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CDI 01 Fundamentals of Invest. Week 1 3
CDI 01 Fundamentals of Invest. Week 1 3
MODULE
IN
Prepared by:
RAYMOND F. TALADTAD
Module I
BASIC PRINCIPLE IN CRIME, CRIMINAL LAW AND EVIDENCE
Learning Outcomes:
In social context, crime refers to any act considered as wrong or violates the standard norm of the society.
Socially, the act means that there must be an overt bodily movement. Overt meaning it can be seen or
observed. Here, crime may be committed either:
1. The act committed is wrong such that the act performed injures or otherwise deprive the individual of
either their lives (killing a person) or property (stealing something); or,
2. The act violates the standard norm meaning the society itself considered the act as a crime.
Considering that there are cases in which the country or the culture dictates as to whether or not that act is
a crime, then it suggest that territory governs primarily and the definition of the term crime may vary in every
places.
Example:
a. The act of selling marijuana is a crime in the Philippine but not in Netherland and Spain.
a. The practice of other tribes in killing a person as an act of revenge is not a crime.
b. Blood feuds between two rival families or tribes. Blood feuds is the cycle of inflicting injury of killing
a person between two clashing clans or tribes as a retaliation of their previous act/s.
On the other hand, crime in the legal framework in primarily on the laws of the land. Law is define as
the system of rule embodied by different principles that binds 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 Philippine
Constitution which is deemed considered as the highest and supreme law of the land. As a rule, “No law should
be pass in contrary to the Constitution.
Meanwhile, under Philippine jurisprudence, crime in legal perspective is define 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 perform by the offender that is in contrary or violates the law; or,
2. Through omission by which the offender fails to perform certain act as required by law.
Examples:
2. Crime by omission
a. Delaying release (Art 126, RPC)
b. Other cases of Evasion of Service Sentence (Art 159, RPC)
c. Failure to make delivery of public funds or property (Art 221, RPC)
d. Refusal of Assistance (Art 233, RPC)
As crime refers legally and generally to an act or omission that violates the law, some other terms must
be noted also as they might be confusing and interchange with the word crime such as:
Felony- these are group of crimes that violates the Revised Penal Code (Art 3815)
Offense- these are acts which where define as crimes as a result of the special law enacted
by legislatures.
Misdemeanor- these are minor violations or infractions not tantamount to serious injuries or
damages.
Take note that Revised Penal Code (RPC) define those acts as crime which by nature are wrong or
evil (mala inse) as well as provide their nature, penalty and elements to determine such crime which includes
but not limited to murder, homicide, theft and robbery. On the other hand, Special Laws are those law which
makes an act is a crime (mala prohibita) as a result of enactment of law as crafted by the congress in the form
of Republic Acts. It also include those acts define as a crime other than those enumerated under Revised Penal
Code.
Offender refers to any person suspected accused or otherwise charge of a crime either through an act
or omission. In the course of investigation, all available means must be exhausted to prove the allegation that
will be brought before the trial court against the offender. Investigation moreover refers to the systematic
examination to crack and solve the allegation. Allegation on the other hand refers to the contention that
someone had committed wrong or mistakes. It must be noted that it is the primary job of the investigator to
gather evidence needed to solve the case and the process of employing the different investigative technique.
1. _________ is any person suspected, accused or otherwise charge of a crime either through an act or
omission.
2. _________ are those law which makes an act as a crime (mala prohibita) as a result of enactment of
law as crafted by the congress in the form of Republic Acts.
3. _________ are group of crimes that violates the Revised Penal Code (Act 3815).
4. _________ refers to the contention that someone had committed wrong or mistakes.
5. _________ these are acts which where define as crime as result of the special law enacted by the
legislatures.
6. _________ is define as the system of rule embodied by different principles that binds the practice or
action concerning human conduct.
7. _________ is define as an act or omission in violation of the law.
8. _________ these are minor violations or infractions not tantamount to serious injuries or damages.
9. _________ refers to any act considered as wrong or violates the standard norm of the society.
10. _________ is the cycle of inflicting injury or killing a person between two clashing clans or tribes as a
retaliation of their previous act/s.
Unit II. Criminal Responsibility and Investigative Police Power
Learning Outcomes:
Criminal Responsibility is the obligation of the person for the charges as a result of his criminal
act. Since crime in its social context includes the culture of a certain group, investigator must
remember that each culture may vary and shift from one another. For better understanding, culture in
simple term refers to the characteristics of a certain group of people which commonly include their
ways of living, language, religion, social habit, beliefs, attitude and other traits whereby people from
other culture will recognize them.
Example:
The criminal responsibility of one person who killed someone as result of vengeance may shift the
blame to the first actor who committed wrong first. Hence, investigator must be knowledgeable also to
the society where the latter is currently assigned.
The question is that, if the fundamental vases in the process of criminal investigation is the laws of
the land, then would it allow that the culture of someone aggrieved to roll out?
Well again it varies accordingly. In the Philippine setting, Presidential Decree 1508 as amended
cited that “the customs and traditions of indigenous cultural communities shall be applied in setting
disputes between members of the cultural communities” ( paragraph 3, Section 412 of RA 7160) .
Therefore, investigator should also be reminded of this practices and be sensitive enough in assisting
the prosecution of the case if feasible.
Moreover, criminal responsibility is also affected by some other factor such as age or the
soundness of the mind of the presumed criminal. Specifically, these are minors and lunatics.
Technically, the term minor, child or children refers to someone who is not yet in their puberty stage.
Puberty on the other hand is the stage wherein the child is already capable of reproduction. Legally,
“child” is define as any person below the age of 18 years (paragraph 5, section 4, RA 9344 as
amended) while “children” is legally define as refers to person below of eighteen (18) year of age or
those over but are unable to fully take care of themselves or protect themselves from abuse, neglect,
cruelty, exploitation or discrimination because of a physical or mental disability or condition (paragraph
1, section 3, RA 7610).
On the other hand, “Lunatics” are those individual whose mind are in the state of sickness or ill.
These are those individual who cannot decide on their own and cannot take good care of themselves
even if they are already above the age of emancipation. Age of Emancipation simply means as the life
stage of the individual whereby parental authority over him ceases. In the Philippines, the age of
emancipation is 18 years of age.
According to Republic Act 9344 as amended provides that “child/children who is/are 15 years old
and below during the commission of the crime shall be automatically exempt the child from criminal
responsibility”. Hence the latter cannot be prosecuted. However, investigators must be alert as there
could be someone using this defense to manipulate and control the child to commit crime.
Investigation therefore should focus now to those are manipulating these young being.
It is obvious that criminal investigation requires patience and effort as society is dynamic and
changing along with the law that provides the mandate of its enforcement.
Furthermore, Law Enforcement Agencies primarily the Philippine National Police as the
primary police force in the country is vested with the power to effect investigation of cases as a result
of crime commission. Police Power 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 the bounds of the
law. Investigative Police Power however is define as the capacity of the police to initiate investigation
of cases which violates the law.
“Salus populi est suprema est lex”- “The welfare of the people is the supreme law”
“Sec utere tou ut alienum non leadas”- “so use your own as not to injure another property”
As law provides the objectives of criminal investigation, it is also the one that dictates and
control their conduct. Objective as use in this text refers to the direction and end- purpose of criminal
investigation needed to solve the case.
Substantive Criminal Investigation refers to the knowledge, nature and implication of the
different crimes that investigator should know and possess. It must be noted that the elements of
every crime should be considered as they will guide investigators regarding the proper charge that
should be brought before the prosecution office. On the other hand, Procedural Criminal Investigation
refers to the knowledge regarding the rules on how pieces of physical evidence should be process in
order to maintain its integrity during presentation and be given credit by the trial court. Take note,
physical evidence refers to any material or substance which are found in the crime scene and has a
logical connection to the offense charge and which aids the investigator in solving the case. Crime
scene is simply the area where the crime took place and where all physical evidence were gathered
and collected.
1. _________ is founded on the principle that every person subjected to a criminal case is
deemed considered innocent unless proven guilty beyond reasonable doubt.
2. _________ refers to any material or substance which are found in the crime scene and has a
logical connection to the offense charge which aids the investigator in solving the case.
3. _________ is the obligation of the person for the charges as a result of his criminal act.
4. _________ is a principle which states that a person is guilty base on moral certainty.
5. _________ however is define as the capacity of the police to initiate investigation of cases
which violates the law.
6. _________ in a sense that a person is proven guilty base on how the court appreciated the
evidence presented during trial which produces a conviction.
7. _________ refers to the knowledge, nature and implication of the different crimes that
investigator should know and possess.
8. _________ on the other hand is a judgment rendered by the trial court that the accused
person is guilty of the crime charge against him.
9. _________ simply means as the life stage of the individual whereby parental authority over
him ceases. In the Philippines, it commence at the age of 18 years old.
10. _________ refers to the knowledge regarding the rules on how pieces of physical evidence
should be process in order to maintain its integrity during presentation and be given credit by
the trial court.
Unit III. Admissibility of Evidence
Learning Outcomes:
Evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth
respecting a matter of fact. (Sec. 1, Rule 128, Rule of Court).
Evidence in any crime incident dictates the outcome of the case as a result of criminal investigation as
these are the primary source that will serve as the bases in prosecuting the person who will be held for trial.
Evidence also 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. In the process of its collection, those gathered properly will
be admitted during court presentation while rejecting those that are not.
In the Philippines, the Revised Rules of Court provides for the requirements as to how individual evidence
will be admitted such that:
1. Evidence must be relevant- evidence is relevant to the matter under investigation if it has a logical
connection to the fact in issue brought before the court (gun is relevant evidence in shooting incident);
and,
2. Evidence must be competent- evidence is competent when It does not violate any procedural
requirement during the gathering or collection of such evidence or that it is not excluded by the laws
(shabu seized with a warrant is a competent evidence).
Under the law, there are three general classification of evidence that investigator must remember such as:
1. Object Evidence- an evidence which by its nature can be brought before the court as these are the
actual materials that are recovered from the crime scene. These are also evidence which directly
addresses to the senses of the court.
2. Testimonial Evidence- an evidence offered in the form of testimony either by an eye witness in the
commission of the crime or those who have knowledge regarding its commission.
3. Documentary Evidence- these are those evidence in document form which includes some electronic
evidence such as text messages, chat messages, electronic mail and some other evidence which are
printable.
b. Circumstantial Evidence- these are combinations of different events which if combine may
produce a conviction. Otherwise known as indirect evidence.
2. Corroborative vs. Cumulative Evidence
a. Corroborative Evidence- these are evidence which has a different character from the one
previously offered.
b. Cumulative Evidence- these are evidence which has a similar nature and character to the one
previously offered.
1. _________ is an evidence offered which may produce a conviction if no rebuttal evidence can be
shown.
2. Evidence is __________ when it does not violate any procedural requirement during the gathering or
collection of such evidence or that it is not excluded by the laws.
3. _________ is an evidence offered by a witness in which he clearly manifest that an event or scenario
exist or did not exist.
4. _________ are those evidence in document form which includes some electronic evidence such as
text messages, chat messages, electronic mail and some other evidence which are printable.
5. _________ are evidence which has a different character from the one previously offered.
6. _________ is an evidence offered in the form of testimony either by an eye witness in the commission
of the crime of those who have knowledge regarding its commission.
7. _________ are evidence which has a similar nature and character to the one previously offered.
8. _________ is an evidence offered by a witness in which he is not certain as to whether an event or
scenario exist or did not exist.
9. _________ is an evidence which by its nature can be brought before the court as these are the actual
materials that are recovered from the crime scene. These are also evidence which directly addresses
to the senses of the court.
10. _________ is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth
respecting a matter of fact.
Assessment (Module I): Understanding- How do you describe the following terms?
1. Crime
2. Criminal Responsibility
4. Evidence
Module II
TOOLS, PHASES, AND PRINCIPLES IN INVESTIGATION
Learning Outcomes:
Criminal Investigation is define as art and science oriented towards identifying perpetrator/s,
launching operations to locate his/ their whereabouts and gathering of evidence to prove their guilt
during criminal proceeding. Criminal Investigation is deemed considered as an art since it involves the
personal qualities of the investigator as to how he will utilize different technique and devise his own
investigative skills in order to apprehend the perpetrator. Science in a sense that criminal investigation
follows a logical procedure, methods or process in order to arrive at a certain conclusion as to how the
crime was committed as well as to how he will provide evidence to prove the guilt of the perpetrator
during criminal proceeding.
The term Perpetrator refers to the person suspected to have committed an act which is define by
law as crime.
In the course of investigating crime, criminal investigation takes the following stages to ensure the
success of the case being handled namely:
1. Identify perpetrator/s- it is important in the first part of investigation to recognize as to who is the
perpetrator of the crime. It is mainly established as this will guide investigators as to who committed
the crime.
2. Locate his/ their whereabouts- after identifying perpetrator, the next step is to trace his whereabouts
which includes but not limited to his place of residence, work place and hangout places.
3. Provide Evidence needed for his conviction- to successfully produce a conviction, investigators must
remember the rules in handling evidence so as to maintain its integrity starting from the crime scene
up until during court presentation.
Assessment (Unit I): Application (Limit your answer up to 30 words per question)
1. Homicide Investigation
a. How will you identify perpetrator/s?
b. What are your means in order to locate the perpetrator/s?
c. What are the evidence that you need to consider for the conviction of the perpetrator/s?
2. Robbery Investigation
a. How will you identify perpetrator/s?
b. What are your means in order to locate the perpetrator/s
c. What are the evidence that you needed to consider for the conviction of the perpetrator/s?
Learning Outcomes:
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 been 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 perform is not tantamount to a crime, then obviously they don’t have any personality to
interfere with the matter.
Meanwhile, investigators play an important role in the success of criminal investigation. As they are the
primary individual who gathers and collects relevant information concerning the crime and later on give
testimonial evidence in court. As such, they should possess the following qualities to become an effective
investigators:
1. Good Communication- this refers to the capability of the investigator to interact both in written and oral.
This means that they can do effective interview either to the witness or suspects as well as be able to
write a written report when required to do so. Effective Interview meaning a fruitful interaction between
the investigator and the people as he gather information without language problem.
2. Active Listener- this refers to the ability of the investigator to attentively hear the testimony given by a
witness and be able to identify hearsay statements or false statements. Hearsay are those elements
made by the person who does not witness the actual commission of the crime while false statements
are those statements which are purely fictitious and are invented only by the witness.
3. Critical Thinking- this refers to the analytical skills of the investigators while he formulate judgment
based on the testimonies given by the witnesses and evidence gathered in the course of investigation.
4. Work under pressure- this refers to the capacity of the investigator to go through the investigation
process despite of obstacles and hindrances that he may encounter such as but not limited to lack
resources, inadequate investigative leads and clues and others. Investigative leads refer to the
information gather from people specially those who are within the immediate area where the crime
took place while clues refers to the pieces of signs and traces which helps in identifying perpetrators.
5. Innovativeness- this refers to the flexibility and resourcefulness of the investigator in trying to uncover
the identity and location of the perpetrator. This include finding all possible ideas that he may take in
the course of investigation.
6. Integrity- this refers to the honor and honesty of the investigator in solving the case and avoid unethical
issues that will discredit his image.
7. Knowledge about rules on evidence- this refers to the knowledge of the investigator about evidence
handling which includes but not limited to preservation , marking, tagging, packaging and the
requirements as to how such evidence will be admitted in court during presentation.
Moreover, these qualities should not be possess only by an investigator but rather should be enhance in
response to the changing society. This could be possible through different seminars and training in line with an
effective investigation.
Seminars are more in line with discussion or meetings while trainings are more incline with actual or
practical exercises and demonstrations.
Case:
Investigator A is very passionate about his work. He makes sure that he can utilize all possible means
in order to solve the case. He also ascertain that whatever circumstance may arrive, he needs to push through
and finish the case under investigation.
On the other hand, investigator B also ensure that the cause should be finish no matter what difficulty
may arise. However, unlike investigator A, he is more skilled in dealing any types of witness, victims or even
suspects that may come before him.
Question:
1. What qualities of an effective investigator that investigator A is similar to investigator B? Support your
answer.
2. What qualities of an effective investigator that investigator A is different from investigator B? Support
your answer.
Unit III. Approaches and Tools in Criminal Investigation
Learning Outcomes:
The manner how investigator starts learnings 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 includes an individual to
perform an act which is define as a crime. This manner how investigator start 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- this approach in investigation follows a sequence from specific to general such
investigator will look first at the pieces of evidence before concluding as to what crime is committed.
2. Deductive approach- this approach in investigation is contrary to the former as this starts from
general to specific such that investigator will start looking first at the body of the crime ( corpus delicti)
before proceeding with the individual evidence as to how the crime was committed.
For better understanding, 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:
To aid those approaches, investigators must remember the tools in criminal investigation which includes
the following:
1. Information- refers to the data needed in the course of investigation. This will allow investigators to
gather facts needed to solve the case as this is considered as the lifeblood and essence of
investigation.
2. Interview and Interrogation- both are similar in terms of their purpose- to acquire information. However
they differ in the manner as to how they gather and collect information such that interview is done in a
simple manner of questioning and mostly done among complainant, victims or witness. Interrogation
on the other hand is intrusive or antagonistic in its approach as it questions commonly suspects,
accused or hostile witness.
3. Instrumentation- refers to the process of employing scientific instrument in crime detection
(Criminalistics) such as but not limited to bullet comparison microscope, fingerprint comparator,
polygraph machine and the like.
In addition, tools in investigation refers to the data or methodology use or employed from the beginning up
to the ending phase of the investigative processes.
Case:
In a certain murder case, Mr. A was stabbed by some unknown individual when he go out in their
house. It was noted that Mr. A had quarrel with his business partner because of some deficiencies which
involves big amount of money. This lead police investigators to establish that money could be the motive in
killing Mr. A.
Questions:
1. What information will you gather to solve this case? Where should you find this information?
2. Who are the possible person you will interview and interrogate?
Learning Outcomes:
1. What are the questions that must be answered in the conduct of investigation?
2. What are the things that investigator must remember during the investigation process?
3. How do police investigators establish the identity of suspects?
Series of questions and procedures should be set in order to produce a fruitful result. In the conduct if
investigation, investigator must note the cardinal points in criminal investigation which addresses the following
questions:
Moreover, investigative process is define 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:
Tampered Evidence refers to those evidence which by its nature are 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.
Method of Identification
Successful criminal investigation is impossible without first establishing the identity of the perpetrator.
Hence, all efforts are futile if perpetrator cannot be brought for prosecution and the feeling of the injustice on the
part of the victim is inevitable.
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 establish mainly
through the following:
1. Identification by witness- the identity of the perpetrator is established through an eye- witness or
person who have seen the perpetrator in the actual commission of the crime or his presence was seen
in the crime scene or immediate area/s where the crime took place.
2. Identification through Physical Evidence- the identity of the perpetrator is established through
collection of physical evidence that has a logical connection to the case which could either be
associative or tracing evidence. This two differ such that:
a. Associative evidence- these are those material/s owned and can be link to the perpetrator which
by some instance was left at the crime scene.
b. Tracing Evidence- these are those material/s taken by the perpetrator at the crime scene and
most commonly found in theft or robbery cases.
3. Identification through Forensic Science- this method is done through the aid of the expertise of
different forensic services such as DNA, Fingerprint, Odonthology and the like.
Application:
2. Stolen property
Analysis:
2. Altered?
3. Recorded?
B. If no one had witness the crime, how will the following aids in the conduct of investigation:
1. Physical Evidence
2. Forensic Science
Learning Outcomes:
The term “witness” is use both in technical and legal perspective. Technically, witness is define as any person
who have seen or knowledge regarding the commission of the crime. This could be further classify as:
1. Prosecution witness- refers to any person brought before trial to offer testimony in favour for the
prosecution and is use to add incriminatory evidence to the accused.
2. Defense witness- refers to any person who is brought before trial to strengthen the alibi of the defense
and to disprove the charge of the prosecution.
3. Character witness- refers to any person who offers a testimony in line with the character reputation of
some other person which will then serve at some point as to whether or not the testimony of that
person will be given credit or not.
4. Eye witness- refers to any person who have seen the actual commission of the crime either whole or
only part of its commission.
5. Child witness- refers to young individual who offers a testimony concerning a crime.
6. Dumb witness- these are those witness who by reason of some mental faculty are unable to provide
an accurate detail regarding the crime which is typically common among uneducated individual.
7. Honest witness- these are those witness who cooperates and avoid exaggeration or falsehood in
providing testimonies concerning the crime.
8. Fearful witness- these are those persons who are afraid of being involve in the prosecution of the
accused or simply shy to face the open court.
9. Egocentric witness- these are those witness who is prone to exaggeration of the things he had observe
and may attempt to add facts which are not part of the real scenario.
10. Hostile witness- these are those witness who are uncooperative and does not wish to provide
information necessary for the prosecution of the case.
11. Suspicious witness- are individual witness who are doubtful about the true intention of the investigators
or the police as a whole.
In legal perspective, the law and the Revised Rules of Court define and qualify a witness as “any person
who can perceive, capable of perceiving, and can make known his perception to others” can be a witness.
Under the Revised Rules of Court, the law further classify witness as either:
1. Ordinary witness- these are those witness who a 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.
Learning Outcomes:
1. If certain crime happened, what is the first thing that must be done?
2. If there are plenty of police stations, whose station shall respond?
3. How crime incident reaches the attention of the police?
4. As first responder, what is the initial step that must be done to secure the crime scene?
As a general rule, all crime scene investigation must be done by the police station who has the territorial
jurisdiction of the crime incident unless otherwise specified by higher authorities to be investigated by some
other unit or agencies and must be recorded in the official police blotter. Territorial jurisdiction means that the
crime incident happen within the area or place that a certain police station hold or cover. Police station
moreover refers to the office of local police that has a 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 arise.
Also, crime incident differs from crime scene such that crime scene again 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
a crime.
In the process of investigation, crime scene must be preserve as it contains the essential ingredients
surrounding the commission of the crime. On the other hand, crime incident must be establish as it will guide
investigators in filing the proper charge.
In what way that police officers are notified in the event that a crime happen?
In the event that a crime happen, it reaches the attention of the police through:
1. A concern citizen who witness the crime incident;
2. An accidental discovery of some citizen; or,
3. The action itself of the police officer in patrol.
Those who are in patrol are commonly regarded as the first responder as they are those who are employed
in the community with the end purpose of crime prevention. As part of their duties, first responder must do the
following:
1. Proceed to crime scene and validate information regarding crime incident;
2. Record all relevant facts and the time of arrival at the crime scene;
3. Cordon the area- meaning isolate the place so that unauthorized persons cannot enter the scene or
the suspect cannot destroy the evidence;
4. Identify possible witness and do the preliminary interview if feasible;
5. Arrest suspect/s if they are around or recommend for the conduct of dragnet operation- an operation
conducted to seal off possible exits of the suspect/s;
6. Be ready to take dying declaration of injured person. A dying declaration is a statement made by a
person who is under the impending death in which such declaration is related to the facts in which the
person is competent to testify;
7. Evacuate wounded person and/or account killed, wounded or arrested person;
8. Conduct initial investigation and briefing of investigator- on- case (IOC) upon his arrival at the scene;
and,
9. Conduct initial inventory of all possible evidence at the crime scene which must be signed by him, the
SOCO and by the investigator.
After such procedure, the investigating team will take full control of the crime scene which includes the
conduct of crime scene search, generating sketches as well as the taking of photograph, lifting of fingerprints,
marking and tagging as well as the collection of physical evidence and the like. Investigating team refers to the
group of police personnel charge with the investigation and processing of the crime scene which includes but
not limited to the search, collection, marking, tagging, preservation and transfer of evidence.
Upon the take- over of the investigating team, they ensure that the investigative procedures are followed
such as:
1. Record the date and time of arrival as well as all other important details in the crime scene;
2. Photograph and video of the crime scene;
3. Arrest of suspect/s if their identity is apparent; and,
4. Separate possible witness to get their individual accounts.
Further, whatever the situation in the crime scene might be, it must be noted that the paramount concern of
the investigating team should be the preservation of human life. Investigator or any of the investigating team
must be aware to know what task should be given priority in the conduct of investigation.
Case:
In some certain place name Barangay X, Mr. Y was found dead while his wife was on the stage of
dying. Beside Mr. X is an open vault suspected to contain money. On top of that, his wife was found naked. As
the first responder, what will be your first response to the following:
1. To Mr. X?
2. To his wife?
Learning Outcomes:
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:
Also, the investigating team must remember the Golden Rule of Investigation that “Nothing should be touch,
alter or remove unless everything is photograph, noted, measured and indicated in the sketch ”. They should
also take into consideration those transient evidence or fragile evidence. Transient evidence are those evidence
which when not collected at appropriate time may diminish or lost 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
Crime is unique with respect to one another which means that the search for an individual object
should be based on the physical characteristics of the scene in order to collect all possible evidence present in
the area. Therefore, investigating team should be careful in selecting the best method of search that will
correspond to the present crime scene.
Further, Method of Search is define 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 base 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
Spiral Method
Zone Method
After the search of an evidence, collection follows. However, any object/s found must be properly
marked, tagged, photographed, measured and indicated in the sketch before its actual collection. Marking of
evidence refers to the process of identifying and recognizing any objects in the crime scene by way of placing
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
officer. Collection of evidence refers to the actual gathering and lifting of evidence from the crime scene to the
custody of appropriate office.
In processing the crime scene, investigating team must consider the proper taking of photographs and
the making of sketch. Photographs should depict the actual scenario of the crime scene and portray the proper
placement of the individual evidence. Moreover, all individual evidence must be shown in the sketch with
precise measurement. All these procedure must be written in the investigator’s notebook. An investigator’s
notebook refers to the pad of paper such as work pad, tickler, or notepad and the like which his use to
remember the details regarding the commission of the crime and in any manner aids the investigator in
refreshing his memory to recall matters related to the case under investigation.
In taking of photograph, investigating team must consider the following angle/views to properly
appreciate the crime scene such as:
1. General View- these are taken outside of the crime scene purposely to show location, direction and the
place of crime incident;
Long range or overall photography is relative to whatever location is being photographed. At
exterior crime scenes, long range photographs must depict the overall scene (Figure 6). The
photographs must show all buildings, residences, vehicles, fields, wooded areas, streets and anything
else that will show the relationship of these items to each other and to the object of the photographs.
Long range photography should be started at the extreme outer perimeter of the crime scene and
depict a 360º view of the scene. As a general rule, begin approximately 100 feet beyond the farthest
piece of physical evidence and take the photographs from the North, South, East and West.
Depending on the type of crime, the majority of physical evidence is usually not visible in
these photographs. Long range photographs are very important because they show the scene as it
appeared when you arrived. Long range or overall photographs should also be taken from the center
of the scene looking back to the outer perimeter.
C D
E F
Figure 6. Photograph “A” documents the streets leading to and from the scene. Document the
scene and what is located on both sides of the scene, photographs “B”, “C” and “D”. Looking
outward from the center of the scene, document the outer perimeter, photographs “E” and “F”.
(http://ebook.eaglecsi.com/Lesson_08.htm)
2. Medium View- these shots are taken to show the different divisions of the crime scene as this view will
allow investigators to clearly see the nature of the crime committed.
Medium range photographs are photographs closer to the center of the scene and depict
more evidence than the long range photograph (Figure 7). Depending whether the scene is indoors or
outdoors, medium range photographs generally show the relationship of evidence to other evidence
and show less of the surrounding area. Medium range photographs normally do not show a lot of
detail, but they will show where the evidence is located within the scene.
Medium range photographs should be taken looking toward the center of the scene and also
looking outward, toward the perimeter. Photograph from a minimum of the four compass points –
North, South, East and West.
Evidence, no matter if it is round, square or rectangular, has four sides. Evidence must be
photographed from a minimum of four angles; North, South, East and West.
A B
C D
Figure 7. Medium range photographs are generally taken half way between the long range and
close-ups and show less of the surrounding area. Medium range photographs show more detail
then long range as seen in photographs “A” and “B”. Medium range photographs will also show
evidence relating to other evidence as depicted in photographs “C” and “D”.
3. Close-up View- these shots are done to individual evidence to show what constitutes the crime and
how it was committed.
The close-up photograph is a close-up of anything from bite marks, wounds, trauma,
fingerprints or any other type of physical evidence that shows detail (Figure 8). The camera must be
placed as close to the subject as possible, filling the camera lens and then focused properly. Unless
the photograph depicts the detail it is not a close-up.
Shell casings in leaves, broken window panes, blood spatter on the ground will be hard to
identify if the camera is not close enough and proper lighting used. Close-up photography can also
show evidence as it relates to other evidence in close proximity. With a scale in place, close-up
photographs can be used to show size. Photograph from a minimum of the four compass points;
North, South, East and West.
A B
C D
Figure 8. Close-up photographs show more detail as depicted in “A”, “B”, “C” & “D”.
Further, gradual shots of an individual evidence may be taken from a standard position in order to show the
relationship of one evidence to another or how individual evidence is close or far from one another. Technically,
this referred to as progressive photography which include shots taken in long- range, mid- range, and/or close
range distance.
The following guidelines also in line with taking photographs must be noted by the investigating team such
as:
1. Don’t forget to take overall photos of the scene which includes street signs, areas, street lights location
near the crime scene and any identifying objects;
2. Pictures of every room must be taken though they are not apparently connected to the crime scene;
3. Photograph must be taken from at least 2 opposite corners but 4 corners is better;
4. If possible, take photos from above or ceiling to avoid the possibility of missing any evidence, and,
5. Keep a photo log during crime scene processing.
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- this includes the basic information regarding the case such as the nature of the crime, the time
and date of crime incident, the location of the crime.
2. Measurement- this pertains to the dimension and the distance of the relative object to one another.
3. Essential items- these refers to the pieces of physical evidence found at the crime scene.
4. Legend- this refers to the use of words or numbers to represent an item in the crime scene.
5. Compass direction- refers to the north direction from which the sketch was drawn.
6. Scale of Proportion- is the representation of the sketch to the actual size of the scene.
In addition, the artist must also prepare a rough sketch and finished sketch. Rough Sketch is drawn by the
artist at the crime scene containing all the necessary details regarding the crime. Finished Sketch on the other
hand is drawn by the artist for court presentation and is commonly done in the office. Remember to keep the
rough sketch even after the preparation if the finished sketch.
Sketcher must take note 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- type of sketch drawn to show the relationship or order of the whole parts
4. Cross- projection sketch- a type of sketch wherein the ceiling and/or walls are flattened.
In drawing a crime scene, floor plan or birds eye view sketch is commonly use. However, in cases where
some evidence were place in the walls or ceiling (example: Dress thrown and hang on the ceiling fan) cross
projection sketch is better.
To aid the investigators in measuring individual evidence with respect to any other object/s in the crime
scene, the following methods should be considered and must be use base on the physical characteristics of the
crime scene:
1. Rectangular method- find fix post at a right angle to serve as the base.
2. Triangular method- find two fix points to the evidence that must be plotted or located.
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 cellphones 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. It must be noted that it is the primary responsibility of the investigator to preserve the
evidence until it will be transferred to the hands of the evidence custodian. Take note that evidence custodian is
the person who take charge the responsibility and control in handling and disposal of evidence.
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 in every crime investigation should be maintain 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.
As part of the procedure, all physical and/or seized evidence must be in the custody of the investigator
unless a laboratory examination is needed thereby he will transmit the evidence to the evidence custodian only
and must be placed in the evidence room for safekeeping. Safekeeping simply refers to the security or
protection of physical evidence.
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 marking of evidence for accurate identification; and,
3. Completing the evidence submission form for laboratory analysis.
For proper documentation, an evidence log should be maintain. 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 person who handle and possess whatever physical evidence are
transmitted.
Release of the crime scene is define 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 charge with the
responsibility and management of the place where the crime happened.
Analysis:
2. How do you simply assert and now that the person whom you will release the crime scene is a lawful
occupant or owner of the property?
Application:
1. What method of search is best applicable to the following areas? Explain briefly.
a. Bombing incident
b. Small room
3. What sketch is best applicable in suicide case wherein the person use a rope to tie his neck to the
roof? Explain briefly.
Brief Discussion:
Evaluation:
1. How will you know that the evidence found in crime scene must be preserved?
2. How do you assess the process enumerated in maintaining the integrity of chain of custody? Are you
sure that all evidence will be preserve from the crime scene up to court presentation?
Synthesis:
1. Draw a mini sketch of a case involving shooting incident. Take note to consider and include the
elements of sketch.
Unit III. Reconstructing the Crime
Learning Outcomes:
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 define as the scientific ability of
investigators to make useful observation of physical evidence in the crime scene through logical approach in
theorizing as to how the crime was committed. This also involves systematic methodology in incorporating all
available information gathered as well as the arrangement of physical evidence in the crime scene to provide a
rational, reasonable and acceptable explanation 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 crimes was committed, to wit:
1. Appreciation- is the process of recognizing potential physical evidence that has or may have evidential
value and separate it from those items which are not significant in the progress of investigation;
2. Comparison- is the process of comparing group of standards from the one collected in the crime scene
to establish its identity;
3. Individualization- this involves the process of establishing the uniqueness of the physical evidence
taken from the crime scene; and,
4. Reconstruction- is the final stage undertaken in order fully reconstruct the crime considering all related
factors such as crime scene evaluation, laboratory results, individuality of physical evidence and other
independent information from various resources to provide better understanding and explanation as to
how the crime was committed.
It must also be noted however, that crime scene reconstruction is different from crime scene re-enactment
and crime scene re- creation such that, crime scene re-enactment is the process of re-enacting and portraying
the crime incident base on their previous knowledge regarding the event by having a would- be offender, victim
or witness to play such role while crime scene re-creation is the process of substituting all necessary items or
actions at the crime scene through the use of what is documented or with the aid of investigators log.
One important means in order to aid the investigators in reconstructing the crime is through the
establishment of the perpetrator’s modus operandi. Modus operandi refers to the manner and methods
employed or use as well as the sequence various actions taken by the perpetrator in committing the crime. It is
otherwise known as the method of operation.
On the other hand, profiling of suspects can be very useful in determining the identity of possible
individual who may have committed the crime. Profiling is define as the psychological process of establishing
the characteristics of the most likely individual who might have committed the crime base on the evaluation of
the crime scene and the placement of physical evidence.
In identifying suspects, rogues gallery can also be very help. Rogues gallery refers to the compilations
of photographs of known criminals. If someone had witness or seen the suspects face, cartographic sketch can
be done. Cartographic sketch refers to the composite drawing of a suspects face done by an artist to assist
police investigators in establishing the identity of the person who might have committed the crime.
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 6. First Aid Kit
2. Marker 7. Graph paper and pencil
3. Evidence bag 8. Evidence tag
4. Evidence seal 9. Crime scene barricade
5. Measuring device 10. Protective box for basic paraphernalia
3. How does rogues gallery aids in establishing the modus operandi of criminals and/or criminal
syndicate?
4. How can an artist create an approximately accurate sketch of the suspects face?
1. A statement made by a person who is under the impending death in which such declaration is related
to the facts in which the person is competent to testify is known as ________.
a. Dying declaration b. hearsay c. true statement d. oral statement
2. Refers to the place where crime took place and where physical evidence can be found.
a. Pattern area b. crime pattern c. crime scene d. bed scene
3. These evidence may diminish or lost its value when not collected at appropriate time.
a. Cumulative evidence b. transient evidence c. fragile evidence d. corroborative
4. What method of search is best applicable in crime scene covering a wider range?
a. Zone method b. wheel method c. spiral method d. strip method
5. Refers to the actual gathering and lifting of evidence from the crime scene to the custody of
appropriate office.
a. Marking of evidence b. Tagging of Evidence c. Collation of evidence d. Collection of
evidence
6. A sketch drawn by the artist for court presentation and is commonly done in the office is known as
____.
a. Rough sketch b. outline sketch c. finished sketch d. punished sketch
7. The person who take charge the responsibility and control in handling and disposal of evidence is
called-
a. Chief custodian b. evidence custody c. evidence collector d. evidence
custodian
8. 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 is
known as ____.
a. Chain of custody b. evidence custody c. evidence custodian d. chain of evidence
9. This is the process of comparing group of standards from the one collected in the crime scene to
establish its identity.
a. Appreciation b. evaluation c. comparison d. identification
10. Define as the psychological process of establishing the characteristics of the most likely individual who
might have committed the crime base on the evaluation of the crime scene and the placement of
physical evidence.
a. Profile b. Profiling c. comparison d. identification
B. Actual Demonstration- Group yourselves into 10 members and perform crime scene investigation.
Have homicide investigation for uniformity. Perform the basic crime scene processing such as
photographing, sketching, searching, marking, tagging and collection of evidence. List down here all
the necessary procedures that you will take as your guide.