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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE

SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD

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.

The Etymology of criminal Investigation


The word Investigation came from the old French investigation which means “a searching
into” and from the Latin word “investigationem” which means “a searching for “. Investigation
therefore refers to searching into either individual or properties.

The Criminal Investigation


Criminal Investigation refers to the collection of facts to accomplish the threefold aim: to
identify the guilty party, to locate the guilty party; and to provide evidence of his guilt through
criminal proceedings.
Criminal Investigator is a law enforcement officer who are trained, disciplined and
experienced to conduct criminal investigation. The investigator is sometimes called the superstar
in the process of investigation in which in all instances investigator use his discretion-the wise use
of his judgment.
When to investigate? The police officer initially conducts investigation when one of the
following occur;
1. Complaint filed
2. Crime committed or crime is in progress
3. Drug related offense
4. Traffic accident
5. Operation of organized crime
6. Suspect is under arrest and detention
7. Suspect is at large and or fugitive from justice
“AT LARGE” means the suspect is not under arrest or detention not being wanted person
in the eyes of the law, and therefore cannot be lawfully arrested without warrant.
“FUGITIVE FROM JUSTICE “this is obtained when “an individual who, after having
committed a criminal offense, leaves jurisdiction of the court where such crime has taken
place or hides within such jurisdiction to escape prosecution.

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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD

PHASES OF CRIMINAL INVESTIGATION


1. The identification of criminal
2. The criminal is traced, located and arrested;
3. Pieces of evidence are presented in court
THE CONCEPT OF CRIMINAL INVESTIGATION AS AN ART AND A SICENCE
 Criminal Investigation is an ancient science that may have roots as far as 1700 BC
 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 science because it involves the application of knowledge of forensic science in
the process of identifying, locating, collecting, processing, and / or evaluating
physical evidence.
GOALS OF CRIMINAL INVESTIGATION
1. To determine whether a crime has been committed
2. To legally obtain information of 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 criminal justice system in recognizing and identifying
criminals and provide justice to offended party, offender (as the case maybe), and in
promoting social justice.
3. An aid enforcing the laws and the protection of lives and properties.
As a general rule, all crime incidents must be recorded in the official police blotter – is a “18x12”
logbook that contains the daily registry of all crime incidents reports, official summary of arrest,
and other significant events reported in the police station.

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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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD

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).

HISTORICAL BACKGROUND OF CRIMINAL INVESTIGATION


The Code of Hammurabi ruled from 1792 to 1750 BC
Is considered to be the oldest known code of law from the old Babylonian period. The code
is also one of the earliest examples of the idea the presumption of innocence, and it also suggests
that both the accused and accuser have the opportunity to provide evidence.

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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD

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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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
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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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
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.

“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 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 law of PNP applicable in Criminal Investigation;


1. 1987 Constitution, Article XVI, section VI, provides “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.
2. 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 shall be their duty
to preserve peace and order; prevent the commission of the crimes; protect life, liberty
and property; and arrest all violators of laws and ordinances within their jurisdiction.
They shall exercise the general power to make arrest, searches and seizures in
accordance with law. They shall detain an arrested persons only within the period
prescribed by law. Approved September 8, 1966, by Cong. Teodulo C. Natividad
3. RA No. 6975. The creation of BFP, BJMP and PNP under the Department of
Interior and Local Government (DILG) Act of 2990.subsequently dissolving the PC
whose officers and rank and file were given the privilege neither to join the AFP or the
PNP within the provided therein.
4. 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.
5. RA No. 7438. An act defining certain rights of persons arrested. detained or under
custodial investigation.

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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
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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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD

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

Duties of arresting officer:


1. It shall be the duty of the officer executing the warrant without necessary delay to arrest
the accused and to deliver him to the nearest police station.
2. During arrest, with or without warrant, it shall be the duty of arresting officer to inform
the person to be arrested of the cause of the arrest or his constitutional rights in dialect
or language known to him except when he flees or forcibly resist.
3. The officer must present the warrant to the person arrested, in case that he did not bring
with him at the time of arrest, he shall be shown to him as soon practicable.
4. No torture, force or violence or any other means which vitiates the freewill of the person
arrested.
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 aid without detriment to
himself.
Right of Attorney of Relative to visit person arrested.
Any member of the bar shall, at the request of the person arrested or another on his behalf,
have the right to visit and confer privately with such person, in jail or any other place of the custody
at any hour of the day or, in urgent case, of the night. this right shall be exercised by any relative
of the person arrested subject reasonable regulation.
Executive Order No. 155, dated 30, March 1987, amending republic Act No. 857, penalizes
any public officer who deprives a person of his rights to counsel. The penalty shall be prison
correctional or imprisonment of 6 months and 1 day to 6 years.

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 RIGHT OF THE ACCUSED DURING CUSTODIAL INVESTIGATION
1. Right to remain silent
2. Right to counsel of his own choice and if he has none, the government must provide
one for him;
3. Right to be informed of the nature of the accusation.

These rights COULD BE VALIDLY WAIVED IN WRITING AND WITH


THE ASSITANCE 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.

The invalidity of an arrest leads to several consequences among which are:

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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD

a. The failure to acquire jurisdiction over the person of an accused


b. Criminal liability of law enforcers for illegal arrest; and
c. Any search incident to the arrest becomes invalid thus rendering the
evidence acquired as constitutionally in admissible.
INSTANCES OF WARRANTLESS ARREST, this is known as citizen’s 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, 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.
3. When the person to be arrested is an escapee from jail.
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 in to custody.
The Inquest
Inquest is an informal and summary investigation conducted by a public prosecutor in
criminal cases involving person arrested and detained without the benefit of warrant of arrest
issued by the court for the purpose of determining whether or not said persons should remain under
custody and correspondingly be charge in court.
SEARCH AND SEIZURE
Search Defined
Search is an examination of an individual’s person, house, papers or effect, or other
buildings and premises to discover contraband or some evidence of guilt to be used in the
prosecution of a criminal action.
General Rule: any police officer cannot search unless there is valid search warrant. To be valid,
probable cause must be established.
In People v. Aruta, the court explained that the language of the constitution implies that
“searches and seizures are normally unreasonable unless authorize by a validly issued search
warrant or warrant of arrest’.
Search Warrant defined
It is an 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.

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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD

The Basic Principle of Search Warrant:


1. It shall be issued by the judge directed to a peace officer commanding him to search
for personal property and bring it before the court.
2. It has 10-day validity period upon receipt of the search warrant.
3. The issuing judge must be within the place where the crime committed, or the issuing
judge must be within the place where the property seizes.
4. In enforcing the search warrant, the officer must observe the two-witness rule in the
process of search;
5. As a general rule, it is only enforceable at daytime, except as [provided by the issuing
judge to search during night time.
6. The officer must follow what specified in the search warrant to include property to be
seize and its location;
7. The officer has the right to break door or window to effect search.
Procedure in executing Search Warrant:
A search warrant must be served within 10 days from date (thereafter, it shall be void)
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 competent witness who is a resident of
the neighborhood. If he refuses 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 herein, he may
force himself out to liberate himself.
b. The search must be made at daytime, unless otherwise state;
 The officer seizing the property must issue a detailed receipt of the things
seized to the person whose possession it was found, or in the absence of
such person, he must in the presence of at least one witness, leave such
receipt in the place where such things where seize.
c. (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 witnesses. Recent Supreme Court decisions, however, an
extrajudicial confession of the commission of the offense charge. Consequently, if the
accused does not sign such receipt, if may still be used in evidence. moreover, of the
accused did in fact sign of receipt, but he signed it with the assistance of a lawyer of
his choice. The act would constitute a valid waiver of his rights against self-
incrimination.
c. (2) it must be note that in the cases cited above, the crime charge is possession of
prohibited drug. Thus, the signature of an accused on the receipt is a declaration against interest
and a tacit admission of the crime charged, as a mere unexplained possession of prohibited drugs
is punishable. The doctrine is therefore not a hard and fast rule as far as the “Receipt for Property
Seized” is concerned. If the crime charged is possession of unlicensed firearm. for example, the
doctrine would, apply.in other cases, it will not apply.

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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD

c. (3) another document which is made after search is 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.
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 the theft or planting of evidence.
B.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.
QUESTION: is it necessary that the person named in the search warrant be the owner of the things
to be seized?
ANSWER: No. Ownership is of no consequence. What is relevant is that the property is connected
to an offense
QUESTION: A warrant was issued for the seizure of drugs connected with the violation of
Dangerous Drugs Act. Is the warrant valid?
ANSWER: The warrant is valid. Although there are many ways of violating the Dangerous Drugs
Act, it is not a scatter shot warrant since it is in connection with only one penal law.
SCATTER SHOT WARRANT, it is a kind of search warrant issued for more than one offense. it
is void for the law requires that a search warrant should only be issued in connection with one
offense.
QUESTION: Police Officers applied for a warrant to search door #1 of an apartment complex,
the Court issued the warrant. When they went to the apartment complex, they realized that what
they thought was door # 1 was actually door # 7, can they search door #7.
ANSWER: No. what is controlling is what we stated in the warrant, and not what the peace officer
had in mind, even if they were the one who gave it the description to the court.
QUESTION: Can the Police Officer seize anything that is not included in the warrant?
ANSWER: No. anything not included in the warrant cannot be seized except if it is Mala Prohibita.
In such a case, it should be kept in custodia legis.
QUESTION: Chinese were found inside who couldn’t not speak English or Filipino. The Chinese
were locked inside a room and two witnesses who were not occupants were used while searching
the house and seizing the prohibited drugs. Valid.
ANSWER: No. the two-witness rule can only apply when there is absence of the lawful occupant
of the premises search.
In this case, they locked the occupants in a room while doing the search and seizure
and used two witnesses who were not occupants of the premises.
QUESTION: If the warrant was executed even before the expiration of the 10-day period, can the
peace officer use the warrant again before it expires?

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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.

INSTANCES OF WARRANTLESS ARREST:


1. Warrantless search incidental to a lawful arrest.

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.

2. When prohibited articles are in plain view.

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.

3. Search of moving vehicles.

A checkpoint search is a variant of a search of a moving vehicle. Checkpoint per se


is not invalid. They are allowed in exceptional circumstances to protect the lives of
individuals and ensure their safety.

The extent of routine inspections must be limited to a visual search. However, an


extensive search may be conducted on a vehicle at a checkpoint when law enforcers
have probable cause to believe that the vehicle ‘s passenger committed a crime or when
the vehicles contain instruments of an offense.

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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD

4. A “Stop and Frisk” Search


Refers to as act of a police officer to stop a citizen on the street, interrogate him,
and pat him for weapon or contraband. Thus, the allowable scope of “stop and frisk”
search is limited to a protective search of outer clothing for weapons.
In Manalili v. CA,the police officers conducted surveillance operations in
Caloocan City Cemetery, a place reportedly frequented by drug addicts. They chanced
upon a male person who had ‘reddish eyes and was walking in a swaying manner.”
suspecting that the man was high on drugs, the police officers approached him,
introduced themselves, and asked him what he was holding, however the man resisted.
Upon further investigation, the police officers found marijuana in the man’s possession.
This court held that circumstances of the case gave the police officers justifiable reason
to stop the man investigate if he was high on drugs.
In people v Solayao, the police officers were conducting an intelligence patrol
to verify reports on the presence of armed persons within Caibiran. They met a group
of drunk men, one of whom was the accused in camouflage uniform. When police
officers approached, his companions fled leaving behind the accused who was told not
to run away. One of the police officers introduced himself and seized from the accused
a firearm wrapped in dry coconut leaves. The court likewise found justifiable reasons
and frisk the accused when his companions fled upon seeing the government agents.”
The “stop and frisk” searches in these two cases were considered valid because
the accused in both cases exhibited overt acts that gave law enforcers genuine reason
to conduct “stop and frisk “search.
5. Custom search

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.

6. Consented warrantless search

If the person submitted voluntarily to be search, it is good, as there are search


warrant because of the consent of the person to be search. The consent of the person
must not have been because intimidation, threat of the person making the search. Thus,
the Supreme court held that in the case of;

People v. Omawing, 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 spare tire. the accused consented
and upon inspection the bag was found to contain marijuana. The SC ruled that there
was Valid waiver.

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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD

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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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD

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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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD

c. C. front part of clothing cannot be searched.


d. This can be extremely dangerous if the subject has knowledge of judo.
Fruits of Poisonous Tree Doctrine
A rule requires that evidence that is illegally obtained should be excluded from admission
in a criminal proceeding. The purpose behind this doctrine is to deter police misconduct that is
reckless, deliberately or gross negligent.
Mugshot and Fingerprints
Arresting units shall at all times take mugshots and fingerprints of all arrested persons.
Copies thereof shall be submitted to the PNP crime laboratory service to serve as master file.

CHAPTER 3
BASIC ELEMENTS OF INVESTIGATING CRIME SCENE

The Crime Scene

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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD

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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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD

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.

SOME MATERIALS NEEDED IN REPOSNDING TO THE SCENE


1. Searching Materials: examples “flashlights, magnifier, etc.
2. Sketching materials -Ex; chalk, graphing paper, sketching pad, clipboard, paper
board, pencil/ballpen, etc.

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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD

3. Measuring materials-ex: compass, tape measure, ruler, etc.


4. Recording materials- ex. Tape recorder, vi deo recorder, etc.
5. Collecting materials- ex. Cutting fliers, knife, screw device, dropper, forceps,
fingerprinting equipment.
6. Preserving materials -ex. Bottles, envelopes, test tubes, evidence tags/label, etc.

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.

As search is in progress, the investigator shall identify pieces of evidence by putting


a tag and for collection purposes.

1. Collecting Evidence. This is accomplished after the search is completed, the rough &
finish sketch and photograph is required.

Things to consider in collecting evidence


1. Gloves must wear by the investigator
2. Fragile evidence should be collected as they are found
3. The firearm should be lifted using string or handkerchief in its trigger guard to avoid
destruction of possible latent prints in the firearm. All firearms found to have tampered
serial number (SNs) shall be automatically subjected to macro etching at the PNP -CL.
A corresponding report to the firearm and explosive office (FEO) must be made for
verification purposes. In the collection, the investigator should touch the evidence only
when necessary.

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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD

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.

2. Marking Evidence – As evidence is collected, it is individually marked with initials of the


investigator. The marking tools depends upon the nature of the evidence, if it is a hard
object such as metals, the initials are scratched or engraved by the use of sharp-pointed
steel, which is called stylus.

Method of Marking Specific Evidence

 Revolver must be marked separately on the BARREL, FRAME, BUTT,


CYLENDER, and STOCK. Tape should also be put around the bore and the frame
of the gun with signature of the investigator.
 Pistol 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 magazine 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 opened for examination. A drawing must
depict the chamber faxing 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 sketched and noted. Colt
revolvers have clockwise direct 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 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 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 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 part so that the rifling (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
measurement aside from what is sketched.

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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD

 Every collected evidence is marked through the initial of the investigator. If


they are of the same class or type such as Cal .45 fired empty shells, they are
marked consecutively such as MJB 1, MJB2, MJB3, and so forth, depending
on the initial of the investigator.

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.

6. Preservation of Evidence- it is the investigator responsibility to ensure that every


precaution is exercised to preserve physical evidence in the state in which it was recovered
/obtained until it is released to the evidence custodian.
7. Releasing the Scene - The scene is not release until all processing has been completed.
The release should be affected at the practicable time, particularly when an activity has been
closed its operation curtailed.

The following principles should 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 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

7. Where did the investigator secure or obtain the evidence?


WHEN QUESTIONS: these are questions needed to determine the fix time, day, month and year
when the crime was committed. When questions should specify and as accurate as possible.
1. When was the crime committed?
2. When it was discovered?
3. When was the police notified?
4. When was the victim last seen?
5. When as 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 the victim?
3. Why didn’t he just let the victim go?
4. Why didn’t 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 enter 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 following:
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 use to commit crime
3. Observed and Experiment-serves as a check for the hypothesis that is
correct or incorrect.
4. Interpret data- interpret results of final observations and
experimentation
5. Draw conclusion
a. Has the stated problem been answered?

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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD

b. Does the evidence support the hypothesis?


c. Has each stage of investigative method been conducted in a legal
manner?
d. Dopes data interpretation support a recommendation?

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.

Psychologist estimate that approximately 85% of our knowledge is gathered through


sight,13% from sense of hearing and only 2% through the three other senses.

Psychological processes of accurate observation:


1. Attention – consist of the psychological process involve in becoming aware of an
existence of facts.
2. Perception – involve in the understanding fact of awareness.
3. Report – involved in identifying what has been perceive, narrated, and identified.

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 data.
2. Cultivated Sources – information furnishes by informants or informers
3. Grapevines Sources – when the information is disclosed by the underworld
characters such as prisoners or ex-convicts

GENERAL TYPES OF SUSPECT IDENTIFICATION


1. POSITIVE IDENTIFICATION - this use information that identified an individual
beyond question and is legally acceptable as pertaining to and originating from a
particular individual.

Example:
 Information developed after comparing questioned with inked fingerprints;
 Result of DNA analysis of blood and semen;

2. TRACING IDENTIFICATION – this involves use of all other information that


maybe indicative of the personal identity of an individual.

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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1. Government Records – Policed files, NBI files, Bureau of Immigration files,


COMELEC files, files from the local jails and the National Bureau of Prison (NBP)
and other government agencies.
2. Private Records – from private offices and business and non- government
organization.
3. Intercepted messages – from telephones, cellular phones, radio telecommunications
and other means of communications.
4. Records of the Firearms and Explosive Units – concerning licensed firearms holder
and of firearms and authorized possessors of explosives.
5. Fire Busting – tracing the chain of possession of a firearm, from manufacturer,
distributor, seller and to the last processor and possessor, (applicable in U.S. wherein
this could be done through the files of the FBI and other US police agencies.
6. Stored Data on computer 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 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.

THE INTERVIEW AND INTERROGATION

A philosophy of interview and interrogation:

The RIGHT Officer


Asking the RIGHT questions
In the RIGHT manner
at the RIGHT time and in the RIGHT place
Will get the RIGHT answers.

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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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.

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 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.

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 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 WITNESS REFUSE TO TALK OF TESTIFY

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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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.

OPENING THE INTERVIEW


1. The interviewer should identify himself and the agency to which he belongs.
2. He should try to size up the interviewee and reach to tentative conclusion about his type,
then use the best interview approach.
3. He should keep in mind the provision of law regarding the rights of people under custodial
investigation.

THE STAGES OF HANDLING INTERVIEW


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

In planning interview, the interviewer should consider:


a) The facts of the case which have been established so far.
b) The information needed to complete the picture.
c) The sources of information that may be consulted such as files and record.
d) The possibility of confronting the suspect with physical evidence.
e) The time available for the interview.
f) The time allowed by law
b. Approach – the investigator must carefully select his kind of approach, which may be a
single kind, a combination of two application of all techniques.
c. Warming up – this is done by preliminary or exploratory question to clear 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 and interference.

RULES IN QUESTIONING A PERSON


a) One Question at a Time – Multiple, complex and legalistic question 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 question should be avoided. The answers must be oral, clear, explicit and responsive to
the questions.
c) Simplicity of Question – A short simple question at a time is required. If the answer needs
qualification, then it should be allowed. Avoid legalistic question 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, distances, and description can be avoided if the investigator will

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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.

TYPES OF WITNESS ACCORDING TO THEIR ATTITUDE.

a. Know-nothing type – these are 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 witness who are prone to exaggerate, adding irrelevant or
new matters to their narration.
e. Honest Witness – these are truthful and cooperative witnesses where investigator
could rely upon, with little or no problem in handling with them.
f. Deceitful Witness – these are the liar type of witnesses.
g. Timid Witness – they are the shy witnesses. the approach must be fri3ndly and
reassuring confidentially of their information. They should be hidden from devouring
press by interviews or photo sessions.
h. Refusal to talk witness- these are the most difficult subject to deal with. Find out the
reason of their personality. The cause may be 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; 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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CONFESSION DISTINGUISHED FROM ADMISSION

 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

1. Extra Judicial Confession – those made by the suspect during custodial


investigation. Simply explained are that those confession is made outside of the
court.

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.

KIND OF EXTRA-JUDICIAL CONFESSION


a. Voluntary Extra-Judicial Confession – the confession is voluntary when the accused
speaks of his freewill 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 – confession obtained through force, threat,
intimidation, duress or anything influencing the voluntary act of the confessor.

IMPORTANT NOTE:

CONFESSION OTAINED FROM DEFENSDANT BY MEANS OF FORCE OR


INTIMIDATION/VIOLENCE IS null and void, and cannot be used as evidence against
him in 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.

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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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.

THE TECHNIQUES OF INTERROGATION

A. EMOTIONAL APPEAL – this is a technique where the investigator, combining his


skills of an actor and 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 my induce


the suspect to confess.

D. TRICK & 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 lineup method (accused is lined up among suspects)
6. Reverse line up (Accused is alone and coached witness and victim are piled to make
accusation 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 opportunity 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.

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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.

G. REMOVING THE ETHNIC OR CULTURAL BARRIER


- if the suspect is a Gaddang, a Gaddang investigator and the same should interrogate
him, the same with other ethnic or cultural groups, it is the Filipino ways of life that we
put our trust and confidence to those who belong to our clan or tribe. The interrogation
must be in 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 spot maybe the
youngest child, the wife, the mother, and the brother who acted as his father, the
grandparents or the best defriend.

ADDITIONAL MODERN TECHNIQUENOF 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 may be said that sometimes, killing is necessity
rather than by purpose or design. Robbery may be 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 the 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 was a way to downgrade murder
to homicide or the introduction of mitigating circumstance with the result of the penalty
being within the range of probation.

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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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.

POLYGRAPHY, A polygraph is a scientific instrument that simultaneously records


the changes in physiological processes of the human body and capable of recording
internal bodily changes such as, blood pressures, pulse-rates, respiration, electro dermal
properties of the skin or the galvanic skin-reflex (GSR), which are indicative or
emotional excitement ,especially lying, when questioned.

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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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.

PRE-TEST INTERVIEW is the first official stage of polygraph examination whereby


polygraph instrument is actually used while asking question to the subject. This is also
known as the actual test. It encompasses chart collection and chart analysis.

POST TEST QUESTIONING refers to the questioning that concludes the


examination either in the form of post-test interview or posttest interrogation.

What are the objectives of using Polygraph services?

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.

What are the principal uses of polygraph examination?

There are 5 main uses of polygraph examination;


1. Aid in investigation of criminal and civil cases
2. Speeds up investigation process
3. Eliminate innocent suspect
4. Pre-employment screening
5. Personnel test honesty

What are the limitations of the polygraph instrument?


The polygraph instruments are;
1. Invaluable investigative aid but never a substitute for an investigation
2. Not a lie detector, it is only a scientific diagnostic instrument
3. Not capable of determining facts, it only records responses of the subject

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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).

Forensic Photography is that field covering the legal application of photography in


criminal jurisprudence and criminal investigation.it is that branch of forensic science
dealing with the following;
1. Study of fundamental but pragmatic principles of photography
2. Application of photography in law enforcement; and
3. Preparation of photographic pieces of evidence needed by prosecutor and court
of law.

Fields of Photography significant to Police works


- Photography - involves the process of photographing minute object when magnified by
means of microscope and enlarge 10 times (10x) or larger;

- Photo macrography – involves the process of photographing objects that are directly
enlarge at the negatives and magnified up to 9X only;

- Infra-red Photography – the technique of photographing or recording unseen objects by


means of infra-red lights and infra-red-film; example is the practice of photographing
charred or burnt materials & overwritten text;

- Ultraviolet Photography – the technique of photographing unseen objects by the use of


ultra violet light filters; example is the process of photographing overwritten text and
marked money;

- X-ray Photography – X-ray Photography involves the process of photographing or


recording
internal structure of the human body.

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.

Methods of preserving the Pieces of Evidence:


 Photography and sounds recording, video, audio micro film.

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 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.

Medico-legal aspect of identification.


When an unknown body is found, the following should be noted by the investigator to facilitate
identification:
1. Place where body was found
2. Time when found
3. Cause of death
4. Time when death occurred
5. Approximate age
6. Supposed profession
7. Description of the body

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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4. Insensibility of the body and loss of power to move


5. Changes in and about the eye
6. Loss of cornmeal reflex
7. Clouding of the cornea

Changes in the body following death

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.

4. Forensic Chemistry and Toxicology


Forensic Chemistry is defined as the application of chemical principles in the examination
of physical evidence in solution to problems that arise in connection with the administration of
justice. It encompasses a large field in the determination and analysis of the crime of evidence.
Forensic Toxicology is a hybrid of analytical chemistry and fundamental toxicological
principles. It is concerned primarily with medico-legal aspect of the harmful effects of chemicals
on human and animal as well.
The role of the forensic toxicologist is limited to matters that pertain to violation of criminal
law. This the most difficult criminalistics procedures since it needs a great deal of experience and
a large amount of laboratory works to make the analysis.

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A forensic chemistry laboratory can:


- examine blood and other bodily fluids
- determine gunpowder residues and explosives.
- examine wine, vinegar, and other substances for unfair trade competition.
- examine prohibited and regulated drugs.
- examine the chemical aspect of hair, textile fibers, and documents.
- examine glass fragments, fractures, and moulage.
- examine the nature, physiological action, chemical and physical dosage, detection, and
treatment of poisons.

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.

SKETCHING THE CRIME SCENE AND EVIDENCE


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.

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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.

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.

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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

Kinds of Physical Evidence


1. Corpus delicti- objects /substances which are essential parts of the body of crime.
2. Associative evidence – evidence which links the suspect to the crime scene or offense
such as fingerprints and shoe prints.
3. Tracing evidence –article which assist the investigation in locating the suspect such as
ID and other personal documents that may identified the persons 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.

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

THE INTELLIGENCE OPERATION


Our government has the duty to protect its citizen, thus, different intelligence agency has
created in order to detect criminals to include terrorism. The Department of National Defense
(DND), PNP, DOJ and the like established already their intelligence network following set of rules
and rigid training for its personnel.
The function of Intelligence division is to determine intelligence requirements task allocation
and disseminates Priority Intelligence Requirements (PIR) and uncompromising action against
those who trample upon the democratic rights of our people or any attempt to put up their own
government. As the first line of defense against subversion or dissidence, the intelligence arm must
also be our first line of defense in the protection of human rights.
In this light, the intelligence is unavoidable linked to the field of psychological warfare, which
successful conduct depends on timely and reliable information not only on military aspects but on
sociological, economic, political and cultural factors that bear upon the community.
Important Events and Personalities
The Bible – this is the earliest source of intelligence. Found in Numbers 13:17, when Moses sent
a spy to spy out the land of Canaan.
Moses- he is the first person who used and formalized intelligence.
Rahab – the harlot of Jerico, who sheltered and concealed the agent of Israel.
Delilah – she used her beauty in order to gain the confidence of the enemy and to gather
information.
Sun Tzu – A Chinese Philosopher who wrote a Book entitled “The Art of War” a book that was a
favorite reading of Mao Tse Tung. Sun Tzu contributed principle of intelligence.
“If you know thy enemy and know thy Self, you need not fear the results of a hundred battles,
If you know yourself and not the enemy, for every victory, you will suffer defeat,
If you know neither yourself nor the enemy, you are a foot who will meet defeat in every
Battle”.
In this, Sun Tzu a Chinese philosopher considered the Father of Intelligence.
Alexander the Great- Called the Marching of Asia, devised the first letter sorting and opening to
obtain information, because there are rumors of dissatisfaction growing among his allies.
Gen. Romano Q. Sertorious- The Roman Commander in Spain who passed white Fawn, that
come widely to reveal and use secret and guidance from Fawn.
Akbar- The Master of Hindustan. Who employed more than 4,000 agents to know the truth if his
throne might rest upon it.

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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
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD

Two branches of Mossad


Aman – Military Intelligence for defense force.
Shabak - this is for General Security Service for Internal Security, from the word “Shin Bet” means
defender who shall not be seen.
KCI – which means Korean Central Intelligence Agency.
The Scotland Yard – This refers to the London Metropolitan Police Force which was established
by Sir Robert Pell in 1929.
BASIC CONCEPT OF POLICE INTELLIGENCE
Police Intelligence – It is the end product resulting from collection, evaluation, analysis,
integration and interpersonal of all available information regarding the activities of criminal and
other law violators.
Police Intelligence Officer – is the person who carry the objectives of Police Intelligence.
Importance of Intelligence
1. It is vital enable a nation to formulate its policies, strategic plans and conduct its diplomacy.
2. Intelligence is needed in order to enable a nation to forestall the activities of its internal
and external enemies.
3. It is necessary to detect and prosecute the activities of criminals and subversive elements.
4. It is vital in providing ample security for the people and the state.
5. Intelligence plays an important role in the life and survival of a country by providing
advance and exact knowledge of the intentions and design of its enemies.
Desirable Qualities of an Intelligence Officer
1. Knowledge ability – this refers to the intelligence and mental capacity.
2. Perceptive about people - this refers to the good judgement of personal character.
3. Flexibility / Adoptability – able to work with others even under difficult conditions.
4. Can distinguish between facts and fiction, between essentials and non-essentials.
5. Possess inquisitiveness or an inquiring mind.
6. Have ingenuity – able to improvise, look for solution.
7. Observant and alert
8. Able to express ideas clearly, briefly and interestingly
9. Disciple
10. Patient and hardworking
11. Good memory
12. Integrity
13. Discreet- knows when to talk or keep mouth.
Functional Classification of Police Intelligence
Criminal Intelligence (CRIMINT) – this refers to the production of intelligence essential to the
prevention of crimes, investigation and arrest and prosecution of criminal offenders.

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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD

Is information complied, analysed, and/or disseminated in an effort to anticipate, prevent or


monitor criminal activity.
Criminal Intelligence is developed by using surveillance, informants, interrogation and search.
Internal Security Intelligence (INSINT) – refers to the knowledge essential to the maintenance
of peace and order.
Public Safety Intelligence (PUSINT) – refers to the knowledge essentials to ensure the
protection of lives and properties.

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

E - Enemy refers to the location and strength of the enemy.


T – Terrain, refers to the surface of the land and of the target area.
Five Military aspect of terrain
1. Covert and concealment.
2. Obstacle.
3. Critical key terrain features.
4. Observation.
5. Avenue of approach.
Counter Intelligence (CI) – this kind of intelligence covers the activity devoted in destroying the
effectiveness of hostile foreign activities and to the protection of information.
Three activities of CI
1. Protection of information against espionage.
2. Protection of personnel against subversion.
3. Protection of installation and materials against sabotage.
* CI is also known as negative intelligence. That refers to the three generic term.
Security Intelligence – the sum total of efforts to counsel the national policies, diplomatic
decisions, military data and any other information affecting the security of the nation.
Counter Espionage – to investigate actual or theoretical violation of espionage laws to enforce
those laws and to apprehend any violators. And it is also refers to a job to catch spies. That
according to Sir Bassil Thomson, introduced his principle in counter espionage. “That a basic
requirements of the secret agent is disguise himself and his mission”.
Three aims of counter espionage
1. To locate the enemy
2. To identify the enemy
3. To neutralize the enemy
Two General Types of CI
A. Passive Measures – are those measures which seeks to conceals information from the
enemy.
B. Active Measures – are those measures which seeks actively blocks the enemy’s effort.
Five categories of CI Operation
1. Military Security – this refers to the measures taken by a command to protect itself against
espionage, enemy operation, sabotage, subversion or surprise.
2. Port Frontier and travel Security – to control all point of entry and departure.
3. CIVIL Security – this refers to the protection of people within the residing area under
military or police control.

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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.

2. NBI – National Bureau of Investigation, is an agency of Philippines government under


the Department of Justice, responsible for handling and solving major high-profile cases
that are in the interest of the nation.
3. Intelligence Services, Armed forces of the Philippines

THE OPERATIONAL CYCLE


The Operational Cycle - is a chronological development of intelligence activities from basic
requirements to final product and its report/result.
Principle of Intelligence Activities;
1. Intelligence activities must be done by dedicated personnel.
2. When the task cannot be obtain by other means.
3. Risk must be justified by expected results.
4. Collection effort cannot be undertaken without operational information.

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CDI 221 – FUNDAMENTAL OF CRIMINAL INVESTIGATION WITH INTELLIGENCE
SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD

Basic Elements of Operational Cycle;

1. Target or mission – refers to the subject of operation.


2. Agent/s – this refers to the man on action who will use or gather information.
3. Support Facilities and function – this refers to the gadgets or equipment used to accomplish
its mission.

Steps in Operational Cycle;


1. Mission – this refers to the classified targets and its operational condition.
2. Operational Planning – this refers to the formulation of course of action in order to give
specific task to each operating personnel.
3. Spotting – this refers to the process of locating, identifying and gathering data on person
who appear to be of potential value or called the target.
4. Investigating – this refers to the gathering of pertinent facts as to the status of the target.
This will done discreetly.
5. Recruiting – this refers to the selection among the expertise of the team in relation to the
target.
6. Training – this is a must in order to enhance and to provide both general and special
knowledge and skills which the agent must possess.
7. Briefing – consist of providing the agent with the most recent developments that may affect
the operation, a general review of operation and detailed instruction.
8. Operational testing – this is called dry run operation; this refers to the operation learned
which put on practice for effective actual operation.
9. Operation or engagement - this refers to the actual operation against the enemy.
10. Debriefing – this refers to the information concerned on the past operation, it tells the
strength and weakness of the conducted operation.

Order if the Battle Intelligence


Is defined as the manner in which armed forces are organized, disposed, maneuver and
supplied.
Order of the battle intelligence consist of accepted data regarding the following information on
enemy forces;
1. Composition – the factor of composition includes the identification or organization of units
2. Disposition – consist of the location of the enemy units
3. Deployment – this refers to the predetermine deployment of enemy unit. Thus, the knowledge
of how enemy units are echeloned initiates which unit may be used in the initial attack.

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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

Five different collection agencies on intelligence


HUMINT – (Human Intelligence), defined as “a category of intelligence derived from information
collected and provided by human sources”. Typical HUMINT activities consist of interrogations
and conversation with persons having access to pertinent information. Sometimes processing a
raw intelligence from a clandestine operation.
IMINT – (Imagery Intelligence), interpretation of photographs from aerial units or satellite.
It is an intelligence gathering discipline which collects information via satellite and aerial
photography. As a means of collecting intelligence.
Aerial Photography is the taking of photographs of the ground from an elevated position.
MASINT – (Measurement and Signature Intelligence), usually consists of acoustic intelligence;
radar intelligence, nuclear radiation detection. Analysis of electromagnetic radiation received by
signals intelligence.
OSINT - (Open Source Intelligence) is a form of intelligence collection management that involves
finding, selecting, and acquiring information from publicly available sources and analyzing it to
produce actionable intelligence.
SIGINT – (Signals Intelligence), which refers to the communication signals is intelligence-
gathering by interception of signals, whether between people (“communicating intelligence –
COMINT”), or involving electronic signals.

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.

What is the meaning by Classified Matters;


This includes all information concerning documents, cryptographic devices, projects or materials
falling under Top Secret, Secret, Confidential and Restricted.

Four Categories of Classified Matters

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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.

B. Major government project, such as proposal to make adjustment to the nation’s


economy.

C. Matters relating to scientific developments in methods of Nations Defense.

D. Military advantage over other nations and others.

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.

A secret grading is justified if;


A. If materially influence the major aspects of military tactics.
B. Result in revolutionary manner if it divulge the said information.
C. Knowing or revealing weapons or secret weapon.
D. Endanger intelligence. Relation from other nation.
E. War plans for future operation.
F. Order of battle information.
3. Confidential Matter – Information and material the unauthorized disclosure of which
would cause administrative embarrassment or unwanted injury to an individual and would
take advantage to other nation.

4. Restricted – refers to information and material that requires special protection other than
that determine to be Top Secret, Secret, and Confidential.

What is the meaning of Cryptographic Security?


Is that component of communications security which results from the provision of technically
sound crypto-system and their proper use.

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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

In the investigation of a certain case, a point is reached when the investigator


sometimes finds it difficult to secure leads through questioning of the complainant
and witnesses. In such a situation, the investigator has to go to the field to locate the
criminal or, if he is known, to study his habits, movements and possible accomplices
in the commission of the crime.
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 persons or a group of persons, place that is being observed by
a surveillant.
Object of Surveillance
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a.) To detect criminals activities.


b.) To discover the identity of persons who frequent the establishment and
determine their relationship.
c.) To discern the habits of a persons who lives in or frequents the place.
d.) To obtain evidence of a crime or to prevent the commission of a crime.

Practical consideration for the conduct of surveillance;


1. Tactics – this refers to the strategic consideration govern the use of
surveillance in particular cases, and it determine the tactical execution.
2. Planning – should be concise and it should be in relation to operation
activities.
3. Preparation – it is important to develop a plan of action for handing
difficulties in the conduct of operation. Thus, include the following.
a. Familiarization- it is crucial that the surveillant be certain of the identity
of the subject.
b. Equipment – all equipment needed should be in serviceable.

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.

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

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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.
Stakeout – also called fixed surveillance is a form of closed surveillance of a
particular place where criminal expected to appear.
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 subjects, visitors and
activities.
 The use of devices in record the illegal activities of the subject.
 Other surveillance may remain outdoor, 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.
Shadow means to follow secretly, while Tailgating is a form of open
surveillance in which the subject’s vehicle is closely followed.
“ROPING” is a kind of undercover work wherein surveillant assumes different
roles and identity in order to obtain information.
Objectives of Shadowing & Tailing;
a) To detect evidence of criminal activities.
b) To establish the association of a suspect.
c) To find a wanted person.
d) To protect a witness

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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

4. Undercover investigation or sometimes called “roping” – it is police


operations wherein the investigator assumes a fictitious identity in order to
infiltrate the ranks of the criminals.
Roping – refers to the surveillance of other things such as events, or
activities.

5. Clandestine Activities – this refers to the concealment of intelligence


activities under false identity.

6. Undercover Assignment – an investigative technique in which the


investigator conceals its true nature or activity.
Types of undercover assignment:
a. Dwelling – is one which the undercover agent establishes residence in or near
the dwelling which houses the subject.
b. Work assignment – places the undercover agent in a type of employment
where he can observe the activities of the subjects.
c. Social assignment – requires the undercover agent frequent places of
entertainment and amusement know to be habitually visited by the target.
d. Multiple Assignment – the undercover agent assigned in two or more as
stated above assignment.
e. Personal contact assignment – also term as rope job. Agent is required to
develop friendship and trust with the TARGET.

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, placed visited,
girlfriends 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 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
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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 time 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 positions 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 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
observation. He must also possess keen power of observation.

SPECIFIC TYPES OF UNDERCOVER ASSIGNMENT


1. WORK ASSIGNMET – if the agent is to be employed as janitor, he must be
knowing his work and such as he should appear as such, focusing his mentally
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 the subject frequents.
Criminals throw a major part of their loot to these places and be must know
the hostesses who are girlfriends of the criminals. He must know to drink
socially without getting drunk.

3. SURVERSIVE ORGANIZATIONS – He must know the ideologies of the


organizations in order that he could suit his philosophies and actions while
inside the said organizations.

4. RESIDENTAL ASSIGNMENT – This concerns the neighborhood of the


suspect where he will fit himself as a new resident without generating

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suspicion. His purpose is to be a friend to 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, etc. and a new
set be issued to him. The agent should memorize all the details of his fictitious
background.

Convoy – this refers to a countermeasure to detect whether or not a subject is under


surveillance.
Casing or Reconnaissance – it is the visual inspection of the area, installation or
building to determine its suitability for operational activity.
Information desired in casing;
1. Area condition and habit – this refers to the description of the locality as
whether the place is a residential, commercial, highly urbanized or rural. It
includes also living condition, population and whether condition.
2. Active Opposition – the task is to prevent intelligence activity that includes
not only the enemy but also the effort of neutral or allied countries to discover
and observe our intelligence activities.
3. Disposal Plan – this refers to the disposal of information to attain goals and
objectives.
4. Escape and evasion – this refers to the exit planning in case of compromise
or emergencies.
Cover story - the logical fabrication uses by individual to hide his identity,
background and activities.
Cover Identity/ personality – the process or procedure by which an individual
conceals his true identity and activities.

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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4. Multiple cover – this refers to any tactic to cover himself.

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

“Roping” or Undercover Work – it is a form of investigation in which the


investigator assumes a different and unofficial identity (a cover story) in order to
obtain information. The general objective of an undercover investigation is to obtain
more information.
Arrest of Undercover Agent – if an investigator is arrested by police, he must act
in accordance with his orders. If he has not received orders regarding the disclosure
of his identity in case of arrest by other law enforcement officers, he must act
according to his judgement. In such a case, if retaining his assumed character does
not serve a useful purpose, the investigator should refuse to make a statement except
to a member of his own organization.

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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SPO4 ORLY G BARIL (RET), RCRIM, MSCJ, JD

6. Incidental Informant – a person who imparts information without intention


of providing it.
7. Recruited Informant – refers to a person selected or cultivated into a
continuous source of information.

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.

CRITICAL AREAS IN THE DEPLOYMENT OF INFORMERS


a. Within the ranks of criminals and criminal syndicates
b. Associates and friends of criminal
c. Places of hang-outs of criminals such as night clubs, bars, hotels, billiards
halls and other places.
d. Slums and residential places where criminals have their contacts.
e. Detention Centers such as local jail 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 also
in the National Bureau of Prisons, thru the agreement with prisons authorities.

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f. Places where criminals dispose their illegal products.

General rules to follow in handling informer;


1. Treat fairly – regardless of character, occupation or education.
2. Run the show – do not allow informant/er to take over the investigation.
3. Be scrupulously exact – this is by the given promise of exact reward.
4. Keep your promise – not only for finance but also for protection or any
promise that might give.
5. Do not adopt informant standard – be yourself always changing decision
will result to the loss of trust and confident of your informant/er
6. Avoid using informant court – the success of investigation lies to the
investigator himself.
7. Use of derogatory words – this should be avoided.
8. Conceal informant identity – this is must.
9. Accept all information – all information should consider.
10. Maintain fairness
CHAPTER 9
PERSONNEL SECURITY INVESTIGATION
Personnel Security
Includes all the security measures designed to prevent unsuitable individuals or person of
doubtful loyalty to the Philippines government, it includes the retention or re-employment of
personnel either in public or private.
Personnel Security Investigation
It is an inquiry on the character, reputation, discretion and loyalty of an individual in order
to determine a person’s suitability.
Requisite of a Personnel Security Investigation;
1. Reason for investigation
2. Type of investigation desired
3. Classification of the subject
Sensitive position – is any position within the of the government that could bring about by virtue
of the position a material adverse effect to national security.
Types of Personnel Security Investigation;
1. National Agency Check – this an investigation of an individual made on the basis of
written information supplied by him in response to an official inquiry and can be used as
reference by the appropriate agency.
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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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2. Strong and weak points?


3. Disciplinary actions? (Or complaints raised against management).
4. How about the attendance (tardiness and absences)? History of long illness? Being a team
player? Able to work overtime if needed? And other similar questions.
5. Some positions also require further questions. For example, cashiers, you need to ask
history of errors, shortages, not giving correct change or amount or cases of kitting.
6. Personality wise, typical questions include relations with superior, peers or subordinates;
cooperativeness in joining committees or company activities; is he or she engaged in
smoking, gambling, substances abuse or other vices. (It’s not all negative though, I once
had the experience tennis player for a casual position. Naturally we hired her because all
things being equal, she had that advantage. We ended up winning the intercompany
tourney).
7. If the applicant has been separated, what were the circumstances? Was he or she forced to
resign? If so, why?
8. Character references are often indicated in the applicant’s resume or in the company
application form (or both). Due diligence is for HR to get in touch with them and ask how
they know the person. Have they observed them work or know the applicant’s character?
9. In some instances, it may be important knowing if the applicant is affiliated with an
organization whether it be professional, civic, political or otherwise. This includes any
previous military or law enforcement experience (and of course the reason for leaving).
10. Applicant’s true residence. It is prudent to have someone actually go to the residence to
verify. Should the applicant plan to acquire a new residence permanently or temporarily
(like an apartment or boarding house), it would do well to check once that happens.
Residence and address can be tricky in the provinces where street names and house
numbers can often be absent. Thus, the need to have the applicant draw a map to the
residence.
11. But I guess, if there were just two questions an HR practitioner is allowed to ask it would
be: if there is still a vacancy, would you re-hire this former employee of yours? And why?
The answer to these questions provides you an insight and recommendation to management
whether to hire or not.
Motives that cause people to be disloyal;
1. Revenge – this is one of the strongest of motivations in order to betrayal even country,
member of the family or to revenge himself on people hated.
2. Material Gain – some people become disloyal because of material gain.
3. Personal prestige – this motivation applies to those whose main desire is for power.
4. Friendship – allies to other country, company or organization.
5. Ideological belief

Seven elements of highly effective security policies


1. Security accountability: Stipulate the security roles and responsibilities of general users,
key staff, and management. Creating accountability in these three employee categories
helps your organization understand and manage expectations and provides a foundation for

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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.

SEQUENTIAL PROCESS OF PNP RECRUITMENT


Step 1: Pre-assessment
1. Apply Online following this links www.recruitment.pnp-dprm.com, fill-up all fields and
attach necessary documents for Pre-assessment and Evaluations.
2. Wait for advice.

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Step 2: Initial Screening

Sequence Event Male Female


1 minute 25 reps
1 Push up 35 reps (Bench Push –
up)

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

2. The Recruitment Officer shall conduct a face-to-face interview to observe demeanor,


physical appearance and to initially evaluate the accuracy of the information indicated in
his/her Online Police Application based on the available supporting documents.

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.

The applicant shall pass all PAT events as follows:

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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

Step 3: Screening Proper


1. Psychiatric and Psychological Examination (PPE) – Psychological Evaluation consists
of an individual oral interview and evaluation of behaviour especially even under stress
which are commonly related to the job of a police officer. The evaluated information
includes the written psychological tests as well as the background findings. After the step,
passer may undergo drug test.

2. Physical Medical and Dental Examination (PDME) - The medical evaluation is


comprehensive thus; it is essential that an applicant is in good shape. After this step, passer
may undergo drug test.

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.

4. Complete Background Investigation (CBI) – This investigation includes employment,


police, financial, education and military background as well as interview with family
members, neighbors, supervisors, co corkers, friends and connections with dubious people.
“The CBI shall be conducted to all PPE passers. The validation of the CBI results shall
continue during the 1-year probationary period.”
5. Final Committee Deliberation (FCD) –

Step 4: Oath-taking and processing of appointments


1. The Attestation Section of the Recruitment Office shall prepare the Attestation Folder
of the Candidates for Appointment and shall also prepare the KSS Porma Blg 33 to be
submitted to CSC

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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