Republic of the Philippines
CAVITESTATEUNIVERSITY
Bacoor City Campus
SHIV, MolinoVI, City of Bacoor
(046)476-5029
cvsubacoor@cvsu.edu.ph
DEPARTMENT OF CRIMINOLOGY
INTRODUCTION TO CRMINAL INVESTIGATION AND
INTELLIGENCE
Introduction
A. INVESTIGATION: DEFINITION
INVESTIGATION- this refers to the process of carrying out a detailed
examination or inquiry usually in official manner, to discover
something or somebody.
The term came from the Latin word INVESTIGARE (vestigare in
some books) which means “to track or to look into traces”.
Fundamentally, it may have been derived from VESTIGIUM, another
Latin word which means footprint. (Ms Encarta Reference Library,
2009)
Criminal Investigation came from the Latin term Investigat, which
means “to inquire or to discover” during the 5th century (Microsoft®
Encarta® 2008. © 1993-2007 Microsoft Corporation).
B. CRIMINAL INVESTIGATION: DEFINED
CRIMINAL INVESTIGATION is a logical process of collection and
analysis of facts about persons, things and places relative to a crime.
It includes:
(a) Identification of the guilty party
(b) The location of the whereabouts of the guilty party, and
(c) Providing admissible evidence to establish the guilt of the
parties involved in the crime.
AS AN ART because it is governed by rigid rules or fixed legal
procedures but most often based on intuition (logic and tested
knowledge, immediate learning/consciousness) and sometimes by
chance.
AS A SCIENCE because it involves the application of
knowledge of forensic sciences in the process of identifying, locating,
collecting, processing, and/or evaluating physical evidences
(Manwong, 2004)
AS A PROCESS: it involves systematic process of identifying,
collecting, preserving, and evaluating data or raw facts to produce
valuable information for the purpose of bringing a criminal offender to
justice.
C. KINDS OF CRIMINAL INVESTIGATION:
Generally speaking, there are only two kinds of criminal investigation:
1. Investigation while the suspect is under arrest and detention;
and
2. Investigation while the suspect is “at large”. It means that the
suspect is not under arrest or detention, as distinguished from
fugitive from justice.
D. THE FOUR PHASES OF CRIMINAL INVESTIGATION
1. The identification of criminal.
2. The criminal is traced, located and arrested.
3. The facts or evidence to prove the guilt of the
accused are gathered.
4. Pieces of evidence are presented in court.
E. GOALS OF CRIMINAL INVESTIGATION
Generally, the goals of criminal investigation are
the following:
1. To determine whether a crime has been
committed;
2. To legally obtain information or evidence;
3. To identify persons involved in the crime;
4. To arrest suspects ;
5. To recover stolen properties;
6. To present the best possible case to the
prosecutor.
F. COMPONENTS OF CRIMINAL INVESTIGATION
1. PATTERN Refers to a series of similarities that
may link particular cases or indicate that the same
person is committing a series of crimes.
2. LEADS These are clues or pieces of information
that aid in the progress of an investigation.
3. TIPS Specifically refer to leads provided by the
citizens that aid in the progress of an investigation.
4. THEORIES Beliefs regarding the based on the
evidence, patterns, leads, tips and other information
developed and uncover in the case.
G. TRICHOTOMY OF CRIMINAL INVESTIGATION
1. Training Being a critical factor in developing good
and competent investigator, is the key to freedom
from bandage of ignorance.
2. Tools To establish facts and develop evidence, a
criminal investigator must use these tools-
information, interview, interrogation, and
instrumentation.
3. Technique Essence of tactical strategy in
investigation.
H. ROLES OF AN INVESTIGATOR
1. Determine whether a crime has been committed
2. Identify the victim/s and the offender
3. Locate and apprehend the accused
4. Present evidence of guilt for the suspect/s
5. Assist in case follow-up
I. IMPORTANCE OF CRIMINAL INVESTIGATION
1. The problem on crimes and criminals should be
carefully studied and provided with solutions.
2. It helps the five pillars of the Criminal Justice
system in recognizing and identifying criminal
and provides clues or information in promoting
social justice.
3. An aid in enforcing the laws and the protection of
lives and properties.

J. THE CRIMINAL INVESTIGATOR
The criminal investigator is the superstar in the process of
investigation. He must be capable of observation and a rational
thinker. Many times, a police investigator is being tested with his
discretion. Discretion is the wise use of one’s own judgment. He
should therefore possess various qualifications, to name some, they
are the following:
1. Perseverance = Refers to the steadfastness, persistence
and resolution to bring the desired conclusion in spite of
obstacles connected with criminal investigation.
2. Endurance = This is the ability to last physically and
mentally hence, he must have the extraordinary physical
and mental energy, enduring sleepless nights and tiresome
days.
3. Incorruptible Honesty and Integrity = In the practice of his
art , there is the ever temptations of money, women and
drinks where these are present in every corner playing tricks
of temptations.
4. The intelligence and Wisdom of Solomon = This is very
important in order that the investigator could easily decipher
falsehood from truth and separate the gain from the chaff.
5. Acting Activity = It is the ability to go down to the level of
the minor, the prostitute or the slum dwellers, or the level of
the other professionals or the members of the elite.
6. Mastery of the Oral and Written Communication in order
that he will not suffer setback in getting the accurate facts
especially in the preparation of reports and or transmittal of
information.
7. The Keen Power of Observation and Description =
These are very important in crime scene investigation and in
interview and interrogation.
8. Courage = It is the moral fortitude to tell the truth no matter
who will be hurt.
9. Working Knowledge of Criminal Law, Evidence, Criminal
Procedure, and Penal Special Laws.
10. The power to “read between the lines.” This is the ability
of the investigator to interpret the words or phrases
encountered in the process of investigation in their deeper
meaning inorder to arrive with concrete meaning of a certain
statement.
11. Working knowledge of martial arts and
firearmsproficiency = He will find himself in many
occasions that he will be alone in confronting, arresting,
bringing to headquarters and interrogating the suspect.
DESIRABLE TRAITS OF THE INVESTIGATOR
1. SUPERIOR REASONING ABILITY
The ability to analyze logically a multitude of facts and
determine how they interrelate is basic to the investigative process.
This is related to CRITICAL THINKING. This method of
reasoning challenges one to adopt an attitude of fair mindedness,
intellectual caution and an openness to questions common or
assumed beliefs. Critical thinkers will find supportable reasons to
accept or reject an assumption and are never hesitant to seek an
explanation of the “why” of an event.
ELEMENTS FROM THE FOUNDATION OF THE CRITICAL
THINKING PROCESS:
a.Differentiating between fact and opinion.
b.Determining cause-and-effect relationships
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c.Determining the accuracy and completeness of
information presented.
d.Recognizing logical fallacies and faulty reasoning.
e. Developing inferential skills through deductive or
inductive reasoning
• A FACT is a statement or observation that can be
verified by other verifiable points of information, whereas
an OPINION is merely one’s impression or personal belief.
Factual data will generally guide the course and direction
of the case, whereas opinions serve only as secondary,
less valuable functions.
• CAUSE-AND-EFFECT thinking often serves as a
directional purpose during the investigative process, as
one or more facts generate further related factual insights.
• FAULTY REASONING often centers on generalization,
stereotyping, oversimplifying, or incorrect assumptions
• DEDUCTIVE REASONING forms a general conclusion
prior to having a complete explanation based on facts.
With the deductive conclusion in mind, the investigator
considers the emerging evidence, contrasting it with the
conclusion to determine its validity. An INDUCTIVE
REASONING is based on the results of further
investigation and evidence gathering.
2. IMAGINATION AND CURIOSITY
IMAGINATION means forming mental images of
what is not present, or creating new ideas by combining
previous experiences – is indispensable in the many
investigations that are not complete.
CURIOSITY is the desire to learn by being
inquisitive (the eagerness of the investigator to know
more about the crime).
3. INTUITION
This is the immediate apprehension or cognition
– quick and ready insight without the conscious use of
reasoning. It has been pointed out that many police
investigators have a “sixth sense” resulting in hunches
that those outside the profession rarely perceive. This is
often the result of experience and training.
4. OBSERVATIONAL ABILITY
The act of observing is a noting and recording of
facts. Under most circumstances, the investigator will use
the sense of seeing and hearing, the former being the
more significant.
5. ORGANIZATIONAL ABILITY
Like the successful business executive, the
police investigator is continually processing various types
of information. Written information, verbal information,
current case assignments, and follow-ups of past
investigation all require an ability to organize. The
investigating officer is receiving and processing formal
reports from a multitude of sources. This demands an
orderly method of information retention that will result in
the availability of records and facts when needed.
6. LEGAL KNOWLEDGE
Today’s investigator must possess a solid
grounding in criminal and to a lesser degree, in civil law.
The office must be able to distinguish between a criminal
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violation and a civil violation in order to determine appropriate action.  Reactive Investigation It is initiated on the
basis of a complaint filed by the victim or any
7. CULTURAL UNDERSTANDING AND A WIDE RANGE OF concerned citizen.
INTEREST
An awareness and understanding of cultures different from 3 CATEGORIES OF REACTIVE INVESTIGATION
the investigator’s own can be of great advantage. Such insight can A. walk-through
assist appreciably in information gathering, interviewing, informant This is the type of investigation on a case wherein
recruiting, and many other tasks commonly encountered during the suspect is easily determined and located
criminal investigation. Because specific behaviors and traits are and the detective must only observe the legal
unique to various groups, development of an awareness of cultural guidelines to reach a solution.
diversity can provide the investigator with new insights. B. where-are-they
The appropriate type of investigation to use in the
8. PERSISTENCE case wherein the suspect has been tentatively
Continuing in the face of opposition, or refusing to give up identified but has not been located. The case may
when faced with an adverse situation. To persist until all available have simple solution or it involves complex
facts of an investigation are known and until satisfied that further mystery.
effort will be unproductive is the working definition of persistence for C. whodunit
the investigator. This is a case in which no suspects are initially
identified. Majority crimes reported to the police
K. FORMS OF INVESTIGATION under this category are rarely solved.

6 MAJOR TYPES:  Proactive Investigation Investigations

1. Formal Investigation conducted by the police based on their own
- Refers to official inquiry conducted by a government agency in initiative. These are designed to catch a criminal
an effort to uncover facts and determine the truth. in the act of committing a crime, rather than
- It is usually considered as some form of inquiry concerning of waiting until a crime is reported by a concerned
criminal activity. citizen.
 Decoy operations
2. Inquest Are of blending and decoy types. In
- It is an effort to search the basic cause of an incident such as the blending type, officers dressed in civilian clothes
commission of a crime. try to blend into an area to catch criminals in
flagrante delicto.
3. Inquisition  Undercover operations
- A more historical description than a current usage to describe Usually in the form of buy-bust and
any penetrating investigation concerning a religious issue. entrapment.
 Buy-bust operationis commonly
4. Probe used in catching drug-traffickers
- Similar to formal investigation, is an extensive, searching inquiry whereby an undercover officer usually
conducted by a government agency. pose as buyers of illegal drugs.
 Entrapment on the other hand
5. Research involves duping someone who has
- It is the most employed type of investigation refers to the careful, intentions to commit a crime to
patient investigations done by scientist or scholars in their efforts execute their plan but upon
to identify original sources of data or causes of problem. consummating the crime, they are
arrested right there and then.
6. Investigative Reporting
- Relatively speaking, is a recent type of investigation pursued by 3. OVERT INVESTIGATION vs COVERT
the members of the press on their own initiative. It is designed to INVESTIGATIOn
satisfy two purposes.  Overt Investigation Is conducted openly.
 To attract readers/viewers  Covert Investigation It is conducted in secret.
 To get to the roots of the problem
II. HISTORY, PERSONALITIES, and RELATED LAWS
L. CATEGORIES OF CRIMINAL INVESTIGATION ACCORDING OF CRIMINAL INVESTIGATION
TO JOHN DEMPSEY
A. HISTORICAL BACKGROUND
1. Criminal Investigation vs Non-Criminal Investigation  2100 B. C. BABYLON: as civilization developed,
 Criminal Investigation Usually carried out by the police social and cultural traditions were codified into formal
with the goal of prosecuting the person responsible for the laws. The Codeof Hammurabi was then
commission of a crime. implemented to detect those who refused to obey
 Non-Criminal Investigation Involves on non-criminal the law. It imposes the Lex Taliones principle.
incidents or events.
 5th CENTURY B.C., ROME: Rome created the first
2. Reactive Investigation vs Proactive Investigation specialized investigative unit. It was named as
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 QUESTORS/TRACKERS/MURDERERS due to their cruel
treatment to suspects in investigating crimes.
 6th CENTURY B.C. ATHENS: Unpaid magistrates (judges),
were appointed by the citizens to make decisions for the cases
presented to them.
 9th CENTURY. ENGLAND: King Alfred the Great established a
system of “mutual pledge” (social Control), which organized for
the security of the country into several levels;
 AT ABOUT THE TIME OF CHRIST, ROME: The Roman
Emperor Augustus picked out special, highly qualified members
of the military to form the Praetorian Guard, the Praefectus Urbi
and the Vigiles of Rome.
 1285 A.D., ENGLAND: THE STATUTE OF WINCHESTER was
enacted establishing a rudimentary criminal justice system in
which most of the responsibility for law enforcement remained
with the people themselves.
 1720’s, ENGLAND: JONATHAN WILD – He was a buckle
maker and a brothel operator; a master criminal who became
the London’s most effective criminal investigator.
 1750s, ENGLAND: HENRY FIELDING – An English man who
wrote a novel entitled “TOM JONES” and was appointed as
magistrate (sheriff) for the areas of Westminster and Middle Age,
London. He was the creator of the Bow Street Runners.
 1753, ENGLAND: JOHN FIELDING – The younger brother of
Henry Fielding who took over the control of Bow Street Court in
1753. Despite of his closed vision (blind), he guided the runners,
they became quite effective.
 1800, LONDON: PATRICK COLQUHOUN – A prominent
London President who proposed the unique idea of creating
sizeable uniformed force to police the city of London in order to
remedy the public outcry concerning the increase of criminality
during the early 1800s.
 EARLY 18TH CENTURY, ENGLAND: The first body of public-
order officers to be named police in England was the Marine
Police, a force established in 1798 to protect merchandise in the
port of London.
 1811, FRANCE: EUGENE “FRANCOIS” VIDOCQ - established
a squad of ex-convicts to aid the Paris Police in investigating
crimes. He worked under the theory of “Set a thief to catch a
thief.”
 He introduced the concept of “Trade Protection Society,”
which became the forerunner of our present-day credit card
system.
 He is credited, as the founder of La Surete, France’s National
Detective Organization.
 1829, LONDON: ROBERT PEEL – The founder and chief
organizer of London Metropolitan Police. He introduced the
techniques in detecting crimes such as detectives concealing
themselves, and secretly photographing and recording
conversations.
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 1833, ENGLAND: London Metropolitan Police
employed the first undercover officer.
 1835, TEXAS RANGERS was organized as the first
law enforcement agency with statewide investigative
authority. This is the forerunner of the Federal
Bureau of Investigation (FBI).
 1839, BIRTH YEAR OF PHOTOGRAPHY:
WILLIAM HENRY FOX TALBOT explained a
photographic process he had invented to the Royal
Society of London.
 (1847-1915), DR. HANS GROSS – The earliest
advocate of criminal investigation as a science.
 1852, U.S.A: CHARLES DICKENS is a great
novelist in which through his story entitled bleak
house, he introduced the term detective to the
English language (Adams & Taylor, 1995).
 1852, U.S.A: ALLAN PINKERTON was the
America’s foremost private detective. This individual
truly deserves the title of “America’s Founder of
Criminal Investigation.” Among methods pioneered
were “shadowing,” the art of suspects surveillance,
“roping,” working in undercover capacity, they have
the motto, “We never sleep.”
 1856, U.S.A: KATE WAYNE: The first woman
detective in the history of criminal investigation. She
was hired by the Pinkerton Agency and contributed
to the resolutions of big cases of the United States of
America.
 1866, U.S.A: THOMAS BYRNES - He is an
unusually keen-minded individual who trained his
detectives in recognizing individual criminal
techniques. He founded the criminal “modus
operandi,” or method/mode of operation.
 1866, LIBERTY, MISSOURI, USA: THE JESSIE
JAMES GANG made the first hold-up which marks
the beginning of the gang’s 15 year hold-up and
robbery spree (12 bank hold-ups and 12 train stage
coach robberies in 11 states). Clay County Savings
Association was their first victim and their take was
$60,000.00.
 1877, ENGLAND: HOWARD VINCENT – He
headed the newly organized Criminal Investigation
Department in Scotland Yard.
 1882, FRANCE: ALPHONSE BERTILLON – A
French Police Clerk who introduced and established
the first systematic identification system based on
the Anthropological Signalment (Anthropometry). He
is considered as the founder of Criminal
Investigation.
 1887, DR. ARTHUR CONAN DOYLE – He
popularized the scientific Criminal Investigation by
creating the fictional detective Sherlock Holmes and
his friend Watson.
4

 1892, ENGLAND: FRANCIS GALTON – An English man who
published his study on classifying fingerprints and recognized
the uniqueness of the fingerprints to be used as evidence
against a suspect
 1909-1924 JOHN EDGAR HOOVER – He became the head of
the Federal Bureau of Investigation, which was established by
the attorney general from 1909 to 1924.
 1913, PHILIPPINES - The genesis of Criminal Investigation in
the Manila Police Department, presently the Western Police
District took place.
 1918, ENGLAND, a new concept was introduced in the field of
Criminal Investigation. This is known as “Team Policing.”
 1954, USA: DR. PAUL KIRK – The best known Criminalist who
headed the Department of Criminalistics at the University of
California, USA.
 1966, USA: MIRANDA Vs ARIZONA – The US Supreme Court
established procedural guidelines for taking criminal confessions.
The case is the origin of the present Miranda rights of every
accused under the custody of police.
B. RELEVANT LAWS/ PROVISIONS APPLICABLE IN CRIMINAL
INVESTIGATION
 ACT No. 175 = The law that establishes the Insular Police Force
which was entitled “An Act Providing For The Organization And
Government of an Insular Constabulary.” It is the organic act
creating the Philippine Constabulary (PC). Approved July 18,
1901.
 ACT No. 225 = This is the law which established the Philippine
Constabulary. Approved October 3, 1901.
 REVISED ADMINISTRATIVE CODE OF 1917, SECTION 825 =
The Law stated that the Philippine Constabulary is a national
Police Institution for preserving the peace, keeping the order
and enforcing the law.
 RA No. 4864 = The law otherwise known as the Police Act of
1966, It created the Office of the Police Commission (now
National Police Commission). It was under the Office of the
President and was created as the supervisory agency to
oversee the training and professionalization of the local Police
forces.
 Proclamation No. 1081 = was the date of declaration of Martial
Law in the country by the former president of the Philippines
Ferdinand E. Marcos on September 21, 1972. Consequently,
military officers from the Philippine Constabulary (PC) were
designated as Officers-in-Charge of the respective police
department of the different cities and municipalities and took
control of the supervision, administration and operation thereof.
Those were the days where a young first lieutenant of the PC
requires a peace officer with a higher rank including the chief of
police to salute him.
 PD No. 421= This is the law that integrates the police force in
greater scope in Manila area to test its effectiveness particularly
the first four cities: Manila, Quezon, Caloocan and Pasay. It was
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Mayor Arsenio Lacson who proposed the idea that
police should be integrated.
 PD No. 482 = The law that integrates the police
force in the provincial level particularly the provinces
of Pampanga, Nueva Ecija, Bulacan, and Misamis
Oriental. This was approved June 13, 1974.
 PD No. 765 = The law which stipulated that the
office of the National Police Commission was under
the office of the Ministry of the National Defense
(now Department of National Defense). Approved
August 8, 1975.
 RA No. 6975 = The law otherwise known as the
Department of Interior and Local Government (DILG)
Act of 1990. This is the law that created the PNP and
subsequently dissolving the PC whose officers and
rank and file were given the privilege either to join
the AFP or the PNP within the period as provided
therein.
 RA No. 8551 = This law is known as The PNP
Reform and Reorganization Act of 1998 which is at
present is the operational law that governs over the
PNP. This was approved February 25, 1998.
 1987 PHIL CONSTITUTION, Art 3, Sec. 12(1) =
“Any person under investigation for the commission
of an offense shall have the right to be informed of
his right to remain silent and to have a competent
and independent counsel preferably of his choice. If
the person cannot afford the services of a counsel,
he must be provided with one. These rights cannot
be waived EXCEPT in writing, signed and in the
presence of a counsel.”
 1987 PHIL CONSTITUTION, Art 16, Sec 6 = “The
state established and maintained one police force,
which shall be National in Scope and Civilian in
Character, to be administered and controlled by the
National Police Commission. The authority of the
local executives over the police shall be provided by
law.”
 RA No. 7438 = An act defining certain rights of
person arrested, detained or under custodial
investigation as well as the duties of the arresting,
detaining, and investigation officers and providing
penalties for violation thereof.
III.THE CARDINAL POINTS OF INVESTIGATION
A. BASIC STEPS IN CRIME SCENE INVESTIGATION
1. RECOGNITION- involves the efforts of identifying
data, including physical things that may provide
relevant information regarding the criminal case
being investigated.
2. COLLECTION- refers to the act of gathering those
identified data or facts, or physical things that are
significant to the case under investigation.
3. PRESERVATION- includes act of keeping the
collected evidences in their true and original for,
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 preventing contamination or destruction of its substantive value.
4. EVALUATION- the process of determining the probative
value of the evidence.
5. PRESENTATION- It is the function that is primarily
manifested inside the courtroom.
B. STARTING POINTS OF CRIMINAL INVESTIGATION
1. STATE THE PROBLEM
2. FORM HYPOTHESES
3. OBSERVE AND EXPIREMENT
4. INTERPRET DATA
5. DRAW CONCLUSIONS
C. THE SIX (6) CARDINAL POINTS OF INVESTIGATION
1. WHO QUESTIONS: These are questions used to inquire on the
identity of the victims or offended party, name of suspect,
accomplices, accessories and witnesses of the crime.
2. WHAT QUESTIONS: The purpose of these types of questions is
to find out what happened or what took place before, during and
immediately after the commission of the offense.
3. WHERE QUESTIONS: These are questions that localize the
place of the incident- the city or town, the district or barangay,
the street or road, the number of the house or building. Where
questions are necessary in specifically pinpointing the particular
location of the crime scene.
4. WHEN QUESTIONS: These are questions needed to determine
and fix the time, day, month and year when the crime was
committed. When questions should be specified and as accurate
as possible.
5. WHY QUESTIONS: These are questions that endeavor to
ascertain the motives, causes, antecedents, previous, incidents,
related facts, background occurrences that might help explain
the commission of the offense.
6. HOW QUESTIONS: These are designed to help the investigator
determine how the crime was committed, the means/tools are
employed, the crime was discovered, and the culprit enters the
building/room.
D. THE GOLDEN RULE IN CRIMINAL INVESTIGATION
The golden rule states “Do not touch, alter, move, or
transfer any object at the crime scene unless it is properly
marked, measured, sketched and/or photographed.”
The purpose of this rule is to avoid the mutilation, alteration and
contamination (MAC) of the physical evidences found at the crime
scene.
IV. THE THREE (3) I’s OF INVESTIGATION
In criminal investigation, we have the so-called three tools or
sometimes called as the I’s of criminal investigation to include:
Information, Interview and Interrogation and Instrumentation.
1. INFORMATION = It is the knowledge or facts which the
investigator had gathered or acquired from persons or
documents, which are pertinent or relevant concerning the
commission of the crime or criminal activities.
INFORMATION CLASSIFIED AS TO ITS SOURCES:
a) Regular Sources - Records, files from the government
or non-government agencies, news items. The bulk of
application of this nature is news items. Included also is
news or TV broadcast, intercepted radio, telephone
messages and stored computer area.
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b) Cultivated Sources - Information furnished
by informants or informers.
c) Grapevines sources - When the information
is disclosed by the underworld characters
such as prisoners or ex-convicts.
2. INTERVIEW AND INTERROGATION - Interview and
interrogation are similar with each other, in the sense that,
they are both ways of obtaining information from a certain
suspect or person that has knowledge on a crime.
Interview is the simple questioning of a person
who cooperates with the investigator. In account of the
interview, the witnesses voluntarily give their accounts
about the commission of a crime.
Interrogation is the process of obtaining an
admission or confession from those suspects who
committed the crime. It is confrontational in nature, which
means that the suspect is confronted about his
participation in the commission in an offense.
A suspect is a person whose guilt is considered on
reasonable ground to be a practical possibility.
A witness is a person other than the suspect, who is
requested to give information concerning the incident.
Awitness, in its legal meaning is a person who is capable
of perceiving and can perceive his idea to others.
Goals of interrogation:
a) To find out the truth about the crime.
b) To obtain an admission or confession of guilt
from the suspect.
c) To gain all facts in order to determine the method
of operation or modus operandi; and
d) To collect information that guides investigators to
arrive at a logical conclusion.
2. INSTRUMENTATION (sometimes called
Criminalistics) - It is the process of applying
instruments or tools of the police sciences in criminal
investigation and detection. This is the use of the
Police Laboratory in the examination of physical
evidences.
V. CRIMINAL INTERVIEW
A. What is Interview?
Interview is the simple questioning of a person believed
to possess information, which are relevant to the
investigation of a crime or on criminal activities.
B. Cognitive Interview is a form or technique in the
conduct of interview upon willing and cooperative
witnesses, where they are given the full opportunity to
narrate their accounts without intervention, interruption
and interference from the interviewer.
C. Question and Answer style of interview are also
practiced by some investigators whereby after each
question by the investigator, the interviewee is required to
answer on what he knows about what is being asked.
D. THE GOLDEN RULE IN INTERVIEW
“Never conduct or let anyone conduct an interview if
the interviewer has not gone to the crime scene.”
E. QUALITIES OF A GOOD INTERVIEWER
1. Rapport
2. Forceful Personality
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 3. Knowledge of Human Behavior
4. Conversational Tone of Voice
5. Acting Qualities
6. Humility
INTEVIEW FORMAT (IRONIC)
1. IDENTITY
a. The investigator should identify himself to the witness by name,
rank and agency.
b. he should try to size up the interviewee and reach a tentative
conclusion about this type then use the best interview approach.
2. RAPPORT
The investigator must establish good inter-personal relationship with
the witness.
3. OPENING STATEMENT
The investigator must explain why the witness is being contacted.
4. NARRATION
-Allowing the witness to present in a narrative form without injecting
questions. This will allow the continuity and clearness; range of
interview is broadened; and it helps the interviewee recall and relate
event in their proper order.
a. The interviewer should keep to the point at issue and
should not wander too far from it.
b. The interviewer should be alert fro hearsay information so
he can question the interviewee on the matter later.
c. Do not interrupt a trend of ideas by abruptly asking a
question. However, you may guide the interviewee with innocuous
questions such as, “and then what did you do?
5. INQUIRY
-After the witness has told the story, the investigator can make
clarifying inquiries.
a. Dominate the interview. Be careful not to allow the
interviewee to be the one asking the question.
b. Do not ramble. Have a reason for every question asked.
c. Follow the order of time and bring out the facts in that
order. This technique is called “chronological questioning”
and is considered the easiest as people tend to think in
terms of what happened first, second, then so on.. The
interviewer should go step by step in learning all the details
concerning the planning and commission of the crime and
what happened after it was committed.
d. Exhaust each topic before moving on to the next.
e. Determine the basis for each material statement. It might
be hearsay.
f. Keep your questions simple and understandable.
g. The dangers of leading and misleading questions should
be borne in mind. A question which suggests to the witness
the answer which the interviewer desires is a LEADING
QUESTION. Questions which assume material facts that
have not been proven are MISLEADING QUESTIONS.
h. Wait for the answer to one question before asking a
second question.
i. Ask important questions in the same tone of voice as
unimportant ones.
j. As a rule, avoid tricking or bluffing questions.
k. Where it is necessary to inquire into the past history of the
interviewee involving something unpleasant, it is wise to use
introductory remarks deploring the need for the question and
CaviteStateUniversity-Bacoor City Campus
saying that it is one of the unpleasant but
necessary duties of the officer.
6. CONCLUSION -The interview should be concluded
when the witness has nothing pertinent to offer.
a. Before closing the interview, the law enforcer should
make a mental check of the purpose of the interview and
should analyze what he has learned, then decide whether
he has attained his objectives. He should be guided in
this respect by the 5 W’s and 1 H.
b. The interviewee should always leave the door open for
re-interview.
F. REASONS WHY WITNESSES REFUSE TO TALK OR
TESTIFY
1. Fear of Reprisal
2. Great Inconvenience
3. Hatred Against the Police
4. Bias of the Witness
5. Avoidance of Publicity
6. Family Restriction
G. STAGES OF HANDLING THE INTERVIEW
1. Preparation – The investigator should review
the facts at the crime scene and information
from other sources in order that he would be
ready for the questioning.
2. Approach – The investigator must carefully
select his kind of approach, which maybe a
single kind, a combination of two or the
application of all techniques.
3. Warming Up – This is done by preliminary or
exploratory questions to clear the atmosphere,
promote a conducive ground for cordiality,
respect and trust for each other.
4. Cognitive Interview
H. RULES IN QUESTIONING A PERSON INVOLVED IN
A CRIME
1. Ask Question at a Time
2. Avoid Implied Answers
3. Questions should be clearly stated
4. Saving Faces
5. Yes and No Answers are not Allowed
I. TYPES OF WITNESSES ACCORDING TO THEIR
ATTITUDE
1. Know-nothing Type – These are the reluctant
type of witnesses. They are found among the
uneducated and of low level of intelligence.
2. Disinterested Type – This is the uncooperative
and indifferent subject. To deal with them is to
find out their field of interest so that they will talk.
3. The Drunken Type – The style of questioning
by the investigator should be adapted to the
psychology of the subject.
4. Talkative Type – These are witnesses who are
prone to exaggerate, adding irrelevant or new
matters to their narration.
7
 5. Honest Witnesses – These are the truthful and cooperative
witnesses where the investigator could rely upon, with little
or no problem in handling them.
truth of these statements is obvious.
6. Deceitful Witness – These are the liar type of witnesses.
7. Timid Witnesses – They are the shy witnesses. The
approach must be friendly and reassuring confidentiality of
their information.
8. Witnesseswho refuse to answer– These are the most
difficult subjects to deal with. Find out the reasons of their
personality.
INTELLIGENCE IN GENERAL
FOUR AXIOMS OF INTELLIGENCE
Axioms are facts that require no proof because
A. Axiom 1 - intelligence is a command
responsibility.
B. Axiom 2 - intelligence is essential to all types
of operations.
C. Axiom 3 - intelligence of the government
must be superior to that of the enemy.
D. Axiom 4 - intelligence is crucial to internal
security. (It can provide warnings of threat
activities, detailed knowledge of
organizations, personnel, and plans actions.

- Intelligence is the knowledge of events as basis for

policy/ action decision. FOUR (4) “I”S OF INTELLIGENCE
- It is processed information.
- the end product resulting from the collection, evaluation, 1. Interest – a feeling of attraction
analysis, integration, and interpretation of all available 2. Integrity – honestly completeness
information which may have immediate significance to 3. Ingenuity – original truth
the development and execution of plans, police and 4. Intelligence – capacity to know what
programs of the end-users. is right or what is wrong.
Definitions of Intelligence:

a. According to the Dictionary – Webster defines intelligence as:
(1) Capacity for understanding and for other forms of adaptive
intellect of behavior; the mind in operation.
(2) The power of meeting any situation, especially a novel
situation, successfully by power behavior adjustments; the
ability to apprehend the interrelationship of presented facts
in such a way as to guide action a goal.
(3) Knowledge of an event, circumstances, etc., received o
imparted the gathering or distribution of information; the staff
of persons engaged in obtaining such information.
b. According to psychology
“Intelligence is the capacity of a person to adjust to new
situation, successfully through the use of what has been
previously learned.”
c. According to the dictionary of military term for joint used by
the United States and its allies
“The product resulting from the collection, evaluation,
analysis, integration, and interpretation of all available
information which concerns one or more aspects of foreign
nations or areas of operations and which is immediately or
potentially significant to planning.”
BASIC PINCIPLES OF INTELLIGENCE OPERATIONS:
(1) Intelligence is continuous
(2) Intelligence and operations are interdependent
(3) Intelligence must be useful
(4) Intelligence must be timely
(5) Intelligence operations must be flexible
(6) Intelligence operations require imagination and foresight
(7) Intelligence must fit the needs of the commander
(8) Intelligence requires careful and thorough planning
(9) Intelligence requires constant safety measures
BROAD CATEGORIES OF INTELLIGENCE
1. National intelligence
 Refers to the knowledge formed with the
integration of the intelligence developed by
different government agencies and
considered essential in the formulation of
national intelligence policy and promotion of
national security.
 Integrated products of intelligence
development by all government agencies
concerning national policy and national
security.
a) National security – relates the
protection and preservation of military,
economic, and productive strength of the
country.
b) National policy – specific courses of
action to achieve national objective.
2. Departmental Intelligence
 Refers to the knowledge required by the
department or agency of the government in
order to execute its mission and discharge its
responsibilities.
3. Military Intelligence
 Refers to the knowledge required by the
military institution essential in the preparation
and execution of military plans, policies, and
programs.
4. Police Intelligence
 Refers to the knowledge necessary in the
preparation and execution of police plans,
policies, and programs.
NOTE: The deviation between military and police
intelligence is more on the approach rather than
principle. The fundamental intelligence cycle is still

CaviteStateUniversity-Bacoor City Campus 8

 the same, be that used in police or military intelligence.
THREE (3) BROAD
INTELLIGENCE
TYPES OF POLICE INTELLIGENCE
A) STRATEGIC INTELLIGENCE – knowledge
1) Strategic Intelligence – Intelligence information which is
primarily long-range in nature with little or no immediate
practical value.
2) Counter-Intelligence – It deals with defending of the
organization against its criminal enemies. (Defensive Effort)
3) Line Intelligence – The type of intelligence which is of an
immediate nature and necessary for more effective police
planning and operation. (Offensive Effort)
FIELDS OF INTEREST OF POLICE INTELLIGENCE
1. Tactical Intelligence - refers to the knowledge that
contributes directly to the accomplishment of specific
objectives of immediate concern such as raid, arrest,
investigation, patrol, counter-insurgency operation, anti-
terrorist activity, crisis management, and disaster, relief and
rehabilitation activity.
2. Counterintelligence - refers to the knowledge essential in
the formation, preparation, and execution of plans, policies,
and programs geared toward the neutralization of activities
that have adverse implications to the best of police
organization. It involves the observance of security measures
meant to protect police installations, equipment, and vital
information from sabotage, pilferage, and unauthorized
disclosure. It also includes the application of efforts to ensure
a desirable state of internal discipline and decorum among
police personnel and the attainment of a harmonious
relationship with the community.
3. Strategic intelligence - refers to the knowledge that deals
with the wide and far-reaching issues on public safety, law
and order, suppression and prevention of crimes and internal
security necessary for the formulation and execution of long
plans, policies and programs.
FUNCTIONAL CLASSIFICATION OF POLICE INTELLIGENCE
1. Criminal Intelligence (CRIMIN) – refers to the knowledge
essential to the prevention of crimes and the investigation,
arrest, and prosecution of criminal offenders.
B) LINE INTELLIGENCE (Combat/Tactical) – required
2. Internal Security Intelligence (INSINT) – refers to the
knowledge essential to the maintenance of peace and order.
3. Public Safety Intelligence (PSINT) – refers to the
knowledge essential to ensure the protection of lives and
properties.
A. PEOPLE
- living condition
- sources of income
- education of the people
- government livelihood projects
- extent of enemy influence to the people
B. WEATHER
- Visibility
- Cloud
- Temperature
CaviteStateUniversity-Bacoor City Campus
FIELDS OF MILITARY
pertaining to capabilities and vulnerabilities of a
foreign nation which is required by the national
planners for the formulation of an adequate national
defense in peace and from the basis for the
projected military operation in the time of war.
Components of Strategic Intelligence:
1) Political Intelligence – deals with the domestic
and foreign relationships of government
operation.
2) Economic Intelligence – deals with the extent
and utilization of natural and human resources to
the industrial potential of nation.
3) Transportation and Communication
Intelligence – concerned with operation and
facilities not only the military but also the civilians.
4) Sociological Intelligence – deals with the
demographic and psychological aspect of groups
of people.
e.g. 1) Population and manpower
2) Characteristics of the people
3) Education
5) Biographical Intelligence – deals with the
individual personalities having actual possession
of power. The process of research and
development as it is affects the economic and
military potential of a nation.
6) Armed Force Intelligence – deals with the
Armed Forces of the nation.
7) Geographical Intelligence – deals with the
natural as well as manmade features of physical
environment of man considered from the point of
view of military operation.
8) Scientific Intelligence – deals with the progress
of research and development as it affects the
economic and military potential of a nation.
by the commander to provide for planning and
conducting tactical and administrative operation in a
counter insurgency.
What is the information’s to be determined?
- Precipitation (rain)
- Wind
C. ENEMY
- Their location
- Their strength
- Disposition
- Tactical capabilities
- Enemy vulnerability
D. TERRAIN
- Relief and drainage system
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 - Vegetation
- Surface materials
- Manmade features

CaviteStateUniversity-Bacoor City Campus 10


C) COUNTER INTELLIGENCE – Phase of intelligence
covering the activity devoted in destroying the
effectiveness of hostile foreign activities and to the
protection of information against espionage, subversion,
and sabotage.
Objectives of Counterintelligence
a. prevent enemy sabotage, espionage and
subversion
b. Security of the command
c. Denies knowledge to the enemy
d. Aids the activities in achieving surprises,
e. Detect possible disaffection, treason, sedition,
within the military or police forces.
Three (3) Activities of Counterintelligence
a) Protection of information against espionage.
b) Protection of personnel against subversion.
c) Protection of installation and materials against
sabotage.
Two (2) General Types of Counterintelligence
(a) PASSIVE COUNTER MEASURES – those
measures which seek to conceal information from
the enemy.
(b) ACTIVE COUNTER MEASURES – those
measures which seek active block to the enemy’s
effort to gain information or engaged in espionage,
subversion, or sabotage.
Five (5) Categories of Counter-intelligence
Operation
1) Military Security – encompasses the measures
taken by a command to protect itself against
espionage, enemy operation, sabotage, subversion
or surprise.
Example:
- security discipline
- special safeguarding of classified information
- security handling of evader and escapees
- counter subversion within the armed forces
11
- tactical measures in combat area/zone
2) Port Frontier And Travel Security – The
application of both police and civil security
measures for counter-intelligence control at points
of departure, international borders or boundaries. It
includes responsibility for security control of
seaports and frontiers.
3) Civil Security – Encompasses active and passive
counter-intelligence measures affecting civilians
permanently or temporarily residing in an area
under police or military jurisdiction. It includes the
systematic registration of civilians, neutral and
enemy allies; control of circulation; curfew;
surveillance of suspected political organizations;
security screening of labor; issuance of passes and
permits, and, control of commerce.
4) Censorship – Control and examination of
communications to prevent the transmission of
information that may fall into the hands of the
enemy, and to collect and disseminate information
of intelligence value. It involves the following:
 National – Total control and examination
of communication of the entire populace.
 Police and Military – Control and
examination of communications to and
from personnel under the jurisdiction of
the police or the arm forces.
 Civil – Control and examination of
communications of the natives and
civilian populace.
 Field Press – Is the security review of
news materials and other information.
 Prisoner of War – Control and
examination of communications to and
from prisoners of war and civilian
internees. An internee is someone from
the enemy side held as prisoner while the
war is going on.
5) Special Operation – Employment of active
counter-intelligence techniques and procedures in
the conduct of clandestine or covert operations
against hostile and enemy intelligence
organizations and agencies. It covers counter-
terrorism; counter-sabotage, counter-espionage;
and counter-subversion.
 Counter Subversion – an action that
counters those clandestine or covert
 designs to undermine military, economic,
psychological morale or political strength
of a regime.
 Sabotage – An action against, material,
premises or utilization to their production
which interferes with or absolutely the
national security to prepare for or carry on
a war.
 Espionage – refers to the collection of
secret information that a government
organization does not want any outsides
to know.
Types or Categories of Counter-Intelligence
Measures
(a) Denial Measures – preventing the enemy in
getting some necessary information from your
organization.
- secrecy discipline
- document security
- camouflage and concealment
- police or Military Censorship
- Counter Reconnaissance
(b) Detection Measures
- Personnel Security Investigation (PSI)
- Document Security (Security tag)
- Passwords and Countersigns (Challenge)
- Reconnaissance
(c) Deception
- Ruse – to dodge and get of the way, or a trick.
(use of escape and evasion)
- Dodge – to avoid detection by suddenly moving
aside.
- Dummy position
- Fabricated information
Counter Intelligence Security Measures
(A) PHYSICAL SECURITY – A system of barrier
placed between the potential intruder and the
material to be protected.
(B) PERSONNEL SECURITY – Includes all security
measures designed to prevent unsuitable
individuals of doubtful loyalty to the Philippine
12
Government from gaining access to classified
matter or security facilities and to prevent the
appointment, employment or retention as
employees of such individuals.
Types of Security Clearance
1. Interim – is a temporary clearance given to an
individual while PBI is still going on.
2. Final Clearance – is given to an individual whose
PBI is completed.
Three (3) Classifications of Sensitive Positions
1.) Non-critical Sensitive Position – refers to such
position that provides access to secret materials
and that involving command information program.
2.) Critical Sensitive Position – refers to such
position having access to top secret material, and
those involving investigative duties.
3.) Ultra-Sensitive Position – includes those having
a broad and detailed access to top-secret
materials and positions involving in major
decisions.
Personnel Security Investigation (PSI)
- It is an inquiry into the background of a individual
particularly with respect to his character, loyalty,
integrity and discretion.
Four (4) Types of PSI
1. Local Agency Check (LAC)
2. National Agency Check (NAC)
3. Partial Background Investigation (PBI)
4. Complete Background Investigation
(CBI)
Definition of Terms:
 Character – a trait or um of traits which serves
as an index to the essential or distinctive nature
of a person.
 Derogatory Information – information which
reflects unfavorable on the character, integrity, or
reliability of an individual.
  Discretion – ability or tendency to act or choose
with prudence the habit of wise judgment and
sagacity, or simply stated “judgment.”
 Loyalty – the faithful and true allegiance to the
Philippine Government and its constitution.
 Moral – principle or standard of conduct of an
individual, his ethical judgment in human relation
and respect for superior.
 Moral Turpitude – acts contrary to justice,
honesty or modesty or good moral.
 Security Risk – any person whose character,
activities or circumstances in life might place him
in a position where wittingly or unwittingly would
compromise the security of classified matters.
(C) OPERATIONAL SECURITY – Measures taken in
conducting operations or activities in a secure
and efficient manner.
Two (2) Problems of Operational Security
(1) Compromise – takes place upon
disclosure or identification of
intelligence personality operations or
operational techniques in such a way
as to destroy the effectiveness of the
collection effort.
(2) Human Elements – (Personal
weaknesses)
Operational Security Methods:
1) Compartmentation
2) Cover
3) Communication
4) Cut-out Devices
(D) COMMUNICATION SECURITY – it is the
protection resulting from all measures designed to
deny unauthorized persons’ access to information
of value which might be derived from the
possession and study of telecommunication; or to
mislead unauthorized persons in their
interpretation of the result of such a study.
13
Communication Intelligence – intelligence or
information collected, thus, a successful
interception of the enemies’ messages or
communication system by means of
cryptoanalysis.
Fundamental of Cryptography, Encoding, and
Decoding:
 Cryptography – study or science of
encoding information in the form of codes
and ciphers; the art of writing in or
deciphering writings; or method of
rendering plain text intelligible and
recovering intelligence text into plain text.
 Cryptology – secret writing.
 Cryptograph – to convert the plain text
of messages into cryptogram.
 Decryptograph – to reconvert
cryptogram into its equivalent plain text.
 Cryptographer – person who writes in or
deciphers secret writing.
 Codes – is a system in which, arbitrary
group of symbols representing a unit on a
plain text with varying length; set of
signals representing letters or numerals
used in sending messages or system of
sending secret writings in which letters
and figures are arbitrarily given certain
meaning.
 Ciphers – is a system in which individual
letters of a message are represented by
other letters rather than by complete
words, phrases, or sentences.
 Encipher – conversion of plain text
messages to ciphers.
 Decipher – to reconvert the cipher into
plain text message.
 Cryptogram – encrypted text message,
complete with heading, written in
unintelligible text of language which
implies or convey hidden meaning.
 Plain text message – is a visible
message which conveys an intelligible
meaning in any language it is written.
  Encode – convert the plain text message
to coded form.
 Decode – to reconvert coded form into
plain text message.
(E) DOCUMENT SECURITY – handling and use of
classified information and document.
Document – any recorded information regardless of its
physical form or characteristics and include but not the
following:
1. Written matter whether handwritten,
printed or typed;
2. All painted, drawn or engraved matter;
3. All sound and voice recording;
4. All printed photographs and exposed or
printed film (still or moving);
5. All reproduction of the foregoing for
whatever purpose.
FOUR CLASSIFICATION OF DOCUMENT
(CLASSIFIED MATTERS):
1.) Top Secret (Green Color Code) – any information
and material which, the unauthorized disclosure of
it would cause exceptionally grave damage to the
nation politically, economically, or militarily.
Authority to Classify Top Secret Matters:
a. Secretary of National Defense (DND)
b. Chief of Staff and its equivalent to the PNP
c. Major services commanders
d. Area and unified commandeers of the PA,
PNP, and its equivalent to the PAF and PN
2.) Secret (Red Color Code) – any information and
material which, the unauthorized disclosure of it
endangers the national security and causes
serious injury to the interest and prestige of the
nation or of the government activity or of great
advantage to foreign nation.
Authority to Classify Secret Matters:
a) Commanders of Infantry Battalion
b) Person enumerated under top secret
c) Special and Personnel staff of GHO
14
d) General and special staff of Major service
areas and unit commanders
e) Superintendent of the PMA and PNPA
f) Commanders of post, depots, station of
separate units
g) Chief of military mission or group
h) Armed Forces Attaches
i) Commandments of service school
3.) Confidential (Blue Color Code) – any information
or material which its unauthorized disclosure would
be prejudicial to the interest and prestige of the
national or government activity; or would cause
administrative embarrassment or unwanted injury
to and or would be of advantage to foreign nations.
Authority to Classify Confidential Matters:
a. Any commissioned personnel
4.) Restricted (White or No Color Code) – any
information and material which requires special
protection other than those determined to be
confidential, secret, and top secret, yet prior to
release, it requires clearance from the record’s
custodian.
HANDLING CLASSIFIED SECURITY INFORMATION:
 Classify – refers to the assigning of information in
any form or material one of the four security
classification categories after determination has
been made that the information requires the
security protection as provided for in the regulation.
 Classified Matter – any information and material
in any form or any nature, the safeguarding of
which, is necessary in the interest of national
security and which is classified for such purpose by
the responsible classifying authority.
 Compromise – takes place through loss of
security which results from unauthorized persons
obtaining knowledge of classified matters.
 Unauthorized – persons not authorized to have
access on classified matters.
 Compartmentation – refers to the grant of access
to classified matters only to properly cleared
persons.
 “Need to Know” – the term given to the
requirement that the dissemination of classified
matters be limited strictly to those persons whose
 official military or government duties requires
knowledge or possession thereof.
 Damage to National Security – refers to the
prejudice, embarrassment or injury of the Republic
of the Philippines resulting from any act or
omission.
 Declassify – the act of removing the security
classification.
 Reclassify or Regrading – refers to the act of
changing the assigned classification of classified
matter.
 Upgrading – refers to the act of assigning the
matter a higher classification than that previously
assigned to it.
FACTORS IN CREATING INTELLIGENCE UNIT
1. Size of the community.
2. Extent of organized crime in the
community.
3. Probable frequency and seriousness
of the activity of civil disturbance.
4. Breaches of integrity on the part of any
member of the force unit.
INTELLIGENCE THEORY (Source of Police Intelligence)
INFORMATION
-Raw data or unevaluated material of every
description derived from observation,
communication, report, rumors, imagination, and
other sources from which intelligence is produced.
- Any knowledge, data, news, opinion, or the like
transmitted from a person to another.
INTELLIGENCE INFORMATION
 Any information gathered or received which is of
intelligence interest.
INFORMATION NET
 A control group of person to worked though the
direction of the agent handler. The informants principal
or cut- outs supply the agent handler directly or
indirectly of intelligence information.
END PRODUCTS (Knowledge)
 Result after evaluation, analysis, interpretation and
integration of raw materials.
15
ACTIVITY
 The product of the knowledge after collection, processing,
dissemination and use.
ORGANIZATION
 Refers to the intelligence personnel or the intelligence
unit (the unit itself).
THE INTELLIGENCE CYCLE
A. DIRECTING COLLECTION EFFORTS
In this phase, the Intelligence Staff Officer or Unit
Commander determines the required or important information
relevant to mission. Then these requirements will be distributed
to the different collecting agencies by direction or by request.
1. Determination of requirements.
2. Determination of the essential elements of information.
3. Establishments of priorities.
Considerations in Directing and Collection Efforts
(1) Mission
(2) Area of Operation
(3) Sources of information available and the capabilities
and limitation of available agencies.
(4) Steps in planning and executing the collection effort.
(5) Tactics, organization and characteristics of the enemy
to include Intel and surveillance capabilities.
(6) Characteristics of the legal populace including loyalties,
religions and local customs.
B. COLLECTING THE INFORMATION
In this phase, the collecting agency determines what
specific information is to be collected by whom and from whom.
After the collecting activity is carried out, the collected
information is then submitted for processing.
COLLECTION PLANNING – the continuous process which
ultimately coordinate and integrate the efforts of all collecting
Agencies/Units.
STEPS COMPRISING COLLECTION PLAN
a. Planning the collection efforts/activity.
 b. Determination of intelligence priorities
c. Selection of Collecting Agencies.
d. Supervision of the collection activities (a.k.a. direction).
GENERAL CLASSIFICATION OF SOURCES
INFORMATION
1) OPEN SOURCES – (90% of the information
collected are coming from open sources)
 Enemy activity
 Civilians
 Captured
documents
 Map
 Weather forecasts,
studies, reports, etc.
 Agencies
 Informants and Informer
2) CLOSE SOURCES – (10% of information are from
close sources)
 Surveillance
 Casing
 Eliciting
 Surreptitious entry
 Employment of technical means (bugging
and tapping)
 Tactical interrogation
 Observation and description
TWO (2) BASIC COLLECTION STRATEGIES
(1) Resource integration – one (1) agent
(2) Agent mixed redundancy – three (3) or
more agents for the
same assignment.
WHO ARE TASKED TO COLLECT INFORMATION?
a) Intelligence officer/agents – regular
members
b) Civilian agents – informers and informants
c) Assets – establishments or institutions,
agencies, organizations or non-judicial
people, which assist in providing
information.
d) Concerned Citizens
Link Diagram
OF (1) Personality – persons involved
(2) Organization – group committing the crime
(3) Resources/Equipment – Used in committing the
crime
(4) Activity – modus operandi/crime activities
CRITERIA OF COLLECTING AGENCIES/UNITS
1) Capability – physical ability of the unit.
2) Balance/Suitability – availability of the unit in
selecting the area of interest.
3) Multiplicity – ability to compare two or more
prospected collecting agencies.
SOURCES OF INFORMATION
- Where the information is obtained.
Good Sources of Information (these people volunteer for
various reasons/motivations: nationalistic, personal,
religious, or, materialistic gain)
o Victim of
crimes
o Ordinary
citizens
o Group
leaders in the community
o Bar
workers
o Religiou
s groups
o Mercha
nts
o Other
well-meaning observers
FOUR PHASES OR STEPS OF INFORMANT RECRUITMENT
(SIAT)
(1) SELECTION – it is particularly desirable to be able to
identify and recruit an informant who has access to many
16
 criminals in groups or subversive organizations wide
access is probably the single most informant feature in the
consideration of recruiting the potential informant.
(2) INVESTIGATION – the investigation of the potential
informants that has tentatively identified as “probable” must
established possible existing motives as to why this person
might assist the police intelligence community.
(3) APPROACH – explanation of contract.
(4) TESTING – to determine whether to qualify or not the
probable informant.
through conversation from a person who is not aware of the
specific purpose of the conversation.
Main Characteristics:
a. Subject is not aware of the true reason for or extent of
your interest in his information.
b. Elicitors have little or no control over the subject.
c. Elicited information usually consists of isolated
fragmented information.
Purposes of Elicitation:

(a) To acquire information which is unbelievable through

METHODS OF COLLECTING INFORMATION other channel
(b) To obtain information this although unclassified is not
1.) Overt method – collecting information from open public known.
sources done by means of research or that (c) To provide operational information and background
information which are public knowledge. Consist of data on potential source of information.
80% - 90%. Planning and Preparation:
2.) Covert method – discreet manner or secret action of
gathering information. Consist of 10% - 20%. a. Determine what information is necessary or essential.
b. Determine who has access to the information.
c. What are the vulnerabilities?
OVERT OR OPEN METHODS OF GATHERING d. How susceptible the subject to elicitation.
INFORMATION e. Outline elicitation points prior to meeting and prepare
specific questions and know your subjects well.
1. Interview – the casual questioning of a person who is not
under the control of the interviewer. It is also a method of
obtaining information from the subject who is aware that he Devices in the Conduct of Elicitation:
is giving information although he maybe ignorant of the true
or real purpose. a) Approach – the process of setting people to start
2. Interrogation – is the skillful questioning of the subject or talking.
person who is not cooperating. The subject is aware of the Types of Approach:
questioner’s interest and is under control.
3. Instrumentation – the application of instruments and 1. Flattery – people are susceptible to praise.
methods of physical sciences to detect or determine the Variants:
participation of the subject.
a) Teacher – Pupil approach
4. Research – investigation to get facts through the files of b) Kinder Soul approach
other agencies or company records. c) Good Samaritan approach
5. Investigation – is the collection of facts or knowledge from d) Idol
other sources, either from regular sources, public spirited 2. Proactive approach – Discover a wider range of
citizens, informants or informer. conversational gambits.
6. Debriefing – the subject is cooperative or under some Variants:
degree of control and is aware of the intelligence interest.
(a) Teaser Bait approach
(b) Man from Missouri approach
COVERT METHODS OF GATHERING INFORMATION (c) Joe Blow approach (Know it all)
(d) National Pride approach
1) Elicitation – is the technique
of acquiring information or intelligence of operational value
17
 (e) Partial – disagreement approach – seek to Example: Looking at the window of the store,
produce talking by the word “I’m sure it suddenly hears a car collided with another car.
fully agree.”
3. Habitual (most reliable) – an attention which is
distinguished by little effort with a maximum of
b) Probe – the process to keep the person (subject) control.
talking incessantly. Example: a student who is interested to a
Types of probe: certain subject.
1. Competition probe
2. Clarity Probe
3. High pressure Probe b) PERCEPTION – consists of the psychological process
4. Hypothetical probe involve in understanding this fact of awareness.
Through understanding (smell of flower, you
can guess the name of the flower).
2) Observation And
Description Factors Involved In Perception
 Observation – is the complete and accurate
awareness by an individual of his surroundings and 1) Mental capacity – one must have enough
encompasses the use of all the major senses to intelligence to understand the meaning of a fact
register and recognized its operational or before he can perceive it.
intelligence significance. Example: a child being brought to a movie
 Description –the factual reporting of what is couldn’t fully understand the meaning the story due
observed. Or, it is the actual and factual reporting of
to his/her mental incapability.
one’s observation or the reported sensory
experience recounted by another. 2) Educational background
Psychologists estimate that approximately: 3) Empirical background – one has acquired by the
experience throughout his life.
a. 85% of your knowledge is gathered through sight.
4) Occupation Background
b. 13% of your hearing.
c. 2% through the three senses.
c) REPORT – USED IN TWO SENSES:
1. The first in the psychological process involved
Three Psychological Processes for Accurate
in identifying by name in one’s own mind some
Observation facts that has been perceived/identified;
2. Report – narrate of what you
a) ATTENTION - consists of the psychological process
perceived/identified.
involve in becoming aware of a fact (aware of the
existence of the fact).
Types of Attention: Factors Governing Report:
1. Voluntary – this type is more reliable but not 1) Vocabulary – words which an individual finds to
nearly as dependable as habitual. express himself;
Example: Assume that someone is required to 2) Time log – accurate reporting depends entirely on
listen to a lecture concerning a subject in which he timeliness. Delay in reporting results in
is not interested. unconscious omission of detail.
3) Recurrence of Similar incidents
2. Involuntary (least reliable) – in it, you have no
control and it requires no effort.

18
 Memory
It has bearing in evaluation of information. This
refers to a complex group of mental functions and
states of awareness that are concerned with the storing
of experience and its reappearance in consciousness
of its utilization in subsequent activity.
Types of Memory:
a) Sensory – that of learning repetition
b) Intellectual – higher evaluation
Function of Memory:
1. Storing information – systematic filing
2. Recollection – returning to conscious memory
that which has been stored
How Recollection may be Brought About:
1) Recall – process of reproducing a past experience
2) Recognition – process of identifying a perception
as having been experience at some time in the
past.
3) Casing – is the reconnaissance and surveillance of
a place, building or area to determine its suitability for
intelligence use or its vulnerability in an intelligence
operation.
4) Sketching – consist of putting
ideas in an accurate pictorial form. It is a means of
describing an object or area to satisfy a particular need.
Methods of Sketching
a. On the Spot – applied when security conditions on the
place of observation allows the observer to sketch or
draw the objects on the area at any time.
b. Memory method – applied when security conditions
on the area is in such a way that the observer can only
pass by or linger for a very short period of time.
19
c. Semi-memory Method – applied in an area where
security condition is very strict but does not prevent the
observer in making noted of what was observed.
5) Cover – is any devise utilized by an individual,
organization or group to ensure that no one who do not
have the right will not be aware of the real purpose or intent
of the mission.
6) Photography – is the process of producing image
on a sensitized material by variant form or radiant energy.
7) Order Of Battle – It is the summary recording of
ones specific criminal activities with entries covering
matters with intelligence and tactical interest, enumeration
of personalities involved in the organization’s movement
and activities.
8) Provocation – is an action
taken in order to incite reaction from a known adversary or
to observe reactions of adversaries.
Steps in Conducting Provocation
1. Inform the adversary
2. Motivate to react
3. Ask about your intent
Purposes of Provocation
a. Reveal the true status of an assumed adversary.
b. Make a known adversary takes self-damaging action.
9) Portrait Parle – a means of using descriptive terms
in relation to the personal features of individual and it can
briefly describe as a word description or spoken pictures.
10) Clandestine Operation – is a secret action
undertaken by an intelligence or counter intelligence agent
in behalf of an organization, the government and other
friendly forces.
Factors Necessary to Clandestine Operation:
a. The desire to do something.
b. The fact that it can be done.
c. No other means of obtaining timely and accurate
information requirements.
Two Goals of Clandestine Operation
a. To collect information about hostile opposition activities.
b. To penetrate the organization in order to determine its
operational adversary director, its plans and its
intentions against the sponsor.
 Basic Organizational Elements for Clandestine
Operation
1) SPONSOR – refers to the organization or government
that authorizes, approves, directs, controls, and
supports clandestine operational activities. It may be
represented by the following: project officer, case
officer, and agent handler.
2) TARGET or RABBIT – is a person, place, things or
activity against which the clandestine organization or
operational activity is directed.
3) AGENT – is a person who is aware that he/she is
engaged in counter operational activity and willingly
accepts control and direction.
Classification of Clandestine Agents:
a.) Principal Agent Or Agent Handler – is a
managerial and in most cases the leader of the
agent network.
b.) Action Agent – is the doer of the clandestine task
and further classified according to the task that he
was assigned.
1. Espionage (Counter Intel/Intel) Agent – is
the primary and most important human
collector agent.
Types of Espionage Agents
a. Access Agent
b. Penetration Agent
c. Legal Traveler
2. Propagandist – an agent that undertakes
action to mold the attitudes, opinions and
actions of an individual, group, organization or
nation.
3. Saboteur – is an agent who undertakes
positive action against unfriendly power/forces
resulting in the lost temporarily or permanently
of an article, material, or facilities which are
being used.
4. Guerilla – is a member of a paramilitary group
organized to harass the enemy
5. Strongman – is an agent readily available to
provide special protection during dangerous
phases of the clandestine operation.
6. Provocateur – an agent who induces an
opponent to act on his own detriment by
discrediting himself or revealing his true
purpose or identity.
20
7. Cover Action Agent – is a fully recruited
agent who is in a senior position usually within
the government and is unable to exert
influence from foreign government upon the
direction of the sponsor.
Factors to Consider in the Selection of Action
Agents
(a) Placement – location of prospective agent
with respect to the target.
(b) Access – the capability or ability of the
prospective agent to obtain the desired
information for the intelligence organization or
to perform the intelligence collection mission
in the area.
i. Primary Access – it has the direct
access to the desired information.
ii. Secondary Access – the access to
the desired information trough
principal source where the latter has
the direct access.
iii. Outside Access – the agent is
employed outside the target and
merely monitors information from a
third person who is monitoring
information in the area.
c.) SUPPORT AGENT – an agent who engages in
activities which support the clandestine operation.
This agent performs all types of auxiliary services
at the direction of the case or project officer.
Categories of Support Agent
1. Surveillant – is a support agent who
observes persons and places of operational
interest.
2. Investigator – an agent who provides
information about persons or things of
operational interest.
3. Procurer of Funds – an agent who obtains
special currency when needed for
operational interest.
4. Procurer of Supplies – an agent who
prepares supplies or procures ordinary as
well as critical operational materials.
5. Safe house Keeper – An agent that
manages and maintains the safe house for
 operational use, such as for briefings,
debriefing and safe haven.
6. Manager of Storage Area – an agent who
arranges the storage, distribution or
transportation of operational supplies.
7. Communication Agent – (Commo Agent) –
an agent that facilitates communications.
- The need for obtaining information of the highest
degree of credibility of the minimum of time. The
objective of interrogation varies and depends
entirely on the situation and which the interrogator
finds himself. He must therefore be fully aware of
the objectives for each interrogation.

Definition of Terms:
Motivation of an Agent
 Interrogation - The systematic asking of question to
1. Ideology – believed in the principle of life. elicit information in the minimum of time.
2. Patriotism  Interrogator - Person who does the questioning.
3. Remuneration – mercenary  Interrogee - Any person who is subjected to the
4. Career Development interrogation process in any of its forms and phases.
5. Fear  Suspect - Any person believed to be associated with
prohibited activity.
 Source - A person who for any question submits
CONTROL – authority to direct agent to carry out task or information of intelligence interest usually on a
the requirement in behalf of the clandestine organization in voluntary basis.
acceptable manner.  Witness - Any person who has direct knowledge of
facts concerning an event or activity.
Two Categories of Control  Provocateur - an individual from the enemy forces
who is deliberately introduced in our custody with a
1) POSITIVE CONTROL– characterized by specific mission of causing some unfavorable action or
professionalism and rapport. reaction on our part.
a. Agent motivation  Screening - Initial examination of an interogee to
b. Psychological control determine the extent oh his knowledge of persons,
2) NEGATIVE CONTROL – black mail and threat. places, things or events in which we are interested.
a) Disciplinary Action – includes verbal reprimand  Formal Interrogation - The systematic to exploit to an
for poor performance or insecure actions with appropriate depth that area of the interogges
holding certain materials, rewards, reduction of knowledge which has been identified in the screening
agent salary or extreme situation that threat of process.
terminating personal relationship.  Debriefing - The interrogation of a friendly interrogee
b) Escrow Account – control of an agent by putting who has information at the direction of or under the
his salary in a bank to be withdrawn only after control of the friendly intelligence service.
fulfillment of the conditions.  Interview - Similar to a debriefing although it is less
formal and the interrogee is not necessarily under the
control employment of the respective service.
Important Rule that a Handler of Civilian agent or  Interrogation Report - An oral or written statement of
Informant must Follow: information by the questioning of an interrogee.

“Never, never love your agent”

Forms of Interrogation

a. Direct- the subject is aware

TACTICAL INTERROGATION b. Indirect- the subject is not aware
Types of Interrogation

21
  Screening
 Formal Interrogation (Detail)
 Debriefing
 Interview
 Interrogation of Lay Personnel (Specific Type)
 Technician Interrogation
PROCESSING THE COLLECTED INFORMATION
- It is defined as the step in the Intelligence Cycle
whereby information becomes Intelligence.
Processing collected information involves four (4)
stages, to wit:
1) Recording – It is the reproduction of information
through writing or some other form of geographical
representation and the arranging of this information
into groups of related items.
Aids in Recording:
 Intelligence Journal
 Intelligence files
 Situational map
 Intelligence workbook
2) Interpretation – Determines the significance of
information and probable meaning of the evaluated
information.
3) Evaluation – The determination of the pertinence of
the information to the operation reliability of the
source of or agency and the accuracy of the
information.
- The critical appraisal of information as basis for
subsequent interpretation (Reliability/Accuracy).
Evaluation to determine:
Pertinence (Usefulness) – information is considered
pertinent if:
 It deals with the enemy or its area of operation
 If it is needed immediately
 If it is of present or future potential value
 Reliability – dependable. The agency that
controls the source is responsible for
determining the reliability.
 Credibility/Accuracy – refers to probable
truth of information.
4) Analysis – The determination of significance of
information, relative to the information, and
intelligence already known and drawing deduction
22
about probable meaning of the evaluated
information.
Three (3) Steps in Analysis:
a) Assessment – is the shifting and sorting
of evaluated information with respect to
the mission.
b) Deduction – concerns in finding out the
meaning of information as to the area of
operation or enemy.
c) Integration – It is the combination of the
elements stated in assessment with other
known information of intelligence to form a
logical feature or hypothesis for enemy
activities or information of the operational
area and characteristics of the mission of
the command.
5) Dissemination And Use
- This is the final phase of the cycle wherein the
processed information or intelligence will be
disseminated by means of reports, annexes,
briefings, estimates and other forms to the
selected agency, unit or command to effect or
implement the mission.
EVALUATION GUIDE
RELIABILITY OF INFORMATION
A - Completely reliable
B - Usually reliable
C - Fairly reliable
D - Not usually reliable
E - Unreliable
F - Reliability cannot be judged
ACCURACY OF INFORMATION
1 - Confirmed by other sources
2 - Probably true
3 - Possibly true
 4 - Doubtfully true photographs. These should receive maximum usage in all
forms of dissemination.
5 – Improbable 7.)
ables – spot intelligence is sometimes transmitted to
6 - Truth cannot be judged representatives overseas by cable in order to aid them in
their own report or in whatever mission they are performing.
SOURCE OF INFORMATION This is particularly applicable in times of emergency and
that strategic intelligence is needed rapidly for planning
T – Direct observation by the commander and
purposes.
chief of a unit. 8.)
ilms – the use of short motion picture films for the
U – Report by PNP/AFP troops involved in
dissemination of intelligence.
encounter

W– Interrogation of capture enemy SURVEILLANCE AND CASING

agent/foreigner
X – Observation of government and civilian
employees or official.
Y – Observation by a member of the populace
Z – Documentary
TYPES OF MEDIA EMPLOYED IN THE DISSEMINATION OF
INTELLIGENCE:
1.)
nformal means – intelligence may be disseminated by this
means and it usually assumes the form of personal
consultation.
2.)
ral Presentation – usually in the form of a briefing, a
lecture or a group conference or it may be personal
presentation to higher authority.
3.)
emoranda – usually an informal memorandum to the
researcher’s superior or to other interested agencies.
4.)
ssigned/ Required Projects or Reports – these are
usually a requirement for intelligence by the consumer.
5.)
eriodic Publications – these media of dissemination are
printed and intended for wide publication. They contain
data and discussions on relatively wide fields of intelligence
and are designed medium.
6.)
raphic Presentation – such as maps, graphs, charts and
23
CASING - It is the reconnaissance and surveillance of a place,
building or area to determine its suitability for intelligence use or
its vulnerability in an intelligence operation.
Purpose:
1. It aids in the planning and operation by providing
needed information.
2. It assists the agent handler to instill confidence in his
agent during briefing phase be being able to speak
knowingly about the area of operation.
3. I It is also considered a security measure because it
offers some degree of protection for those operating in
an area unfamiliar to the intelligence personnel.
O
General Principle:
1) Know the best route to get there (location).
M
2) Know how to conduct yourself without attracting
attention.
3) A Know what security hazards are in the area and how
can be avoided or minimized.
4) Know the best route to extricate from the area of
P casing.
Methods of Casing
a) G Personal Reconnaissance
b) Map Reconnaissance
c) Research
d) Prior Information
 e) Hearsay
Information Desired in Casing
1. Area condition and habit
2. Active Opposition
3. Disposal Plan
4. Escape and Evasion
Five Fundamental Principles of Casing
a) To gain contact as soon as possible and maintain
continuously.
b) Maneuver freely and conformity with operations (dry
run).
c) To fight only when necessary.
d) To report all items of information.
e) To developed the situation.
Steps/guide in the conduct of casing
1) Preparation of general location map.
2) Sketch of the adjoining establishment and prominent
features.
3) Specific sketch of floor plan of main target.
4) Detailed features of inner portion of target and its
description.
5) Photograph of the casing target.
Types/Forms of Casing
1) SURVEILLANCE – to gather general information over
a wide area and it takes a longer time frame.
2) RECONNAISSANCE – to gather specific or detailed
information at a particular time and place.
SURVEILLANCE
- A form of clandestine investigation which consist
of keeping persons, place or other targets under
physical observation in order to obtain evidence
or information pertinent to the investigation.
- Use to gather general information over a wide
area and takes a longer time frame.
Objectives:
1) To confirm or deny allegations.
2) To identify persons involved in certain activities.
3) Provides background information for undercover
assignment.
4) Develop leads to vital information.
24
5) To obtain needs upon which to conduct additional
investigation.
6) To check on source of information.
7) Locate addresses, or places frequented by subject as
well as his associates.
8) To obtained detailed information about the nature,
scope of subject’s activities.
9) To secure basis for securing search warrant.
10) To provide protection.
Classification of Surveillance According to Intensity and
Sensitivity:
A. Discreet
B. Close
C. Loose
Classification of Surveillance According to Methods:
A. Fixed or Stationary
B. Moving
C. Technical and audio
Kinds of Surveillance:
(A) SURVEILLANCE OF PLACE (STAKE OUT)
Two Types of Stake out
1. Using a room in a nearby house or business
establishment and remaining under cover.
2. Remaining outdoor and posing as a person who would
normally conduct his business in such area (e.g.
laborer, carpenter, street vendor, etc.)
(B) SHADOWING OR TAILING
METHODS OF SHADOWING:
1.) Foot Surveillance
 One-man shadow – this is most common
because it involves the use of the number of
men but it is extremely difficult and should be
avoided. In this type of surveillance, the
shadower will follow subject and make notes
authentically of all that the subject does.
- The subject must be kept in view at all times.
- One-man surveillance will usually be very close
and somewhat dependent on pedestrian traffic
and physical characteristics of the area.
 - When walking on the oppositec) side of a street, the
officer should keep almost abreast of the subject.
- It is necessary at all timesd) to be close enough to
immediately observe the subject if he enters a
building, turns corners ore)similar sudden moves.
b. Two-man shadow – this is more advantageous
because it permits immediate change and the
shadowers are less likely to be recognized. One
shadower will follow the subject and the other may
either be abreast or on the opposite side of the
street or following the shadower. The use of two
officers affords greater security against detection
and reduces risk of losing the subject.
- On streets crowded with pedestrian and vehicular
traffic, both surveillants should normally remain on
the same side of the street as the subject;
The first officer tailing the subject fairly
closely; and
The second officer tailing the first agent
some distance behind.
- On less crowded streets, one officer should
normally walk on the opposite side of the street
nearly abreast of the subject; and
- In order to avoid detection, the two officers should
make periodic changes in their position relative to
the subject.
c. Three-man shadow or ABC method – the use of
three officers reduces further the risk of losing the
subject and affords greater security against risk.
- The three-man method (ABC or 123), permits a
greater variation of position of the officers and
also permits an officer who suspects he has been
spotted by the subject to drop out.
- Use of three-man method under normal traffic
conditions:
The “A” officer keeps a reasonable
distance behind the subject.
The “B” officer follows “A” and
concentrates on keeping “A” in view.
The “C” officer walks on the opposite of
the street slightly behind the subject.
The “B” officer may be responsible for
detecting any confederate or convoy of the
subject being utilized to detect surveillance.
- Use of the ABC method on streets with little or no
traffic:
25
Two officers may be on the opposite side
of the street; or
Officer may be in front of the subject
- Use of ABC method on very crowded streets
All three officers should generally be on
the same side of the street;
The leading officer should follow closely to
the subject to observe his actions at
intersections or if he enters a building, alley,
etc.
- Under normal traffic conditions, when the subject
approaches a street intersection, the “C” officer
(across the street) should lead the subject and
should reach the intersection first by pausing at
the corner or crossing the street turning in.
OTHER SURVEILLANCE METHODS:
1. The Leap Frog Method – this is used in attempting
to locate the hide out of a suspect from a vantage
point without moving after the subject. The following
day, the shadower takes up a watch from the point
at which the subject was last seen. This is kept up
until the subject is spotted close enough to his
house or hideaway so that a fixed surveillance on
the house can be made. The leap frog method
wastes a good deal of time. It is too easy to lose the
subject through a change of route. This method is
used only as a last resort.
2. Fixed Surveillance – a fixed surveillance of a
subject’s residence or place of business may be
conducted. This may require the renting of a room
nearby. One window must overlook the subject’s
premises. The window shade must be arranged that
the observation may be over rather than under or at
the side of the shade. A shade that keeps moving
and is not drawn quite to the bottom of a window will
attract attention. On a fixed surveillance, it is likely
that the subject is cautious and will lick for any sign
of stranger or strange vehicle in the neighborhood.
He will also be observant of nearby houses and
buildings. If necessary, he should disguise himself
as a peddler, laborer, street cleaner or insurance
agent, etc.
3. Open Shadow – this is a method of surveillance
that is used to good advantage in affecting the
subject psychologically. Usually, two men are used
 as shadowers, sometimes three. The number 1
shadower picks up the subject and “tails” him in
such a manner as to give his activities away to the COVER AND UNDERCOVER
subject. He wants the subject to recognize him as a
“tail”. Number 2 shadower remains in the COVER - Any device utilized by person, organizational to
background. When number 1 shadower is certain insure that one who does not have the right to know must not
that the subject “made” him, he permits the subject be aware of the real purpose the mission.
to “lose” him. The subject, not seeing number 1
shadower any longer, assumes he is no longer - It is a means by which an individual group or
under surveillance, proceeds on his business with organization conceal the true nature of its acts
little caution. However, shadower number 2 and or existence from the observer.
continues the surveillance. A variation of the open COVER STORY- A biographical data though fictional which will
shadow is to “tail” the subject in an obvious manner portray the personality of the agent he assumed; any scenario
all the time for the purpose of annoying and to cover up operation.
worrying the subject. This may cause him to contact
the police to inquire as to why he is being followed. COVER SUPPORT- an agent assigned in target areas with the
4. Automobile Surveillance primary mission of supporting the cover story.
- This requires careful preparation, wherein the
shadowers must use a vehicle if the subject uses Essentials of Cover
a vehicle. The vehicle used by the shadowers
must be non-descript, preferably rented vehicles 1. Secrecy of operation against enemy intelligence.
since they can be changed often. The license
plates must be anonymous if the cars used in 2. Secrecy of operation against friendly agencies who
shadowing are official or government vehicles. do not have the need to know.
The “tail” car may be changed several times a day
to lessen chances of being detected. It is 3. Successful accomplishment of the mission.
preferred that there are three men in shadow car.
Number 1 is the driver, number 2 watches for a Four Types of Cover
convoy, number 3 takes notes. The notes include
the place, every act and every contact of the 1. Natural Cover
subject’s vehicle and its passengers. Complete
2. Artificial
descriptions are made of all persons contacted if
their identities are unknown. 3. Cover within the cover- justification of existence.
- If number 2 catches a convoy, then the tail’s job is
switched to the convoy car. The driver will avoid 4. Multiple cover- any cover you wish.
attracting attention by driving at normal speed in
reasonable manner. He will avoid unnecessary
turning, twisting, starting, stopping and other
maneuvers. Hazards to Cover
- When the subject leaves his vehicle, number 2
and 3 leave the shadow car and take up the 1. Static or dormant (passive) opposition (ordinary citizen).
surveillance on foot. Number 1 remains with the
car. 2. Friendly or Unhostile active opposition (police, security,
- In automobile surveillance, the vehicle used agencies).
should conform to the same characteristics as the
investigation or surveillance. The make and model 3. Unfriendly or Hostile active opposition (enemy intelligence,
of the car should not be spectacular or readily operatives)
unidentifiable and it should not carry any
distinctive license plates. Precautions or Guidelines in Case of Compromise
26
1. Move out immediately Types of Undercover Assignment

2. Start new facility for operation and develop it. 1. dwelling

3. Build entirely new cover.
4. Use circuitous routes and provide careful counter
surveillance measures.
5. be specifically careful of former contacts with non-
intelligence personnel.
6. Be patient, slowly and careful.
ORGANIZATION COVER- Any account consisting of
biographical data which when adopted by an individual will
assume the personality he wants to adopt.
2. work
3. social
4. jurisdiction assignment
5. combinational assignment
6. rope job - striking up friendship with the subject.
Types of Undercover According to Time Frame:
(1) Long-range – operations can provide reliable, accurate
and continuing access to information which would not be
otherwise attainable.
(2) Short-range – the duration of short undercover activity
may vary considerably from one-time interview to series of
separate but related actions over an extended period of
time.

Objectives of Organizational Cover

Selection of Undercover Worker:
1. To camouflage and protect operational personnel and their
activities. The ideal undercover agent is a combination of an
actor and a good investigator. The selection is made in
2. To protect installation on which clandestine activities are consideration of the following elements:
based.
1) Background – a good undercover man must be able
UNDERCOVER ASSIGNMENT- It is investigative technique in to fit in the environment of his assignment. He must be
which agent conceals his official identity and obtain information able to suit his speech and line of thinking to that of his
from that organization; a form of investigation in which, the associates. His educational and technical background
investigator assumes a different and unofficial identity in order must rise to the required level. His conversation and
knowledge of hobbies, sports and general information
to obtain information. The agent must drop his identity and should be in the particular stratum in which he will find
adopt another. himself.
2) Temperament – A calm, affable, enduring personality
How to Plan Undercover Assignment are required. He should have the necessary self-
confidence to carry him through the more trying
(1) Determine level on which investigation is intended.
moments; and resourcefulness to adjust to change of
(2) Develop appropriate cover and cover story.
plans or situations.
(3) Selection of qualified personnel.
3) Intellect – the undercover agent must, above all,
(4) Consideration of all operational details to include
intelligent. He should have a clear view of the objective
documentation, contact reporting, housing and
of the mission and the over-all strategy that must be
convergence.
employed in its accomplishment. A retentive memory
(5) Briefing, coaching and rehearsals.
and a keen imagination will serve him in good stead.
Finally, he should be an excellent observer and a
Uses of Undercover person of sound judgment.
Special Qualifications of Undercover Agent
1.) Use independently to get firsthand information about the
subject of investigation. 1. Knowledge of the language
2.) Supplement other investigative techniques 2. area background regarding events
27
3. knowledge about the custom and habits
4. physical appearance
DIFFERENCE BETWEEN SURVEILLANCE
RECONNAISSANCE
1) Surveillance is continuous while Reconnaissance is
intermittent (mission or operation).
2) Reconnaissance has specific objectives while
surveillance has general objectives.
VI. CRIMINAL INTERROGATION
A. WHAT IS INTERROGATION?
Interrogation is the vigorous and confrontational
questioning of a reluctant suspect about his participation in a
crime. This process is also applied to an uncooperative or
recalcitrant witness. The purpose of Interrogation is to obtain
confession or admission from the suspect and to learn
relevant information from uncooperative witnesses.
2. Judicial Confession – Those made by the accused in open
Court. The plea of guilt maybe during arraignment or any
stage of the proceedings where the accused changes his
plea of not guilty to guilty.
AND
Sec. 2, Rule 129, Rules of Court states that “Judicial
Admission is made by the party in the pleadings, or in the
course of the trial or other proceedings do not require proof and
cannot be contradicted unless previously shown to have been
made through palpable mistake.”
D. CUSTODIAL INTERROGATION OR INVESTIGATION
Custodial interrogation or investigation is the term to
denote the investigation conducted by the investigator on the
suspect who is under police custody. This is the stage of the
investigation where there is strict observance of the MIRANDA
DOCTRINE.
MIRANDA RIGHTS originated from the American
jurisprudence (Miranda vs. Arizona).

B. CONFESSION DISTINGUISHED FROM ADMISSION
Confession is the declaration of the accused
acknowledging his guilt arising from the commission of a crime.
While admission is an acknowledgment of a fact or
circumstance without accepting guilt.
C. KINDS OF CONFESSION
1.Extra Judicial Confession – Those made by the suspect
during custodial investigation. Simply explained are that those
confessions are made outside of the Court.
Sec 3, Rule 133, Rules of Court – Extra judicial
confession, not sufficient ground for conviction: An extra judicial
confession made by an accused, shall not be sufficient ground
for conviction, unless corroborated by evidence of corpus delicti
(body of the crime.)
Kinds of Extra-Judicial Confession:
a. Voluntary Extra-judicial Confession- The confession
is voluntary when the accused speaks of his free will
and accord, without inducement of any kind, with a full
and complete knowledge of the nature and the
consequence of the confession.
b. Involuntary Extra-judicial Confession- Confessions
obtained through force, threat, intimidation, duress or
anything influencing the voluntary act of the confessor.
D. THE RIGHTS OF THE ACCUSED DURING CUSTODIAL
INVESTIGATION
a. Right to remain silent.
b. Right to counsel of his own choice and if he has none,
the government must provide one for him;
c. Right to be informed of the nature of the charges
against him and whatever he says may be used for or
against him.
These rights could be validly waived in writing and with the
assistance of Counsel in order that the ensuing confession
be admissible in evidence. The confession must also be in
writing, signed and sworn to by the accused.
E. THE TECHNIQUES OF INTERROGATION
a. Emotional Appeal – This is a technique where the
investigator, combining his skills of an actor and a
psychologist, addresses the suspect with an emotional
appeal to confess.
b. Sympathetic Approach – The investigator, in his
preliminary or probing questions must dig deep into the
past troubles, plight and unfortunate events in the life of
the suspect.
c. Friendliness – A friendly approach coupled with a
posture of sincerity may induce the suspect to confess.

d. Tricks And Bluff Techniques:

28

(1) The Pretense Of Solid Evidence Against The
Accused – The Investigator bluffs the suspect that
even if he will not confess, there is enough evidence
to send him to jail.
(2) The Weakest Link – Among the suspects, there
must be a careful selection of who among them is
the weakest link where the interrogation will begin.
(3) Drama – The weakest link maybe used to fake pain
and agony by ordering him to shout, accompanied
by banging a chair on the wall to make it appear that
a commotion is going on.
(4) Feigning Contact with Family Members – The
suspect could be tricked that the investigator had
gone to the residence and the family members had
supplied facts against the suspect.
(5) The Line Up – The complainant, witness or victim is
requested to point positively the suspect who is
among persons in the police line-up.
(6) Reverse Line Up – The suspect is placed among
other persons in a line up and he is identified by
several complainants and witnesses who will
associate the suspect in other several crimes.
e. Stern Approach – The investigator displays a stern
(demands immediate response) personality towards the
suspect by using the following methods:
1) Jolting – Is the questioning technique where the
investigator selects the right moment to shout to the
subject with a pertinent question in an apparent
righteous outrage.
2) Opportunity to Lie – The suspect is given all the
opportunities to lie.
f. The Mutt and Jeff or Sweet and Sour Method – The
first set of investigators must appear to be rough, mean
and dangerous. When they had finished the
interrogation, the second investigator intervenes by
stopping the first set of investigators.
g. Removing the Ethnic or Cultural Barrier – If the
suspect is an Ifugao, an Ifugao investigator and the
29
same should interrogate him, the same with other ethnic
or cultural groups.
h. Searching for the Soft Spot – In every man’s heart,
there is always that softest spot. That spots maybe the
youngest child, the wife, the mother, and the brother who
acted as his father, the grandparents or the best friend.
F. ADDITIONAL MODERN TECHNIQUES OF
INTERROGATION
Actually, these modern techniques are called from
the techniques afore-cited. What is new about them are their
names and designations.
1. Rationalization – It is the use of reasons, which is
acceptable to the subject that led to the commission of
the crime.
2. Projection – It is the process of putting the blame to
other persons, not alone to the suspect.
3. Minimization – It is the act of minimizing the culpability
of the suspect.
G. PHYSICAL SIGNS OF DECEPTIONS
The physical signs of telling a lie are not absolutely bases in
saying that a person is not telling the truth when observed from
him/her. Nevertheless, the following shall serve as additional
situations the investigator must have to observe:
1. Excessive Sweating – Profuse sweating indicates tension,
anxiety, shock or fear. Extreme nervousness is also the
cause of sweating.
2. Face Color Change – Anger is indicated if the face is
blushed.
3. Dry Mouth – This is a sign of great tension and is a reliable
symptom of deception.
4. Excessive Breathing – An effort to control breathing
during the critical questioning is an indication of deception.
Gasping of breath is the ultimate result of the control in
breathing.
5. Increase of Pulse Beat– When observed at the sides of
the neck, the investigator will discover the increase in pulse
beat which is indicative of deception.
6. Avoidance of Direct Eye Contact – This may indicate
guilt or deception. Misty or teary eyes indicate remorse or
repentance.
VII. INFORMANT vs INFORMER

A. THE INFORMANT
The word informant is a general term that refers to any
person who gives information to the police authorities relative
to a crime. However, strictly speaking, an informantis any
person who furnishes the police information relevant to a
criminal case about the activities of criminals or syndicates
without any monetary consideration.
B. THE TYPES OF INFORMANTS
1. Anonymous Informant – He maybe an anonymous phone
caller, letter writer or a text sender. Never tell the informant
that the investigator already knows the information.
2. Rival-Elimination Informant – This kind mostly maintains
being anonymous. His purpose is to eliminate the rival
person or gang due to competition or other motives such as
revenge, etc.
3. False Informant – Usually reveals information of no
consequence, value or stuff connected with thin air.
4. Frightened Informant – He is prodded by fear or self-
interest in giving information to the police. He maybe one of
the lesser gang member who runs to the police when his
gang mates are about to be involved in dangerous
situations or when the gang he belongs is hot on the police
trail.
5. Self-Aggrandizing Informant – This kind of informant
moves around the centers of criminals, group or syndicate
and delights in surprising the police about bits of
information.
6. Confidential Informant - is a person who provides the
police with confidential information concerning a past crime
or a projected and planned crime.
7. Mercenary Informant – The informant has information for
sale. He may have been victimized in a double-cross or
little share in the loot or given a dirty deal and seeks
revenge as will as profit in his disclosure.
8. Double-Crosser Informant – He uses his seeming desire
to divulge information as an excuse to talk o the police in
order to get more information from them more than he
gives.
30
9. Women Informant – She maybe the female associate of
the criminals, who was roughed up, marginalized in the
deal or being eased out from the group.
C. MOTIVES OF INFORMANTS
a. Vanity – The motive is for self-aggrandizement
by gaining favorable attention and importance
by police.
b. Civic Mindedness – Those imbued with the sense of
duty and obligation to assist the police in their task.
c. Fear – It is the engendered illusion of oppression from
enemies or from impending dangers.
d. Repentance – Those lesser criminals such as
accomplices or accessories who will have a change in
heart to unburden their conscience.
D. THE INFORMER
An informer is a person who provides information to
the police on a regular basis. They are either paid regularly or
in a case-to-case basis, or none at all. They are cultivated and
established by the police on a more or less permanent
character and as long as they are loyal and useful to the police
organization.
E. CRITICAL AREAS IN THE DEPLOYMENT OF
INFORMERS
a. Places which are considered crime prone areas;
b. Places which are frequented by people such as
church, market, malls, etc.;
c. Within the ranks of criminal gangs or syndicates;
d. Associates, friends and relatives of criminals;
e. Places of hang-outs of criminals such as night
clubs, bars, hotels, billiard halls, etc;
f. Slums and residential places where criminals have
their contacts.
g. Any detention center where associates of the
subject are incarcerated. Arrangement should be
made to the administration of the jail/ prison
institution.
h. Places where criminals dispose their loots after
committing a crime.
VIII. BASIC SURVEILLANCE
A. Meaning of Surveillance, Surveillant, and Subject
 Surveillance is defined as the discreet observation of
persons, places and vehicles for the purpose of obtaining
information concerning the identities or activities of
criminals.
 Surveillant is the person who conducts the surveillance or
performs the observations.
 Subject is the person, place or vehicle being observed by
the surveillant.
B. Covert and Overt Surveillance
Covertsurveillance is the type of surveillance, which
is conducted to subject, who are unaware that they are under
surveillance. If the subject is aware that he is under
surveillance, the type is overt surveillance.
C. Fixed and Moving Surveillance
 Fixed surveillance is performed usually when
surveillance is directed to a particular building or premise.
The surveillant is immovable in place while observing
his/her subject.
 Moving Surveillance is performed by surveillant by foot
or with the use of transportation vehicles in observing the
subject.
D. Meaning of shadowing, tailing or roping
The term “shadowing” or “tailing” refers to the act of the
surveillant of following his subject to detect criminal activities, to
establish the association of subject, to find a wanted person
and many other purposes. While “roping” is a kind of
undercover work wherein surveillant assumes different roles
and identity inorder to obtain information.
E. THE PURPOSES OF SURVEILLANCE
1. get information on criminal activities as a basis of future
raid;
2. discover the identities of persons frequenting the place to
establish their criminal activities;
3. obtain evidence of a crime or to prevent the commission
thereof by arrest or raid;
4. establish legal grounds for the application of a search
warrant; and
5. arrest the criminal in the act of commiting the crime
(flagrante delicto).
F. PROCEDURES IN FIXED SURVEILLANCE
1. Using a room in a nearby house or building = Using
cameras with telephoto lens and powerful binoculars in
order to get pictures of subject, visitors and activities.
2. The use of listening devices and to record them.
3. Other surveillant may remain outdoor, posing as carpenters,
plumbers, or other means of communication will coordinate
their activities with those surveillants inside their
observation room.
31
G. TOOLS USED IN FIXED SURVEILLANCE
1. Binocular or telescopes
2. Movie Cameras with telephoto lens
3. Wire tapping device with tape recording apparatus.
4. Other listening devices
5. In case there is difficulty in wire tapping device, an expert in
lip reading must be employed.
H. PERSONAL APPEARANCE OF THE SURVEILLANT
1. Average height, built and general appearance of a person
that could easily mingle with the crowd without being
conspicuous
2. Adapt an inconspicuous clothes and jewelry.
3. Grooming and body accessories must blend with the crowd
to avoid.
4. Unnecessary attraction or attention or to avoid him being
fixed in the mind of a very observant person.
5. Avoid noticeable peculiarities in appearance and
mannerisms.
6. Give the appearance in attending strictly to his cover story.
7. Resourcefulness, alert, quick-witted, versatile so that he
has ready reasons or excuses once somebody accosts him.
8. A good actor by being able to avoid suspicion in an
embarrassing situation.
9. His cover story must be believable regarding his personal
appearance. If he acts as a vendor, he must look as one
without the display of manicured fingernails or attire at odds
with his fictitious personality.
I. PURPOSES OF FOOT SURVEILLANCE
1. To detect pieces of evidence regarding criminal activities;
2. To establish the associates of the subject;
3. To establish places frequented by the subject;
4. To locate the address or temporary residence of the
subject;
5. To locate a wanted person;
6. To protect witnesses or complainants;
7. As part of Background Investigation (BI) of a certain person
for a lawful cause in promotion, appointment or award; and
8. As a form of Loyalty Check and Life Style Check.
J. THE DON’Ts IN FOOT SURVEILLANCE
1. Never meet the eyes of the subject to avoid suspicion. If
the subject makes an abrupt turn, avoid a face-to-face
confrontation by looking elsewhere away from the face of
the subject.
2. Avoid lurking, sleuthing and creeping manner. Don’t lurk in
doorways, stalking behind the subject, crouch and sneak
around the corners. All of those will attract attention.
3. Don’t wear fiction story disguises, such as whiskers,
artificial noses or scars and faked deformities such as
limping, or artificial mannerism. To the amateur, the
ordinary street people could easily discover these disguises.
To the professional, although effective for a short time, will
not last long.
4. Never carry noticeable notebooks, brief case or other
objects. Don’t greet fellow officers or allow them to greet
you by way of signals like blocking the lips with a finger.
5. Don’t make entries or notes in your notebooks ostensibly or
displayed publicly.
K. PREPARATION FOR SHADOWING
1. If the subject is unknown to the surveillant, have somebody
to point to him or obtain a full and complete description of
the subject.
2. Have a complete background of the subjects such as
habits, haunts, social life and places frequented.
3. Surveillant should adapt his attire to conform to the place
where he expects to find the subject.
4. He should be casual and should not be apparently
centered on the subject. Avoid nervousness and haste.
Patience will count much.
5. Study the place and surroundings of the target as
illustrated in his mental map to include transportation,
entrances and exits and communication facilities. If he
loses the subject, he knows how to establish the trail again.
6. It is a must that the identity of the subject be known at the
start before embarking surveillance. This is important in
order that if there will be a violent confrontation, the
surveillant will be prepared.
L. THE METHODS OF FOOT SURVEILLANCE
1. One Man Shadow = It is conducted by one man alone in
shadowing a subject. The surveillant should establish the
contacts of the subject, place visited, girl friends and
confidants.
2. Two-Man Shadow = This is easier for the surveillants to
fully cover the subject. The method allows the exchange of
the positions of the shadowers inorder to avoid discovery.
3. Three-Man Shadow or ABC Shadow = The three
shadowers are represented as A, B and C. A is close to
the subject and follows him at a distance depending on the
pedestrian traffic. B follows A at the same distance of A to
the subject. If vehicular traffic is moderate, it may be
opposite him on the other side of the street. B and C turn in
occupying the position of A to prevent A from becoming
32
familiar and noticeable figure to the subject. Pre-arranged
signals are encouraged.
The advantages of this method are the following:
1. When the subject becomes suspicious of any of the
operatives, said operative could quickly drop out of the
shadowing.
2. If subject suddenly turns a corner , A may continue
straight ahead, instead of rushing to the corner and
anxiously looking for the subject. C then crosses the
street and follows the subject, to take the positions of A,
C, is in a position to view any sudden disappearance of
subject towards a door or building.
M. THE COMMON TRICKS OF THE SUBJECT
1. Test For Tailing = When the subject is conscious that he
is being tailed while about to board a public conveyance, is
to jump off the vehicle. If somebody also jumps off, he then
recognizes the shadower, which will be his basis for future
recognition.
2. Use Of Convoy = The subject employs other partners to
detect if he is being tailed. The convoy which may employ
the ABC method would be very easy to detect shadowers.
If the subject uses this, the shadower must be behind the
convoy and follow them instead.
N. TECHNIQUES IN AUTOMOBILE SURVEILLANCE
Atleast two or more cars should be used. Atleast two
persons should be assigned in one car. The second car should
follow the first car at a distance effective for tailing. The second
and successive cars should follow each other in the same
distance of the first car to the subject.
If only one car is used, It should follow the subject’s
automobile at a distance, which is effective to the purpose.
The manner of driving should be changed as often as
needed by alternating between the right and the left lanes. Pre-
arrange signals should guide the alternating car positions
behind the subject. This is done to avoid detection. If the
subject employs convoys of vehicles, this must be immediately
discovered so that the shadowing vehicles should be
positioned behind the convoys.
In parking the surveillance vehicles, it should be in the
next block. The building exists and the subject’s car should be
kept under close observation.
The occupants of the surveillance car should be at the
back sit and should remain inconspicuous. If considerable time
is waiting, they should leave the car and walk back and forth in
the street.

O. DISGUISING THE SHADOWER’S CARS
1. A popular type of ordinary or general use type of car
must be used so that the licensed plates are not
identified as belonging to the police department. Never
use government plates.
2. Security plates, colorum cars, rented cars, borrowed cars
may be used.
3. The appearance of the cars by various devices may be
used to change the appearance. Placing and removing
stickers on the windshields, attachments, re-
arrangements, change of the occupant’s clothes,
changing or removing hats, or changing the no. of
occupants.
4. Do not violate parking rules.
5. Never arouse suspicion by approaching the parking
positions surreptitiously.
6. Be in normal movement when leaving or returning to the
car.
7. Radio antennae should be concealed and radio volume
reduced.
8. In the turn over of shifts, avoid the fall-in briefing or
instructions. Written note should be turned to the
incoming surveillants.
9. Full data should be turned over to the incoming
surveillants.
10. Avoid using telephone repeatedly from nearby
establishments.
11. Do not display the appearance of anxiety or impatience.
Act naturally.
12. Do not loiter by reading newspapers in the lobby.
13. If the subject approaching glance him briefly in a casual
manner.
IX. BASIC UNDERCOVER OPERATION
A. UNDERCOVER OPERATION
 Undercover Operation is a police operation wherein the
investigator assumes a fictitious identity in order to
infiltrate the ranks of the criminals for the purpose of
obtaining information.
 Undercover agent is a person who conducts an
undercover assignment.
B. PURPOSES OF UNDERCOVER OPERATION
1. Counter Intelligence – Is a means to identify the double-
crossers. It includes the protection of its documents and
information that could affect a certain organization.
33
2. Gather desired information – Through undercover
operation, desired information through installation of
surveillance equipment may be collected as basis of
issuing warrant or conducting raid.
3. Conduct Loyalty Check – This is an investigation on
private or government employees who are security risk,
especially those involved in intelligence work.
4. Penetrating Subversive Organizations – This is a
clandestine means of entering the criminal syndicates or
gangs for the purpose of knowing their criminal activities
that can be used in their elimination.
5. Basis for Conducting Raid - The information obtained by
the undercover agents are direct, hence they are important
basis in the planning and in execution of future raids. The
agent is in a position to know the armaments of the
targeted criminals.
C. QUALITIES OF A GOOD UNDERCOVER AGENT
1. Temperament
2. Photographic memory
3. He must be able to adapt himself in the field of hid
assignment. .
4. A good actor and a psychologist
5. Knowledge that is above to ordinary in terms of general
information and the varied ways of life, profession and
occupation.
D. SPECIFIC TYPES OF UNDERCOVER ASSINGMENT
1. Workplace Assignment – A type of undercover
assignment where agent may be employed as janitor or
any other work.
2. Social Assignment – This refers to places of amusements
such as bars, nightclubs and other places of entertainment
where the subject frequents.
3. Subversive Organizations – The target here is a
syndicate or organization. The agent must know the
ideologies of the organizations in order that he could suit
his philosophies and actions while inside the said
organization.
4. Residential Assignment - This concerns the
neighborhood of the suspect where he will fit himself as a
new resident without generating suspicion.
5. The Fictitious Personality - The preparation should
include the fictitious background of the undercover agent.
E. DON’TS IN THE UNDERCOVER ASSIGNMENT
1. Don’t Drink too Much
2. Don’t Court Women
3. Don’t Utilize Women Agent
4. Do not brag
5. Do not Spend too much
F. MEANS OF CONTACT WITH THE HEADQUARTERS
1. Telephone or Cellular Phone= Utmost secrecy must be
the guidelines in calling headquarters.
2. Secret Meetings = They are pre-arrange to pass important
and vital messages which should be immediately acted
upon.
3. Coded Messages = The coded messages should be
written in inconspicuous writing materials such as napkins,
wrappers which are discarded or anything that could be
used for the purposes.
G. TRACING AND ARRESTING THE CRIMINAL
Several methods in tracing the locating the suspects are
employed by the law enforcers, some of the methods are the
following:
1. By Informers - The informers must be given the picture of
the criminal together with his last known address and
acquaintances or his possible hang outs.
2. By Informants - Informants must be contacted with the
possible information as to the whereabouts of the criminal.
3. Grapevine sources - These grapevine informants or
informers have easier access to the underworld where vital
information could be gathered as to the whereabouts of the
particular criminal.
4. Tailing the wife, relatives and friends of the criminal
who will deliver provisions to the hiding place.
5. Using children of the same age as that of the children of
the criminal whose whereabouts could be unwittingly
disclosed by the children.
6. Courting the girlfriend of the criminal by showing them
with gifts and passionate love. Money and love have
proven in the past as the major consideration of betrayal.
7. Harassing the associates and friends of the criminal
with investigation of their shady deals. They will give the
desired information in exchange for peace, or by
34
befriending or helping them to get out of the mess of minor
violations of law.
8. Interrogation of arrested criminals known to the
subject. The criminals must be interrogated with false
information that the one responsible for their arrest are the
information coming from the criminals being sought.
9. Use ofbloodhound dogs or K-9. Are used to track down
the suspect in squatters’ areas, open field or wooded
terrain.
10. Considering ethnic origin of the criminal. If the criminal
is from Nueva Vizcaya, there is a great possibility that they
will go home to their provinces thru pier or airports.
11. Beware of disguises. Disguises maybe employed by the
criminal. Many suspects had eluded police cordon or
dragnet by pretending to be abnormal person greased with
the dark oil and acting the mannerisms of the abnormal.
12. Publication of Rewards. This maybe done through the
different media (Television, Radio, and Newspaper) that
may lead to the capture of the criminal. A weeklong
publication together with the criminal’s picture will pay off.
13. Corrupting with money the known associates of the
criminal. If the agent found money to be effective in exchange
of very important information that may provide resolution to the
case under investigation, then offering money could help. In the
underworld, money talks louder than other things.
X. ARREST, SEARCH and SEIZURE
A. DEFINITION OF ARREST and SEARCH
 ARREST came from the Latin word “arrestare” which
means “cause to stop” and “restare” which means
“stay behind”. These terms were used as early as during
the 14th century. (Microsoft® Encarta® 2008. © 1993-
2007 Microsoft Corporation).
 SEARCH was derived from the Anglo-Norman word
“searcher,” Old French cerchier which means “to
explore,” Latin word “circare" which means “go around
in circles.” (Microsoft® Encarta® 2008. © 1993-2007
Microsoft Corporation).
B. RELATED TERMS:
 Warrant of Arrest is an order in writing issued in the
name of the People of the Philippines, signed by a judge
directed to a peace officer, commanding him to arrest the
person designated and take him into custody of the law in
order that he may be bound to answer for the commission
of an offense.
 Alias Warrant refers to the warrant of arrest issued by a
judge to the peace officer after returning the original
warrant of arrest after the lapse of the 10-day validity
period.
 Search Warrant is another order in writing issued in the
name of the People of the Philippines, signed by the judge
and directed to a peace officer commanding him to search
for personal property and bring it before the court.
 John Doe Warrant (Richard Doe/ Jane Doe) is a warrant
containing no specific name of person to be arrested but
only descriptions based from the testimonies of the
victim/s or the witnesses/es. It contains the physical
description of the accused as well as other factors to be
considered for the identification of the accused (Sadili &
Pena, 1998).
 Arrest is the actual taking of a person or persons into
custody by an authority in order that he/they may be
bound to answer for the commission of an offense.
 Search is the act of examining documents, papers and
effects.
 Complaint is a sworn written statement charging a person
or a group of persons of an offense that is subscribed by
the offended party such as the victim/s of the offense
committed, or any other peace officer charged with the
enforcement of the law violated.
 Information is an accusation in writing charging a person
or a group of persons of an offense that is subscribed by
the prosecutor or fiscal. It is substantiated on oath and
includes the name of the party, the offense committed,
facts of the offense and other factors relevant
(Curton,1989) .
C. PROPERTIES THAT ARE SUBJECT TO SEIZURE
 Subject of the offense;
 Stolen or embezzled properties;
 Proceeds or fruits of the offense; and
 Property used or intended to be used as means for the
commission of an offense.
D. INSTANCES OF WARRANTLESS ARREST (Rule 113 Sec.
5, Rules of Court)
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1. When, in his (peace officer) presence, the person to
be arrested has committed, is actually committing, or
is attempting to commit an offense.
2. When an offense has just been committed and he
(peace officer) has probable cause to believe based
on personal knowledge of facts or circumstances that
the person to be arrested has committed it.
3. When the person to be arrested is an escapee.
4. When the right is validly waived.
E. INSTANCES OF WARRANTLESS SEARCH
1. Consented Search
2. Search is incidental to a lawful arrest
3. Search in violation of tariff and custom laws
4. Plain view Doctrine
5. Search of Moving Vehicles
6. Inspection of buildings for fire and sanitary regulations
XI. THE CRIME SCENE: METHODS OF SEARCH and
SKETCH
A. DEFINITION OF CRIME SCENE AND CRIME
 Crime scene is said to be the “treasure island”, when it
comes to criminal investigation. It is because pieces of
evidence are mostly found in the crime scene, which are
very relevant for the solution of the crime.
 Crime is also defined as any act or omission punishable
by law forbidding or commanding it.
B. Some of the suggested procedure for a team of
responders are the following:
1. The Means of Reporting - Refers to the method of
reporting the crime whether it reached the station through
phone call, personal appearance or others means.
2. The Time of Report - The exact time of the report to
include minute must be recorded.
3. The Receiver of Report - The identity of the one who
received the report in the station must be properly noted.
4. The Time of Dispatch - The time when the Desk Officer
dispatches the investigator/s is also recorded, together with
the names of the investigator, with the means of
transportation, either by mobile car, taxi or other means.
5. The Time of Arrival -The time of arrival of the investigating
team at the crime scene should be noted. The situation in
the area should also be noted whether it is windy, rainy,
sunny or any other description of the climate in the
immediate area.
C. INITIAL STEPS IN CRIME SCENE PROCESSING
The members of the investigating team, upon arrival at the
crime scene should do the following:
1. The master note taker shall take note the date, time of
arrival and weather condition (rainy, windy, sunny or any
appropriate weather description).
2. Cordon the crime scene- This includes the use of the
“Police Line” to prohibit the entry of unauthorized persons
inside the crime scene. Rope can also be used in
protecting the scene of the crime. Deputizing responsible
persons by the investigators can be done also when
necessary to protect the scene.
3. The Team Leader will make a preliminary survey at the
crime scene.
4. Command post shall be established nearby or adjacent
the scene.
5. The Team Leader after the preliminary survey will
conduct briefing among the responding team members.
6. Photographer takes pictures of pieces of evidence.
7. The searchers may enter the crime scene to find for
pieces of evidence and identifying them with flaglet, chalk
or other marking tool or device.
8. Photographer re-enters the scene to photograph
identified pieces of evidence.
9. The measurer enters the crime scene to measure
distances of the pieces of evidence.
10. The pieces of evidence shall now be collected, marked
(with initials, date and time and case if possible) and
preserved with available containers.
11. Pieces of evidence shall be submitted to the command
post for inventory.
12. Fingerprint dusting may now be done to suspected areas.
Dusting could be made simultaneously to save time and
to develop good prints.
13. The team leader shall make the final survey of the crime
scene.
14. Debriefing and proper accounting of the pieces of
evidence shall be made.
D. OTHER STEPS TO BE DONE IN THE CRIME SCENE
INVESTIGATION
1.Identify and retain the person who first notified the police
for questioning.
2.Determine the suspect by direct inquiry or observation.
3.Detain all people present at the crime scene.
4.Safeguard the area by issuing appropriate orders.
5.Separate the witnesses in order to obtain independent
statement.
6.Summon assistance from responsible persons if necessary.
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E. ASSIGNMENT OF DUTIES OF THE RESPONDING
OFFICERS:
1. Team Leader – The one who directs the processing of the
crime scene.
2. Assistant Team Leader – The one who implements or
executes the order/s coming from his/her superiors.
3. Photographer – Takes photograph of all pieces of
evidence that are relevant to the crime committed.
4. Sketcher – Make sketches of the immediate, background
and inside the scene of the crime.
5. Master note taker – The one who writes down in short
hand all observations at the crime scene such as: weather
condition, time of dispatch and time of arrival at the crime
scene and other relevant data that’s should be taken down
note.
6. Evidence Custodian – The one in charge in the collection,
preservation, tagging of the articles of evidence found at
the crime scene.
7. Measurer – Makes all relevant measurements of the scene
such as: the distance of the body of the victim to the
firearm used; in motor vehicle collision, the distances of the
two vehicles to the points of references.
F. SOME MATERIALS NEEDED IN RESPONDING TO A
CRIME:
1. Searching Materials – Examples: flashlights, magnifier,
etc.
2. Sketching Materials –Examples:chalk, graphing paper,
sketching pad, clipboard, paperboard, pencil/ ballpen, etc.
2. Measuring Materials – Examples: compass, tape measure,
ruler, etc.
3. Recording Materials – Examples: tape recorder, video
recorder, etc.
4. Collecting Materials – Examples: such as cutting fliers,
knife, screw device, dropper, forceps, fingerprinting
equipment, etc.
5. Preserving Materials –Examples:bottles, envelopes, test
tubes, evidencetags/ label, etc.
G. THE DIFFERENT METHODS OF SEACRHING CRIME
SCENE
1. Strip/ Line Method - The searchers (A, B, and C) proceed
slowly at the same pace along the path parallel to one side
of the rectangle. At the end of the rectangle, the searchers
turn and proceed back along new lanes but parallel to the
first movement.
2. Double Strip or Grid Method - Is somewhat similar to 4. To assist the prosecutor and the judge in
Strip Method, the rectangle is traversed first parallel to the understanding conditions at the
bas and then parallel to the side. 5. crime scene;
3. Spiral Method - There are two types of this method of 6. To supplement photographs;
searching the crime scene depending on where the 7. To assist in questioning of witnesses and suspects.
searchers will begin the search, either from outside or
center of the scene. The searchers follow each other while J. PARTS OF SKETCH
searching pieces of evidence from the crime scene. The following are parts of sketch that is usually
4. Wheel/ Spoke Method - This type of searching the crime practiced by the Philippine National Police (PNP).
scene is applicable to areas which are somewhat circular in 1. Title – it refers to the crime committed or the incident
size or area. The searchers shall assemble at the center of happened such as vehicular accident, homicide case,
the crime scene, then simultaneously searching the crime drowning, rape case and others.
scene outward. 2. Body – refers to the sketch proper to include the
position of the victim and other items in the crime
5. Zone or Sector Method - The area to be searched is
scene. It includes proper measurements of distances
divided into quadrants and each searcher or a group of
of objects in the crime scene.
searcher is assigned to the quadrant.
3. Compass direction (orientation) - A standard arrow
to indicate the north direction. To find the north without
H. Meaning of sketch and sketching
compass, determine the east where the sun rises.
 Sketch is the graphic representation of the scene of the
Facing east, your LEFT SIDE is the north direction.
crime with complete measurements of the relative
4. Nature of case – refers to the status of the case
distances items or objects. Sketch includes scales,
whether currently committed or days have passed
with important dimensions at the scene being shown to a
after its discovery.
good degree of accuracy.
5. Location of incident – refers to the place where the
 Sketching refers to the process of recording of
incident happened.
information with respect to its location, position,
6. Date/time of incident – refers to the exact time and
measurement, orientation and details of findings in a
date of the incident. This can be gathered through
sketch pad through symbols, arts and figures.
interview from eyewitnesses and other persons in the
area.
I. The General Kinds of Sketch
7. Name of victim – the part of the sketch where name
1. Rough Sketch is the sketch made by the
of the victim is written
investigator at the crime scene which is full of important details
8. Name of suspect – refers to the part of the sketch
but without the scale of proportion. This is used as the basis
where the name of the suspect is written.
for the finished sketch.
9. Legend = This is usually placed at the bottom of
2. Finished sketch is the sketch with a scale of
sketch outside the sketch of the scene. Numbers
proportion and drawn by a draftsman which can be used for
represent the objects in the crime or letters in order
court presentation.
not to unnecessarily crowd the graphic presentation.
Their descriptions are found in the legend.
 Legally speaking, for a sketch or diagram to be
10. Signatory – the part of the sketch where the name of
admissible in court, it must have the following descriptions:
the sketcher and the team leader or the officer in
1. part of some qualified testimony;
charge are written and signed.
2. relate the observed situations in a crime scene;
11. Date and time- refers to the exact time the sketch
3. express or represents the crime scene correctly.
was made.
The following are reasons of making sketch:
K. SOME ESSENTIAL ELEMENTS OF SKETCH
1. To refresh the memory of the investigators.
1. Measurements = This is the element of sketch
2. To express the precise location of objects and their
wherein measurements are shown in the sketch to show
relationship to other
accurate spaces and distances of relevant objects to their point
3. objects and its surroundings.
of reference.
37

2. Essential Items = All items in the scene must be included.
Never decide outright that some items are irrelevant.
3. Scale Of Proportion = It is the element of the finished
sketch. It is the essential of the finished sketch to the actual
size or measurements at the scene.
4. Victim and Suspect identification =This includes the
name of the victim. Other identification data may be
included if available such as: birthdate and birthplace.
5. Time and date = It includes the exact time of the
preparation of the sketch but most importantly the time and
date of the occurrence of the crime should be recorded.
L. THE SPECIFIC KINDS OF SKETCH
1. Sketch of Locality – It deals with the vicinity of the crime
scene in relation to the environs, to include neighboring
buildings, structures, or means of access leading to the
scene.
2. Sketch of Grounds – This is the kind of sketch which
illustrates the scene of the crime with the nearest physical
surroundings, such as the room adjacent or opposite the
room of the crime scene, the number of floors of a
building or house, the yard and the other natural structures.
3. Sketch of Details – It includes the positions and exact
locations of the physical evidence in the crime scene.
4. Cross Projection (Sometimes called Exploded view or
Bird’s eye view)– It also describes the immediate scene
only, specifically inside a room as the scene of the crime.
XII. INFORMATION AND PHYSICAL EVIDENCE
A. DEFINITIONS OF CRIMINAL LAW
 Criminal law is defined as that branch of the municipal or
substantive law which defines crimes, treats of their nature,
and provides for their punishment.
 Felonies are acts and omissions punishable under the
Revised Penal Code (RPC). Felonies are committed not
only by means of deceit but also by means of fault.
 Deceit (dolo) when the act is performed with deliberate
intent
38
 Fault (culpa) when the wrongful act results from
imprudence, negligence, lack of foresight, or lack of skill
(Article 3, RPC).
 Offense-If the act is punishable by special statute using
the term interchangeably is unpardonable technical error
and a show window of lack of basic knowledge in criminal
law.
B. FORMS OF INFORMATION
1. Sensory form – This is the form of information wherein
information was acquired through the five senses: eyes,
ears, nose, tongue and hands can perceive the
manifestation of criminal event.
2. Physical form – The form of information that can give
information to the person because of its physical
appearance. The information may actually be in physical
(real) form, physical objects w/c proves upon evaluation to
be a clue in investigation.
C. CLASSES OF EVIDENCE
1. Testimonial Evidence – most common form of evidence
obtained by interview and interrogation of which witnesses
smell, hear, taste and touch are being described through
oral and written testimony.
2. Documentary Evidence – are writings, including official
records, or contents “could speak for themselves” when
read by the investigation and the court. They may be
collected through voluntary relinquishment or by a
Subpoena Duces Tecum (court order) which compels the
party to bring the records to the court.
3. Physical/ Real/ Object Evidence – are physical objects
used as evidence w/c are obtained through searches at the
scene of the crime. Articles and material found in
connection with investigation, which aid in establishing the
identity of the perpetrator.
D. KINDS OF PHYSICAL EVIDENCE
1. Corpus delicti – objects/substances which are essential
parts of the body of the crime.
2. Associative evidence – evidence which links the suspect
to the crime scene or offense such as fingerprints & shoe
prints.
3. Tracing evidence – article w/c assist the investigation in
locating the suspect such as ID and other personal
documents (birth certificate, diary) that may identify the
person concerned.
4. Circumstantial evidence – Identification is being E. EVIDENCE is the means, sanctioned by these rules, of
established indirectly by proving other facts or ascertaining in a judicial proceeding the truth respecting a
circumstances from which, either alone or in connection matter of fact (Sec 1, Rule 128, Rules of Court).
with other facts. The identity of the perpetrator can be
inferred. KINDS OF EVIDENCE:
Considering the kinds of evidence written in the Rules
of Criminal Evidence, the following are included:
1. Direct evidence 7. Corroborative evidence
2. Circumstantial evidence 8. Cumulative evidence
3. Primary evidence 9. Prima facie evidence
4. Secondary evidence 10. Conclusive evidence
5. Positive evidence 11. Relevant evidence
6. Negative evidence 12. Material evidence
13. Competent evidence 16. Testimonial evidence
14. Object (real) evidence 17. Substantial evidence
15. Documentary evidence
talk about. Below are brief descriptions on the three elements
F. BURDEN OF PROOF of crime.
Presented below is a summary on who shall have the
burden of proof on the different given situations: Intent
SITUATION WHO SHALL HAVE THE BURDEN OF PROOF?

1. Alibi Defense The burden of proof lies on the suspect. CRIME Op

Instrumentality
He who introduces and presents the document as evidence has the burden of
2. Authenticity of proof to prove its authenticity.
document H. THE GENERAL TYPES OF SUSPECT IDENTIFICATION
1. Positive
The regularity of its execution is presumed in law. TheIdentification
confessant– this
has usethe information that identifies
3. Confession burden of proof to prove otherwise. an individual beyond question and is legally acceptable as
pertaining
In all criminal prosecution, the burden of proof is on theto prosecution
and originating
to provefrom a particular individual.
4. Corpus delicti the corpus delicti. Examples are the following:
The accused has the burden to prove that he isa)insane Information developed
at the time when he after comparing questioned
5. Insanity committed the crime. with inked fingerprints;
As a rule, the accused has the burden of prove thatb) Result
he of
is DNA analysis
covered by the of blood and semen
2. Tracing
exemption of criminal culpability. An exception to Identification
the rule is a part– thisof involves
the the use of all other
6. Exempting information that
description of the offense in which case, the prosecution has the burden to
circumstance prove otherwise. maybe indicative of the personal identity of an individual.
The burden of proof is on the part of theExamples
accused whoincludeprofesses self-defense
7. Pleaseof self- as a justifying circumstance. the following:
defense a) Description of witnesses as to the appearance of
culprits;
8. Place of The burden of proof on the prosecution
b) Information about the presence of a suspect’s
commission of
personal belongings at the crime scene.
crime
The accused has the burden to prove sufficient provocation on the part of the
I. REASONS FOR GOING BACK TO THE CRIME SCENE
9. Provocation offended party when the crime was committed.
In some instances, crimes are committed during nighttime and
the investigator arrives at the scene at daytime due to late of
G. THE ELEMENTS OF CRIME discovery or delayed report about the commission of a crime.
Intent/Motive, Opportunity and Instrumentality are the The investigator goes back to the scene at the exact time when
elements of crime. Without these elements, there’s no crime to the crime occurred, in order to see for himself the order of
39
things at that precise moment. His note of concern shall be the
lighting conditions, the distance of normal
visibility, the volume of pedestrian and vehicle traffic and other
things and conditions relevant to his investigation.
The other reason is that during the progress of the
investigation, new matters may crop up which maybe
inadvertently considered irrelevant during the crime scene
investigation. Thus, there is a need to go back.
J. VALUE OF THE PROCESS
Having first personal knowledge of these facts, he
could use them to confront lying, exaggerated or half-truth
narration of witnesses and the admission and confessions of
suspects. These are potent tools against wayward confessions
or admissions.
K. OTHER SOURCES OF INFORMATION
1. Government Records – Police files, NBI files, Bureau of
Immigration files, COMELEC files, files from the local jails
and the National Bureau of Prisons and other government
agencies.
2. Private Records – From private offices and business and
non-government organizations.
3. Intercepted Messages – From telephones, cellular phones,
radio telecommunications and other means of
communications.
4. Records of the Firearms and Explosive Unit concerning
licensed holders of firearms and authorized possessor of
explosives.
5. Fire Busting – Tracing the chain of possession a firearm,
from the manufacturer, distributor, seller and to the last
processor. This could be done through the files of the FBI
and other US police agencies.
6. Stored Data on Computers and Cellphones – Only
experts must be employed to retrieve these stored data.
L. RULES ON COMPUTER EVIDENCE
The following are strongly suggested when evidence involved
computers that may contain very important stored data:
1. When the computer is OFF at the time of arrival, do not
turn it on.
2. When it is ON, do not turn it OFF nor touch its mouse or
keyboard.
3. The unplugging of the computer whether it is ON or OFF
should be done by pulling out the cable directly from the
back of the Central Processing Unit.
4. Each unplugged cable should be marked in the same
marking corresponding to the socket from where the cable
was unplugged.
5. The computer should be carefully handled and packed for
transport to the police station.
40
6. Only computer forensic expert should search for any
information or evidence contained in the hardware.
7. The expert should duplicate the computer and the evidence
custodian for future court presentation should keep the
original. Search and analysis must be undertaken using
the image disk.
XIII. HOW PHYSICAL EVIDENCES ARE COLLECTED,
MARKED,
TAGGED AND PRESERVED?
A. COLLECTING, MARKING, TAGGING AND PRESERVING
EVIDENCE
In the process of investigation, the responding team
members should be knowledgeable on the proper actions to be
done on specific kinds of evidences found in the scene of the
crime. To give you some information on the proper methods,
the following must be observed:
1. COLLECTING EVIDENCE – All items that were found in the
crime scene should be collected. The collecting officer should
not decide whether a certain item is relevant or irrelevant. Small
pieces of evidences also must have to be given importance,
thus collecting them is necessary.
In collecting firearm as evidence found in the crime
scene, cautious action should be employed. The firearm should
be lifted using string or handkerchief in its trigger guard to avoid
destruction of possible latent prints in the firearm.
Liquid evidences such as blood, mucous, urine and
other body fluid can be collected using dropper and stored in a
sealed container to maintain the same physical nature as found
in the crime scene. However, clotted blood and other hardened
evidences can be collected by scraping with the use of any
available instrument. Samples are very important for laboratory
testing.
2. MARKING EVIDENCE – As evidence is collected, it is
individually marked with the initials of the investigator. The
marking tool depends upon the nature of the evidence. If it is a
hard object such as metals, the initial are scratched or
engraved by the use of sharp-pointed steel, which is called
stylus.
Methods of Marking Specific Evidence
1. Revolvers must be marked separately on the BARREL,
FRAME, and CYLINDER. Tape should also be put
around the bore and the frame of the gun with
signature of the investigator.

2. Pistols must be marked on the BARREL, UPPER
RECEIVER, FRAME AND MAGAZINE. Tape must also
be put around the gun with signature to avoid changing
the parts of the gun that may affect the result of
laboratory examination.
3. Rifles should be marked on the BARREL, FRAME,
MAGAZINE, BOLT OR SLIDE. All magazines and
accessories shall also be marked.
4. Revolver Cylinder – Aside from the mark on the
Cylinder, the CHAMBER facing the firing pin must
be marked as soon as it is opened for examination. A
drawing must depict the chamber facing the firing
pin, the respective position of the fired empty shells,
misfired or dud cartridges. A detailed
examination on the respective position of this evidence
could make or unmake a claim of self-defense.
5. Fired Empty Shells, Misfired Cartridges – Strictly
regulations say they must be marked inside/outside the
mouth of empty shells. It is nearly impossible to mark
them inside the mouth, especially .22 caliber shells. But
they could be marked on the side of the body of the
shells, not on the base.
6. Bullets/ Slugs/ Balls – A bullet or slug can be marked
on the ogive or nose aswellasinthe base. The initials of
the investigators and/ or date should be marked on those
parts so that the rifling (land and grooves) found in the
bullet or slug will not be disturbed because they are very
important for laboratory examination.
3. TAGGINGEVIDENCE - Evidence which by their
nature could not be marked on each surface such
as blood, hairs, fibers, are placed in the plastic container where
that container is then marked, we call such practice as tagging
the physical evidence with the use of card where the initials of
the investigator, date and time of collection, specific case and
other information can be written.
4.PRESERVING EVIDENCE – Perishable material should be
preserved by the way or the preservation in order that they will
reach the court in the same physical condition as when they
where collected from the crime scene. This is the work of
laboratory technician.
Chain of custody is the number of persons who handled
and possessed the pieces of evidence the moment that they
41
were collected, marked and tagged, up to the time of the final
disposition of the case.
XIV. INTRODUCTION TO CRIMINALISTICS
INSTRUMENTATION - is the application of instruments and the
laws of physical sciences in the investigation and detection of
crimes and criminals. This is otherwise known As
Criminalistics. The persons applying the forensic sciences in
crime detection are sometimes called Forensic Detectives.
1. POLYGRAPHY OR LIE DETECTION TEST = Up to now,
there is no judicial ruling as to the admissibility of the result
of polygraph examination. But as a part of police
investigation, it is admissible at that point. Hence, the use4
of this science as part of criminal investigation is admissible
as police procedure. William Marston is considered the
father of modern polygraphy.
2. POLICE PHOTOGRAPHY = The photograph of the crime
scene and the pieces of evidence thereat are real
evidences because they are addressed to the senses of
the court. Motion pictures taken during bank heist are
important in the prosecution of criminals.William Henry
Fox Talbot, Joseph Nicephore Niepce and Jacques
Mande Daguerre are considered the pioneers of
photography. They were the individuals who spread the
photographic process that was patented by them.
3. FORENSIC CHEMISTRY = It involves the use of the
science of chemistry in the examination of fibers, hairs,
powder burns, blood, stain, paints, poisonous substances
and other matters in their relevance to the investigation.
The Forensic Toxicologist determines the qualitative and
quantitative poison that may have caused the death and he
alone is the authority concerning poisons.
4. FORENSIC MEDICINE = The Forensic Pathologist
examines the cadaver of a person thru an autopsy inorder
to determine the cause of death as one of the elements of
corpus delicti. This science could also approximate the time
of death and other pertinent and relevant matters in the
investigation. Based on history, the father of forensic
medicine is Paulus Zacchias.
5. FORENSIC BALLISTICS or FIREARMS
IDENTIFICATION = This is the science of firearms
identification. In crimes involving the use of firearms, the
bullets ad shells found at the scene of the crime are
compared microscopically with that of the suspected
firearms. A firearm has its own individual characteristics
 different from others with the same class characteristics.
When there are identical findings, the conclusion is that the
ballistics evidence found at the crime scene was fired from
the same firearm. The comparison microscope and other
instruments are used in firearm identification. The father of
forensic ballistics is Col. Calvin H. Goddard.
6. DACTYLOSCOPY or PERSONAL IDENTIFICATION =
This is otherwise known as the science of fingerprint
identification is one of the means to identify the suspect or
unknown cadavers. It is based on the fact the no two
persons have the same or identical fingerprints.
Fingerprints have their own individuality and immutability.
Edward Richard Henry is considered the father of
fingerprinting in the world since his work has a great
influence to several law enforcement agencies not only
in the Philippines but to other countries. The fingerprint
system that the Philippines is using is the combination of
Henry-Galton and the FBI System with modification and
extension.
7. QUESTIONED DOCUMENTSEXAMINATION = Suspected
forged or falsified documents are subjected to animation by
the Questioned Document Expert to establish if there is
alteration, superimposition, or erasures, either mutually or
chemically. A Forensic Chemist assists the expert if there is
the use of chemicals in the forge4ry or falsification. Albert
S. Osborn published his book entitled “Questioned
Documents” that made him the most influential person on
that field and making him the father of Questioned
Documents.
8. FORENSIC ODONTOLOGY = The remove of dentures are
of paramount importance in the identification of unknown
bodies especially when other means of identification is lost
due to burning or extremely advanced state of
decomposition. The Forensic Dentist are the ones who
conduct examination of dentures for the purpose of
identification.
9. FORENSIC PSYCHOLOGY = This is a very recent science
in the field of criminal investigation and detection. In the
website of the FBI, the crime scene is examined by the
Forensic Pathologist and from there, he could describe the
unknown criminal, his deformities, height and even his way
of living. In some cases, solutions were done with this new
science.
10. FORENSIC COMPUTER TECHNOLOGY = This is the age
of advanced information technology. Every human
transaction today is with the use of these technologies.
42
A new expert in the field of investigation and detection is
the Forensic Computer Technologist who is now added to the
list of experts in their own field of studies.
MODERN DISCOVERIES OF INSTRUMENTATION:
1. DNA (DEOXYRIBONUCLEIC ACID) = DNA
Fingerprinting is considered to be the ultimate
identification test in the conduct of criminal
investigation. It provides 100 percent positive
identification of a suspect whose blood, semen and/or
other DNA-bearing body tissues of fluids were found at
the crime scene or with the victim.The discovery in
genetics is that no two persons have the same DNA
profile, except the identical twins.
The father of DNA is Sir Alec Jeffreys who
discovered this branch of genetics in England. The
DNA of an individual is formed by a combination of the
DNA’s of the father and mother.
The DNA profile is like a bar code that is found in every
commercial product, printed on their package, wrapper, box,
or container.
2. HAIR EXAMINATION = The roots of the hair when
examined under this new technology will determine the
presence of drugs taken by the person two years prior
to the said examination.
3. AUTOMATED FINGERPRINT IDENTIFICATION
SYSTEM = A questioned fingerprint is feed into the
AFIS machine which will automatically search the files
of fingerprints and renders report in matters of seconds.
4. GLOBAL POSITIONING SYSTEM (GPS) = This is for
the effective identification on the location of criminals
and objects thru modern and special gadgets. It points
out the exact location of the subject or the person who
committed the crime.
UNIT I. Introduction to Special Crime Scene Investigation
Unlike other ordinary crimes there are some crimes
that need special attention with regards to the investigation
process and procedures. The subject aims to provide additional
knowledge on crimes that are in need of special treatment.
A. Reason of studying special crime scene investigation
As mentioned there are crimes that cannot be
ascertained by simple glance at a wise investigator that uses its
good senses in coming up with a concrete and possible truth 2) The right to counsel
and could led to the solution of crime. 3) The right to be informs of the
nature cause of the
The need for special crime investigation as a subject will deal accusation
on how to:
What is the legal consequence if an arrested person under
 Recognize the job of an investigator and its custodial is deprived of the fore stated constitutional
responsibilities; rights?
 Understand special cases of crimes and its elements and
be able to appreciate the need of special techniques as Any testimony of statement taken from the arrested
result of special training on investigation; per- son who is deprived of the three constitutional rights be in
 Demonstrate the techniques and procedures in the admissible as evidence in the Courts of Justice,
investigation of special cases involving persons, properties
and other cases; On the other hand, the investigator may be held
 Organize crime scene investigation, crime scene search,
crime scene sketch and care of physical evidences; criminally liable for violation of' law.
 Categorize the methods used in identification of the
deceased; UNIT II. Crime and the Investigator
 Apply the proper documentation, collection handling and
A. Crime defined
preservation of evidence to preserve its value;
 Document a crime scene investigation involving special
An act committed or omitted in violation of a public law
cases and apply them in their chosen profession.
forbidding or commanding it.( legal definition)
B. Concepts and Definition of terms
An act which go against the norms of the society or an anti-
Criminal investigation Defined social act.( sociological definition)

Criminal Investigation is an art which deals with the Acts that are caused by maladaptive or abnormal behavior.
identity and location of the offender and provides evidence of (psychological definition)
his guilt through criminal proceedings. Inasmuch as it is not a
B. Desirable traits of the investigator
science, it is governed by rigid rules or laws but most often, it is
governed by institution, felicity of inspiration and to a minor 1.1 Good reasoning ability
extent by chance.
1.2 Imagination and curiosity
A criminal investigator is a person who is charged with
1.3 Intuition
the duty of carrying on the guilty and provides evidence of his
guilt. 1.4 Observational skill

C. Objectives of crime scene investigation 1.5 Psychosocial skill

What is the exception to the general rule that a criminal 1.6 Competence and intelligence
investigation is not a science but an art?
C. What is the primary job of an investigator in order to
The exception to the general rule perhaps is the 1987 determine whether or not an offense has been committed
Constitution which states among other things, that an arrested under the law?
person under custodial investigation is afforded with the three
Primarily, the job of an investigator is to discover
Constitutional rights. Such as:
whether or not an offense has been committed under the law,
1) The right to remain silent
43
after determining what, after determining what specific offense
has been committed. He must discover How it was committed,
By whom was it committed, Where was it committed, When
was it committed, and under certain circumstances, Why was it
committed.
D. Qualities of a good investigator
What are the five (5) qualities of a good investigator?
The five qualities of a good investigator are:
a. The ability to preserve or stick to task in spite of
the monotony and the many obstacles which
surrounds it.
b. He must have certain abilities and intelligence
which would enable him to acquire information
easily and readily and to use this information
truthfully. He should have the capacity to think
through situations. The investigator must be as
intelligent as the offender
c. He must be honest. He must be incorruptible and
must possess personal integrity. The investigator
will be subjected to all kinds of temptations:
physically, emotional and material. Temptation to
gain will be continuously present and he must be
able to recognize and resist it.
d. He must have an understanding of the people and
the environment in which he lives. He must know
the weakness and strength of people, so that he
can use them to his advantage, particularly during
interrogation. Knowledge of psychology of human
behaviors is essential to the investigator. The
investigator should be aware of the factors of the
social pattern that contributes to the kinds of
behaviors exhibited by the individual.
e. He must have a keen power of observations and
accurate description. Observation implies a clear
mental picture of what is seen. It requires a seeing
of detail, a study of detail, and recognition that the
whole picture is composed of many details. A good
investigator must observe them accurately and
completely. He must train himself to observe and
perceive persons, places, things, and incidents as
44
they really are. He must be trained to see and to
record. He must be trained to see and to record
facts and must practice observing and recording
facts, observation without the complimentary ability
of description is valueless in investigation work.
The investigator must learn to describe what is
observed. The accurate and all inclusive
observation by the individual is meaningless to all
even to him unless he can tell clearly and precisely
what was seen.
E. Phases of Criminal investigation
1. Preliminary investigation
2 . In-depth investigation
3 .Concluding investigation
F. Actions to be completed in the preliminary investigation
INITIAL STEPS IN CRIMINAL INVESTIGATION (the
golden rule)
The rule is “Do not Touch or Move any Object.” What should
then the primary job of an Investigator before applying this rule?
The investigator upon his arrival at the scene of the crime
should consider the following two important steps before he
touches or moves any object.
a) If the victim is still alive, the investigator should try
to gather or acquire information from the victim
himself with regard to the surrounding
circumstances of the crime, while calling for
assistance for an ambulance from the nearest
hospital. Then, measure, sketch and photograph
the crime scene immediately after the victim is
removed and brought to the hospital for medical
assistance.
b) If the victim is dead, the body should be removed
only after the crime scene is measured, sketched
and photograph.
Assignment of Duties
 Only one investigator may be assigned to handle a
case when it is a minor one if the work load of the office is great.
When a case is relatively important and to insure maximum
effectiveness.
a. Officer-in-charge – One who direct the search,
assigns duties, and assumes responsibility for the
effectiveness of the search.
b. Assistant – He must implement the orders of the
Officer-in-charge.
c. Photographer – He photographs the scene and
individual pieces of evidence.
d. Skether – He makes a rough sketch of the scene
given and later a finished sketch.
e. Master Note-taker – One who writes down in short
hand the observations and descriptions during the
search.
f. Evidence Man – He collects, preserve and tags
articles of evidence.
g. Measurer – He makes overall measurement of the
scene.
The Search
Before the actual search is done, the investigator must
stand aside and make an estimate of the situation. A certain
area where there are no possible traces of the crime may made
as the “head quarters.” Having formed the estimate, the
investigator can now determine the number, kind and views of
the photographs he wishes to be taken.
A plan for the search should be formed which will cover
the grounds. Every step of an investigation must be undertaken
with the thought of ultimate presentation in court. Notes and
measurements must the sketches and photographs.
The basic guide for the investigator to look upon are evidences
to establish one or more of the following:
1. The corpus delicti or the fact that a
crime was committed
2. The methods of operation
3. The identity of the guilty party.
G. Responding to a crime scene
45
ARRIVAL AT THE SCENE
Golden Rules to be observed by the Investigator upon
his arrival at the scene of the crime?
a. Identify and possible, retain for questioning the person
first notified the police.
b. Determine the perpetrator by direct inquiry or observe
him, if his identity is immediately apparent.
c. Detain all persons present at the scene.
d. Summon assistance, if necessary.
e. Safeguard the area by issuing appropriate orders and by
physically isolating it.
f. Subsequently, permit only authorized persons to enter
the area.
g. Separate the witnesses in order to obtain independent
statements.
h. Do not touch or remove any object.
i. Definitely assign the duties of the search is assistants are
present.
The (4) mechanics of search: illustrate each.
If the area to be searched is limited indoors with few
contents or any other situation which will preclude a systematic
method of choice will do, provided that alertness, knowledge
and experience of the participating investigators are present.
If the area to be search is quite extensive, a more
systematic scheme of approach is recommended. The following
are the different methods of search.
1. Strip Method
The searchers (A,B, & C) proceed slowly at the same
pace along the path parallel to one side of the rectangle. At the
end of the rectangle, the searcher turns and proceeds back
along the new lane parallel to the first movement.
In the modification of the strip method known as the
double strip or grid method, the rectangle is traversed first
parallel to the base and then parallel along the side.
2. Spiral Method
The searchers follow each other in the path of a spiral,
beginning in the outside and spiraling in towards the center.
3. Zone Method
The area to be searched is divided into quadrants and
each assigned to one quadrant.
4. Wheel Method
If the area to be searched is approximately circular or
oval, the wheel method may be used. The searchers gather at
the center and proceed outward along radi or spokes.
The principal drawback o this method is that the
distance between searchers increases as they depart from the
center.
The investigator must see to it that the search made
with the employment of any of the above methods must be
thorough.
The discovery of any physical evidence in the course of
the search must be collected and preserved without specifies
regard of their relation to the crime.
Basically, a searcher must primarily concentrate on the
following types of evidence.
1. Those which establish the element of proof
that the crime was committed;
2. Those which may serve to trace the
criminal.
RESCONSTRAUCTING THE CRIME SCENE
After of completion of the search, an effort must be
made to determine from the appearance of the place and its
object what actually occurred and what the circumstances of a
crime were. This is known as reconstructing the crime.
a. Physical Reconstruction – The physical
appearance of the crime scene is reconstructed
from the description of the witnesses and the
indication of the physical evidence.
b. Mental Reconstruction – from the physical
reconstruction, some construction can be made
concerning the consistency of the accounts of
various witness. No assumption should be made
46
concerning actions which are not supported by
evidences. The final theory developed by the
investigator should provide a line of investigative
action.
PHOTOGRAPHING
There must be a series of photographs of the crime
scene to supply the maximum information to be enabling the
viewer to understand how the crime was committed.
a. Over all photographs – Carried clockwise until at
lease four general view photographs have been
taken.
b. Photographs of the Deceased – A set of views
showing the relationship of the dead body with the
surroundings.
c. Photographs of articles of evidence – Weapons,
blood strains, hair, fibers, and papers etc., seen at
the crime must be photographed before removal.
d. Special Techniques – Ultra-violet and infra-red,
orthostereos-cipy, photomicrography
microphotography, radiography, grammagraphy,
cinematography and projection work.
e. Photograph of the environs –
f. Photograph the body after removal –
1. Photographing the body after removal for
identification of the victim.
2. Close up pictures of the wounds.
Photographic Data
A complete record of each photograph should be made
in a notebook so that the following minimum essentials are
available.
1. Data to identify the photographs with the offense.
2. Data to identify the photographer
3. Data to orient the camera position with the scene
4. The date and hour when photograph was taken.
5. Data reflecting the light and weather condition
when each photograph was taken.
6. Data reflecting the type and make of the camera,
film and details regarding special equipments used.
 7. Focal length of the lens
8. Data regarding developing printing and any special
laboratory techniques.
9. Data to reflect a complete chain custody of the
photographic film used.
SKETCH THE CRIME SCENE
The sketch is the dimpliest and the most effective way
of showing actual measurements and identifying significant
items of evidence in their location the scene. Sketching is
supplementary to photography.
a. Rough Sketch - Made by investigator at the crime
scene. No scale proportion is ignored, and
everything is approximated. It is to be used as a
basis of the finish sketch.
b. Finished Sketch – Made primarily for courtroom
presentation. Scale and proportion observed.
Name of the specific kinds of Sketches
a. Sketch of Locality – The sketch of locality give a
picture of the scene, the crime and its environs,
including such items as neighboring buildings, road
leading to the location or house, etc. In arson
cases, the sketch of location is of great value as an
aid in determining whether the fire was caused by
nearby inflammable property.
b. Sketch of the grounds – The sketch of the grounds
pictures the scene of the crime with its nearest
physical surroundings i.e., house with a garden,
the plan of one or more floors in a house and so
forth.
c. Sketch of Details – The sketch of details describes
immediate scene only. For instance, the room in
which the crime was committed and details thereof.
Nowadays, the sketched of details of a room is
generally carried out by what is known as a cross
projection. In this method, the walls and ceiling are
pictures as if they are on the same plane as the
47
floor. This will give a clear impression of the scene
in cases where blood stains or bullet holes are
found in the walls or on the ceiling.
The cross projection may be further
augmented by drawings on a cardboard and cut-
outs. The folding of the cardboard will reproduce
the interior of the room.
Elements of sketching
a. Measurements – Must be accurate.
b. Compass Direction – A Standard arrow to
designate the north must be indicated to facilitate
proper orientation
c. Essential Items – sketch must include important
items of investigation.
d. Scale of proportion – The scale of drawing
depends on the area to be shown. The amount of
details to be shown and the size of drawing paper
available. The actual scale must be stated in the
sketch.
e. Legend - The explanation of any symbol used to
identify objects must be stated. But excessive
letterings in the sketch generally results in a
crowded sketch and obscurity of the essential
items.
f. Title – This includes case identification,
identification of the victim, scenes portrayed,
location, date and hour when it was made, and the
name of the sketcher.
What are the rules of sketching?
a. Never forget to determine the direction of the
compass. Draw it on the sketch.
b. Control measurements. Don’t rely on others to give
them.
c. Do not draw things which are clearly irrelevant to
the case.
d. Never rely on memory to make corrections at the
station house, at home, or at a place from the
scene of the crime.
 e. The scale must be drawn on the sketch. If a
camera has been used, mark its position on the
sketch.
Care of Evidence
H. Physical Evidence
Physical Evidence.
Articles and materials which are found in connection
with the investigation and which aid in establishing the identity
of the perpetrator or the circumstances under which the crime
was committed or which, in general assist in the prosecution of
the criminal.
Kinds of Physical Evidence.
a. Corpus Delicti – Objects or substances which are
essential parts of the body of the crime
b. Associative Evidence – Evidence which links the
suspect to the crime scene or offense. Fingerprints
and shoe impressions are good example.
c. Tracing Evidence – Articles which assist the
investigator in locating the suspect.
“Chain of Custody” of physical evidence.
The number of persons who handle evidence between
the time of commission of the alleged offense and the ultimate
disposition of the case should be kept to a minimum. Each
transfer of evidence should be receipted. The receipt of the
evidence shall be accountable for it during the time it is in his
possession. He must protect it and also to whom it was
delivered.
THREE TOOLS OR THE 3 I’S IN A CRIMINAL
INVESTIGATION.
The tools of the investigators are the three “I’s”, namely
Information, Interrogation, and Instrumentation. Their
application varies in proportion depending on their necessity to
establish the guilt of the accused criminal trial.
48
Information- Information is the knowledge which the
investigator gathered and acquired from other
persons.
two (2) kinds of information.
a. Information acquired from regular sources such as
conscientious and public-spirited citizens, company
records and files of other agencies.
b. Information which the experienced investigator
gathered from cultivated sources, such as paid
informants, bar-tenders, cab drivers, licensed
owners and employees in general, former criminals
or acquaintances.
Interrogation-Interrogation is the process of questioning
witnesses and suspects to obtain further information. The
effectiveness of interrogation depends on the craft, logic and
psychological insight of the interrogator in interpreting the
information relevant to the case.
Instrumentation is the application of instruments and methods
of physical science to the detection of crime. It is the
application of physics, chemistry, and biology in crime detection.
It is the sum total of the application of all sciences in crime
detection otherwise known as criminalistics because it includes
also all the technical methods by which the fugitives may be
traced and examined.
In cases where there are no physical evidences to be
found, then the use of instrumentation is relatively unimportant.
A thorough training in the resources of instrumentation is of
great importance to an investigator. The limitations of technical
methods should also be a part of his knowledge, since
excessive reliance on instruments may certain situations result
in the neglect of and more suitable investigation procedures.
What are the different ways in which, criminalistics may be
useful in criminal investigations?
a. By supplying one or more missing links in a chain
of evidences.
b. By strengthening a weak link or links in the chain of
evidences.
 c. By checking a the accuracy of the statements
made by the (1) suspect, or(2) by material witness.
d. By clearing up doubts points in the preliminary
stages of an investigation which may or may not be
significant at a later stage.
e. By assisting rapid clearing up of routine inquiries
UNIT III METHODS OF OBTAINING
INFORMATION
A. INTERVIEW
An Interview is a questioning of a person who is
believes to posse’s knowledge that is official interest to
the investigator. In an interview, the person questioned
usually gives his account of an incident under
investigation or offers information concerning a person
being investigated in his own manner and words.
B. INTERROGATION
Interrogation is a questioning of a person suspected of having
committed an offense or of a person who is reluctant to make a
full disclosure of information in his possession which is
pertinent to the investigation.
1. What are the purposes of Interrogation?
a. To obtain a confession to the crime.
b. To induce the subject (suspect or witness) to make
an admission.
c. C. To learn the fact and circumstances surrounding
the crime.
d. To learn to identify the accomplices.
e. To develop information which will lead to the
recovery of the fruits of the crime.
f. To discover the details of other crimes participated
in by the suspect.
C. ADMISSIONS, CONFESSIONS AND WRITTEN
STATEMENTS
An admission is a self-incriminatory statement by
the subject falling short of an knowledge of guilt. It is an
acknowledgement of a fact or circumstance from which guilt
maybe inferred. It implicates but does not incriminate. Coupled
49
with circumstances such as the existence of a motive, the
admission may provide an inference of guilt.
A confession is a direct acknowledgement of the
truth of the guilty fact as charged or of some essential part of
the commission of the criminal itself. To be admissible, the
confession of the accused must be voluntary. Confession by
duress, coercion, extreme psychological restraint is not
admissible in the court of justice.
What do you understand by voluntariness of the confession?
Voluntariness maybe shown the evidence one
of the following:
1. The statement obtained by urging or request
was a spontaneous or self-induced utterance
of the accused.
2. The statement obtained without coercion and
free from any fore or intimidation
3. The statement was obtained during an official
investigation after the accused was informed of
the nature of the offense, of the fact that he
need not make a statement, and of the fact the
evidence can be used against him at a trial.
A deposition is the testimony of a witness reduced to writing
under each or affirmation, before a person empowered to
administer oaths in answer to interrogatories (questions) and
cross-interrogations submitted by the part desiring the
deposition and the opposite party.
UNIT IV
INVESTIGATION OF SPECIFIC CRIMES
INVESTIGATION OF OTHER CRIMES (SPECIAL CRIMES)
INVESTIGATION OF SPECIFIC CRIMES
A. ROBBERY
Article 293 of the Revised Penal Code. – Who are guilty of
Robbery?
Any person, who, with intent to gain, shall
take any personal belonging to another, by means of violence
against, or intimidation of any person, or by using force upon
anything, shall be guilty of robbery.
Element of Robbery.
1. Unlawful taking of personal property belonging
to another;
2. The taking is with intent to gain (animus
lucrandi);
3. The taking is done with violence against or
intimidation of person or force things; and
Classification of Robbery.
1. Articles 294, 297, and 298, RPC – Robbery
with violence against or intimidation of persons.
2. Articles 299 and 302, RPC – Robbery with
force upon things.
Meaning of “Intent to Gain.”
“Intent to gain” means intent to obtain from the
appropriation of the things some utility, advantage or benefit;
a. It is not necessary that the gain be realized as
mere intent is enough;
b. The taking of a thing under claim ownership in
good faith negatives intent to given though the
claim of ownership is untenable.
Meaning of “Unlawful Taking.”
It means appropriating a thing belonging to another
and placing it under one’s control or possession.
Personal Property Belonging to another.
The personal property must belong to another
a. Illicit articles may be the object of robbery;
b. The offended party need not be the owner of
the personal property taken. Here, mere
possession is enough as long as the offender
is not the owner thereof.
Article 294. Kinds of Robbery or Intimidation of Persons.
This kind of Robbery can be committed:
1. When by reason or on occasion of the robbery
homicide results
2. Robbery accompanied by a rape or
International mutilation or by reason or on the
occasion of such robbery serious physical
50
injuries penalized in Art. 263, par. 1 shall have
been inflicted.
3. When by reason or on occasion of the robbery
serious physical injuries penalized in Art. 263,
par. 2, shall have been inflicted.
4. If the violence or intimidation employed is
clearly unnecessary for the commission of the
crime, or when in the course of the robbery,
serious physical injuries, penalized in Art. 263,
par 2,3 and 4, shall have been inflicted upon
any person not responsible for the commission
of the robbery.
Article 295. Robbery with Physical Injuries Committed in an
Uninhabited Place or by a Band or with the Use of Firearm on
an Street, Road, or Alley.
How does this Article apply?
This article qualifies covered by subdivisions, 3, 4
and 5 of Article 294, when they are committed:
a. In an inhabited place;
b. By a band;
c. By attacking a mowing train, street car, motor
vehicle, or airstrip.
d. By entering the passengers compartment in a
train, or in any matter taking the passengers
thereof by surprise or;
e. On street, road or highway, or alley and the
intimidation are affected by means of firearm.
This article does not apply to robbery with
homicide or robbery with rape, or with mutilation, or
with serious physical injuries as defined in par. 1 of
Art. 263.
Definition of a Band and Penalty Incurred by Members thereof,
Article 296.
There is a band where the robbery is committed by
at least for (4) armed malefactors. There may be several
malefactors but when only two are armed, there is no
robbery committed by a band, or if only three (3) of the
culprits are armed.
The member of the band who is present at the
commission of the robbery and who does nothing to
 present the killing is liable for the robbery with homicide,
even if the agreement is to commit robbery only.
Article 297. Attempted and Frustrated Robbery Committed
under Certain Circumstances.
This article applies when a homicide is committed
on the occasion of an attempted or frustrated robbery;
and constitutes an exception to the rule of lowering the
penalty by one or two degrees in cases of attempted or
frustrated felonies.
There is a complex crime, and the penalty to be
imposed is in accordance with Article 48, in the case of
attempted or frustrated robbery with Serious Physical
Injuries.
Article 298. Execution of Deeds by means of Violence or
Intimidation.
This is committed by any person who, with intent to
defraud another, by means of violence or intimidation
shall compel him to sign, execute or deliver any public
instrument or document, shall be held guilty of robbery
and punished by the penalties respectively prescribed in
this chapter.
Two classification of by the Use of Force Upon Thins.
1. Robbery in an inhabited or public building or
edifice devoted to religious worship (Art 299)
2. Robbery in an unhabited place or in a private
building (Art. 302)
Article 299. Robbery in an Inhabited House of Public Building
or Edifice Devoted to Religious Worship.
This kind of robbery with force upon things is
committed:
1. If the force upon things was employed to effect
entrance into the house or building by any of
the four modes provided in subdivision (a) of
Article 299.
2. Or having gained entrance into the house of
building outside of three acle inside the
building.
Outside of these cases, the crime
committed will be Teft and not robbery although
there is force upon things.
51
Par. 2, Subdivision (a), Article 299. By breaking any wall, roof,
or floor or breaking any door or window.
This offense is committed where the accused by
means of auger and saw, made an opening in the wall of
the store through which they entered and took clothes or
other effects belonging to the store owner.
Par. 2, Subdivision (a), Article 299. By using False Keys,
Picklocks or Similar Tools
The Use of false keys mentioned in par. 3,
subsection (a) has reference to mode of entering the house
and not to the method of opening a trunk in a house.
False keys, picklocks, or similar instruments must
be used in order to gain entrance into the house or
building.
Par.4 Subdivision (a), Article 299. By using Fictitious Name or
Pretending the exercise of Public Authority.
In the case of People Vs, Urbano, et al, 50 Phil. 90,
accused representing themselves to be detectives were
able to enter the establishment of the offended party and
once inside, one of them feigned taking a revolver from
his belt and ordered complainant to turn over all the
money he had, were guilty of robbery under this
paragraph because they were able to enter the building
by simulating public authority.
Par. 1, Subdivision (b), Article 299. By breaking doors,
wardrobes chest or any other kind of locked or sealed furniture
or receptacle.
Under this paragraph, the taking of personal
property belonging to another, with intent to gain,
constitutes robbery when act is committed:
a. by breaking of doors, wardrobes, chest or
any kind of locked or sealed furniture or
receptacle;
b. Or by taking of such furniture or objects
away to be broken or forces open outside
the place of the robbery.
Article 300. Robbery in an Uninhabited Place and by a Band.
In this form of robbery with force upon things, the
felony becomes qualified when committed in an
uninhabited place and by band, while robbery with
 violence against or intimidation upon persons becomes
qualified when committed either by a.) by band, or b.) by
an uninhabited place.
Article 302. Robbery in an uninhabited place or in private
building.
This kind of robbery may be committed by any of the
following circumstances.
1. If the entrance has been affected through any
opening not intended for entrance or egress.
2. If any wall, roof, floor or outside door or
window has been broken.
3. If the entrance has been effected through the
use of false keys, picklocks, or similar tools.
4. If any doors, wardrobes, chest, or any sealed
or closed furniture paragraph has been
removed, even if the same be broken open
elsewhere.
Condominium or Apartment Robbery
Dwelling buildings like condominium or apartment
offer many advantages to the robber. Majority of the
tenants are unknown to each other and consequently the
appearance of a new face on the area will seldom arouse
suspicion. The robber can gain entrance, do something
inside building without attracting the attention of the
neighbors.
Modus Operandi commonly employed by robbers:
1. Gaining Entry – Entry to the building is usually
done nighttime especially late midnight. It may
be affected by forcibly opening the door
through false master key. Windows with grills
may be opened at the point of entry with the
use of iron bar cutter.
Other robber may by false get entry and by
intimidation coerce the tenant to open the safe,
wardrobe and get anything of value. Usually
they pretend to be government inspector, bill
collectors, promotion agents, etc.
2. Procedure inside the House – The robber
searches the closet and dressers for valuables
such as money and jewelry. Sometimes he
empties the drawer on the bed of floor to
facilitate the search. To avoid identity, the
robbers ask the occupants of the house to lie
52
prone on the floor or the robbers themselves
may wear mask.
3. Leaving the Building – The robbers may just
open any available door and leave place
together with the fruits of the crime.
Physical evidence in the Case of Robbery:
a. Footprints
b. Tireprints if vehicle is used
c. Latentprints (or Fingerprints);
1. Areas of entrance and exit;
2. Closets (aparador) – prints may be
found in doors and jumbs;
3. door knobs;
4. dressers;
5. pieces of furniture
6. bottles and glasses;
7. astray;
8. walls;
9. tools;
10. desk and tables.
d. Clothing – Sometimes the robbers exchange
their own jackets or shoes with those found
inside the victim’s residence or establishments.
e. Paint – If the crowbar has been used to force
the door or window paint adhere to the tool.
Paint samples should be keep for future
comparison.
f. Tool Marks – In forcing open the door or
window with crowbar or any equipment used
therein, tool impressions are left by the
criminals.
g. Tools or Instrument Used – The tools used in
breaking the entry may be lest behind. The
reason for this is to avoid being traced out of
the tools used in the commission of the crime.
h. Personal Idiosyncracies – Identity and location
of robbers can be made thorough their own
idiosyncracies or mannerisms – eating food or
drinking soft drinks or intoxicating beverages
on the premises, before, during or after the
commission of the crime.
Bank Robbery
 Kinds of Bank Robbers:
a. Amateurs – Motivated by greed, want, the
desire for a drill or the need for self-testing.
b. Professionals – Composed of criminals whose
records of several serious crimes. They
operate in small groups of three or four
persons. They are serious-minded, fairly
competent, and often dangerous.
Modus Operandi in Bank Robbery
The modus operandi in a bank robbery varies
widely with the individual criminals:
1. Target – Usually small branch bank because
larger banks involves a greater hazard.
2. Time – The time of commission is during
opening, lunch hour, closing hour, or anytime
wherein the least number of people present;
3. Craft or disguises – The robber are in disguise
by wearing dark glasses, hood or mask. Most
robbers wear hat or caps to conceal their hair.
4. Instrument or weapon used. The present
robbers prefer to use handguns and high
power long arm, together with hand grenade
and teargas.
Usually typical bank robbers use a
borrowed or stolen car as their get away car. Other
robbers use their own car with stolen license plates.
Police procedure in Pursuit of Robbers:
a. Immediate Pursuit.
To be effective, the police must act with
dispatch. The necessary speed can only be
realized by previous planning. Mobile units
should be dispatched by radio to the crime
scene.
b. Alarms and Notification
The radio dispatcher should transmit an
alarm to neighboring police stations.
c. Checkpoints
All possible route of escape must be well
guarded by the checkpoints
d. Apprehension at the Scene:
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If it is possible for the police to be at the
scene of the crime before the robber’s could
have left the premises, the following
procedures should be employed:
1. Immobilized as soon as possible
the gate away car;
2. Additional police officers should
be assigned to cover any possible
exit, and shielding themselves as
much as possible;
3. Occupied vehicles and bystanders
in the area should argued to leave
immediately.
4. Police officers should now have
stationed themselves under cover
at key points approximately 25
yards from the bank;
5. Occupants of the gate away car
should order to throw their guns
and alight 25 yards from the
vehicle with their hands over their
head. If they refuse, the police
should open fire at the command
of a senior officer;
6. The robbers inside the bank be
ordered to come out with their
weapons and with their hands
held aloft. If they refuse to do so,
no immediate action should be
taken, neither attempt should be
made to enter the bank.
7. No action should be taken which
will endanger the lives of innocent
persons. If the robbers threaten to
use innocent persons as a shield
or hostages, the police should
permit them to escape; and
8. If there is no likelihood of injuring
the innocent, the police should
proceed to apprehend the
criminals employing the tactics
ordinarily used in the raids.
Republic Act N. 6539, of 1972 - Car napping
Car napping may be defined as the taking with intent to
gain, a motor vehicle belonging to other persons, without the
latter’s consent or by means of violence or intimidation of
persons by using force upon things.
Motor vehicle is any vehicle propelled by power, other
that muscular power using public highway, exempting road
rollers, trolley cars, street sweepers, sprinklers, laws mowers,
bulldozers, graders, forklifts, amphibian trucks, and cranes if
not used in public highways, vehicles which runs only on rails
or tracks, tractors, trailers and traction engines of all kind used
exclusively for agricultural purposes. Trailers having any
number of wheels when propelled or intended to be propelled
by attachment to a motor vehicle are classified as a separate
motor vehicle with no power rating.
Presidential Decree No. 532, of 1974. Highway Robbery.
Highway Robbery – Ids defined as the taking away of a
property of another by means of violence against or intimidation
of persons or force upon things or other unlawful means, by
any person on any Philippine highway.
Highway – Shall refer to any road, street, passage,
highway and bridges or other parts thereof, or railway or
railroad within the Philippines used by a persons, or vehicles, or
locomotives or trains for the movement or circulation of persons
or transportation of goods, chattels or property or both.
Presidential Decree N. 533, Cattle Rusling.
Cattle Rustling – It is defined as the taking away by
means, method or scheme, without the consent of the
owner/raiser, of any large cattle, whether or not profit of gain or
whether committed with or without violence against or
intimidation of persons or force upon things. It includes the
killing of large cattle’s or taking a meat or hide without the
consent of the owner/raiser.
Large Cattle shall include the cow, carabao, horse, mule,
ass, or other domesticated member of the bovine family. Goats
are not large cattle.
Presumption of Cattle Rustling
Failure to exhibit the required documents by any person
having in his possession, control or custody of large cattle,
upon demand by competent authorities shall be facie evidence
that the large cattle in his possession, control and custody are
of the fruits of cattle rustling.
B. THEFT
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Art. 308. RPC. – Who are liable for Theft.
Theft is committed by any person who, with intent to gain
but without violence against or intimidation of persons nor force
upon things, shall take personal property of another without the
latter’s consent
Theft is likewise committed by:
1. Any person who, having found lost
property, shall fail to deliver the same to
the local authorities or to its owner.
2. Any person, who after having maliciously
damaged the property of another, shall
remove or make use of the fruits of the
subject of the damage caused by him; and
3. Any person who shall enter an enclosed
estate or a field where consent of its owner
shall hunt or fish upon the same or shall
gather fruits, cereals, or other forest or
farm products.
Elements of Theft:
1. Taking of personal property;
2. The property belongs to another;
3. The taking is done with intent to gain;
4. That the taking be done without the
consent of the owner; and
5. The taking was done accomplished
without violence against or intimidation of
persons or force upon things.
Artivle 310. Qualified Theft
Theft is qualified if any of the following
circumstances is present:
1. If the offender is a domestic servant.
2. If its committed with a grave abuse of
confidence, or
3. By the nature of the property, which is either:
a. Motor vehicle;
b. Mail matter;
c. Coconuts taken from a plantation; or
d. Fish taken from fishpond or fishery
 4. Timber smuggled from an illegal cutting of logs
in public forest and forest reserves.
Investigative Technique
The technique of investigation depends upon the type of
theft and modus operandi. The investigator will find it
worthwhile to record the following data in initial stage of the
inquiry.
1. Data and hour of the theft. If this is known
the period between the time when stolen
object was last seen and the discovery of the
left of the theft should be established;
2. A complete list and description of the stolen
property. If there are several witnesses who
can offer this information, it should be
obtained independently from each as a
means of checking;
3. The location of the property immediately
prior to the lost; other places in which the
property had been previously located; places
searched for the property;
4. Reasons for placing the property in the
location described above. The investigator
should reflect on the logic of placing the
property in this location. Safeguards
employed or the absence of safeguards was
logically indicated;
5. Identify of person who first discovered the
loss. How did it come to his attention? Was
he the logical person to make the discovery?
Who should have ordinarily made the
discovery? Other witnesses to the discovery;
6. A list of person who had access to the
property;
7. A list of absentees in commercial
establishments;
8. A list of person who know the location of the
property;
9. Movements of persons having access prior
and subsequent to the loss in cases where
the time interval is reasonably short;
10. A list of person who knew the existence of
the property;
11. Ownership of the property; true owner
55
12. Proof of ownership, custody and
responsibility;
13. Estimated value of the property. Bills of sale,
Where the documentary evidence is absent,
the appropriate date of purchase and identity
of the vendor;
14. Suspects named by the owner or others.
Reason for their suspicion. Employees
exhibiting unusual behavior within the last
month;
15. Suspects in financial difficulty, faced with
future money problems, or maintaining
standard of living inconsistent with their
incomes.
16. Reconstruction of the crime; modus operandi
of the theft; means of access; selection of
time; methods of concealing the crime;
conversation and transactions which took
place between the perpetrator and the victim
or other parties;
17. Character of property; salability; uses;
convertibility;
18. Interrogation of each suspect; activities prior
and subsequent to the theft; time at which he
has seen; the location of the property;
person can verify his alibi; financial
circumstances; present circumstances;
present indebtedness; contemplated
investments circumstances; present indebt
ness; contemplated investments or purchase;
relations with the owner;
19. Records; previous theft complaints made by
the victim; history to the periodic or
systematic thefts; employees with police
records; background of suspects;
20. Interviews of building employees and other
who may have observed persons
approaching the area containing the property
at unusual times or in a peculiar manner.
Complete physical descriptions of any
subject developed in this manner; and
21. Physical evidence such as latent fingerprints,
shoe prints, articles, articles or clothing’s or
similar traces at the scene.
Presidential Decree No. 1612. Anti Fencing Law.
 Fencing –Ts act of any person who, with intent to
gain for himself or for another, shall buy, receive, possess,
keep, acquire, conceal, sell or dispose of duly or shall buy and
sell, or in any manner deal in any article, item, object or
anything of value which he knows, or should be known to him,
to have been derived from proceeds of the crime of robbery or
theft.
Fence – Includes any person, firm, association,
corporation or partnership or other organization who, which
commits the act of fencing.
Pickpockets:
Pickpockets are species of criminals endogenous in large
cities or in places with many congregation and crowded
transportation system. Skill is required for their successful
operation. Most of them are known to the police.
They are professional criminals and undoubtedly they
have records in the police. The crime can be solved by means
of the modus operandi. The story of victim will show the
technique of the theft. The record of the pickpocket files
including their photographs maybe useful for preliminary
identification.
C. FORGERY
Art. 168, RPC. – How Forgery is Committed.
The forgery referred to in this section maybe committed
by any of the following means:
1. By giving to a treasury or bank note or any
instrument payable to bearer or to order
mentioned therein, the appearance of a true and
genuine document;
2. By erasing, substituting, counterfeiting, or
altering by means the figure, words, or sign
contained therein.
Crimes called Forgeries in the Philippines:
1. Forging the seal of the Government, signature or
stamp of the Chief Executive (Art. 161);
2. Counterfeiting Coins (Art. 163)
3. Mutilation of coins (Art. 164)
4. Forging treasury instruments not payable to
bearer (Art.166)
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5. Counterfeiting Instruments not payable to bearer
(Art. 167)
6. Falsification of legislative documents (Art. 170);
7. Falsification by public officer, employee or notary
or ecclesiastical minister (Art. 171)
8. Falsification by private individuals (Art. 172)
9. Falsification of wireless, cable, telegraph and
telephone messages (Art. 173)
10. Falsification of medical certificate, certificate of
merit or service (Art.174)
Elements of Proof:
1. It must be shown that writing was falsely made
or altered. This alteration must be shown by the
documents examiner by comparison of the
signature with the true signature which it
supports to be. The forged instrument itself
should be produced;
2. Legal Liability – The signature or writing must be
a nature which would, if genuine, imposes a
legal liability on another or changes his legal
rights or liability on another or changes his legal
rights or liability to his prejudice. To constitute
forgery in an alteration, it must affect a material
change in the legal tenor of the writing, like an
alteration increasing the obligation, or that which
will change the time, amount and date of
payment;
3. Identity of the Forger – It must be shown that it
was the accused who falsely made or altered the
writing or who knowingly uttered, offered or
issued the false instrument;
4. Intent to Defraud – The intent to defraud another
must be shown. It need not be directed to a
particular person or for advantage of the offender.
The intent can often be inferred from the act. It
must be shown that the suspect can often
inferred from the act. It must be shown that the
suspect knew that the instrument he is uttering is
a forgery.
D. MALVERSATION
Art. 217. Malversation of Public Funds or Property.
Elements:
1. Committed by a public officer;
 2. By reason of his duties, he is accountable for
public funds and property; and, wholly or
partially
Acts Consisting Malversation of Public funds or Property under
the Revised Penal Code:
Art. 217 – Malversation by appropriating,
misappropriating or permitting other persons to
take public funds or property;
Art. 218 – Failure of accountable officer to render
an account;
Art. 219 – Failure of a responsible public officer to
render accounts before leaving the country;
Art. 220 – Illegal use of public funds or property;
and
Art. 221 – Failure to make delivery of public funds
or property.
To prove that a public officer has committed the crime of
malversation, the services of an accountant is necessary.
How loss of Public Funds is Noticed:
Disappearance of the Embezzler – The embezzler
nay suddenly flee, will arouse suspicion of
deflection in the absence of much stronger
motive of him to do so;
By Inspection – An auditor may during his routine
inspection or in a surprise examination may
find part or the whole of the accountable funds
missing;
By Information – His associate in the office, friends,
relatives and companions may inform other of
the display of prosperity and their suspicion
that public funds might have been used for his
personal benefit; and
By Accident – Shortage of the accountable funds
might have been discovered in the course of
an investigation or inspection not previously
directed to it.
How to Establish the Loss.
57
The investigator must establish that there is actual loss.
This can be made by examination of the books of account and
the physical inventory of the cash by an accountant or auditor.
How to Investigate the Suspect:
Office Behavior – Was there anything unusual in the
behavior of the subject during office hours? Did he
appear nervous or worried? Does he take his
vacation at the regular time?
Living Habits –Does the suspect live within his means?
Who are his associates? Does he drink? What is
the state of his bank accounts: Do these accounts
show great activity even though the total value is
not large? Does he have heavy accounts in other
banks, countries: Does he have a safe deposit box?
E. VIOLENT DEATH
(Parricide, Murder, and Homicide)
Art. 249. Parricide
Elements:
1. That person is killed;
2. That the deceased is the father,
mother, or child whether legitimate or
illegitimate or legitimate other
ascendant or other descendant, or the
spouse, of the accused.
Relationship between the offender and victim,
that is , by blood and in direct line, except the spouse,
is the essential element of the crime. The spouse must
be legitimate.
Hence, a stranger who cooperates and takes
part in the commission of the crime of parricide is not
guilty of parricide but only of homicide, as the case
may be.
Art. 248. Murder
Elements:
1. Any person who, not falling within the
provisions of Article 246 (parricide), shall
kill another;
2. With treachery, taking advantage of
superior strength, with the aid of armed
 men, or employing means to weaken the
defense, or of means or persons to insure
or afford impunity;
3. In consideration of a price ,reward or
promise;
4. By means of inundation, fire,
poison ,explosion ,shipwreck, stranding of
a vessel ,derailment ,or assault upon a
street car or locomotive ,fall of an
airship ,by means involving great waste
and ruin;
5. On occasion of any of the calamities
enumerated in the preceding paragraph or
of any earthquake, eruption of a volcano,
destruction cyclone, epidemic, or any other
public calamity;
6. With evident premeditation; and
7. With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or
outraging or scoffing at hi corpse.
The crime of murder exists when only one of the circumstances
mentioned in Article 249 is present. If more than of the said
circumstances are present, the others must be considered as
generic aggravating circumstances must be established by
direct and positive evidences.
Art. 249. Homicide.
Elements:
1. That a person was killed;
2. That the accused is the one responsible for
the killing without any justifiable reason;
3. That the accused has the intention to kill;
4. That the killing is without any qualifying
circumstances present or murder, parricide or
infanticide.
The intent to kill may be shown by the kind of weapon
used by the offender, and the part of the victims body at which
the weapon was aimed, as shown by the wounds inflicted.
58
In all violent crimes against persons in which the death of
the victim in an element of the crime, there must be satisfactory
evidence of the fact of death of the victim.
Establishment of Motive to the killing.
Motive need not be proved in the criminal prosecution but
the determination of the motive will furnish a good clue in the
solution of the crime. The investigator drawing from his
ingenuity, experience and availability of data, must base his
investigation on a theory that rationally explains the fatal fact
act.
The most common motives are revenge, love,
degeneracy, financial gain, robbery, alcohol, and mental
condition. Motiveless killing are done by insane criminals.
Dying Declaration.
The declaration of a dying person, made under a
consciousness of an impending death may be received in a
criminal case where in his death is the subject of inquiry, as
evidence of the cause and surrounding circumstances of such
death.
Duty of the investigator in regards to dying declaration;
1. The investigator must observe the victim as to
whether he is manifesting a feeling of his
impending death. He must inform the victim of
the importance and advisability of making such
declaration;
2. He must observe carefully the mental condition
of the victim. Conditions like delirium, shock
and head injuries will confuse the intellect of
the victim;
3. The investigator must put down in writing
immediately the victim’s statement .The longer
the time interval between the hearing of the
declarations and the writing will increase the
probability of errors;
4. He must avoid leading questions. Questions
should only be directed to explain what may
appear to the ambiguous or contradictory;
5. The investigator must produce the statement
taken and its admissibility. It is the court that
will decide on the matter.
 F. ABORTION
Art. 256, RPC, Intentional Abortion.
Elements:
1. The woman must be pregnant;
2. Violent was applied on the pregnant woman , or
drugs or beverages ministered, or the accused
otherwise acts upon such pregnant woman;
3. The result of the use of violence or drugs or
beverages upon her, or the accused, is that the
fetus dues, either in the womb or after having
expelled there form;
4. The abortion is intentional.
Art. 256, RPC, Unintentional Abortion.
Element:
1. The woman must be pregnant;
2. Violence must be applied on the pregnant
woman but without the intention to produce
abortion;
3. As a result of the application of violence,
abortion was produced.
Art. 258, RPC, Abortion practice by the woman herself or by her
parents.
Element:
1. The woman is pregnant ;
2. The woman was aborted deliberately by:
a) the pregnant woman herself; or
b) Her parents or either of them, with the
consent of the pregnant woman.
3. If the abortion is to conceal her dishonour, the
law imposes a lesser penalty.
Art. 259, RPC, Abortion practiced by a physician or midwife or
dispensing of abortives.
Element:
1. The woman is pregnant;
59
2. She was intentionally aborted by the
physician or midwife intentionally without
any therapeutic indication, or pharmacist
gave her abortives without the prescription
of the physician.
When the death of the fetus is not due to
such circumstances or when survives in spite of
its being violently expelled from the maternal womb, abortion is
not committed.
Abortion therefore, is the wilful killing of the
fetus in the uterus, or violent explosion of the
maternal womb which resulted to the resulted to the death of
the fetus.
Evidences in the Crime Scene of Abortion:
1. Presence of the placental tissue.
2. Presence of the dead fetus and other pieces
of the product of conception.
3. Presence of instrument used in the
performance of abortion.
4. Presence of the effect of the operative
procedure; like blood.
Evidences of complaints of abortion:
1. The complains may be received from
physicians or hospitals to the effect that a
woman is under treatment for an incomplete
abortion:
2. Local housewives frequently hear of services
of a certain occur expelling the product of
conception;
3. Alert police officers may observe the coming
and going out of a woman into a doctor’s clinic.
The alternation of the woman’s gait on
emerging from the building should suggest
irregularity.
4. If the abortion resulted to the death of the
woman, autopsy will reveal evidence of illegal
operation;
5. Raid after effective surveillance.
Medical Proof of Abortion:
Medical evidence of abortion in the living victim:
 Presence of signs of external violence, like
contusion, abrasions,
hematoma, open wounds, etc.
Examination of the generative tract-This will
include the external genitalia,
vagina and cervix of the uterus for possible
laceration , contusion and other marks of
instrumentation.
Examination of the cervix of the uterus for
possible tear or discharge.
Determination of signs of previous pregnancy:
a) condition of the breast
b) laxity of the abdominal wall
c) paleness of the integument
d) general body weakness
e) palpability of the uterus and laceration of the
cervix
G. CRIMES AGAINST CHASTITY
Rape
Art. 335 , RPC, When Rape and How Rape is Committed.
Elements:
1. The offender had carnal knowledge of a woman.
The victim of the crime must always be a
woman while the offender is impliedly a man
because normally sexual act must be done by a
man and a woman;
2. The carnal relation was made by the offender
with the offended under any of the following
circumstances;
1) use of force or intimidation;
2) when the woman is deprived of her
reason or otherwise unconscious; or
3) the woman-victim is less than 12 years
of age.
3. The following are special complex crime of rape:
1. when rape is committed by two or more
persons or with the use of deadly
weapon
60
2. when rape is committed with homicide
3. when the victim of rape becomes
insane.
What is meant by Carnal Knowledge?
There is carnal knowledge if there is the slightest
penetration of the male sexual organ on the female sexual
organ. It is necessary that the vagina be entered or the hymen
is ruptured. It is enough that the labia of the female organ be
penetrated.
Character of the Offended Party.
The fact that the offended party has been previously
unchaste before, is not a defence in the crime of rape. The
woman victim may be a prostitute, or has given birth to several
children or married. The fact circumstances for the crime, rape
is committed.
Investigation of the Crime Scene.
Rape as a crime has no natural place of commission. It
maybe in a hotel, in an open field, toilet or bathroom, or any
other places where partial or complete privacy is available. The
place where the crime of rape was committed, may be
pinpointed by the victim herself or by the witness.
In effect, a photograph of the whole area must be
made to how the relation of the actual site to the surroundings.
Then a detailed photograph of the specific site and suspicious
evidences that maybe discovered.
Signs of struggle, fingerprints, evidences that will show
the identity of the offender, blood or seminal stains on the
bedding or pillow cases must be noted.
What are the Evidences that may be gathered?
A. Evidences to Prove Force or Struggle:
1. Presence of physical injuries on the body of
the victim
2. Presence of torn clothing’s of the victim,
offender or of bedding and pillowcases;
3. Presence of physical injuries on the body of
the offender;
 4. Presence of disturbed hair, soiled clothing’s,
and worried exhausted and prejudice of the
victim.
B. Evidenced to prove Unconsciousness of the Victim
when the crime was committed:
Presences of head injuries which may possibly be
capable of making her become
unconsciousness;
Presence of a disease condition of the victim that
will possibly make her sleep , like sleeping
sickness;
Examination of the mental state of the victim that
will show that he is suffering from mental
deficiency or insanity;
Examination of the actual age of the victim
C. Evidences to show Sexual Intercourse:
The presence of genital physical injury, the
contusion of the labia;
Presence of laceration of the hymen, the age of
which corresponds to the alleged date of
commission of the crime;
Vaginal smear may show presence of seminal fluid
and spermatozoa.
D. Evidences that may be recovered from the offender:
Presence of physical injuries inflicted by the victim
in the course of the struggle. This usually
manifested in the form of pinch mark on the
skin.
Presence of physical injury in the penis, usually in
the form of abrasion of the frenum;
Presence of crampled or torn clothing which might
have been due to the struggle of the victim;
If the victim suffered from gonorrheal infection or
body louse infestation, examination of the
offender for the presence of those condition
may be material.
Potency of the offender.
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E. Evidences that may be gathered in the examination
of Pubic Hair of the victim:
Pubic hair shed from the offender;
Semen and spermatozoa;
Blood or blood stain;
Body louse
Qualified Seduction
Art. 337, RPC, Qualified Seduction:
Requisites of the crime of Qualified Seduction
1. Virginity of the offended party;
2. The age of the offended party must be over 12
and under 18 years of age;
3. The act was done by abuse of authority,
confidence or relationship; and
4. Lead knowledge of the offended party
Art. 338, RPC, Simple Seduction.
Requisites
1. The offended party must be woman 12 and
years of age.
2. He must be single or a widow of good
reputation;
3. must be a carnal; knowledge; and
4. The carnal knowledge was committed by
means of deceit
Art. 336, RPC, Act of Lasciviousness.
Elements:
1. The offender commits acts of lasciviousness upon
any other person of either sex;
2. The lascivious act was done by means of
a. By using force or intimidation;
b. By the offended party of her reason or
otherwise unconscious; and
c. When victim is under 12 and under 18 years
of age.
Art. 339, RPC, Acts of Lasciviousness with the consent of the
offended Party.
 Requisites:
1. The offender must be a man who
committed acts of lasciviousness;
2. The victim is a woman who is a virgin, or
single, or a widow of good reputation. She
must be over 12 and under 18 years of
age. The victim maybe a sister or
descendent in which case virginity and age
of the offended party is not necessary; and
3. The offender was able to perform the
lasciviousness act by abuse of confidence,
authority, relationship or deceit.
Art. 342, Forcible Abduction.
Elements:
1. The person who is kidnapped must be a
woman. The wonam’s marital status and
personal circumstances are immaterial;
2. The crime must be committed against her
will;
3. It must be committed with unchaste
designs, that is with the intention of lying
with the woman.
Existence of Separation in fact between the husband and wife.
If there is a separation in fact, the taking by the
husband of his wife, against her will, the crime committed by
the husband is Grave Coercion, and not forcible abduction.
Possible Conviction of Acts of Lasciviousness and
again Forcible Abduction.
In such cases, there is no “Double jeopardy” if the
accused is convicted of Acts of Lasciviousness and again
Forcible Abduction.
Article 343, PRC, Consented Abduction.
Elements:
1. That the offended party is a virgin;
2. That she is over 12 but 18 years of age;
3. That she has been abducted with her
consent; and
62
4. That the abduction has been committed
with lewd designs.
H. ARSON
Art. 320, RPC, Destructive Arson.
This crime is committed by burning of:
1. Any arsenal, shipyard, storehouse, or military powder or
fireworks factory, ordinance store house, archieves or
general museum of the government;
2. Any passenger train or motor vehicle in motion or vessel
out of the port;
3. In an inhabited place, any storehouses or factory of
inflammable or explosive materials; and
4. Any theater , church cockpit, or other building where
meetings are held, when occupied by a numerous
assemblage.
Art 321, RPC, Other forms of Arson as amended by RA No.
5467.
1. Setting fire to any building, farmhouse,
warehouse, hut, shelter, or vessel in port,
knowing it to be occupied at the time by
one person or more persons;
2. Building burned in a public building and
value of damage exceeds P6,000;
3. Building burned in public building and
purpose is to destroy evidence kept
therein to be used in instituting prosecution
for punishment of violators of the law
irrespective of amount damage;
4. Building burned is a public building and the
purpose is to destroy evidence kept
therein to be used in legislative, judicial or
administrative proceeding, irrespective of
value of damage, if evidence is to be used
against defendant for prosecution of any
crime punishable under existing laws;
5. arson committed with intent to collect an
insurance policy against loss or damage
by fire;
6. Burning: 1) inhabited house, or 2) any
other building in which people are
accustomed to meet and offender did not
know such building was occupied at the
 time, 3) mowing freight train, or motor
vehicle and value of damage exceeds
P6,000.
7. Burning a public building and the value
damage does not exceed P6,000; and
8. Burning a farm, sugar mill, cane mill, mill
central, bamboo grooves, or similar
plantation and damage caused exceed
P6,000.
Art. 323, RPC, Arson of Property of Small Value.
Elements:
1. That the uninhabited hut, storehouse, barn,
shed, or any other property is burned;
2. The value of the property burned does not
exceed P25.00;
3. The burning was done at a time or under
circumstances which clearly excluded all
danger of the fire spreading.
Art. 324, RPC, Crimes involving Destruction.
The offender causes destruction by any of the following
means:
1. Explosion;
2. Discharge of electric current;
3. Sinking or stranding a vessel;
4. Inundation;
5. International damaging of the engine f the
said vessel;
6. Removing rails from railway tracks;
7. Maliciously changing railway signals for
the safety of moving trains;
8. destroying telegraph wires and telegraph
posts or any communication system; and
9. Using similar agency of destruction as
effective as those above.
Art. 325, RPC, Burning One’s Own Property as a means to
Commit.
Elements:
1. That the property is the exclusive property of the
offender
2. That the purpose of the offender in burring is:
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a) to defraud or to cause damage to another, or
b) If such purpose is lacking, said damage or
prejudice is actually caused, or
c) If the thing burned is a building in an
inhabited place
Attempted, Frustrated and Consummated Arson.
1. Attempted Arson - If a person intended to burn a
wooden house, collected rags soaked in gasoline
and placed it beside the wall, but then he was
about to light it, he was seen by another who ran
after him.
2. Frustrated Arson - If the person who was able to
light the rags but the fire was put out before any
part of the building was burned.
3. Consummated Arson - But if before the fire was
put out, part of the building was burned.
Arson is defined as the malicious destruction of the
property by fire. The criminal liability in arson is based on
the following:
1. Kind and character of the building
burned;
2. Its location;
3. Extent or value of the damage;
4. Whether or not the offender knew
that the building was occupied or not.
In arson, it is not necessary that there be flame or that
the structure be consumed or materially damaged. Ignition
satisfies the requirement in burning.
Malicious intent of the offender must be proven in arson,
otherwise, no crime exist. The law presumes that a fire is
accidental in origin, hence the criminal design must be
show. Fire caused by accident or negligence does not
constitute arson. The intent can be inferred from the does
not constitute arson. The intent can be inferred from the
facts of the case, like application for fire insurance, threat,
quarrels, etc.
Method of proof
Because the physical evidence which normally
provides assistance in an investigation is often destroyed in
the crime of arson, the gathering of proof is its commission
is often difficult. The establishment of the Corpus Delicti
and identity of the perpetrator are required in the crime of
arson:
1. Corpus Delicti:
The mere confession of a with respect to burning is
not a sufficient proof of guilt unless the Corpus Delicti
hat been established. In the proof of Corpus Delicti, the
following two facts must be established:
1) Burning - If must be shown that there
was fire. The burning of the property
and its location can be established by
the direct testimony of the complainant,
fire department personnel, or other
eyewitnesses. Physical evidence in
the from of burned parts of the building
may also be offered as proof.
2) Criminal Design - It must be shown
that the fire was wilfully set by a
person criminally responsible. This
fact can be established by the
discovery of incendiary devise,
unexplained presence of accelerants
such as gasoline, kerosene, or by
eyewitnesses. It must be shown that
the fire is not accidental or by natural
cause.
2. Other Evidences:
After Corpus Delicti has been established, any
evidence direct or circumstantial may be introduced to
show that the act was committed by the accused and
that it was done with criminal intent.
1) Evidence Associating the suspect with
the scene
Clue material such as tools,
matches, and articles of clothing’s may be
found at the scene of the crime and
sometimes traced to the suspect, or the
suspect may have carried on his person or
clothing’s traces which link him to the
scene of the crime.
2) Evidence showing Intent
Removal of valuable articles,
substitution of inferior articles, ill feeling,
unfriendly relations between the accused
and occupants of the burned building,
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absence of effort to extinguish the fire or to
turn the fire alarm may prove intent.
Motives of Arson:
Motives is not necessary to be proven in a criminal
proceedings, but once motive is shown, then intent can easily
be established. Motive therefore can be easily established by:
1. Economic Case
1) Insurance Fraud with the assured Directly
Benefiting:
a. Desire is more – The premises may
no longer desirable because of the
condition of the building, the fact that the
quarters are outgrown or because of the
locality.
b. Disposing of Merchandise – The
business on hand may lose value by
reason of the seasonal nature of the
business, obsolescence, sacristy of
materials necessary to complete contracts,
overstock in the absence of expected
order, or a changing market.
c. Property Transaction – The
business itself may no longer be desirable
because of the impending liquidation,
settlement of an estate of which is part,
need for cash, prospective failure, the
comparatively greater value of the land, or
the comparatively greater value of the
insurance benefits.
2) Profit by the Perpetrator Other Than the
Assured.
2) Insurance agents wishing business
3) Insurance adjusters desiring to adjust a loss by
securing a contract
4) Business competitors
5) Person seeking jobs as protection personnel
6) Salvagers
7) Contractors’ whishing to rebuild or wreck.
2. Concealment of Crime:
 The most may set fire to a building in order to conceal 3. Poorly managed defective heating
a projected or past crime. He may wish to divert facilities;
attention in order to loot the burning premises or steal 4. Spontaneous arising from the storage of
in other places. The burning maybe the purpose of articles in poorly ventilated place;
destroying evidences. 5. Sun rays focused on glasses which may
3. Punitive measure: serve as convex lens;

An arsonist may use fire as a means of punishing 6. Explosion from petroleum products,
alcohol and other substances;
another person for reason of jealousy, hatred, or revenge.
7. Lightning;
4. Intimidation or Economic Disabling:
8. Electrical defects;
The fire may be used as a weapon of the saboteur, the
strikers, or racketeer to intimidate or to disable 9. Ark or spark; and
economically as a step toward forcing submission to certain 10. Overheating
demands. Investigation During the Fire:
5. Pyromania: Observation During the Fire:
Pyromania is the uncontrollable impulse of a person to 1) Smoke and Vapor – The characteristics
burn anything without motivation. Pyromaniacs usually do of the smoke, steam or other vapour
not run away from the scene of the crime, usually alone, which emanate from the fire may
and feel satisfied watching the flame. indicate the nature of the burning
substances.
Types of pyromaniacs:
a) Steam and Smaoke –
Indicate himud
1. Abnormal youth - Epileptics, imbeciles and morons substance come in
may set fire without knowing the seriousness of the act. contact with
combustible
2. The “Hero” Type - A person may set fire on a building, substances. The water
subsequently pretends to discover it, and turn in the present in humid
alarm so that he will appear a “hero” to the public. A substances evaporate
person may burn a building and endeavour to achieve before the substance
spectacular rescue in order to attract the attention of begins to burn.
spectators.
b) White Smoke – May
3. Alcoholics and Drug addicts- persons who subject indicate the presence
themselves to intense artificial stimulants such as of phosporus.
alcohol or narcotics sometimes develop a strong urge
toward incendiarism. c) Grayish Smoke – May
be caused by flying ash
4. Sexual Deviates- Some sex perverts derive sexual or soot of loosely
stimulation from setting a fire and watching the flame. packed substances
Frequently he is a chronic masturbator who stimulate such as straw and hay.
and enhances his sexual gratification by means or
arson. d) Black Smoke – Maybe
produced by
Causes of fire: incomplete combustion
1. Carelessly discarded cigarettes; or preponderance in
the burning material of
2. Careless disposition of readily a product with
combustible materials; petroleum base such
as rubber, tar,
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 turpentine, or
petroleum.
e) Reddish-brown or
Yellow Smoke – May
indicate the presence
of nitrates or
substances with a
nitrocellulose base. It
maybe observed in
burning nitric acid,
nitrated plastic, film, or
smokeless gun powder.
2. Color of Flame – The flame color may
indicate the intensity of the fire and also the
nature of the combustible substance. The
temperature of the flame varies from 500 to
1,500°C and the color ranges from red,
yellow and finally a binding white. Alcohol
has blue flame and red flame indicating the
presence of petroleum products.
3. Size of Fire – The size of the fire can be
appreciated at the time of arrival and
subsequently thereafter. Unusual extension
indicates of accelerants. Knowledge of type
of construction, the ventilation facilities and
the normal contents of the building will
enable a professional observer to form an
opinion as to whether the fire has travelled
abnormally fast.
4. Direction of Travel – The flame tends to rise
until meeting an obstacle wherein it projects
horizontally to seek other vertical outlet. The
extent and rate of travel in the horizontal
direction will depend primarily on the
direction of the wind and on ventilation, such
as the availability of doors and windows. The
spread of the fire in an unusual condition
indicates the presence of accelerant.
5. Location of Flame – Investigator must take
note the location and number of points of
origin. Unrelated fire in different places are
indicative of arson.
6. Odors – Many accelerants have
characteristic smell. The smell of highly
inflammable substance in an area where it is
not normally used should arouse suspicion.
Turpentine, alcohol, kerosene and gasoline
66
are among the accelerants which emit
characteristic odours.
B. Examination During Fire:
After observation, the investigator can make important
examinations of the building and scene.
1.Exterior Openings – The investigator should take note
the condition of windows, doors, or other openings.
Locked outside doors and obstructed entrances
may indicate an intent to impede the fireman in the
efforts to extinguish the fire. Open windows and
interior passageway doors may suggest an
arrangement for ventilating the fire and promoting
its rapid progress. Covered windows indicated an
effort on the part of the arsonist to conceal his
preparation and work.
2.Preliminary Examination of the Scene – This must be
made on the surroundings and attention must be
focused on two types of evidences, namely:
1) Equipment that may have been used by the
arsonist such as container, match, and tools,
2) Traces which may lead to the perpetrators
identity such as shoe or type impressions, etc.
3) Photography – Progressive stage of the
burning must photograph from various angle.
Photograph of the spectator may be necessary
for the possibility of pyromaniacs.
4) Observation of the Spectators – Pyromaniac
arsonist usually remain at the fire scene to
watch the fire. Exceptional satisfaction or
excitement may indicate a pyromaniac in the
crowd. If the fire takes place during normal
sleeping hours, the arsonist may be
sometimes distinguishable by being one of the
few clothed person among the spectators.
Investigation of the Scene After the Fire:
If the fire has been promptly reported and extinguished,
the discovery of incriminating evidence may be simple, but if
the area has been reduced to ashes recovery of traces of
evidence will be difficult matter. Whatever be the condition of
the scene, a patient or perseverance, methodological study of
the area may reveal the criminal design and the method of
operation of the arsonist.
In this connection, the following are the procedures that
may guide an arson investigator in its investigation after the fire:
1. Safeguard The Scene – The investigator must on sketched before it is removed. The following
prevent unnecessary disturbance of the debris kinds of physical evidences should be collected in
and the intrusions of unauthorized person. This the fire scene:
can be done with closed cooperation of the fire
department. Containers – Bottles, cans, barrels,
pails or boxes to hold the
2. Order of Searching – The area surrounding the combustible liquid may be
burned property should be thoroughly
recovered from the fire scene.
examined for traces and clue. Doors and
windows should be examined for the presence The original container should be
of breaks, tool impressions, broken window collected and preserved.
panes, forced locks. The investigator may go Ashes and Debris – The ashes and
to the interior for clues of accelerants from the
debris which may possibly
remains.
contain clothing which normally
3. Locating the Point of Origin – The region in not completely burned unless
which the fire originated may be determined by soak with accelerant may be
the information obtained from witnesses and significant in the examination.
by the examination of the debris. In searching
the origin, it is necessary to follow the path of Fingerprints and Impression – A
the burning to round the edge of the side away search for fingerprints should be
from the source of the flames. given special attention
especially on suspicious
4. Examining the points of origin – The remains
container of accelerant. The
at the point of origin must be studied carefully
for the purpose of determining the cause of the object containing the print
fire. A search should be made for traces of should be preserved, packed
combustible materials. Substances such as and transported to the
peculiarly colored materials should be laboratory. Tool marks, shoe or
collected for laboratory examination. Peculiar tire impressions should be
odor should be noted.
photographed processed by
5. Traces of Accelerants – Attention should be recommended methods and
focused for the presence of traces of the sent to the laboratory for further
accelerants like kerosene, gasoline or study.
turpentine. A study of the manner in which
wood are charred sometimes reveals Incendiary Devices – Suspicious
indication as to an accelerant. If a wood is articles like wires, fuses straw or
soaked with a petroleum product, such as candles which may form part of
gasoline or kerosene, prior to burning it, will the incendiary device should be
acquire a distinctive appearance in charring. collected.
6. Altered Protected Devises – To insure 7. Tools – Tools might have been brought there
destruction, the arsonist sometimes tampers and abandoned by the arsonist in his
the alarm system device. The water flow may preparation. If tool marks are present on door
be examined for signs of tampering. Abnormal jambs and window as a result of forcible entry,
condition of the fire doors, transoms and the blades comparison of size and for paint
windows should be observed. particles.
The Physical Evidences and its Collection – Any 8. Documents – Arsonist may expose the
piece of evidence that appears to have unusual incriminating documents to flame. In the
significance should be photographed and located examination of such documents, the absence

67
 of certain papers, such as insurance policy,
which are normally kept in the area, should be
investigated.
Interior arrangement
The condition and the contest of various areas
in the building should be noted. An occupant planning a fire will
be tempted to remove certain items such as articles of value of
sentimental significance. Jweelry, insurance policy, or any thing
of value may be removed. Books of account may be tented on
the table to facilitate combustion.
Witnesses
A valuable information my be obtained by arson
investigator thru the process of careful questioning the various
person associated with the discovery and control of the fire, the
occupants of the building, including watchman, if any.
Evidences tending to establish intent and motive as well as the
location and identification of the perpetrator.
1) Person First Arriving at the Fire – Every effort
person who first saw the fire. Identity of the
persons who turned in the alarm should be made
and he can determine the exact point where the
fire began and the number of places it started. The
opinion as regards the probable origin of the fire,
color of the smoke, the general appearance of the
conflagration may be determined by the person
who first arrived at the fire.
2) Fireman – The fireman should be asked question
concerning the nature of the fire, color of the
flames and smoke, and the receptible odor. He can
also give the investigator information as to
condition of the doors and windows.
3) Watchman – The watchman of the building can
give detailed information concerning the condition
of the building before the fire. Inquiries from the
watchman must be made regarding the recent
behaviour of the occupants and the movements of
the last person and pieces of furniture. Information
regarding the last person to leave the building, his
suspicion and theory concerning the origin of the
fire may be asked from him.
4) Occupants – Occupants and employees in the
building must be interviewed separately. They
should be encouraged to state their theories and
suspicion of the fire.
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5) The owner must be questioned with regard to prior
arrest, apprehensions, convictions, previous fires,
financial standing, business, domestic conditions,
hobbies or amusements,
Photography and Sketching, Packing and Forwarding
of Evidences.
The photographer should follow and take the
order of the search and photograph each of
significance to the investigation prior to the search.
Each important piece of evidence should be
photograph in its original condition and in its position
when it is completely uncovered. Sketch must be made
to supplement photography.
All possible clues including those suspicious to
contain accelerants must be properly packed and
forwarded for laboratory examination.
The following data are usually of valuable
assistance and should be included in the Letter of
Transmittal in addition to the regularly required
information.
1. Date and Time of Burning;
2. A brief description of the type and
construction of burned building or object
and the extent of damage or destruction
caused by the fire;
3. A list of the chemical agents used in
extinguishing the fire;
4. Photographs and scaled sketches on
which are indicated the points where the
various articles of evidence were located.