FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE

Lesson 1- SOCIAL AND LEGAL CONTEXT OF CRIME

Crime- refers to any act considered as wrong or that violates the standard norm of the society.
Act means that there must be an overt bodily movement. Overt meaning it can be seen or
observed.

An act is a crime when;

 The act Committed is wrong such that the act performed injuries or otherwise deprive the
individual of either lives (killing person) or property; or
 The act violates the standard norm meaning the society itself considered the act as a
crime

There are cases in which a country or its culture dictates whether or not an act is a crime, then it
suggests that the territorial rule or governance prevails primarily, and as such, the definition of
the term crime may vary in place.

Crime in the legal framework is primarily based on the laws of the land.

LAW is defined as the system of rule embodied by different principles that bind the practice or
action concerning human conduct. In the Philippines, laws are made by those who are in
authority as set and provided by the 1987 Constitution which is deemed as highest and supreme
law of the land. As a rule, no law should be passed in contrary to the constitution.

Under the Philippine law, crime in legal perspective is defines as an act or omission in
violation of the law. In the eyes of the law, crime can be committed either;

1. Through an act performed by the offender that is contrary or violates the law; or
2. Through the omission by which the offender fails to perform a certain as required by law
a. Through an act performed by the offender
b. Crime by omission
 Felony- these are crimes that violates the Revised Penal Code (Act3815)
 Offense- these are acts which were defined as crime as a result of the special law enacted
by legislatures
 Misdemeanor- these are minor violations or infractions not tantamount to serious injuries
or damages

REVISED PENAL CODE – defined those acts in which by nature are wrong or evil (mala in
se)

SPECIAL PENAL CODE- defined those that identify an act as a crime (mala prohibita) as a
result of enactment of the laws as crafted by the congress in the form of Republic Acts.
OFFENDER- refers to any person accused or otherwise charged of a crime

INVESTIGATION- refers to the systematic examination to crack and solve allegation.

Lesson 2- CRIMINAL RESPONSIBILITY AND INVESTIGATIVE POLICE POWER

Criminal Responsibility- is the obligation of a person for the charges as a result of his criminal
act. Since Crime in its social context includes the culture of a certain group, the investigator must
remember that each culture may vary and shift from one another. It is also affected by some
factors such as age or the soundness of the mind of the presumed criminal, particularly the minor
and lunatics. The term minor, child or children refers to someone who is not yet in their puberty
stage. But legally, child is defined to any persons under 18 years of age or those over but are
unable to fully take care of themselves or protects themselves from abuse, neglect, cruelty, etc;
because of a physical or mental disability.

INVESTIGATIVE POLICE POWER- defined as the capacity of the police to initiate

investigation of cases which violates the law. Police power on the other hand is necessary as it is
one of the regulatory means of the government to control, maintain and ensure that the conduct
of its people is within bounds of the law.

As the law provides the objectives of criminal investigation, it is also the one that dictates and
controls their conduct.

It is mandatory obligation of the police to conduct an investigation as it is one of their primary

functions. While the state provides the police with the power to conduct investigation of cases;

Presumption of innocence- is based on the principle that every person subjects to a criminal
case is deemed considered innocent unless proven to be guilty based on moral certainty.

Moral certainty in the sense that a person is proven guilty based on how the court appreciated
the evidence presented during the trial which produces a conviction.

Substantive and Procedural Criminal Investigation- refers to the knowledge, nature of the
different crimes that investigator should know and possess.

Procedural Criminal Investigation- refers to the knowledge regarding the rules on how pieces
of physical evidence should be processed in order to maintain its integrity during the presentation
and be given credit by the trial court.

Crime Scene- is simply the area where the crime took place and where all pieces of physical
evidence were gathered and collected.
Lesson 3- ADMISSIBILITY OF EVIDENCE

EVIDENCE- Is the means, sanctioned by the Rules of Court, of ascertaining in a judicial

proceeding the truth respecting a matter of fact. It plays a vital role in the determination of guilt
or innocence of the accused who is referred to as the person brought before the court of law for
trial.

Revised Rules of Court provides for the requirement as to how individual evidence will be
admitted such as that;

Evidence must be relevant- evidence having such relation to the fact in issue as to induce belief
in its existence or non-existence. It must be relevant to the matter being investigated if it has a
logical connection to the fact in issue brought before the court.

Evidence must be competent- evidence which is not excluded by the Rules of Court, statutes or
the Constitution. Evidence is competent when it does not violate any procedural requirement
during the gathering or collection of such evidence

Under the law, there are three general classifications of evidence that investigator must
remember such as;

OBJECT OR REAL EVIDENCE- is that which addressed directly to the senses of the court .
These are actual materials recovered from the crime scene.

DOCUMENTARY EVIDENCE- documents as evidence consist of writings or any material

containing letters, words, numbers, figures, symbols or other modes of written expressions
offered for evidence as part of their contents

TESTIMONIAL EVIDENCE- evidence whether oral or written, elicited from a witness

Other classes of evidence are as follows;

1. DIRECT EVIDENCE - it processes the fact in issue without the aid of any inference or
presumption

2. CIRCUMSTANCIAL EVIDENCE -it is the proof of fact or facts from which, taken
singly or collectively, the existence of the particular fact in issue or probable
consequence; otherwise known as indirect evidence

3. CUMULATIVE EVIDENCE- evidence of the same kind and tending to prove the same
facts

4. CORROBORATIVE EVIDENCE- evidence which is additional and of different kind

tending to prove the same point

5. POSITIVE EVIDENCE - when the witness affirms that a fact did or did not exist or
occur
 6. NEGATIVE EVIDENCE - when the witness states that he did not see or know of the
occurrence of a fact in issue.

7. PRIMA FACIE EVIDENCE- is that kind of evidence which standing alone,

uncontradicted or unexplained, is sufficient to maintain the proposition affirmed

8. REBUTTAL EVIDENCE- an evidence offered to contradict an evidence previously

offered

Lesson 4- Criminal Investigation and its Phases

Criminal Investigation- defined as art and science oriented toward identifying perpetrators,
launching operations to locate his or their whereabouts and gathering of evidence to prove their
guilt during criminal proceeding

The term perpetrator refers to the person suspected to have committed an act which is defined by
law as crime and whose identity was unknown to the police.

In the course of investigating crimes, criminal investigation takes the following stages to ensure
the success of the case being handles namely;

1. Identify perpetrators
2. Locate his/their whereabouts
3. Provide evidence needed for his conviction

Lesson 5 – Role and Qualities of an Investigator

The initiation of the investigative process primarily relies with the question “Is the act performed
constitutes a crime as defined by law” or “Is the law being violated”? If the answer is yes, then
investigators must exhaust all means to uncover the facts surrounding the commission of the
crime. If investigators find that a crime was not committed or the act performed is not
tantamount to a crime, then obviously they should not interfere with the matter.

They should possess the following qualities to become an effective investigator:

1. Good Communication\
2. Active Listener
3. Critical Thinking
4. Work under pressure
5. Innovativeness
6. Integrity
7. Knowledge about rules on evidence

Lesson 6 – Approaches and Tools in Criminal Investigation

The manner how investigator starts learning facts about the crime is significant in leading him as
to the motive of the perpetrator base on the arrangement of physical evidence in the crime at the
time they were seen for collection. Motive is the moving power and cause that induces an
individual to perform an act which is defined as a crime. This manner how investigator starts
learning facts about the crime is referred as the approach in investigation.

Criminal investigation can be based on the following approaches considering the type of crime
and the manner how it was collected such that:

1. Inductive approach
2. Deductive approach

Corpus delicti refers to the body of the crime or the fact that the crime was committed. The
following example illustrates the corpus delicti of the crime:

1. Dead body in case of murder or homicide case

2. The stolen property in theft or robbery case; or
3. The deprivation of liberty of any person in case of kidnapping and serious illegal
detention.

To aid those approaches, investigators must remember the tools in criminal investigation which
includes the following:

1. Information
2. Interview and interrogation
3. Instrumentation

Lesson 7 - Cardinal Points and Methods of Identification

A series of questions and procedures should be set in order to produce a fruitful result. In the
conduct of investigation, the investigator must note the cardinal points in criminal investigation
that address the following questions:

1. What act was performed in which the law defines it as a crime?

2. Who committed the act in which the law defines it as a crime?
3. Where did this act, as defined by law as a crime, happen?
4. When did this act, as defined by law as a crime, happen?
5. Why was this act, as defined by law as a crime, performed?
6. How did this act, as defined by law as a crime, happened?

Moreover, investigative process is defined as the procedure taken by the investigator which
commence from the time the crime was reported up until it was brought before the court for the
trial of person accused to have violated the law and for proper sanction and disposition of the
case. Along with the investigative process, the investigator must establish that a crime has been
committed and the person suspected should be held for trial. In the process of establishing that a
crime was deemed committed, the following should be noted such that:

1. Investigator must prove that the accused is guilty

2. Investigator must ensure that the accused was identified by competent witness
3. Investigator must confirm that whatever evidence found in the crime scene pinpoints to
the same accused or group of accused people;
 4. Investigator must note that evidences recovered in the crime scene are the same
evidences that will be presented in court; and
5. Investigator must remember that conviction will depend as to how he will establish the
elements of the crime alleged.

However, what happens if investigator fails to accomplish all those enumerated?

There is now a greater tendency that the case will be dismissed. In the eyes of the law, the case is
deemed dismiss if there are some technical errors committed which includes but not limited to
tampered evidence, break in the chain of custody, or the prosecution had not established the guilt
of the accused beyond reasonable doubt and other.

Tampered evidence refers to those evidence which by its nature is false, altered or otherwise
questionable in its existence or production. Chain of custody on the other hand refers to the
transfer of evidence from one person who holds supervision or care of such evidence to another
from the time it was gathered at the crime scene up to the time it will be presented in court.

Methods of Identification

Method of Identification refers to the ways and means employed to uncover the personality of
the person who may have committed an act in which under the existing law is regarded as a
crime.

Moreover, the identity of the person suspected to have committed a crime can be established
mainly through the following:

1. Identification by witness
2. Identification through Physical Evidence
3. Identification through Forensic Science

Lesson 8 - Technical and Legal Aspect of Witness

The term “witness” is used both in technical and legal perspective. Technically, witness is
defined as any person who have seen or knowledge regarding the commission of the crime. This
could be further classified as:

1. Prosecution witness
2. Defense witness
3. Character witness
4. Eyewitness
5. Child witness
6. Dumb witness
7. Honest witness
8. Fearful witness
9. Egocentric witness
10. Hostile witness
11. Suspicious witness
Under the Revised Rules of Court, the law further classify witness as either:
1. Ordinary witness- these are those witness who may be allowed to testify regarding the
following:

a) About the identity of the person whom he had knowledge;

b) Handwriting of the person of which he had familiarity; and
c) Mental sanity of the person whom he had acquainted.

2. Expert witness – are those witness who by reason of their knowledge, skills, training or
experience may be allowed by the court to give their opinion.

Lesson 9 – Procedures in Criminal Investigation

Territorial jurisdiction means that the crime incident happened within the area or place that a
certain police station holds or covers. Police station moreover refers to the office of local police
that has jurisdiction within the area and exercises control over the community and persons
movement by enforcing the laws necessary for the maintenance of peace and order. The same is
responsible in providing immediate response to the community as the need arises.

Also, crime incident differs from crime scene such that crime scene refers to the place where
crime took place and where physical evidence can be found while crime incident refers to the
occurrence of a certain time.

Lesson 10 – Crime Scene Processing

It is true that the investigating team must give priority to the human life, nevertheless, they must
exhaust whatever means to secure and preserve the crime scene for it contains all the necessary
ingredients for the prosecution of the case. As such, they must reconsider the necessary steps in
order to collect all available evidence and maintain the integrity of the crime scene by
remembering “MAC” rule which simply stand for:

1. Mutilate – meaning do not remove anything from the crime scene;

2. Alter – do not change anything in the crime scene; and
3. Contaminate – do not add anything to the crime scene.

Transient evidence are those evidence which when not collected at appropriate time may
diminish or loss its value such as urine, blood, semen, etc. on the other hand, fragile evidence are
those evidence which may be broken if collected inattentively.

Methods of Search

Method of Search is defined as the systematic procedure employed by the investigating team in
order to recognize, collect, and preserve the evidence or any object/s found in the crime scene
that has a logical connection to the case.

In the conduct of crime scene search, the following methods may be employed based on the
physical characteristics of the place such as strip method, double strip method, spiral search
method, zone search method and wheel search method.
Strip method - is done through following a straight path in an area. Upon reaching the end, the
searcher turns and follows again a straight path but parallel to the first path he takes. This process
continues until the search of the entire area is done.

Double strip method – almost similar with strip method. As the term suggests, “double”,
meaning after the entire area is done searching using strip method, the searcher will again start
another process but this time at the other side at right angles from where you started.

Spiral method – done when the area to be searched is circular in nature. The searcher may start
either from the center or outside although commonly searcher usually starts from the outside
following a circular shape until they finish searching the entire area.

Wheel method – is also applicable in circular areas similar to the spiral method. However, the
searcher starts in the center and is best applied when there are plenty of searchers. From the
center, they follow a straight path toward outside unlike in radial that they follow a circular
pattern.

Zone method – is best applicable in crime scene covering a wider range. In this method, the
crime scene is divided into four quadrants and the searcher may select what type of search should
be done in each quadrant. It could either be strip, double strip, radial, wheel or zone method.

Marking, Tagging and Collection of Evidence – Marking of evidence refers to the process of
identifying and recognizing any objects in the crime scene by way of placing the letter symbol or
number. Tagging of evidence is the process of labelling the physical evidence by way of placing
the appropriate evidence tag containing the description of the item, the date and the initial of the
collecting office. Collection of evidence refers to the actual gathering and lifting of evidence
from the crime scene to the custody of the appropriate office.

Photographing the Crime Scene – Photographs should depict the actual scenario of the crime
scene and portray the proper placement of the individual evidence.

Sketching the Crime Scene – In line with sketch, the artist should be able to draw and portray
the crime scene. The same must remember the elements of the sketch which includes the
following:

1. Title
2. Measurement
3. Essential Items
4. Legend
5. Compass direction
6. Scale of proportion

Sketcher must take note also the type of sketch that should be drawn such as:

1. Floor plan or birds eye view – a type of sketch drawn from above;
2. Elevation sketch – a type of sketch drawn to show the given side of an area;
3. Exploded view sketch – a type of sketch drawn to show the relationship or order of the
whole parts; and
4. Cross-projection sketch – a type of sketch wherein the ceiling and/or walls are flattened
all out in the ground.
Additional guidelines on drawing the sketch includes the following:

1. Indicate the nature of the crime and the place of incident as well as the name of the
person who prepare and drew it.
2. Indicate the position, location, and how objects relate to one another
3. Use standard symbol while sketching
4. Use arrow to show the direction and stairways; and
5. Be consistent with the units of measurement such as centimetre, inches, yard, meters,
feet, etc.

Methods that should be considered and must be used based on the physical characteristics of the
crime scene:

1. Rectangular method – find fix post at a right angle to serve as the base;
2. Triangulation method – find two fix points to the evidence that must be plotted or
located.

Evaluation, Preservation, and Releasing of Evidence

Evaluation of evidence refers to the process of assessing the significance of individual evidence
that should be subjected for further examination such as transmittal of firearm to crime
laboratory for ballistics examination or transmittal of electronic devices such as cell phones or
laptops to Anti-Cybercrime Group (ACG) for digital examination.

Preservation of evidence refers to the measures employed in order to maintain, protect, and
safeguard the original state of physical evidence from the time it was collected up until the time
that it will be released to appropriate personnel.

Releasing of evidence on the other hand refers to the discharge of individual evidence upon the
order of the court and/or prosecutor.

Chain of Custody and Transmittal to Crime Laboratory

Chain of custody in every crime investigation should be maintained at all cost as any
inconsistencies in the handling of evidence may result to the incompetency of the same resulting
to its inadmissibility during court presentation. Chain of custody again is defined as the transfer
of evidence from one person who holds supervision or care of such evidence to another person
from the time it was gathered at the crime scene up to the time it will be presented in court. It
includes the list of all personnel who handled the evidence from collection until court
presentation.

In addition, the following should be noted in adherence to the standard procedures in maintaining
the chain of custody such as:

1. Proper recording of areas or location from which evidence was gathered

2. Proper making of evidence for accurate identification; and
3. Completing the evidence submission form for laboratory analysis.
Evidence log is any material upon which the writing or note taking is done to keep and maintain
the record and disposal of evidence. This will guide investigators as to who are the persons who
handle and possess whatever physical evidence are transmitted.

Release of the Crime Scene

Release of the crime scene is defined as the discharge of the crime scene from the custody of
authorized law enforcement officer to the lawful occupant, owner, or any person who is charged
with the responsibility and management of the place where the crime happened.

In releasing the crime scene, the following should be observed:

1. All physical evidence must be properly marked, tagged, and labelled;

2. Ensure that proper inventory of all items is done;
3. Error should not be entertained as there is only one chance to process the crime scene;
and
4. Release the crime scene only after final survey and proper documentation. Final survey
refers to the action taken by the investigating team to ensure that all items have been
gathered which includes the proper documentation of all circumstances under which the
physical evidence was collected.

Lesson 11 – Reconstructing the Crime

Crime scene reconstruction is one of the most difficult and tiring job of investigators as this
involves the process as to how perpetrator commits the crime. Crime Scene reconstruction is
defined as the scientific ability of investigators to make useful observations of physical
evidence in the crime scene through a logical approach in theorizing as to how the crime was
committed.

Reconstruction

To properly reconstruct the crime, the following stages should be observed to arrive at a
more convincing explanation as to how the crime was committed:

1. Appreciation
2. Comparison
3. Individualization
4. Reconstruction

Modus Operandi and Profiling of Suspect

Modus Operandi refers to the manner and methods employed or used as well as the sequence of
various actions taken by the perpetrator in committing the crime. It is otherwise known as the
method of operation.

Rogues gallery refers to the compilations of photographs of known criminals. If someone had
witnessed or seen the suspects face, cartographic sketch can be done. Cartographic sketch refers
to the composite drawing of a suspect’s face done by an artist to assist to assist police
investigators in establishing the identity of the person who might have committed the crime.
Crime Scene Processing Equipment

Investigating team and/or crime laboratory must have the following basic equipment when
responding to area calling for crime scene processing. These includes but not limited to the
following:

1. Camera
2. Marker
3. Evidence tag
4. Evidence seal
5. Measuring device
6. First aid kit
7. Graph paper and pencil
8. Evidence bag
9. Crime scene barricade
10. Protective box for basic paraphernalia

Lesson 12 – Arrest

Arrest is referred to as the taking of person suspected to have committed an act to which the law
defines it as a crime into the custody of any law enforcement agencies who has the authority to
do so in order to answer queries in line with matters concerning the commission of offense.

Warrant of Arrest

Warrant of Arrest is defined as a document from court ordering and directing any law enforcer to
apprehend and detain any person whose name will appear in the warrant for him to answer
matters regarding the commission of a crime. Any person suspected to have committed a crime
can only be lawfully arrested after securing a warrant.

However, a person can also be lawfully arrested by virtue of warrantless arrest. Warrantless
arrest is defined as the arrest made by any law enforcer without the benefit of a warrant. Arrest
without a warrant is possible provided that either of the following circumstance is present:

1. That the person to be arrested is about to commit, actually committing, or have just
committed an act to which the law defines it as a crime in the presence of the person who
will make the arrest (In Flagrante Delicto);

2. That the person to be arrested have committed an act to which the law defines it as a
crime and the person making the arrest have probable cause that the same person is
probably guilty of a crime. Probable cause simply means as a reasonable bases to
establish a well-founded belief that the person may have committed an act to which the
law defines it as a crime (Hot Pursuit); and

3. That the person to be arrested is one who escaped from penal confinement (Escapee).

Inquest proceeding will be done if the person was arrested without the benefit of the warrant.
Inquest is defined as the informal and summary investigation conducted by public prosecutor in a
criminal case involving persons arrested without the benefit of a warrant to determine if the
person so arrested should remain under custody and be charged accordingly.
Rules in Making Arrest

In making arrest, the Rules of Court provides the following guidelines such that:

1. It should be made by an actual restraint of a person to be arrested or,

2. By submission of the person to be arrested to the custody of any person making the
arrest.

It must be noted that in the event of arresting the suspect allegedly to have committed a crime,
the person making the arrest should observe:

1. Not to use any unnecessary force and

2. Use only the force necessary to arrest the person.

Any form of violence is not allowed so, since it may cause the physical evidence to be
incompetent and therefore, inadmissible as evidence during court presentation.

Execution of Warrant

Execution of a warrant simply means as carrying out the duty to find the person whose name
was written in the warrant and cause his arrest and detention.

In executing the warrant, the following should be observed:

1. A warrant can be executed either during the day or night;

2. The person making the arrest shall inform the person to be arrested that a warrant has
been issued for his arrest; and
3. It must be executed within 10 days from the moment it was received;

However, the person making the arrest shall proceed with the arrest of the person even without
informing him of the cause of arrest or that a warrant was issued for him to be arrested provided
that either of the following is present:

1. The person flees

2. The person forcibly resisted; or
3. It will hamper successful arrest of the person.

Lesson 13 – Custodial Investigation and Detention

Any person arrested and brought before the custody of the law is presumed innocent until proven
to be guilty. Thus, a person has the same right as any ordinary individual in order to protect the
interest of an ordinary individual as well as prevent any abuses from law enforcers. These rights
must be observed as any violations may result to the dismissal of the case.

In Philippines, the right of the person arrested is originally defined under the Bill of Rights of the
1987 Philippine Constitution (Section 12, Article III) such that any person lawfully arrested and
under investigation for the commission of a crime shall have the following rights:

1. Right to remain silent;

 2. Right to have independent and competent counsel, preferably of his own choice; and
3. Right to know the nature and the cause of accusation against the person accused.

In addition to the above rights, the state enacted the statutory law Republic Act 7438 which
provides further the process of obtaining a confession to any person detained or under custodial
such that:
1. The person detained or under custodial investigation shall be assisted by a counsel at all
times;
2. The recital of his rights shall be in the dialect known and understood by the person
detained or under custodial investigation.
3. The custodial investigation report shall be reduced into writing by the investigating
officer and must explained to him by his counsel before it will be signed by the same.

Extra Judicial Confession - is a confession made by an arrested or detained person while under
the custody of law and is done outside the court.

Custodial Investigation - is the issuance of an invitation to the person suspected to have

committed a crime who at the same time is brought before the custody of law in order to answer
matters regarding the commission of a crime without jeopardy to the liability of the person for
any violations he may commit. On the other hand, custodial investigation report is the document
prepared by the investigating officer during the investigation process containing all necessary
information about the confession of the person brought before the custody of law.

Arbitrary Detention

Arbitrary detention (Title II, Book 2, Act 3815) is a crime against the fundamental law of the
state, committed by any public officer or employee in any of the following:

1. Detention of any person without legal grounds (Article 124);

2. Delay in the delivery of detained person to the proper judicial authority (Article 125); and
3. Delaying Release (Article 126).

In relation to arrest, any person arrested without the benefit of a warrant (warrantless arrest) shall
be released subject to the gravity of the offense he is suspected to have committed such that:

1. 12 hours, if the person committed a light felony;

2. 18 hours, if the person committed a less grave felony; and
3. 36 hours, if the person committed a grave felony.

Any police officer who will not observe or fail to observe the following number of hours shall be
charged for arbitrary detention under article 125 of the Revised Penal Code.

Lesson 14 – Investigative Interview

One way of gathering information is done through a successful interview of witnesses,

complainants or victims, and interrogation of suspects or any person accused of a crime. Field
inquiry simply means as the general questioning of all people present in the crime scene. This is
done in order to give investigator an idea as to the extent of the crime committed.
Interview is different from interrogation such that interview is a form of questioning among
person who have knowledge regarding the commission of a crime while interrogation is a
questioning style which involves the use of strong appeal or aura in order to gather information
among persons who may have direct involvement of the crime. Also, interview is commonly
done among witnesses, complainants and victims of the crime while interrogation is usually done
among person suspected to have committed a crime or those hostile witnesses.

Characteristics of Productive Interviewer

1. Self-reliance
2. Adaptability
3. Perseverance
4. Optimistic
5. Patience

Rules in Interview

Gathering information relevant to the case does not only include the skills and competency of the
investigator but as well as the proper and timely preparation in doing interviews. Keep in mind
that interviewers should be versatile or flexible in handling different types of personality as this
will allow him to gather relevant facts in line with the commission of the crime. Some of these
important things that investigators must remember are as follows:

1. Case review
2. Build rapport
3. Simple question
4. Avoid implied answer
5. Avoid Leading question
6. Do not ramble
7. Good closure

Preliminary Preparation

Investigators should identify himself before the conduct of interrogation and must allow the
subject to know the purpose of the same. The term subject refers to the person who is placed for
interrogation.

Interrogation Techniques

Interrogation technique refers to the method employed by the interrogator in questioning and
eliciting relevant facts necessary for the conviction of the suspect.

1. Strong approach
2. Friendly approach

Lesson 15 – Confession and Admission

Confession is defined as the direct acknowledgement of the suspect with respect to his
participation concerning the commission of a crime. As opposed to admission, which is defined
as the acknowledgement only of some elements of the crime and is not tantamount to confession.
In order for a confession to become valid, the following requirements must confer such that:

1. The person making the confession must be appraised of his constitutional rights as
provided by the Miranda doctrine such that he has the right to remain silent and anything
he will say can be used against him, and be provided with an independent and competent
counsel;

2. If the person making confession waive his right, it must be done upon a valid waiver with
the assistance of a counsel. Waiver refers to a document signed by the person making the
confession renouncing all his rights as provided by the constitution; and

3. There was no third degree use. Third degree simply means as the use of physical force,
intimidation, threat, or any other similar means done to obtain confession.

However, Miranda warning need not to be applied in cases where the confession was done
voluntarily or made spontaneously such that:

1. The person was running to the police station and suddenly spoke out that he killed a
person;
2. The person who subjected to for fingerprinting or be taken handwriting sample or doing a
line up for sobriety test;
3. Field questioning or in the crime scene;
4. Roadside questioning or any traffic stops; or
5. Any other minor violations.

Lesson 16 – Information

Information was consistently mentioned in the previous chapters. Technically, it refers to the
element of investigation necessary for gathering and collection of data to include its progress as
it moved forward in solving the case.

In connection to intelligence, information is simply the “raw data”.

Sources of Information

Source of information is the network of data which can be linked or grouped in order to obtain a
concrete and reliable information based on the prevailing need or as the need arises. Some of
these common sources are:

1. People as source of information

a. Regular source
b. Cultivated source
c. Grapevine source

2. Record as source of information

a. Government source
b. Private source
 c. Internet source

Types and Motives of Informant

The term informant refers to any person who possess knowledge regarding crime, criminal
syndicate, or ongoing criminal activity and provides information with the police with or without
consideration.

Below are the common types of informants:

1. Anonymous
2. Double-crosser
3. False Informant
4. Frightened Informants
5. Legitimate
6. Mercenary
7. Self-aggrandizing
8. Women

In addition, below are the common motives of the informant in providing information such as:

1. Civic-mindedness
2. Fear
3. Gratitude or gain
4. Jealousy
5. Remuneration
6. Repentance
7. Revenge
8. Vanity

Legal Limitations in Obtaining Information

1. Republic Act 4200 (Anti-Wiretapping). Under this law, the following acts are prohibited:

a. Tapping any wire or cable;

b. Using any other device or arrangement;
c. To secretly overhear, intercept, or record;
d. Private communication/conversation or spoken word; or
e. Without the knowledge or consent of all the parties

2. Republic Act 10173 (Data Privacy Act). Under this law, the following acts are
prohibited:

a. Unauthorized processing of personal information;

b. Accessing personal information due to negligence;
c. Improper disposal of personal information;
d. Processing of personal information for unauthorized purposes;
e. Unauthorized access or intentional breach;
f. Malicious disclosure; and
g. Unauthorized disclosure.
Lesson 17 – The Characteristics and Context of Intelligence

Overt investigation simply means as operation conducted openly while covert investigation in
contrast is an operation conducted in clandestine manner. Clandestine simply means as secret.
Considering that intelligence is the backbone of police operation, then no operation should be
made without successful and accurate intelligence.
1. Intelligence and operation are interdependent
2. Intelligence is continuous
3. Intelligence must be useful
4. Intelligence must be available on time
5. Intelligence operations require imagination and foresight
6. Intelligence must be flexible
7. Intelligence requires continuous security measures

Scope of Intelligence

It could also be collected, analyzed, collated and evaluated information concerning criminal
investigation, criminal syndicate, organized crimes, and other police problems which are known
as Police Intelligence. Those information regarding military activities which is at the same time
essential to the different military operations is known as Military Intelligence. Lastly, it could
also be Departmental intelligence, which refers to information needed by all the department
agencies in the execution of government plans and programs.

Criminal Intelligence (CRIMINT) refers to the knowledge essential to the prevention of crimes
and the investigation, arrest, and prosecution of criminal offenders. Internal Security Intelligence
(INSINT) refers to the knowledge essential in the maintenance of peace and order. Lastly, Public
Safety Intelligence (PUSINT) which refers to the knowledge essential in ensuring the protection
of lives and properties.

Strategic Intelligence is a type of intelligence that is long range in nature and requires a longer
period of time before being materialized and fully available. It is an intelligence data that are not
of an immediate value. It is usually descriptive in nature, accumulation of physical description of
personalities and modus operandi. It does not have immediate operational value, but rather long
range that may become relevant to future police operations.

Line Intelligence on the other hand is a type of intelligence that is immediate in nature and can
be available or developed within a short period of time. It is the kind of intelligence required by
the commander to provide for planning and conduct tactical and administrative operation in
counterinsurgency.

Lesson 18 – Counterintelligence

Counter intelligence is a type of intelligence employed to protect the interest and safeguard
lives, property and important information against possible entry or infiltration of enemy forces
from being lost, destroyed or stolen.

This is also the phase of intelligence covering the activity devoted in destroying the effectiveness
of hostile foreign activities and the protection of information against the following:
 1. Espionage
2. Subversion
3. Sabotage

Moreover, the application of counterintelligence is best appreciated in providing Military

Security as it provides the commander the necessary measures to be taken to protect itself against
espionage, enemy operation, sabotage, subversion or surprise.
In the field of Counter intelligence (CI) Operation, it could either be Counter Human Intel,
Counter Imagery Intel or Counter Signal Intel. Counter Human Intel (HUMINT) seeks to
overcome enemy attempts to use human sources to collect information or to conduct sabotage
and subversion. Counter Imagery Intel (IMINT) are actions such as surveillance radar, photo
thermal and infrared systems and rely heavily on pattern and movement analysis and evaluation
of the enemy. Lastly, Counter Signal Intel (SIGINT) which determines enemy SIGINT and
related enemy weaknesses, capabilities and activities, assess friendly operations to identify
patterns, profiles and develop, recommend and analyse countermeasures.

To sum up, counterintelligence is very significant to but not limited to the following such that:

1. Denying information to the enemy;

2. Reducing the risk of a command;
3. Protecting vital information and property;
4. Increasing security forces; and
5. Decreasing the enemy’s ability to create plans against the organization.

Lesson 19 – Intelligence Cycle

Intelligence Cycle is defined as the process of obtaining information which includes proper
procedure and sequence of steps starting from planning, collection, collation, and the
dissemination of information to appropriate persons. Intelligence cycle is important as it provides
the necessary details in attaining the mission. Mission is the purpose why intelligence should be
gathered and used for particular undertaking. This is considered as the heart of the intelligence
cycle.

Planning Phase

In planning for the collection of information, the following factors should be considered such as:

1. Sources of information;
2. Operations of the command
3. Characteristics of the enemy; and
4. Methods in gathering information.

Sources of information pertains to the individual or group, association or entity which may
possess possible information to which an individual desires to be gathered. Operations of
command is the manner how the collecting agency and even the agency upon which data will be
gathered acts or works for a particular purpose in order to determine the needed preparation or
security.

Essential Elements of Information (EEI) are information pertaining to the target area which the
commander feels he need before he can arrive with an accurate decision.
 Collecting Agency refers to any organization, entity, association or individual person that
collects and gathers the needed information through an intelligence officer. Target area refers to
any individual, group, association or entity that subjected to for operation or intelligence
gathering.

Collection Phase

In collecting information, the following factors should be considered such as:

1. Who will collect the information

2. What information will be collected
3. Where are the places whereby information shall be collected
4. When is the right time to gather the information
5. How this information shall be collected; and
6. Why this information should be collected?

In selecting the collecting agent, the following factors should be considered:

1. The placement or access to the information

2. The capability to gather the information
3. The number of people who will gather the information; and
4. The strength and security of the target area.

Collation Phase

In collation stage, all collected information will undergo the following:

1. Recording
2. Analysis
3. Evaluation
4. Integration
5. Interpretation
6. Synthesis

Reliability and Accuracy Table

RELIABILITY OF ACCURACY OF SOURCE OF
INFORMATION INFORMATION INFORMATION
A – COMPLETE RELIABLE 1 – CONFIRMED by other T – Direct Observation by
sources Commander of Unit
B – USUALLY RELIABLE 2 – PROBABLY TRUE U – Report by DPA or Resident
Agent
C – FAIRLY RELIABLE 3 – POSSIBLY TRUE V – Report by PNP/AFP Troops

D – NOT USUALLY 4 – DOUBTFULLY TRUE W – Interrogation of Captured

RELIABLE Enemy
E – UNRELIABLE 5 – IMPROBABLE X – Observation of gov’t/
civilian employee
F – REALIBILITY cannot be 6 – TRUTH cannot be judged Y – Member populace
judged Z - Documentary

Dissemination Phase

In intelligence cycle. Dissemination refers to the actions taken to transfer processed information
to appropriate persons. Extra care should be considered in disseminating information and should
be based on the “need to know principle”.

Lesson 20 – Undercover Operations

Undercover operation is very vital in criminal investigation. This serves as their arm in
information gathering or even in the capture of suspects. As per definition, undercover operation
is a form of investigative technique whereby an undercover agent usually investigators assume
another identity in order to infiltrate the ranks of criminal syndicates.

To avoid any suspicion from those who are in the ranks of a criminal syndicate, the undercover
agent may use couriers to provide feedback as to the current operation. Courier refers to the
person who carries an information to another person.

It could also be through leaving a message in some places or drop. Drop refers to a secure place
where agents or informants give their message to the other agents which could be either:

1. Dead drop
2. Live Drop

It must be noted that undercover agent must be very cautious at all times as any failure in this
operation might cost his life. Be reminded of the following while conducting undercover
operations:

1. Act naturally as possible

2. Do not overplay your part
3. Do not indulge any activity, which is not in conformity with the assumed identity. This
means that if you play the part of a fisherman then act like a fisherman and have a
knowledge, attitude, and skills of a fisherman.
4. Do not make notes unless they are to be mailed or passed immediately. Use code or
cipher if possible.
5. Do not use liquor or any intoxicants except if necessary and limit the amount to avoid
being drunk.
6. Limit your association with women.

Lesson 21 – Surveillance

Surveillance is defined as the clandestine or secret observation of persons, places or objects to

acquire valuable information. Surveillance plan simply refers to the outline or blueprint as to
how surveillance should be conducted. Target area refers to the area of operation of surveillance
activities. Remember not to forget to take note of whatever happened and, if possible, take
photographs.
Types of Surveillance

1. Stationary surveillance
a. A stolen property is expected to be dropped; or
b. A crime is expected to happen.

2. Moving surveillance
a. Rough tail or open tail
b. Close tail or tight tail
c. Loose tail

3. Aerial surveillance
4. Video surveillance
5. Audio or electronic surveillance
a. Bugging
b. Wiretapping

Methods of Surveillance

The manner as to how surveillance is to be conducted which includes the various procedures and
techniques employed by an agent or surveillant is referred to as the methods in surveillance.

Casing

Casing refers to the process of inspecting places to determine its suitability for operational use.
In military, it is known as Reconnaissance. Sometimes, it is called the surveillance of places or
building. Casing could be done either:

1. Internal
2. External

Lesson 22 – Agents

Agents is defined as any person capable, skilled, and competent in collecting, extracting,
gathering, infiltrating, penetrating information of all kinds in various sources as well as
knowledgeable in the science of disguise in order to avoid detection from the enemy or any
unwanted forces while doing intelligence work. Agents also play an important role in extracting
information in any undercover operation.

General Classifications of Agents

1. Principal Agents
2. Action Agents
a) Espionage Agent
b) Propagandist
c) Saboteur
d) Guerilla
e) Strong Arm
 f) Provocateur

3. Support Agents
a) Surveillant Investigator
b) Procurer of Funds
c) Safe house Keeper
d) Communication Agent

Lesson 23 – Cryptography

Cryptography is defined as an art and science that deals with codes and cipher. In line with
intelligence, this is used in order to protect vital information from being intercepted by the
enemy or if intercepted, will disable them to read or understand the information contained in the
communication.

Why cryptograph is considered as an art?

Simply because it depends primarily with the undercover agent as to how he will convert plain
text into cryptogram or unintelligible.

Why cryptograph is considered as a science?

It is science it involves systematic process or procedure in converting the plain text into
cryptogram or unintelligible. Take note, plain text refers to the readable and understandable
message that will be converted into Cryptogram. Cryptogram or unintelligible simply means as
unreadable. Cryptogram is the result of cryptography.

Codes

Codes is a system of words, numbers or symbols that are used to represent a word. In using
codes, one must possess a code book. Code book is defined as a compilation of words, numbers,
symbols, or a combination of either word, number, or symbol with their corresponding meaning.

Cipher

Cipher is the system which involves the substitution or transposition of individual letters to make
it unreadable. Cipher can be either transposition cipher or substitution cipher. A transposition
cipher involves the shuffling of individual letter or switching the original position of individual
letter. All letters in the original text are present, they are just merely disarranged.

Lesson 24 – Forensic Ballistics

Forensic ballistics deals with the study of firearm to establish its identity through ammunition
fired through them. The person who examines those fired bullets, fired cartridge case, suspected
firearm, or a combination of these three as recovered from the crime scene is known as the
ballistician.

Task of Firearm Section

 1. Test firing of all firearms
2. Comparison of fired bullet and fire cartridge case
3. Restoration of serial number
4. Analysis of any firearm related incident

Problems Addressed by Ballistician

1. Given a fired bullet

2. Given a fired cartridge case
3. Given a fired bullet and a suspected firearm
4. Given a fire cartridge case and a suspected firearm
5. Given multiple fired bullets and a suspected firearm
6. Given multiple fired cartridge cases and a suspected firearm
7. Given a suspected firearm

Lesson 25 – Questioned Document

Questioned document refers to any material whereby the origin of the document or the identity
of the author is unknown. The moment that part of the document, whether the content, the
signature, the date or even individual letters or numbers were contested as to its authenticity, this
now becomes a disputed document.

Take note, the person responsible for the examination of a questioned document is known as the
questioned document examiner. Commonly, the cases submitted to him for examination are as
follows:

1. Forged signature
2. Anonymous letter
3. Forged checks
4. Counterfeited paper bills
5. Questioned handwriting

Collection of Documents

Investigators if feasible should collect the following standard document:

1. Collected Standard
2. Requested standard

Take note, standard document refers to any known writing of the person. This is the document
which will serve as the bases in comparing with those questioned documents or those that are
recovered from the crime scene or submitted for examination.

Lesson 26 – Forensic Odontology

This forensic science pertains to the application of dental knowledge to legal investigation both
in criminal and civil aspects. As human bone and teeth are the most durable part of the human
body, this allows the forensic dentist (Odontologists) who is highly experienced in this field of
expertise to aid in the following:
 1. Identify unknown remains of an individual person and
2. Establish the identity of specific bite marks

Advantages of Forensic Odontology

The science of forensic odontology is best useful in cases of the following:

1. Victims of mass disaster

2. Burned bodies
3. Dismembered bodies
4. Physically deformed bodies

Forensic Odontology also has some limitations. Some of these limitations are as follows:

1. Not enough standards available as it is not the primary means of identification

2. No strict implementation of keeping dental records among dentistry
3. Dental profile of a person may change over a period of time
4. Bite marks on the person’s skin may change depending on the pressure applied during
biting and as the time pass.
5. The questioned bite taken from the victim may not be the same with the bite taken under
controlled environment or during the acquisition of standard.
6. Instructions as to how the analysis must be undertaken (no standards)

Lesson 27 – Forensic Photography

Photography is one field in the forensic science that can be linked to all other sciences as it
touches them mostly considering that all physical or even microscopic evidence are best
preserved with the aid of photography.

Mug shot is the standard taking of photographs among arrested suspects with front and side
angles taken in one location. Metric photograph is defined as photograph taken with metric scale
placed in the photo’s border to show the actual size of the image.

Portrait Parle, is also known as a spoken picture, is a method of describing in a detailed manner
the human head which gives emphasis on the different part. Composite drawing is a graphical
drawing of the suspects face drawn as an aid in establishing the identity of person who might
have committed the crime. Faithful reproduction simply means as correct and accurate
reproduction based on how individual evidence was gathered and collected at the crime scene.

Digital Photography - Is defined as an art and science in line with the process of producing or
reproducing digital photographs and other digital images through the action of light and with the
aid of digital camera and other digital devices.

In digital photography, image can be reproduced through:

1. Directly using a digital camera

2. Taking a photo from a video
3. Scanning a conventional photograph
Sensitized material refers to any substance that is very sensitive to light and loses its value when
exposed to the same. Photographic paper is where the image is transferred from the film during
the development of the photograph.

Lesson 28 – Forensic Toxicology and Serology

Forensic toxicology is defined as the application of toxicology to aid in the medical and legal
aspect of death investigation. Toxicology simply refers to the study of chemicals and its adverse
effects in the human body. This discipline is very useful in the following instances:

1. Drug Testing
2. Alcohol intake
3. Death investigation specifically in cases of poisoning

In cases, where body fluids such as blood, semen, saliva are recovered from the crime scene,
serology can be of help as it is the science that deals with the study of body fluids.

Forensic serology deals with the identification, detection, and classification of the different
bodily fluids found in the crime scene.

The test for Serology are as follows:

1. Presumptive Test – a quick preliminary test conducted to determine if the sample taken is
blood.
2. Confirmatory Test – this test is conducted to conclude that the test taken is blood.

Lesson 29 – Anthropometry and Fingerprinting

Anthropometry refers to the system of body measurement. With the aid of anthropometry,
suspect’s body is measured.

Every person arrested was fingerprinted to serve as a standard and will be submitted for filling
purposes. Standard in the sense that they serve as a correct copy of the fingerprint of the
individual person. Filing refers to the submission of the fingerprint standard to the recording
system for future use.

The following are the principle of fingerprint:

1. Principle of Permanency
2. Principle of Individuality
3. Principle of Infallibility

Lesson 30 – Forensic Medicine

Forensic Medicine is a branch of medicine that deals with the application of medical knowledge
to establish facts surrounding the causes, manner, and time of death of the person. It aids
investigation, such that they enlightened investigators as to how and when the crime was
committed through the conduct of autopsy.
Autopsy is defined as the thorough examination of a dead body done through dissection. Autopsy
opens the internal parts of a dead body to perform the examination and carefully studies each
internal part to establish the possible factors as well as the possible manner surrounding the death
of the person.

Postmortem means after death

One greatest contribution of forensic medicine in the field of investigation is that, investigators
may possibly determine the approximate time of death through visible body changes.

These visible body changes are as follows:

1. Algor Mortis or cooling of the body

2. Rigor Mortis or muscle stiffening
3. Livor Mortis or skin discoloration

Lesson 31 – Polygraphy

Polygraphy is defined as the scientific method of detecting deception done with the aid of a
polygraph machine. Polygraph is a scientific instrument used as an aid in detecting deception.
Sometimes it is called a “Lie Detector” although there is no such machine that can detect lies.

The term subject in polygraph examination refers to the person who is placed under polygraph.
The polygraph machine cannot tell whether the person is lying or not. It only serves as an aid in
investigation specifically in the interrogation process if the person so agree that he will be placed
under polygraph examination.

Examiner relies on the physiological changes in the body of the person to detect if the person is
lying or not. These physiological changes refer to body changes which occurs if the person is
performing an act or is under stress like sweating, faster heartbeats, heavy breaths, and others. In
polygraph examination, the subject will be under stress if he intends to lie resulting to
physiological changes in his body. These physiological changes are now recorded with the aid of
a polygraph machine and interpreted by the examiner.

Lesson 32 – Search Warrant

Warrant simply means as the permit given by the court for a particular purpose. In criminal
investigation, search is a form of government invasion to the person’s freedom to privacy. A
seizure is the confiscation of the property or any material usually fruit of the crime or product of
illegal activities to serve as an evidence in the legal proceeding.

A search warrant is legally defined under the Rules of Court 9Section 1, Rule 26) as 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 described therein and bring it
before the court.

Application and Issuance of Search Warrant

Any police officer can request for the issuance of a warrant provided that there is a probable
cause as a strong basis for its issuance. Any police officer can secure the warrant from:
1. The court that has the territorial jurisdiction of the crime
2. For compelling reason, any court within the judicial region where the crime was
committed if the place of the commission of the crime is known
3. Any court within the judicial region where the warrant shall be enforced.

Who shall issue the warrant?

It is the judge who will issue the warrant after questioning the complainant under oath and in
writing to include the possible witnesses who may be presented. The place to be searched must
be described together with the properties to be seized. The sworn statement shall be recorded
together with the affidavit.

The search warrant shall be issued for the search and seizure of the personal property which
includes the following:

1. Subject of the offense

2. Stolen or embezzled and other proceeds, or fruits of the offense
3. Used or intended to be used as the means of committing an offense.

Can the judge issue a general search?

No, the search warrant must specify the items to be searched and seized and such items must
have a connection to the case under investigation.

Execution of Search Warrant

In the execution of the search warrant, the person must identify himself and his purpose. If he
will not be admitted to the place directed to the search, then he may break any part of the house
either:

1. To execute the warrant

2. To liberate himself or any person lawfully aiding him when unlawfully detained.

The warrant shall be valid only for (10) days from the date of its issuance and no search shall be
made except:

1. Lawful occupant is present

2. Any member of his family
3. Presence of at least two witnesses of sufficient age and discretion residing in the same
locality.

The officer making the search and seizure shall deliver the property to the court who issue the
warrant together with the inventory of seized items under oath. If after (10) days the warrant was
not returned, the issuing judge shall summon the person to whom the warrant was issued and
allow him to explain why no return was made.
The return of the search warrant shall be filed and kept by the custodian of the logbook on search
warrant who shall enter therein the following:

1. Date of return
2. Result of the search
3. Action of the judge

Lesson 33 – Warrantless Search

Warrantless search is defined as the search and seizure of personal property based on probable
cause made by a police officer without a warrant. This true in cases of exigent circumstance.
Exigent circumstance refers to a situation whereby securing a warrant would make it less
practical or useless. The following are examples of exigent circumstances whereby a valid
warrantless search and seizure is applicable.

1. Search Incidental to Lawful Arrest

2. Seizure in Plain View
3. Stop and Frisk Rule
4. Consented Warrantless Search
5. Search of Moving Vehicle
6. Tipped information search

Lesson 34 – Limitations of and Motion to Quash a Search Warrant

The 1987 Philippines Constitution provides the rights of all people against unreasonable searches
and seizures of whatever nature. It also provides that no search warrant shall be issued except
upon probable cause (Section 2, Article III, 1987 Philippine Constitution). Any search and
seizures without the benefit of a warrant shall be deemed considered as illegal search. Illegally
seized evidence is referred to as fruit of poisonous tree. Fruit of the poisonous tree doctrine
established the guideline that evidence obtained as a result of some illegalities is inadmissible in
court as the evidence is incompetent, meaning they are excluded by the law. Exclusionary rule
speaks that evidence illegally obtained, or fruit of poisonous tree, is excluded as evidence as they
violate the right to privacy.

Exclusionary rule established the principle that evidence obtained by an unreasonable search and
seizure regardless of their relevance to the case under investigation shall be inadmissible as
evidence as provided by the following cases:

1. Week vs. Unites States – evidence will be inadmissible at the federal level
2. Mapp vs. Ohio – evidence will be inadmissible in all courts

Furthermore, Motion to quash refers to the request of a party to declare the previous order as
void, null or invalid. In line with search warrant, motion to quash search warrant refers to the
application made by one party to nullify a search warrant previously issued.

What is the effect of motion to quash search warrant?

If the motion is granted, the search warrant so issued becomes void. Meaning, whatever evidence
obtained from the previous search and seizure can no longer be admitted as an evidence in court.

Lesson 35 – Liabilities Related to Search and Seizure

The issuance of a warrant in line with search and seizure does not automatically guarantee the
success that evidence will be inadmissible in court as part of its procedural requirements. Below
are some of the errors committed and the corresponding charges attached to such violation if
convicted. This includes the following:

1. Perjury
2. Contempt of Court
3. Violation of Domicile
4. Petition for Certiorari

Lesson 36 – Ethical Issues

Ethical issue refers to the question of performance whether the act performed is right or wrong.
In line with police work, this may refer to the conduct of an individual police officer as to
whether or not he acted within the limits of the law.

These ethical issues may include but not limited to the following:

1. Case overload
2. Nepotism
3. Use of Deception

Case Overload – refers to the accumulation of cases pending for investigation.

Nepotism – refers to the practice of giving special favour among others especially among circle
of friends or families.

Use of Deception – Deception means as an act of making others believe in something which is
false. It might be in a form of untruthful statement or act which will be construed by others as
true.

Entrapment – is defined as a form of investigative technique done in order to apprehend

criminals in the act of committing a crime while instigation is the act of inducing an individual to
commit a crime.

Deception in the following circumstances are absolutely forbidden such as but not limited to:

1. Planting of evidence
2. Making spurious evidence
3. Making false reports
4. Making false testimonies in court
5. Deceiving fellow officers and superiors

Ethics in Lying
The use of deception increases the chances of apprehending law violators. It is makes it easier to
detect suspected criminals. One means of deceiving is through the use of lies. Lie may refer to
untruthful statement.

Some investigators may disregard it as one means in investigating crimes as lying, no matter how
ethical, is still a lie. Some of these factors why others opted not to lie are as follows:

1. The public may destroy confidence towards the police

2. Lies are immoral
3. Spiritual officers may not permit lying

Lesson 37 – Police Ethical Investigation Models

Administrative liability – refers to the accountability of one individual with respect to the
established rules and regulations of the department.

Criminal liability – refers to the obligation in which one is liable for committing an act or
omission to which the public and the law defined it as a crime.

Police Abuse – refers to the misconduct committed by an individual police officer in line with
the performance of his duty.

In line with investigation, these police abuses may generally be labelled as:

1. Malfeasance – refers to the performance of an act by which the law or department rules
prohibit him to do so.

a) Police brutality
b) Instigation
c) Planting of evidence
d) Incriminating innocent person

2. Misfeasance – refers to the improper performance of an act committed by one who has
the option to perform it better.

a) Incomplete report
b) Omitting important information in the submission of reports
c) Inappropriate response during investigation process
d) Inadequate investigation skills

3. Nonfeasance – refers to the failure to perform an act as required by law or department

rules and regulations.

a) Failure to give assistance to victims of crime.

b) Failure to respond to complainants brought before their office.
c) Failure to inform and update headquarters regarding the status of the case under
investigation.
d) Failure to keep records in the chain of custody.
Police Ethical Investigation Models – refers to the investigation process conducted against
police officer who is suspected to have violated the expected standard of obedience in dealing
with police matters. Some of these models are as follows:

1. Independent Model – his model only allows civilian individuals to conduct

investigation against police officers.

2. Dependent Model – this model limits the investigation of police misconduct within
the police department.

3. Interdependent Model – this model is a combination of police officers and civilian

individual to conduct the investigation. Police officers do the investigation while the
civilian act as the investigator overseer.

Lesson 38 – Media and Investigation

Media plays an important role in information dissemination particularly in matters involving

police work. Media is a form of mass communication done through broadcasting, news
publishing or internet. Mass communication refers to the process of information dissemination
done by any media organization in large scale toward various people in the community usually
through television or radio.

Some of these police activities that are aided by the media very effectively includes but not
limited to the following:

1. Identify the perpetrator of the crime

2. Locate missing person
3. Publicity announcement
4. Police activities
5. Community engagements

However, it must be noted that not all information should be released to the media as it will
jeopardize any matter involving police work. These may include, but not limited to, the
following:

1. Conduct of entrapment operation

2. Surveillance of suspected criminals
3. Plans of undercover operations
4. Intelligence activities

In addition, while media helps in various police works, it also carries some negative impact to
the police organization. These negative impact may be due to the following:

1. As media help to reach people faster, it also makes the public to know faster in cases
where police officers were involved in some illegal activities.
2. Some media practitioners may leak false information or create story to influence and
shape the mind of the public against police organization.

Lesson 39 – Investigation Report

Report is defined as a written or oral account as to what someone had observed, heard, outlined,
or completed. In line with investigation, report is the narration of facts usually in writing done to
provide information and after exhaustion of investigative measures. This aids higher authorities
to be updated with the current status of the case or other matters considered to be valuable in
police works. This report may include but is not limited to the following:

1. Case under investigation

2. About a particular event
3. Occurrences
4. Person under surveillance

Report writing is defined as the narration in writing of the facts regarding pertinent events,
activity and/or social, economic, or political occurrences. Investigative report writing is the
reduction of facts in writing in line with the investigation conducted by any law enforcement
agencies to serve as a reference that will guide future endeavors to any matters that may have a
logical connection to the following

1. Case under investigation

2. Undercover operation
3. Court proceeding
4. Any law enforcement activity

In addition, report writing is done to serve the following purposes:

1. To create permanent and official record of all relevant information obtained during the
investigation
2. To provide other investigators with investigative leads and information to help them to
understand and advance the investigation
3. To serve as one basis for the advancement of the case

In addition, investigation report is an official document containing all relevant information that is
significant to the case under investigation.

Lesson 40 – Characteristics of an Effective and Efficient Written Report

Effective report refers to the capacity of the report to deliver relevant facts about the case while
efficient report refers to the capacity of the report to deliver accurate, brief, and concise facts of
the case under investigation.

To know more about report writing, take note, that it must have the two elements namely:

1. Form – how it should be written

2. Substance – what should be written

Form of Investigation Report

Like any other written communication, making an investigation report should follow the correct
form in order to make the communication comprehensible and understandable to readers unless
the intention is to conceal meaning for some reason, such as an undercover operation.

In investigation report, the following should be considered:

1. Correct Grammar
2. Paragraph
3. First person account
4. Active voice
5. Reader-focused
6. Readability and Legibility

Substance in Investigation Report

In addition to the correct format, investigation report should contain all information relevant to
the case. This information will guide readers as to what are the circumstances regarding the case
under investigation.

Investigation report must contain the following substance:

1. Factual
2. Accurate
3. Objective
4. Complete
5. Concise
6. Clear

Basic Types of Investigation Report

1. Spot report - also known as advance or initial report. This report is made upon the
conduct of initial investigation.
2. Progress report – otherwise known as follow-up investigation. This report is made for
every progress taken of the case under investigation.
3. Final report – is also known as closing report. This report is done after all efforts have
been exhausted and to include all the circumstances surrounding the facts of the case.
4. Affidavit – this refers to sworn statement reduced into writing made by a person under
oath before a competent public official.
5. Extra Judicial Confession – this is a document containing a confession made by a person
outside of court or legal proceeding.
6. Judicial Affidavit – is an affidavit executed by any person relating to circumstances under
which he will testify, facts which are relevant to the case under investigation, or identify
and attach documentary or object evidence and establish their authenticity in accordance
with the existing rules of court.

Lesson 41 – Apprehension and Prosecution

Police is responsible for the apprehension of offenders while the prosecutor is responsible for the
prosecution of cases in favour of the government. Apprehension is defined as the legal process of
capturing a person suspected to have committed a crime while the prosecution is the institution
of formal charges against the offender of the crime.

Feasible – meaning it is possible for investigation

Presentable – meaning the court can provide judgment in the case.

If the case is feasible and presentable, then it means there will be a better case build-up.

Case build-up – refers to the process of building a good case.

It must be noted that not all cases can be investigated. Some of these cases that cannot be
investigated includes but not limited to the following:

1. No tracing evidence
2. Unavailability of investigative leads
3. Evidence is destroyed
4. Unwilling victims and complainants

In addition, not all cases can be presented in court. This is true in cases like but not limited to the
following:

1. The prosecutor finds no probable cause – Take note that probable cause is needed to be
established in order to prosecute the case forward to the court level
2. Prosecutor finds that the evidences are incompetent – This means that the evidence is
gathered illegally or not in accordance with the established legal rules.

Lastly, while it is true that investigators and prosecutors function differently, however, they must
have an interdependence. Interdependence meaning, they need to work as one as they have one
common purpose which is the success of the case.

Lesson 42 – Downside of Investigative and Prosecutorial Disparities

The interdependence of two offices is vital in the success of the case. Nonetheless, since they
working under different department whose objective and perception are not similar, it follows
that they will have a different orientation as to the handling of cases.

In the Philippine setting, it is noted that the primary police force is the Philippine National Police
(PNP) which is under the Department of Interior and Local Government (DILG), along with the
Bureau of Fire Protection (BFP) and the Bureau of Jail Management and Penology (BJMP). On
the other hand, the different prosecution agencies are under the Department of Justice (DOJ).

What are the different prosecution agencies in the Philippines?

The prosecution agencies are:

1. National Prosecution Service

2. Office of Ombudsman
 3. Office of Solicitor General
4. Office of Regional State Prosecutor
5. Office of Provincial Prosecutor
6. Office of City Prosecutor
7. Public Attorney Office (PAO)

In addition, aside from the fact that the two agencies are under different departments, the other
common and most of the time considered as the downside of the investigative and prosecutorial
disparities are the following:

1. Poor coordination
2. Difference in the appreciation of the case

Poor coordination – refers to lack of proper communication between agencies and parties. One
example of poor coordination is case attrition.

Case attrition – is defined as the arrest of the perpetrator without criminal charges filed.

Filing of criminal charges should be done specifically if the warrantless arrest is either:

1. Caught in the act or In flagranti Delicto

2. Hot pursuit
3. Escapee

If the person is arrested under the Philippine law by virtue of warrantless arrest, the person can
be detained based on the following number of hours:

1. Maximum of 12 hours for light offenses

2. Maximum of 18 hours for less grave offenses
3. Maximum of 36 hours for grave offenses

Due to poor coordination, filing of criminal charges is delayed, or, no filing of criminal charges
at all.

The person so arrested again should be released if no criminal charges filed as any police officer
who will not observe or fail to observe the following number of hours shall be charged for
Arbitrary Detention under article 125 of the Revised Penal Code.

Difference in the Appreciation of Cases – to successfully win the case, investigation and
prosecution require close and indispensable contact. However, the prosecutor usually lacks
information with the officer who has the knowledge regarding the case as there is a poor
coordination between the two, or, difference in the working hours.

Lesson 43 – Cybercrime

Cybercrime – is a terminology that refers to all crimes committed through cyberspace done with
the aid of a computer or any digital devices capable of sending, receiving, transmitting, recording
or storing computer data.
Cyberspace – refers to communications made through digital devices in the virtual environment.

Virtual environment – meaning the communication is not done physically but rather with the
aid of digital technology.

Digital technology – refers to any devices such as but not limited to computers, cellphones,
smartphones and other devices that can send, receive, transmit, record or store computer data.

Computer data – refers to anything stored in the memory of the computer software. It could be
either text, drawing, images, video, audio or any form of communication.

Digital investigation – defined as the process undertaken by the forensic computer investigator
and forensic computer examiner to uncover the elements of the offense committed which are
directly or indirectly contained in the digital devices and which are necessary for the prosecution
of criminal charges.

Digital device – is a generic term referring to all devices capable of performing multiple
functions such as storing, sending, and receiving electronic data.

Electronic data – simply means as any data or information stored through electronic means, the
term electronic data also cover the perspective under computer data.

Lesson 44 – Court Warrant

Like any other searches that should be made, cybercrime offense needs the same court order.
Although it may involve and focus on the different digital and electronic devices, however, the
concept and principle are the same. That is, any evidence searched and seized without a proper
court order are deemed inadmissible as evidence in court as they are fruit of the poisonous tree
and as it violates the right of the person against privacy. The same with an ordinary search and
seizure of evidence; these evidences if searched and seized are incompetent evidences as they are
excluded by rules and laws.

In line with cybercrime, this court warrant refers to an order in writing issued in the name of the
People of the Philippines, signed by the judge, upon application of law enforcement authorities
to:

1. Issue an order requiring any person or service provider to disclose or submit subscriber’s
information, traffic data or relevant data in his/her possession or control (Warrant to
Disclose of Computer Data);

2. Listen, record, monitor or surveillance the content of communications (Warrant

Interception of Computer Data)

3. Search a particular place, seize and examine computer data and all other items related
thereto (Warrant to Search, Seized and Examine Computer Data)

4. Obtain computer data from computer device or computer system if they are possessed by
virtue of a lawful warrantless arrest (Warrant to Examine Computer Data).
The effectivity of all warrants mentioned shall not exceed ten (10) days from the date of its
issuance and may be extended by the court for a period not exceeding ten (10) days from the
expiration of the original period and upon justifiable reasons only.

Warrant to Disclose Computer Data (WDCD) – it is an order secured by law enforcement

authorities requiring any person or service provider (or Internet Service Provider) to disclose or
submit subscriber’s information, traffic data or relevant data in his/her possession or control in
relation to a valid complaint officially docketed and assigned for investigation.

The verified application for WDCD together with the supporting affidavits shall state the
following essential facts which include:

1. Probable cause involved

2. Relevance and necessity for the computer data or subscriber’s information sought to be
disclosed for the purpose of the investigation
3. The names of the individuals or entities whose computer data or subscriber’s information
are sought to be disclosed, including the names of the individuals or entities who have
control, possession or access thereto
4. Particular description of the computer data or subscriber’s information sought to be
disclosed
5. Place where the disclosure of the computer data or subscriber’s information is to be
enforced
6. Manner or method by which the disclosure of the computer data or subscriber’s
information is to be carried out
7. Other relevant information that will persuade the court that there is probable cause to
issue a WDCD.

Warrant to Intercept Computer Data (WICD) – is an order in writing issued in the name of
the People of the Philippines, signed by the judge, upon application of law enforcement
authorities, authorizing the latter to carry out any or all of the following activities:

1. Listening to
2. Recording
3. Monitoring
4. Surveillance of the content of communications, including procuring of the content of
computer data, either directly, through access and use of a computer system or indirectly,
through the use of electronic eavesdropping or tapping devices, at the same time that the
communication is occurring.

The verified application for WCID together with the supporting affidavits shall state the
following essential facts which include:

1. Probable cause involved

2. Relevance and necessity for the computer data or subscriber’s information sought to be
intercepted for the purpose of the investigation.
3. The names of the individuals or entities whose computer data or subscriber’s information
are sought to be intercepted, including the names of the individuals or entities who have
control, possession or access thereto
 4. Particular description of the computer data or subscriber’s information sought to be
intercepted
5. Place where the interception of the computer data or subscriber’s information is to be
enforced
6. Manner or method by which the interception of the computer data or subscriber’s
information is to be carried out, if available.
7. Other relevant information that will persuade the court that there is probable cause to
issue a WCID.

Warrant to Search, Seize, and Examine Computer Data (WSSECD) – is an order in writing
issued in the name of the People of the Philippines, signed by the judge, upon application of law
enforcement authorities, authorizing the latter to search, seize and examine computer data and all
other related items thereto.

The verified application for WSSECD together with the supporting affidavits shall state the
following essential facts which include:

1. Probable cause involved

2. Relevance and necessity for the computer data or subscriber’s information sought to be
searched, seized, and examined for the purpose of the investigation.
3. The names of the individuals or entities whose computer data or subscriber’s information
are sought to be searched, seized and examined, including the names of the individuals or
entities who have control, possession or access thereto.
4. Particular of the computer data or subscriber’s information sought to be searched, seized
and examined.
5. Place where the search, seizure, and examination of the computer data or subscriber’s
information is to be enforced.
6. Manner or method by which the search, seizure, and examination of the computer data or
subscriber’s information is to be carried out, including a projection of whether or not an
off-site or on-site search will be conducted.
7. Other relevant information that will persuade the court that there is probable cause to
issue a WSSECD.

Warrant to Examine Computer Data (WECD) – is an order in writing issued in the name of
the People of the Philippines, signed by the judge, upon application of law enforcement
authorities, authorizing the latter to examine computer device or computer system for the
purpose of obtaining for forensic examination the computer data contained therein. If
interception is likewise needed, it can be done during the life or effectivity of WECD.

The verified application for WECD together with the supporting affidavits shall state the
following essential facts which include:

1. Probable cause involved

2. Relevance and necessity for the computer data or subscriber’s information sought to be
intercepted for the purpose of the investigation
3. Names of the individuals or entities whose computer data or subscriber’s information are
sought to be intercepted, including the names of the individuals or entities who have
control , possession or access thereto
4. Particular description of the computer data or subscriber’s information sought to be
intercepted
 5. Place where the interception of the computer data or subscriber’s information is to be
carried out.
6. Disclosure of all the circumstances surrounding the lawful acquisition of the computer
device or computer system containing the computer data
7. Other relevant information that will persuade the court that there is probable cause to
issue a WICD.

Take note that, after all items seized by virtue of a Warrant to Disclose Computer Data (WDCD),
Warrant to Intercept Computer Data (WICD), or even digital devices obtained as a result of
search and seizure after a lawful arrest, shall not be examined unless there is a Warrant to
Examine Computer Data (WECD).

Liabilities Related to Cyber Warrant

Contempt – All law enforcement authorities who fails to timely file the returns of the issued
warrant or to duly turn-over to court’s custody any of the items disclosed, intercepted, search,
seized, and/or examined as prescribed shall be subject for contempt.

Obstruction of Justice – any person or service providers who fails to comply with the order from
law enforcement authorities shall be held liable for obstruction of justice as defined under
Presidential Decree 1829.