CRIMINAL INVESTIGATION

WHAT IS CRIMINAL INVESTIGATION?

 The word Investigation came from the Latin Word "investigo" or "investigatum" which means to search or to look for.

 CRIMINAL INVESTIGATION - is a legal inquiry by virtue of a complaint, to follow up, examine, trace, track and search, step by step by patient and meticulous
observation, the fact of the commission of a crime, the identity of the actors, and the circumstances attendant thereto, by careful evaluation of all available evidences to the end
that violators of law be brought to the bar of justice, and the innocent be relieved there from (Sadili & Pena, 1998).
- is an Art which deals with the identity and location of the offender and provide evidence of his guilt through criminal proceedings.

KINDS OF CRIMINAL INVESTIGATION

1. Investigation while the suspect is under arrest and detention;

2. Investigation while the suspect is “at large” as distinguished from fugitive from justice.

 “AT LARGE” means the suspect is not under arrest or detention not being a wanted person in the eyes of the law, and therefore cannot be lawfully arrested
without a warrant.

 “FUGITIVE FROM JUSTICE” is necessarily an escapee from detention or a escaped prisoner while serving sentence by virtue of a final judgment rendered by a court
of competent jurisdiction who can be legally arrested (par. C, Sec 5, Rule 113, Rules of Court) without the necessity of a warrant of arrest.

PHASES OF CRIMINAL INVESTIGATION

1. The identification of criminal.

2. The criminal is traced, located and arrested.

3. The pieces of evidence to prove the guilt of the accused are gathered.

4. Pieces of evidence are presented in court.

CRIMINAL INVESTIGATION AS AN
ART AND A SCIENCE

 It is an art because it is governed by rigid rules or fixed legal procedures but most often based on intuition and sometimes by chance.

 It is a science because it involves the application of knowledge of forensic sciences in the process of identifying, locating, collecting, processing, and/or evaluating
physical evidences.

 At present, Many famous authors claim that criminal investigation is both an art and science. It exists today as the result of countless development since policing
was conceived and then institutionalized.

GOALS OF CRIMINAL INVESTIGATION

1. To determine whether a crime has been committed.

2. To legally obtain information or evidence.

3. To identify persons involved (suspects/victims/ witnesses).

4. To arrest suspects.

5. To recover stolen properties.

6. To present the best possible case to the prosecutor.

IMPORTANCE OF CRIMINAL INVESTIGATION

1. It provides the facts of a crime and provided with solutions.

2. It helps the five pillars of the Criminal Justice System in recognizing and identifying criminal and provides clues or information in promoting social justice.

3. An aid in enforcing the laws and the protection of lives and properties.

THE CRIMINAL INVESTIGATOR

CRIMINAL INVESTIGATOR is so-called the superstar in the process of investigation. He must be capable of observation and a rational thinker. Many times, a police
investigator is being tested with his discretion. DISCRETION is the wise use of one’s own judgment.
- Also a person who can carry the objectives of criminal investigation.

CHARACTERISTICS OF INVESTIGATOR:

1. PERSEVERANCE = refers to the steadfastness, persistence and resolution to bring the desired conclusion in spite of obstacles connected with criminal investigation.

2. ENDURANCE = this is the ability to last physically and mentally hence, he must have the extraordinary physical and mental energy, enduring sleepless nights and tiresome
days.

3. INCORRUPTIBLE HONESTY AND INTEGRITY = in the practice of his art , there is the ever temptations of money, women and drinks where these are present in every corner
playing tricks of temptations.

4. THE INTELLIGENCE AND WISDOM OF SOLOMON

= This is very important in order that the investigator could easily decipher falsehood from truth and separate the gain from the chaff.

5. ACTING ACTIVITY
= It is the ability to go down to the level of the minor, the prostitute or the slum dwellers, or the level of the other professionals or the members of the elite.

6. MASTERY OF THE ORAL AND WRITTEN COMMUNICATION

= This is important in order that he will not suffer setback in getting the accurate facts especially in the preparation of reports and or transmittal of information.

7. THE KEEN POWER OF OBSERVATION AND DESCRIPTION

= These are very important in crime scene investigation and in interview and interrogation.

8. COURAGE
= It is the moral fortitude to tell the truth no matter who will be hurt.

9. THE POWER TO “READ BETWEEN THE LINES”

 = This is the ability of the investigator to interpret the words or phrases encountered in the process of investigation in their deeper meaning inorder to arrive with
an accurate meaning of a certain statement.

10. Working knowledge of criminal Law, Evidence, Criminal Procedure, and Special Penal Laws.

11. WORKING KNOWLEDGE OF MARTIAL ARTS AND FIREARMS PROFICIENCY

= He will find himself in many occasions that he will be alone in confronting, arresting, bringing to headquarters and interrogating the suspect.

OTHER QUALITIES OF INVESTIGATOR

A. Superior reasoning ability – the ability to analyze logically a multitude of facts and determining how they interrelate. This is related to critical thinking.
- This method of reasoning challenges one to adopt an attitude of fair-mindedness, intellectual caution and openness
to questioned common or assumed beliefs.

B. Imagination and curiosity-

Imagination- is forming mental images of what is not present or creating new ideas by combining previous experiences.
Curiosity – is a desire to learn

C. Intuition –immediate apprehension or cognition, quick and ready insight.

D. Observation ability- the ability to observed, noting and recording of facts (using the sense of seeing and hearing)

CHAPTER 2
HISTORICAL BACKGROUND OF
CRIMINAL INVESTIGATION

 2100 B. C. BABYLON: as civilization developed, social and cultural traditions were codified into formal laws.

The CODE OF HAMMURABI was then implemented to detect those who refused to obey the law. It imposes the
LEX TALIONES principle where punishment of an offender is equal to what he did. It is known to be the principle of “An eye for an eye and a tooth for a tooth.”

 5th CENTURY B.C., ROME: Rome created the first specialized investigative unit. It was named as QUESTORS/TRACKERS/MURDERERS.

 6th CENTURY B.C. ATHENS: Unpaid magistrates (judges), were appointed by the citizens to make decisions for the cases presented to them.

TIME OF ALFRED THE GREAT

In the later part of 19 TH Century, England’s king, Alfred the Great established a system of “mutual pledge” (social Control), which organized for the security of the
country into several levels:

1. TEN TITHING - One hundred persons are grouped into one under the charge of a High Constable.

2. TITHING – Ten persons are grouped together to protect one another and to assume responsibility for the acts of the group’s members. The one who heads this group is called
Tithing Man.

*SHIRES – The divisions of a specific geographic area. It is being controlled by the king and governed by a Shire-reeve, or Sheriff.

TIME OF EMPEROR AUGUSTUS

At about the time of Christ, Rome: The Roman Emperor Augustus picked out special, highly qualified members of the military to form the following:

1. PRAETORIAN GUARD – This was considered the first police officers, their job is to protect the palace and the emperor.

2. PRAEFECTUS URBI – Their function is to protect the city. They have both executive and judicial power.

3. VIGILES OF ROME - The vigiles began as fire fighters, they were eventually also given law enforcement responsibilities and they patrolled Rome’s streets day and night. The
vigiles could be considered the civil police force designed to protect citizens.

It is from them that the word “VIGILANTE” came from.

TIME OF WINCHESTER

1285 A.D., England: THE STATUTE OF WINCHESTER was enacted establishing a rudimentary criminal justice system in which most of the responsibility for law
enforcement remained with the people themselves.

These statutes or laws were promulgated by Winchester.

1. The Watch and Ward Act

2. Hue and Cry System

3. Parish Constable

4. Keeping weapon at home for family security

 1720’s, England: JONATHAN WILD – a master criminal who became the London’s most effective criminal investigator.
He was the most famous THIEF-CATCHER in 1720s. He conceived the idea of charging a fee for locating and returning stolen property to its rightful
owners.

 1750s, England: HENRY FIELDING –He was the creator and a magistrate of the Bow Street Runners; he formed a group of police officers attached to the Bow Street
Court, not in uniform performing criminal investigative functions.

 1753, England: JOHN FIELDING – The “blind” younger brother of Henry Fielding who took over the control of Bow Street Court in 1753. He also introduced the
practice of developing informants, printing wanted notices, employing criminal raids, and bearing firearms and handcuffs.

 1800, London: PATRICK COLQUHOUN – A prominent London President who proposed the unique idea of creating sizeable uniformed force to police the city of
London in order to remedy the public outcry concerning the increase of criminality during the early 1800s.

 1811, France: EUGENE “FRANCOIS” VIDOCQ - established a squad of ex-convicts to aid the Paris Police in investigating crimes. He worked under the theory of “Set a
thief to catch a thief.”
He is credited, as the founder of La Surete, France’s National Detective Organization.

 1829, London: ROBERT PEELS – The founder and chief organizer of London Metropolitan Police. He introduced the techniques in detecting crimes such as
detectives concealing themselves, and secretly photographing and recording conversations.
 1835, TEXAS RANGERS was organized as the first law enforcement agency with statewide investigative authority. This is the forerunner of the Federal Bureau of
Investigation (FBI).

 1839, Birth Year of Photography: WILLIAM HENRY FOX TALBOT explained a photographic process he had invented to the Royal Society of London.
 1839, JACQUES MANDE DAGUERRE gave a public demonstration in Paris of his discovery on the Photographic process he developed in collaboration with
Nicephore Niepce.

 (1847-1915), Dr. HANS GROSS – The earliest advocate of criminal investigation as a science. Gross was a native of Austria, born in Graz. Educated in law, he became
interested in investigation while serving as an examining magistrate. He became a professor of Criminology at the University of Vienna.

 1852, U.S.A: CHARLES DICKENS is a great novelist in which through his story entitled bleak house, he introduced the term detective to the English language.

 1852, U.S.A: ALLAN PINKERTON. This individual truly deserves the title of “America’s Founder of Criminal Investigation.”
- Among methods pioneered by Pinkerton were; “shadowing, roping, undercover.”

- They work with the motto “We never sleep.”

 1856, U.S.A: KATE WAYNE: The first woman detective in the history of criminal investigation. She was hired by the Pinkerton Agency and contributed to the
resolutions of big cases of the United States of America.

 1901, ACT NO. 70, otherwise known as the CHARTER OF MANILA. The creation of a police force for the city of Manila.

 JANUARY 9, 1901 – The Manila Police Department was organized with Col. Matthew Harmon (1901-1903) as its first chief of police.

 AUGUST 8, 1901 – The Philippine Constabulary was organized that serves as the territorial force for maintenance of peace and order in the country.

 1909-1924 JOHN EDGAR HOOVER – He became the head of the Federal Bureau of Investigation, which was established by the attorney general from 1909 to 1924.

 1866, U.S.A: THOMAS BYRNES

= He is an unusually keen-minded individual who trained his detectives in recognizing individual criminal techniques. He founded the criminal “modus operandi,” or
method/mode of operation.

 1866, Liberty, Missouri, USA: THE JESSIE JAMES GANG

= made the first hold-up which marks the beginning of the gang’s 15 year hold-up and robbery spree (12 bank hold-ups and 12 train robberies in 11 states). Clay
County Savings Association (CCSA) was their first victim and their take was $60,000,000.00.

 1882, France: ALPHONSE BERTILLON

= A French Police Clerk who introduced and established the first systematic identification system based on the Anthropological Signalment (Anthropometry).
He is considered as the founder of Criminal Investigation in France.

 1913, PHILIPPINES - The official genesis of Criminal Investigation in the Manila Police Department, presently the Western Police District took place.

 1918, England, “TEAM POLICING” was introduced in order to win the support of the public.

 1954, USA: Dr. PAUL KIRK – The best known Criminalist who headed the Department of Criminalistics at the University of California, USA.

 1966, USA: MIRANDA vs ARIZONA – The US Supreme Court established procedural guidelines for taking criminal confessions. The case is the origin of the present
Miranda rights of every accused under the custody of police.

RELEVANT LAWS/ PROVISIONS APPLICABLE IN

CRIMINAL INVESTIGATION

1. ACT No. 175 = The law that establishes the Insular Police Force which was entitled “An Act Providing For The Organization And Government of an Insular Constabulary.” It is
the organic act creating the Philippine Constabulary (PC).
Approved July 18, 1901.

2. ACT No. 225 = This is the law which established the Philippine Constabulary.
Approved October 3, 1901.

3. REVISED ADMINISTRATIVE CODE OF 1917, SEC. 825

= The Law stated that the Philippine Constabulary is a National Police Institution for preserving the peace, keeping the order and enforcing the law.

4. RA No. 4864 = The law otherwise known as the Police Act of 1966, It created the Office of the Police Commission (now National Police Commission). It was under the Office of
the President and was created as the supervisory agency to oversee the training and professionalization of the local Police forces. Through this law, reformation and
professionalization of the police service gained official recognition. Approved September 8, 1966 authored by Cong. Teodulo C. Natividad.

5. Proclamation No. 1081 = the declaration of Martial Law in the country by Ferdinand E. Marcos on September 21, 1972. Consequently, military officers from the Philippine
Constabulary (PC) were designated as Officers-in-Charge of the respective police department of the different cities and municipalities and took control of the supervision,
administration and operation thereof. Those were the days where a young first lieutenant of the PC requires a peace officer with a higher rank including the chief of police to
salute him.

6. PD No. 421= This is the law that integrates the police force in greater scope in Manila area to test its effectiveness particularly the first four cities: MANILA, QUEZON,
CALOOCAN AND PASAY.

7. It was MAYOR ARSENIO LACSON who proposed the idea that police should be integrated. The idea of Mayor Lacson became popular and was adopted for implementation to
the provinces.

8. By the mandate of this law, the Metropolitan Police Force (MPF) was formed and created whose officers and men are regular members of the PC. The four (4) cities and
thirteen (13) comprising Greater Manila (GMA) were placed under the exclusive military and police authority of the MPF.

9. PD No. 482 = The law that integrates the police force in the provincial level particularly the provinces of PAMPANGA, NUEVA ECIJA, BULACAN, AND MISAMIS ORIENTAL.
Approved June 13, 1974.

10. PD No. 765 = Stipulated that the office of the National Police Commission was under the office of the Ministry of the National Defense (now Department of National
Defense).
Approved August 8, 1975.

11. RA No. 6975 = the Department of Interior and Local Government (DILG) Act of 1990. This is the law that created the PNP and subsequently dissolving the PC whose officers
and rank and file were given the privilege either to join the AFP or the PNP within the period as provided therein.

12. RA No. 8551 = The PNP Reform and Reorganization Act of 1998 which is now the operational law that governs over the PNP. Approved February 25, 1998.

13. 1987 PHIL CONSTITUTION, Art 16, Sec 6 = “The state established and maintained one police force, which shall be NATIONAL IN SCOPE AND CIVILIAN IN CHARACTER, to be
administered and controlled by the National Police Commission. The authority of the local executives over the police shall be provided by law.”

14. RA No. 7438 = An act defining certain rights of person arrested, detained or under custodial investigation as well as the duties of the arresting, detaining, and investigation
officers and providing penalties for violation thereof.
 CHAPTER 3
ARREST, SEARCH AND SEIZURE

The term “arrest” came from the Latin word “arrestare” which means “cause to stop” and “restare” which means “stay behind”. These terms were used as early as during the
14th century.

On the other hand, the word search was derived from the Anglo-Norman word “searcher,” Old French cerchier which means “to explore,” Latin word “circare" which means “go
around in circles.”

TERMS TO UNDERSTAND:
1. Warrant of Arrest is
- an order in writing issued in the name of the
People of the Philippines;
- signed by a judge;
- directed to a peace officer, commanding him to arrest the person designated and take him into custody of the law in order that he may be bound to
answer for the commission of an offense.

2. Warrant Officer is any authorized member from the law enforcement agency usually from the Philippine National Police (PNP) or National Bureau of Investigation (NBI) who
holds a warrant for execution within 10 days from receipt subject to renewal in case of failure to execute the same

3. Alias Warrant refers to the warrant of arrest issued by a judge to the peace officer after returning the original warrant of arrest after the lapse of the 10-day validity period.

4. Search Warrant is another order in writing issued in the name of the People of the Philippines, signed by the judge and directed to a peace officer commanding him to search
for personal property and bring it before the court.

5. Richard Doe/ John (Jane) Doe Warrant is a warrant containing no specific person to be arrested but only descriptions based from the testimonies of the victim/s or the
witnesses/es. It contains the physical description of the accused as well as other factors to be considered for the identification of the accused (Sadili & Pena, 1998).

6. Arrest is the actual taking of a person or persons into custody by an authority in order that he/they may be bound to answer for the commission of an offense.

7. Search is the act of examining documents, papers and effects.

8. Complaint is a sworn written statement charging a person or a group of persons of an offense that is subscribed by the offended party such as the victim/s of the offense
committed, or any other peace officer charged with the enforcement of the law violated.

9. Information is an accusation in writing charging a person or a group of persons of an offense that is subscribed by the prosecutor or fiscal. It is substantiated on oath and
includes the name of the party, the offense committed, facts of the offense and other factors relevant. (Curton,1989) .

OTHER INSTANCES WHEREIN OTHER OFFICERS MAY ISSUE WARRANT OF ARREST

 In Morano vs. Vido, it was held that warrant of arrest may be issued by administrative authorities like the President of the Philippines and the Commissioner of the
Bureau of Immigration and Deportation only for the purpose of carrying out a final finding of a violation of law like an order of deportation or an order of contempt, and not for
the sole purpose of investigation or prosecution.

 However, warrant of arrest issued by the BID for purposes of investigation is null and void for being unconstitutional (BOC-CID vs. Judge de la Rosa).

Below are the properties that are subject to seizure:

1. Subject of the offense;

2. Stolen or embezzled properties;

3. Proceeds or fruits of the offense; and

4. Property used or intended to be used as means for the commission of an offense.

INSTANCES OF WARRANTLESS ARREST

1. When, in his (peace officer) presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense.

In people vs. Sucro, it was held that when a police officer sees the offense, although at a distance, or hears the disturbance created thereby, and proceeds at once
to the scene thereof, he may effect an arrest without a warrant. The offense is deemed committed in the presence or within the view of the officer.

2. When an offense has just been committed and he (peace officer) has probable cause to believe based on personal knowledge of facts or circumstances that the person to be
arrested has committed it.

Cases: In Go vs. Maguan, six days after the shooting, as petitioner presented before the San Juan Police Station to verify news reports that he is being hunted, the
police detained him because an eyewitness had positively identified him as the gunman who shot Maguan. The SC held that there was no valid arrest; it cannot be considered as
within the meaning of the offense had just been committed in as much as six days had already elapsed; neither did the policeman have personal knowledge of facts that Go shot
Maguan.

3. When the person to be arrested is an escapee from jail.

Those who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped
while being transferred from one confinement to another may be arrested by any peace officer or private person without warrant.

4. When the right is validly waived. This is when the person arrested consented to the arrest, despite of no warrant showed, the person is willing to be taken into custody.

Cases: In People vs. Dural, the illegality of the arrest is cured when the accused files a petition for bail. Appellant is estopped from questioning the illegality of his
arrest when he voluntarily submitted himself to the jurisdiction of the court by entering a plea of not guilty and by participating in the trial. (People vs. Lopez).

INSTANCES OF WARRANTLESS SEARCHES

1. WHEN SEARCH IS INCIDENTAL TO A LAWFUL ARREST.

Provided that the search is contemporaneous to the arrest and within the permissible area. A person lawfully arrested may be searched
for dangerous weapons or anything, which may be used as proof of the commission of an offense, without search warrant.
The warrantless search and seizure, as an incident to a lawful arrest, may extend beyond the person of the one arrested to include the
premises or surroundings under his immediate control.

 In Posadas vs. CA, the SC upheld the validity of a search made by police officers on one who, confronted by the police because he was acting suspiciously, ran away.

 But in People vs. Rodriguez, the arrest and consequent search of the accused, simply because “he was acting suspiciously” was held invalid.

2. SEARCH IN VIOLATION OF TARIFF AND CUSTOM LAWS.

 The search involves illegal entry of “smuggled goods” in our country that may affect the local businesses especially the small time businessmen. The search is
usually conducted by the officers and agents of the Bureau of Customs.

3. WHEN PROHIBITED ARTICLES ARE IN PLAIN VIEW.

Under the plain view doctrine, police officers can seize articles or objects which inadvertently come to their view without exerting any effort and which object is
incriminatory to the accused. Based from decisions of trial courts, the doctrine includes the five senses of an individual to detect violations of law.

The doctrine requires that a police officer in order to validate the confiscation of an object in plain view must have a right to be in that place and whatever objects
become obvious or apparent without obstruction or impairment may be subject to seizure.

4. SEARCH OF MOVING VEHICLES.

The search of moving vehicles is popularly called as “check points.” This instance of warrantless search cannot be done anytime. The “checkpoints” must be done
during “abnormal times” when the public welfare is at stake. Thus, every vehicle that passes the certain checkpoint can be searched without search warrant

5. INSPECTION OF BUILDINGS FOR FIRE AND SANITARY REGULATIONS.

Inspectors of a certain building for the purpose of maintaining sanitation, fire and building regulations are required to enter every building as well as every room
necessary to be inspected without arming themselves with search warrant. The inspectors need not be armed with search warrant to enter the premises or rooms of the
building to be inspected.

6. WHEN THE RIGHT IS VALIDLY WAIVED.

If the person submitted himself voluntarily to be searched, it is good, as there is a search warrant because of the consent of the person to be
searched. The consent of the person must not have been because of intimidation, threat of the person making the search. Thus, the Supreme Court held that in the cases of:

People vs. Omaweng, the accused while driving a vehicle, was stopped at a checkpoint, and when the vehicle was inspected, the soldiers asked
permission to see the contents of a bag which was partially covered by a spare tire. The accused consented, and upon inspection, the bag was found to contain marijuana. The
SC ruled that there was valid waiver.

In People vs. Ramos, the SC said that the evidence for the prosecution clearly disclosed that Ramos voluntarily allowed himself to be frisked, and that
he gave the gun to the police voluntarily; thus, there was a valid waiver.

However, in People vs. Barros, the “silence of the accused” during the warrant less search was not construed as consent.

CHAPTER 4
BASIC ELEMENTS OF
INVESTIGATING CRIME SCENE

Before a criminal investigation be true, it should include its elements such as recognition, collection, preservation, evaluation and presentation (RCPEP) in the
court.

 Recognition involves the efforts of identifying data, including physical things that may provide relevant information regarding the criminal case being investigated.
That is why recognition is otherwise known as identification stage of investigation.

 Collection, which refers to the act of gathering those identified data or facts, or physical things that are significant to the case under investigation. Collection maybe
done by scraping the bloodstains found at the crime scene, interviewing the neighbor who saw the burglary, or examination of drug dealer’s bankbook.

 Preservation. It is a function that is almost simultaneously performed during the collection stage. It includes act of keeping the collected evidences in their true and
original for, preventing contamination or destruction of its substantive value. Preservation does not only involve the process of packaging physical evidences in order that they
can be safely transmitted to the evidence custodian or to the crime laboratory. It covers the process of maintaining the objectivity of facts or information that has been gathered
from the testimony of witnesses, victims or other persons 0involved in the criminal case.

 Evaluation is the process of determining the probative value of the evidence.

Probative value refers to the strength of the evidence or its worth/weight in successfully establishing a proof that a crime has in fact
been committed and that the suspects/accused is the one who is responsible for it.

 Presentation is the function that is primarily manifested inside the courtroom. The investigator, with the help of the prosecutor, must be able to present facts and
information in a very simple and convenient manner in order to convince the court and other parties involved in the criminal case about the validity and truthfulness of the
evidences they are trying to prove or establish

FUNDAMENTAL PRINCIPLES OF
CRIMINAL INVESTIGATION

What are the Uses and Purposes of the 5ws and H?

1. Aid the investigator in searching the crime scene or other places which maybe sources of evidence.

2. Guide the investigator in formulating questions in interviewing complainant, witnesses and other interested parties or in the process of interrogating a suspect.

3. Assists the investigator and the desk officer in making brief statements of facts in the logbook/police blotter and in reports.

4. Help the investigator in preparing the MODUS OPRANDI report – How the crime perpetrated?

5. Assist the investigator in furnishing a concise criminal investigation report.

WHO QUESTIONS: These are questions used to inquire on the identity of the victims or offended party, name of suspect, accomplices, accessories and witnesses of the crime.

1. Who reported the crime? Who discovered the crime?

2. Who saw how the crime was perpetrated?

3. Who is the victim? Who had any misunderstanding with him?

4. Who is the offender/perpetrator/culprit? Who are the companions, associates, or accomplices of the perpetrator?

WHAT QUESTIONS: The purpose of these types of questions is to find out what happened or what took place before, during and immediately after the commission of the
offense.

1. What happened?

2. What specific actions did the suspect/victim/witness do?

3. What is the nature of the crime?

4. What was/were the weapons/s or tools/s used by the culprit?

5. What are the evidences discovered at the crime scene?

WHERE QUESTIONS: These are questions that localize the place of the incident- the city or town, the district or barangay, the street or road, the number of the house or building.
Where questions are necessary in specifically pinpointing the particular location of the crime scene.

1. Where was the crime discovered?

2. Where did the offense take place?
3. Where are the victims, witnesses or culprits?
4. Where do the victims/witnesses/culprits live?
5. Where was the suspect seen or apprehended?
6. Where are the weapons or tools used in committing the crime?
7. Where did the investigator secure or obtain the evidences?

WHEN QUESTIONS: These are questions needed to determine and fix the time, day, month and year when the crime was committed. When questions should be specified and as
accurate as possible.

1. When was the crime committed?

2. When was it discovered?
3. When was the police notified?
4. When was the victim last seen?
5. When was the suspect arrested?
WHY QUESTIONS: These are questions that endeavor to ascertain the motives, causes, antecedents, previous, incidents, related facts, background occurrences that might help
explain the commission of the offense.

1. Why did the offender do it?

2. Why did he kill his victim?
3. Why didn’t he just let the victim go?
4. Why didn’t the suspect surrender?

HOW QUESTIONS: These are designed to help the investigator determine how the crime was committed, the means/tools are employed, the crime was discovered, the culprit
enters the building/room. How questions are very significant in preparing the modus operandi file or report.

1. How did the suspect get near to his victim?

2. How did he perform the crime?
3. How did the criminal get all the necessary information?
4. How did the criminal get away from the crime scene?
5. How was the crime scene search conducted?

Starting Points of the Criminal Investigation

1. State the problem –the problem would be; to identify, locate and arrest the perpetrator of the crime and attempt to recover all stolen property in a thorough legal
manner designed to ensure the greatest probability of justice .

2. Form hypothesis –to construct an explanation for an occurrence by knowing the ff;
a. Motive- that which causes a person to act in a certain manner
b. Knowledge/opportunity- given chance to commit crime
c. Means/Instrumentality – the things used to commit crime

3. Observed and Experiment – serves as a check for the hypothesis that is incorrect or correct.

4. Interpret Data- interpret results of final observations and experimentation

5. Draw conclusion
a. Has the stated problem been answered?
b. Does evidence support hypothesis?
c. Has each stage of investigative method been conducted in a legal manner?
d. Does data interpretation support a recommendation for prosecution?

THE GOLDEN RULE IN CRIMINAL INVESTIGATION

 “Do not touch, alter, move, or transfer any object at the crime scene unless it is properly marked, measured, sketched and/or photographed.” The purpose of this
rule is to avoid the mutilation, alteration and contamination (MAC) of the physical evidences found at the crime scene.

CRIMINAL INVESTIGATOR is a person who is charged with the duty of carrying out the objectives of criminal investigation. The primary job of the investigator is to
discover whether or not an offense has been committed under the law after determining the 5Ws and H.
1. How it was committed
(sequence/ manner of commission).

2. To whom was the crime committed

(offended party/ victim/s)?

3. Where the crime was committed

(exact crime scene)?

4. When was the crime committed

(date and time of commission)?

5. Why the crime was committed

(motive/intent/reason)?

6. Who committed the crime

(suspect/criminal)?

THE THREE TOOLS OR I’S OF

CRIMINAL INVESTIGATION:

In criminal investigation, we have the so-called three tools or sometimes called as the I’s of cr5iminal investigation to include: Information, Interview and
Interrogation and Instrumentation.

1. INFORMATION = It is the knowledge or facts which the investigator had gathered or acquired from persons or documents, which are pertinent or relevant
concerning the commission of the crime or criminal activities.

INFORMATION CLASSIFIED AS TO ITS SOURCES:

1. Regular Sources = Records, files from the government or non-government agencies, news items. The bulk of application of this nature is news items. Included
also is news or TV broadcast, intercepted radio, telephone messages and stored computer area.
 2. Cultivated Sources = Information furnished by informants or informers.

3. Grapevines sources =When the information is disclosed by the underworld characters such as prisoners or ex-convicts.

2. INTERVIEW AND INTERROGATION

 INTERVIEW is the simple questioning of a person who cooperates with the investigator. In account of the interview, the witnesses voluntarily give their accounts
about the commission of a crime.

 INTERROGATION is the process of obtaining an admission or confession from those suspects who committed the crime. It is confrontational in nature, which means
that the suspect is confronted about his participation in the commission in an offense. is the act or process of questioning somebody closely, often in an aggressive manner,
especially as part of an official investigation or trial

Goals of interrogation:

 To find out the truth about the crime.

 To obtain an admission or confession of guilt from the suspect.

 To gain all facts in order to determine the method of operation or modus operandi and the circumstances of the crime in question.

 To collect information that guides investigators to arrive at a logical conclusion.

3. INSTRUMENTATION = This is sometimes called Criminalistics. It is the process of applying instruments or tools of the police sciences in criminal investigation and detection.
This is the use of the Police Laboratory in the examination of physical evidences.

CRIME SCENE is said to be the “TREASURE ISLAND”, when it comes to criminal investigation. It is because several pieces of evidence are mostly found in the crime
scene, which are very relevant for the solution of the crime. The term crime is
also defined as any act or omission in punishable by law forbidding or commanding it.

SUGGESTED PROCEDURES OF
CRIME RESPONSE

1. The Means of Reporting = Refers to the method of reporting the crime whether it reached the station through phone call, personal appearance or others means.

2. The Time of Report = The exact time of the report to include minute must be recorded.

3. The Receiver of Report = The identity of the one who received the report in the station must be properly noted.

4. The Time of Dispatch = The time when the Desk Officer dispatches the investigator/s is also recorded, together with the names of the investigator, with the means of
transportation, either by mobile car, taxi or other means.

5. The Time of Arrival = The time of arrival of the investigating team at the crime scene should be noted. The situation in the area should also be noted whether it is windy, rainy,
sunny or any other description of the climate in the immediate area.

INITIAL STEPS IN CRIMINAL INVESTIGATION

1. Cordon the crime scene.

2. Identify and retain the person who first notified the police for questioning.

3. Determine the suspect by direct inquiry or observation.

4. Detain all people present at the crime scene.

5. Safeguard the area by issuing appropriate orders.

6. Permit only authorized persons to enter the area.

7. Separate the witnesses in order to obtain independent statement.

8. Do not touch or move any object found in the scene.

9. Summon assistance from responsible persons if necessary.

10.The team leader assigns the duties of the searchers if assistants are present.

ASSIGNMENT OF DUTIES OF RESPONDING OFFICERS

1. OFFICER-IN-CHARGE/ TEAM LEADER – The one who directs the processing of the crime scene.

2. ASSISTANT TEAM LEADER – The one who implements or executes the order/s coming from his/her superiors.

3. PHOTOGRAPHER – Takes photograph of all pieces of evidence that are relevant

to the crime committed.

4. SKETCHER – Make sketches of the immediate, background and inside the scene of the crime.

5. MASTER NOTE TAKER – The one who writes down in short hand all observations at the crime scene such as: weather condition, time of dispatch and time of arrival at the
crime scene and other relevant data that’s should be taken down note.

6. EVIDENCE MAN – The one in charge in the collection, preservation, tagging of the articles of evidence found at the crime scene.

7. MEASURER – Makes all relevant measurements of the scene such as: the distance of the body of the victim to the firearm used; in motor vehicle collision, the distances of the
two vehicles to the points of references.

SOME MATERIALS NEEDED IN RESPONDING

TO THE SCENE
1. Searching Materials – Examples: flashlights, magnifier, etc.

2. Sketching Materials – Examples: chalk, graphing paper,

sketching pad, clipboard, paperboard,
pencil/ ballpen, etc.

3. Measuring Materials – Examples: compass, tape measure, ruler, etc.

4. Recording Materials – Examples: tape recorder, video recorder, etc.

5. Collecting Materials – Examples: such as cutting fliers, knife,
screw device, dropper, forceps, fingerprinting
equipment, etc.

6. Preserving Materials – Examples: bottles, envelopes, test tubes,

evidence tags/ label, etc.

THE MECHANICS OF SEACRHING THE CRIME SCENE

1. Strip Method = The searchers (A, B, and C) proceed slowly at the same pace along the path parallel to one side of the rectangle. At the end of the rectangle, the searchers turn
and proceed back along new lanes but parallel to the first movement.

2. Double Strip or Grid Method = Is somewhat similar to Strip Method, the rectangle is traversed first parallel to the bas and then parallel to the side.

3. Spiral Method = a) Inward Spiral method = one or two investigators

(from the outside)
b) Outward Spiral Method = one searcher
(from the center)

4. Wheel Method = This type of searching the crime scene is applicable to areas
which are somewhat circular in size or area. The searchers shall assemble at the
center of the crime scene, then simultaneously searching the crime scene outward.

5. Zone or Sector Method = The area to be searched is divided into quadrants and each searcher or a group of searcher is assigned to the quadrant.

CHAPTER 5
SKETCHING THE CRIME SCENE

 Sketch is the graphic representation of the scene of the crime with complete measurements of the relative distances of relevant object and conditions obtaining
therein.

 Sketching refers to the process of recording of information with respect to its location, position, measurement, orientation and details of findings in a sketch pad
through symbols, arts and figures.

The General Kinds of Sketch

1. Rough Sketch is the sketch made by the investigator at the crime scene which is full of important details but without the scale of proportion. This is used as the basis for the
finished sketch.

2. Finished sketch is the sketch with a scale of proportion and drawn by a draftsman which can be used for court presentation. Rough and finished sketches if requested by the
court shall be presented by the draftsman to clear doubts of the jury.

REASONS OF MAKING SKETCH

1. To refresh the memory of the investigators.

2. To express the precise location of objects and their relationship to other objects and its surroundings.

3. To assist the prosecutor and the judge in understanding conditions at the crime scene;

4. To supplement photographs;

5. To assist in questioning of witnesses and suspects.

PARTS OF SKETCH

The following are parts of sketch that is usually practiced by the Philippine National Police (PNP). This may vary depending on the sketcher and purpose of sketch.

1. Title – it refers to the crime committed or the incident happened such as vehicular accident, homicide case, drowning, rape case and others.

2. Body – refers to the sketch proper to include the position of the victim and other items in the crime scene. It includes proper measurements of distances of objects in the
crime scene.

3. Compass direction (orientation) - A standard arrow to indicate the north direction.

To find the north without compass, determine the east where the sun rises. Facing
east, your LEFT SIDE is the north direction.

4. Nature of case – refers to the status of the case whether currently committed or days have passed after its discovery.

5. Location of incident – refers to the place where the incident happened.

6. Date/time of incident – refers to the exact time and date of the incident. This can be gathered through interview from eyewitnesses and other persons in the area.

7. Name of victim – the part of the sketch where name of the victim is written

8. Name of suspect – refers to the part of the sketch where the name of the suspect is written.

9. Legend = This is usually placed at the bottom of sketch outside the sketch of the scene. Numbers represent the objects in the crime or letters in order not to unnecessarily
crowd the graphic presentation. Their descriptions are found in the legend.
Example, No. 3 in the sketch is explained in the legend is a pistol, caliber 45, Serial No. 1234, loaded in the chamber, with five rounds of live
ammunitions in the magazine

10. Signatory – the part of the sketch where the name of the sketcher and the team leader or the officer in charge are written and signed.
11. Date and time- refers to the exact time the sketch was made.

SOME ESSENTIAL ELEMENTS OF SKETCH

1. Measurements = This is the element of sketch wherein measurements are shown in the sketch to show accurate spaces and distances of relevant objects to their point of
reference.

2. Essential Items = All items in the scene must be included. Never decide outright that some items are irrelevant. As you proceed in the investigation, these seemingly irrelevant
items will become relevant or material in the investigation.

3. Scale Of Proportion = It is the element of the finished sketch. It is the essential of the finished sketch to the actual size or measurements at the scene. The scale of 1:50 means
that one inch in the sketch measurement is 50 inches in the actual scene measurement.
4. Victim and Suspect identification = This includes the name of the victim. Other identification data may be included if available such as: birthdate and birthplace.

5. Time and date = It includes the exact time of the preparation of the sketch but most importantly the time and date of the occurrence of the crime should be recorded.

THE SPECIFIC KINDS OF SKETCH

1. Sketch of Locality – It deals with the vicinity of the crime scene in relation to

The environs, to include neighboring buildings, structures, or means of access leading to the scene. This kind of sketch is applied in conflagrations, suspected to be arson,
indicating the origin of the fire and how is spread naturally or unnaturally against the wind.

2. Sketch of Grounds – This is the kind of sketch which illustrates the scene of the crime with the nearest physical surroundings, such as the room adjacent or opposite the room
of the crime scene, the number of floors of a building or house, the yard and the other natural structures.

3. Sketch of Details – It includes the positions and exact locations of the physical evidence in the crime scene. It describes the immediate scene only like the room which the
crime was committed and the details of items in the room.

4. Cross Projection – It also describes the immediate scene only, specifically inside a room as the scene of the crime. The room is treated as the cardboard box where
the side and the cover are collapsed to the same plane as the bottom. The bottom serves as the floor, the four sides representing the walls and the cover representing the
ceiling.

FORMS OF INFORMATION

1. Sensory form – This is the form of information wherein information was acquired through the five senses: eyes, ears, nose, tongue and hands can perceive the manifestation
of criminal event.

2. Physical form – The form of information that can give information to the person because of its physical appearance. The information may actually be in physical (real) form,
physical objects w/c proves upon evaluation to be a clue in investigation.

CHAPTER 5
CLASSES OF EVIDENCE

1. Testimonial Evidence – most common form of evidence obtained by interview and interrogation of which witnesses smell, hear, taste and touch are being described through
oral and written testimony.

2. Documentary Evidence – are writings, including official records, or contents

“could speak for themselves” when read by the investigation and the court. They may be collected through voluntary relinquishment or by a Subpoena Duces Tecum (court
order) which compels the party to bring the records to the court.

3. Physical or Real Evidence – are physical objects used as evidence w/c are obtained through searches at the scene of the crime. Articles and material found in connection with
investigation, which aid in establishing the identity of the perpetrator.

KINDS OF PHYSICAL EVIDENCE

1. Corpus delicti – objects/substances which are essential parts of the body of the crime.

2. Associative evidence – evidence which links the suspect to the crime scene or offense such as fingerprints & shoe prints.

3. Tracing evidence – article w/c assist the investigation in locating the suspect such as ID and other personal documents (birth certificate, diary) that may identify the person
concerned.

4. Circumstantial evidence – Identification is being established indirectly by proving other facts or circumstances from which, either alone or in connection with other facts. The
identity of the perpetrator can be inferred.

DEFINITION OF EVIDENCE

 EVIDENCE is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact (Sec 1, Rule 128, Rules of Court).

 EVIDENCE is any material which tends to persuade the court of the truth or probability of some facts asserted before it (Murphy, A Practical Approach). It is the
means by which any alleged matter of fact, the truth of which is submitted to investigation, is established or disproved (Carter, Treatise Cases and Statutes on Evidence)

A. COLLECTING EVIDENCE
– All items that were found in the crime scene should be collected. The collecting officer should not decide whether a certain item is relevant or
irrelevant. Small pieces of evidences also must have to be given importance.

 In collecting firearm as evidence found in the crime scene, cautious action should be employed. The firearm should be lifted using string or handkerchief in its
trigger guard to avoid destruction of possible latent prints in the firearm.

 Liquid evidences such as blood, mucous, urine and other body fluid can be
collected using dropper and stored in a sealed container to maintain the same physical nature as found in the crime scene. However, clotted blood and other hardened
evidences can be collected by scraping with the use of any available instrument. Samples are very important for laboratory testing.

B. MARKING EVIDENCE – As evidence is collected, it is individually marked with the initials of the investigator. The marking tool depends upon the nature of the evidence. If it is
a hard object such as metals, the initial are scratched or engraved by
the use of sharp-pointed steel, which is called stylus.

METHODS OF MARKING SPECIFIC EVIDENCE

 Revolvers must be marked separately on the BARREL, FRAME, BUTT, CYLINDER, and STOCK. Tape should also be put around the bore and the frame of the gun with
signature of the investigator.

 Pistols must be marked on the BARREL, FRAME, BUTT, MAGAZINE, and STOCK. Tape must also be put around the gun with signature to avoid changing the parts of
the gun that may affect the result of laboratory examination.

 Rifles should be marked on the BARREL, FRAME, MAGAZINE, BOLT OR SLIDE. All magazines and accessories shall also be marked.

 Revolver Cylinder – Aside from the mark on the cylinder, the chamber facing the firing pin must be marked as soon as it is opened for examination. A
drawing must depict the chamber facing the firing pin, the respective position of the fired empty shells, misfired or dud cartridges.

 The direction of the rotation of the cylinder must also be sketched and noted. Colt revolvers have a clockwise direction of rotation of the cylinder. Smith and
Wesson revolvers have a counter clockwise direction of cylinder rotation.

Fired Empty Shells, Misfired Cartridges

Strictly regulations say they must be marked inside the mouth of fired empty shells. It is nearly impossible to mark them inside the mouth, especially .22 caliber
shells. But they could be marked on the side of the body of the shells, not on the base.
 It should be admitted that there is really the big difference of what is being practiced in reality and theoretically written in books. The lesson is, for as long as the
evidence can be properly marked and kept as evidence.

 BULLETS/ SLUGS/ BALLS – A bullet or slug can be marked on the ogive or nose as well as in the base. The initials of the investigators and/ or date should be marked
on those parts so that the riflings (land and grooves) found in the bullet or slug will not be disturbed because they are very important for laboratory examination.

 Shotgun balls when collected in the crime scene should also be put into container with tag that indicates where it was found with some relevant measurements
aside from what is sketched.

 Every collected evidence is marked. If they are of the same class or type such as Cal 45 caliber fired empty shells, they are marked consecutively such as: JBV 1, JBV
2, JBV 3 and so forth and so on, depending on the initials of the investigator. JBV are the initials of the investigator SPO4 Jezreel B Vicente.

C. TAGGING EVIDENCE - Evidence which by their nature could not be marked on each surface such as blood, hairs, fibers, are placed in the plastic container where that
container is then marked, we call such practice as tagging the physical evidence with the use of card where the initials of the investigator, date and time of collection, specific
case and other information can be written.

D. PRESERVING EVIDENCE

 Perishable material should be preserved in order that they will reach the court in the same physical condition as when they where collected from the crime scene.
This is the work of laboratory technician.

IMPORTANT TERMS:

1. Chain of custody refers to the number of persons who handled and possessed the pieces of evidence the moment that they were collected, marked and tagged, up to the time
of the final disposition of the case. The basic rule is to limit the chain of custody to avoid tampering, substitution or loss. If the evidence needs laboratory examination, the
investigator must submit direct to the laboratory without delegating it to the other
persons. The submission is accompanied by a written request and to be officially receipted by the receiving officer of the laboratory. The receipt must have legible identification
of the receiver, together with his signature, time and date of receipt. If the evidence requires no laboratory examination, it must be submitted to the Evidence Custodian duly
receipted.

2. Theory is the imaginative contemplation of reality, direct intellectual apprehension, insight or body of generalizations and principles developed in association with the practice
in a certain field of activity. Theories serve as bases of the investigator to come up with a lead relevant to the investigation.

3. Field inquiry is the general questioning of all persons at, near or around the crime scene for purposes of gathering information about the crime.

THE ELEMENTS OF CRIME

Intent/Motive, Opportunity and Instrumentality are the elements of crime.

1. INTENT – As a general rule, intent is presumed in any crime. Since man is a rational being, the law presumes that when he performs an act, he does so freely and voluntarily
and that he intended the natural consequences of that act. Lack of criminal intent due to an honest mistake of fact or involuntariness on his part are matters that the offender
must prove (Kapunan, Jr & Faylona, 1993 Edition).

The terms intent and malice should be distinguished from each other. The term intent is the conscious malice that taints the act with criminality.

Motive is the moving power, which impels one to act for a definite
result as distinguished from intent, which is the purpose in using a particular means to effect, such result. Intent is an element of a felony while motive is not. Motives only
become importance when the identity of the felon has not been clearly established. (Reyes, J.B.L., 1993, RPC, p. 39)

2. OPPORTUNITY – is the chance or time given to the offender in committing the crime. Without such chance or opportunity given to the offender, there could be no crime
committed. In so many instances, the victims are the ones making opportunity for the offender to commit such crime.

3. INSTRUMENTALITY – This element involves the use of materials and other things which are essential in the commission of the crime.

GENERAL TYPES OF SUSPECT IDENTIFICATION

1. POSITIVE IDENTIFICATION – this use information that identifies an individual beyond question and is legally acceptable as pertaining to and originating from a particular
individual.
Examples are the following:
 Information developed after comparing questioned with inked fingerprints;
 Result of DNA analysis of blood and semen.

2. TRACING IDENTIFICATION – this involves the use of all other information that maybe indicative of the personal identity of an individual.
Examples include the following:
 Description of witnesses as to the appearance of culprits;
 Information about the presence of a suspect’s personal belongings at the crime scene.

SOURCES OF INFORMATION

1. Government Records – Police files, NBI files, Bureau of Immigration files, COMELEC files, files from the local jails and the National Bureau of Prisons and other government
agencies.

2. Private Records – From private offices and business and non-government organizations.

3. Intercepted Messages – From telephones, cellular phones, radio telecommunications and other means of communications.

4. Records of the Firearms and Explosive Unit concerning licensed holders of firearms and authorized possessor of explosives.

5. Fire Busting – Tracing the chain of possession of a firearm, from the manufacturer, distributor, seller and to the last processor and possessor. (Applicable in US, wherein This
could be done through the files of the FBI and other US police agencies.

6. Stored Data on Computers and Cellphones – Only experts must be employed to retrieve these stored data.

RULES ON COMPUTER EVIDENCE

a. When the computer is OFF at the time of arrival, do not turn it on.

b. When it is ON, do not turn it OFF nor touch its mouse or keyboard.

c. The unplugging of the computer whether it is ON or OFF should be done by pulling out the cable directly from the back of the Central Processing Unit.

d. Each unplugged cable should be marked in the same marking corresponding to the socket from where the cable was unplugged.

e. The computer should be carefully handled and packed for transport to the police station.
f. Only computer forensic expert should search for any information or evidence contained in the hardware.

g. The expert should duplicate the computer and the evidence custodian for future court presentation should keep the original. Search and analysis must be
undertaken using the image disk.

CHAPTER 6
INTERVIEW

 Interview is the simple questioning of a person believed to possess information, which are relevant to the investigation of a crime or on criminal activities. In an
interview, the interviewee is willing and cooperative with the person conducting the interview.

 Cognitive Interview is a form or technique in the conduct of interview upon willing and cooperative witnesses, where they are given the full opportunity to narrate
their accounts without intervention, interruption and interference from the interviewer. After the subject has finished his narration, the investigator now subjects him to the
style of direct examination and cross-examination, to clarify the unexplained portions to arrive at a vivid and complete picture of the testimony.

 Question and Answer style of interview are also practiced by some investigators whereby after each question by the investigator, the interviewee is required to
answer on what he knows about what is being asked.

 THE GOLDEN RULE IN INTERVIEW

“Never conduct or let anyone conduct an interview if the interviewer has not gone to the crime scene.” The questioning should be in agreement with the facts and
conditions at the crime scene. The questioning will lead wayward for the interviewer who had not seen personally the crime scene and he will not be in a position to distinguish
half-truths, exaggerations of falsehood from the answers of the person being interviewed.

QUALITIES OF A GOOD INTERVIEWER

a. Rapport – It is the relation between the interviewer and the interviewee,

which is conducive to a fruitful result.

b. Forceful Personality – The appearance of the interviewer and other qualities such as skills of communication techniques or the force of his language are the
mainstays of the strength of his character.

c. Knowledge of Human Behavior

d. Conversational Tone of Voice – His tone of voice must be conversational, not confrontational as in interrogation.

e. Acting Qualities – He must possess the qualities of an actor, salesman and psychologist and know how to use the power of persuasion.

f. Humility – He must be courteous, sympathetic and humble, ready to ask

apologies for the inconvenience of the interview.

REASONS WHY WITNESSES REFUSE TO TALK

OR TESTIFY

a. Fear of Reprisal – witnesses who lack the courage to face the suspect, his associates or relatives always entertain the fear of reprisal.

b. Great Inconvenience– On the part of those of hands-to-mouth existence there is this real inconvenience, which will deprive them the time to earn for their living
especially during the ordeal of testifying during the trial.

c. Hatred Against the Police – This hatred maybe due to previous bad experience with rogue members of the police organization.

d. Bias of the Witness – The witness maybe an acquaintance, friend, helper, or benefactor of the suspect.

e. Avoidance of Publicity – There are witnesses who are shy and they shun publicity that will bring discomfort to their ordinary or obscure way of living.

f. Family Restriction – Some famous and respected families preserve their reputations by instilling to their members the need of the approval of their elders on
matters affecting their families.

THE STAGES OF HANDLING INTERVIEW

a. Preparation – The investigator should review the facts at the crime scene and information from other sources in order that he would be ready for the questioning.
A background data of the subject should be available so that he could adapt himself to the kind of approach to be employed.

b. Approach – The investigator must carefully select his kind of approach, which maybe a single kind, a combination of two or the application of all techniques.

c. Warming Up – This is done by preliminary or exploratory questions to clear the atmosphere, promote a conducive ground for cordiality, respect and trust for each
other.

d. Cognitive Interview – The subject now is asked to narrate his account without interruption, intervention or interference. It is only after the completion of the
uninterrupted narration that the investigator begins his direct and cross-examinations.

RULES IN QUESTIONING A PERSON

a. One Question at a Time – Multiple, complex and legalistic questions should be avoided. One question at a time is desired.

b. Avoid Implied Answers – The nod of the head or any other body language as a response to the questions should be avoided. The answers must be oral, clear,
explicit and responsive to the questions.

c. Simplicity of Questions – A short simple question at a time is required. If the answer needs qualification, then, it should be allowed. Avoid legalistic questions
such as: who is the murderer; or who are in conspiracy with the subject.

d. Saving Faces – Embarrassing questions on the subject on matters of exaggeration or honest errors about time, distance and description can be avoided if the
investigator will cooperate with the subject “to save his face”. The investigator should not fault or ridicule the subject on these matters.

e. Yes and No Answers – Do not ask questions which could be answered by yes or no only. It will curtail the complete flow of information and will lead to inaccuracy.

TYPES OF WITNESSES ACCORDING TO THEIR ATTITUDE

a. Know-Nothing Type – These are the reluctant type of witnesses.

b. Disinterested Type – This is the uncooperative and indifferent subject.

c. The Drunken Type – The style of questioning by the investigator should be adapted to the psychology of the subject. When the drunken subject has sobered,
another interview will be conducted, confronting him about his disclosures while in the state of drunkenness. The written statement must be taken during his sobriety.

d. Talkative Type – These are witnesses who are prone to exaggerate, adding irrelevant or new matters to their narration.
e. Honest Witnesses – These are the truthful and cooperative witnesses where the investigator could rely upon, with little or no problem in handling them.

f. Deceitful Witness – These are the liar type of witnesses.

g. Timid Witnesses – They are the shy witnesses. The approach must be friendly and reassuring confidentiality of their information. They should be hidden from the
devouring press by interviews or photo sessions.

h. Refusal to Talk Witnesses – These are the most difficult subjects to deal with. Find out the reasons of their personality. The cause maybe trauma, shock, fear,
hatred, and others. Remove these fetters of silence and they will start talking.

INTERROGATION

 Interrogation is the vigorous and confrontational questioning of a reluctant suspect about his participation in a crime. It is confrontational in the sense that the
investigator places the guilt on the accused. This process is also applied to an uncooperative or recalcitrant witness.

Purposes of Interrogation:
a. On the part of the suspect; to obtain confession or admission;
b. On the part of the uncooperative or unwilling witness, is to obtain the information he possesses.

CONFESSION DISTINGUISHED FROM ADMISSION

 Confession is the declaration of the accused acknowledging his guilt arising from
the commission of a crime.

 Admission is an acknowledgement of a fact or circumstance without accepting guilt. Guilt maybe inferred in admission. When an accused confessed to the
commission of a crime, he accepts the facts constituting the offense but if he interposes self-defense or other exculpatory grounds, then his acknowledgement is not a
confession but admission.

KINDS OF CONFESSION

1. Extra Judicial Confession – Those made by the suspect during custodial investigation. Simply explained are that those confessions are made outside of the Court.
Sec 3, Rule 133, Rules of Court – Extra judicial confession, not sufficient ground for conviction: An extra judicial confession made by an
accused, shall not be sufficient ground for conviction, unless corroborated by evidence of corpus delicti (body of the crime.)

2. Judicial Confession – Those made by the accused in open Court. The plea of guilt maybe during arraignment or any stage of the proceedings where the accused
changes his plea of not guilty to guilty.
Sec. 2, Rule 129, Rules of Court states that “Judicial Admission is made by the party in the pleadings, or in the course of the trial or other
proceedings do not require proof and cannot be contradicted unless previously shown to have been made through palpable mistake.”

KINDS OF EXTRA-JUDICIAL CONFESSION

a. Voluntary Extra-judicial Confession- The confession is voluntary when the accused speaks of his free will and accord, without inducement of any kind, with a full and complete
knowledge of the nature and the consequence of the confession.

b. Involuntary Extra-judicial Confession- Confessions obtained through force, threat, intimidation, duress or anything influencing the voluntary act of the confessor.

IMPORTANT NOTE:

Confessions obtained from the defendant by means of force or intimidation/violence is NULL AND VOID, and cannot be used against him/her in the trial.

A confession made under the influence of spiritual advice or exhortation is not admissible.

The same through as confession made under the influence of paternal sentiment is not admissible as evidence.

MIRANDA RIGHTS

 MIRANDA RIGHTS originated from the American jurisprudence. Mr. Ernesto Miranda, a Latino was accused of KIDNAPPING and RAPE in the State of Arizona. The
Arizona Police interrogated Mr. Miranda exhaustedly leading to his confession.

Based on his confession, he was charged, tried and convicted. Appeal of his
conviction was made before the Arizona Supreme Court but his conviction was affirmed. The appeal was then elevated to the US Supreme Court where there was a reversal of
the decision and he was acquitted on Constitutional grounds.

 It was in this case, entitled Miranda vs. Arizona (Ernesto Miranda versus State of Arizona, USA) that the US Supreme Court laid down the constitutional rights of
the accused during the custodial interrogation. It was incorporated in our 1973 Constitution and later in the 1987 Constitution of the Philippines. This is known as the Miranda
Rule, Doctrine, or Warning.

THE RIGHTS OF THE ACCUSED DURING CUSTODIAL INVESTIGATION

a. Right to remain silent.

b. Right to counsel of his own choice and if he has none, the government must provide one for him;

c. Right to be informed of the nature of the accusation.

These rights COULD BE VALIDLY WAIVED IN WRITING AND WITH THE ASSISTANCE OF COUNSEL in order that the ensuing confession be admissible in evidence. The
confession must also be in writing, signed and sworn to by the accused

WHAT IS CUSTODIAL INVESTIGATION?

it is the term to denote the investigation conducted by the investigator on the suspect who is under police custody. This is the stage of the investigation where
there is strict observance of the Miranda Doctrine.

THE TECHNIQUES OF INTERROGATION

A. EMOTIONAL APPEAL – This is a technique where the investigator, combining his skills of an actor and a psychologist, addresses the suspect with an emotional
appeal to confess. Devotees of a religion may belong to this type.

B. SYMPATHETIC APPROACH – The investigator, in his preliminary or probing questions must dig deep into the past troubles, plight and unfortunate events in the life
of the suspect. An offer of help, kindness, friendliness, may win his cooperation.

C. FRIENDLINESS – A friendly approach coupled with a posture of sincerity may induce the suspect to confess.

D. TRICKS AND BLUFF TECHNIQUES

(1) The Pretense of Solid Evidence against the Accused

(2) The Weakest Link
(3) Drama
 (4) Feigning Contact with Family Members
(5) The Line Up Method (Accused is lined-up among suspects)
(6) Reverse Line Up (Accused is alone and coached witnesses and victims are piled to make accusations against the accused)

E. STERN APPROACH – The investigator displays a stern (demands immediate response) personality towards the suspect by using the following methods:

 Jolting – In the questioning process, the investigator selects the right moment to shout a pertinent question in an apparent righteous outrage. The suspect’s nerves
will break to a confession.

 Opportunity to Lie – The suspect is given all the opportunities to lie. The suspect is questioned about his personal life, family, friends and his knowledge about the
complainant and witnesses. Then the suspect is questioned about his activity prior, during and after the commission of the crime.

 F. THE MUTT AND JEFF OR SWEET AND SOUR METHOD

– The first set of investigators must appear to be rough, mean and dangerous.
When they had finished the interrogation, the second investigator intervenes by
stopping the first set of investigators. By being sympathetic and understanding, he begins his interrogation. If the suspect still refuses to cooperate, then the process is repeated
until there is a confession.

 G. REMOVING THE ETHNIC OR CULTURAL BARRIER

– If the suspect is an Gaddang, an Gaddang investigator and the same should interrogate him, the same with other ethnic or cultural groups. It is the Filipino’s way
of life that we put our trust and confidence to those who belong to our clan or tribe. The interrogation must be in the language or dialect of the suspect so that we could get his
full confidence. This is removing the language barrier.

 H. SEARCHING FOR THE SOFT SPOT

– In every man’s heart, there is always that softest spot. The heart may have been hardened to steal by poverty, destitution, hopelessness, despair, apathy,
indifference, injustice, hatred or other factors, yet there is always that spot which could be discovered by the investigator thru his knowledge of human behavior. That spots
maybe the youngest child, the wife, the mother, and the brother who acted as his father, the grandparents or the best friend.

ADDITIONAL MODERN TECHNIQUES

OF INTERROGATION

a. Rationalization – It is the use of reasons, which is acceptable to the subject that led to the commission of the crime. Thus, it maybe said that sometimes, killing is a
necessity rather than by purpose or design. Robbery maybe a necessity to feed a starving family.

b. Projection – It is the process of putting the blame to other persons, not alone to the suspect. The murderer may blame the mastermind for corrupting him with big
sums of money, or the mastermind blaming the greediness of the victim or the husband blaming the wife for her infidelity.

c. Minimization – It is the act of minimizing the culpability of the suspect. The

investigator convinces the suspect that a confession will reduce the offense and the penalty. Thus, the investigator could study it if there is a way to downgrade murder to
homicide or the introduction of mitigating circumstances with the result of the penalty being within the range of probation.

THE INFORMANT
THE TYPES OF INFORMANTS
a. Anonymous Informant
b. Rival-Elimination Informant – the purpose is to eliminate the rival person or gang due to competition or other motives such as revenge, etc.

c. False Informant – Usually reveals information of no consequence or value.

d. Frightened Informant – He is prodded by fear or self-interest in giving information to the police.

e. Self-Aggrandizing Informant – This kind of informant moves around the centers of criminals, group or syndicate and delights in surprising the police about bits of
information.

f. Confidential Informant - is a person who provides the police with confidential information concerning a past crime or a projected and planned crime.

g. Mercenary Informant – The informant has information for sale.

h. Double-Crosser Informant – He uses his seeming desire to divulge information as an excuse to talk o the police in order to get more information from them more
than he gives.
i. Women Informant

MOTIVES OF INFORMANTS

a. Vanity – The motive is for self-aggrandizement by gaining favorable attention and importance by police.

b. Civic Mindedness – Those imbued with the sense of duty and obligation to assist the police in their task.

c. Fear – It is the engendered illusion of oppression from enemies or from impending dangers.

d. Repentance – Those lesser criminals such as accomplices or accessories who will have a change in heart to unburden their conscience.

THE INFORMER

CRITICAL AREAS IN THE DEPLOYMENT OF INFORMERS

a. Within the ranks of criminals and criminal syndicates

b. Associates and friends of criminals

c. Places of hang-outs of criminals such as night clubs, bars, hotels, billiard halls and other places

d. Slums and residential places where criminals have their contacts.

e. Detention Centers such as local jails and the National Bureau of Prisons. In many instances, crimes were solved by planting moles among detention prisoners in
the holding centers of investigative units and in the local jails and also in the National Bureau of Prisons, thru the agreement with prison authorities.

f. Places where criminals dispose their illegal products

INSTRUMENTATION
– it is a process of applying instruments or tools of the Police Sciences in criminal Investigation and detection (the used of Police Laboratory)
- It is the application of instruments and the laws of physical sciences in the investigation and detection of crimes and criminals. This is otherwise known as
CRIMINALISTICS.

Methods of Instrumentation:
1. Polygraph Examination or Lie Detector Test
2. Police Photography
3. Forensic Medicine
4. Forensic Chemistry and Toxicology
5. Forensic Ballistics
6. Dactyloscopy
 7. Questioned Document Examination
8. Odontology / Dental Examination
9. Forensic Psychology
10. Forensic Computer Technology

CHAPTER 7
SURVEILLANCE

SURVEILLANCE is defined as the discreet observation of persons, places and vehicles for the purpose of obtaining information concerning the identities or activities of criminals.

SURVEILLANT is the person who conducts the surveillance or performs the observations.

SUBJECT refers to a person or a group of persons, place that is being observed by a surveillant.

COVERT AND OVERT SURVEILLANCE

COVERT SURVEILLANCE is the type of surveillance, which is conducted to subject, who are unaware that they are under surveillance.

OVERT SURVEILLANCE is a surveillance conducted to subject who is aware that he is under observation.

FIXED AND MOVING SURVEILLANCE

Fixed surveillance is performed usually when surveillance is directed to a particular building or premise. The surveillant is immovable in place while observing the subject.

Moving Surveillance is performed by surveillant by foot or with the use of transportation vehicles in observing the subject.

Procedures in fixed surveillance

 Using a room in a nearby house or building = Using cameras with telephoto lens and powerful binoculars in order to get pictures of subject, visitors and activities.

 The use of devices to record the illegal activities of the subjects.

 Other surveillants may remain outdoor, posing as carpenters, plumbers, or other means of communication will coordinate their activities with those surveillants
inside their observation room.

SHADOWING AND TAILING

“SHADOWING” OR “TAILING” refers to the act of the surveillant of following his subject to detect criminal activities, to establish the association of subject, to find a
wanted person and many other purposes.
“ROPING” is a kind of undercover work wherein surveillant assumes different roles and identity inorder to obtain information.

THE METHODS OF FOOT SURVEILLANCE

1. ONE MAN SHADOW

= It is conducted by one man alone in shadowing a subject. The surveillant should establish the contacts of the subject, place visited, girl friends and confidants. In
case the subject will use the telephone booth, the shadower must feign a call at the available booth.

2. TWO-MAN SHADOW
= This is easier for the surveillants to fully cover the subject. The method allows the exchange of the positions of the shadowers inorder to avoid discovery. One
shadower will follow behind the subject and the other may either be abreast or on the opposite side of the street. Or following the first shadower.

3. THREE-MAN SHADOWER OR ABC TECHNIQUE OF SHADOWING

= The three shadowers are represented as A, B and C. A is close to the
subject and follows him at a distance depending on the pedestrian traffic. B follows A at the same distance of A to the subject. If vehicular traffic is moderate, it may be opposite
him on the other side of the street. B and C turn in occupying the position of A to prevent A from becoming familiar and noticeable figure to the subject. Pre-arranged signals are
encouraged.

QUALITIES OF A GOOD UNDERCOVER AGENT

 TEMPERAMENT = a calm, enduring and affable personality. Self-control and self-confidence are a few of his qualities,

 PHOTOGRAPHIC MEMORY = he must have a photographic memory because most often, he could not use written notes about his activities and observations. He
must also possess keen power of observation and sound judgment.

SPECIFIC TYPES OF UNDERCOVER ASSINGMENT

1. WORK ASSIGNMENT = If the agent is to be employed as janitor, he must know his work and as such he should appear as such, focusing his mentality and habit to work
assignment. He must avoid language of refinement in order that his educational
background will appear to that of a janitor.
2. SOCIAL ASSIGNMENT = These are places of amusements, such as bars, nightclubs and other places of entertainment where is subject frequents. Criminals throw a major part
of their loot to these places and he must know the hostesses who are girl friends of the criminals. He must know how to drink socially without getting drunk.

3. SUBVERSIVE ORGANIZATIONS = He must know the ideologies of the organizations in order that he could suit his philosophies and actions while inside the said organization.

4. RESIDENTIAL ASSIGNMENT = This concerns the neighborhood of the suspect where he will fit himself as a new resident without generating suspicion. His
purposes are to be friend those who could give information and possibly getting closer to the subject.

5. THE FICTITIOUS PERSONALITY = The preparation should include the fictitious background of the undercover agent. He must discard all papers and affects such as
identification cards, etc. and a new set be issued to him. The agent memorized all the details of his fictitious background.

AUTOPSY

 Autopsy came from the Greek word autopsia, meaning "seeing with your own eyes."

 AUTOPSY (Sometimes Called MEDICOLEGAL EXAMINATION)

is the process by which the PATHOLOGIST or the MEDICO LEGAL OFFICER conducts an examination on the cadaver to determine the exact cause of death. Autopsy
should be performed at once when there is the slightest reason to suspect the probability of homicide.

 After the autopsy was conducted by a medico-legal officer, a report shall be accomplished by him to stating the cause of death of the person. The document or
report made by him is called

AUTOPSY/ NECROLOGY REPORT.

 Autopsy is more detailed compared to Post Mortem Examination.

POST MORTEM EXAMINATION is the process of examination conducted by a medico-legal officer to the cadaver of person at the crime scene to find out facts that
may lead to reasons of death.

FUNDAMENTALS OF CRIMINAL INVESTIGATION

INTRODUCTION
Two (2) Main Fields of Tasks in Police Work:

1. Crime Prevention – police operation tasks through program to pre-empt the commission of any infraction or violation of law. This is known as the first defense of police work.

2. Crime Investigation – second defense of police work, when all pre-emptive programs of the organization fails, crime investigation as a function materializes to address the
violation.

Criminal Investigation is an art or process in the identification, location and collection of physical evidences through scientific means in order to establish conviction or
exoneration from an accusation in a court of law. ( O’hara & O’hara – italics supplied)

Criminal Investigation as an art or process therefore endeavors the investigator to do his tasks at his utmost with sincerity and interests to search evidence and establish facts
for an “air tight” case. As the saying goes, “the investigator is the soul of the case, because if he does his home work well, justice is served”.

It has always been said that investigation is dependent on the character of the investigator to do his homework coupled by his qualities, breadth of interest,
training and experience.

Our criminal justice system premised its resolution of cases on existing rigid laws (rule on evidence) and often the dismissal of criminal cases on grounds of
insufficiency of evidence or merely technicalities are blamed on the investigator.

Criminal jurisprudence encourages the investigators to value physical evidences – being a part of circumstantial evidence when offered in court becomes a
corroborative

This research work presents more topics on the third “I” of the three (3) tools of criminal investigation, “INSTRUMENTATION” or “CRIMINALISTICS”- a branch of
forensic science on the characterization of physical evidence. Nonetheless the other two (2) “I’s” (Information and Interview/Interrogation) are presented/discussed in a
simplified manner. It aims to elucidate how this principle proves its worth on the second mode of establishing proof of conviction or exoneration from an accusation through –
CIRCUMSTANTIAL EVIDENCE.

This piece of work is intended to guide the investigators, students and co-law enforcers but does not claim completeness and as an absolute reference, it suggests
the use of other related references.

Fundamentals of Criminal Investigation

I. Introduction - Crime or Criminal Investigation is usually initiated by personal observation or information from a citizen. The initial response is crucial to the
success of an investigation. Although it is popularly believed that cases are won or lost in court, more cases actually are lost during the first hour of the
investigation – the initial response period – than in court.

II. Criminal Investigation defined – an art or process, in the identification, location and scientific collection of evidence for court presentation to establish
conviction or exoneration.
- is the process of discovering, collecting, preparing, identifying and presenting evidence to prove the truth or falsity of an issue in law. – Because no two
crimes are identical, even if they are committed by the same person, each investigation is unique.

Why?
1. Intuition – feeling of truth, unearthed is nothing but the truth of facts
2. Felicity of Inspiration – the breadth of interest common to all, perseverance to do his tasks with consideration to humanity.
3. Chance – an occasion unknowingly to happen, opportunity at the moment

Exceptions:

a. Sec. 12, Article III of the Bill of Rights (Miranda Doctrine)

b. Republic Act No. 7438 (Custodial Rights of any arrested person)
c. Article 125 as amended by Executive Order No. 272 approved July 15, 1985
d. Sec. 2, Art. III of the Bill of Rights (rights against unreasonable searches and seizures)

a. Three (3) Fold Aims of Criminal Investigation:

1. To identify the perpetrator or culprit

2. To locate his/her whereabouts
3. Gather through scientific methods complete essential evidence to prosecute the accused.

b. Goals of Criminal Investigation: (Phases of Criminal Investigation)

1. To search or determine the facts of a criminal act;

2. Legally obtain information and evidence to remove doubts and establish that a crime has in fact been committed;
3. To gather evidences that will prove or disprove a crime.

Crime defined.
 An act or omission in violation of a public law forbidding or commanding it; an offense against the state.

 An act – dolo or deliberate intent; a misdeed

 Omission – culpa or failure to do an act; lack of skill, foresight, negligence.

 Crime = criminal intent/motive + voluntariness (free-will)

Resistance (existing valid law)

 Motives – not an element of the crime but is important to infer identity of the accused.

Example of Motives:

1. Vanity – self-conceited act of betrayal tantamount to guilt

2. Civic-mindedness – Public-spirited person of good standing in the community who is interested in seeing that justice is done.
3. Fear – A person under an illusion of oppression by enemies or of other impending danger
4. Repentance – One who has a change of heart and wishes to report a crime that is preying on his conscience.
5. Gratitude or gain – An expression of appreciation to obtain a privilege or an interest in the welfare of his family during his detention.
6. Revenge – To settle a grudge due to settle a previous injury
7. Jealousy – envious of the accomplishments or possessions of another and wishes to humiliate him.
8. Remuneration – a person who informs solely for the pecuniary or other material gain he is to receive.

Investigation – means to follow – up step-by-step by patient inquiry or observation; to examine and inquire into with care and accuracy; to find out by careful inquisition.

3. Characteristics of an Effective Investigator:

a. Intellectual Characteristics – apply technical knowledge, remain – open-minded and objective and use logic. Knowledge of the elements of crimes, investigative
techniques and willingness to work with other people.

a) Fact – an action performed, an event, a circumstance, a actual thing done

b) Inference – process of reasoning by which a fact may be deduced as logical consequence from other facts.
 c) Opinion – personal belief

b. Psychological Characteristics – emotionally well balanced, detached, inquisitive, suspecting, discerning, humble, self-disciplined and perseverant.
c. Physical Characteristics – Good health and high energy level are beneficial because the hours spent performing investigative duties can be long and demanding.

Custodial Investigation – It is the skillful questioning of a suspect or a hostile witness to divulge information concerning the crime under investigation.

4. Qualifications of a Good and Effective Investigator

C – courage/firmness/perseverance – ability to stick to work despite odds

H – honest – incorruptible and possesses fairness
I – integrity and trustworthiness
C – courteous – respects the rights of others
K – knowledge – knows what he is doing and uses his senses in the process
O – open-minded – accepts suggestions and criticisms
S – sincere – devoted and hardworking

5. How is the conviction of an accused obtained?

It is the function or duty of the Criminal Investigator to “make or unmake” the criminal case. His experience, skill, training, knowledge of the law and devotion to
the work are his armor and shield to the tiresome type of work.

He is designed to establish proof of the corpus delicti, designed from the two (2) factors of:

a. Factum Probandum – ultimate facts sought to be avoided; and

b. Factum Probans – it is the evidentiary fact by which the ultimate facts is to be established.

Our Criminal Jurisprudence allows only two (2) methods, namely:

a. Direct Testimony of Witness/es:

b. Circumstantial Evidence
How?
a. Direct Testimony requires that:

b. Circumstantial Evidence requires that it must consists two or more relevant facts or circumstances that when all are link together an inference of the identity of
the accused can be inferred.

1) Motive
2) Tracing and/or associative evidence, e.g. Latent prints, foot prints, mud, stolen properties recovered in the control and possession of the suspect, transferred
paint to the clothing of the suspect, etc.
3) Testimonies of witnesses

6. Phases of Criminal Investigation

Identity of the Accused established
1. Direct Testimony by witnesses: through the
following:
a. Verbal description
b. General Photographs
c. Rogues Gallery
d. Artist’s Sketch or cartography
2. Confession – direct acknowledgement of guilt
3. Surrender – done to any law enforcer
4. Circumstantial Evidence, like:
a. Associative or tracing evidence
b. Motive
c. Opportunity – in a better position
d. Declaration and acts indicative of guilt
e. Possession of the fruits of a crime
f. 2. Modus Operandi – method or pattern on how
the suspect or perpetrator performed the crime.
* Modus Operandi File – a form consisting of the
different information answering the five W’ and 1 H
(Cardinal principles)
Example, it answers:
a. Time of Attack
b. Classes of preyed victim
c. Interest or types of interest
d. Associates of the group
e. Method of the attack/entrance
f. Means of attack/weapons
g. Means of transportation/getaway
h. Peculiarities/physical descriptions
i. Mannerisms or Idiosyncrasies
5. Police Line – up – must be at least 7 – 10 persons
possibly of the same height, body built
6. Vanity – a self-conceited act tantamount to guilt.
Locating the whereabouts of the accused Collecting/gathering Evidences to prosecute the
accused
1. Testimony of witnesses 1. Relevancy of Evidence
- Informers – paid to give information -meaning it must be related to the incident and is
- Informants – voluntarily providing information not excluded by the rules
without any monetary consideration. 2. Crime Scene Management –
- Persons willing and ought to provide information. a. First Responder’s role
2. Surveillance – the keen observation of a place, - secure and protect
person, associates, activities and armaments. b. Proper crime scene processing
- Usually necessary in the application of a search c. Observance of the Golden Rule in Crime Scene
warrant. don’t’s at the crime scene:
* casing – observation and recording/sketching the M - mutilate
avenues of approaches of a territory especially A - alter
before conducting raids. T - touch
3. Background Investigation S - search
4. RA 4200 – Anti-wire Tapping Act. Generally, it is O – obliterate
illegal to bug unless there is a court order. Unless the crime scene has been documented
(photographed, sketched and recorded through
notes)
d. Maintaining the probative value of physical
evidences or the so called Chain of Custody of
Evidence
3. Factors on Legal Searches and Seizures
4. Must establish the linkage of the crime
scene/pieces of physical evidence with the suspect
5. Court Duties

7. The Preliminary Investigation: Basic Considerations:

a. Basis for Criminal Investigation:

1) Complaint by the offended party and witness
2) Information furnished by witnesses, informant and informers

b. Initial Response
1) Preparation/Planning – coordination, equipment, contact attached personnel
2) Weather condition, transportation
3) Security of the crime scene

c. The Point of Arrival

1) Handle emergencies first

2) Secure and protect the scene
3) Investigate – res gestae, witnesses, keen observation of the surroundings
4) Photograph surrounding to include people gathered thereat.
 c. Conduct the Preliminary Investigation
1) Measuring, photographing, videotaping and sketching the scene
2) Searching for evidence
3) Consider establishing a command center, how to deal with the media
4) Identifying, collecting, examining (field test), and processing physical evidence
5) Questioning victims, witnesses, and suspects
6) Recording all statements and observations in notes

d. Consider Assistance of Police Laboratories – Forensic Science or Criminalistics – applies physical and biological sciences and technology to examining physical
evidence.

III. The Crime Scene – the whereabouts of the Elusive Physical Evidence

a. Crime Scene – place or territorial area of an incident

b. Keen Observation of the crime scene for an Assumption/conclusion:

1) Mental Reconstruction – it is the keen/careful observation of the nature, conditions or appearance of materials and objects at the crime scene in order to infer
an assumption of what crime may have happened. Possibly, the investigator can also infer an assumption of the prior condition or situation of the place before such
events.

> Role of Reason: - a tests to the ability & decision making of the investigator

(1) Inductive Reasoning – the assumption may arose from specific situation/condition to general situation.

(2) Deductive Reasoning – the assumption may arose from general situation to specific situation.

> General Knowledge and Interests – The efficiency of an investigator is commensurate with his general knowledge. To acquire this breadth of knowledge, the investigator must
develop, not necessarily a highly intellectual capacity, BUT a keen sense of observation of persons and things because “only people commit crimes, but they invariably do so
through the medium of things.” – Atty. Diosdado Lapina.

2) Physical Reconstruction – the reconstruction of the crime scene is through the direction of an eyewitness. e.g. ocular inspection and re-enactment.

c. Documentation Processes:

1. Photography – use of camera, videocam, videotape

(a). Advantage – they can be taken immediately, accurately represent the crime scene and evidence, create interest and increase attention to testimony.
(b) Disadvantage – they are not selective, do not show actual distances, may be distorted and may be damaged by mechanical errors in shooting or processing

© Progression -
(1) Clockwise progression;
(2) From large objects to small objects
(3) Long-range or general view; medium or overview; and close-range or close up.
(d) Microphotography, laser beam photography, Ultra-violet photography
(e) Admissibility of Photographs – material, relevant, competent photographs

2. Sketches - the simplest form of documenting crime scene.

Characteristics of a good sketch:

(a) Accurately portrays the physical facts

(b) Relates to the sequence of event at the scene
(c) Establishes the precise location and relationship of objects & evidence at the scene.
(d) Helps to create a mental picture of the scene for those not present
(e) Is usually admissible in court

Kinds of Sketch:

a. Rough Sketch – the sketch prepared by the investigator at the crime scene. Known to be the original sketch because it shall be the source of the finished sketch.

b. Final Sketch – or known as the office or final sketch because it is prepared at the office purposely for court presentation. It may be prepared with the aid of a
draftsman provided it shall be under the close supervision and direction of the peace officer who initially prepared the rough sketch.

Steps in Sketching the Crime Scene

 Observe and plan

 Measure distances
 Locate objects and evidence within the outline
 Record details
 Make notes
 Identify the sketch with a legend and a scale

 Parts or elements and significance of sketch

(a) Title – identity of victim, place, time, date of incident, investigator and witnesses
(b) Time of Arrival & weather condition
(c) Compass Direction – for orientation
(d) Essential Items/Specific Details – relevant/corpus delicti
(e) Measurements – standard equipment
(f) Legend – explanation of symbols to identify objects
(g) Scale of Proportion
(h) Signature of Sketcher and witness(es)

 Surveying methods

a) Rectangular Coordinates
b) Polaris Coordinates
c) Triangulation Method
d) Transecting Base lines
e) Compass Coordinates

 Taking down notes

1) Relevant facts
2) Requisites of Notes
3) Significance or importance
 4) Report Writing
(a) Spot Reports
(b) Initial investigations
© Progress Reports
(d) Final Investigation Report

3. Notes Taking and Reports – investigative notes are permanent written record of the facts of a case to be used in further investigation, in writing reports and in
prosecuting the case. Record all information that helps to answer the questions: Who? What? Where? When? How? And Why?

 Write notes – briefly but complete, legibly, accurately, specifically, factual, clear and abbreviated notes that are understandable to others.
 Original notes are legally advisable in court, and officers may use them to refresh their memories. Officers should take to court only those notes that
pertain to the particular case.

 Steps in Report Writing: (GROWE)

(a) Gather the facts; investigate, interview and interrogate

(b) Records the facts immediately: take notes
(c) Organize the facts
(d) Write the report
(e) Evaluate the report: edit and proofread; revise if necessary.

 Types of Reports:

(a) Initial or Preliminary Report

(b) Supplemental or progress report
(c) Closing or final report
Note: Consider the significance of computer sets.

IV. Identifying and Arresting Suspects

Arrest – the taking of a person into custody in the manner authorized by law for the purpose of presenting that person before the court to answer for the commission of a crime.

a. Police Officers are authorized to make an arrest:

1. For any crime committed in their presence

2. For a felony not committed in their presence if they have personal knowledge to believe the person committed the crime.
3. Under the authority of an arrest warrant
4. Other lawful circumstances provided by law.

Nightcap Provision – As a general Arrest Warrants shall be enforce during day time, however, when the court endorses the warrant with a written statement that the arrest may
be made at night, this is commonly referred to as nightcap provision.

Reasonable Force – is the amount of force a prudent person would use in similar circumstances.

b. Off-duty Arrest

Elements: 1. Be within the legal jurisdiction of their agency

2. Not be personally involved
3. Perceive an immediate need for preventing a crime or arresting a
suspect
4. Possess the proper identification

Field Identification - is on the scene identification of a suspect by the victim of or witnesses to a crime. Field Identification must be made within minutes after the
commission of the crime.

c. Developing a Suspect

1. Information provided by victims, witnesses and other persons likely to know about the crime.
a. Mug Shots
b. Cartography or Artist Sketch or Portrait Parle
c. Rogues Gallery

2. Physical evidence left at the crime scene

3. Psychological profiling – which attempts to identify the individual’s mental, emotional and psychological characteristics.
4. Information in police files
5. Information in the files of other agencies
6. Informants – source of information voluntarily given
7. Modus Operandi Information
8. Tracking – traces or leads to establish direction
9. Line-up Identification – seven (7) to ten (10) persons – Suspects have the right to an attorney during police line – up.

d. Surveillances, Undercover Assignments and Raids

Surveillance – is the covert, discreet observation of people and places for the purpose of obtaining information concerning the identities or activities of subjects.

 Log – chronological records of activities that took place in the establishment under surveillance.

Surveillant – is the plainclothes investigator assigned to make the observation.

Subject – is who or what is observed. It can be a person, place, property, vehicle, group of people, organization or object.

Methods of Surveillance:

1. Stationary Surveillance – also referred to as Fixed and Stakeout Surveillance – is used when you know or suspect that a person is at or will come to a known location when
you suspect that stolen goods are to be dropped or when informants have told you that a crime is going to be committed.

2. Moving Surveillance or Shadowing or tailing – simply the act of following a person.

Forms :

a. Loose tail – employed where a general impression of the subject’s habits

and associates is required.
b. Rough Shadowing – employed without special precautions, the criminal maybe aware of the surveillance; employed also when the subject is a material witness
and must be protected from harm or other undesirable influences.
c. Close tail – extreme precautions are taken against losing the subject is employed where constant surveillance is necessary.

3. Convoy – a guard employed by the subject who stays at a reasonable distance to watch or safeguard his back against an enemy.
4. Wire Tapping or bugging – electronic surveillance by tapping a subject’s telephone..

5. Undercover Assignments or Roping – form of investigation in which the investigator assumes a different and unofficial identity in order to obtain information.

Selling Crimes – are illegal activities such as drugs, alcohol, pornographic literature, stolen goods, frauds, contraband, or black market operations.

6. Entrapment – is the conception and planning of an offense by an officer, and his procurement of its commission by one who would not have perpetrated it except for the
trickery, persuasion or fraud of the officer. The criminal conduct was a mere “product of the creative activity,” of the officer.

e. R a i d s - is a planned, organized operation based on the element of surprise. The objectives of a raid are to recover stolen property, seize evidence or arrest a
suspect. A raid must be the result of a hot pursuit or under the authority of a no-knock arrest or search warrant.

Precautions in Conducting Raids:

1. Ensure that the raid is legal

2. Plan carefully
3. Assign adequate personnel and equipment
4. Thoroughly brief every member of the raiding party.

1. Arrest, Raid, Search and Seizure

A. Arrest – is the taking of a person into custody

1. Who are exempt from arrest?

2. Duty of Arresting Officer
3. Techniques in Making Arrest

a) Initial contact
(1) Investigator identifies himself
(2) Inform subject is under arrest
(3) Aware/alert subject maybe dangerous

b) Investigator’s/operative’s conduct
(1) Be natural and pleasant but forceful and aggressive
(2) Dominate the situation
(3) Voice must command authority
(4) Demand prompt and absolute obedience
(5) Avoid profane language

c) Methods of Arrest With Warrant

(1) Inform the person to be arrested of the cause of arrest
(2) That an arrest has been issued
(3) During the arrest, the copy of the warrant may not be in custody
(4) The copy of the warrant maybe shown thereafter

d) Without Warrant
(1)Arresting officer shall inform the person to be arrested his authority and cause of arrest
(2) Except under those instances so mentioned by law, where necessary action or force shall be employed.

4. Life of a Warrant of Arrest:

a. Shall be valid and enforceable until named person is arrested
b. Until recalled or revoked by the issuing court

5. When Arrest May be Legally Effected/ Lawful Warrantless Arrest

1. Flagrante Delicto
2. Hot Pursuit Principle
3. Arrested prisoner escapes
4. Escaped prisoner
5. Arrest made by a bondsman for the purpose to surrender
6. Accused was released on bail and attempts to abscond
7. Violation of conditional pardon

6. Who may execute arrest?

7. How to effect Arrest
1. Actual restraint
2. Submission to the custody of the person making the arrest
3. No unnecessary force or violence
8. Territorial Effectivity of a Warrant of Arrest
9. Duty of Person Making an Arrest Without Warrant
10. Periods Within Which Person Arrested Without Warrant Should be Charged in the Proper Forum (Art. 125, RPC as amended by Executive Order 272).
11. Right of Attorney or Relative to Visit Person Arrested
12. Medical Examination of Arrested Person
13. Summoning Assistance for the Arrest
14. Right of a Person Arrested ( RA No. 7438)

B. Search – is an examination of an individual’s person, house, papers or effects, or other buildings and premises to discover contraband or some evidence of guilt to be used in
the prosecution of a criminal action.

1. Search Warrant – is an order in writing issued in the name of the People of the Philippines, signed by a Judge and directed to a peace officer, commanding him to
search for personal property described therein and to bring it before the court.

2. Personal Property to be Seized

a) Property subject of the offense

b) Property stolen or embezzled and other fruits of the crime
c) Property used or intended to be used for committing an offense

3. Probable Cause Required for a Search Warrant

Probable Cause – Those sufficient facts to convince the judge that circumstances sufficiently exist to establish the need for the issuance of the warrant.
4. May things illegally Seized be admitted in evidence?
5. May articles Not mentioned in the Search Warrant be Seized?
6. How to serve a Search Warrant?

a) Served or executed within ten (10) days

b) Search the place identified or mentioned in the warrant
c) Search be made at daytime unless otherwise stated
d) Searching the place must be with two (2) witnesses
 e) Searching officer must issue a detailed receipt of the items seized
f) Issue certification of property seized
g) Deliver immediately the things or property seized to the judge who issued the warrant, together with an inventory duly verified under oath.

7. Lawful Warrantless Searches and Seizures

a) There is a consent or waiver

b) Seized in “Plain view”
c) Customs search
d) Search of a moving vehicle
e) Border Check points or in the interest of national security
f) Stop-and- search or stop-and-frisk search
g) Search incidental to a lawful arrest

8. Types of Searches

a) Wall Search – place the subject in a “off-balance” position, recommended

b) Standing Search – Subject’s hands are raised, not recommended
c) Kneeling Position – subject kneels
d) Prone Search – subject lies on his stomach

b. Raid – is a surprise invasion of a building or area. It is a small-scale attack of a limited territory.

1. Objectives:
a) Effect an apprehension
b) Obtain evidence of illegal activity by surprising the offenders in flagrante delicto
c) Recover stolen property

2. Factors Affecting Success or Effectiveness of a Raid

a) Size of the raiding party
b) Speed
c) Surprise
d) Superiority of arms
e) Simplicity of plan and operation

c. Seizure – to take into custody or confiscate personal properties such as:

a) Weapons which may be used against the raiding party
b) Articles which might be used as a means of suicide
c) Articles which might be used in escaping
d) Articles which might be used in the commission of a crime
e) Proceeds or fruits of the crime
f) Illicit articles must be seized
g) Non-contraband must be returned to the owner

Summary: Professor to simplify the General Principles.

FIRST RESPONDER’S ROLE

RATIONALE:

The crime scene provides the intelligent and careful investigator leads of any type of offenses committed and therefore it should be protected and secured from
any disturbances; this however, shall not preclude victims from being retrieve for immediate medical attention. In these instances, careful procedures must be observed and
disturbances in the retrieval operation cannot be discarded or avoided but it should be limited to the instance or situation as required.

Role of the First Responder:

Securing the crime scene is a major responsibility of the first officer to arrive. Everything of a non-emergency nature is delayed until the scene is protected.

At outdoor scenes, crime scene physical evidence must be protected from:

1. Weather condition such as: heat, wind, rain, snow or sleet.

2. Passersby or “kibitzers” to include relatives of victims.
3. Astray animals

Any police officer who first arrives at the crime scene shall endeavor to protect
and secure the same as follows:

a. Cordon off the crime scene with whatever available materials like ropes, straws, human barricade, police line if available, etc.
b. Evacuate injured persons to the nearest hospital or clinic;
c. Prepare to take the dying declaration of severely injured person, if any;
d. Explain to people gathered around the significance of protecting the crime scene and possibly securing the physical evidences;
e. Prevent entry/exit of persons within the cordoned area; and
f. Prepare to brief the investigators of the situation upon their arrival.

Methods of Protecting the Crime Scene:

1. Locking a door to a room or building

2. Roping or barricading the compound or area
3. The crime scene must be marked with a vulnerable marking, “DO NOT ENTER”
4. To detail guards or security using persons. (List down their names, addresses and contact numbers ; later when the Preliminary investigation by investigators have been done,
relieve and thank them for a job well done.)

Question: Can the first responder photograph the crime scene and possibly vulnerable pieces of evidence?
Answer: He can, provided his main responsibility of protecting and securing the crime scene is insured.

Question: Can the investigator direct somebody to take the photographs?

Answer: It must be on case on case basis. To instruct somebody to take photographs is a serious matter. If the person instructed is not well verse to security measures, it is
difficult. Considerations must prevail, there are private persons knowledgeable of the procedures, even though the produced photographs for its admissibility shall be
dependent of the ability and qualification of the photographer not the first responder.

INTRODUCTION TO FORENSIC SCIENCE

THE PNP CRIMINALISTICS LABORATORY

A. FUNCTIONS OF THE CRIME LABORATORY

 1. Undertakes all Medico-legal Services
2. Performs Firearms Identifications
3. Performs Fingerprint Examinations
4. Modern Forensic Photography Services
5. Identifies Evidence through Physical and Chemical Identification Methods
6. Performs Polygraph Examination
7. Performs Document Examinations
8. Conduct Forensic Training to provide Police Investigative Agencies with technically trained personnel
9. Appears and Testifies before the Courts of Justice as Expert Witness
10. Performs other related functions as directed by higher Headquarters

B. MAIN DIVISIONS OF CRIMINALISTICS

1. Three (3) Scientific Divisions – subjects require the study of science and mathematics before practical training in the laboratory, namely:

a. Chemistry
b. Physics or Physical Identification
c. Biological Science or Medico-legal

2. Three (5) Technical Divisions –

a. Questioned Document
b. Firearms Identification
c. Latent or Fingerprint Examination
d. Forensic Photography
e. Lie Detection or Polygraph

CHEMISTRY DIVISION

The tasks include alcohol analysis, toxicology, narcotics testing, firearms discharge residues (GPR), paraffin cast, identification of paint chips, chemical development
of latent prints, and all types of analysis that use electronic instruments.

1) The Chemist’s Job

a. The analysis on contact traces

b. The comparison of materials found in the possession of a suspected their with control materials from the scene of the theft incident
c. The proof of fraud or false pretenses
d. Toxicology or the isolation and identification of poisons
e. The comparison of drugs of addiction
f. The identification of substances used in attempts to produce abortion
g. The absolute determination of alcohol in body fluids from allegedly intoxicated motorists
h. The identification of explosives used in safe-blowing and bomb outrages
i. The investigation of malicious damage with chemicals
j. The investigation of water pollution
k. The extraction and identification of fire raising materials from debris taken from scenes of fire
l. The restoration of erased, identification of numbers or stolen property usually by suitable etching techniques
m. The examination of counterfeits coins
n. The analysis of inks and papers used in disputed documents.

2) The Blood Alcohol Analysis

3) Toxicology – is the study of poisons and their action on the living organism. It is a very complex science that is divided into two (2) areas:

PHYSICS OR PHYSICAL IDENTIFICATION

Trace analysis involves the examination, identification and evaluation of numerous types of physical evidence collected in criminal investigations. The studies
conducted by this unit would include the microscopic examination of slides taken from rape victims during the pelvic examination conducted by a physician. The microscopic
examination and comparison of fibers, hair, tool marks, pry marks and wood chips are other examples of the studies conducted in this unit. The shoe and tire prints and imprints
obtained at crime scenes by investigators or criminalists, as well as soil samples, debris, paint, glass and plastic fragments collected during the investigation.

BIOLOGICAL OR MEDICO-LEGAL DIVISION

a. Serology – Conducts all ABO typing of blood, semen and other body fluids.

> Tests for Presence of Blood

1) Presumptive Test (Benzidine TMB Reagent) – It does not establish the presence of blood; it is used as a screening test to determine if a stain may be blood; if
not eliminate suspicion of the stain.

2) Confirmatory test (Hemin) – This is used to determine the presence of hemoglobin in a suspected blood stain.

3) Biological Perciptin ( Ring Perciptin) – This test is used to establish the

origin of the blood stain as to species, human or animal; and if animal, what kind : dog, cat, hog, chicken, etc.

4) Blood grouping – Blood grouping test will establish which of the four major groups a stain belongs in (i.e., O, A, B, or AB). Blood groupings involve the agglutination, or
clumping, of erythrocytes (red blood cells).

b. Tests for Presence of Semen

 Preliminary Test (Florence) – This test is used to determine the presence of choline. Seminal plasma is one of the richest sources of choline. A strong positive
reaction indicates the stain may contain semen, though this is not a specific test as a positive reaction may also be produced by tissue extracts.

 Confirmatory Test (Microscopic Examination) – The conclusive identification of a stain as semen depends on the presence of male reproductive cells
(spermatozoa) in the stain. This is determined by microscope examination of the stain.

c) Toxicological Analysis – of human body fluids and organs, including pathological studies of tissue to aid in determining the cause of death, is normally a responsibility of the
coroner or medical examiner.

QUESTIONED DOCUMENT DIVISION

Functions:
a. Conduct comparison and examination of forged, altered or questioned documents
b. Examines and compares handwriting exemplars (samples) with handwriting on questioned documents
c. Exemplars made on typewriters and check protectors for comparison with questioned documents
d. Restores or deciphers altered, obliterated or erased writing
e. Physical matching of cut or torn paper of various types
f. Examine and compare forged documents such as:
FIREARMS IDENTIFICATION DIVISION

This Division conducts firearms identification examinations, comparisons of firearms and bullets, studies to determine trigger pull, operation of safety devices,
alteration or modification of weapons or any condition of the weapon that might cause accidental fire or make it unsafe.

Functions

1) Test firing of all firearms

2) Comparisons of bullets and cartridge casings to evidence guns
3) Securing all firearms
4) Restoration of Serial Numbers
5) Clothing analysis for gunshot evidence
6) Analysis of any firearms-related evidence

LATENT OR FINGERPRINT EXAMINATION DIVISION

It provides the field investigators with the following services:

1) Searches for, develops, photographs, and lifts latent prints at the scene of investigation
2) Compares suspect’s prints with latent prints obtained from crime scenes
3) Takes plaster casts of footprints, tire tracks, etc.
4) Conducts fingerprint examination of various items of evidence (e.g. guns and other weapons, papers, glass, metal, etc.)
5) A service available to investigators is a computer terminal that records fingerprints electronically, without ink or smudges.

FORENSIC PHOTOGRAPHY DIVISON

Through the use of Forensic Photography, many items of physical evidence, that are the prime incriminating factors in cases, are graphically depicted.

Services Performed

a. Crime scene documentation and recording

b. Physical evidence still photography and videotaping
c. Infrared, ultraviolet and infrared-luminescent photographic examination
d. Trace evidence photography
e. Aerial photography
f. Image enhancement techniques
g. Specialized identification and surveillance photography
h. Crime reconstruction, re-enactment, etc. via motion picture or videotape procedures
i. A new forensic camera contained in a brief case that captures images and transmit them to a remote television via microwaves.

POLYGRAPH DIVISION

Instrumental in the detection of deception. There is no instrument that detects lies. The instrument commonly called a lie detector is actually a scientific diagnostic
instrument (similar to the electrocardiography) and is referred to in many police circles as the polygraph.

C. THE SOCO - SCENE OF CRIME OPERATION

Pieces of physical evidence are always present in a crime and this can be proven by the “rolling of sleeves” attitude of an investigator. Physical evidence recovered
in the crime scene is critical in the prosecution of the case in court. With the advent of new technologies or science, the probative value of physical evidence or “corpus delicti”
of a crime, analyzed scientifically has gained their admissibility before our courts.

Thus, the Scene of Crime Operation was conceived to possibly address these problems. The idea of enhancing scene of crime operation was conceived in the last
quarter of 1995 by the PNP Crime Laboratory to address these deficiencies and to assist police investigators in terms of scientific approaches in investigating criminal cases,
especially heinous crimes. The PNP Crime Laboratory has acquired new and modern equipment to boost its capabilities in scientific investigation

A. OBJECTIVES OF SOCO

1) To conceptualize (introduce/build in their minds) the Crime Laboratory

SOCO in the PNP Organization.
2) To orient and guide field investigators in the importance of SOCO in
scientific investigation of criminal incidents.
3) To assist investigators in the speedy solution of criminal cases
especially heinous ones through the proper processing of the crime scene.
4) To institute a clear cut delineation of duties and functions among
investigators of different operating units and the SOCO to deter overlapping and duplication of functions and to avoid passing the bulk attitude in case of dismissal of criminal
cases by the trial courts.

B. CASES TO BE INVESTIGATED BY THE SOCO

Not all crime incidents are for Scene of Crime Operation. The necessity of the technical expertise applies only to heinous crimes where careful scrutiny is necessary
more so when the investigator is faced with a blank wall. The field investigators through the statement of witnesses and related collected pieces of physical evidence can handle
light offenses. This now shows the importance of SOCO why it is involved only on heinous crimes. These crimes are:
a. Murder
b. Homicide
c. Robbery with force upon things
d. Rape with Homicide
e. Arson
f. Other heinous and/or sensational cases as required and directed by higher Headquarters.

C. COMPOSITION OF THE SOCO TEAM

Each SOCO Team shall be composed of, but not limited to the following, depending on the nature of the case:

1. Team Leader
2. Assistant Team Leader
3. Photographer and photographic Log Recorder
4. Sketcher/Measurer
5. Evidence Recorder/Custodian
6. Evidence Recovery Personnel
7. Driver/Security

What are the why’s and wherefores of Investigation?

The graphic design in the form of a question mark did not originate from a sudden blaze of ingenuity, but emerged from a long and patient mental gymnastics on
how to transform the idea, that can guide the investigator in the marketplace of reality.
 At the crime scene, the investigator stands majestically, which gives rise to extravagant expectation by the aggrieved party that justice will prevail. However, when
he fails to solve the case, it could cause disenchantment not only to the victim but to the organization as a whole. Like any mortal, the investigator is not infallible. As a
man of flesh, he is susceptible to succumb to mental exhaustion and physical fatigue.

Thus, the salient feature of the investigation is overlooked and the real issue becomes obscured and sometimes wantonly sullied. Hence, the investigator must be
reminded that his role begins from the gestation stage of investigation and only ends either in the conviction of the accused or absolution of the innocent.

PROCEDURES:

1. Arrival at the Crime Scene. - Establish preparation, complete equipment apparatus, companions, how were you able to arrive at crime scene, how fast and the
time, date and weather condition upon arrival at scene of crime. Purpose: Enlighten the court the difference between table investigation and actual crime scene
investigation. What is its significance in court litigation.

2. Evaluation of the Crime Scene. - Your assessment of the crime scene, was there destruction, is the crime scene in its original state? Was the condition recorded?
Were there any technical personalities involved?

3. Protection of the Crime Scene. - Cordoning the are, who were the persons allowed, how were the evidences protected and preserved? How was the crime scene
released?

4. Note-staking. - All relevant information. What is its significance in the future.

5. Photographing the Crime Scene. - What were photographed? Who took them? Know the parts and other related information about camera. Significant legal
requirements of photographs.

6. Sketching. - Legal requirements of sketch. Is it accurate?

7. Searching. - Method used in the search. Equipment used and how was the procedure observed.

Locard Principle, “Whenever two things touch each other, there is always a transfer of material from one to the other. Any contact between the criminal and the
victim or the crime scene will leave trace evidence on both”.

Jones Principle, “A number of individual similarities that are each of low evidentiary value, yet which all point to the same conclusion, can be just as important
evidence as a fingerprint.”

8. Collection of Evidence.- Basic tools used. How was the crime scene processed? (Photograph, Sketch, measured in relation to points of reference). Was there
adequate evidence samples?

9. Preservation of Evidence.- Each piece of evidence in a separate container with markings and properly sealed or covered

10. Verbal Interrogation. - Questioning of witness/es, person around (include policeman) and suspect/s. Observed the legal requirements and if possible segregating
witnesses.

11. Written Interrogation. - Constitutional Rights, basic format of affidavits or statements, witnesses and environment of investigation room.

12. Technical analysis.- All pieces of evidence transmitted to proper agencies/units, “chain of custody of evidence”, and the results furnished to the investigating
agency.

13. Inter-agency linkages. - Coordination and contact with other agencies. “Need to know policy.”

14. Investigation Report. - Initial, Progress and Final Investigation Reports.

15. Filing of Complaint. - Was there a prima-facie case established?

16. Prosecution.- Presence of conclusive evidence and quantum of proof

17. Court Trial. - Subpoena was received. Properly groomed and in uniform. Preparedness to testify in court.

18. Final Verdict.- Conviction or exoneration

To investigators, only the learned with facts and figures can survive the battle of nerve in judicial activism.

THE M-FACTOR

ACCORDING TO VOLLMER, “The police should possess the wisdom of Solomon, the kindness of Job; the leadership of Moses, the strategy of Alexander, the great
faith of David, the diplomacy of Lincoln and the reliance of the carpenter of Nazareth. “But this is an “Utopian” dream; an impossible dream, but an obtainable
obsession, if an investigator possesses these attributes, then there will be no perfect crime.

The M-Factor is a metaphysical characteristic. It can be developed and internalized through years of enculturation. In effect, it affixes an indelible
mark of quality to the investigator; manifested when he can managed time and resources, personal deportment, facility of language and novel approach in solving
crimes.

These vital nutrients of M-Factor indispensable to the moral nourishment of the investigator are:

a. MANAGERSHIP.- managerial skill, able to demonstrate manager ship of risks to stand what is right. As the wisest among the philosophers said, “ Only
the dead have seen the end war”.

b. ABILITY.- It is the sum of total of skills and exceptional degree of competence in the investigative domain.

c. CHARISMA.- it is a special magnetic personality and charm; on obsession of many but the natural gift of a few. Charisma implies simplicity of words,
action and deportment of the investigators, which have natural attraction for people.
d. ADAPTABILITY.- Rare traits that brings one’s act, behavior or mental state in harmony with his environment. A conveniently ableness to adjust to all
seasons and reasons of man. Thus, the adaptable investigator never finds himself” a square peg in a round hole”.

e. SINCERITY.- An abstract value and attribute marked with genuineness of spirit, strict adherence to promise and supreme honesty in the true calling of
the police profession. It denotes sensitivity to the needy and sufferings of crime victims.

f. INTEGRITY.- In any position of respectability where trust and fidelity are sine qua non, integrity stands at the apex of the hierarchical pyramid of
values. For integrity cannot be earned overnight. It is the fruit reaped through years of dedicated zeal and forbearance. As articulated by a learned
justice, in the case entitled Gatchitorena vs Almeda, “Public office gains continuing prestige as long as the men occupying the position are
courageous, upright and immune to doubt, suspicion and corruption.”

g. ACCURACY.- Many investigation reports which lack theoretical clarity are usually drowned in cosmetic verbiage and ended in colossal blunder during
litigation.

h. NEUTRALITY.- Impartially from barriers

 i. OPTIMISM- it is the unseen thread of moral fabric that clothes the investigator with vigor when the solution of the crimes is seemingly bleak and
blank. Confronted with these discouraging set of facts, optimism now becomes the only key that can savor the savvy of the beleaguered investigator
to hope against hope. It is this intrinsic quality of M-Factor that inspires his confidence and emboldens his spirit to prove the dictum. “There is no
perfect crime”.

CONCLUSION:

Today, by reason of contrived climate of prejudice, the investigator has seemingly sunk into the depths of decadence through sheer arrogance,
brutality, corruptibility and incompetence. No amount of cosmetic surgery can hide this ugly truth. If unabated, these will further effect the distancing of the
police and the masses.

Amidst such apparent public alienation, can the investigator rise against this societal conflict and panacea? This is now the challenge addressed to the
police administrators- to produce a new breed of investigator, the genesis of a total investigator. The world of investigation is not for the weak of mind, but
for the stout of heart. The M-Factor, therefore, is an abstract badge of honor of the investigator that should be worn proudly.

THE CARDINAL SINS IN CRIMIMALISTICS

It is difficult to educate investigators with perceived basis between what the preachers preach and how to depart from the cocoon of status quo. This
only lay credence to the century-old adage that “wolf only change its furs, but not his habits.”
When value clash, it is only the lazy mince who finds it easy to take sides and to untie the knot with ease, but not the visionary nor the learned. This is
the thrust of this writing, to cross the information highway of Criminalistics and to jog along its global avenue and not just stroll its barriotic lane. Without
this vision, we shall woke-up one morning, to find the streets littered with trails of blood and marble of crosses.

Said it all by common experience and observation, the ten most notorious inadvertence of investigators that refuses to submerge from the ocean
floors of errors, are:

1. That Criminalistics is only for the Criminalists and not to the investigator.
Today, Criminalistics is now a towering monument in the landscape of investigation. It becomes the cornerstone and citadel of investigator as
treasure house of science for bridging crimes to criminals thousand miles apart.

2. That in the absence of witness solution is nil. Finding no evidence or witness should not be viewed as hopeless, but as a challenge. For there is no
perfect crime only imperfect investigators.

3. That there is no crime in the absence of corpus delicti. Is this correct? This conclusion is an indicia that one is suffering from legal vacuity. It is a sin to
prejudice without basis in fact and in law. Literally, corpus delicti means the body of the crime but that is not all, pieces of physical evidence are
included.

4. That length of service is not a guarantee for excellence. A tree does not make a forest, nor swallow a summer, neither a man is an island. This
egocentric syndrome is detestable for it is tantamount to a sin of mental dishonesty. “Seniority could mean senility.” How many cases were dismissed
due to scientific malnutrition on criminalistics is too deafening to be ignored.

5. That grandstanding and showmanship be tabooed.- It is the fundamental rule, that all gathered evidence should be handled with care, to protect its
evidentiary value against erosion form elements from the time of retrieval to the laboratory.

6. That premature determination of offense committed.- Wounds per se without criminalistics findings can not determine the nature of the crime
committed. This premature conclusion is the common sin of homicide investigator, especially on victims of gunshot wounds.

7. That only medico-legal officers can attest to the cause of death.

8. That suspect’s premature arrest frown-upon with disfavor.- The temptation to name names due to public pressure at the expense of the innocent is
unpardonable sin.

9. That criminalistics and investigators are inseparable partners in investigation.- It complements and supplements each other.

10. That only truth and not truth decay- Truth is non-negotiable statement, for it is a sin to lie. But how many investigators fall-prey to the onerous
pressure from the sit of power and blinded by the sparkle of worldly wealth and were forced to weave the unpardonable lie, is reeking with
extravagant truth, but difficult to reverse..

CRIME SCENE SEARCH AND MANAGEMENT

RATIONALE:

Luminaries in the field of criminal investigation have always advocated the principle that a crime scene will always give leads to the identity of the perpetrator of a
crime; pieces of evidence found at the crime scene will link or tie perpetrators to the crime. It is evident therefore, that approaches in crime scene search methods and
investigative procedures in its management must be carefully observed and practiced. Testimonies can hardly stand alone in the absence of corroborating evidence such as
object or real evidences.

CONCEPT:

The processing of a crime scene requires careful analysis, collection, handling, and preservation of pieces of evidence. The availability of the different strategies in
processing a crime scene calls for case to case basis principle, hence, proper management techniques in order not to defeat the very purpose of investigation must be done.

1. Crime Scene Search Methods:

Search – is an examination of a person’s house or other buildings or premises or of the person for the purpose of discovering contraband or illicit or stolen property or some
evidence of guilt to be used in prosecuting a criminal action with which a person is charged.

2. Consider the following:

1. Sec. 2, Art. III, 1987 Philippine Constitution

2. Legal Requirements for a Search:

(a) A search warrant has been issued – specify place and things to be searched. General and Scatted Search Warrants are inadmissible.

> Plain Feel/Touch Evidence or “Pat-down Searches” – the plain feel exception is a legitimate extension of the plain view doctrine.

(b) Consent is given or waiver of search

© The search is incidental to a lawful arrest/search following an arrest – protective search.
(d) An emergency exist – a warrantless search in the absence of a lawful arrest or consent is justified only in emergencies where probable cause exists and the
search must be conducted immediately, e.g., danger to life, escape (moving vehicles), and destruction or removal of evidence.
(e) Plain view Search/evidence – unconcealed evidence seen accidentally by an officer engaged in a lawful activity.

3. Related Precautionary Measures:

a. Exclusionary Rule – established that courts may not accept evidence that was obtained by unreasonable search and seizure, regardless of its relevance to the
case.
 b. Fruits of a Poisonous Tree Doctrine – established that evidence obtained as a result of an earlier illegality must be excluded from trial.

c. Good Faith Doctrine – established that illegally obtained evidence may be admissible if the police were truly not aware that they were violating the suspect’s
constitutional rights.

Note: After search – detailed inventory receipts, copy of which shall be furnished to the owner.

d. Crime Scene Search – a successful crime-scene search locates, identifies and preserves all evidence present.

Crime Scene evidence is intended to:

a. Establish that a crime was committed and what the specific crime was;
b. Establish when the crime was committed
c. Identify who committed the crime
d. Explain how the crime was committed
e. Suggest why the crime was committed

4. Organizing the Crime-Scene Search = Organizing a search includes dividing the duties, selecting a search pattern, assigning personnel and equipment and giving instructions.

a. Selection of a Search Method: To insure a thorough and complete inspection for possible evidence. A systematic method of searching the area surrounding the
crime scene must be employed. The particular method employed will be dictated by the following factors:

1) Locale: - The location of the scene will influence the method of search to be used.
(a) Building Searches – always think of safeties. The greatest concern will be adequately sorting evidence from non-evidence.
(b) Outdoor Areas: - Weather and deteriorating light may necessitate a more rapid search when crime scene is outdoors. Outdoor areas maybe difficult to mark
off, since there are often few natural boundaries. Trace evidence (e.g. dust, hair, fibers) is exceedingly difficult to retrieve due to obstructions from vegetation or the wind.
(c) Vehicle Searches – Upholstery and carpet materials provide a fruitful source of trace evidence in vehicle searches. First search the area around the vehicle and
the exterior. Finally, search the interior along one side from front to back, and then return along the other side to the front.

2) Number of personnel available – the more persons available to process a crime scene, the more rapidly the search can be conducted.

3) Types of Objects Sought – The type and size of the objects sought at a scene affect the form of search. Larger objects are more rapidly observed and require less
time and personnel unlike in minute objects like fibers, prints, etc.

4) Speed Desired – Appropriate time is required considering the nature and kind of evidence that will be recognized and collected.

b. Search Patterns or methods – it shall be dependent on personnel available, time limits imposed by weather, lighting conditions, terrain and other circumstances
to consider.

1) Strip Method – It consists of processing the area by walking back and forth, viewing an approximately three to four-strip with each pass. As one strip is
completed, the investigator moves to the next parallel strip. If several searchers are used, they walk side by side in processing the crime scene.

Advantages: - There are two (2) basic advantages:

a. They are simple and thorough; and
b. They are flexible enough to accommodate one or more searchers.

Disadvantages:
a. The method may be difficult to utilize over rugged terrain, or where the crime scene is ill-defined;
b. The method is potentially inefficient, because that fact that most scene have a major point of impact (e.g. the body in a homicide case) around which the bulk of
the evidence is likely to e found.

2) Grid Search Method – It consists of two strip searches conducted over the same area at right angles to one another.

Advantage: Grid search in the area place a premium on thoroughness, since each spot in the area is examined twice.

Disadvantages:
a. The search takes twice as long as a strip search; and
b. Objects found on the second pass may actually have been left by the searchers on the first pass.

3) Spiral Search Method – A clockwise circle is begun at the major impact point of the scene and the searcher circles that point at an ever increasing radius.

Advantages:
a. The impact point of the scene is the focal point of investigation; and
b. The boundaries of the relevant search are more easily defined, since the investigator will eventually reach a point when no more evidence is being discovered.

Disadvantages:
a. In order to reach the point of impact, the investigator must track across (and eventually contaminate) a portion of the crime scene;
b. The point of impact is not always at the geographic center of the crime scene; and
c. The spiral method cannot easily be used with multiple searchers.

4) Zone or Quadrant Method - The area to be searched is divided into unit zones and each unit is then processed individually as a separate crime scene

Advantages:
a. A zone search aids in organizing a large or complex crime scene;
b. Numerous personnel can be used without getting in each other’s way.

Disadvantages:
a. A zone search can be used only when the crime scene permits a sub-dividing; and
b. If used too often, supervision and coordination of the units may be difficult.

5) Wheel (Inward or Outward) Search – It is the least effective, particularly in a large area. The tendency is to concentrate on the center and hence, to miss the
evidence to the outside.
* Techniques in searching:

1) Exterior Search: = lanes, concentric, strip or zones

2) Interior Search: = progresses from general to specific, usually in a circular form/patter, covering all surfaces of the search area. The floor should be
searched first.
c. Suspect Searches – if arrested – conduct complete body search for weapons and evidence; if not arrested, confine search to a “patdown” or frisk for weapons.
d. Dead body search – personal identification.
e. Use of Dog Search – trained sniffing dogs like K-9, etc.

5. Physical Evidence – objects or materials searched, identified and collected at the crime scene significant and relevant to a particular incident or event. It is anything real or
material – it has substance – that helps to establish the facts of the case. They are referred to as:

a. Trace Evidence. Direct evidence establishes proof of a fact without any other evidence.
b. Evidence established by law is called Prima-facie Evidence.
c. Evidence that merely tends to incriminate a person, such as a suspect’s footprints found near the crime scene, is called Circumstantial Evidence.

d. Exculpatory Evidence – these are pieces of physical evidence that would clear one of blame, for example, having a blood type different from that of blood found at a
murder scene.

Two (2) Classifications of Evidence:

1. Corpus Delicti Evidence – establishes that a crime has in fact been committed.
2. Associative Evidence – those that links a suspect with the crime.

Processing Physical Evidence includes discovering, recognizing and examining it; collecting, recording and identifying it; packaging, conveying and storing it; exhibiting it in
court; and disposing of it when the case is closed.

Note: Consider the use of appropriate equipment and containers.

6. Discovering, Recognizing and Examining Evidence

Physical Evidence must be material, relevant, and competent. To determine what is evidence, consider first the type of crime that appears to have been
committed. Then looks for any objects that are unrelated or foreign to the scene, that are unusual in location or number, that have been damaged or broken or whose
relation to other objects suggests a pattern that fits the crime.

Standard of Comparison – is an object, measure or model with which evidence is compared to determine whether both came from the same source.

Packaging:

1. Plastic Bags – does not “breathe”, best because may cause condensation to form.
2. Brown-paper bags or envelope – used especially for clothing.
3. Boxes – for large and heavy objects.
4. To preserve immovable items at the scene, use photographs, modeling clay, moulage, silicon and other impression-making materials.

When packaging consider the following:

1. Make sure it was legally obtained

2. Properly identified
3. Properly recorded
4. Properly sealed and marked “Evidence”
5. Place a transmittal letter addressed to the laboratory and place in an envelope attached outside the box/container. The letter must
contain the : name of suspect, the victim, specify what examination(s) is desired. Retain a copy for your files.

7. Transporting Evidence – Personal delivery, registered mail, insured parcel post, air express, are the legal ways to transport evidence. Always specify that the person receiving
the evidence is to sign for it. How evidence should be transported depends on its size and type and the distance involved. Use the fastest method available. If the package is
mailed, a “return receipt” should be requested.

Frequently Examined Evidence

Frequently examined physical evidence includes fingerprints, voiceprints, shoe and tire impressions, bite marks, tools and tool marks, weapons and ammunition,
glass, soils and minerals, body fluids (including blood), hairs and fibers, safe insulation, rope and tape, drugs, documents and laundry and dry-cleaning marks.

What to be examined?

1. Class Characteristics – these are the features that place an item into a specific category; e.g., size and shape of a tool mark may indicate that the tool used was a
screwdriver rather than a pry bar.

2. Individual Characteristics – the features that distinguish one item from another of the same type; e.g., chips and wear patterns in the blade of a screwdriver may
have marks that are distinguishable from those of any other screwdriver.

8. What is AFIS? It means automated fingerprint identification system – an electronic fingerprinting system that can digitize fingerprint information to produce inkless
fingerprints. The latent fingerprints are scanned and converted into an electronic image that is stored in a data base for rapid retrieval.

9. Handling Special Kinds of Evidences:

a. Voiceprints – is a graphic record of an individual’s voice characteristics made by a sound spectrograph which records the energy patterns emitted by speech.

b. Bite Marks – Teeth impressions are found in partially eaten food, they can be cast in the same way shoe and tire-thread impressions are. Dental impression material is
preferred because of its fine texture. Saliva samples should be taken using a swab before bite marks are cast.

c. Toneline – is a black photographic outline of the perimeter of a bite mark that can be compared directly with models of an individual’s teeth.

d. Tools and Tool marks – Identify each suspect tool with a string tag. Wrap it separately and pack it in a strong box for sending to the laboratory. A tool mark – is an impression
left by a tool on a surface. It provides leads as to the size and type of tool that made it. A tool mark is compared with a standard of comparison impression rather than with the
tool itself.

e. Weapons and Ammunition

Photograph weapons and then identify them with a string tag. Unload guns. Record the serial number on the string tag and in your notes. Label the packing container
“Firearms.” Identify bullets on the base, cartridges on the outside of the case near the bullet end and cartridge cases on the inside near the open end. Put ammunition in cotton
or soft paper and ship to the laboratory. Never send live ammunition through the mail; use a common carrier.

f. Glass
Label glass fragments using adhesive tape on each piece. Wrap each piece separately in cotton to avoid chipping and place in a strong box marked “fragile” for
sending to the laboratory.

g. Spectrographic Analysis – can determine the elements of the glass, even of extremely small fragments.
h. Soils and Minerals

Put one pound of comparison soil into a container, identifying it on the outside of the container. Collect evidence soil the same way. Seal both containers to
prevent loss, wrap them and send them to the laboratory. Soils vary greatly in color, particle size, minerals and chemical constituents. Take sufficient samples directly from and
around the suspected area at perhaps 5 to 100 foot intervals, depending on the scene.

i. X-ray Diffraction – chemical analysis of soil generally examined by density to determine mineral content and by microscope.

j. Ropes, Strings and Tapes - It can provide leads in identifying suspects and in linking suspects with the crime. Put labeled rope, twine and string in a container. Put tapes on
waxed paper or cellophane and then place them in a container.

k. Drugs – identification kits can be used to make a preliminary analysis of a suspicious substance, but the full analysis must be done at the laboratory. Put liquid drugs in a bottle
and attach a label. Put powdered and solid drugs in a pill or powder box and identify the same way.

l. Documents – Do not touch documents with your bare hands. Place them in a cellophane envelope and then in a manila envelope, and identify them on the outside.

m. Laundry and Dry-cleaning Marks

Ultraviolet Light – used to detect invisible laundry marks. Submit the entire garment to the laboratory, identifying it with a string tag or directly on the garment.

Blood can be identified as animal or human. It is most useful in eliminating suspects. Age, race or sex cannot be determined from blood samples, but DNA analysis or DNA

n. Fingerprinting can provide positive identification of persons.

o. Examining Hair – The hair shaft has a cuticle on the outside consisting of overlapping scales that always point toward the tip; a cortex consisting of elongated cells and the
medulla – the center of the hair – consisting of variably shaped cells. Variations in these structures make comparisons and identifications possible.

p. DNA Profiling

DNA – deoxyribonucleic acid, an organic substance in the nucleus of all living cells that provides the genetic code determining a person’s individual characteristics. DNA is a basic
part of the cell’s chromosomes and can be used to create a genetic fingerprint to identify a person. It is found in body fluids, hair and tissues.

DNA PROFILING – can be done on blood, hair, saliva, semen, indeed cells from almost any part of the body. It uses materials from which chromosomes are made to identify
individuals positively. Except for identical twins, no two individuals have the same DNA structure.

Probative Evidence – evidence that is vital for the investigation or prosecution of a case, tending to prove or actually proving guilt or innocence.

q. DNA Fingerprinting – it describes the composition of DNA.

10. COLLECTING EVIDENCE FOR DNA ANALYSIS

Types of Evidence and Minimal Amounts to Collect

a. Blood

1. Fresh Liquid blood 3 drops

2. Stains Quarter Size
3. Drawn specimens (exemplar) 1 cc or 1 ml

b. Semen

1. Fresh Liquid Semen 3 drops

2. Stains Dime size
3. Swabs 2 swabs

c. Other Types

1) Tissues/Bones/Teeth: Although small amounts of evidence have provided enough DNA for analysis, the amount that will be needed is unpredictable
and depends on many factors including age and concentration sample.

How to collect biological evidence?

Specimens should be collected and dried as soon as possible to avoid bacterial contamination.

2) Wet Specimens – Quick-dry using a hair dryer on the cool setting. For large amounts of material, use a large floor fan. Absorb wet specimen onto sterile gauze.
100% cotton or Q-Tips and then dry.

3) Dry Specimens – Scrape dried specimen from permanent surfaces. Cut dried specimen out from large areas. Package whole items if manageable.

d. Packaging Specimens

Drying specimens isn’t enough. They must be kept as free from moisture as possible.

1) Small Items – Place the collected specimen in a zip-lock bag. Squeeze the air out of the bag.

2) Larger Items – Use paper bags for large items and tape them closed.

e. Storing Collected Evidence. – Heat can destroy DNA, therefore, if the evidence is not sent for DNA Analysis within a few days, store the packaged evidence as directed.

1) Short – term storage (less than 30 days). - Store in freezer. If freezer is not available, refrigerate evidence. Store at room temperature for only 1 – 2 days.

Extended Storage (more than 30 days) – Store it properly

f. Sending Evidence for DNA Analysis

Send evidence and exemplar samples, from the victim and suspect(s), properly labeled, together with a written description of the specimens. Include any other
important or relevant facts concerning the case and origin of the sample(s) for the forensic scientist. Send samples via an overnight carrier. The sender is responsible for
following chain of custody.

COLLECTION AND PRESERVATION OF EVIDENCE

CONCEPT:

Presently, the judiciary together with the hierarchy of the Philippine National Police has given credence more to the value of PHYSICAL EVIDENCE. At the outset,
these inanimate objects are referred to as “SILENT WITNESSES” because they are addressed to the senses of the court. Hence, the role of the different disciplines on police
sciences is necessary to interpret the meaning of the markings, impressions or striations embedded or marked on these pieces of collected or gathered evidence. Result of
examinations are testified, interpreted and argued before the magistrate, who has the ultimate discretion whether or not to consider or accept the weight and probative value
of the physical or object evidence as elaborated by the testimonies of the examiners or experts.

Guided from the principles laid down by the following authors on the subject, namely:

O’Hara and O’Hara, in his book “Fundamentals of Criminal Investigation”, he stressed that “Human Beings are creators of Habits.” He claimed that a
suspect/perpetrator though how careful he maybe, even it needs a rehearsal before doing his criminal act, will and will unconsciously leave traces or marks at the scene.

Dr. Paul L. Kirk said in his book, “Crime Investigation”, “The success of most investigation begins at the crime scene.”

Kenneth W Goddard, in his book, “Crime Scene Investigation,” also suggested that, “ There is a need to reconstruct the scene of the crime to tie the suspect(s) to
either the crime scene or the victim(s).”

In one sensational decisions of the Supreme Court, it had considerably weighed or favored the probative value of pieces of physical evidences offered in evidence
over the testimonies of witnesses. The court empathically favored the value of physical evidence relying on the principle, “res ipso luquitor” (the thing speaks for itself),
provided however, that it must past the test of unquestionable “Chain of Custody of Evidence.” The justifications of these principles shall be discussed in the next topics.

GUIDELINES

The Crime Scene - is the locale within the immediate vicinity of the occurrence wherein evidence may be found. Its significance are:

1. Source of pieces of physical evidence;

2. Source of information that is essential in the investigation;
3. Modus Operandi can be established
4. Where accused or perpetrator maybe found; and
5. Witness(es) can be interviewed.

1. First Officer or Investigator at the Scene

1. Welfare of the victim(s);

2. Record time & date of arrival;
3. Nature of crime and location of crime scene;
4. Weather and lighting conditions;
5. The full identification of the person discovering or reporting the scene;
6. Police officers who have arrived ahead;
7. Control and secure the scene of the crime;
8. Reroute traffic, if necessary.

Investigators must be aware of the required principle of evidence, that a crime

scene must be “reproduced” in court the way or condition the corpus delicti was discovered. It is imminent therefore, that the investigator must be aware of the unintentional
and intentional acts of nature that disturb the crime scenes.

2. Factors that Influence Effectiveness

From the managerial and administrative viewpoints, a crime scene search is affected by two (2) environments – INTERNAL and EXTERNAL.

Internal – environment is best described as being all factors, which exists within an agency that can affect the quality of scene searches. Many aspects such as
funding, training of personnel, proper equipment or facilities, command structure and planning programs directly contribute to the success or failure of searches.

External – environmental factors – are those, which exist apart from a department and generally, include societal changes and pressures. These factors may have
immense impact on the operations and administrations of the investigative work and therefore the investigators must be properly postured and careful in handling properly the
situation.

Walk-through is done by carefully entering the crime scene and keenly detecting, observing and visualizing the nature, condition, appearances and positions of the
crime scene.

1. Visualization of what the scene looked like before the crime occurred;
2. Visualization of what took place during the crime;
3. Identify all evidence potentials; prints, weapons, etc. and perishable evidence;
4. Identify laboratory service and other equipment needs – barricades, lights, etc.
5. Identify manpower needs; and
6. Establishing a practical path through the scene, that affords the lowest risk factor in terms of damaging or destroying evidence.

3. Physical Evidence – are objects or materials searched, found and collected at the crime scene that are supposed to be competent and material to the case under
investigation.

The guiding principle that must be borne in mind is, “Nothing should be
touched or moved until it has been identified, measured, printed or photographed.”

a. Significance of Physical Evidence

1) It is the decisive factor in determining guilt or innocence of a suspect. By the testimonies of an expert witness.
2) Can be a material aid in locating the perpetrator of a crime and because it narrows down the search of suspects.
3) Establish corpus delicti and scene of incident.

How?
a) Determine the type of wound inflicted, which can prove the search for the weapon used.
b) Interviews of persons knowledgeable or who has information about the incident.
c) Search and collection of related pieces of physical evidence
d) Personal observation of the surroundings and the condition, appearances of the scene.

Note: All these information/activities must be recorded and documented.

b. How is the evidentiary value of Physical Evidence preserved?

1) Proper Recognition – the investigator must be knowledgeable of the elements or requisites of the crime committed in order that he/she can search and
gathered appropriate or relevant evidences; may it be associating and/or tracing evidence.

2) Proper Documentation – used of the three (3) methods, namely:

a)Photography;
b) Sketching, Charts, Diagrams or drawings
c) Notes taking – jotting down related and material information, must answer the cardinal principles of criminal investigation.

3) Proper Collection and Identification – it is the use of systematic/chronological, legal and complete procedures in the collection process. Thereafter, placing the
items in an appropriate separate materials or containers to secure the evidences.
 > Insufficiency of sample and failure to supply standards of comparison and controls are the most common errors. The employment of improper collection
techniques results also in a failure to realize the full probative value of the evidence. Factors to consider includes:

(a) Adequate sampling

(b) Standard or known samples
© Integrity of Samples
(d) Types of evidence – portable and fixed evidence

4) Proper Control, Handling and Preservation – Marking, tagging and/or labeling the pieces of collected evidences accordingly.
> Most organic matters change in character through natural decomposition and unless preventive measures are taken, their probative value is destroyed. Factors
such as time (weather) and temperature must be considered.

5) Proper Evaluation – presented in detail/associate with suspect and crime scene.

6) Prepared Oral Testimonies – investigator/examiner must be ready to testify in court with regards to his participation in the investigation of the case as a witness
or as an examiner.

c. What are the kinds of Physical Evidence?

1) Real/Object Evidence – tangible objects (items that speaks for themselves), addressed to the senses of the court.
2) Associative Evidence – evidence, which links the crime scene with the criminal/perpetrator of the crime. These are items unconsciously left behind by the
suspect such as: fingerprints, footprints, personal properties, etc.
3) Tracing Evidence – evidence that may be found in the suspect through the transfer of these items from crime scene to his person, such as: paints, blood, mud,
dirt, etc.
4) Oral Testimonies – interviews with persons with personal knowledge about the crime under investigation.
5) Documentary Evidence – written information

d. What are the nature/types of Physical Evidence?

1) Minutiae types – small, fragile, and perishable

2) Bulk/large types – big materials. As a rule - must be collected ahead of the minutiae evidence.

Purpose :
> To ease the scene; and
> Avoid mingling and possible destruction

3) Materials in different forms – Gaseous, liquid or solid

e. How to make Effective Use of Physical Evidence?

The Investigator must:

1) Recognize the article as evidence (marking, labeling and tagging)

2) Collect only those related evidence (pertinent/associated to the crime)
3) Preserve the physical and legal integrity of the articles (packing, issuing receipt, appropriate containers, etc.)
4) Evaluate the article’s worth (able to identify and correlate to the case on trial)

f. Characteristics of Physical Evidence

1) Qualities of Physical Evidence

(a) Cannot perjure – does not tell a lie

(b) It is not subject to impeachment, if properly and legally handled and preserved.
© It is often the decisive factor in determining guilt or innocence
(d) Can aid in locating the perpetrator of the crime
(e) Can aid the investigator reconstruct how the crime was committed.

2) Class and Individual Characteristics – attributes typical of a person, place or object.

(a) Class Characteristics – attributable features or distinguishing marks found in a group.
(1) Manufacturers
(2) Size of Objects
(3) Colors and reflectively (paints)
(4) Marks and traces (tools, tires, footprints)

(b) Individual Characteristics – attributable marks or features found on individual items or things.
(1) Microscopic Examination Details
(2) Striation Markings (tools and firearms)
(3) Individual cuts and depressions (footprints, fingerprints)

g. Considerations necessary to establish the Evidentiary Value of Physical Evidence

1. Causes of Alterations of Physical Evidence

a) Natural – this refers to weather condition, length of time or exposure to sunlight, rains, animals, etc.
b) Accident Causes – inexperienced or untrained personnel, unintentional damages, etc.
c) Intentional – deliberate acts to erase or disturb conditions and positions of material evidence.

2. General Rules in Protecting Physical Evidence

a) Exclude all unauthorized persons in the crime scene

b) Keep to a maximum the number of persons to enter the crime scene
c) Prevent exposure of evidence against alteration
d) Protect evidences obtained from other persons or sources from extraneous contact from other people or objects in order to avoid contamination and scratching
of evidences.

3. Collection – gathering and preservation of evidences

Purposes:
a. To aid in the solution of the case
b. To prove an element of the offense; and
c. To prove the theory of the case

4. Principles in the Collection of Physical Evidence

a. Adequate sampling/sufficient amount of standards and questioned samples;

b. Integrity of samples (there should be markings for identification)
c. Proof of standard (validity of evidence)
 5. General Rules in the Collection of Evidence

a. Obtain it legally (valid search warrant, permission and consent of the owner)
b. Described the details in your notes
c. Identify it properly
d. Pact it properly
e. Maintain the “Chain of Custody of Evidence) or chrono1ogical accounting of evidence.

>. Circumstantial Evidence – facts and circumstances observed and testified to by witnesses that an inference of the identity of the perpetrators may be established.
6. Eyewitness Testimony – required is that the witness possesses personal knowledge, meaning, must have actually witnessed the commission of the crime.

7. Victim – Statements/affidavits of witnesses. Consider exceptions to the Hearsay Rule, specially:

1) Sec. 31, Rule 130 – Dying Declaration

2) Sec. 36, Rule 130 – Part of Res Gestae

8. Be able to Reconstruct Events – the purpose is to assess the crime scene and possibly to infer assumptions or conclusions through the appearance, nature and
conditions of objects, on the theory that they speak for themselves.

9. Places of Interest at the Crime Scene

4.1 Place or point of entry

4.2 Movement and contact/attack of the crime scene
4.3 Place of Exit; and
4.4 Relative surroundings or perimeters

RULES IN THE COLLECTION OF EVIDENCE

The inadequacy of these exhibits will give a hard time for the examiner to perform his/her tasks; utmost, the examination will not prosper due to insufficiency of
materials or exhibits.

Search, collection & identification and eventually handling and preservation of evidence is a tedious function, but with the breadth of interest and felicity of
inspiration and investigator possess, such few qualities can overcome this problem.

1. Get all the Physical Evidence - Collect every item or evidence suspected or foreign though it does not seem important at the time. Process the crime scene
proceeding inwards but start collecting the marked and identified pieces of physical evidence outwards. The closer it is to the center of the crime, the more valuable the
evidence is.

2. Mark the Evidence Correctly – Always take photographs, then mark down on your sketch the exact place where you found the evidence. Record in your
notebook the exact details. NEVER MARK THE EVIDENCE WITH “X”, IT IS TOO COMMON AND EASY TO IMITATE.

In marking evidence, be careful with evidence that affects its monetary value, like jewelries, watches, or any other type of personal properties that marking would
depreciate its worth, they must not be mark instead use the other forms of identification.

3. Prevent Contamination - Must always use and maintain separate containers to each of the pieces of physical evidence collected. Do not do anything on the
evidences that may change or contaminate each other except in those instances that could be explained. The use of small bottles, envelopes, folded papers, self-sealing
envelopes for small types of evidence is proper. Do not put two (2) objects that are to be compared in the same container.

4. Maintain the PRINCIPLE OF CHAIN OF CUSTODY OF EVIDENCE – shall mean the continuous handling of a piece of evidence from the time it was searched or
collected up to the time it is offered or presented as evidence in court. The Chain of Custody of Evidence – must be maintained unbroken from the time of the search and
collection of the evidence until it is presented in court. This chain must be kept to a minimum, ideally one person, except in reasonable circumstances.

RECOGNIZING POTENTIAL EVIDENCE

Articles at the scene of the crime may not always be readily recognizable as evidence of the crime. The investigator must make a preliminary evaluation or survey
of the objects as they are found, to determine whether they have evidentiary value and should be collected. The apparent absence of any piece of physical evidence at the crime
would only tend to show that perhaps the investigator failed to conduct the necessary processing and searching of the crime scene. The following basic checklist should be used
to ensure that the investigator has recognized and examined all potential evidence at the scene.

1. What crime has occurred? Different types of crime generate different types of physical evidence.

2. Items unusual to the scene. Articles, which would NOT normally be found at the type of scene in question, should be collected as evidence, since it is likely that
the offender either brought the object to the scene or disturbed the object in its normal location.
3. Items necessary to complete. Proof that a crime has in fact been committed.
4. Weapons and other instruments of crime. Weapons or instrument used to facilitate the commission of the crime.
5. Associative/tracing items. What items are significant to link or trace the suspect to the crime and eventually would identify him/her.
6. Is there any fingerprints or tracks searched?
7. What are the evidences to be used as standards or exemplars?

SPECIAL KINDS OF PHYSICAL EVIDENCE AND HOW ARE THEY APPRAISED/MAINTAINED?

1. QUESTIONED DOCUMENTS

Questioned Documents reveal a lot of identifiable features, which can be employed to support other evidence, confirm that the crime occurred and link or
eliminate a suspect.

a. Burned

1) Examine with care the area of burned documents. A slight gust of wind may alter the evidence.
2) Take photo of the burned paper residue in order to record their position and location. In addition, record and photograph any visible writings on the paper.
3) Use a cardboard sheet, a piece of glass or metal plate to pick up the burned paper. Put the evidence into a firm container seamed with cotton batting. Tweezers
can be used to pick up small pieces.
4) Burned paper located in trashcans or safety deposit boxes should remain in the container where located and the entire container submitted.
5) Mark the evidence with your initial, the date and an exhibit number.
6) Label any mailing materials as “FRAGILE”

a. Fluid or Blood Soaked

 Intact

1)Always surrender the authentic evidence rather than is photograph, photocopy or any other type of reproduction
2) Handle the document properly and protect the concealed fingerprints.
3) Label the document with your initials, the date and an exhibit number in the most visible but less crucial pale of the document. Put it in a protective covering if
it is brittle or may be exposed to rough treatment. Avoid putting staples or pins on the document
4) Pack the document in an envelope or plastic covering, fasten and mark with your initials, the date and an exhibit number.
5) Collect a comparison standard.

2. FINGERPRINTS – Basic Techniques for Discovering and Preserving

Two (2) types of fingerprints:

a. Imprints – usually visible. These are transfers of oils from the skin, transfer of blood, transfer of dirt. These prints are processed by photographing or at times the use of
developing powders.
b. Impressions in putty, in tar, in wet paints, in greasy surfaces or silt; usually semi-visible and invisible prints. These prints are processed by using developing powders,
chemicals or fumes.

* Collection of Fingerprint Evidence

The investigator should be alert on the places of where latent prints could be searched. First, the place of entrance like doorknobs, broken windows, light switches.
Second, place of attack, like drinking glasses, furniture, safes, cabinets, all plain smooth surfaces where valuables may have been touched by the suspect(s). Thirdly, place of exit
like doorknobs, side of doors until the gates.

Visible imprints are the most obvious and noticeable evidence and should be collected first through photographs. Hidden prints are revealed by dusting and are
observed by looking in an “OBLIQUE” manner. Developing latent prints must be observed the “PRINCIPLE OF CONTRAST” . Then mount or lift onto a fingerprint card or a
mounting form paper

Extreme care must be used with the fresh fingerprints since they are easy to smear. If it can not be developed, pack it on a box where the prints will not be touched
or altered.

3. FOOT and TIRE PRINTS & IMPRESSIONS – These are produced when material adheres to the sole and heel of the shoe or the tread of the tire it is deposited on a
hard base or surface. For example; dust, paint, blood, etc., adhering to a shoe or tire may leave a print on paper or a polished wooden base.

IMPRESSIONS made by foot prints, tires, and tools can easily be destroyed during a preliminary crime scene search. To prevent the loss of or damaging such
evidence, immediately secure the crime scene and conduct the collection and preservation of impressions forthwith in the following manner:

4. CASTING IMPRINTS – the basic materials needed are:

(a) Plaster of Paris (free from lumps or sifted, if possible)

(b) Rubber mixing bowl
(c) Water
(d) Metal casting frame
(e) Wire mesh strips for reinforcement
(f) Soft brush (baby bottle brush)

Although the casting of imprints is normally done with plaster of paris,

special situations may arise where the imprints are in snow, dust, ash, are water-filled or in mud of sludge. Skillful technicians are necessary.

5. BODY FLUIDS – Body fluids and seminal stains are important evidences. Whether it be bloodstains or seminal fluids, they can be employed to determine if a person
is associated with a crime or not. The succeeding presentations are offered as guidelines:

a. Procedures

1. Collect articles with stained on it; cut it from the large source and mark it with your initial directly on the evidence in a conspicuous place away from the stained area.
2. Dry the blood through natural process or at a room temperature.
3. Cut it, if the owner consented; if not scrape it with a clean knife
4. When blood samples are required, it should be taken by medical personnel with approximately 5 cc in a sterile test tube.

b. Fresh Moist Stains

1. Fresh Blood – collect it with tissue paper or with a medicine dropper and place it in a bottle with preservative. In case NO preservative, place it in a microscope slide and allow
it to dry carefully without any heat, or soak them with pieces of blotting paper or filter paper and let them dry.
2. Do not heat stained material or place it in bright sunlight to dry. Hang clothing and similar articles in a room where there is a rapid air movement, like an electric fan, except
when foreign material has potential significance.
3. If items containing fresh moist stains are not completely dried before packaging, decomposition will occur which will prevent complete testing.
4. When the stain is dry, label the item and roll it in paper or place it in a paper bag or box; seal and label the container. Do not put stained objects into plastic bags.

c. Dried Stains

1. On cloth; label the article, roll in paper or place it in a bag or box, seal and label the container. Do not attempt to remove the stain from the cloth. On small solid objects;
send entire object to the laboratory, after labeling and packaging it.
2. On large solid objects; it it is practical, the whole object should be delivered to the laboratory, with areas containing dry stains covered with paper.
3. If the stain cannot be removed in any manner, use a piece of gauze dampened with distilled water to absorb the stain, Make a similar swab of an unstained area. Dry the
gauze pads, place them in separate envelopes, mark for identification and seal.

d. Seminal Stains

Semen – is the male reproductive fluid. It normally contains spermatozoa, which are reproductive cells, as well as other substances. An ultra-violet lamp may be useful in the
preliminary search, because of the bluish - white fluorescence of semen stains.

Procedure:
1) Air – dry the material on a clean paper
2) When dried, place the material inside a paper bag. Mark the bag with the investigator’s initials, the date, and an exhibit number before fastening it. DO NOT
BAG ITEMS, IF THEY ARE NOT THOROUGHLY DRIED.
3) If the material has to be folded, cover the stained area with clean paper. Avoid folding across the stained area.
4) Bloodstained materials should be packaged individually.
5) Collect a comparison standard. Get blood and saliva samples following steps, a & b.

e. Saliva

Procedure:
1) Air – dry the material on a clean paper
2) When dried, place the material inside a paper bag. Mark the bag with the investigator’s initials, the date, and an exhibit number before fastening it. DO NOT
BAG ITEMS, IF THEY ARE NOT THOROUGHLY DRIED.
3) If the material has to be folded, cover the stained area with clean paper. Avoid folding across the stained area.
4) Saliva stained materials should be packaged individually.
5) Collect a comparison standard. Get blood and saliva samples following steps, a & b.

f. Sweat – Obtain sweat evidence, following/observing the steps shown in paragraph “c”.

g. Urine – Obtain urine evidence, following/observing the steps shown in paragraph “c”.

6. FABRICS – Fabrics discovered at the crime scene or missing from the

crime scene should be collected since these may be supportive or necessary evidence, which will associate a suspect with the crime or eliminate him from consideration. Never
disregard any item simply because you thought it is not associated with the crime. The succeeding paragraphs would show how fabric is gathered and preserved.

a. Fibers and Fabric

Examples are; animal (hairs, wools, silk), vegetable (cotton, flax, jute,
hemp), mineral (asbestos, glass) and other fabrics are common articles, yet contain a variety of animal, vegetable and synthetic fibers of numerous colors; thus threads and
individual fibers frequently are useful evidence in criminal cases. Fibers and threads are often found in fabric abrasions, torn metal or in other areas on hit and run vehicles. In
burglary cases, such evidence may be located on torn screens, broken glass, or metal or safes, or other locations.

Collection procedure:
1) Use forceps and place it on a paper. Sufficient samples from both victim and suspect must be submitted for examination. Threads, cords, and ropes are cut into
pieces as exemplars or samples.
2) Fabrics are threads woven together crosswise.

b. Threads, Cords and Ropes

All these forms of physical evidence come from fibers. A number of fibers
can be twisted to form a thread. A number of threads can be twisted to form a cord. A number of cords can be twisted to form a rope. The difference usually is that of the size
and strength.

7. CLOTHING AND SHOES

* Things to look for in Clothing:

a) Dusts
1) Vegetable fragments
2) Glass, wood,, print, lipstick, grease
3) Blood, semen, flesh and vomit
4) Metal particles and rust
5) Burned places
6) Feathers, hairs, fibers
7) Ink, fruit stains, dyes
8) In shooting incidents – traces of powder grains, discharge residues, smoke and metal fouling

b. Things to look for in Shoes – The shoes itself must be wrapped and
submitted for examination.

c. Clothing, rugs, blankets and curtains – To be examined, must be taken away from the suspect as soon as possible. Do not cut or damage the garment. If it is
necessary to cut clothing, cut any place other than where a bullet or knife has gone through. If clothing are wet or stained with blood, urine or water, let it dry at a room
temperature before packing. In collecting, be careful of any objects falling or dropping from the clothing, these things may be of importance. Markings must be done on the
plastic container separately packed. Falling or adhered evidence must be collected separately and record its exact location or source.

d. Dust/Dirt fillings and Paint chips

1) Evidence found adhering to movable evidences must be protected with cellophane or paper then transmitted to the Forensic Crime Laboratory
2) For non-movable evidences/objects, scrape it and place it in a cartoon with cover
3) Mark and label all evidences, however, see to it that there are sufficient standards included.

e. Tissue

1) Collect as far as practicable objects where evidences have clinged

2) Avoid the use of instrument that would smash it
3) Place it in a clean glass slide, don’t place it in a bottle to avoid hard removal
4) Use a finger prick with clean needle to pick it up
5) Pack slide in a clean cellophane container

8. HAIR AND FIBERS

a. Hair Strands

Although hair is frequently encountered type of evidence, it has real

evidentiary value in only a limited number of cases, usually for determinations as to possible source. Yet such studies require fairly large samples if the laboratory results are to
be of real significance.
1) Handle it with care
2) Cover with cellophane and tape the edges of container
3) It the hair is long, coil it with your finger and place it properly in a clean sheet of paper
4) Care should be taken to any matter that adhered/clinged to the evidence
5) When collected hair evidence, it should be sufficient and to be taken by a Medico-legal Officer.

9. FIREARMS EVIDENCE

Firearms are involved in an appropriate percentage of both major and

minor crimes.

 Ballistics – is the science that deals with the motion and flight of projectiles. The laboratory can establish the range, trajectory or penetration power of fired
bullet, ricochet pattern studies and the like.
 Things to consider when firearm is recovered at the crime scene:

1) Note the position of the hammer (down, halfcocked or cocked);

2) Preserve prints when picking up the weapon;
3) Rough surfaces are the safe parts to hold;
4) When unloading a revolver it must be noted whether or not the cartridge under the firing pin has been fired or not
5) Note the position of other fired or unfired cartridges in the cylinder
6) For automatic weapons, note the rounds left in the magazine and at the chamber.

a. Firearms Precautions Check List

1) Never submit a loaded gun to the laboratory unless it is delivered in person.

2) Never clean the bore, chamber or cylinder before submitting a firearm and never attempt to fire the gun before it is examined in the laboratory.
3) Never pick up a weapon by placing a pencil or other object in the end of the barrel.
4) Record serial number, make and model of the weapon and mark it in some inconspicuous manner before sending it to the laboratory.
5) Place the weapon in a strong cardboard or wooden box well packed to prevent shifting of the gun in transit.
6) Rifles or shotguns may be taken apart to make it easier to package and ship, but do not disassemble more than necessary.
7) If blood or other material of interest is present on the muzzle of the gun, place a small paper bag around the muzzle and seal it to the barrel with plastic tape
to prevent loss of the sample during shipment.

b. Gunshot Residue

1) Wash you hands and wear a pair of gloves

 2) Get swabs of the back of suspect’s left and right hand using cotton swabs moistened with 5 percent nitric acid.
3) Get swabs of the right and left facial parts of a short firearm; check areas if a rifle or a shotgun is involved.
4) Do not attempt to collect swabs if a .22 caliber was involved; if more than 6 hours has elapsed, or if the suspect has washed his hands.
5) Make a control swab by wetting a cotton swab with dilute acid. Then put the swab inside a plastic bag marked as “Control Swab”.
6) Get swab off the interior of a spent casing using water, instead of acid. Put the swab in a plastic bag and mark as “Casing”.
7) Put clothing evidence intended for gunshot residue testing inside a plastic bag. Mark the bag with your initials, the date and exhibit number.
8) Send the firearm to the laboratory to determine the distance from the bullet hole to the fire arm muzzle. If the ammunition is available, send with the
weapon.

c. Loaded Weapon – revolvers – make a diagram on the rear face of the cylinder to show the position of each cartridge with respect to the firing pin. The
cartridges should be numbered to correspond to the numbering of the chambers.

d. Small Firearm

1) Photograph the weapon before conducting the examination.

2) Dust the weapon for fingerprints
3) Remove magazine from automatic loading weapon.
4) Do not operate mechanism except to unload.
5) Sketch the relative position of the spent casings and live rounds with respect to the barrel.
6) Affix an identification tag to the weapon, which will contain a brief description of the firearm, make, model, type, caliber or gauge destination, serial
number, your initials, the date and an exhibit number.
7) Scratch initials or marks of identification on side of frame, receiver, back strap, bangle, etc.
8) Do not use “X” to mark stocks, side plates or any plate that can be readily removed or replaced.
9) Record the absence or presence of round in the chamber. Dust the outer surface of the clip for prints. Put the clip in an envelope then mark.
10) Put the weapon in a plastic bag or paper bag. Mark the bag with your initials, the date and exhibit number.
11) Do not send a loaded firearm through the mail.

e. Serial Numbers

1) If the serial number has been erased, put an identifying mark on the weapon.
2) Attach an identification tag to the weapon containing your initials, the date, and an exhibit number.
3) Put the weapon in a paper or plastic bag.
4) Do not attempt to retrieve the serial number using acid-tech solutions.

f. Shoulder Weapons

1) Photograph the weapon before conducting the examination.

2) Dust the weapon for concealed prints.
3) Do not clean or fire.
4) Record the absence or presence of round in the chamber.
5) Attach an evidence tag to the weapon with the weapon’s description and serial number.
6) Dust the outer surface of the clip for hidden fingerprints.
7) Put the clip in an envelope and mark.
8) Put the unloaded weapon in a wooden or rigid cardboard box and fasten. Mark the box with your initials, the date, and an exhibit number.

g. Fired Bullet as Evidence

1) Photograph the bullets before conducting the examination

2) Never mark a bullet on or near the rifling markings on the bullet side, even if they are not clearly defined. Certain examinations may not be possible if the
base or nose is marked even though these are preferred marking locations. If there is any question don’t mark the bullet but seal it in a marked container.
3) Wrap recovered bullets individually in tissue paper and seal in separate pill boxes or envelopes.
4) Submit all evidence bullets recovered to the lab.
5) Do not attempt to clean recovered bullets before sending them to the lab except in case the bullets removed from a body.
6) Handle fired evidence bullets as little as possible to prevent damage to the identification characteristics in the rifling markings. Never use forceps or other
tools to handle bullets.

h. Fired Cartridge Cases as Evidence

1) Photograph the fired metallic cartridge case before conducting an examination.

2) Do not mar, mutilate, scratch, or nick head the shell.
3) If recovered in revolver cylinder, mark chambers corresponding with the shell designation.
4) Note down the markings used for identification. Head designation of the marker.
5) Sketch showing relative position of shells, if recovered on the floor or street.
6) Transmit the information to the laboratory. Scratch initials, or mark an identifying mark near the mouth of the shell, preferably inside the mouth.
7) Do not scratch or mutilate head or near portion of cartridge case.
8) Roll individually in paper.
9) Place rubber band around paper.
10) Place wrapped cartridges in a heavy paper envelope.
11) Forward to the laboratory. Mark the bag with your initials, the date, and an exhibit number.

i. Fired Paper/Shotgun shells may be marked either on the inside or the outside of the paper or plastic portion of the shell. Brass Shells should be treated as
cartridge case.
1) Photograph the fire paper shot shells before conducting an
examination.
2) Do not mar, mutilate, scratch, or nick head the shell.
2. Note as to markings of identification used.
3. Sketch showing relative position of shells when recovered on the floor or street.
4. Transmit the information to the laboratory.
5. With ink or indelible pencil, mark inside of shells using initials of persons recovering.
6. Do not scratch, nick, mar or mutilate brass head of shell.
7. Roll individually in a paper.
8. Place wrapped cartridges in heavy paper envelope.
9. Forward to the laboratory.
10. Mark the bag with your initials, the date and an exhibit number.

j. Shotgun Wads – the wad should be placed in a pill box, sealed and labeled.

1) Photograph the shot wads before conducting the examination.

2) Recover sufficient evidence as many as possible.
3) Recover the source of the wads.
4) Transmit the information to the laboratory.
5) Make notes on the mark of identification used.
6) Using ink or indelible pencil, inscribe initials of person recovering evidence for identification.
7) Do not used “X” marking. Place in paper envelope, sealing for transmission to the laboratory.
8) Place in paper envelope indicating its source on the envelope.
9) Forward to the laboratory. Mark the bag with your initials, the date, and an exhibit number.
10) Gather the spent wads and record their locations. Put them separately in paper envelopes.
11) Mark the envelope with a required information.
 k. Small Shot – buckshot, birds shot and similar ammunitions are too small to be marked; hence, the specimen should be placed in a pillbox, sealed and labeled.

1) Photograph the shot pellets before conducting the investigation.

2) Recover pellets as many as possible. Do not mutilate any other evidence wile collecting or removing evidence.
3) Record source and position of recovered pellets.
4) Record number and send to the laboratory.
5) Note mark of identification used on seal.
6) Seal container–marking seal with mark of identification on gun label seal envelope.
7) Use pillbox as shipping container.
8) Place a box as shipping container.
9) Indicate source of pellets on envelope.
10) Forward to the laboratory. Mark the bag with your initials, the date and an exhibit number.

l. Ammunition as Evidence

1) Always attempt to recover unused ammunition for comparison purposes when firearms are obtained as evidence.
2) Unfired ammunitions may be marked on the side of the cartridge case, near the bullet end.
3) Ammunition may be compared to establish similarities in type and manufacturer.
4) In some instances it is possible to prove that hand loaded bullets had a common source or that the cartridges were reloaded with the same tools.

10. EXPLOSIVES AND INCENDIARIES

Extreme care is needed when searching for bomb or arson – related evidence. For instance, the presence of large volume of debris, their small size and possibility
of their being washed away when fire is extinguished, make this type of evidence hard to find. The succeeding paragraphs would show how arson and explosive debris are
gathered and preserved.

1. Arson Debris

a. Glass

1) Collect glass splinters and dust them for fingerprints, to determine if it indicates that a Molotov Cocktail device was used.
2) Package the glass splinters in a clean, fastenable metal can.

Mark the metal can with your initials, the date, exhibit number and other pertinent information.

b. Wood and Fabrics

1) Collect materials, which may appear to have traces of gasoline or any other incendiary. Follow the steps shown above for glass.
2) Obtain comparison standards. Materials similar to the collected evidence which appear to be free from gasoline or any other incendiary,
should be collected as standard. Though not always necessary, comparison standards are required especially if the floor or ground work is
chemically similar to the incendiary used.

c. Suspected Flammable Liquids

1) Put an ounce of the suspected fluid in a small, sealed, clean can.

2) Fasten the can and mark it with your initials, the date, exhibit number and other pertinent information.

d. Foreign Objects

1) Put objects foreign to the crime scene in a separate plastic bag.

2) Fasten the bag and mark with your initials, the date, exhibit number and other pertinent information.

2. Explosive Debris

a. Find the focus of the blast and then get loose debris from it. Subsequently, remove additional material up to 3-5 inches deep.
b. Put the evidence in separate clean, unused, metal cans. Fasten and mark the cans with your initials, the date, exhibit number and other pertinent
information.
c. Put objects to be in close proximity with the blast in metal cans. Mark them. Put metal objects form the explosive device in metal cans. Wrap items like
wires and objects with tool marks in tissue paper secured with a tape. Mark the metal cans with your initials, the date, exhibit number and other pertinent
information.
d. Evidence collected from the scene should not be placed in the same package together with the evidence obtained from the suspect.
e. Comparison standard should be packaged separately.

3. Explosive substances and devices

a. Find evidence from deactivated substances. Do not attempt to deactivate any explosive device unless you have been trained to do so.
b. Dust the mouth surface of the device for fingerprints.
c. If a tape or paper wrapping is found, put this in a clean unused metal can. Fasten the can and mark it with your initials, the date, exhibit number and
other pertinent information. Do not handle any of these directly with your fingers.
d. Segregate materials such as batteries, wires, and cap fragments. Put them in a clean, unused metal cans making sure that items with tool marks should
be wrapped in tissue paper and secured with tape. Mark the cans with your initials, the date, exhibit number and other pertinent information.
e. Put a 35 gram sample of the suspected explosive in a small, clean, unused metal container. Mark the container. Avoid sending explosives to mail.

11. FOOD AND DRUG SPECIMENS

Food and drug specimens may link a suspect with the crime or corroborate other evidence. The succeeding paragraphs outline the steps for gathering and
preserving liquid, powder, and solid or plant material specimens.

1. Liquids

a. Gather a minimum of 1 pint of the liquid using a leak proof container.

b. Fasten the container with adhesive tape and mark it with you initials, the date, and exhibit number.
c. Mark glass containers with “fragile”.
d. Collect the comparison standard.

2. Plant Materials

a. Air dry samples by putting it on brown paper for twenty four hours.
b. When thoroughly dried, put the evidence on a pillbox or a vial and fasten with tape.
c. Package each sample separately.
d. Weigh the contents.
e. Mark the container with your initials, the date, and an exhibit number.
f. Collect a comparison standard.
 3. Powder or Solids

a. Put in a container such as pillbox or a vial.

b. Weigh the contents.
c. Fasten the container and mark with your initials, the date, and the exhibit number.
d. Refrigerate the evidence if required. Do not attempt to add preservatives to solid food samples.
e. Collect comparison standards.

4. Tablets and capsules.

a. Put the evidence in a plastic vial or pillbox.

b. Record the contents.
c. Fasten the container and mark with your initials, the date and an exhibit number.
d. Collect a comparison standard. Search the refrigerator or cupboard for similar materials, which as marked. Avoid removing the samples from
their original containers. Put them in sterile, clean containers and refrigerate to inhibit the growth of bacteria. Similarly, comparison standards
for drugs are collected following the same procedure. Do not mix specimens in a single bag even if they were found close to each other or even
if they are similar in appearance.

12. GLASS

Glass may contain hidden fingerprints and should be packaged properly. If

glass fragments are found in shoes or clothing, collect these and send to the laboratory for analysis. The succeeding paragraphs will indicate how large or small glass fragments
are gathered and preserved.

l. Bottles, Jars, Glass and Drinking Glasses

a. For wide mouth, insert two or more fingers inside it, then place it inside a hard cartoon container.
b. For small mouth, place index finger on top and the thumb on the bottom, then place it in a hard cartoon container.
c. Seal off and avoid contamination or stilling of contents that may destroy the evidentiary value.

2. Broken Glasses

a. Use fingers on edge of large evidence

b. Use paddled tweezers on small pieces
c. Avoid grasping on obvious smudges
d. Wrap pieces of debris on a clean sheet of paper

3. Large Fragments

a. Search for concealed fingerprints using the dusting method.

b. In order to prevent the damage on the thin, protruding edges of the glass, put them in modeling clay or putty.
c. When picking up glass, use tweezers to minimize scratching of the glass surface and to protect the glass edges. Avoid breaking the fragments.
d. Mark the glass fragments with adhesive tape for identification by clearly writing your initials and the date of the tape.
e. After marking, warp each fragment with cotton and secure all fragments in a fastened box. Mark each box with your initials, the date and an exhibit number.
f. Place in a separate package all questionable glass fragments.
g. Incase you are using the fragments in fracture analysis such as when tagged whether these were found inside or outside the building, in addition, mark the
surface of the glass, which was facing outside.
h. Do not forget to collect a comparison standard.

4. Small Fragments

a. Inspect articles of clothing and footwear of the presence of glass fragments

b. Use tweezers or other similar instruments to gather the glass shards, making sure that the edges and surfaces of the glass are nit accidentally scraped in any
way.
c. Using clean paper or plastic bags, carefully wrap each article of clothing where glass pieces were found.
d. Put in separate bag all questioned glass fragments, separate from the known glass pieces.
e. Securely fasten each bag and mark the same with your initials, the date and an exhibit number.
f. Place footwear and other solid objects in separate containers such as shoe boxes. To prevent rattling and damaging the glass, tape each object to the
bottom of the box.
g. Do not pack articles containing microscope glass pieces in cotton or other soft material
h. Secure each package thoroughly. Check if there are holes through which glass pieces might be lost.
i. Keep loose glasses fragments in pillboxes, plastic or glass vials and fasten them completely. To prevent rattling and chipping of glass, place cotton inside the
receptacle. Do not use envelopes as containers.
j. Make sure that you tag all packages with your initials, the date and exhibit number.
k. Do not forget to collect a comparison standard.

5 How to Obtain Comparison Standard for Glass

To obtain a comparison standard for glass, collect comparison samples from the area nearest the point of impact. Samples should be at least the size of a one-peso
coin. Clearly tag each comparison sample with adhesive tape bearing your initials, the date, and exhibit number. Wrap each comparison fragment according to the proper
procedures outlined above. When the direction of force will be analyzed, always collect a glass standard from any remaining glass in a window or door as close.

13. LIQUIDS AND VISCOUS SUBSTANCES

Liquids and viscous substance may be used to link a suspect to the crime or eliminate him from consideration. These evidence readily evaporate and are easily
contaminated, hence, utmost case is required during collection. The succeeding paragraphs indicate how substances like alcohol, gasoline, glue, oil, etc. and comparison
standards should be gathered and preserved.

a. Liquids

1) Wear cloth gloves when handling liquid containers

2) Containers may conceal fingerprints so dusting them is a must. Send any print that may be found to the laboratory.
3) Non-corrosive liquids should be collected in print-size unused metal cans. For corrosive liquids, use glass or plastic containers with appropriate tops.
4) If spillage occurs, scoop or scrape as much liquid as possible into a tightly capped class receptacle. If the spillage occurs on carpeting or soil, put the wet
portion of the material into a tightly capped glass or metal container.
5) Package the containers and wrap them with foam rubber or polyurethane chips.
6) Each container should be marked with your initials the date and exhibit number. Mark the packaging boxes as “FRAGILE.”
7) If the liquid is combustible, do not ship through mail
8) Collect a comparison standard.

b. Viscous Substance

1) Wear cloth gloves when handling containers.

2) Dust containers for concealed fingerprints. Send prints to the laboratory for analysis.
3) When dealing with grease, do not following procedure;
 a. For small Amounts= Get a cotton swab of the substance and put into a plastic bag. Fasten the bag and mark.
b. For large Amounts= Place the substance inside a fastenable plastic container through the aid of a cotton swab or a plastic spoon.

c. For Oil or Glue

 If it is possible, put the substance into a clean unused tight-fitting metal can;
 If it too viscous to be poured, use a plastic spoon when putting it inside a container.
 If it is already kept in tight-fitting container, which is not more than one print, send it to the laboratory in its original container.

d. Collect comparison standards.

*Comparison Standard- Liquids and Viscous Substances

Search the suspect or his belongings for liquids and viscous

substances. Any substance found can be used as a comparison with substance found at the crime scene. If more than one substance is revealed, package each separately and
mark accordingly.

14. METALS

Offenders in most crimes use metallic objects, such as knives or firearms, A metal can reveal information like surface imperfections, scratches, and chemical
composition. The e succeeding paragraphs reveal how to gather and preserve metal evidence.

a. Fillings

1) Scrape fillings derived from sawing or drilling into a plastic bag.

2) Fasten the bag and then mark with your initials, the date and an exhibit number.
3) Collect comparison standard

b. Fragments

1) Fragments may come in the form of bullets, bullet fragments, grillwork, headlights frames, dies, etc. which may be embedded or embedded in walls, floor,
etc.
2) For embedded fragments;
 Collect the evidence and put it in a plastic bag or in any appropriately sized container.
 Use padding materials when packaging the evidence to protect the identifying characteristics or the area along the fracture plane from damage.
 Fasten and name similar to procedure in Metals 1.

3) For embedded fragments on walls, floors, etc.

 Ask for the assistance of laboratory technicians, to remove the embedded fragments from the wall, floor etc.
 Pack as much of the material where the fragment is embedded in an appropriately sized container.
 Fasten the container and attach an evidence tag marked with your initials, the date and an exhibit number.
 Collect comparison standard.

c. Large sections

1) Get photo of the obvious marks on doors or other materials, which are too massive to be removed. Don’t forget to place a scale beside the evidence when
taking the photographs
2) Protect the marks by casting them in silicon rubber compound.
3) Pack and mark the cast similar to the procedure of impression of footprints but leave our “NORTH” marking
4) Collect a comparison standard.

*Comparison Standard Metals

 At the Crime Scene

A door that has been forcibly opened is the place where a standard source for fillings found on the floor can be obtained. Gather, pack and mark the
filings as in Metal Filings.

 In the Offender’s Possession

A file, a pry bar, or metal filings found on the offender’s shoes, cuffs, pockets, or other clothing parts represent the standard against, which evidence
found from the crime scene can be matched. Gather, pack and mark the standard as shown in metal filing, fragments and large sections.

15. PAINTS

Paint specimens may be liquid, chips or smudges. The succeeding paragraphs reflect how various forms of paint and comparison standard can be gathered and
kept.

a. Chips and Smudges

1. On Little Materials with Paint Smudges or Chips

a) Mark the material with your initials where it is noticeable

b) Put each material in a separate plastic or paper bag. Protect the paint area from scratches by covering it with plastic or brown paper.
c) Paint chips can be gathered by means of tweezers or by shoveling them with a piece of paper. Put them in a bag.
d) Fasten each bag and mark with your initials, the source, the date and an exhibit number.
e) Collect a comparison standard.

2. On Big Non-Movable Materials

3. Wet Paint Smudges on Cloth, Wood, Metal or Glass

i. Liquids

1. Follow the procedure outlined for viscous substances in Liquid’s viscous substance
2. Comparison Standard- Paint Chips and Smears
3. Extract Paint Evidence- using a clean knife or peeling instrument from two spots where the paint was located and from the suspected source of the
questioned paint. Try to collect at least ½ square inch of surface area for each evidence with all paint layers presented. Surrender all chips or peelings at
hand. If the material is small, send the whole material. Pack and mark all items as indicated in paint samples.

16. SOIL

Soil and mineral may reveal evidence that could link the offender to the crime, samples collected should have soil characteristics similar to that of the crime scene
area. The succeeding paragraphs indicate how dried mud, dry soil, mud and comparison standards are gathered and kept.
 a. Caked Mud

1) When gathering pieces of cake mud, use an instrument such as spoon or knife. Clean the instrument right after using.
2) Pack in a clean plastic bag any personal effects, like clothing and shoes containing traces of caked mud. Package the effects separate bags.
3) Fasten each bag and mark your initials, the date and an exhibit number.
4) Collect a comparison standard.

b. Dry Soil

1) Gather a minimum of ½ pound of all available soil, if possible

2) Put dry soil in a box or any appropriate cardboard container
3) Fasten and mark with your initials, the date, the source and an exhibit number.
4) Never use envelopes and glass for dry soil
5) Collect comparison standard

c. Mud

1) Utilize a clean knife and peel off the mud on materials that can not be sent to the laboratory
2) Put the peelings in plastic or cardboard container
3) Fasten the container and mark with your initials, the origin, the date and an exhibit number.
4) Collect comparison standard

d. Dirt, Dust and Debris

Dirt = small remains of anything broken down or destroyed

Collection of Debris = The most common place where to find debris is on the clothing of the suspect. Get the clothing and properly wrap in strong paper and send to the
laboratory.

Dust = means small particles, which are fine enough to float in air and usually can be identified only by a microscope.

17. Chemical Materials

1. Poisons - are any substances, which get inside a human body and causes serious injury or death.

Most poisons are chemicals, medicines or natural products, which can cause illness or death. The detection and identification of poisons in the body is called
Toxicology.

 Collection of Physical evidence in Poisoning Case

Besides collecting bottles, containers and dishes, the investigator should be present at the autopsy to gather specimens taken by thee doctor, like: vomits,
urine, and stomach washings.

2. Alcohol and Sobriety Examination

This particularly applies in Traffic Accidents or if alcohol was used to facilitate the commission of a crime. It is easier to detect and examine a person drunk than a
person under the influence of liquor or not drunk. This can be determines through chemical examination of the blood or urine,

 Alcoholic Beverages

The most common alcohol is ethyl or ethanol, which is called grain alcohol because it is usually made from grain products. Other common alcohols
are Methyl used for lamps and isopropyl alcohol used for hair tonics and cosmetics. These two (2) kinds are very poisonous and do not produce a good feeling to
persons who drink them. They are not commonly found in intoxication cases.

Alcohol in beverages comes from the chemical change of sugar. If grain is used to start, it must first be changed to sugar. The process is called
MALTING. All intoxicating beverages are mostly water, alcohol and flavoring materials. These are added or may come from the burned barrels in which the
beverages are stored. The burned woods of barrels give whisky and scotch its brown color.

 Beer is made by fermentation and contains 6% alcohol.

 Wine is made from grapes and contains up to 8% alcohol
 Whisky is distilled beer
 Brandy is distilled wine
 Gin and vodka are made from pure alcohol with other substances added for flavor.
 Whisky, gin, brandy and vodka contain 40% to 50% alcohol.
Alcohol goes into the stomach and directly to the blood. About ½ of the alcohol taken gets into the blood in about 15 minutes and all of it in 30
minutes to one hour. It goes into those parts of the body, which contain water. It does not go into the places like bones and fat. Only the blood and urine can be
examined to determine alcohol contents.

 Meaning of Blood Alcohol Levels

 0 to 0.05% - Not under the influence of liquor.

 0.05 to 0.10% - Show the effects of liquor and unsafe to drive a vehicle.
 0.10 to 0.17% - No0t drunk but are unsafe to drive vehicle. They can be considered under the influence of liquor.
 0.20 and higher – Definitely drunk
 0.35 to 0.45% - Usually unconscious
 0.50% - Persons usually die from alcohol poisoning at this level.

 Sobriety Examination by the Investigator

Even though the investigator has a blood or urine sample, he should also make certain tests of the person in order to testify in court, such as:

a) Balance
b) Coordination
c) Reaction time
d) Eye condition and reaction to light
e) Speech
f) Breath odor
g) Walking and turning ability

The best sample for alcohol test is the blood and the nest is urine. Sodium benzoate is the best preservative for urine and sodium fluoride for blood.

 Rules to observe in collecting blood and urine samples

a) Use clean bottles or jars – containers must have tight stopper or cover to avoid evaporating or spilling;
b) Seal and label the specimen correctly – a tag would be better than labeling
c) Give the laboratory all information – investigator must to the request a detailed report for the examiner to facilitate examination.

3. Drugs of Addiction and Habituation

 Drugs come in several forms and are either abused. The investigator must take appropriate steps to acquire physical evidence of used drugs ad paraphernalia.
Subject person to examination.

4. Physical Evidence from Fires

The crime of causing a fire is called ARSON. Some motives of Arson are:

a) Pyromaniacs – these are people with a mental condition who get pleasure in watching the fire burn or watching the firemen put out the fire.
b) Frauds – set fire for insurance purposes
c) Concealment of another crime
d) Revenge

Collecting Evidence from Fires

All unusual physical evidence used to put the accused at the scene of the crime should be collected. These include broken glass, hair, fibers, soil, debris, etc.
if the criminal used a liquid to set the fire, there is a possibility that this material may be on his clothing or shoes. Investigator should coordinate with experienced firemen
to locate for materials used to start the fire. Ashes and containers must be properly sealed and wrapped to protect from evaporation, then marked properly before
transmitting it to the laboratory for examination.

5. Explosives, Bombs and Gas

Explosives are very delicate and dangerous to attend to, therefore, an experienced demolition expert has to handle the situation.

However, after an explosion, the investigator must conduct a proper photography of the areas affected. Investigator must exert effort to look for fragments of torn
metal from the bomb itself or bits of wood and cardboard and parts of clocks used to set off the explosion. Found fragments must be placed in an envelope or container and
properly identified.

Biological Materials

1. Blood and Bloodstains

Blood is usually spilled inmost crimes of violence and the criminal may shed it while committing his crime. It is the best specimen for testing alcohol in sobriety
examinations, also in disputed paternity cases.
An adult male has about 5,000 cc or 10 pints of blood unlike in females, which has 3,800 xx or 8 pints.

Blood sample sent to the laboratory for examination is to determine its blood groupings. Samples from suspects, if the investigator shall bring the suspect to the
laboratory for extracting of blood samples.

2. Seminal Stains

Semen is the male fluid, milky white fluid containing millions of small cells with tails called PERMATOZOA. Each male ejaculation produces about 3.5 cc or a
teaspoonful of semen. Semen is important physical evidence in cases of seduction, rape, unnatural acts of perversion and bestiality with animals.

The investigator should get the clothing of both the victim and suspect as soon as possible after the offense was committed. The clothing must not be rolled or
crumbled to avoid destruction of the spermatozoa. The alleged victim must be subjected to a Physician’s examination to determine the presence of spermatozoa, injury and
other related details. Detailed interview and investigation must be done on the victim to determine other related factors whether she maybe telling the truth or making a false
accusation.

3. Hair

Hair examination is one of the oldest forms of physical evidence.

 Structure of Hair

Hair consists of a root, tip, and a shaft. All hairs have a root; if the hair has fallen naturally, the root is found to be dried up; if it was pulled out, the
root is shaped like a bulb. There are several parts of a hair:

a) Cuticle – the outer scale cover of the hair

b) Cortex – the center part of the hair
c) Medulla – the center of the hair that runs through the cortex.

 Collection of Hair Samples

Hair evidence should be looked for on clothing, combs, weapons, in pockets, on the fingers of the victim and the suspect. Samples must be taken
from both victim and suspect. Samples may be taken from the head and pubic hair. The best way of collecting hair samples is by combing. Investigator must
at least submit 100 hair samples, which must be placed in a paper envelope and properly sealed and identified.

4. Bones and Skeletal Remains

Photographs should be taken. Soil sample should be collected. Do not attempt to remove hair or other objects from the bones and do not attempt to wash or clean
them in any way. A careful search for all teeth must be made. A piece of wire screen can be used to sift all soil in the area to look for small bones or body particles, this
sometimes become the lead in the identify of the victim.
18. Miscellaneous

Materials like cigarette butts jewelry, magnetic tape recordings or writing instruments can link a person to a crime since each provides easily identifiable features.
For example, a tape recording of anonymous voices heard as pale of the threat prior to a bombing or extortion may be associated with known voices of an offender through
voiceprint analysis, assuming there was careful recording of questions and known voices. The succeeding paragraphs show how cigarette butts, jewelry, magnetic tape
recording, writing instruments and comparison standards are gathered and kept.

1) Cigarette and tobacco butts

a) Collect the cigarette butt using a piece of paper or tweezers and put on a
small plastic bag. Never hold the cigarette butts with your hands.
b) Label the bag with your initials, the date the source and an exhibit number.
c) Clear tobacco material from papers or clothes pockets into a plastic pillbox. Label and fasten as above.

D. MARKING EVIDENCE

Evidence must be marked to assure that its identity can be legally established in court. When evidence is produced in court, it is imperative to prove it is the same
as that found at the scene. Normal descriptions of items are not sufficient; distinctive symbols or initials of the recovering officer, date when recovered and/or an individual
letter on each item of evidence collected should be used. These marks can be written, scratched or carved, however, not to damage the item or alter its evidentiary value, by
using the other methods of identifying such as; labeling or tagging.

Exceptions:
No attempt should be made to mark evidence, when:

a) The item, by its nature is impossible to mark

Example: Dust, fibers, blood, etc.
 b) The marking would alter its monetary or authentic value
Example: Diamond ring, antique objects, rare coins, etc.
c) The marking might hinder subsequent analysis, such as: documents containing fingerprints, bullets, etc.

* Tagging or Labeling Evidence:

Objects, which are not suitable for markings must be tagged. A paper tag firmly affixed to the items of evidence can serve as a basis for later identification.

Labeling – writing the needed information on the container.

Advantage: it provides for a greater space for recording pertinent data, such as:

1) Case number
2) Date & time when article was found
3) Name and description of the article
4) Location and time of recovery
5) Signature of the investigator/finder
6) Name of witness(es) to the recovery

 For Storage: Entries written and properly tagged/labeled

1) Date the evidence was received

2) File number of the case
3) Title of the case
4) Person or place from whom at or at which received
5) Person who received the evidence
6) Complete description of the evidential items including size, color, serial number, etc.
7) Disposition
8) Identity and signature of the officer in control of the evidence room

E. PRESERVING EVIDENCE – GENERAL COMMENTS

Physical evidence may be most effectively presented in court if it has been properly handled and preserved. An analysis of evidence by the laboratory may be
impossible, if the evidence has been altered or contaminated.

1. Preservation : Two (2) Methods

(1) Physical preservation

(2) Preservation from alteration of perishable evidence

2. Containers

The investigator should try to suit his containers to the sample. Due to bacterial or fungal actions it is imperative that one does not put damp or biological evidence
in plastic bags. The following is suggested:

a. Plastic or cellophane envelopes are suitable for small dry objects.

b. Paper envelopes are suitable for folded paper bundles containing very small or powdery material if all corners are sealed. Do not use paper envelopes for fiber
evidence, a vial or pill box is preferred.
c. Vials, pill boxes, capsules and like containers are frequently suitable, depending upon the exhibit and its condition.
d. Garments and large exhibits can be placed in bags or rolled in paper.
e. Paper or plastic envelopes can be sealed around the ends of large exhibits such as tools, with plastic tape to prevent loss of adhering evidence.
f. Loss of adhering evidence on large exhibits, such as safes, vehicle bumpers, etc., can be prevented by placing plastic paper over the vehicle and sealing it with tape.
g. Always use clean and new containers to prevent contamination.

3. Storing Evidence

Evidence should be stored in a safe, evidence vault, locker or some other location where unauthorized persons do not have access to it. This applies to both
temporary and long range storage.

G. DELIVERY/TRANSMITTAL OF EVIDENCE TO THE LABORATORY

Proper handling of physical evidence is necessary to obtain maximum possible information upon which scientific examination shall be based and to prevent
exclusion as evidence in court. Specimens, who truly represent the material, found at the scene, unaltered, unspoiled or otherwise unchanged in handling will provide more and
better information upon examination. Legal requirements make it necessary to account for all pieces of physical evidence from the time it was collected until it is presented in
court. With this in mind, the following principles should be observed in handling all types of evidence:

1. The evidence should reach the laboratory as mush as possible in the same condition as when it was found;
2. The quantity of specimen should be adequate. Even with the best equipment available, good results cannot be obtained from insufficient specimens;
3. Submit a known or standard specimen for comparison purposes.
4. Keep each specimen from others so there will be no intermingling or mixing known and unknown material. Wrap and seal in individual packages when
necessary.
5. Mark or label each piece of evidence for positive identification as the evidence taken from a particular location in connection with the crime under
investigation.
6. The chain of custody of evidence must be maintained. Account for evidence from the time it is collected until it is produced in court. Any break in this chain
of custody may make the material inadmissible as evidence in court.

In order that examination can be performed promptly and permit ready reference to cases in a later date, it is necessary that laboratory personnel have certain
information about the evidence submitted and the case under investigation. A separate written request should be prepared for each examination desired (e.g. for Ballistic Test,
for Chemistry Test, etc.). The request should contain the following information to accompany all evidence submitted to the laboratory examination:
1. Type of offense under investigation;
2. Date, date and place of commission;
3. Date when evidence was collected. (This may not be the same date as when the offense was committed.)
4. Name of victim(s) and suspect(s); and their address;
5. Name of the officer and office submitting the material;
6. A list of specimens submitted and each instance a brief but comprehensive description of:
a) where the specimen was found in relation to other objects at the crime scene;
b) condition of the material when found peculiarity in any respect; and
c) any changes in the nature of the evidence, which the investigators may have made either accidentally or unintentionally.
7. Type of examination desired for each specimen submitted; and
8. A brief summary of the facts of the case under investigation.

Before submitting the evidence to the laboratory, consult the following checklists.

The answer to each question should b e “YES”.

a) Did I collect all the available evidence in this case?

b) Did I collect sufficient amount of each type?
c) Was I careful not to alter the materials in handling and in preparing it for transmittal to the laboratory?
d) In packaging:
 1. Did I properly label each piece of specimen individually and make references that I can identify later?
2. Did I wrap the various specimens separately to prevent contamination?
3. Did I pack the specimen properly?
4. Did I use a clean container for the specimen?
5. Did I secure properly the specimen in the container?
6. Did I seal it in a manner as to prevent its being spilled/opened by accident?
7. Did I address the package properly?

RECOMMENDED PROCEDURES IN THE DELIVERY OF EVIDENCE:

1. Personal Delivery of Evidence – is the best method, it will permit a personal contact for consultation between the criminalists and the investigator, which may be very
beneficial.
2. Mail Shipments of Evidence – use registered or certified mail if evidence is of high monetary value or if it is small and of critical value. Otherwise, first or fourth class
mail is satisfactory.
3. Prevent Damage – package contents so that breakage or contamination will not occur during shipment.
4. Restrictions – Follow postal regulations. Do not mail explosives and other prohibited items.
5. Seat package completely – even if fourth class mail is employed. Do not just tie with string, but rather employ tape which meets postal service regulations.
6. Place the cover latter on the outside of package.
7. Express shipments packaging procedures are the same as for regular mail shipments.

Evidence Requiring Special Handling

1. Explosives – Do not deliver or ship explosives to the lab without contacting the criminalists by telephone first, he will evaluate the situation and indicate the
procedures to be followed.

2. Dangerous Materials – The same telephone contact must be made prior delivering loaded weapons, dangerous chemicals, etc.

3. Perishable Materials – Deliver only during working hours

NOTES TAKING AND SKETCHING

INTRODUCTION

No matter how intelligent a person is when after several months or years, possible he can no longer remember everything. Settled has been the observation of
luminaries, memory cheats sometimes the person. Notes taking or recording facts can never be substituted by memory alone. Courts usually allow a witness to refresh his
memories through notes.

CONCEPT

Notes taking and sketching are methods of documenting a crime incident, they are permanent records and are admissible in evidence, especially during rebuttal
stage.
WHAT ARE SOME OF THE STANDARD METHODS OF RECORDING INVESTIGATIVE DATA?

RECORDING – refers to the act of writing down all pertinent and material facts and details surrounding the commission of a crime under investigation.

What are the methods of Recording?

1. NOTES TAKING – Specifically speaking, notes taking begins when the investigator arrives at the crime scene. He writes down the identity of persons involved in the
incident. Writes down the condition of his surroundings and his observation to material evidence. He also draws a basic sketch of the crime scene and takes the
initial photographs. This is to ensure that image of the crime scene is recorded before any opportunity occurs whereby the scene is disturbed.

Advantages:

a. Repository for Details

b. Basis for reports
c. Supplement to sketches and photographs
d. Documentary evidence

Purpose:
a. Basis for action at higher levels
b. Enables co-workers to take the next logical steps
c. Establishes validity of complaint and indicates general nature and magnitude of the case (prosecutive action).

Qualities of Notes:
a. Clarity/clearness – use of simple words
b. Accuracy/accurate – direct and certain
c. Brief/brevity – short and concise but complete
d. Specific – exactness of numbers, location, nature of case, etc.
e. It answers the cardinal principles of investigation.

2. SKETCHES, MAPS & DIAGRAMS AND CHARTS

SKETCH – is the simplest and most effective way of showing actual measurements and identifying significant items evidence in their location at the scene. It is admissible
if it is reasonably related and explanatory of the testimony of the witness who drew it and used it to illustrate his testimony.

MAPS & DIAGRAMS – are admissible as evidence when they are reasonably necessary to understand the testimony of witness/es and when a foundation of the accuracy
is laid by the person who prepared the map or diagram.

CHARTS – to show resemblance or statistics.

A. Kinds of Sketch:

1) Rough Sketch – prepared by the investigator at the scene of the crime.

2) Finished/final sketch – made primarily for courtroom presentation.

Query: Is the investigator allowed to have the rough sketch formalized by an artist?
Answer: Yes, provided it be under his supervision and direction.
 B. Types of Sketches

1) Floor plan or bird’s eye view

2) Elevation Drawing
3) Exploded View

C. Classes of Sketches

1) Sketch to Locality – depicts the crime scene and its environment and roads leading to the location or house/crime scene.

2) Sketch of Grounds – this pictures the scene of the crime and its nearest physical surroundings.

3) Sketch on Details – describes the immediate scene only. For example: the room in which the crime happened and the details thereof.

D. Surveying Methods

1) Rectangular Coordinates – measurement at right angles from each two walls.

2) Triangulation Coordinates/Method – measurements made from each of two fixed objects to the point where relevant pieces of evidence are, later on
forming a triangle.

3) Polaris Coordinates – all fixed points of reference measured to the evidence.

4) Coordinates constructed on transecting base line – a stretched line from one fixed point of reference extended to another fixed point, the evidence
are measured aligned with the base line.

5) Compass Coordinates – a measuring device is stretched from one fix point of reference and the compass is used to detect the degree or position of
the evidence.

E. Elements or Parts of a Sketch and their significance

1) Title – brief narration or information about the incident, place, time, date committed, victims and the investigating officer.
2) Time/date and weather condition – response time, condition of crime scene upon arrival.

3) North Compass Direction – an arrow pointing to the direction of the north – for orientation purposes.

4) Essential Items or Details – particularity of relevant and material information.

5) Sketchers – identity and signature of sketcher/s.

6) Legend – identity/description of prominent objects described in the details.

7) Scale of Proportion – portray the distances or measurement equivalence.

Note: Measurements must be accurate using appropriate standard measuring devices. Use of steps or approximation must be avoided. Sketches are not substitute for notes or
photographs, they are but a supplement to them.

F. Rules in Sketching

1) Decide what to be sketched

2) Never forget the direction of the compass
3) Control all measurements. Do not rely on others to give the measurements
4) Sketch objects of relevancy
5) Use appropriate measuring devices
6) Make necessary corrections at the scene, never at the office
7) The scale must be drawn on the sketch, if not state it in the sketch
8) Always include the date, time and weather condition, degree of light, witnesses and the name of the officers who prepared the sketch.

Reminder: Always keep the rough sketch for future reference.

CHAPTER VII

INTERVIEW AND INTERROGATION

Interview – is the questioning of a person believed to possess knowledge that is of official interest to the investigator.

* Importance of Interview : Interview in crime investigation is very important as the person interviewed usually gives his account of an incident under investigation or offers
information concerning a person being investigated in his own manner and words.

Interrogation – is the questioning of a person suspected of having committed an offense or a person who is reluctant to make a full disclosure of information in his possession
which is pertinent to the investigation.

Criminal is Identified Traced & Located The facts providing his guilt are gathered for
court presentation
1. Eyewitness testimony 1. Vanity or flight – betrays guilt 1. Relevancy of Evidence
2. Confession/admission * An investigator is no better than his information. 2. Competency of Evidence
3. Circumstantial Evidence 2. Official & unofficial records 3. Corpus Delicti
a. Motive 3. Pedigree, social, business & criminal history * Factum probandum
b. Opportunity 4. Modus Operandi * Factum Probans
c. Associative Evidence 5.Background Investigation 4. Knowledge of Laws
d. Tracing Evidence 6. Surveillance 5. Legally obtained evidence
e. Rogues Gallery 7. Associates/friends 6. Fruits of a Poisonous tree
f. Portrait Parle
g. Cartography or artist’s sketch

IV. The Three (3) I’s of Criminal Investigation

Information – answers the question, who did it? Interview/interrogation – simple questioning/ Instrumentation
skillful questioning
Any knowledge the investigator gathers 1. Witnesses & their abilities/educational 1. Use of Criminalistics
1. Records/files qualifications * Technical Science
 a. Private documents 2. Informers/informants * Scientific Science
b. Public documents 3. Victims/complainants 2. Significance of a Crime Scene
c. Official documents * Consider the constitutional rights of the person 3. Physical Evidence
d. Commercial documents * RA 4200 4.Requirements in the Admissibility of Evidence
2. Public spirited people * RA 7438 a. Relevancy and competency
3. Conscientious people * Miranda Doctrine b. Chain of custody of evidence
4. Knowledge obtained through observations *Self-incrimination
* Confession/Admission

A. Information: Sources are;

 Complainant – is a person who requests that some action be taken.

 Informants – a person who gives information voluntarily to the investigator about a case and who may even be willing to be a witness.
 Witness – a person who saw how the crime was committed or who may have some knowledge about the case.
 Suspect – a person considered to be directly or indirectly connected with a crime, either by overt act or by planning or directing it.

 Confidential informant – a person who provides confidential information concerning a past or projected crime and does not wish to be known as the source of the
information.

Characteristics of the Effective Interviewer/Interrogator

1. Adaptability – the ability to understand people from all walks of life, to meet them on their won level on varied subjects and to adapt to their personalities and lifestyle.

2. Self-control and Patience – the act of being professional, sympathetic yet uninvolved, waiting for responses while patiently leading the conversation and providing
facts.

3. Confidence and Optimism - feel you are better education and thus must be in control of the interview.

4. Objectivity – Maintain your perspective on what is sought, avoiding pre-conceived ideas about the case.
5. Sensitivity to Individual Rights – Maintain a balance between the rights of others and those of society.
6. Knowledge of the Elements of the Crime – Know what information you need to prove the elements of the crime you are investigating. Phrase questions to elicit
information related to these elements.

B.1. Interview - the effectiveness of an investigator is largely dependent upon his ability to obtain information from complainants, witnesses, informants, and suspects.

1. Building a case - elements of the case is established

2. Qualifications of the Interviewer

a. Rapport – good relationship between the interviewer and the subject

b. Personality – induce confidence by the strength of his character so that subject shall trust him.
c. Breadth of Interest – common or agreed topics

3. Stages of Interview – “ IRONIC”

“I” – Interview preparation – investigator acquaints himself to the case, prepares what he wants to establish or know from the subject
“R” – Give the subject time to recall about the incident “Warm –up”
“O” – Opening statement
“N” – Narrative
“I” – Inquiry
“C” - Complement

4. Techniques in Questioning

a. One question at a time

b. Avoid an implied answer
c. Simplicity of questions
d. Saving face
e. “Yes” and “No” Questions
f. Positive Attitude

5. Techniques for Controlling Digression – rambling discourses

a. Precise questioning – restrict the range of information which the subject can give in an answer.
b. Shunting – technique of asking question which relates the digression to the original line of questioning.
c. Skipping by guessing – questions of intervening details which is an act of anticipating conclusions to skip probable outcome of the various stages of
the subject’s recital.

6. Types of Interviews

d. Children – permission to interview children must be obtained from parents or guardians; determine ability to discern.
(1) Boys – determine perception and intelligence, more on falsehood.
(2) Girls – intensely interested in the world as it reacts to her, observant to her young neighbors.
e. Young persons – not ideal witness, they are ideally preoccupied.
f. Middle-aged persons –Ideal witness, they are keenly aware of his fellow beings.
g. Older Persons – Very effective witness, they add maturity to judgment.

7. Types and Attitude of Subjects

a. Know-nothing type – reluctant to act as witness

b. Disinterested Type – uncooperative, indifferent person
c. Drunken Type – can be a good source of information because he is inspired of his own potent truth serum.
d. Suspicious Type – fear in himself
e. Talkative Type – no track of message, needs channeling
f. Honest Witness – cooperative and gives useful information
g. Deceitful Witness – obviously a liar
h. Timid Witness – uneducated, “foreign-born”
i. Boastful, Egotistic or Egocentric Witness – Self-centered, an excellent witness only if the issue is for himself but prone to color on other topics.

8. Direct and Indirect Questions

Logical Approach – is based on reason. Use logic to determine why the person refuses to cooperate and to explain the benefits of cooperating. Explain the
problems that result when people who know about a crime do not cooperate.

Emotional Approach – addresses such negative feelings as hate, anger, greed, revenge, pride and jealousy. You can increase these emotions or simply
acknowledge them by explaining to the person that “anyone else in the same situation would respond the same way.”
 Direct Question – is to the point, allowing little possibility of misinterpretation. Use this type that come right to the point.

Indirect Question – is a bit disguised and could elicit a variety of answers. Use this type of questioning to those that skirt the basic question, sparingly.

Cognitive Interview – a method that calls for using a secluded, quiet place that is free of distractions for the interview and encouraging subjects to speak
slowly.

9. Evaluation

a. Physical Mannerisms – nervousness, evasive facial expressions, perspiration and similar signs
b. Frankness – truthfulness
c. Emotional state – reaction to questions
d. Content of statements – discrepancies and misrepresentations

B.2. Interrogations – premised on Public Safety and Humanity

Primary Objectives:

a. To ascertain the probability that the suspect is or is not the offender

b. To eliminate the innocent by eliciting information, evidence or behavior symptoms that indicates innocence.
c. To obtain a confession from the guilty and/or information from him or her about the involvement of other persons.
d. To learn the identity of accomplices
e. To develop additional leads for the investigation
f. To discover the details of any other crime in which the suspect may have participated
g. To learn the existence and location of physical evidence such as documents or weapons.
Basic Consideration in Interrogation

1. Miranda Doctrine
2. Sec. 12, Art. III, 1987 Constitution
3. Sec. 17, Art. III, 1987 Constitution
4. Waiver in relation to Art. 125, RPC as amended
5. Waiver in relation to RA 7438
6. Using deception or misrepresentation during Interrogation is illegal
7. Turf of the interrogation
8. Use of Third-Degree Tactics – use of physical force, threats of force or other physical, mental or psychological abuse – are illegal. Any information so obtained,
including confessions, is inadmissible in court.
9. Language

Qualifications and traits of the investigator :

1) General knowledge and Interest – must develop intellectual curiosity and keen observation
2) Alertness – constantly alert able to analyze subject accurately
3) Perseverance – patience and decision & willingness to continue
4) Integrity – unquestionable personality; inspired confidence or trust
5) Logical Mind – objective and clearly defined intentions
6) Ability in Observation and Interpretations – able ness to observe and interpret reactions
7) Power of self control

Detection of Deception

1) Physiological Symptoms – emotional reactions are insight in determining guilty knowledge or deception.

> Generalities considered as guilty knowledge or conscience:

(a) Sweating
(b) Color changes
(c) Dry Mouth
(d) Pulse
(e) Breathing
(f) Uneasy movements like playing with fingers

2) Lie Detection or Polygraphy – records of several measurements on a visible graph. The polygraph scientifically measures respiration and depth of breathing
changes in the skin’s electrical resistance and blood pressure and pulse. The person does not actually have to respond verbally for a polygraph to work because the
machine measures the mental and emotional responses regardless of whether the person answers questions.

Pneumograph – measures respiration and depth of breathing

Galvanograph – measures changes in the skin’s electrical resistance.
Cardiograph – measures blood pressure and pulse rate

Admissions, Confessions and Written Statements

Admissions – contains some information concerning the elements of the crime but falls short of a full confession. It is a self-incriminatory statement by the subject falling short
of an acknowledgement of guilt.
Confessions – is information supporting the elements of the crime given by a person involved in committing the crime; or the direct acknowledgement of committing the crime.
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.
Requisites of a Valid Confession:

1. It must be in writing; it can be oral when done in open court.

2. Must be in the presence of a counsel
3. It must be free from any threats or coercion, in short must be voluntary
4. Must be under oath
5. Signed by the accused

Statement – is a legal narrative description of events related to a crime.

Deposition – is the testimony of a witness reduced to writing under oath or affirmation, before a person empowered to administer oaths, in answer to interrogatories
(questions) and cross interrogatories submitted by the parties. Ordinarily it is an attorney who gets depositions.

 Effect of unsigned Statement.

 Not under oath statements.
 Effect of statements or affidavits not in form

Duress and Coercion

 Duress – imposition of restrictions on physical behavior (Ex. Prolonged detention, deprivation of food, sleep, etc.
 Coercion - connotes the idea of physical force; application of illegal physical methods
 Psychological Constraint – Free action of the will may be unlawfully restrained by threats or other methods of instilling fear.

Deception and Promises – No deception, promises, threats, tricks, or cajoling may be used to obtain from the suspect a waiver of his rights.
  Trickery and Deception – deceit or defrauding styles
Ex. a) Informing the subject that his accomplice has confessed
b) Pretending that cogent evidence such as additional witnesses or documents exists.

 Employment of Promises
Example:
a) Release from Custody
b) Lighter sentence
c) Pardon, etc.

Ham letting – forcibly taking any relative of a suspect in exchange for the surrender or appearance of suspect. Includes coercive act of forcing people to transfer or vacate their
place of abode.

Hypnosis and Truth Serums

Hypnosis – is used with crime victims and witnesses to crimes, not with suspects. It should be used only after careful consultation with the person to be hypnotized and after a
detailed review of the case as well as of the subject’s mental and emotional condition. Subject must give a written consent, approval by the prosecutor’s office and possibly the
subject’s lawyer.

Truth Serums – are fast-acting barbiturates of the type used to produce sleep at the approximate level of surgical anesthesia. The theory is that, the drug removes the person’s
inhibitions so the person is more likely to tell the truth. Commonly used drugs are the sodium amytol and sodium pentathol.

CHAPTER VIII

INVESTIGATIVE REPORT WRITING

I. Terminologies:

1. Investigative – to make an investigation (examination for the purpose of discovering information)

2. Report – to write an account, to tell about following an inquiry.
3. writing – a literary composition, book, article, inscription.
4. Investigative Report Writing – the correct preparation of a written communication for the purpose of delivering a complete information about an event or incident.
5. Investigation Report (IR) - is an official written record of all pertinent information developed during an investigation.

I1. Importance of Report Writing

2. Effective means of delivering information

3. Presents a chronological presentation of events
4. Documentary evidence
5. Delivery of two way communication process
6. Enable superiors to review the work of an investigator in order to note whether the investigation report is properly developed.
7. To provide other investigators basis for continuing the investigation

III. Methods of Investigative Report

1. Written
2. Oral/spoken

IV. Classes of Report Writing

1. Extremely Formal – weighty language of scholars, of intellectual dissertation, of an impersonal documents.

2. Extremely Informal – is jazzy and often disrespectful, informality of slang.
3. Formal with an occasional informal touch/closer to the center of the two.

V. Five (5) Basic Steps in Report Writing (GROWE)

G- gather the facts – conduct thorough investigation, interview to witnesses and interrogate suspects;

R- record the facts – jot down in your notes relevant and material information, do not rely on your mind;

O- organize the facts – arrange the sequence of the incidents in an outline form;

W- write the report – use simple words to construct short sentences; group related ideas into one paragraph.

E- evaluate the report – edit and proof read it, you may have misspelled or there may have been lapses in the grammar construction.

a. Gather the facts – the patrolman being the first police officer to arrive at the scene, initiates only the basic process of the investigation, such as:

1) Jotting down, the following:

(a) The name and address of the complainant/victim
(b) The nature of the complaint/information
© The name and address of witness/es, if any.

2) Keen observation and documenting the crime scene and surroundings, if possible.

b. Record the facts – To record the facts the police officer will write in his notes, the following:

1) Time and date he arrived at the crime scene;

2) Name of witness/es and their address;
3) How he discovered the incident;
4) Identity of the victim (through documents available, if any)
5) Description of the victim;
6) Time/date, the Desk Officer was notified;
7) Time/date, the team leader of the investigating team arrived;
8) Name of the in-charge investigator; and
9) Time/date, the case was turned over to the investigator in-charge.

And will also conduct an exhaustive investigation, starting with the witness if victims was dead, search for other witnesses, interview doctors at the hospital and
the medical officer at the morgue to learn the cause of death; seek information to identify more the victim, and search for voluminous facts to solve the case.

c. Organize the Facts

Paragraphing is the vital link in a well organize report. Hence, all facts which are related to a particular situation will be presented chronologically in paragraph.
Presented hereunder are the three essentials of the narrative. It serves as a guide in paragraph construction and sequence presentation of ideas;

Setting:
a. When? – Time and date of occurrence
b. Where? – Place of occurrence – crime scene
Characters:
 a. Who? – Persons involved in the crime
Victim
Suspects
Witness
Action:
a. What?- Nature of Crime
b. Why?- Motive
c. How? – Modus Operandi

d. Writing the Report

They explained that when writing a reports, it must be simple, definite, specific and factual. In composition, essay or other kinds of writing can be imaginary or
inferred or can be optionated. Inference based on reasoning while opinion is a personal beliefs. Its sentence structure can be long with nice beautiful, high-sounding words –
flattering but may mean nothing.

Example:
The victim lying on the ground is an unidentified female in her sweet sixteen, with an angelic face and shapely body. IT is most unfortunate that he merciless killer
stabbed her on her freshly blossoming breast.

On the other hand, a police report writing is written in a simplest declarative sentence styling . Its diction is devoid of wordiness. One idea in one paragraph. It is
factual.

Example:
The victim is female, about 16 years old, oval shape face, light-brown complexion, about 1051lbs.? about 5’2” tall. She was stabbed on her left breast by and
unknown assailant.

e. Evaluate the Report

Evaluation of a police reports follow an integral ingredients and two procedures:

(1) Editing – the process of examining the content of the report.

(2) Proofreading – is scrutinizing the form of the report with respects to its mechanics. Clerical errors, misspelled and others.

VI. Criteria/principles of Effective Report Writing

1. CLARITY – use of simple words/terms not high or impressive words that requires the reader to consult the Webster.

Before you start to write, always decide what the exact purpose of your reporting; and make sure that every paragraph, every sentence, every word, make a clear
contribution to that purpose and make it at the right time.

How?
a. Avoid impressive expressions

Big Words vs Simple Words

Magnitude Size
Accumulate Gather
Commence Begin

b. Avoid an unwitting language transfer

Example: He will give you a ring at past 5 p.m. ( the word “ring” causes ambiguity.

c. Avoid illiteracy – misuse of language

 Use of correct grammar
 Correct abbreviations
 Use of punctuations

Example: Use of their possessive pronoun:

1) From there – referring to a place

2. ACCURACY – precision, exactness as it serves the purpose.

Example: Ten (10) KIA, One Hundred (100) M-16 Armalite Rifles, Five Hundred (500) Armalite Live ammunitions.

3. BREVITY – avoid duplication/redundancy, short, concise. Saying much in few words.

Always have in mind a specific reader, either real or imaginary when you’re writing a report and always assume that he is intelligent but uniformed. That the
language used must be concise and there is shortness in duration.
Example: “New” recruits; “True” facts; “True” lies; “were” as follows.

Wordy Brief

At a period of time when When

At this present writing Now
Due to the fact that Because
In this time and age Today

4. SPECIFICITY

Use language that is simple, definite, specific, accurate, factual and familiar. Make sure that you write the essential ingredients of the report. Avoid too long
discussion as long as you have the express the real incident in the case.

Example: An automobile – this is wrong. It should be . . . 1990 Toyota Corolla colored red with license plate number ABT 007.

5. ATTRACTIVITY

Make your report attractive (neat, clean and arranged/formatted), the reader will have an interest looking/reading it.

6. PROPER FORM OF REPORT WRITING

a. Proper Capitalization
b. Proper Abbreviation
c. Proper punctuation
d. Proper Indention
e. Proper Spelling
7. It must be presented on Schedule – submitted promptly on time

Query: How to know police correspondence?

Answer: a. Correct English
b. Principles of effective report writing

Query: Why is there a need to learn correct English?

Answer: People will question our intelligence, and competence.

Query: How to improve knowledge of Good English?

Answer:
a. Admit your deficit in English
b. Exercising effort to improve your English grammar and writing.

VII. CONSIDERATIONS IN THE PREPRATION OF AN INVESTIGATIVE REPORT

1. Sentence Structure

Sentence – a group of words having a subject and predicate expressing a complete thought.

Example: The suspect accused the arresting officer of kicking him.

a) Police Sentence – is the same as any common grammatically structured narrative sentence with the usual subject, predicate and verb. The only deviation
is the use of police words, phrases, and other terminologies without being too technical, legal and vulgar.

b) Correctness in the Sentence – it is necessary to pay special attention to the key words:
 Verbs
 Pronouns
 Adjectives
 Adverbs

2. Selection and use of words

a) Vocabulary – a stock of words used in a language by a individual are in relation to a subject.

b) Dictation – means the correct choice of words though selecting the exact, precise, definite objectives of words to convey a meaning.

3. Paragraph Construction

a) Paragraph – is a sentence or a group of properly related ideas or sentences expressing a single idea.

b) Introductory Paragraph – is commonly the first paragraph in the investigative report which objective is to readily point out the reader the main point.

Characteristics of a Paragraph:
(1) Write Short Paragraph – if the ideas are presented in similar units, the reader of the report can easily follow the events from one sentence to
another.

(2) Give your Reader a Rest – voluminous and exhaustive an investigative report maybe, if the reporter can give his reader a period of rest.

(3) Recapture your Reader’s Attention – after giving a rest in between paragraphs he should not let her/him asleep. Instead he must recaptured his
interest

1. The Topic Sentence – is the first sentence immediately at the beginning of the next or ensuing paragraph. Importantly, in investigative report

2. The Linking Word- in order to hold the attention of our readers, the order of presenting the ideas in each paragraph must be in sequence. This is a
complied by the use of linking words and phrases, bridging the ideas of a previous paragraph wherein the reader can look back at the proceeding
sentence or forward to the forthcoming sentence of the next paragraph.

4. Spelling – spelling mistakes might cause your reader to think you’re careless or stupid. Correct spelling in important not only for impression but also for accuracy. A
misspelled name, for example may cause serious problems in future investigation in the case.

5. Homonyms - is a word that sounds like another word but has a different meaning and spelling.
Ex. Aisle- a passageway between rows of seats / Isle- an island
Altar- a place of worship/ Alter- to change

6. Division of Words – technically, the improper division of words is not an error in spelling. Nevertheless, a mistake committed makes the reader of there port
confused with the impression that the word has been misspelled
Ex. Sus- pect sui- cide mur - der

7. Capitalization and Numbers – some writers have the tendency to over capitalize the objectives to emphasize.
Ex. This is a Case of Murder wherein the victim was Maria Malas, 23 years, single, Flight Stewardess of the Philippine Airlines, residing at Calachuchi
Road, Fairview Park, Quezon City.

NUMBERS- or numerals are used except at the beginning of a sentence

Ex. Sixteen prostitutes, whose ages were from 13-16 years were arrested by the police.

8. Abbreviations - in order to conserve energies and space, the use of some abbreviations are allowed. However clarity should not sacrificed for brevity and using
abbreviations must confined only to those words of common usages and widely accepted locally or internationally. However in actual report writing we limit the use of
abbreviation to titles, addresses, time and name of agencies referred to as initials.

Ex. We use e.g. to show examples

We use i.e. to make an explanation

9. Punctuations – is a customary little marks that determine whether a sentence is clear or has doubtful meaning.

a. Aim of Punctuation - to make the report as clear as possible

b. Purposes of Punctuation are:
-To separate the written matter to sentence
-To subdivide into word groups.
-To let your reader know that you have written your report for his convenience

* Kinds of Punctuation

a) Period- use at the end of a declarative or an imperative sentence

b) Question Mark- use after a question or after that part of sentence which ask question
 c) Exclamation Mark- use after an expression of surprise or strong feeling or emotion

d) Comma -used before coordinating conjunctions (and, but, or….) which joins two separate independent clauses.

e) Semicolon- use between two independent clause of a compound sentence when conjunctions such as and, but, not, for, yet, and so are omitted.

f) Colon- use to introduce a list or summarizing word, phrases or clauses.

g) Quotation Mark- use to set off the exact word spoken or written by other person.

h) Apostrophe – use to show possession

i) Parenthesis- use when numerals are placed in formal enumeration within the sentence

j) Hyphen- use with compound numbers

VII. KINDS OF INVESTIGATIVE REPORTS:

1. Spot Report or Incident Report – It must be prepared and submitted immediately after the preliminary investigation of the incident had been done. It must
briefly answer the cardinal principles of investigation. It shall serve as information of the immediate senior officer of the unit for several purposes, such as:
a. His consumption for an intelligent and responsive decision or plan of action
b. Responses to inquiries by higher officers
c. Responses to inquiries from the media

2. Initial Investigation Report – It consist a brief narration of the facts of the incident answering the cardinal principles of investigation and
enumerating/identifying related found/collected pieces of evidence. It will serve as basis for the incoming investigator to push through or continue with the investigation or
follow – up of the case.

3. Progress Investigation Report – It consist narrative reports of progress as a result of the continuing process of investigation; it may or may not repeat what has
been reported in the initial investigation report unless it shall present a more detailed or references to the new established facts of the case. It shall have the following parts:

I. Authority: It contains the Complaint Number and Case Number (this is observed in bigger police stations) ; or the Police Blotter Entry Number; or
upon whose instructions the investigation has been proceeded.

II. Matters Investigated or Matters to be Investigated – It shall state the nature of the offense, identities of victim/s, their personal data and addresses,
time and place of incident and the identity/ies of the perpetrators, if known.

III. Facts of the Case – It shall state the essential narration of the facts and circumstances together with related and competent testimonies and pieces of
identified and marked physical evidences. Status of victims, arrested suspects and evidences.

IV. Discussion – It contains related laws violated that would probably establish a prima – facie case against the accused and that complainant/victim has
sufficient grounds to establish proof of the accusation or complaint.

V. Summary/Findings – A concise findings as a result of the investigation premised on the Discussion.

VI. Recommendations – It shall contain what the investigator believes the case must be after a careful perusal of the facts, circumstances and evidence
gathered.
Note:

Investigative Reports must contain the annexes identified in the report, such as:

a. Sworn Statement of victim or witnesses;

b. Affidavits of Witness/es or Arresting Officers
c. Arrest Reports, if any;
d. Receipts, if any;
e. Letter requests for referrals or examinations to other agencies;
f. Medico-legal Certificates or Death Certificate as the case maybe; and
g. Any other documents that has relation with the investigation of the case.

SWORN STATEMENT TAKING

1. Concept of Sworn Statement

One of the stages of an investigative process where the facts, incidents and circumstances are recalled and narrated by a person who has personal knowledge
surrounding the commission of the offense under investigation. It serves as a permanent record.

Appropriate tools and related requirements are used by an investigator in order that justice prevails.

Sworn Statement – it is a narration of facts and circumstances surrounding the commission of a crime, the declarant have knowledge thereof. The questions are
propounded exhaustively and controlled by the investigator in order to establish complete information the declarant has to say. All answers to the questions must not be
in an implied manner, meaning, the answer of “Yes” or “No” must be avoided.

Affidavit – is a narration of facts prepared by the Affiant himself of what he believes about an incident. This is often considered self – serving meaning it is “one – sided”
or beneficial only to the Affiant himself. To test personal knowledge – the Affiant must be subjected to cross-examination before the court or any administrative body that
has jurisdiction over the case under scrutiny.

Deposition – It is information from a deponent in answer to interrogatories from both parties of the case under the order of a court or body handling the case.

II. Significance of Sworn Statement

a. Narrative facts and circumstances

b. Establish the prohibited act
c. Presents the evidences and testimonies
d. It identifies the relief sought

III. Who are Real Parties in Interest?

They are the party who stands to be benefited in the suit or the party entitled to the avails of the suit.

a) Plaintiff (civil)/Complainant (criminal) – those having intent in the subject matter of the action or in obtaining the relief demanded.

b) Defendant (civil)/Accused (criminal) – persons who claim an interest in the controversy necessary to complete the determination or settlement of the questions
involved therein.

IV. What is a complaint?

 a. A sworn statement/affidavit
b. charging a person of an offense
c. subscribed by the offended party, any peace officer or other public officer charged with the enforcement of the law violated.

Who can file a complaint?

a. Offended party
b. Any peace officer
c. Other public officers charged with the enforcement of the law violated

Purposes of a complaint or information?

a. To inform the accused of the nature and cause of accusation against him.
b. To notify the accused of the criminal acts imputed to him so that he can duly prepare his defense.
Characteristics of a Sworn Statement:

a. It must be clear – use of simple and easily understood terms or words.

b. Accurate – exactness of descriptions; truth, fairness and consistent
c. Brief – concise but complete, unified and coherent facts
d. Specific – use of exact numbers, physical features, relevant, pertinent and material information
e. Chronological presented
f. Alignment, spacing, numbering, etc.
g. Good grammar construction

V. What is the constitutional requirement in taking Sworn Statements or Affidavits/Depositions?

a. Miranda Doctrine (Sec. 12, Art. III of the 1987 Phil. Constitution
b. RA No. 7438
c. Use of humane and good rapport
d. Appropriate dialect, language

VI. Sworn Statements Taking/Affidavits/Depositions, HOW?

a. Investigator taking down the sworn statement of the witness or victim must have a complete idea or information about the facts of the case;

b. Establish an atmosphere of “breadth of interest”

c. Begin the investigation with an interview or preliminary conversation. The purpose is to determine whether or not the witness has knowledge about the incident.

d. Questions using the Five (5) W’s and l H must not be limited to one or two questions when the situation requires adapting several questions especially when the declarant
appears to be giving a partial answer.

d. Questions must be exhaustive; meaning no cloud of doubt must be left unearthed.

e. Investigator must be guided with the different requisites or elements of the crime as basis for the questions to be propounded.

f. Never ask the declarant vague and long questions.

g. The questions propounded must be sequential according to the chain of events the declarant has narrated.

h. Questions raised must be simple and in the dialect spoken and understood by the declarant.

i. Sometimes, intentional mistakes done by the investigator as an strategy is allowed in order that declarant shall make the necessary corrections and consequently shall serve as
proof that declarant has proofread it. This is allowed provided no thoughts shall have been included except those that declarant has narrated.

j. The use of profane and deceiving tactics in the process is not allowed and must be avoided.

k. After the taking of the sworn statement, the declarant must be instructed to read his sworn statement and make necessary corrections, if any. Sign it and to subscribe the
same before an officer allowed by law to administer oath, otherwise the sworn statement shall be considered a mere scratch of paper.

l. If a relative is around, the relative can sign as a witness to the taking of the sworn statement.

VII. Glossary

1. Admissibility – allowed by the rules because it is relevant and material.

2. Affidavit – personal narration of facts by an affiant
3. Alibi – claim that he was elsewhere at the time of crime
4. Annexes – attachments before it being presence in evidence
5. Burden of Proof – obligation to establish proof
6. Credibility – not wanting of any contrary; unobjectionable; it is evaluated after the evidence given
7. Competence – credibility of a witness based on his observation of the subject matter he is testifying about. It determined before evidence is given.
8. Complaint – (SS, charging a person of an offense & subscribed)
9. Corpus Delicti – commonly termed as the body of the crime or the essential elements of the crime.
10. Direct Evidence – evidence which is in itself, if true, conclusively establishes a fact in issue and directly identifies the culprit.
11. Discernment – mental capacity to fully appreciate the consequences of an unlawful act.
12. Evidence – testimony, writings, material objects or other things presented to the senses that are offered to prove the existence or non-existence of a fact.
13. Exhibits – all physical and documentary evidences offered and marked during trial
14. Facts or circumstances – these events or incidents
15. Identity – proof of a person’s identity as being the individual alleged in the accusatory pleading.
16. Material – if it is so important or substantial, properly influencing the outcome of the trial, directed to prove a fact in issue.
17. Personal Knowledge – the test is recollection of what has been observed
18. Presumption – the inference of one fact from the existence of a related fact
19. Prima-facie Evidence – sufficient to establish truth
20. Proof – is the effect or result of evidence
21. Relevance – is the connection between a fact offered in evidence and the issue is proved. Establishes probability or improbability.
22. Relief – what is prayed for (actual, exemplary, etc.)
23. Situs Delicti – (venue) place or area in which a crime was committed
24. Witness – a person who has information about the issue subject of investigation

COURT DUTIES

A. The Investigator’s Role in the Judicial Process

 The ultimate goal of a criminal investigation is determining the truth – the facts that will establish the innocence or guilt of people related to a crime. Here, as in all
other phases of criminal investigation, objectivity, accuracy and thoroughness are essential.

Investigators are responsible for preparing cases for court and presenting testimony in court. Their role is critical in the quest for justice. From the receipt of the
initial complaint to court appearance, investigators play a key role in a criminal justice system.

B. Four (4) Areas of Concern for being a Good Witness:

 The quality and completeness of your original notes and report.

 The pretrial conference and deposition
 Courthouse behavior.
 Personal appearance and demeanor.

C. The Non-prosecution of Criminal Cases maybe cause by:

1. The complaint is invalid. (unfounded)

2. The prosecutor declines after reviewing the case.
3. The complainant refuses to prosecute.
4. The offender dies.
5. The offender is in prison or out of the country and cannot be returned.
6. No evidence or leads exist.
A. To prepare a case for Prosecution - To prosecute the case, more than “Probable
cause” is required. The prosecution must prove the case beyond a reasonable doubt the degree of proof necessary to obtain a conviction. To do so, the prosecution must
know what evidence can be introduced what witnesses will testify, the strengths and weaknesses of the case and the typed of testimony police investigators can supply.

1. Review and evaluate all evidence, positive and negative - Concentrate on proving the elements of the crime and on establishing the offender’s identity.

2. Review all reports on the case – Review all written reports done during the completion of the investigation.

3. Prepare Witnesses – Re - interview witnesses to refresh their memories. Read their previous statements to them and ask if this is the evidence they will present
in court.

4. Prepare the Final Report – It contains the:

a. The Complaint – Include a copy of the original complaint received by

the police dispatcher and complaint desk. This should include the date and time of the complaint, location of the incident, brief details, times when
officers were dispatched and the names of the officers assigned to the initial call.

b. The Preliminary Investigation Report – The report of the officer’s

initial investigation at the crime scene provides essential information on time of arrival, lighting and weather conditions, what was observed at the
scene and immediate and subsequent actions taken by officers responding to the call.

c. Follow – up Reports – Assemble each contact and follow – up report

in chronological order, presenting the sequence of the investigation and the pattern used to follow leads.

d. Statements, Admissions and Confessions – Include the statements of

all witnesses interviewed during the investigation. If written statements were not obtained, report the results of oral interviews with witnesses.

e. Laboratory Reports – Assemble laboratory results in one segment of

the final report. Make recommendations on how these results relate to other areas of the report.

f. Photographs, Sketches and Drawings – Include photographs, sketches

and drawings of the crime scene to show conditions when officers arrived and what evidence was available.

g. Summary of Negative Evidence – Include a summary of all negative

evidence developed during the investigation. Statements of witnesses claiming that the suspect was elsewhere at the time of the crime are
sometimes proved false, but the prosecution must consider such statements and develop a defense. If information exists that the crime was
committed by the suspect but that it was done in self – defense or accidentally, state this in the report. Include all recognizable weaknesses in proving
the corpus delicti or the offender’s identity.

2. Hold a pre-trial conference with the prosecutor to

a. Review all the evidence
b. Discuss the strengths and weaknesses of the case
c. Discuss the probable line of questioning by the prosecutor and the defense

3. Final Preparations – Shortly before the trial, again review your notes and your
final report. Take with you only those notes you want to use in testifying. Check to be certain that the physical evidence is being taken to the courtroom and will be
available for the prosecuting attorney when needed. Also make sure that laboratory technicians are available to appear when they are required

a. Know which courtroom you’ll be testifying.

b. Do not discuss anything about the case in public or where your conversation may be overheard.
c. Treat people with respect, as if they are the judge, or juror in your cases going to trial.
d. Do not discuss your personal life, official business, biases, prejudices, likes and dislikes or controversial subjects in public.
e. Judges and attorneys have little patience with officers appearing in court late, so be on time. Know when you will be expected to be called to
testify.
f. Dress appropriately. Look businesslike and official. If in uniform, it should be clean, neat, and complete. If not in uniform, a sport coat and slacks are
as appropriate as a business suit.
g. Avoid contact with the defense counsel and any defense witnesses before the trial. Assume that they will try to get you to say something about the
case to their advantage.

F. Trial - The main participants in the trial are:

1. Judge – presides over the trial, rules on the admissibility of the evidence and procedures, keeps order in the court, interprets the law and passes sentence if the
defendant is found guilty.

2. Prosecutor – controls the prosecute of the criminal case and represent the state in prosecuting the law violated.

3. Legal Counsel – presents the defense evidence before the court.

4. Complaining Witness (victim) – Testifies and establish proof that a law has been violated, there was an intrusion to his/her constitutional rights and that the
defendant is liable thereof.

5. Defendant – may or may not take the witness stand.

6. Witnesses –persons who present the facts personally known to them.

G. Sequence of a Criminal Trial – The trial begins with the case being called from the court docket. If both the prosecution and the defense are ready, the case is presented
before the court.
 The sequence in a criminal trial is as follows:

1. Opening statements by the prosecution and the defense

2. Presentation of the prosecution’s case
3. Presentation of the defense’s case
4. Closing statements by the prosecution and the defense
5. Judge deliberation to reach a verdict
6. Reading of the verdict (Acquittal or passing of sentence)

Direct Examination – is the initial questioning of a witness or defendant by the lawyer who is using the person’s testimony to further his or her case.
Cross – Examination – is questioning by the opposing party for the purpose of assessing the validity of the testimony.

H. Testifying under Direct Examination – As witness, what is at stake is your credibility, professionalism, competence, judgment, conduct in the field, adherence to official
policies, observance of defendant’s rights and knowledge.

1. Inadmissible statements are:

a) Opinion (unless the witness is qualified as an expert)

b) Hearsay
c) Privileged communication
d) Statements about character and reputation, including the defendant’s past criminal record.

2. Guidelines for Effective Testimony:

a) Speak clearly, firmly and with expression

b) Answer questions directly. Do not volunteer information.
c) Pause briefly before answering
d) Refer to your notes if you do not recall exact details
e) Admit calmly when you do not know an answer
f) Admit any mistakes you make in testifying
g) Avoid police jargon, sarcasm and humor
h) Tell the complete truth as you know it

What are nonverbal factors? – This pertains to the appearance, look and movements an officer appears in court, this includes: dress, eye contact, posture, gestures, distance,
mannerisms, rate of speech and tone of voice.

I. Strategies for Excelling as a Witness – Ten (10) Commandments of Courtroom Testimony:

1. Relax and be yourself
2. Answer only questions that are before you
3. Refer to your report only when allowed
4. Paint the scene just as it was
5. Be ready to explain why you are remembering details in court if they are not in your report.
6. Avoid jargon or unduly difficult language
7. Avoid sarcasm
8. Maintain your detachment
9. You don’t need to explain the law
10. Explanation of what you said is possible on rebuttal.

* Expert Testimony, must:

1. Present or prior employment in the specific field

2. Active membership in a professional group in the field
3. Research work in the field
4. An educational degree directly related to the field
5. Direct experience with the subject if not employed in the field
6. Papers, treaties or books published on the subject or teaching experience in it.

J. Testifying under Cross – Examination - Cross – examination is usually the most difficult part of testifying. The defense attorney will attempt to cast doubt on your direct
testimony in an effort to win an acquittal for the defendant. During cross –examination the defense attorney might:

1. Be disarmingly friendly or intimidating rude

2. Attack your credibility and impartiality
3. Attack your investigative skill
4. Attempt to force contradictions or inconsistencies
5. Ask leading questions or deliberately misquote you
6. Ask for simple answer to a complex question
7. Use a rapid – fire questioning
8. Use the silent treatment

K. Concluding Your Testimony – Do not leave the stand until instructed to do so by the counsel or court. As you leave the witness stand, do not pay special attention to the
prosecution, defense counsel, or defendant. Return immediately to your seat in the courtroom or leave the room if you have been sequestered. If you are told you may be
needed for further testimony, remain available. If told you are no longer needed, leave the courtroom and resume your normal duties/activities. To remain gives the impression
you have a special interest in the case.

L. Summary

To prosecute or not to prosecute is often a question. Some cases are never prosecuted because the complaint is invalid, it is exceptionally cleared, or no evidence
or leads exist. If the decision is made to prosecute, thorough preparation is required.

Checklist - Presenting the case in court

 Have all reports been reviewed?

 Have all reports been organized for presentation to the prosecutor?
 Has all evidence been located and made available for court presentation?
 Has all evidence been examined by competent laboratories and results obtained? Are copies of the reports available?
 Have all known leads been developed?
 Have both negative and positive information been submitted to the prosecuting attorney?
 Has all arrest information been submitted?
 Has a list of witnesses been prepared? Addresses? Telephone Numbers?
 Has the final report been assembled? Are their copies of investigators’ reports? Photographs? Sketches? Evidence? Lab reports? Medical Examiner reports?
Statements? Confessions? Maps? All other pertinent information?
 Has a pre-trial conference been held with the prosecutor’s office?
 Have all witnesses been reinterviewed? Notified of the date and time of the trial?
 Have all expert witnesses been notified of the date and time of the trial?
 Have arrangements been made to have the evidence taken to the court?
 Have notes needed for testimony been removed from your notebook?
 Is your personal appearance professional?
 CRIME SCENE INVESTIGATION

Learning Outcomes:
1. Understand the concept of crime scene investigation
2. Recognize the importance of different method of investigation
3. Analyze the methods used and role of SOCO team as part of crime scene investigation

Pre-Test: Identify the word or group of words being referred to by the statements.
1. The physical location where a suspect either commits an illegal act or leaves physical evidence of such act
2. May be defined as the recognition, identification, comparison and evaluation of physical evidence by application of the natural sciences.
3. In this method, the area is blocked out in the form of a rectangle. The three (3) searchers, A,B, and C proceed slowly at the same pace along, paths parallel to one side of the
rectangle.
4. In this method, one searcher is assigned to each subdivision of a quadrant, then each quadrant is cut into another set of quadrants.
5. Is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact?
6. The methodology involving the systematic searching, handling, distribution, and accountability of all evidence found at the crime scene.
7. This gives picture of the scene, the crime and its environs, including such items such as neighboring buildings, roads leading to the location or house. In arson cases, it aids in
determining whether the fire was cause by nearby inflammable property.
8. The use of scientific methods, physical evidence, deductive reasoning and their interrelationships to gain explicit knowledge of the series of events that surround the
commission of a crime.
9. Person that Assume control of the crime scene. Ensure the safety of personnel as well as the victim and offenders caught in the scene and secure the crime scene from
kibitzers.
10. Measurements at right angles from each of two walls

BASIC ELEMENTS OF
INVESTIGATING CRIME SCENE

Before a criminal investigation be true, it should include its elements such as recognition, collection, preservation, evaluation and presentation (RCPEP) in the
court.

 Recognition involves the efforts of identifying data, including physical things that may provide relevant information regarding the criminal case being investigated.
That is why recognition is otherwise known as identification stage of investigation.

 Collection, which refers to the act of gathering those identified data or facts, or physical things that are significant to the case under investigation. Collection maybe
done by scraping the bloodstains found at the crime scene, interviewing the neighbor who saw the burglary, or examination of drug dealer’s bankbook.

 Preservation. It is a function that is almost simultaneously performed during the collection stage. It includes act of keeping the collected evidences in their true and
original for, preventing contamination or destruction of its substantive value. Preservation does not only involve the process of packaging physical evidences in order that they
can be safely transmitted to the evidence custodian or to the crime laboratory. It covers the process of maintaining the objectivity of facts or information that has been gathered
from the testimony of witnesses, victims or other persons 0involved in the criminal case.

 Evaluation is the process of determining the probative value of the evidence.

Probative value refers to the strength of the evidence or its worth/weight in successfully establishing a proof that a crime has in fact
been committed and that the suspects/accused is the one who is responsible for it.

 Presentation is the function that is primarily manifested inside the courtroom. The investigator, with the help of the prosecutor, must be able to present facts and
information in a very simple and convenient manner in order to convince the court and other parties involved in the criminal case about the validity and truthfulness of the
evidences they are trying to prove or establish

THE CRIME SCENE: the place to search for evidence

= The physical location where a suspect either commits an illegal act or leaves physical evidence of such act.

= The location at which a suspected criminal offense has occurred.

TRANSMITTAL OF EVIDENCE TO CRIME LABORATORY

= Proper handling of physical evidence is necessary to obtain the maximum possible information upon which scientific examination shall be based, and to prevent
exclusion as evidence in court. Specimens which, truly represents the material found at the scene, unaltered, unspoiled or otherwise unchanged in handling will provide more
and better information upon examination.

PRINCIPLES TO BE OBSERVED IN HANDLING ALL TYPES OF EVIDENCE

1. The evidence should reach the laboratory as much as possible in same condition as when it is found.
2. The quantity of specimen should be adequate. Even with the best equipment available, good results cannot be obtained from insufficient specimens.
3. Submit a known or standard specimen for comparison purposes.
4. Keep each specimen separate from others so there will be no intermingling or mixing of known and unknown material. Wrap and seal in individual packages when necessary.
5. Mark and label each piece of evidence for positive identification as the evidence taken from a particular location in connection with the crime under investigation.
6. The chain of custody of evidence must be maintained. Account for evidence from the time it is collected until it is produced in court. Any break in this chain of custody may
make the material inadmissible as evidence.

PROCEDURE AT THE CRIME SCENE

1. Upon arrival at the crime scene

a. Record time/date of arrival at the crime scene, location of the scene, condition of the weather, condition and type of lighting, direction of wind and visibility.
b. Secure the scene by installing the crime scene tape or rope (police line).
c. Before touching or moving any object at the crime scene, determine first the state of the victim, whether he is still alive or already dead. If the victim is alive, the investigator
should exert effort to gather information from the victim himself regarding the circumstances of the crime; while a member of the team or someone must call an ambulance
from the nearest hospital. After the victim is removed and brought to the hospital for immediate attention, measure, sketch, and photograph. Only a coronal or a medical
examiner shall remove the dead body unless unusual circumstance justifies its immediate removal.
d. Designate a member of the team or summon other policemen or responsible person to stand watch and secure the scene, and permit only this authorize person to enter the
same.
e. Identify and retain for questioning the person who first notified the police, and other possible witnesses.
f. Determine the assailant through inquiry or observed him if his identity is immediately apparent. Arrest him if he is still in the vicinity.
g. Separate the witness in order to get independent statements.

The initial responding officer should:

1. Establish boundaries of the scene, starting at the focal point and extending outward to include:
a. Where the crime occurred.
b. Potential points and paths of exit and entry of suspects and witnesses.
c. Places where the victim/evidence may have been moved.
2. Set up barriers (e.g. ropes, cones, crime scene barrier tape, available vehicles, personnel, other equipment) or use existing boundaries (e.g. doors, walls, gates).
3. Document entry/exit of all people entering and leaving the scene, once boundaries have been established.
4. Control the flow of personnel and animals entering and leaving the scene to maintain integrity of the scene.
5. Effect measures to preserve/protect evidence that may be lost or compromised (e.g. protect from the elements like rain, snow or wind and from footsteps, tire tracks,
sprinklers).
6. Document the original location of the victim or objects that you observe being moved.
7. Consider search and seizure issues to determine the necessity of obtaining consent to search and/or obtaining a search warrant. Establish boundaries as a critical aspect in
controlling the integrity of evidentiary material.

SEARCHING FOR EVIDENCE

1.Each crime scene is different according to the physical nature of the scene and the crime or offense involved. Consequently, the scene is processed in accordance with the
prevailing physical characteristics of the scene and with the need to develop essential evidentiary facts peculiar to the offense. A general survey of the scene is always made,
however, to note the location of the obvious traces, the probable entry and exit points used by the offenders and the size and shape of the area involved.

2. In rooms, buildings, and small outdoor areas, a systematic search of evidence is initiated. (In the interest of uniformity, it is recommended that the clockwise movement be
used). The investigator examines each item encountered of the floor, walls, and ceiling to locate anything that maybe of evidentiary value. You should:

a. Give particular attention to fragile evidence that may be destroyed or contaminated if it is not collected when discovered.
b. If any doubt exists as to the value of an item, treat it as evidence until proven otherwise.
c. Ensure that the item or area where latent fingerprints may be present is closely examined and that action is taken to develop the print.
d. Carefully protect any impression of evidentiary value in surfaces conducive to making casts or molds. If possible, photograph the impression and make a cast or mold.
e. Note stains, spots and pools of liquid within the scene and treat them as evidence.
f. Treat as evidence all other items, such as hairs, fibers, and earth particles, foreign to the area in which they are found e.g. matter found under the victim’s fingerprints.
g. Proceed systematically and uninterruptedly to the conclusion of the processing of the scene. The search for evidence is initially completed when, after a thorough examination
of the scene, the rough sketch, necessary photograph and investigative notes have been completed and the investigator has returned to the point from which the search began.
Further search may be necessary after the evidence and the statements obtained have been evaluated.

3. In large outdoor areas, it is advisable to divide the are into strips about four (4) feet wide. The policeman may first search the strip on his left as he faces the scene and then
the adjoining strips.

4. It may be advisable to make a search beyond the area considered to be the immediate scene of the incident or crime. e.g., evidence may indicate that a weapon or tool used
in the crime was discarded or hidden by the offender somewhere within a square-mile near the scene.

5. After completing the search of the scene, the investigator examines the object or person actually attacked by the offender. e.g. a ripped safe, a desk drawer that has been
pried or a room from which items have been stolen, would be processed after the remainder of the scene has been examined for traces of the offender. In a homicide case, the
position of the victim should be outlined with a chalk or any other suitable material before the body is removed from the scene. If the victim has been pronounced dead by a
doctor or is obviously dead, it is usually advisable to examine the body, the clothing and the area under the body after the remainder of the scene has been searched. This is to
enable the policeman/investigator toe valuate all objects of special interest in the light of all other evidence found at the scene.

METHODS OF SEARCH

1. STRIP SEARCH METHOD = In this method, the area is blocked out in the form of a rectangle. The three (3) searchers, A,B, and C proceed slowly at the same pace along, paths
parallel to one side of the rectangle. When a piece of evidence is found, the finder announces his discovery and the search must stop until the evidence has been cared for . A
photographer is called, if necessary. The evidence is collected and tagged and the search proceeds at a given signal. At the end of the rectangle, the searchers turn and proceed
along new lanes.

2. THE DOUBLE STRIP OR GRID METHOD OF SEARCH = a modification of the strip search method. Here, the rectangle is traversed first parallel to the base then parallel to the
side.

3. SPIRAL SEARCH METHOD = In this method, the three searcher follow each other along the path of a spiral, beginning on the outside and spiraling toward the center.

4. ZONE SEARCH METHOD = In this method, one searcher is assigned to each subdivision of a quadrant, then each quadrant is cut into another set of quadrants.

ZONE SEARCH METHOD

5.WHELL SEARCH METHOD = In this method of search, the area is considered to be approximately circular. The searcher, gathers at the center and proceed outward along radii
or spokes. The procedure should be repeated several times depending on the size of the circle and the number of searchers. One shortcoming of this method is the great
increase in the area to be observed as the searchers depart from the center.

COLLECTING EVIDENCE = This is accomplished after the search is completed, the rough sketch finished and photographs taken. Fragile evidence should be collected as they are
found. All firearms found to have tampered serial numbers (SNs) shall be automatically subjected to macro etching at the PNP Crime Laboratory (PNP-CL). A corresponding
report to the Firearms and Explosive Office (FEO) must be made for verification purposes. In the collection, the investigator should touch the evidence only when necessary.

REMOVAL OF EVIDENCE

1. The investigator places his initials, the date and time of discovery on each item of evidence and the time of discovery on each item evidence for proper identification.

2. Items that could not be marked should be placed in a suitable container and sealed.

PRESERVATION OF EVIDENCE = It is the investigator’s responsibility to ensure that every precaution is exercised to preserve the physical evidence in the state in which it was
recovered/obtained until it is released to the evidence custodian.

1. MAINTAINING PHYSICAL INTEGRITY OF EVIDENCE

a. Photographing = As evidence is discovered at the scene, it should be photographed before being touched.

Purposes:
1. It serves as a permanent record of the object in the event subsequent handling alters or destroys it

2. It gives opportunity for the judge to examine evidence which is too dangerous, burdensome or impractical to produce in court.

3. It gives an opportunity for the investigator to review physical evidence in the case without handling the actual objects.

b. Packaging = Physical evidence should be packed in order to prevent loss, tampering, breakage or deterioration. Clean bottles, envelops, bags and other
containers properly sealed will accomplish this purpose.

2. MAINTAINING LEGAL INTEGRITY OF EVIDENCE

a. Identification of evidence= In order to have evidence admitted in court, the officer who originally discovered the evidence must identify the items as the
same object found at the scene.

b. Marking of evidence= The investigator generally writes or scratch the following on each item of evidence collected:

1. Name or initial of the individual collecting the evidence

2. Dates of item was collected and transferred
3. Case number, and type of crime
4. Victim’s or suspect’s name
5. Brief description of the item
 c. Tagging of evidence = Objects that are not suitable for marking might be tagged. A paper tag firmly affixed to the item of evidence can serve as a basis for
alter identification.

= Any physical evidence obtained must be tagged before its submission to the evidence custodian.

d. Sealing of evidence = Placing articles of evidence in a paper or plastic container and sealing it with a tape ensures the object is not improperly handled and
preserves both the legal and physical integrity of evidence. A slip of paper with the appropriate identifying information is either enclosed in the package or
affixed outside.

EVALUATION OF EVIDENCE = Each item of evidence must be evaluated in relation to all the pieces of evidence, individually and collectively.

CHAIN OF CUSTODY OF EVIDENCE = a process used to maintain and document the chronological history of the evidence. Documents should include name or initials of the
individual collecting the evidence, each person or entity subsequently having custody of it, dates the items collected or transferred, agency and case number, victim’s or
suspect’s name, and a brief description of the item.

= The methodology involving the systematic searching, handling, distribution, and accountability of all evidence found at the crime scene. The documentation of
every article of evidence, from the point of initial discovery at the scene, to its collection and transport to the point of examination, its temporary storage and final disposal.

SKETCHING THE SCENE

POINTS TO CONSIDER

1. To establish admissibility, the investigator must have personal observation of the data in question. In other words, the sketch must be sponsored or verified.
2. REMINDER: Sketches are not a substitute for notes or photos; they are but a supplement to them.
3. Types of sketches

a. Floor plan or “bird’s eye-view”

b. Elevation drawing
c. Exploded view
d. Perspective drawings
4. Write down all measurements.
5. Fill in all the details on your rough sketch at the scene. Final sketch may be prepared at the
office.
6.Keep the rough sketch even when you have completed the final sketch.
7. Indicate the NORTH direction with an arrow.
8. Draw the final sketch to scale
9. Indicate the PLACE in the sketch as well as the person who drew it. Use the KEY capital letters of the alphabet for listing down more or less normal parts or accessories of the
place, and numbers for items of evidence.
10. Indicate the position, location and relationship of objects.
11.Methods or systems of locating points/objects on sketch:

a. Rectangular coordinates = measurements at right angles from each of two walls.

b. Coordinates constructed on transecting base line. Chose relatively fixed points
for your base line.
c. Triangulation = Measurements made from each of two fixed objects to the point
you want to plot or locate so as to form an imaginary triangle. Sketch will show as
many imaginary triangles as there are objects plotted.

12. Critical measurement, such as skid marks, should be checked by two (2) investigators.
13. Measurements should be harmony; or in centimeters, inches, yards, meters. Mixed in one
sketch.
14. use standard symbols in the sketch.
15. Show which way doors swing.
16. Show with arrow the direction of stairways.
17. Recheck the sketch for clarity, accuracy, scale , title, key.

SPECIFIC KINDS OF SKETCHES

1. SKETCH OF LOCALITY =This gives picture of the scene, the crime and its environs, including such items such as neighboring buildings, roads leading to the location or house. In
arson cases, it aids in determining whether the fire was cause by nearby inflammable property.
2. SKETCH OF GROUNDS = The sketch of grounds pictures the scene of the crime with its nearest physical surroundings (e.g. house with a garden).

3. SKETCH OF DETAILS = The sketch of details describes immediate scene only. For instance, the room in which the crime was committed and the details thereof. Cross
projection method are details of the room wherein walls and ceiling are pictures as if they are on the same place as the floor. This gives a clear impression of the scene in cases
where bloodstains or bullet holes are found in the walls or on the ceiling.

RELEASING THE SCENE = The scene is not released until all processing has been completed. The release should be effected at the earliest practicable time, particularly when an
activity has been closed or its operations curtailed.

SCENE OF CRIME OPERATION (SOCO)

COMPOSITION OF SOCO TEAM

The SOCO team is composed of but not limited to the following depending on the nature of the case:

1. Team leader
2. Assistant team leader
3. Photographer and photographic log recorder
4. Evidence and evidence recorder
5. Evidence recorder
6. Evidence recovery personnel
7. Driver/security

PERSONNEL FUNCTIONS AND RESPONSIBILITY

1. Team leader
a. Assume control of the crime scene. Ensure the safety of personnel as well as the victim and offenders caught in the scene and secure the crime scene from kibitzers.
b. Conduct initial survey of the crime scene for evaluating potential evidence and narrative description of the place.
c. Determine search patterns to be used and designate assignments to evidence gatherer.
d. Designate command post location in or near the crime scene and ensure exchange of information between searcher and investigator.
e. Coordinate with other law enforcement agencies for the security of the victims, offenders/suspects and the scene of the crime.
f. Ensure that sufficient supplies and equipment are made available for personnel involved in SOCO.
g. Control access to the scene and designate personnel to log persons entering the place and remove Kibitzers in the area.
h. Continuously reevaluate efficiency of the search to ensure that all places are searched properly.
i. Release the crime scene to the investigators handling the case.

2. Assistant team leader

a. Shall assist the team leader in all his functions and responsibilities.
b. Assume/takeover the responsibilities of the team leader in his absence.

3. Photographer and photographic log recorder

a. Photograph the entire area of the scene with overall medium and close-up coverage using appropriate scale.
b. Photograph victims, suspects/offenders arrested in the scene.
c. Photograph all evidence before collection.
d. Photograph all latent fingerprints, impressions before lifting or casting is made. Likewise, photograph blueprint maps and other items.
e. Prepare photograph log and photographic sketch.

4. Sketcher
Perform all sketches necessary during the crime scene processing.

5. Evidence recorder/custodian
a. Prepare evidence recovery log and accomplish chain of custody of evidence.
b. Conduct packaging, preservation and transportation of gathered evidence to the Crime Laboratory.
c. Coordinate evidence nomenclature with sketcher, photographer and evidence gatherer.
d. Receive and record all evidence recovered.
e. Maintain custody and control of evidence.
f. Observe the proper custody of evidence.
g. Coordinate transmittal of evidence to case investigators or to Crime Laboratory per agency guidelines.

6. Evidence recovery personnel

a. have significant evidence photograph before it is collected.
b. Keep team leader always apprised of significant evidence located.
c. Initial and date all evidence and turn it over to the evidence recorder/ custodian after noting where the item was located
d. Coordinate evidence nomenclature with evidence recorder/custodian and sketch prepared.
e. Ensure that appropriate safety measures are adhered to especially with respect to proper clothing including gloves.

EQUIPMENT

1. BASIC EQUIPMENT
a. Crime scene tape or rope (police line)
b. Measuring device – ruler and measuring tape
c. Recording materials = chalk, sketcher and paper pad
d. Camera with film
e. Video camera or tape recorder
f. Evidence collection kit
g. Flashlight

2. EVIDENCE CONTAINERS
a. String tags - large and small
b. Evidence tape or masking tape
c. Roll of manila paper for wrapping
d. Plastic gallon
e. one-half pint bottles/vials – plastic and glass
f. one-fourth pint bottles/vials – plastic and glass
g. Absorbent cottons
h. Rolls of fingerprint tape
i. Plastic bags – different sizes
J. Paper bags – different sizes

4. Evidence gathering equipment

a. rubber gloves and cotton
b. Box or filter
c. White cotton sheet
d. Cotton balls and swabs
e. Fingerprint car, data card and ink cards
f. Photo data card
g. Black and white latent print lifting cards
h. Rolls of lifting card
i. Complete magna brush kit
j. Complete dusting kit
k. heavy duty rubber lifters
l. Camera with no wide angle, normal and macro lens
m. Arson kit
n. Casting and molding kit
o. electric engraver

5. Miscellaneous
a. Rubber bands
b. Pencils, ballpens, pentel pen – different colors
c. Chalks
d. Permanent flet marker
e. Eraser
f. Stapler with extra staple
g. Assorted paper clip and binders
h. notebooks, paper pads, sketch pads and drawing pads
i. Drawing compass
j. Clippers
k. magnetic directional compass
l. Carbon papers and coupon bonds

CRIME SCENE RECONSTRUCTION

= The determination of the actions surrounding the commission of a crime. Careful and competent examination of the physical evidence , the documentation of
the crime scene allows for this determination. The systematic documentation and recording of the crime scene is required for this analysis.

= The use of scientific methods, physical evidence, deductive reasoning and their interrelationships to gain explicit knowledge of the series of events that surround
the commission of a crime.

CRIMINAL RPOFILING = The application of psychological theory to the analysis and reconstruction of the forensic evidence that relates to an offender’s crime scenes, victim’s
behavior. It tends to answer the question “why” or questions regarding the offender’s motive and intent.

TYPES OF RECONSTRUCTION

1. PHYSICAL RECONSTRUCTION = The physical appearance of the crime scene is reconstructed from the description of witnesses and the indication of the physical evidence.
2. MENTAL RECONSTRUCTION = From the physical reconstruction, some conclusions can be made concerning the consistency of the accounts of various witnesses. No
assumption should be made concerning actions which are not supported by evidence. The final theory developed by the investigator should provide a line of investigative action.

STEPS IN RECONSTRUCTION

1. Recognition of evidence is arguably the most important. “Unless the potential evidence can be recognized, no further reconstruction can be carried out.”
2. Documentation and collection of evidence are the heart of any successful scene investigation, and form the basis for the reconstruction.
3. Evaluation of evidence = examination of evidence, possibly following laboratory analysis and looks at what information the evidence provides, and how reliable it is. At this
time, any witness statements should be compared to the evidence to see which part of the statements can be supported or refuted by the evidence.
4. Hypothesize to formulate an idea of “how” the event occurred. This is not merely guess and should be firmly supported by the evidence.
5. Testing to see how the hypothesis developed can be validated. This is accomplished by checking the evidence against known physical laws or devising a test to attempt to
replicate the event (or the relevant segment).
6. Reconstruction to reporting the results of the analysis. The results are reported as a range, where the event or potion of it.

LEARNING ACTIVITIES

A. Define and explain the following concepts

1. Crime scene investigation
2 Crime scene reconstruction
3. Evidence

B. Answer the following essay form. Elaborate your answer

1. Discuss and explain the roles and responsibility of SOCO team in the Philippines.
2. Explain and discuss the golden rule of Crime Scene Investigation
3. What are the difference between physical and mental reconstruction of crime scene.
4. Write a reflection paper about the system of criminal investigation in the Philippines.

ARREST, SEARCH AND SEIZURES

Learning Outcomes:
1. Understand the concept and definition of Arrest, search, and seizure in relation to criminal investigation
2. know the different methods of search
3. Recognize and appreciate the importance of Raid operation in criminal investigation.

Pre-Test Identify the word or group of words being referred to by the statements.
1. The taking of a person into custody so he can answer for the commission of an offense.
2. An order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property
described therein and to bring it before the court
3. A surprise invasion of a building or area. It is small-scale attack of a limited territory
4. It is a self-incriminatory statement by the subject short of acknowledgment of guilt. It is an acknowledgement of a fact or circumstance from which guilt may be inferred. It
implicates but does not incriminate
5. The direct acknowledgement of the truth of the guilty fact as charges or of some essential part of the commission of the criminal act itself. To be admissible, a confession must
be voluntary and trustworthy
6. The purpose is to place the subject in an “off-balance” position requiring the use of both arms and legs to keep him from falling to the ground
7. Subject lies on his stomach with arms and legs outstretched.
8. The application of psychological theory to the analysis and reconstruction of the forensic evidence that relates to an offender’s crime scenes, victim’s behavior
9. Made at or in the interest of national security, such as border checks or checkpoints
10, where the search precedes the arrest, and as allowed on grounds of reasonable suspicion

The term “arrest” came from the Latin word “arrestare” which means “cause to stop” and “restare” which means “stay behind”. These terms were used as early as
during the 14th century.
On the other hand, the word search was derived from the Anglo-Norman word “searcher,” Old French cerchier which means “to explore,” Latin word “circare" which means “go
around in circles.”

TERMS TO UNDERSTAND:
1. Warrant of Arrest is
- an order in writing issued in the name of the
People of the Philippines;
- signed by a judge;
- directed to a peace officer, commanding him to arrest the person designated and take him into custody of the law in order that he may be bound to
answer for the commission of an offense.

2. Warrant Officer is any authorized member from the law enforcement agency usually from the Philippine National Police (PNP) or National Bureau of Investigation (NBI) who
holds a warrant for execution within 10 days from receipt subject to renewal in case of failure to execute the same
3. Alias Warrant refers to the warrant of arrest issued by a judge to the peace officer after returning the original warrant of arrest after the lapse of the 10-day validity period.
4. Search Warrant is another order in writing issued in the name of the People of the Philippines, signed by the judge and directed to a peace officer commanding him to search
for personal property and bring it before the court.
5. Richard Doe/ John (Jane) Doe Warrant is a warrant containing no specific person to be arrested but only descriptions based from the testimonies of the victim/s or the
witnesses/es. It contains the physical description of the accused as well as other factors to be considered for the identification of the accused (Sadili & Pena, 1998).
6. Arrest is the actual taking of a person or persons into custody by an authority in order that he/they may be bound to answer for the commission of an offense.
7. Search is the act of examining documents, papers and effects.
8. Complaint is a sworn written statement charging a person or a group of persons of an offense that is subscribed by the offended party such as the victim/s of the offense
committed, or any other peace officer charged with the enforcement of the law violated.
9. Information is an accusation in writing charging a person or a group of persons of an offense that is subscribed by the prosecutor or fiscal. It is substantiated on oath and
includes the name of the party, the offense committed, facts of the offense and other factors relevant. (Curton,1989) .

OTHER INSTANCES WHEREIN OTHER OFFICERS MAY ISSUE WARRANT OF ARREST

 In Morano vs. Vido, it was held that warrant of arrest may be issued by administrative authorities like the President of the Philippines and the Commissioner of the
Bureau of Immigration and Deportation only for the purpose of carrying out a final finding of a violation of law like an order of deportation or an order of contempt, and not for
the sole purpose of investigation or prosecution.

 However, warrant of arrest issued by the BID for purposes of investigation is null and void for being unconstitutional (BOC-CID vs. Judge de la Rosa).
Below are the properties that are subject to seizure:

1. Subject of the offense;

2. Stolen or embezzled properties;

3. Proceeds or fruits of the offense; and

4. Property used or intended to be used as means for the commission of an offense.

INSTANCES OF WARRANTLESS ARREST

1. When, in his (peace officer) presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense.
In people vs. Sucro, it was held that when a police officer sees the offense, although at a distance, or hears the disturbance created thereby, and proceeds at once
to the scene thereof, he may effect an arrest without a warrant. The offense is deemed committed in the presence or within the view of the officer.

2. When an offense has just been committed and he (peace officer) has probable cause to believe based on personal knowledge of facts or circumstances that the person to be
arrested has committed it.

Cases: In Go vs. Maguan, six days after the shooting, as petitioner presented before the San Juan Police Station to verify news reports that he is being hunted, the
police detained him because an eyewitness had positively identified him as the gunman who shot Maguan. The SC held that there was no valid arrest; it cannot be considered as
within the meaning of the offense had just been committed in as much as six days had already elapsed; neither did the policeman have personal knowledge of facts that Go shot
Maguan.

3. When the person to be arrested is an escapee from jail.

Those who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped
while being transferred from one confinement to another may be arrested by any peace officer or private person without warrant.

4. When the right is validly waived. This is when the person arrested consented to the arrest, despite of no warrant showed, the person is willing to be taken into custody.

Cases: In People vs. Dural, the illegality of the arrest is cured when the accused files a petition for bail. Appellant is estopped from questioning the illegality of his
arrest when he voluntarily submitted himself to the jurisdiction of the court by entering a plea of not guilty and by participating in the trial. (People vs. Lopez).

INSTANCES OF WARRANTLESS SEARCHES

1. WHEN SEARCH IS INCIDENTAL TO A LAWFUL ARREST.

Provided that the search is contemporaneous to the arrest and within the permissible area. A person lawfully arrested may be searched
for dangerous weapons or anything, which may be used as proof of the commission of an offense, without search warrant.
The warrantless search and seizure, as an incident to a lawful arrest, may extend beyond the person of the one arrested to include the
premises or surroundings under his immediate control.

 In Posadas vs. CA, the SC upheld the validity of a search made by police officers on one who, confronted by the police because he was acting suspiciously, ran away.

 But in People vs. Rodriguez, the arrest and consequent search of the accused, simply because “he was acting suspiciously” was held invalid.

2. SEARCH IN VIOLATION OF TARIFF AND CUSTOM LAWS.

The search involves illegal entry of “smuggled goods” in our country that may affect the local businesses especially the small time businessmen. The search is
usually conducted by the officers and agents of the Bureau of Customs.

3. WHEN PROHIBITED ARTICLES ARE IN PLAIN VIEW.

Under the plain view doctrine, police officers can seize articles or objects which inadvertently come to their view without exerting any effort and which object is
incriminatory to the accused. Based from decisions of trial courts, the doctrine includes the five senses of an individual to detect violations of law.

The doctrine requires that a police officer in order to validate the confiscation of an object in plain view must have a right to be in that place and whatever objects
become obvious or apparent without obstruction or impairment may be subject to seizure.

4. SEARCH OF MOVING VEHICLES.

The search of moving vehicles is popularly called as “check points.” This instance of warrantless search cannot be done anytime. The “checkpoints” must be done
during “abnormal times” when the public welfare is at stake. Thus, every vehicle that passes the certain checkpoint can be searched without search warrant

5. INSPECTION OF BUILDINGS FOR FIRE AND SANITARY REGULATIONS.

Inspectors of a certain building for the purpose of maintaining sanitation, fire and building regulations are required to enter every building as well as every room
necessary to be inspected without arming themselves with search warrant. The inspectors need not be armed with search warrant to enter the premises or rooms of the
building to be inspected.

6. WHEN THE RIGHT IS VALIDLY WAIVED.

If the person submitted himself voluntarily to be searched, it is good, as there is a search warrant because of the consent of the person to be
searched. The consent of the person must not have been because of intimidation, threat of the person making the search. Thus, the Supreme Court held that in the cases of:

People vs. Omaweng, the accused while driving a vehicle, was stopped at a checkpoint, and when the vehicle was inspected, the soldiers asked
permission to see the contents of a bag which was partially covered by a spare tire. The accused consented, and upon inspection, the bag was found to contain marijuana. The
SC ruled that there was valid waiver.

In People vs. Ramos, the SC said that the evidence for the prosecution clearly disclosed that Ramos voluntarily allowed himself to be frisked, and that
he gave the gun to the police voluntarily; thus, there was a valid waiver.

However, in People vs. Barros, the “silence of the accused” during the warrant less search was not construed as consent.

ARREST = The taking of a person into custody so he can answer for the commission of an offense.

Who are exempt from arrest?

1. Senators or members of the House of Representatives, while Congress is in session, in all offenses punishable by not more than six (6) years imprisonment.
2. Diplomatic officials and their domestics.

Duty of Arresting Officer = It shall be the duty of the officer executing the warrant without unnecessary delay to arrest and to deliver him to the nearest police station or jail.

Techniques in Making Arrest

1. Initial contact with subject

a. Investigator/operative identifies himself in a clear and audible voice
 b. Show identification
c. Inform the subject that he is under arrest
d. Consider the possibility that the subject is wanted for another crime

2. Methods of Arrest

a. With Warrant of Arrest = The officer shall inform the person to be arrested of the cause of the arrest and of the fact that a warrant has been issued for his arrest, except when
he flees or forcibly resist before the officer has opportunity so to inform him or when the giving of such information will imperil the arrest. 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 .Without Warrant of Arrest = The officer shall inform the person to be arrested of his authority and the cause of his arrest, unless the person to be arrested is then engaged in
the commission of an offense or is pursued immediately after its commission or after an escape, or flees or forcibly resist before the officer has opportunity so to inform him, or
when the giving of such information will imperil the arrest.

Life of a Warrant of Arrest = A warrant of arrest, even if not served within the statutory period, remains valid unless recalled by the issuing court, or if the accused is arrested or
has voluntarily submitted himself to the jurisdiction of the issuing court, unlike a search warrant which has a lifetime of only ten (10) days from its date of issuance.

When Arrest may be Legally Effected

1. In general, an arrest can be validly effected only upon lawful order or warrant of a competent court or judge.

2. Lawful warrantless arrest:

a. When, in the law enforcer’s presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense.

b. When an offense has in fact been committed, and the officer has personal knowledge of facts indicating that the person to be arrested has committed it.

c. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporary
confined while his case is pending, or has escaped while being transferred from one confinement to another.

d. If a person lawfully arrested escapes or is rescued, any person may immediately pursue or retake him without a warrant at any time and in any place within
the Philippines.

e. When the arrest is made by a bondsman for the purpose of surrendering the accused.

f. When the accused released on bail attempts to leave the country without court permission.

g. Violation of conditional pardon, punishable under Article 159 of the Revised Penal Code.

PLANNING THE ARREST

1. This is the responsibility of the chief team leader or officer acting in his absence.
2. If the arresting party is composed of two (2) or more members, somebody must be placed in charge, preferably the most experienced.
3. Consider the arresting party and covering party.
4. Consider protection of innocent bystanders.
5. Prevent escape of subject.
6. Make a discreet reconnaissance of the area.
7. Determine weapons and equipment needed.
8. Consider superiority of manpower and firepower.
9. Make the plan simple enough to be understood by the least experienced
operative/investigator.
10. Consider the element of SURPRISE (Daybreak has proven satisfactory for a number of
successful arrest).
11. Consider overall coordination.
12. Consider concealment or cover that might be available both in effecting the arrest and
removing the subject from the building.
13. The briefing officer should ask the participants if they have any questions regarding the
plan.

WHO MAY EXECUTE ARREST? Among others, members of the PNP and the NBI may effect arrest.

HOW TO EFFECT ARREST?

1. In general, an arrest is made by an actual restraint of the person to be arrested, or by his submission to the custody of the person making the arrest.

= No violence or unnecessary force shall be used in making an arrest, and the person arrested shall not be subjected to any greater restraint than is necessary for
his detention (Sec. 2, Rule 113).

2. Making the arrest = Use good judgment in connection with the arrest and assume that the subject is armed and will take your life if given an opportunity.

3. Arrest on the street

a. This should be made from the side or rear when possible.
b. Subject should be forced toward a building.
c. Avoid congested areas when possible.

4. Arrest at home, office or business establishment

a. Restrict the subject’s movement. Do not grant requests for personal privileges before being searched.
b. Clothing an other things requested should be examined for weapons or items of evidence before turning them over to the subject.

TERRITORIAL EFFECTIVITY OF A WARRANT OF ARREST

= Warrants of arrest issued by Metropolitan Trial Courts, Municipal Trial Courts or Municipal Circuit Trial Courts can be served anywhere in the Philippines without
a certification by a judge of the Regional Trial Court (Supreme Court circular No. 14, 22 Oct 85).

DUTY OF PERSON MAKING AN ARREST WITHOUT A WARRANT

=Any person making an arrest on legal grounds shall, without delay and within the time prescribed under Art. 125 of the RPC, take the person arrested to the
proper court or judge for appropriate action. However, it is not the physical delivery of the arrested person that is required under Art. 125 of the RPC, but the filing of an
information against the arrested person in the proper court, where the judge has the authority to issue an order of release or of confinement.

PERIODS WITHIN WHICH PERSON ARRESTED WITHOUT A WARRANT SHOULD BE CHARGED IN THE PROPER FORUM
= Executive Order No. 272. Dated 25 July 1987, amended Article 25 of the RPC by extending the period authorized to detain a person prior to delivery to the judicial
authority, to wit:
a. six (6) to twelve (12) hours for crimes or offenses punishable with light penalties.

b. nine (9) to eighteen (18) hours for crimes or offenses punishable with correctional penalties; and

c. eighteen (18) to thirty-six (36) hours for crimes or offenses punishable with afflictive or capital penalties.

RIGHT OF ATTORNEY OR RELATIVE TO VISIT PERSON ARRESTED.

 = Any member of the bar shall, at the request of the arrested person or of another on his behalf have the right to visit and confer privately with such person, in jail
or any other place of custody at any hour of the day or, in urgent cases, of the night. This right shall be exercised by any relative of the person arrested subject to reasonable
regulation (Sec. 14, Rule 113).

= Executive Order No. 155, dated 30 March 1987, amending Republic Act No. 857, penalizes any public officer who deprives a person of his right to counsel. The
penalty shall be rison correctional or imprisonment of six (6) months and one (1) day to six (6) years.

MEDICAL EXAMIANTION OF ARRESTED PERSON/SUSPECT

= Immediately after the arrest of a person ordered arrested by the court, or of a suspect under investigation, he should be subjected to a medical examination.
Prior to his release or any change of custody, the suspect should also be medically examined by a medico-legal officer or, in the absence of such medico-legal officer, by any
government physician in the area.

SUMMONING ASSISTANCE FOR THE ARREST

= Any officer making a lawful arrest may verbally summon as many persons as he deems necessary to aid him in making the arrest. Every person so summoned
shall aid him in the making of such arrest., when he can render such and without detriment to himself (Sec. 10, Rule 113).
RIGHT OF PERSON ARRESTED
= Republic Act No. 7438 states the rights of a person arrested, detained or under custodial investigation.

SEARCH = An examination of an individual’s person, house, papers or effects, or other buildings and premises to discover contraband or some evidence of guilt to be used in the
prosecution of a criminal action.

SEARCH WARRANT = An order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for
personal property described therein and to bring it before the court (Sec 1, Rule 126).

ITEMS TO BE SIEZED = A search warrant may be issued for the search and seizure of the following personal property:
a. Property subject of the offense;
b. Property stolen or embezzled and other proceeds or fruits of the offense; and
c. Property used or intended to be used for committing an offense. (Sec 2, Rule 126).

PROBABALE CAUSE REQUIRED FOR A SEARCH WARRANT

= Probable cause means that sufficient facts must be presented to the judge issuing the warrant to convince him that circumstances sufficiently establish the need
for the issuance of the warrant.

MAY THINGS ILLEGALLY SEIZED BE ADMITTED IN EVIDENCE?

= The fruits of an illegal search are INADMISSIBLE as evidence. Any evidence obtained in violation of the right of the people against unlawful searches an seizures
shall be inadmissible for any purpose in any proceeding (Sec 392), Art. 111, 1987 Phil. Constitution).

MAY ARTICLES NOT MENTIONED IN THE SEARCH WARRANT BE SEIZED?

= Generally, articles not included in the search warrant may not be seized. However, articles prohibited by a statute, although not included in the search warrant
may be seized. Thus, if during the progress of a bonafide search for other commodities illegally possessed, whether with search warrant or not, contraband or items declared as
illegal per se are discovered, the contraband can be seized. The seizure of goods, the possessing of which is forbidden by statute, violates no constitutional right of the accused.

HOW TO SERVE A SEARCH WARRANT?

= A search warrant must be served within ten (10) days from its date (thereafter, it shall be void) (Sec 9, Rule 126) in the following manner:
A. The police officer concerned must go to the place indicated in the search warrant and take the things described therein, in the presence of at least one competent witness
who is a resident of the neighborhood. If he is refused admittance to the place of search after giving notice of his purpose and authority, he may force himself in to execute the
warrant; and if he is detained therein, he may force himself out to liberate himself (Sec 6, Rule 126).
B. The search must be made at daytime, unless otherwise stated (Sec 8, Ibid).
C. The officer seizing the property must issue a detailed receipt of the things seized from the person in whose possession it was found, or in the absence of such person, he must,
in the presence of at least one (1) witness, leave such receipt in the place where such things were seized. (Sec 10, Ibid).
D. 1 In compliance with this procedure, it has been standard practice to issue a RECEIPT FOR PROPERTY SEIZED after a seizure. The receipt is signed by the seizing officer only
and two (2) witnesses. Recent Supreme Court decisions, however, declare that such receipt when signed by the accused, is in effect an extrajudicial confession of the
commission of the offense charged. (People vs. de las marinas, G. R. No. 87215, 30 April 91; and People vs. Manyao G. R. No. 84525, 6 April 92). Consequently, if the accused
does not sign such receipt, it may still be used in evidence. Moreover, if the accused DID in fact sign the receipt, but he signed it with the assistance of a lawyer of his choice, that
act would constitute a valid waiver of his right against self-incrimination.
E. 2 It must be noted that in the case cited above, the crime charged is possession of prohibited drugs. Thus, the signature of an accused on the receipt is a declaration against
interest and a tacit admission of the crime charged, as mere unexplained possession of prohibited drugs is punishable. The doctrine is therefore not a hard and harsh rule as far
as the “Receipt of Property Seized” is concerned. If the crime charged is possession of unlicensed forearms, for example, the doctrine would apply. In other cases, it will not
apply.

F. 3 Another document which is made after a search is a CERTIFICATION OF PROPERTY SEIZED. This is signed by the owner of the seized property, and would seem to fall more
under the court pronouncement above than the “Receipt for Property Seized” does.

G. As much as possible, during the opening of safes, drawers, cabinets, tables, etc,. the lifting of the articles should be done by the owner of the house or his authorized
representative, or by immediate members of his family, to preclude any suspicion of theft or planting of evidence.

H. Thereafter, the officer must immediately deliver the things or property seized to the judge who issued the warrant, together with an inventory duly verified under oath. (Sec
11, Ibid).

LAWFUL WARRANTLESS SEARCHES AND SEIZURES

1. When there is consent or waiver. To be a valid waiver, the right must exist, the owner must be aware of such right, and he must have an intention to relinquish it.

2. When the evidence to be seized is in “plain view.” The discovery of the evidence must be inadvertent or unintentional.

3. Customs search or searches made at airports/seaports in order to collect duties. This warrantless search is allowed due to urgency.

4. Search of moving vehicles may be made without a warrant because it would be impracticable to secure a search warrant before engaging in “hot pursuit.”

5. Routine searches made at or in the interest of national security, such as border checks or checkpoints.

6. Stop-and- search or stop-and-frisk, where the search precedes the arrest, and as allowed on grounds of reasonable suspicion.

7. Search incidental to a lawful arrest. A person lawfully arrested may be searched for dangerous weapons or anything may be used as proof of the commission of an offense,
without a search warrant. (Sec 12, Rule 126).

SEARCHES OF PERSON ARRESTED

1. “Probe” do not “pat.” A woman operative should be used to search females.
2. The need to handcuff the subject. Dangerous and violent criminals, as well as escapees from prisons and escape artists, must be handcuffed.
3. Do not stop the search when a weapon was found.
4. Look for items which may be used to commit suicide.
5. Look for items of evidence.
6. Searchers should never cross the line of fire.
7. Do not talk to subjects in the course of the search.
8. Do not grant subject’s request to attend to something before, during and immediately after the search.
9. In a search by a single officer, have the gun ready with the hand at a distance from the subject.
10. Be sure to search for every part of the body and clothing.

TYPES OF SEARCHES
1. Wall Search = The purpose is to place the subject in an “off-balance” position requiring the use of both arms and legs to keep him from falling to the ground. This is the safest
type of search. It does not necessarily require a wall, any object that can support the weight of the subject (such as a car) can be used. The procedures are:
a. Require subject to place both hands on the wall slightly higher than his waist. Spread hands as far apart as possible. Palms should be placed against the wall,
fingers extended.

b. The subject’s feet must be extended back away from the wall as far as possible. Spread then far apart as possible, toes pointed out. Buttocks should not be on
arched position.

c. The subject’s hand should be down or bowed at all times.

d. Mechanics in executing the wall search:

d.1 If there is one subject, the leader of the search should place himself at one side, while his subordinate is on the other side;
d.2 To search the other side, the subordinate should move to the opposite side;
d.3 If there are two or three subjects, move one subject to be searched on the wall but out of reach of the others;
d.4 Search both sides of subject, the leader conducting the searches and the subordinate guarding the other subjects;
d.5 Move one subject at a time;
d.6 Subject’s head should be down at all times;
d.7 The subordinate concentrate on the actions of the subject and not the action of the leader;
d.8 When there are more than three subjects, additional personnel should be summoned;
d.9 In serious apprehensions, the searcher should hold his weapon in ready position throughout the search;
d.10 The body must be searched systematically with the foot of the searcher placed tightly against subject’s foot, right with right, left with left,
anklebone against anklebone;
d.11 Remove any object found, then examine the palm of the hand, including between the fingers.

2. Standing Search
a. Raise subject’s hand over his head and spread his feet far apart as possible.
b. This is not recommended because the subject is in the “on-balance” position.
3. Kneeling Search
a. Subject kneels on the ground with hands raise over his head.
b. this is also discouraged for the same reason as the standing search.
4. Prone Search
a. Subject lies on his stomach with arms and legs outstretched.
b. Subject has both arms and legs free and is at all times in an “on-balance” position.
c. Front part of clothing cannot be searched.
d. This can be extremely dangerous if the subject has knowledge of judo.

METHODS OF RESTRAINT: HANDCUFF

= The best method of restraint, if applied properly, is a good preventive measures; but if improperly applied, it could be dangerous.

1. How handcuff are applied

a. Take position directly behind the subject.
b. The handcuff is applied when the subject has placed his hand on his back.
c. Do not reach out for the hands of the subject as it ill provide him with an
opportunity to grasp the hand of the investigator and throw him off-balance.

2. When applying handcuffs, give the following orders to the subject and follow this procedure:
a. First order: “Take your right hand off the wall and place it on your back.” Fasten the handcuff to this hand and firmly hold the other handcuff.

b. Second order: “Move up and put your hand against the wall.” Allow the subject to move closer to the wall, making certain his feet remain back far enough him
“off-balance.”

c. Third order: “Take your other hand off the wall and place it on the small of your back.” Fasten the other handcuff and double-lock both handcuffs.

a. Final order: “Stand up and face the wall.” Help the subject in doing this.

RAID = A surprise invasion of a building or area. It is small-scale attack of a limited territory.

Legal Basis: A raid must be legal, having its basis in lawful process and conducted in a legal manner. This will be in the form of a search warrant or warrant of
arrest. The raid may be in pursuit of a person reasonably believed to be guilty of a felony when it is known that the felony has just been committed.

OBEJCTIVES:
1. Effect an apprehension;
2. Obtain evidence of illegal activity by surprising the offenders in flagrante
delicto; or
3. Recover stolen property.

FACTORS AFFECTING SUCCESS OR EFFECTIVENESS OF A RAID

1. Size of raiding party.
2. Speed.
3. Surprise
4. Superiority of arms.
5. Simplicity of plan and operation.

COMPOSITION OF RAIDING PARTY

1. Raid commander, assistant raid commander, covering or surrounding party;
2. going-in detail or entering party;
3. In charge of raiding vehicles;
4. In charge of rendering inoperative the subject’s vehicle, if any;
5. Recover who should keep an accurate log of the raid, gather evidence, make inventories
and testify in court; and
6. Photographer.

DUTIES OF COVERING OR SURROUNDING PARTY

1. Covers approach of going-in detail or entering party.
2. Prevents the escape of criminals.
3. Covers the entire area of the building.
4. Neutralizes fire of barricaded criminals.

DUTIES OF GOIN-IN OR ENTERING PARTY

1. Calls for surrender of criminals.
2. Effects arrest.
3. Incapacitates and dislodges criminals.
4. Searches for evidence.

UNDERTAKING
= As in purely military operations, a raid, to be successful must have the following elements:
1. Mission 5. Orders
2. Reconnaissance 6. Execution
 3. Plans
4. Instructions
PLANNING THE RAID
= The success of the raid depends upon intelligent planning and competent implementation. To achieve the necessary elements of surprise, the operation must be
performed surreptitiously and with speed.
a. The terrain and buildings should be subjected to close study.
b. In order to obtain the necessary data for planning, a reconnaissance/surveillance of the place should be conducted.
c. The participants should be informed of the nature of the mission.
d. The specific assignment and position of each member of the raiding party, the tactics to be employed, the equipment and transportation to be used, the
evaluation of possible danger points, and the optimum time to be selected should be stressed.
e. Things to consider when planning a raid:
e.1 Need for surveillance
e.2 Number of individuals to be apprehended. Are they armed? With what? If uncertain, assume they are armed.
e.3 Are photographs and descriptions of subjects available for use in the briefing?
e.4 Determine the physical structure of the place where the criminals are located
e.5 Determine all possible escape routes
e.6 Need to discreetly photograph the place and immediate area
e.7 type of neighborhood where the hideout is located
e.8 Volume and kind of activities in the neighborhood at various times (to
determine the most desirable time to conduct the raid)
e.9 Street plans of neighborhood for possible road blocks
e.10 Do the men have confidence in the ability of the raid leader?
e.11 Consider:
= Speed – in moving into position and the execution of the plan.
= Surprise – catch subject off-guard
= Simplicity – a plan that is easy to remember and understand; this avoids confusion.
e.12 consider dividing the raiding party into:
= Cover group moves into position on first, covers advance of raiding party and avenues of escape
= Raid group: disarm and restrain subjects, searchers premises secures evidence, etc
e.13 Does every member of the raiding party know the raid plan completely? The identities and duties of all?
e.14 What is your move-out plan?
e.15 What are the instructions concerning the use of firearms?
e.16 What are the instructions concerning the possible handling of traffic?
e.17 What are the instructions concerning communications, signals, etc?
e.18 How do you identify each other? Arm band, password, insignia ,etc?
e.19 Make sure your plan avoid cross fires?
e.20 Do you have all the equipment you might need, such as flashlights,
searchlights, vehicles, transceivers, loudspeakers, firearms, teargas, etc.
e.21. Ask each participant to repeat his duties to the raid leader.

RAID OPERATION
= Coordination of individual efforts is an essential element in the success of a raid. The aiding party should act as a team. The members of the team must
thoroughly understand the objectives, the plan of action and the orders. Each man should hold his assigned position until his orders are changed by the team leader. Before
leaving the headquarters to the target, the team leader must conduct a final briefing of personnel. Assembly of the team at a designated area should not be too close to the
target, they must not show the appearance of a formal gathering. The raiders’ vehicle must be safeguarded to prevent its use by the subjects. Vehicles which belong to the
subject should be rendered inoperative by the simplest available means. Men should be posted, depending on the number to cordon the area to prevent possible escape and
restrain people from wandering. In the event that the suspect fails to heed the warning to surrender, entry must be made through one point to avoid mis-encounter. Upon
completion of the raid, guards should be designated to protect the property and to observe or apprehend associates of the suspect. Reassemble at a designated place for a final
accounting of all members of the raiding team.

COORDINATION WITH THE LOCAL POLICE STATION

= It is imperative that immediately before the service of a search warrant, the team leader should see to it that proper coordination is made with the commander
of the local police station having jurisdiction over the target premises. The coordinating party will inform the local station that their team is conducting an operation in their
area. This gesture of coordination is not only a manifestation of courtesy but also a safety measure to avoid the possibility of a mistake encounter.

DON’TS IN A RAID
1. Don’t take unnecessary chances.
2. Don’t underestimate the ability or courage of the subject.
3. Don’t raid when not properly prepared.
4. Don’t endanger the lives of bystanders.
5. Don’t use raiders not well-acquainted with each other.
6. Don’t forget gas masks when employing teargas.
7. Don’t be unnecessary rough on the subject.
8. Don’t shoot to kill unless very imperative.
9. Don’t touch the evidence unless seen by witnesses, or by the owner or occupant of the place.

DISPOSITION OF SEIZED ITEMS

1. The following will be seized at the scene of the raid:
a. Weapons which may be used against the raiding party.
b. Articles which might be used as a means of suicide.
c. Articles that might be used in escaping
d. Articles which might be used in the commission of the crime
e. Proceeds or fruits of the crime (stolen property)

DISPOSITION OF MONEY AND OTHER VALUABLE PROPERTY

a. Money should be counted and the serial number of bills noted
b. Valuables should be sealed in a property envelope in the presence of the prisoner.
c. Property envelope should show a complete inventory of its contents
d. The prisoner should initial the outside of the envelope showing approval of its contents
e. Raiding officers should sign their names on the outer part of the envelope
f. A receipt should be given to the prisoner. However, this is qualified by the
decision of the Supreme Court declaring as inadmissible in evidence mere possession of the items seized is punishable.

DISPOSITION OF ARTICLES NOT COVERED IN A SEARCH WARRANT

a. If the articles are illicit or contraband, the same must be seized
b. Such articles may be used as evidence to prosecute the person
c. Non-contraband articles must be returned to the owner or must not be seized in the first place.

LEARNING ACTIVITIES

A. Define and explain the following concepts:

1. Raid
2. Arrest
3. Fruit of Poisonous tree doctrine
4. Miranda Rights

B. Answer the following essay form. Elaborate your answer.

1. Discuss and explain the difference between warrant of arrest and search warrant. What are the procedures of effecting arrest?
2. Discuss the significance of raid operation in the field of law enforcement agencies. How about its disadvantages, elaborate your answer?
3. How do you assess the war on drugs of Duterte administration? What about the extrajudicial killings appealed by the public?

CHAPTER 3
Assessment
A. Identify what is being referred to. You may research for the other answers.
1. Those sufficient facts to convince the judge that circumstances sufficiently exist to establish the need for the issuance of the warrant..
2. A legislative act which inflicts punishment without judicial trial
3. An act which would be an offense against persons or property if it was not for the inherent impossibility of its accomplishment.
4. doctrine that allows an officer to seize evidence and contraband that are found by visible eye during observation
5 forcibly taking any relative of a suspect in exchange for the surrender or appearance of suspect. Includes coercive act of forcing people to transfer or vacate their place of
abode.
6. The purpose is to place the subject in an “off-balance” position requiring the use of both arms and legs to keep him from falling to the ground
7. Subject lies on his stomach with arms and legs outstretched.
8. is the conception and planning of an offense by an officer, and his procurement of its commission by one who would not have perpetrated it except for the trickery,
persuasion or fraud of the officer
9. Made at or in the interest of national security, such as border checks or checkpoints
10, act of taking into custody or confiscate personal properties such as: weapon, illicit articles, fruit of crime and contrabands.
B. Answer the following essay form. Elaborate your answer.
1. Discuss the procedure on how to serve a search warrant?
2. Explain the different method of arrest?
3. Explain the different lawful warrantless search and seizure
4. Discuss the method of restraint and Handcuffing
5. Write your idea about raid operation conducted by law enforcement agencies. How are you going to assess its effectiveness in apprehending criminals?
C. Define and explain the following concepts
1. Arrest, search, and seizure (make a table for each definition and classification)
2.Make a simple Illustration of type of search and explanation how it is applied
3. Raid/ Entrapment/ Buy bust operation - movie analysis
D. Multiple Choice: Choice the best answer from the choices provided
1. One of these is not in any manner part of forensic science
a. Odontology b. Victimology c. Medicine d. Photography
2. Decisions may be appealed in any of the following court except…
a. Supreme court b. Intermediate appellate court c. RTC d. MTC
3. In “polygraph examination”, the term “examination” means a detection of
a. Forgery b. Emotion c. the mind d. deception
4. A public officer or employee, when not being authorized by judicial order, shall enter a dwelling against the will of the owner thereof is committing:
a. legal entry b. Illegal entry c. Violation of domicile d. Trespassing
5. It is the investigator responsibility to ensure that every precaution is exercised to preserve physical evidence in which it was recovered/ obtained until it is released to the
evidence custodian.
a. Tagging of evidence b. preservation of evidence c. Evaluation of evidence d. Releasing of evidence
6. Is a sworn statement charging a person with an offense, subscribe by the offended party, any peace officer or other employee of the government in charge of the enforcement
or execution of law violated.
a. Deposition b. Complaint c. Police blotter d. Information
7. Evidence is admissible when it is a relevant to the issue and NOT excluded by these rules.
a Real Evidence b. Admissibility of evidence c. Secondary evidence d. Relevancy of evidence
8. The fundamental responsibility of the officer in charge of protecting the crime scene is
a. Interrogating the witness b. Engaging in search for traces left by the criminal c. Removal of evidence which may be prone important to the case d.
Preserving the site of the crime in the same physical condition as it was left by the perpetrator.
9. A person undergoing criminal investigation enjoys his three constitutional rights
a. the right to oppose whatever the accusation on him b. The right to plea guilty and not guilty
c. The right to oppose whatever accusation on him based on his constitutional rights
d. The right to remain silent, right to counsel and right to informed of the nature of the accusation
10. The adjudication by the court that the defendant is guilty or not guilty of the offense charged and the imposition of penalty provided by law on the defendant who pleads or
is found guilty thereof.
a. Judgment b. Information c, Confession d. Admission