Professional Documents
Culture Documents
Cdi 221 Handouts
Cdi 221 Handouts
CHAPTER 1
INTRODUCTION TO CRIMINAL INVESTIGATION
A criminal investigation is usually conducted by law enforcement officers who has the
responsibility to identify, collect, and gather pieces of evidence at the crime scene for a specific
purpose. A criminal investigator looks for clues and evidence to determine whether a crime has
been taken place. if a crime has been committed, the investigators shall establish the threefold aim
of investigation; to identify the guilty party, to locate the guilty party; and to provide evidence of
his guilt.
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
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CHARACTERISTIC OF AN INVESTIGATOR:
1. KNOWLEDGEABLE- this refers to the investigator who exhibit understanding about
crime, evidence, law to include the suspect and the victim.
2. PERSEVERANCE – refers to the steadfastness, persistent and resolution to bring the
desired conclusion in spite of obstacles connected with criminal investigation.
3. ENDURANCE- this refers to the ability of the investigator to withstand hardship in
the conduct of investigation to include the ability to last physically and mentally
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4. HONESTY AND INTEGRITY- the investigator must always observe the moral
conviction of doing the right thing in all circumstances. there is the ever temptation of
money, women and drinks, etc., that influence the result of investigation.
5. THE INTELLIGENCE AND WISDOM OF SOLOMON. This is very important in
order that the investigator could easily decipher falsehood from truth and separate the
grain from the chaff as king Solomon did when he settled disputes of child’s ownership
between the two mothers.
6. ACTING ABILITY. It is the ability to go down to the level of the subject (minor, the
prostitute or the slum dweller, or the level other professional or the members of the
elite).
7. GOOD IN ORAL AND WRITTEN COMMUNICATION. This is the ability of the
investigator as he mingles with the community to include in making a concise report.
8. THE KEEN POWER OF OBSERVATION AND DISCRIPTION. These are very
important in crime scene investigation and in interview and interrogation.
9. COURAGE. It is the moral fortitude to tell the truth and in interview and interrogation.
10. 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 in order to arrive with an accurate meaning of a
certain statement.
11. KNOWLEDGE OF MARTIAL ARTRS AND FIREARMS PROFECIENCY.
This will help the investigator in defending himself when confronting, arresting, 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.
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).
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It consists of 282 laws, with scaled punishment known as lex taliones which means “an eye
for an eye a tooth for a tooth”
One of the best-known laws from Hammurabi’s code was:
Ex. Law # 22: “if anyone is committing a robbery and is caught, then he shall be put to
death.”
Ex # 129: if the wife of a man has been caught lying with another man, they shall bind
them and throw them into the waters. If the owner of the wife would save his wife, then in turn the
king could save his servant.
Ex. Law # 196: “if man destroys the eye of another man, they shall destroy his eye. If one
breaks a man’s bone, they shall break his bone.
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. VIGILIS OF ROME -the vigils began as firefighters, they have eventually also given
law enforcement responsibilities and they patrolled Rome’s Street Day and night. the
vigils 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 STATUE NOF WINCHESTER was enacted establishing a
rudimentary criminal justice system in which most of the responsibility for law enforcement
remained with the people themselves.
These statues 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
most effective criminal investigator.
- He was the most famous THEFT-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.
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SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
1753, England: JOHN FIELDING – the “blind” younger brother of Henry fielding
who took over the control Bow Street Court in 1753. He also introduced the practice of
developing informants, printing wanted notices, employing criminal raid bearing firearm
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: EUGENNE ‘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 Surtees, 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 detective
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).
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.
1852U.S.A. ALLAN PINKERTON- this individual truly deserves the title of
“America 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 resolution
of big cases of USA.
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 of operation.
1866, liberty, Missouri, USA: THE JESSIE JAMES GANG
- made the first hold up which marks the beginning of the gang’s 15 years 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 heist amounted
to more or less $60,000,000.00
1882, France: ALPHONSE BERTILLON
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SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
- 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.
1954-, USA: Dr. PAUL KIRK – the best-known criminalist who headed the
Department of Criminalistic at the University of California, USA.
1966, USA MIRANDA VS ARIZONA – the US Supreme Court established
procedural guidelines for taking criminal confession. The case is the origin of the present
Miranda rights of every accused under the custody of the police.
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 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.
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SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
CHAPTER 2
ARREST, SEARCHES AND SEIZURES
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 14 th century.
On the other hand, the word search was derived from the Anglo-Norman word
“searcher”, old cercheir which means “to explore”, Latin word “circare” which means “go
around in circles.”
Complaint and Information
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 victim/s of the offense committed, or
any other peace officer charged with the enforcement of the law violated.
Information is an accusation in writing charging a person or group of people with 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 factor relevant.
CONTENT OF INFORMATION. – the information shall, among others contain:
a) A certification by the filing Prosecutor that he is filing the same in accordance with
the provisions of Section 7, Rule 112, Rules on Criminal Procedure, in cases
cognizable by the Regional Trial court;
b) The full name and aliases any, and addresses of the accused;
c) The place where the accused is actually detained;
d) The full name and addresses of the complainant and witnesses’;
e) A detailed description of the recovered items. If ant;
f) The full name and address of the evidence custodian;
g) The age and date of birth of the complainant or the accused if eighteen (18) years of
age and below; and
h) The full names and addresses of the parents, custodians, or guardians of the minor
complainant or accused as the case may be.
ARREST DEFINED
Arrest is the actual taking of person or persons into custody by an authority in order that
he/they may be bound to answer for the commission of an offense.
General rule: no one can arrest a person unless with a valid warrant of arrest.
Warrant of Arrest 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 arrest the
person designated and take him into custody of the law in order that he may be bound to answer
for the commission an offence.
Richard Doe/John (jane)Doe Warrant is a warrant containing no specific person to be arrested
but only description based from the testimonies of the victim/s or witnesses. it contains the
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physical description of the accused as well as other factors to be considered for the identification
of the accused.
Warrant Officer is any authorized member from the law enforcement agency usually from PNP
of NBI who holds a warrant for execution within ten (10) days from receipt subject to renewal in
case of failure to execute the same.
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.
When warrant of arrest not necessary;
1. When the accused is already in detention
2. When the accused was arrested by virtue of a lawful arrest without warrant
3. When the penalty is of a fine only
4. Those covered by a summary procedure
Procedure when arrest is made;
1. Secure the person arrested (handcuffed at the back)
a. Conduct thorough search for weapons and other illegal materials
b. Inform the arrested person of his rights
2. Use reasonable force in making an arrest
a. Confiscated evidence shall be properly documented
b. Bring the arrested person to the nearest accredited hospital for medical
examination
c. Bring the arrested person to police station for documentation
Medical examination of arrested person/suspect.
Immediately after the arrest of a person order 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.
The basic principle of Warrant of Arrest
1. Issued by the judge to a peace officer and commanding him to arrest a person state
therein.
2. It is enforceable within the Philippine territory at any time of the day or night
3. Arresting Office must inform the person to be arrested of the cause of his arrest.
4. Arrest is made by actual restraint of the person to be arrested or by his submission to
the custody of the person making the arrest
5. No specific expiration, but within 10 days of its receipt the officer shall submit a
progress report to issuing judge.
6. Warrant of arrest is still valid if the suspect is not yet arrest unless the court denounce
its validity.
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
ANSWER: No. the purpose of the warrant had been carried out already, Hence, it cannot be used
anymore. The exception is that, when the search is not yet over, it can be continuously used until
the search is finished, provided it will not go beyond 10-day period.
QUESTION: What is the duty of the officer after the property sought to be seized particularly
described in the warrant has been seized?
ANSWER: The officer must forthwith deliver the property seized to the judge who issued the
warrant, together with true inventory thereof duly verified under oath.
QUESTION: If the arrested persons sign the receipt of the property seized without the assistance
of the counsel, is the receipt admissible?
ANSWER: No. Because it was done without the assistance of the counsel.
A search incidental to a lawful arrest requires that there must first be a lawful arrest
before a search is made. Otherwise stated, a lawful arrest must precede the search; the
process cannot be reversed. For there to be a lawful arrest, law enforcers must be armed
with a valid warrant, nevertheless, an arrest may also be affected without warrant.
In Posadas vs. CA, the SC upheld the validity of a search made by the police
officers on one who, confronted by the police because he was acting
suspiciously, ran away;
But in People vs. Rodrigues, the arrest and consequent search of the
accused, simply because” he was acting suspiciously” was held invalid.
Under the Plainview doctrine, police officers can seize articles or objects which
inadvertently come to their view without exerting any efforts and which object is
incriminatory to the accused. based from decision of trial courts, the doctrine includes
the five senses of an individual to detect violations of law.
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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.
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In People v. Ramos, the SC said that the evide3nce3 for the prosecution clearly
disclosed that Ramos voluntarily allowed himself to be frisked, and that he gave the
gun to police voluntarily; thus, there was a valid waiver.
However, In People v. Barros, the silence of the accused “during the warrantless
search was not construed as a consent.
As a component of the rights to privacy, the fundamental right against unlawful search and
seizures as guaranteed by no less than the Constitution. Article III, section 2 of the Constitution
provides;
1. The right of the people to be secure in their persons, houses, papers and effects against
unreasonable searches and seizures of whatever nature, and for any purpose shall be
inviolable, and
2. No search warrant or warrant of arrest shall issue except upon probable cause to be
determined by the judge after examination under oath or affirmation of the complainant
and of the witnesses he may produce, and
3. Particularly describing the place to be search and the person or things to be seized.
TECHNIQUES OF SEARCHES OF PERSON ARRESTED
a) “Probe “do not pat “
(a woman operative should be used to search females)
b) The need to handcuffed subject. Dangerous and violent criminals, as well as escapees
from prisons and escapes artist must be handcuffed.
WHEN APPLYING HANDCUFFS, GIVE THE FOLLOWING ORDERS TO THE SUBJECT
AND FOLLOW THE PROCEDURE:
(i) First Order: take your right hand off the wall and place it in your back.” Fasten the
handcuff to this hand and firmly hold the other handcuff.
(ii) 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 to keep
him off balance.”
(iii) 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 hand cuffs.
(iv) Final Order : “ stand up and face the wall help the subject in doing this.
c. Do not stop the search when a weapon is found.
d) look for items which may be used to commit suicide
e) look items of evidence.
f) searches should never cross the line of fire
g) Do not talk to subject in the course of search
h) do not grant subject request in the course to attend to something before, during and
immediately after the search
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i) in a search by a single officer, have the gun ready with the land at a distance from the
subject.
j) be sure to search 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 notch 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 procedure is;
a. Require subject to place both hands of the wall slightly higher than his waist. spread
hands as far 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,
toes pointed out. Buttocks should not be on an arched position.
c. The subject’s head should be down or bowed at all times.
d. Mechanics is executing the “wall search.”
(1) If there is only one subject, the leader of the search should place himself at one
side, while his subordinate is on the other side;
(2) To search the other side, the subordinate should move to the opposite side;
(3) If there is two or three subject, move one subject to be search on the wall, but
out of reach of others;
(4) Search both side of subject, the leader conducting the searches and the
subordinate guarding the other subject;
(5) Move one subject at a time;
(6) Subject’s head should down at all times;
(7) The subordinate should concentrate on the actions of the subject and not the
action of the leader
(8) When there are more than three subjects; additional should be summoned;
(9) In serious apprehensions, the searcher should hold he weapon in ready position
throughout the search;
(10) The body must be search systematically with foot of the search placed
tightly against the subject’s foot, right with right, left with left, ankle bone
against anklebone;
(11) Removed any object found, then examined the palm of the hand, including
between fingers;
2. Standing Search
a. Raised subject hand over his head and spread his feet far apart as possible.
b. This is not recommended because the subject is” on the “balance” position.
3. Kneeling Search
a. Subjects kneels on the ground with the hands raised 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 outstretch.
b. Subject has both arms and legs free and is at all times in an “on balanced”
position”
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SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
CHAPTER 3
BASIC ELEMENTS OF INVESTIGATING CRIME SCENE
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This is the place where the crime is committed and physical evidence are evident therein.
CRIME SCENE is said to be the ‘‘TREASURE ISLAND”
SUGGESTED PROCEDURTES 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 other 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 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 also be noted whether 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 crime scene.
5. Safeguard the area by issuing appropriate orders.
6. Permit authorize 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 presents.
THE GOLDEN RULE IN CRIMINAL INVESTIGATION
“Do not touch, alter, move, or transfer any object at the crime scene unless it is properly
marked, measure, sketched and or/ photographed. “The purpose of this rule is to avoid mutilation,
alteration and contamination of the physical evidence found at the crime scene.
THE CRIME SCENE PROCESSING,
Before the crime scene be conducted, the investigator shall establish command post for the
team to conduct briefing and evidence be in place for proper inventory where chain of custody
begins.
ASSIGNMENT OF DUTIES OF RESPONDING OFFICERS
1. OFFICER IN CHARGE/ TEAM LEADER – The one who directs the processing of
the crime
2. OFFICER-IN CHARGE/TEAM LEADER – the one who directs the processing of
the crime scene.
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3. ASSITANT TEAM LEADER. – the one who implements or executes the order from
his or her superior.
4. PHOTOGRAPHER – takes the photograph of all pieces of evidence that are relevant
to the crime committed.
Procedure in Photographing the crime scene
5(1) General View or long Range, taking an overall view of the scene of the
crime. It shows direction and location of the crime scene.
5(2) Medium View or Mid-Range- is the taking of the photograph of the scene
of the crime by dividing it into section. This view will best view the nature of
the crime.
5(3) Close-up View/Range – is the taking of individual photograph of the
evidence at the scene of the crime. it is design to show the details of the crime.
Sequential Photographs of the crime scene:
1. Views of the exterior of the building/vehicle in relation to other building
/vehicles/roads, streets, etc.
2. Point of entry and exit outside and inside.
3. Interior of the crime scene/room.
4. Condition of the crime scene.
5. Area from which valuable article were removed
6. Articles left at the scene.
7. Trace evidence, such as hairs, fibers, footprints and cigarette buts.
8. Tool marks and impression of shoes or tire tracks.
9. Fingerprints as well as articles on which these prints may be found.
4. SKETCHER- Make the sketches of the immediate background and inside the scene of the
crime.
5. MASTER NOTETAKER - The one who writes down in short hand all observation at the crime
scene such as weather condition, time of dispatch, and time of arrival at the crime scene and other
relevant data that 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 measurement s od 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 point of references.
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The Crime Scene Search. This includes a diligent and careful method by the investigator to
recognize, identify and preserve crime scene to include physical evidence.
THE MECHANICS OF SEARCHING THE CRIME SCENE
1. Strip Method – the searchers (A, B & C) proceeded 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
traverse first parallel to the base and then parallel to the side.
3. Spiral Method = the investigator may proceed inward spiral method = one or two
investigators (from the outside) and or outward spiral method =one search (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 searchers is assigned to the quadrant.
1. Collecting Evidence. This is accomplished after the search is completed, the rough &
finish sketch and photograph is required.
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4. Liquid evidence 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 evidence can be
collected by scrapping with the use of any available instrument. Samples are very
important for laboratory testing.
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3. Removal of evidence – The investigator places his initials, the date and time of discovery
on each item of evidence and the time discovery on each item of evidence for proper
identification. Items that could not be marked should be placed in a suitable container and
sealed.
4. Tagging Evidence – any physical evidence obtained must be tagged before submission to
the evidence custodian.
- 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 initial of the investigator, date and
time of collection, specific case and other information.
5. Evaluation of Evidence – each item of evidence must be evaluated in relation to all
evidence individually & collectively.
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 specimen.
3. Submit a known or standard specimen for comparison purposes.
4. Keep each specimen separate from others so there will be no intermingling or missing
of known and unknown material. Wrapped and seal in individual packages when it is
necessary.
5. Mark or label each piece of evidence for positive identification as thew evidence taken
from 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.
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
Chain of custody refers to the number of people 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 laboratory without
delegating it to 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 sub mitted to the evidence custodian duly receipted.
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 thew
investigation.
Field inquiry
It is the general questioning of all persons at, near or around the crime scene for purposes
of gathering information about the crime.
Before a criminal investigation be true, it should include its elements such as recognize,
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 as identification stage of investigation.
Collection, which refers to the act of gathering those identified data of facts, or
physical things that are significant to the case under investigation. Collection may be done
by scrapping 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 evidence in their true and original
representing contamination or destruction of its substantive value. Preservation does not
only involve the process of packaging physics evidence 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 and information that has been gathered from the
testimony of witnesses, victims or other persons involved 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
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
involved in the criminal about the validity and truthfulness of the evidence they are trying
to prove or establish.
What are the uses and purposes of 5Ws and H?
1. Aid the investigator in searching the crime scene or other places which may be sources
of evidence.
2. Guide the investigator in formulating question in interviewing complainant, witnesses
and other interested parties or in the process of interrogating a suspect.
3. Assist the investigator and the desk officer in making brief statement of facts in the
logbook/police and in reports.
4. Help the investigator in preparing the MUDOS OPERANDI 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, accomplishes, accessories, or accomplishes of the perpetrator?
WHAT QUESTIONS: the purposes 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 used by the culprit/s?
5. What is the evidence discovered at the crime scene?
WHERE QUESTIONS: these are questions that localize the place of 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, witness or culprits?
4. Where do the victims/witness/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 evidence?
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, witness or culprits?
4. Where do the victims/witness/culprit’s lives?
5. Where was the suspect seen or apprehended?
6. Where are the weapons or tools used in committing the crime?
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
CHAPTER 4
THE THREE TOOLS OR I’S OF CRIMINAL INVESTIGATION
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
In criminal investigation, we have the so-called three tools or sometimes called as the I’s of
criminal investigation.
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.
Example:
Information developed after comparing questioned with inked fingerprints;
Result of DNA analysis of blood and semen;
Example:
Description of witnesses as to the appearance of culprits;
Information about the presence of suspect‘s personal belongings at the crime
scene.
SOURCES OF INFORMATION
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SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
INTERVIEW is the simple questioning of a person who cooperates with the investigator. In
account of the interview, the witness voluntarily gives their accounts about the commission of the
crime.
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SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
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 finish his
narration, the investigator now subjects him to style of direct examination and cross- examination,
to clarify the explained portions to arrive at a vivid and complete picture of the testimony.
Question and answer style of interview are also practiced by some investigator whereby after
each question by the investigator, the interviewee is required to answer n what he knows about
what is being asked.
“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 condition 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, exaggeration of falsehood from the
answers of person being interviewed.
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 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.
a. Fear of Reprisal – witness 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 hand-to-mouth existence there is the real
inconvenience, which will deprive them the time to earn for their living especially during
the ordeal of testifying during 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.
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SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
e. Avoidance of Publicity – there are witness who are shy and the shun publicity that will
bring discomfort to their elders on matters affecting their families.
f. Family restrictions- some famous and respected families preserved their reputations by
instilling their members the need of the approval of their elders on matters affecting their
families.
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SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
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.
Note: the interviewer should always leave the door open for a re -interview. Don’t forget to
say ‘THANK YOU” after the interview.
INTERROGATION
Interrogation is the vigorous and confrontational questioning of a reluctant suspect
about his participation in a crime; or it is the process of obtaining an admission or confession
from those suspects which means that the suspect is confronted about his participation in
the commission in an offense; or further, it is the act or process of questioning somebody
closely, often 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 or operation or Modus Operandi
and the circumstances of the crime in question.
To collect information that guides investigators to arrive at a logical conclusion.
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
Confession is the declaration of the accused acknowledging his guilt from the
commission of a crime.
Admission is an acknowledgment of a fact or circumstance without accepting guilt.
Guilt maybe inferred from admission. When an accused confessed to the crime, he
accepts the fact constituting an offense but if he interposes self-defense or other
exculpatory grounds, this his acknowledgement is not confession but admission.
KINDS OF CONFESSION
Sec 3, Rule 133, Rules of Court – Extra Judicial confession, not sufficient ground
for conviction unless corroborated by evidence of Corpus Delicti.
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
change his plea not guilty to guilty.
IMPORTANT NOTE:
Phases of Interrogation:
a. Planning and Preparation - this refers to the interrogator keep himself aware
on the situation and he must observe and analyze the interrogee without his
knowledge.
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
b. Approach - In this step, the interrogator should keep in mind to gain rapport
with the subject.
c. Questioning – this is considered the hearth of interrogation where all
techniques could apply to obtain information from the subject.
d. Termination – this refers to the ending of the interrogation process, and it
should end in a friendly manner.
e. Recording – this refers to place in document the result of the interrogation, in
this process, it is advisable to tape record all conversation.
f. Reporting – this is the end product of the interrogation.
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SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
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 confession.
The following are signs of deception, which may help the investigator corner the
subject, some of which are:
a. Pulsation of the carotic (neck) artery;
b. Excessive activity of the Adam’s apple;
c. Avoiding the eyes of the interrogator, swinging one leg over the other foot-wiggling,
wringing of the hands, tapping of fingers, picking fingernails, etc.
d. Dryness of the mouth;
e. Swearing to the truthfulness of assertions. This is frequently used by guilty subject to
strengthen their assertions of innocence.
f. “Spotless Past Record” – “Religious Man”. These are asserted to support statements
which the subject knows and realizes the interrogator knows to be false.
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
g. A “Not that I Remember” or “As Far As I Know” expression should be treated as veiled
admission of half- truth.
Modes of Extra-Judicial Identification of Accused
a. Show-ups – where accused alone is brought face-to-face with witness for identification.
b. Mug shots – where photographs are shown to the witness for identification.
c. Liner – up – where witness identifies the suspect from a group of persons lined up for
the purpose.
Identification will be admissible if it passes the totality of circumstances test which
considers the following factors:
i. The witness’ opportunity to view the criminal at the time of the crime;
ii. Witness ‘degree of attention at that time;
iii. Accuracy of any prior description by the witness;
iv. the level of certainty demonstrated by the witness at the identification
v. length of time between the crime and identification
vi suggestive of the identification procedure
INSTRUMENTATION
This process is sometimes called criminalistics. It is the process of applying instrument or
tools of the police science in criminal investigation and detection. This is the use of police
laboratory in the examination of physical evidence.
It is a process of applying instruments or tools of the police sciences in criminal
investigation and detection.
It is the application of instrument and the laws of physical sciences in the investigation
and detection of crimes and criminals. This is otherwise known as CRIMINALISTIC.
Methods of Instrumentation:
1. Polygraph Examination or Lie Detector Test
POLYGRAPHY or POLYGRAPH SCIENCE is the scientific method of detecting
deception using an instrument called polygraph. some people consider polygraphy as
the new name of detection.
In polygraphy, the SUBJECT refers to the person to be (or being) examined, usually a
suspected criminal. The subject is also called examinee.
The EXAMINER is the expert in polygraph science who uses polygraph instrument
to verify truthfulness of a subject’s statement or testimony. Other description for the
examiner is polygraphist, forensic psychophysiologist (FP) and Polygraph examiner
(PE).
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
The REQUESTING PARTY refers to the person or persons who ask for the services
of the examiner to help verify the truthfulness of a subject’s statement or testimony.
The requesting party is usually the investigator of the case that requires the polygraph
examination.
POLYGRAPH TEST – it is the actual test whereby the reactions of the subject on
specific stimulus are being recorded using the polygraph instrument. The specific part
of the polygraph examination that transpires from moment the chart drive (Kymograph)
is turned on until it is turned off.
In crime detection and investigation, the common objectives of using polygraph services are the
following:
1. To ascertain if a person (witness/suspect) is telling the truth;
2. To locate the fruit and instrument of the crime under investigation;
3. To obtain additional investigative leads to the facts of the case /offense;
4. To locate the whereabout of suspect and wanted person
5. To identify suspects, witnesses, and or victims involve in the criminal and or civil case;
6. To recover valuable information from reluctant witnesses;
7. To eliminate innocent suspects.
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
4. Not 100% accurate or 100% reliable, its accuracy depends on the examiner
competency.
2. Police Photography
Police Photography is the study of the general techniques of photographing the crime
scene, physical evidence and other circumstances that can be used for law enforcement
purposes. It is field that focuses on the practical application of photography in police
work (Law enforcement operations).
- Photo macrography – involves the process of photographing objects that are directly
enlarge at the negatives and magnified up to 9X only;
3. Forensic Medicines
Legal Medicine – is the branch of medicine which deals with the application of medical
knowledge to the purpose of law and justice.
Forensic Medicine – is a branch of medical science which deals with the application of
medical knowledge to educate legal problem.
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
Sketching
Description
Testimony of witnesses
Manikin method
Kinds of witnesses:
Expert Witness - the opinion of the witness regarding a question of science, arts or trade.
Where he is skilled therein, maybe receive in evidence.
Ordinary Witness – all persons who, having organs of sense, can perceive, the perceiving
can make known their perception to others, may be witness.
Points of identification Applicable to both living and death before onset of decomposition
a. Occupation mark
b. Race
1. Color of skin
2. Feature of face
c. Stature
d. Teeth
e. Tattoo marks
f. Weight
g. Deformities
h. Birth marks
i. Injuries leaving permanent result
j. Moles
k. Scars
l. Tribal marks
m. Sexual organ
n. Blood group
o. Finger prints
Signs of Death
1. Cessation of heart action and circulation
2. Cessation respiration – for period not longer than 3 to ½ minutes.
3. Cooling of the body (ALGOR MORTIS) – the fall of temperature of 14-20 degrees
Fahrenheit is considered as a certain signs of death
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
1. Stage primary flaccidity or stage of muscular irritability – the muscles are relaxed and
capable of contracting when stimulated. The pupils are dilated, the sphincters are
relaxed, and there is incontinence of urination and defecation
2. Stage of Rigor Mortis (post-mortem rigidly or cadaveric rigidity or death struggle of
muscle)
The whole body becomes rigid due to the contraction of the muscles. This develops
three to six hours after death and may last from 24 to 36 hours.
3. Stage of secondary flaccidity or decay muscles- the muscles become flaccid, no longer
capable of responding to mechanical to electrical stimulus and the reaction becomes
alkaline
4. Putrefaction or decay
5. Cadaveric lividity or post-mortem lividity
AUTOPSY
Autopsy came from the Greek word autopsia, meaning “seeing with your eyes.”
AUTOPSY (sometimes called MEDICO LEGAL EXAMINATION) is the process by
which the pathologist or the MEDICO LEGAL OFFICER conduct 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 autopsy was conducted by a medico-legal officer, a report shall be accomplished by
him stating the cause of death of the person. The document or report made by him is called
AUTOPSY REPORT OR 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 the person at the crime scene to find out facts that may lead
to reasons of death.
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
5. Forensic Ballistics
What are Forensic Ballistics?
- It refers to the science of investigation and identification of firearms and ammunition
used in crimes.
- The term forensic originated from the Latin word FORUM, meaning market place,
because this is where judicial trials of Rome during the Roman times or it means debatable
argumentation in relation to the court of justice.
- More broadly, the word forensic has become almost synonymous with legal, for instance
“FORENSIC MEDICINE” means legal medicine.
What is Ballistic?
- it is the science that deals with the study of the motion of projectile or simply the science
of firearm identification.
- in its legal meaning, it is the microscopic examination of fired cartridge cases and bullets
together with the recording and presentation by means of Photography or what is revealed by the
microscope.
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
Sketching refers to the process of recording of information with respect to its location,
position, measurement, orientation and details of findings in a sketchpad 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 of location of the objects and their relationship to other objects
and its surroundings.
3. To assist the prosecutor and the judge in understanding condition at the crime scene;
4. To supplement photographs;
5. To assist in the in the 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 eye witness and other persons in the area.
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
7. Name of victim- the part of the sketch where the name of the victim is written.
8. Name of suspect- refers to the part of sketch where the name of the suspect is written.
9. Legend- This is usually placed at the bottom of sketch outside the 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 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 item in the scene must be include. 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 finish 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.
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
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.
EVIDENCE
What is Evidence?
Is the means sanctioned by these rules of ascertaining in a judicial proceeding the
truth respecting a matter of fact.
Evidence is any material which tends to persuade the court of the truth or
probability of some facts asserted before it. It is the means by which any alleged matter of
fact, the truth of which is submitted to investigation, is established or disproved.
Weight and sufficiency of evidence;
1. Proof beyond reasonable doubt
a. Does not mean such degree of proof as, excluding possibility of error, produces
absolute certainty
b. Moral certainty only is required, or that degree of proof which produces conviction in
an unprejudiced mind.
2. Circumstantial evidence to sustain conviction must:
a. More than one circumstance
b. facts from which inferences are derived are proven
c. Combination of all circumstances such as to produce conviction beyond reasonable
doubt
3. Substantial Evidence
The amount of relevant evidence which a reasonable mind might accept as adequate
to justify a conclusion.
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
Classification of Evidence
a. Object (Real)
That which is directly addressed to the senses of the court and consist tangible
things exhibited or demonstrated in open court, in an ocular inspection, or at a place
designated by the court for its view or observation of an exhibition, experiment or
demonstration; always relevant regardless of contents.
Documentary
Evidence supplied by written instruments or derived from conventional symbols,
such letter, by which ideas are represented on material substances.
Testimonial
That which is submitted to the court through the testimony or deposition of witness.
b. Relevant
Evidence having any value in reason as tending to prove any matter probable in an
action
Relevancy- logical relation of evidentiary fact in issue
Material
Evidence directed to prove a fact in issue
Competent
One that is not excluded by law in particular case
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
C. Direct
That which proves the fact in dispute without the aid of any inference or
presumption
Circumstantial
The proof of the facts other than the fact in issue from which taken either singly or
collectively, the existence of the particular fact in dispute may be inferred as a necessary
or probable consequence.
d. Cumulative
Evidence of the same kind and to the same state of facts
corroborative
Additional evidence of a different character to the same point for higher probative
value
e. Prima facie
That which standing alone, unexplained or uncontrolled is sufficient to maintain a
proposition
Conclusive
Class evidence which the law does not allow to be contradicted
f. Primary or Best
That which the law regards as affording greatest certainty of the fact in question
Secondary or substitutionary
That which is inferior to the primary evidence and is permitted by law only when
the best evidence is not available
g. Positive
The witness affirms that a fact did or did not occur
negative
The witness states that he did not see or know of the occurrence of a fact.
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
Genghis Khan- The leader of Mongol Conqueror. And the one who used prisoners as a source of
information.
Sir Francis Walsingham- Organized the first National Intelligence Service and protected Queen
Elizabeth from countless Assassin.
Arman Jean du Plessis- Took the name Richelieu, which means the network of convert
intelligence and used accurate information.
Louis XIV- He employed the used of surveillance, postal censorship, and military intelligence
organization.
Napoleon Bonaparte- Introduced the principle “One spy in the right place is worth 20,000 men
in the field” also maintain Military Intelligence and secret political police service.
Karl Schulmeister- called the Napoleon’s eye, because he is the Napoleon’s military secret agent.
Through espionage he infiltrates the Australian General Staff.
Joseph Founche- Bonaparte’s Head of Internal Security. Founded the modern system of spying
on spies which later know as COUNTER ESPIONAGE.
Frederick the Great – Known as the Father of Organized Military Espionage. His method was to
divide his agent into four (4) classes;
Common spies- this refers to a recruited person to earn money.
Double spies- The Law informers and unreliable renegades of values, means spreading false
information to the enemy.
Spies of Consequences- invariable requiring a substantial bribes or bait. And Person who are forced
to undertake espionage against his will.
Hannibal- Considered one of the brilliant militaries who used intelligence in history. Developed
an effective intelligence system for 15years, often disguise as a beggar to gather information.
Alfred Redl- one of the most brilliant intelligent agents and the Chief of the Australian Hungarian
Secret Service and later on they discovered that he is Agent of Russian. In 1913, his treason was
discovered and force to commit suicide and lead to the death of 500,000 agents and soldiers
combine in his 13 years espionage episode.
The Brahma Kautilya- Introduced his intelligence principle “The ruler should strike at his
enemy’s weak points by means of spies”
Federal Bureau of Investigation (FBI) – established in 1908, as investigate arm of the US
Department of Justice. JOHN EDGAR HOOVER became the first FBI Director.
Central Intelligence Agency (CIA) - The Agency Created under the US National Security Act of
1947. The first Director was Admiral Roscoe Hillenkoeter.
Komitet Gosudarstvennoy Bezopasnosti (KGB) - The Intelligence Agency of Russia.
The Mossad - The intelligence Agency of Israel. Reuven SHiloah was the first Director of Mossad.
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
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Forms of Intelligence
Sociological intelligence – deals with the demographic and psychological aspect of groups of
people and group dynamics of a population. Sociological concepts are key to understanding a
region’s stability, military capability, and foreign policy.
Biographical Intelligence – deals with the individual personalities who have actual possession of
powers.
Biographical intelligence refers also to a subset of intelligence analysis based on knowledge and
recording, every possible name, nickname, code and other identifiers for individuals.
Armed Force Intelligence/ Military intelligence (deals with the armed forces of the nation) is an
element of warfare which covers all aspects of gathering, analyzing, and making use of
information, including information about the natural environmental (Shulsky and Schmitt, 2002),
over enemy forces and ground. It involves spying, looks-outs, high-tech surveillance equipment
and also secret agents.
Geographical Intelligence – deals with the progress of research and development as if affects the
economic and military potential of nation.
KINDS OF INTELLIGENCE
Strategic Intelligence – an intelligence data that are not of an immediate value. But rather in a
long range of its nature it may became relevant in Police Operation.
Is knowledge pertaining to the capabilities and vulnerabilities of foreign nations, which is required
by a national planner (High ranking and Civilian Leaders) for a formation of a national defense.
Line Intelligence – Immediate in its nature. It is the kind of intelligence required by the
commander to provide for planning and conduct tactical and administrative operation in Counter
insurgency.
Intelligence information to be determined in line
Intelligence is the word PWET;
P – people, refers to the living condition of the people.
W - weather, refers to the visibility/ cloudy.
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
4. Censorship - is the control, examination and analysis of individuals, the armed forces,
field press, and POW’s.
5. Special Operation – counter subversion, sabotage and espionage.
Combat Intelligence – is that intelligence required by a commander to provide a basis for the
planning and conduct of tactical operations.
Intelligence Service – is an agency that chiefly gathers and evaluate information for a country’s
political and military leaders. Purpose is to shape military policy, fight wars, and conduct economic
and other foreign relations.
Two kinds of Intelligence Service;
1. Foreign Intelligence Service - which is gather information about foreign countries and its
institutions, analyses such information or both. It can conduct in covert operation.
2. Internal security service – seek to neutralize hostile intelligence services operating within
the country and focus also on the detection of terrorist/criminal groups. Usually they rely on
open sources such as books, magazines, newspapers and T.V.
Operational Intelligence
Operational intelligence is focused on support to an expeditionary force commander and will
be attached to the formation headquarters.
Major Intelligence Services in the Philippines;
1. NICA – National Intelligence Coordinating Agency, is the primary intelligence gathering
and analysis arm of the Philippines government, in charge of carrying out overt, covert,
and clandestine intelligence programs. Its motto is: Ang Karunungan ay Kaligtasan
(translated: “Knowledge is Security”). To counter the threat of terrorism.
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
4. Movement – this refers to the movement or tactics of the enemy unit. In view of this
possibilities, a unit in movement becomes highly important and must be tracked as closely as
possible.
5. Strength – the factor of strength is concerned with the total number of personnel, type units
and supporting weapons in a given enemy force.
6. Tactics – this refers to the conduct of operation by the enemy.
7. Training – this refers to enhance the capabilities of each personnel most specially in battle
field.
8. Logistics – this factor refers to the factor closely related to combat efficiency and the ultimate
determination of capabilities.
9. Combat efficiency – is a term use to describe the effectiveness and fighting quality of the
enemy.
10. Miscellaneous data- this includes in knowing more with regards to the enemy for effective
combat operation.
Order of battle intelligence is mandatory for commanders and staff at all levels in the
preparation of accurate estimate of the situations and effective plans of actions.
Who are the users of Intelligence?
1. National leaders, PNP/Military commanders for the formulation and implementation of
policies.
2. Advisors and staff for preparation of plans and estimates.
3. Friendly nations or other branches of the government.
4. Processor for basis of evaluation and interpretation.
Area of Operations (AOR) – description of the actual or potential area of operation weather or terrain
and its effect on the contending force.
Phase IV – Dissemination and Use - this refers to the information that are disseminated to the
organization/personnel who need it.
Methods of Dissemination;
Personnel Contact – this can be done formal or informal in order to feel the interest and needs of the
user.
Messages – this is through telephone, radio or cell phone.
Formal Intelligence documents – permit the presentation of intelligence in comprehensive form.
Others Methods of Dissemination;
1. Fragmentary orders from top to bottom of the command.
2. Memorandum, special order.
3. Conference.
4. Reports
5. Verbal/ personnel contact.
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
Intelligence Files;
1. Journal file – this refers to the file that contains a copy of each message or document noted
in the journal. This is permanent and official record.
2. Information or reference files – all information should be filed for future references.
3. Order of battle and wanted list files – Order of battle is the identification, strength,
command structure and disposition of personnel. Wanted list file is the consolidated list of
persons with warrant of arrest.
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
1. Top Secret – this are information and materials, the unauthorized disclosure of which
would cause exceptionally grave damage to the nation (Politically, Economical and
security aspects). This category is reserved for the nations closet secret to be used for great
reserve.
Example;
A. Very important political documents dealing with negotiations for major alliances.
2. Secret – Information and material, the unauthorized disclosure of which would endanger
national security, cause serious injury to the interest of the nations or any governmental
activity or would be of great advantage to the foreign nation.
4. Restricted – refers to information and material that requires special protection other than
that determine to be Top Secret, Secret, and Confidential.
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
Cryptography – is the art and science of preparing coded or protected communications intended
to be intelligible only to be person possessing a key.
This comes from the Greek word Kryptos that means secret.
And Graphos that means Writing.
Important Terminology in Cryptography;
1. Plaintext – refers to original communications that is scrambled.
2. Cryptogram – the product of enciphering process that usually involves an algorithm and
a key.
3. Encryption Algorithm – is a particular method of scrambling a computer program or a
written act of institution.
4. Cryptanalysis – refers to the Arts of analyzing ciphertext to extract a plaintext or the key.
Example;
I WILL DO IT. IF NOT TODAY, THEN TRUST ME. SIGNED SMITH.
PDI: (copy out every third word)
CHAPTER 8
SURVEILLANCE, INFORMANT AND INFORMER
4. Discontinuing the surveillance – this is only done when the subject directly
or indirectly suspected that he is under surveillance.
1. NOTE – The investigator must maintain a note or long containing a
chronological record of the activities of both the investigator and the
subject. The log can be used either in the interrogation of the suspect or
for purposes of cross-examination during trial.
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
There are three (3) types of shadowing employed, depending upon the objective of
the surveillance:
a) “Loose Tail” is employed when a general impression of the subject’s habits
and associates is required.
b) “Rough Shadowing” without special precautions may be used when the
criminal must be shadowed and he is aware of this fact; or where the subject
is a material witness and must be protected from harm or other undesirable
influences.
c) “Close Tail” surveillance is one in which extreme precautions are taken
against losing the subject.
Tactics – The subject should be kept unaware that he is being shadowed. The
investigator should be inconspicuous. He should not be detected looking directly
behind the subject. Both sides of the street should be used. If the tail, he should
request immediate removal from assignment.
Types of Surveillance;
1. Stationary/Fixed Surveillance – this refers to a fixed positions in observing
a place or person.
2. Mobile Surveillance – this refers to actually follow the subjects on foot or
vehicles. This may be done close or loose.
Close Surveillance – the subject is kept under observation at all times.
Loose Surveillance – the subject is watch part of the time or his activities
are spot checked.
3. Tailing or shadowing – is the act of following a person or persons.
Methods of Tailing
a. One man Method – refers to a difficult to do because subject can be
lost.
b. Leapfrog Method – only one member of the team maintain contact
with the subject. It is close tail with the other member of the squad
keeping contact with those immediately ahead of them.
c. Group Method – this method refers to several men assigned as Group
Tail.
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
2. TWO-MAN SHADOW
This is easier for the surveillance to fully cover the subject. The
methods allow the exchange of the positions of the shadowers in order to
avoid discovery. One shower will follow behind the subject and the other may
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
either be abreast or on the opposite side of the street. Or following the first
shadower.
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
Types of Cover:
1. Natural Cover – using true or actual personal background to fit the purpose.
2. Artificial Cover – a cover using biographical data adopted for a fictitious
purpose.
3. Cover within the Cover – use of secondary cover in case of compromise
which necessitate the admission of a lesser crime.
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
Importance of cover:
1. Secrecy of operation against enemy intelligence
2. Secrecy of operation against unfriendly/enemy
3. For the successful accomplishment of the mission
THE INFORMANT
Informant refers to a person who give information voluntary without any
consideration or reward. It is also defined one who relays confidential information
to someone, especially to the police.
Types of Informants:
1. Criminal Informant – who gives information to the police pertaining to the
organized crime or underworld crime.
2. Confidential Informant – similar to the criminal informant but give
information against the law informing crimes and criminals
3. Voluntary Informant – who gives information freely and willfully as a
witness to a certain act. They are considered as the best witness.
4. Special Informant – who gives information on specialized cases, ex; teacher,
clerk or those who are in a profession.
5. Anonymous Informant – they give information through telephone or cell
phone for them not to identify.
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
MOTIVES OF INFORMANTS
a. Vanity – The motive is for self-aggrandizement by gaining favorable
attention and importance by police.
b. Civic Mindedness – those imbrued 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
Refers to a person who give information in consideration of reward.
Policies in the use of Informants and Informer:
1. Provide protection, do not let him down.
2. Keep record, keep a safe file on each.
3. Remuneration, give what is due to him
4. Maintain regular contact.
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
The national agencies checked under this type of investigation are the following;
a. National Intelligence Coordinating Agency (NICA)
b. NBI
c. ISAFP
d. Directorate for intelligence, National Headquarters, PNP
e. CIDG, NHQ, PNP
2. Local Agency Check – this type of investigation consists of written inquires sent to
appropriate local government agencies, former employees, character references, listed by
the person under investigation.
The local agencies normally check besides past employment, schools and character
references, the following;
a. Locality where the individuals is a resident.
b. Mayor of the locality where the individual is a resident
c. City or municipal police station
d. City or municipal judge
Background investigation
A background check will investigate a candidate’s background based on criteria determined by
their prospective or current employer.
A check of a candidate’s background may include employment, education, criminal records, credit
history, motor vehicle and license record checks.
Each type of check will reveal different information pertinent to that check. A candidate should
get clarification from the organization requesting the background check in order to understand
what specific searches are being requested.
This is much more comprehensive investigation that the NAC or LAC. This investigation might;
a. Complete background Investigation (CBI) – consist of the investigation of the
background of the individual, including all the circumstances of his personal life.
b. Partial Background Investigation (PBI) – consist of the investigation of the background
of the individual but limited only to some of the circumstances of his personal life which
are deem pertinent to investigation.
After conducting all tests (written, practical or medical) and interviews, a decision has to be made
if the applicant becomes a candidate for hiring. Before those decisions is made, two critical
questions are asked.: Can he or she do the job? And what kind of person he or she is?
Background investigation will be asked from the previous employers (last three) of the
applicant:
1. How did the applicant perform on the job? Any appraisal results?
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
enforcing all other policies and procedures. This section should also define various classes
of data, such as internal, external, general and confidential.
2. Network service policies: Generate policies for secure remote access, IP address
management and configuration, router and switch security procedures, and access list
(ACL) stipulations indicate which key staff need to review which change procedures before
they are implemented.
3. System policies: Define the host security configuration for all mission-critical operating
systems and servers. Include which services should be running on which networks, account
management policies, password management policies, messaging, database, anti-virus,
host-based intrusion detection, and firewall policies.
4. Physical security: Define how buildings and card-key readers should be secured, where
internal cameras should be installed, how visitors should be handled and what inventory
rules and regulations you’re shipping and receiving folks should follow.
5. Incident handling and response: Specify what procedures to follow in the event of a
security breach or incident. Include policies such as how to evaluate a security incident,
how the incident should be reported, how the problem should be eradicated, and what key
personnel your organization should engage in the process.
6. Behavior and acceptable use policies: Stipulate what type of behavior is expected of
employees and your management team, and what forms and documents need to be read,
reviewed, filled out and followed. Employees should be required to read and sign the
acceptable use policy so that management has the option to take disciplinary action in the
event that the policy is violated.
7. Security training: Define a security training plan for key staff who manage day-to-day
security operations in order to sustain your security policy and keep your security staff
current with the latest techniques.
Once you’ve established policies that suit your organizations you should draft procedures
that outline how to comply with the policies. Define how you secure operating systems, what files
to edit and configure, what ports should be open and closed on the firewall, how databases should
be secured and what updates need to be applied on what timeframe. Include what jobs should be
run and when.
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
1 minute
2 Sit-ups 35 reps 25 reps
3 Kilometer
3 run 19 mins 21 mins
1. The applicant will be notified that he/she passed the Pre-assessment and will be required
to submit the necessary documents:
NSO issued Birth Certificate
Certificate of Eligibility
Transcript of Records/Diploma
2 Valid Identification Cards with Picture
3. The Recruitment Officer shall conduct the initial measurement of height and weight in the
presence of HS and NAPOLCOM representative. Those who failed to meet the height,
weight and age requirement shall not be allowed to proceed but instead will be included in
the waiting list, to be referred to NAPOLCOM for the grant of waiver in case the number
of applicants falls short of the approved quota.
4. The Recruitment Officer shall initially conduct visual physical inspection for presence of
large tattoos and noticeable physical deformities.
5. Physical Agility Test (PAT) – this test is given to determine whether an applicant possess
the required coordination, strength and speed of movement necessary in the police services.
Passing the PAT only indicates the minimum physical ability required to undertake the
police training.
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
The PAT shall be done sequentially from 1 to 3 and not in any order. For female bench push-up,
the height of the bench shall be 2 feet measured vertically from the ground level and applicants
shall be rated “Passed or Failed” only. Absolutely, there shall be no retake of the PAT or any of
the events within the same recruitment cycle.
6. Submission of Documentary Requirements
3. Drug Test (DT) – All applicants shall be subjected to random drug test any time after
passing the PPE. Applicants for Drug Test shall also be identified by designated code
numbers.
2. The Appointing Authority shall issue the appropriate Appointment Orders. The Order
shall identify the candidates in alphabetical order indicating their address together with
the Badge Numbers and PNP personnel Identification Numbers (PPINS).
3. The oath-taking shall be scheduled immediately but not earlier than the issuance and
effectivity of the appointments.
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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD
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