CRIMINOLOGY BOARD REVIEW

( Criminal Investigation )

CRIMINAL INVESTIGATION

Criminal Investigation – is an art which deals with the identity and location of the
offender and provides evidence of his guilt in a criminal proceeding
Objective of Criminal Investigation
a. identify the criminal
b. locate the offender
c. provide evidence for his guilt; and
d. testify to court
Qualities of an Investigator
a. perseverance
b. intelligent and with ability to get information
c. honest, incorruptible and with integrity
d. keen power of observation and memory retention
e. resourceful and quick witted
Tools of Investigation
a. Information
b. Interrogation or Interview
c. Instrumentation
Phases of Criminal Investigation:
a. Identification of the criminal
b. Tracing and locating the offender
c. Gathering of evidence
Methods of Identifying the Criminals
a. by confession or admission of the criminal
b. by identification and Testimonies of Eyewitnesses
c. by identification based on Circumstantial Evidences
d. by the identification based on Associate Evidences
e. identification by the method of Operation (Modus Operandi)
Requisites in Taking Confession or Admission:
a. must be freely and voluntarily given (Note: the suspect under custodial
investigation must be informed of his right to counsel and to remain silent
as provided under the Constitution.)
b. must be in writing and under oath preferably
c. must be written in the language understood by the accused.

Methods of Identification by Witnesses:

a. Verbal description given by the witnesses
b. Photographic Files (Rogue’s Gallery)
c. General Photograph (Cartographer’s sketch)
d. Artist’s Assistance
e. Police Line-up

Sources of Circumstantial Evidences:

a. Motive – what induces criminal act.
b. Opportunity – physical possibility that allow a criminal to commit an act
c. Intent – the accomplishment of the criminal act
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Categories of Criminal Activities under the M.O. File

a. as to the nature of stolen property
b. as to the description of the criminal
c. as to the observation of the crime scene
d. as to the motive
e. as to the time of the commission
f. as to the human peculiarities
g. as to the observed natural peculiarities
h. as to the manner the crime was committed
Informant – is a person who gives information to the investigators.

Types of Informants
a. Anonymous informant
b. Rival-elimination informant
c. False informant
d. Frightened informant
e. Self-aggrandizing informant
f. Mercenary informant
g. Double Crosser informant
h. Woman informant
Motives of Informant
a. vanity
b. civil mindedness
c. fear
d. repentance
e. avoidance of punishment
f. Gratitude
g. Competition
h. Revenge
i. Jealousy
j. Remuneration
How to maintain relationships with the Informants:
a. safeguard the identity of the informant to insure his security
b. disclosed the identity of informant to proper authorities only
c. treat the informants fairly and considerably regardless of his character,
education and status
d. be reliable in making promises to the informant
e. do not allow the informant to take control or be actively involved in the
investigation.
How to Communicate with Informants:
a. avoid meeting informant at your office
b. no repetition of the place of meetings or avoid making a recognizable
pattern of communication
c. do not use proper names in telephone calls but use designated code
d. identity of the investigators office should not be used in sending
messages to the informant.

Surveillance – is the disguised or secret observation of places, persons and

vehicles for the purpose of obtaining information concerning the
identities or activities of the subject or criminals.

Methods of Surveillance:
a. surveillance of places
b. tailing or shadowing
c. undercover investigation or “roping”
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Objectives of Surveillance:
a. to detect criminal activities
b. identify persons frequenting the place where the crime was committed
c. obtain evidences and arrest persons connected with the crime.
d. to provide security

Suggested appearance of Surveillant:

a. average size, built and general appearance
b. no noticeable peculiarities
c. wearing inconspicuous jewelry or clothing
d. with perseverance showing no signs of irritation or impatience during
surveillance
e. always give the appearance of attending strictly to his own business
f. resourceful, versatile, and quick witted to give excuses.
g. good talker to talk his way out of embarrassing situation
h. be ready with standard lines of excuses.

Shadowing – the act of following a person called tailing.

Purposes:
a. to detect evidence of criminal evidences
b. find wanted person
c. protect a witness
d. discover associates of criminal
e. check loyalties of employees

Two Types of Surveillance

a. Fixed
b. Moving

Types of Shadowing:
a. Loose Tail
b. Rough Shadowing
c. Close Tail

Suggested acts and behavior during surveillance operation

a. do not meet the eye of the subject
b. do not adopt slouching, creeping, peeking manner that attract others
c. no wearing of story book disguises
d. do not carry briefcases, notebooks, papers or other noticeable objects.
e. no greeting of fellow police officers
f. do not make notations in noticeable manner

Types of Shadowing by Foot:

a. One-man shadow
b. Two- man shadow
c. ABC Method or Three-man shadow

Particular Techniques in Shadowing:

a. Turning corners
b. Entering a Building
c. Taking a Bus
d. Taking a Taxi
e. Taking a Train
f. Inside a Hotel
g. In a telephone booth
h. Inside the theatre
i. If the subject meets another person.
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Precautions to be observed in Tailing by Automobiles:

a. do not park in the spot too long
b. do not sit behind the steering wheel for extended period
c. do not use conspicuous car, use ordinary colored cars
d. approach parking position in surreptitious manner
e. no parking in prohibited zone
f. do not be mysterious about leaving or returning to the car
g. tone down volume of hand held radios
h. no conference or “board meeting” inside the car
i. brief relieving team of pertinent data gathered
j. do not make telephone calls in the same spot
k. be normal in your appearance.

UNDERCOVER ASSIGNMENTS – otherwise known as roping is a form of

investigation in which the investigator assume a different and unofficial
identity in order to obtain information and locate the criminal.

Objectives of Undercover Work:

a. obtaining evidences
b. obtaining information
c. check veracity of information given
d. identify the subject of undercover work
e. counter check on members of the team
f. prepare steps to be taken before raid is conducted.

Qualifications required of an Undercover man:

a. As to personal background – fitted to the environment of his
assignment, speech, line of thinking, education and technical
background must be suited to his associates whom he will work with.
b. As to temperament and personality – affable and enduring self-
confident and resourceful.
c. As to his intellect – intelligent, clear view of his assignment, retentive
memory, good imagination and excellent observer
d. As to complete knowledge of assignment – must be given a good
account of his place of assignment and he could easily adopt to the
surroundings.

Preparation to be done by Undercover Agent:

a. study personal data of the subject, descriptions, his relatives and
associates
b. study subjects vices, hobbies, education, occupation, and skills
c. study the layout and maps of the area, character of the location
d. be ready with two (2) cover stories, not necessarily fictitious
e. remove articles that will reveal his true identity such as badges, IDs,
photographs and etc.
f. memorize all details of the assignment and practice should be done
g. adapt a plan when to disclose his identity.

Rules to be observed in communicating with the Headquarters:

a. By telephone
b. Use of written report
c. Secret meetings
d. Making emergency reports

Note: When the undercover agent is through with his assignment, he

must not “vanish” immediately. Reasons must be provided for his leaving
the area. This will give him the chance to return unnoticed if adopted.
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GATHERING OF EVIDENCE

Note: Generally, criminal investigation starts at the crime scene except

in cases of forgery and embezzlement.

Preliminary steps upon arrival at the crime scene.

a. identify, if possible retain, the first person who notified the police
b. identify the possible suspect by inquiry
c. detain all persons present at the crime scene for short questioning
d. summon assistance if necessary
e. safeguard the crime scene
f. do not touch or move any object
g. assign the duties of each and every investigators present.

Assignment of duties of Investigators:

a. Officer-in-charge
b. Assistant Officer-in-charge
c. Photographer
d. Sketcher
e. Master Note Taker
f. Evidence Man
g. Measurer
h. Technicians depending on the type of the crime such as fingerprint,
ballisticians, etc.

Four Sources of Evidence:

a. Physical Evidence
b. Testimony Evidence
c. Circumstantial Evidence
d. Documentary Evidence

Methods of Search of the Crime Scene:

a. Strip method
b. Spiral method
c. Zone method
d. Wheel method

Equipments to be used in crime scene search:

1. Searching tools – flashlights, magnifier
2. Sketching instruments
3. Collection of evidence tools
4. For preservation of evidences

Note: Reconstruction of the crime scene maybe made either by physical

reconstruction or mental reconstruction in order to get an idea of what was
the appearance of the crime scene before the commission of the crime.

PHOTOGRAPHING THE CRIME SCENE

Kinds of Photographs to be taken:

a. Over-all photographs
b. Photographs of the deceased
c. Photographs of the Articles of Evidence
d. Special Techniques
e. Environmental Photographs
f. Photographs of the body after removal
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Photographic data to be kept by the Photographer:

a. identity of the photo with the offense
b. identity of the photographer and official designation
c. data to orient the camera position with the scene
d. date and time photograph was taken
e. type and make of camera, films and detail of equipment used
f. light and weather condition when photograph was taken
g. focal length of the lens
h. data regarding developing, printing and laboratory technique
i. chain of custody of the photographs

SKETCH OF THE CRIME SCENE

Sketch – is the simplest and the most effective way of showing actual
measurement and of identifying significant items of evidence in their location at
the scene. Sketching is supplementary to the photographs taken.

Kinds of Sketch:
a. Rough sketch
b. Finished sketch

Elements of Sketching:
a. measurements - accurate
b. compass direction
c. essential items
d. scale or proportion
e. legend – symbols explanation
f. title

Rules in making a Sketch of the Crime Scene:

1. never forget the direction of compass
2. control measurement
3. irrelevant matters should not be included
4. do not rely on memory
5. scale must be drawn on the sketch

CARE, PREVENTION AND TRANSPORTING OF PHYSICAL EVIDENCES

Physical Evidences – articles and materials found at the crime scene relative to
the crime.

Kinds of Physical Evidences:

a. corpus delicti
b. associative evidence
c. tracing evidences

Rules to be observed by the Investigator in considering the admissibility of

physical evidences in court:
a. the articles gathered must be properly identified
b. there must be continuity or chain of custody
c. the evidence is competent, material and relevant

Causes of alteration of physical evidence:

a. natural causes
b. negligence and accidents
c. intentional damage or theft
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Chain of Custody – is the proper identification of people that are responsible for
the care, safekeeping and preservation of an evidence. Exhibits must be
properly maintained in order for the evidence to become admissible in
court.

Records data to be required by Evidence Custodian upon receiving physical

evidences for custody:

a. date the evidence was received

b. file number of the case
c. title of the case
d. person of place from whom or at which received
e. person who received the evidence
f. complete description of the items received
g. disposition taken
h. identity of the officer in control of the evidence room

COLLECTION OF PHYSICAL EVIDENCE

Suggested methods of collection specific physical evidences:

a. Fingerprints
b. Firearms, knives, and tools
c. Hairs and Fibers
d. Dirt, oil, particles, fillings and fragments
e. Bullets and fires cases
f. Clothing
g. Semen, stains
h. Blood
i. Paint on vehicles
j. Others

IDENTIFICATION OF PHYSICAL EVIDENCE GATHERED

a. By marking
b. By sealing
c. By labeling
d. Tagging

Special way of labeling specific evidences:

a. Documents
b. Firearms
c. Loaded weapons
d. Bullet
e. Cartridge case
f. Shotgun shells
g. Shotgun wads
h. Small shots
i. Clothing
j. Plastic cast
k. Bladed weapon
l. Chemicals
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INTERVIEW AND INTERROGATION

Interview – is the questioning of a person who is believed to possess knowledge

that is of official interest to the investigator

Qualification of Interviewer:
a. good report or relationship with the subject to gain confidence
b. must have forceful personality, sympathetic and understanding
c. there must be common interest between the interviewer and subject
d. must have the qualities of a good salesman, actor and psychologist

Stages of Interviewer in Criminal Cases:

a. Preparation
b. Manner of Approaches
c. Warming up
d. Questioning and Guidelines

Rules to be observed in questioning the subject:

a. one question at a time
b. no questions with implied answers
c. questions must be brief and simple
d. do not embarrass the subject or ridicule about his errors
e. no leading questions
f. investigator must dominate the interview

Types and Attitude of Subject Interviewed:

a. Know Nothing
b. Disinterested
c. Drunken
d. Suspicious
e. Talkative
f. Honest witness
g. Timid witness
h. Boasting
i. Deceitful witness

INTERROGATION – is the questioning of a person suspected of having

committed an offense or of a person which is reluctant to make a full
disclosure of information in his possession.

Purposes of Interrogation:
a. obtain a confession to the crime
b. induce subject to make admission
c. learn the facts surrounding the crime
d. verify the whereabouts of the fruits of the crime
e. discover other details of the crime

Attitude to be adopted during Interrogation:

a. dominate the interview, never loss self control and do not fumble in
making questions
b. avoid distracting mannerism, such as smoking, telephone ringing,
pacing the room and etc.
c. use language best understood by the subject
d. wear civilian dress, no guns and uniforms
e. identify yourself, inform the subject about his legal rights
f. limit the number of persons present, only the interrogator must be
present if preferable
g. conduct the interrogation in a place where the investigator has
psychological advantage.
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Description of the Interrogation Room:

a. there must be privacy, one door, no windows, sound proof, no
telephone ringing
b. must be simple not to attract attention of the subject
c. seating arrangement, no obstruction and bare furniture
d. recording devices must be hidden, one way mirror is recommended

Behavior of Investigator during Interrogation:

a. maintain a pleasant mood, no impatience
b. control your tempter, never show anger
c. radiate a feeling of confidence
d. be discreet about the theory of the case
e. avoid clash of personality
f. place under suspicion every statement given. Verify its veracity later
g. do not belittle the subject

Suggested Techniques of Interrogation:

a. Emotional Appeal
b. Friendly Approaches
c. “Mutt & Jeff”
d. Helpful Adviser and Big Brother
e. Shifting the blame
f. Creating or increasing the feeling of Anxiety by the following methods:
1. exaggerating fear
2. choice of greater or lesser guilt
3. line up method or reverse line-up
4. “Bluff on a Split Pair”

METHODS OF POLICE ARREST

Arrest – is the taking of a person into custody in order that he may be

forthcoming to answer for the commission of an offense.

Police Restraint - is a method employed by the investigators to deprive the

liberty of a person by taking him into custody, otherwise known as
apprehension. This is usually called as:

a. detaining for questioning

b. protective custody
c. custodial investigation
d. holding on a short affidavit

Guidelines to be adopted in making arrest:

1. summon assistance to insure safety to the arresting officer or provide
witnesses in case of any unexpected occurrences
2. select the place of arrest but preferably in a place where there is a minimum
of persons present.
3. Determine the needed force to be used in making arrest.
4. Adopt a certain pattern of behavior in the conduct of arrest.

POLICE SEARCH AND SEIZURES

Search Warrant- an order in writing and issued in the name of the People of the
Philippines, signed by a judge and directed to a peace officer,
commanding him to search for personal property and bring it before the
court.
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METHODS OF SEARCHES BY THE POLICE

a. Preliminary searches of persons – made at the time of arrest and scene of the
crime to discover weapons and other incriminating evidences. This methods
could be:

1. Wall search
2. Kneel searching
3. Floor search
4. Standing search

b. Complete Searches of Person – a second search at the place of detention.

The person is directed to remove all his clothing to make a thorough search.

Police Raid- it is a surprise invasion of a building or an area. It is an attach

on a small scale of a limited territory. There must be a valid search warrant.

Purposes of Raid
1. To effect an apprehension
2. To obtain evidence of illegal activity by surprising in “Flagranti Delicto”
3. To recover stolen property.

The Planning of a Raid

1. there must be intelligent planning and understanding of its nature
2. there must be superiority of manpower and equipment
3. actions taken must be surreptitious and with speed
4. situation must be estimated and mission clearly stated
5. study the strength of the opposition, the building and terrain carefully
6. plans should be made to achieve maximum objectives with minimum
personnel injuries and property damages
7. participants must be properly informed and opposition identified
8. arrest should be made if necessary and evidences be gathered

Things to be considered in the Raid

1. Building 3. Neighborhood
2. Persons 4. Topography

Characteristics of an Effective Plan of a Raid

1. Plan must be simple.
2. Composition of the raiding team must be determined.
3. Position and movement must be precise and determined
4. Weapons to be used must be properly checked.
5. Signals for coordination must be adopted.
6. Point of danger must be known and explained.
7. Transportation needed must be available.
8. The members of the raid party be familiar with raid sketch or model.
9. Communication equipment must be tested and the men to use it must
be properly instructed.
10. Designation of member’s specific duties and responsibilities must be
detailed.

PROCEDURE IN RAID OPERATION

1. Approach to the assembly point
2. Warning to the subjects if necessary
3. Attack on the building in case of refusal to surrender
4. Final acts of the raiding party
5. Post operation critics
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POLICE POWER – DEFINED

“Police power is the power of promoting the public welfare by restraining

and regulating the use of liberty and property (The Police Power, Chicago, 1904,
by Prof. Freund; as cited in page 42, Constitutional Law, by Justice Isagani Cruz,
1985 edition).

Sec. 2. The right of the people to be secured in their persons, houses,

papers, and effects against unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and no search warrant or warrant
of arrest shall issue except upon probable cause to be determined personally by
the judge after examination under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the place to be searched
and the persons or things to be seized.

Sec. 14 (1) No person shall be held for a criminal offense without due
process of law.

Sec. 14 (2) In all criminal prosecutions, the accused shall be presumed

innocent until the contrary is proved, and shall enjoy the right to be heard by
himself and counsel, to be informed of the nature and cause of the accusation
against him, to have a speedy impartial and public trial, to meet the witnesses
face to face, and to have compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf. However, after
arraignment, trial may proceed notwithstanding the absence of the accused
provided that he has been duly notified and his failure to appear is unjustifiable.

FOR PURPOSES OF CRIMINAL INVESTIGATION PROCEDURE, the

following must be established in the prosecution of all crimes and offenses:

1. that a crime had in fact been committed;

2. the factual and legal reasons for imputing to a person or persons the
crime committed;
3. the commission or omission of the specific act constituting felony
punished under the Revised Penal Code, or the specific act
constituting a crime or offense punished by special statutes;
4. All the essential elements of the felony or crime as defined by the
Code or by special penal statutes must be present;
5. The criminal action imputed against the offender has not yet
prescribed.

As a generally accepted rule of Criminal Investigation Procedure, it is not

within the competence, discretion or authority of an officer-on-case to adjudge
that the suspect is exempted from criminal liability to the crime for which he is
charged EXCEPT in those instances wherein documentary evidences (Birth
Certificate, for example) clearly establish that the suspect is non-indictable
because he is nine years old or below (part. No. 2, Article 12, RPC).

Settled is the rule that the CHIEF OF POLICE is now a PERSON IN

AUTHORITY as he is vested with authority to maintain peace and order and is
specifically duty bound to prosecute and to apprehend violators of the law
(People vs. Rodil, 190 SCRA 308, decided in 1981; People vs. Regala, 113
SCRA 613, decided in 1982; as cited in page 136 supra). Hence, this
aggravating circumstance will be applicable if the crime is committed in his
presence while he is engaged in the performance of his official functions, in
complete disregard of his public authority as a person in authority, provided that
he crime was not committed against him.
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Relevance of Article 100 of the Revised Penal Code (RPC) to Criminal

Investigation Procedure:

Criminal investigators are under legal and moral obligation to prove and
establish the civil claims of an offended party as a consequence of a criminal act.
They must judiciously search and ascertain the civil liabilities of the offender as a
result of his criminal act and prove it by relevant, competent and admissible
evidence in court.

“JURISDICTION” is the authority to hear and the right to act on a case

(U.S. vs. Pagdayuman, 5 Phil. 265; Velunta vs. Philippine Constabulary, 157
SCRA 147; as cited in page 4 –5, Philippine Courts and their Jurisdiction, by
Camilo D. Quiason, 1993 edition).

Territorial jurisdiction refers to the limits of the geographical boundaries of

a region within which a court has jurisdiction to act judicially. The power of the
court is considered with reference to the territory within which it is to be exercised
(page 105, supra).

Grounds constituting waiver of any irregularity attending the arrest of a

person:

(1) Posting of bail

(2) Failure to quash the information on ground that due to the defective
arrest, the court did not acquire jurisdiction over the person of the
accused
(3) Entering a plea
(4) Failure to raise the question of the jurisdiction of the court over the
person of the accused until after six years and after the case has been
heard before three courts

The simplest legal technique in determining the proper criminal jurisdiction

of a given case is to examine the nature of the felony or offense allegedly
committed or violated by the suspect.

If the crime is punishable by an imprisonment of not more than six (6)

years, it is within the exclusive jurisdiction of the Metropolitan Trial Court;
otherwise, it falls within the exclusive jurisdiction of the Regional Trial Court.

If the criminal complaint is one falling within the exclusive jurisdiction of

the Metropolitan Trial Court, NO preliminary investigation is required.

If the criminal complaint is one falling within the exclusive jurisdiction of

the Regional Trial Court, “Preliminary investigation” is MANDATORY before an
information can be filed in court.

EXCEPTION - The inquest public prosecutor is authorized to file an

information in court without conducting a preliminary investigation in cases where
the suspect is under arrest and detention and the latter, upon inquest refused to
execute and sign a waiver of detention (in the presence of his counsel of choice)
for purposes of preliminary investigation. This is the prosecutorial remedy in the
law to avoid violating the provisions of “Arbitrary detention” under the Revised
Penal Code.
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Criminal Investigation is a LEGAL INQUIRY by virtue of a complaint to

follow up, e3xamine, trace, tract and search, step by step by PATIENT and
METICULOUS OBSERVATION, the fact of the commission of a crime, the
identity of the actors, and the circumstances attendant thereto, by CAREFUL
EVALUATION of all available evidences to the end that violators of law be
brought to the bar of justice, and the innocent be relieved there from.

Kinds of Criminal Investigation

Generally speaking, there are only two kinds of criminal investigation:

1. Investigation while the suspect is under arrest and detention

2. Investigation while the suspect is “at large” (MEANING: not under arrest and
detention, as distinguished from: “fugitive from justice”).

Observe further at this point, it is the officer to whom the warrant was
assigned who shall execute the same. Within ten (10) days counted from date of
assignment, the officer shall make a return directly to the court of origin. If he
fails to execute the warrant, meaning to arrest the accused, he shall state the
reason why, in his return or formal report.

The date of his issuance of the warrant by the court of origin as indicated
in the warrant of arrest is of no significance or consequence as far as the head of
the office to whom it was delivered is concerned. The counting of the ten (10)
day period will commence from date of actual receipt.