SPECIALIZED CRIME

INVESTIGATION 2
WITH
INTERROGATION
AND INTERVIEW

Brenyl D. Abilla, Rcrim- Top 1 Dec 2021 CLE

 Chapter 1: Crimes
Against Property
What is Crime Against Property?
Crime Against Property are crimes that are directed to a
person’s belongings, intellectual properties and money. It
includes many common crimes relating to theft or
destruction of someone else’s property.
 Chapter 1: Crimes
Against Property
1. Robbery, 6. Swindling/ Estafa,
2. Brigandage, 7. Chattel Mortgage,
3. Theft, 8. Malicious Mischief,
4. Usurpation, 9. Arson and other
5. Culpable Insolvency Crimes involving
Destruction
Robbery
THEFT AND ROBBERY
INVESTIGATION
 ARTICLE 293 ROBBERY

Who are guilty of Robbery?

Any person who, with intent to gain, shall take any
personal property belonging to another, by means of
violence against, or intimidation of any person, or by
using force upon anything, shall be guilty of robbery.
 TWO TYPES OF ROBBERY

1. Force upon things;

2. Intimidation against or violence upon
persons
 NOTES:

❑ Belonging to another – person from whom property was taken need not be the
owner, legal possession is sufficient.

❑ The property must be personal property and cannot refer to real property.
(Occupation of real property or usurpation of real rights in property.)

❑ Taking of personal property – must be unlawful; if given in trust – estafa

❑ As to robbery with violence or intimidation – from the moment the offender
gains possession of the thing even if offender has had no opportunity to dispose
of the same, the unlawful taking is complete

❑ As to robbery with force upon things – thing must be taken out of the building.
❑ Taking of personal property – must be unlawful;
 Violence or intimidation must be against the person of
the offended party, not upon the thing.
General rule: violence or intimidation must be present before the
“taking” is complete.

Except: when violence results in – homicide, rape, intentional

mutilation or any of the serious physical injuries in par 1 and 2
of art 263, the taking of the property is robbery complexed with
any of these crimes under art 294, even if taking is already
complete when violence was used by the offender.
The other kind of robbery is one that is committed with the use of force
upon anything in order to take with intent to gain, the personal property of
another.

The use of force here must refer to the force employed upon things
in order to gain entrance into a building or a house. (People vs.
Adorno, C. A. 40 O. G. 567).
Use of force upon things – entrance to the building by means
described in arts 299 and 302 (offender must enter).

When both violence or intimidation and force upon things concur – it is

robbery with violence.
 Robbery and Theft, compared.

1. Both robbery and theft involve unlawful taking or asportation as an

element;

2. Both involve personal property belonging to another;

3. In both crimes, the taking is done with intent to gain;

4. In robbery, the taking is done either with the use of violence or

intimidation of person or the employment of force upon things; whereas
in theft, the taking is done simply without the knowledge and consent
of the owner.
 FORCE UPON THINGS
(a) The malefactors shall enter the house or building in which
the robbery was • committed, by any of the following
means:
1. Through an opening not intended for entrance or egress.
2. By breaking any wall, roof, or floor or breaking any door or
window.
3. By using false keys, picklocks or similar tools.
4. By using any fictitious name or pretending the exercise of
public authority.

• Or if -
 NOTES: •
❑ In this kind of Robbery, no violence or intimidation against
persons is ever used*
❑ Important for robbery by use of force upon things, it is
necessary that offender enters the building or where object
may be found.
❑ NO ENTRY, NO ROBBERY
❑ In the absence of evidence to show how bandits effected an
entrance into the convent which they robbed, there can be
no conviction under this article. The act would be treated as
Theft. ( U.S. vs. Callotes, 2 PHIL 16 )
 Place: house or building; not car

• * Entrance is necessary – mere insertion of hand is

not enough (whole body); not to get out but to enter –
therefore, evidence to such effect is necessary
 • Illustration:

If the entering were done through the window, even

if the window was not broken, that would characterize
the taking of personal property inside as robbery
because the window is not an opening intended for
entrance.
 Use of picklocks or false keys refers to the
entering into the premises, not receptacles or
furniture
 VIOLENCE OR INTIMIDATION UPON PERSON

• Hold – ups are included in this category.

• Snatching of handbags or jewelries are considered under

this category. If the victim puts resistance and violence is
applied by the robber.

• Poking a gun or other deadly weapon on the victim

to rob his personal property are some forms of intimidation
 ROBBERY WITH HOMICIDE –
What constitutes the crime as robbery with homicide is the killing of a
person on the occasion or by reason of the taking of personal property belonging
to another with intent to gain.

-if original design is robbery and homicide is committed – robbery with homicide
even though homicide precedes the robbery by an appreciable time.

-If original design is not robbery but robbery was committed after homicide as an
afterthought – 2 separate offenses.

-Still robbery with homicide – if the person killed was an innocent bystander and not
the person robbed and if death supervened by mere accident.
The robbers enter the house. In entering through the window, one of the
robbers stepped on a child less than three days old. The crime is not
robbery with infanticide because there is no such crime.

The word homicide as used in defining robbery with homicide is used in the
generic sense.
It refers to any kind of death.

In short, there is no crime of robbery with parricide, robbery with murder,

robbery with infanticide – any and all forms of killing is referred to as
homicide.
As long as there is only one robbery, regardless
of the persons killed, you only have one crime
of robbery with homicide.
Note, however, that “one robbery” does not
mean there is only one taking.
 •If, on the occasion or by reason of the robbery,
somebody is killed, and there are also physical injuries
inflicted by reason or on the occasion of the robbery,
don’t think that those who sustained physical injuries
may separately prosecute the offender for physical
injuries.
Those physical injuries are only considered aggravating
circumstances in the crime of robbery with homicide
In robbery with homicide as a single indivisible
offense, it is immaterial who gets killed. Even
though the killing may have resulted
from negligence, you will still designate the
crime as robbery with homicide.
 If the motive is to kill and the taking is committed
thereafter, the crimes committed are homicide and
theft. If the primordial intent of the offender is to kill
and not to rob but after the killing of the victims a
robbery was committed, then there are will be two
separate crimes.
 Robbery with Rape

a. Intent to commit robbery must precede rape.

b. Prosecution of the crime need not be by offended

party – fiscal can sign the information.

c. When rape and homicide co-exist, rape should

be considered as aggravating only and the crime is
still robbery with homicide
The same principle has been applied by the Supreme Court
where the crime committed is robbery accompanied by rape. The
criminal liability of the person or persons who took no part in
the commission of the rape which accompanied the robbery is
the same as the robber or robbers who actually committed the
rape unless the robber or robbers claiming innocence of the rape
had endeavored to prevent the commission of the rape
 The intention must be to commit robbery and even if
the rape is committed before the robbery, robbery with
rape is committed.

But if the accused tried to rape the offended party and

because of resistance, he failed to consummate the act,
and then he snatched the vanity case from her hands
when she ran away, two crimes are committed:
attempted rape and theft
If rape was the primary objective of the accused and the
taking of her jewelries was not done with intent to gain but as
a token of her supposed consent to the sexual intercourse, the
accused is guilty of two distinct crimes: rape and unjust
vexation
 ROBBERY WITH PHYSICAL INJURIES

• To be considered as such, the physical injuries must always

be serious.

•But if the less serious physical injuries were committed after

the robbery was already consummated, there would be a
separate charge for the less serious physical injuries. It will
only be absorbed in the robbery if it was inflicted in the course
of the execution of the robbery. The same is true in the case of
slight physical injuries.
 Illustration:

•After the robbery had been committed and the robbers were already fleeing
from the house where the robbery was committed, the owner of the house
chased them and the robbers fought back. If only less serious physical
injuries were inflicted, there will be separate crimes: one for robbery and one
for less serious physical injuries.

•even though the physical injuries were inflicted upon one of the robbers
themselves, and even though it had been inflicted after the robbery was
already consummated, the crime will still be robbery with serious physical
injuries. There will only be one count of accusation.
If, during or on the occasion or by reason of the robbery, a killing, rape or
serious physical injuries took place, there will only be one crime of
robbery with homicide because all of these – killing, rape, serious
physical injuries -- are contemplated by law as the violence or intimidation
which characterizes the taking as on of robbery. You charge the offenders of
robbery with homicide. The rape or physical injuries will only be appreciated
as aggravating circumstance and is not the subject of a separate prosecution.
They will only call for the imposition of the penalty in the maximum period.
 On ROBBERY WITH ARSON

•Another innovation of Republic Act No. 7659 is the composite crime of

robbery with arson if arson is committed by reason of or on occasion of the
robbery.

The composite crime would only be committed if the primordial intent of the
offender is to commit robbery and there is no killing, rape, or intentional
mutilation committed by the offender during the robbery. Otherwise, the
crime would be robbery with homicide, or robbery with rape, or robbery with
intentional mutilation, in that order, and the arson would only be an
aggravating circumstance.

It is essential that robbery precedes the arson.

Special Complex Crimes of Robbery:

1. Robbery with Homicide

2. Robbery with Rape
3. Robbery with Intentional Mutilation
4. Robbery with Arson
5. Robbery with Physical Injury
Cases
 Q1.

A entered the house of B through the window and once inside

took money and jewelry belonging to B after intimidating him
with a pistol. What kind of robbery was committed by A? Why?
 Answer: A committed a complex crime of Robbery with Force
Upon Things with Robbery with Intimidation.
This is in accordance with the ruling laid down by the Supreme
Court in the case of Napoles versus Court of Appeals.
 Q2.

A broke the wooden gate of the stone wall around the

premises of B and once inside took from the yard of B
building materials, which were lying there. What crime
was committed by A? Explain with reasons.
Answer: Theft, because although he broke open the gate,
he did not enter the house with force upon things. He entered
the yard only.
 Q3

A removed the radio of B from the car of the latter and began to
leave the place. On the way, B met A and, having recognized the
radio, B asked A where he had gotten it; but A drew out and
opened his knife and threatened to kill B. What crime or crimes
were committed by A? Explain your answer.
 Answer:

A committed two distinct and separate crimes of Theft and Grave Threats.
To constitute robbery with violence against or intimidation of persons,
the taking of personal property belonging to another with intent to gain
must be accomplished because of violence or intimidation.

In this case, the taking of the radio was complete and, hence, the crime of
theft was already consummated when the offended party was intimidated.
The threat to kill B made by A is not a constitutive element of robbery
because the violence or intimidation must be employed before the taking
of personal property belonging to another is complete.
 Q4.

A pointed his knife at B and demanded for his money, and B

pulled his wallet from his pocket and handed it to A who took
hold of it, but a policemen suddenly appeared, collared A, and
placed him under arrest. What crime did A commit? Explain
your answer.
Answer: The crime committed by A is consummated robbery
with intimidation
 Q5.

While a woman was walking along Session Road, a man following

her suddenly snatched her handbag and ran away with it. What
crime was committed by that man? Explain your answer.
 Answer: The man committed the crime of theft, not robbery with
violence against persons, because mere snatching of personal
property from the hand of the offended party, although violence is
used, it is not used on the person of the offended party, but on the thing
taken. It is a rule that to constitute robbery with violence against persons,
the violence must be on the person of the offended party, not upon the thing
taken.
 Q6.
A help-up B at the point of a revolver and succeeded in taking
the watch from B.

When he reached home, A found that the watch he had taken

from B was his own property which he had lost a week before.
What crime was committed by A?
Answer: A committed grave coercion, because he
compelled B to do something against his will by means of
intimidation. While it is true that A had intent to gain and that
ordinarily in coercion the offender should not act with intent to
gain, the crime committed by A is not robbery with intimidation,
because one of the elements of robbery is that the personal
property must belong to another. Since the property belonged to
him, A cannot be guilty of robbery, as no one can be held
liable for robbery of his own property.
 Q7

Would it be robbery with homicide if a robber killed his

companion, another robber, on the occasion or by reason
of the robbery? Why?
Answer: Yes, because in robbery with homicide, it is
only the result, without reference or distinction as to
the persons intervening in the commission of the crime
that must be taken into consideration.
 Style and Tactics in Robbery Cases

Robbery has been categorized as having three styles:

(1)The ambush – is the least planned of all and is
based on the element of surprise
(2) The selective raid – involves a minimum of
planning but some casing of the robbery scene
(3) The planned operation – is carefully structured and
the robbery group examines all aspects of the situation,
plans for all foreseeable constingencies.
 Technique Commonly Employed by Robbers – Means of Entry

❑ Open door or window entry – the robber/s roams residence areas,

apartments, and hotels looking for open doors or windows.

❑ Jimmy entry – the robber/s forces a door or window with

an iron tool such as a tire iron, screwdriver, or small crowbar or box
opener.

❑ Celluloid entry – the burglar forces open a door spring lock

with a small piece of celluloid.
Stopover or human fly entry – the burglar is an
aerialist, the stopover robber steps from a fire escape,
balcony or other building to a nearby window.

Roof entry – the burglar breaks into a premises through a

skylight or air conditioning duct or the roof or by
cutting a hole in the roof of a building or
residential home.

The hide –in entry – the burglar hides in a

commercial premises until all employees have left and
then breaks out with the stolen property.
The cut-in entry – the robber uses tools of
various kinds to cut through the floor, ceiling, or
wall of a store or office to another store or office.

Hit and run – the robber breaks a window of a ground

floor store and takes property from a window or nearby
portions of the premises, and flees before police can be
alerted to the crime.

Key entry – the robber uses a key – the key may be

given to him by an informant (finger-man) it
may be stolen or the burglar may obtain a
duplicate or master key by various means.\
 Investigation Checklist for
Robbery
Here are some of the things that investigators may have to investigate
in case of robberies particularly when it involves serious injuries or
the loss of lives :
1. Find out as much as possible about the crime before
going to the scene and upon arrival.
2. Overview. Take your bearings at the crime scene so that
you get a rough picture of the area and what has happened.
3. Start keeping an action log.

4. Cordon off the area or extend the existing cordon if

necessary. The perpetrator s route to and from the scene may
need to be cordoned off as well.

5. Make sure that a list is made of the people who enter the
crime scene.
6. Take a general photograph of the crime
scene. Film the scene with a video camera
7. Take photographs continuously.
Photograph all the evidence before it is collected.
If possible, engage a photographer for
specialized trace evidence photograph
8. Check the crime scene before you leave
it. Make sure that you have not forgotten
anything important, such as interrogation
reports, memos, equipment etc
Latent footwear prints Paper on the
floor is always of interest since there may
be latent footwear prints on it. Collect all
paper and then look for footwear prints on
the paper at your unit or send the papers to
the Crime Laboratory for examination. There
may also be latent footwear prints on desk
pads, chair seats, etc
Types of Witness
There are three types of witnesses:

1. A lay witness - this is the most common type. It is a

person who watched certain events and describes
what they saw.
2. An expert witness or a specialist

3. A character witness - It is someone who knows the

victim, the defendant, or other people involved in the
case. Character witnesses usually don’t see the crime take
place but they can be very helpful in a case because they
know the personality of the defendant or victim, or what
type of person the defendant or victim was before the
crime.
 THEFT
• ELEMENTS:

❑ That there be taking of personal property.

❑ That said property belongs to another.
❑ That the taking be done with intent to gain.
❑ That the taking be done without the consent of the owner.
❑ That the taking be accomplished without the use of
violence against or intimidation of persons or force upon
things.
THEFT- Personal properties are taken without the consent of knowledge of the
owner.

A. Pickpockets, simple snatching and other forms are included in this classification.

B. Theft inside a house or a building where entry is thru an open closed door but
unlocked, this is theft;

C. Breaking the glass panes of a show window and extending an arm to get the
valuables inside is theft as the force upon things is not used as means of
entry. If the one who breaks the glass pane bodily entered the show window,
it would be robbery with force upon things.

D. Ordering someone to deposit or withdraw money from the bank by giving the
bank book and signed deposit or withdraw slips and that someone absconded
the money, it is theft.
E. Entrusting a piece of jewelry to be sold on commission basis and
the agent failed to remit the price or return the property unsold,
the case is not Theft but Estafa.

F. In theft, there is only material transfer to the property but in

Estafa, there is a juridical transfer of the property.
Juridical transfer implies that the receiver of the property
has the authority to dispose the same. In Theft there is no
such authority.

G. In the investigation of theft and robbery cases, there is the

importance of the value of the property subject of the offense,
because the imposable penalty is based on the value.
Hence, conversion of personal property in the case of an
employee having mere material possession of the said
property constitutes theft, whereas in the case of an
agent to whom both material and juridical possession
have been transferred, misappropriation of the same
property constitutes Estafa
FOUR MODES OF THEFT

1. Asportation
It is the carrying away of someone else’s property that is an
element of larceny.

The taking away is accomplished without violence of

intimidation against a person or force upon things Larceny –
trespassory taking and carrying away personal goods from the
possession of another with intent to steal
 2. Lost Property
Those who
a) having found lost property
b) fail to deliver the same to local authorities or its owner

❑Retention of money/property found is theft. Retention is failure

to return (intent to gain)

The word “lost” is used in the generic sense. It embraces loss by

stealing or any act of a person other than the owner, as well as the act of
the owner, or through some casual occurrence.

❑Knowledge of owner is not required, knowledge of loss is enough

3. Those who (Damage to Property)

a) after having maliciously damaged the property of

another
b) remove or make use of the fruits or object of the
damage caused by them

Theft of damaged property occurs only after the accused has committed
the crime of malicious mischief. In malicious mischief, the offender destroys
the property of another because of hatred, resentment or other evil motive
against the owner. So, a neighbor who shoots and kills a goat which has
destroyed his flower plants and thereafter slaughters and eats the meat of the
wandering goat is guilty of theft.
4. Those who (Hunting or
Gathering)

a) enter an enclosed estate or a field where

b) trespass is forbidden or which belongs to another and, without the

consent of its owner

c) hunts or fish upon the same or gather fruits, cereals or other forest or
farm products
 ELEMENTS OF HUNTING, FISHING OR GATHERING FRUITS,
ETC. IN ENCLOSED ESTATE

(PAR. NO.3, ART. 308)

1. That there is an enclosed estate or a field where trespass is forbidden

or which belongs to another;
2. That the offender enters the same.
3. That the offender hunts or fishes upon the same or gathers fruits,
cereals or other forest or farm products, and
4. That the hunting or fishing or gathering of products is without the
consent of the owner.
Nota Bene: Fish not in fishpond,
otherwise, qualified
Theft Includes electricity and gas

a. inspector misreads meter to earn

b. one using a jumper
 QUALIFIED THEFT

THEFT IS QUALIFIED WHEN:

1. Committed by domestic servant, or
2. With grave abuse of confidence, or
3. Property stolen is:
a. motor vehicle
b. mail matter
c. large cattle
d. coconut from plantation
e. fish from fishpond or fishery, or
4. On occasion of calamities and civil disturbance.
Nota Bene:

When the theft is committed by a domestic servant,

the offended party may either be the employer where the
offender is working as a household help, or a third person
as a guest in the house. The roomboy is a hotel is
embraced within the term “domestic servant.”
CARNAPPING
On Carnapping and Theft of Motor Vehicle

When the subject is motor vehicle, the Theft becomes qualified

Under REPUBLIC ACT No. 10883 "New Anti-Carnapping
Act of 2016“

Carnapping is the taking, with intent to gain, of a motor

vehicle belonging to another without the latter’s
consent, or by means of violence against or intimidation
of persons, or by using force upon things.
ELEMENTS OF CARNAPPING

• Unlawful taking
• Intent to gain
• Motor vehicle belonging to another
• Lack of owners consent
• By violence or intimidation against persons or
force upon things.
MACRO ETCHING

VS.

MICRO ETCHING
 MACRO ETCHING
It is the chemical process of determining the authenticity of
the engine and chassis numbers of a motor vehicle which is a
requirement before a clearance is used for registration of
newly transferred vehicle from the dealers, owners or
buyers.
Macro-etching has several uses as stated below.
1. It is used to determine whether the serial
numbers of motor vehicles or firearms are
tampered.
2. It is used to restore the original serial
number of an article in question.
3. It could prove that the property found in the
possession of the suspect is actually owned
by the victim;
4. It could establish an investigative lead from
the article/ property that may have been
taken from the scene of the crime
5. It could resolve conflicting claims of
properties recovered by investigators.
HOW TO DETECT STOLEN VEHICLES

A. No license plate number

B. Sporting improvised plates
C. Spotting plates which are for specific vehicles like yellow
plate attached to the private
D. Abandoned vehicles
E. Fake license plates or stickers
F. No sticker for the current year
G. Haphazardly painted
H. Plates do not correspond to the year or model of the vehicle
OCCUPATION OF REAL PROPERTY OR
USURPATION OF REAL RIGHTS IN
PROPERTY

Usurpation is the occupation of

real property or any real rights in
property belonging to another by
means of violence against or
intimidation of persons
 Acts punished:

1. Taking possession of any real

property belonging to another
by means of violence against or
intimidation of persons;
2. Usurping any real rights in
property belonging to another by
means of violence against or
intimidation of persons.
Since this is a crime against
property, there must be intent to
gain.

In the absence of the intent to

gain, the act may constitute
Coercion.
Brigandage Brigands,
also known as Highway Robbers,
are a group of more than three
armed persons forming a band of
robbers for the purpose of
committing robbery in the highway,
or kidnapping persons for the
purpose of extortion or to obtain
ransom or for any other purpose to
be attained by means of force and
violence
WHO ARE BRIGANDS?

Brigands – more than three armed persons

forming a band

Elements of brigandage:
1. There are least four armed persons;
2. They formed a band of robbers;
3. The purpose is any of the following:
a.To commit robbery in the highway;
b.To kidnap persons for the purpose of
extortion or to obtain ransom; or
c. To attain by means of force and
violence any other purpose.
 There is no need for the band
robbers to execute the object of their
association in order to hold them criminally
liable for the crime of brigandage.

The primary object on the law on

brigandage is to prevent the formation
of bands of robbers.
Robbery by a band
Definition of a band

When more than three armed

malefactors take part in the
commission of a robbery, it shall be
deemed to have been committed by a
band.
Brigandage, distinguished from robbery in
band

If the agreement among more than three (3)

armed men was to commit only a particular
robbery, the offense is not brigandage, but
only robbery in band.

In brigandage, the mere formation of a

band is sufficient as it would not be
necessary to show that the band actually
committed robbery in the highway, etc.;
in robbery in band, it is necessary to prove
that the band actually committed robbery,
as a mere conspiracy to commit robbery is not
punishable
 PD 532 – Brigandage

1. Seizure of any person for: (a)

ransom; (b) extortion or other
unlawful purpose; (c) taking away of
property by violence or intimidation or
force upon things or other unlawful
means
2. Committed by any person
3. On any Phil hi-way
Culpable Insolvency

Culpable Insolvency also known as

Fraudulent insolvency. It is
committed by any person who
abscond with his property to the
prejudice of his creditors

- fraudulent disposal or
concealment and or disposal of
properties of a debtor to defraud
his creditors
Swindling also known as Estafa

it is an act of defrauding another person by any of

the following means:

1. Unfaithfulness or abuse of confidence (Altering the

quality, quantity,and substance)
2. Deceit or fraudulent acts (Using a fictitious identity
to deceive another)
3. Fraudulent means (Inducing another, through
deceit, to sign any document)

It is a well-known crime to lawyers and

businessmen. It is a continuing crime unlike
theft. Being a public crime, it can be
prosecuted de officio.
ESTAFA BY POSTDATING A CHECK OR
ISSUING A CHECK IN PAYMENT OF AN
OBLIGATION

1. That the offender postdated a check, or

issued a check in payment of an obligation.
2. That such postdating or issuing a check
was done when the offender had no
funds in the bank or his funds deposited
therein were not sufficient to cover the
amount of the check.

Note that this only applies if:

(1) The obligation is not pre-existing;

(2) The check is drawn to enter into an
obligation
For example,

Rose wants to purchase a bracelet

and draws a check without
insufficient funds. The jeweler sells
her the bracelet solely because
of the consideration in the check
The general rule is that the
accused must be able to
obtain something from the
offended party by means of
the check he issued and
delivered
Syndicated Estafa

Syndicated Estafa is a swindling

(estafa) that is committed by a
syndicate consisting of five or
more persons formed with the
intention of carrying out the
unlawful or illegal act,
transaction, enterprise or scheme,
and the defraudation results
Presidential Decree No.1689. (1980).
Increasing the Penalty for Certain Forms of
Swindling or Estafa

“shall be punished by Life imprisonment

to death if the swindling (estafa) is
syndicated

“Reclusion temporal to reclusion

perpetua if the amount of the fraud
exceeds 100,000 pesos.- if not
syndicated
Preliminary Steps in Handling Estafa
According to the PNP Criminal Investigation Manual (2011),
here is the preliminary steps in handling Estafa:

1.Duly accomplished complaint sheet.

2.Interview the complainant to determine the
extent of fraud and to establish the following:

a. The amount of damage incurred by the suspects

because the amount of the damage of prejudice is the
basis of the penalty.
b. Establish whether it is committed by means of
false pretenses or fraudulent acts or means; or abuse
of confidence which is necessary in filing of cases.
Obtain documentary evidence from the complainant

to prove the offense, as follows:

a.Transaction receipts
b.Acknowledgment receipts
c.Preferably at least three (3) successive

Demand Letters.
Bouncing Checks

Bouncing Checks is an act of making or

drawing and issuance of a check without
sufficient funds or credit.

- any person who, having sufficient funds in or

credit with the drawee bank when he makes or
draws and issues a check, shall fail to keep
sufficient funds or to maintain a credit to
cover the full amount of the check if presented
within a period of ninety (90) days from the
date appearing thereon, for which reason it is
dishonored by the drawee bank

- Nota Bene: Failure to make good within 5

banking days prima facie evididence of
knowledge of lack and insufficiency
Under Batas Pambansa Blg. 22, a
drawer must be given notice of
dishonor and given five(5) banking
days from notice within which to
deposit or pay the amount stated in the
check to negate the presumtion that
drawer knew of the insufficiency.

As a matter of public policy, the

issuance of a worthless check is a
public nuisance and must be
abated.
Procedures in Handling Cases of Bouncing Checks

1. Duly accomplished complaint sheet.

2. Interview the complainant to obtain facts and

circumstances before taking the sworn statements.
Obtain documentary evidence from the complainant
for its probative value;
a. The bounced/dishonored checks issued by
the suspect/s.
b. Determine whether the dishonored checks
are issued checks without sufficient funds or issued
with evidence of knowledge of insufficient funds.
3. Make sure that the bounced checks
was properly marked by the drawee
bank indicating therein whether the
reason thereof, i.e., “Account Closed”
or “Insufficiency of Funds”

4. Make necessary case referral

before the Prosecutor s Office for
Violation of BP 22
Malicious Mischief

Malicious mischief are attempts

against another’s paroperty inspired
sometimes by hatred or a desire
for revenge and sometimes by the
mere pleasure of destroying.
 ELEMENTS

1. That the offender deliberately caused

damage to the property of another.
2. That such act does not constitute
arson or other crimes involving
destruction.
3. That the act damaging another’s
property be committed merely for the
sake of damaging it.
 Nota Bene:
1. Malicious mischief – willful damaging
of another’s property for the sake of
causing damage due to hate, revenge
or other evil motive
2. No negligence
3. Example. Killing the cow as revenge
4. If no malice – only civil liability
5. But after damaging the thing, he
used it = theft
6. Damage is not incident of a crime
(breaking windows in robbery)
 SPECIAL CASES OF MALICIOUS MISCHIEF
Qualified Malicious Mischief

1. Obstruct performance of public functions.

2. Using poisonous or corrosive substances.
3. Spreading infection or contagious among
cattle.
4. Damage to property of national museum
or library, archive, registry, waterworks,
road, promenade, or any other thing used in
common by the public.
 ARSON
INVESTIGATION
ELEMENTS OF ARSON

1. Actual burning took place

2. Done with malicious intent
3. The burning is done by a person who
is criminally and civilly liable.
Arson

is the intentional or malicious destruction of

property by fire.
Why is Arson very hard to investigate?

Arson is one of the most difficult offenses to investigate

because the arsonists were able to set a fire and can
escape undetected.

The fire can consume the scene and destroy much

physical evidence of the offense.
Harder forms of evidence are often buried in debris and
grossly altered in appearance
ARSON
A. The mere discoloration or scorching of a
wooden wall by fire is consummated arson.
B. If the scorching is on the concrete wall
where there is remote possibility of the fire
to spread, it is attempted arson.
C. The act to set fire with the preparation of
inflammable material at the place to be
burned is attempted arson.
PRIMA FACIE EVIDENCE OF ARSON

1. Fire started simultaneously in More than one part of

the building
2. Substantial amounts of flammable substances or materials
are stored within the building not necessary in the business of
the offender or for household use.
3. If after the fire, materials or substances soaked in inflammable
or any mechanical, electrical, chemical or electronic
contrivance designed to start a fire are found.
4. If the building or property is insured substantially more
than its actual value at the time of the fire;
5. If during the lifetime of the corresponding fire insurance
policy, more than two fires had occurred in the same or other
premises owned and under the control of the offender or
insured.
6. If shortly before the fire, a substantial portion of the
stocks insured and stored inside the building were withdrawn
not connected with the ordinary course of business;

7. If a demand for money or other valuable consideration was

made before the fire in exchange for the desistance
of the offender or for the safety of the person or property of
the victim.
SPECIAL AGGRAVATING CIRCUMSTANCE IN ARSON

1. Committed with intent to gain

2. Committed for the benefits of others
3. Offender is motivated by spite, revenge or hatred
towards the owner or occupant of the house;
4. Committed by syndicate
HOW TO LOCATE THE ORIGIN OF FIRE

A. By witnesses – the first who discovered the fire

B. Low Point of Burning- The lowest point of burning
should be given the outmost consideration in locating
the fire origin of the fire.
C. Charring- the char will generally be deepest from
where the fire originated.

Alligatoring – fire burning for a longer period indicated

a char pattern that is deep and pronounce.
Steps on How to Determine the Point of Origin:

1. Examine the entire interior of the building and

determine which room or areas has received the
most severe fire damage

2. Determine the level or origin within the room by examining

and comparing the bottom side of the tables,
shelves, and chairs.

3. Examine the ceiling and look for the following

patterns:
a) fire penetration and b) heaviest fire exposure
 Steps on How to Determine the Point of Origin:

4. Examine the light bulbs within the room

Side of the bulbs which is initially exposed to heat begin
to swell or bulge and lose shape at about 900 degrees F when
exposed to heat for 10 minutes or more actually point to /the area of
fire origin.

5. Examine walls within the room and look for fire

patterns or fire cones. Fires generally burn upward and
outward, leaving corresponding fire patterns on wall as a
result of heat transfer through convection and radiation.
 Burn Indicator

Burn indicators are the effects on materials

of heating or partial burning, which are
used to indicate various aspects of fire
such as flammable liquids, and points
of origin.
1. Alligatoring effect: checking of charred wood, giving it the
appearance of the alligator skin. Large, rolling blisters
indicates rapid, intense heat, while small, flat alligatoring
indicates long, low heat.
 2. Depth of char: depth of burning wood
– used to determine length of burn and
thereby locate the point of origin of the
fire.
 3. Crazing of glass:
- formation of irregular cracks in
glass due to rapid, intense heat, while
small, possible fire accelerant.
4. Sagged furniture springs:
-sagged springs are believed to be possible
only in either afire originating inside
the cushions (as from a cigarette) rolling
between the cushions) or an external fire
intensified by a fire accelerant.
5. Line of demarcation:
boundary between charred and
uncharred material.
 6. Spalling:
-breaking off of
pieces of the surface of
concrete, brick or cement
due to intense heat.
-Brown stains
around the spall indicate the
use of fire accelerant.
Special Penal Code

Presidential Decree no. 1744 It

is a decree amending Article 320 of
the Revised Penal Code Provisions
on Arson.
It states that penalty of
Reclusion Temporal in its
maximum period to Reclusion
Perpetua shall be imposed for
persons who committed Destructive
Arson and other forms of Arson.
Presidential Decree No. 1613

It is also a decree amending

the Law on Arson, It was enacted
last March 7, 1979 and signed by
then President Ferdinand E. Marcos.
It also imposes capital
punishment for Arsonist, while
stressing the involvement of
criminal syndicates as
perpetrators of Arson in the
county
Checklist for Investigations of Fire Causes

• Find out as much as possible about the fire

before going to the scene and upon arrival

• Make notes of any observations on the way to

the scene of the fire

• Cordon off the area or extend the existing cordon

if necessary

• Preliminary orientation. Start immediately after

the extinction of the fire. Study fire damage
and fire behavior.
• Preliminary determination of the origin of the
fire. Get help from the incident commander and the
firemen who arrived on the scene first

• Initial debris removal. Before debris is removed,

the whole building must be photographed and
video filmed both inside and outside

• Final debris removal and cleanup. Start from

the outside and work towards the point(s) of origin

• Carry out a reconstruction. Put all objects back

in their original places. Photograph and video film
the uncovered area both with and without the
objects

• Establish the origin of the fire

• Establish the possible cause of the fire.

Basic Methods of Fire Investigation

A. Preservation of the Fire Scene

B. Examination of the Fire Scene

• Examination should be thorough.
• Analyze fire patterns.
• Trace fire spread.
• Identify areas and points of origin.
• Identify the fuel involved.
• Establish the corpus delicti by
eliminating all natural or accidental
causes.
C. Recording the Fire Scene

D. Fire Scene Sketch

E. Physical Evidence Examination and

Testing

A letter of instruction should be sent to

the laboratory with the evidence,
describing the same and what the
investigator expects the laboratory
technician to recover via the various
laboratory processes.
F. Sources of Information
• Preliminary interview with the
owners / occupants
• Insurance Firm
• Neighborhood Inquiry
• Public Records
Exceptions from Criminal Liability in Crimes
against Property
According to the Revised Penal code of the
Philippines (1930), No criminal, but only
civil liability, shall result from the
commission of the crime of theft,
swindling or malicious mischief
committed or caused mutually by the
following persons:
Exceptions from Criminal Liability

1. Spouses, ascendants and descendants,

or relatives by affinity in the same line.

2. The widowed spouse with respect to the

property which belonged to the deceased
spouse before the same shall have
passed into the possession of another;

3. Brothers and sisters and brothers-in-law

and sisters-in-law, if living together.

4. common-law spouse.
An adopted or natural child should also
be considered as included in the term
“descendants” and a concubine or
paramour within the term “spouses”.

Art. 332 applies to common-law spouses.

Third parties who participate are not

exempt
Cyber Crime
Cybercrime, also known as
computer crime, is the use of a
computer as an instrument to
further illegal ends.

They are criminal offenses

committed via the Internet or
otherwise aided by various
forms of computer technology
 Typologies of Cyber Crimes

1. Cyber Dependent Crimes - are crimes that can only be

committed through computer, Examples of these are
hacking malware, and Dos Attacks.

2. Cyber Enabled Crimes- are traditional crimes that are

increased in their scale or reach by the use of
computers, computer networks or other ICT. Examples
are: Child pornography, cyber stalking, criminal
copyright infringement and fraud

3. Cyber Assisted Crimes- are crimes in which the use of

computer in an incidental aspect of the commission of
the crime but may afford evidence of the crime
Example, addresses found in the computer of the murder
suspect, or records of messages sent between the victim
and the suspect before the homicide
Cyber Crimes can also be grouped into four, based on the
criminal activity made through the use of computers, they
are as follows:

1. Cyber-Trespass - crimes that involve crossing or

violating boundaries of other people digitally. For
example, hacking, accessing data without consent.

2. Cyber-Deception and Theft - this involves offenses such

as online fraud and IP theft.

3. Cyber-Porn and Obscenity - this involves the

exploitation of children and distribution of porn
materials through the internet.

4. Cyber-Violence - this refers to the kind of emotional

violence that can be enacted online such as bullying or
harassment.
RA 10175 “Cybercrime Prevention Act of 2012”
Section 4. Cybercrime Offenses

● (a) offenses against the confidentiality, integrity, and

availability of computer data and system;

● (b) computer-related offenses and

138
● (c) content-related offenses.
 Anti Cybercrime Agencies in the Philippines
In response to the challenges of cybercrime, the
Philippines enacted its first law regulating the internet
on June 14, 2000, Republic Act No. 8792 also known
as the Philippine Electronic Commerce Act of 2000, and
on September 12, 2012, Republic Act No. 10175 also
known as The Cybercrime Prevention Act of 2012 was
signed.

These two laws are essential in conducting investigation

against cyber crime, and in the prevention of computer
crime in general
Cybercrime Investigation
and Coordinating Center
Cybercrime Investigation and
Coordinating Center (CICC), was
created upon the approval of Republic
Act 10175 or the Cybercrime
Prevention Act of 2012, is an attached
agency of the Department of
Information and Communications
Technology (DICT)

-Formulation of policy, plan, assistance,

coordinating body related to
cybercrime.
National Computer Emergency Response Team
(CERT)

a division under the Cybersecurity Bureau of the

Department of Information and
Communications Technology

NCERT is responsible for receiving, reviewing, and

responding to computer security incident
reports and activities
Department of Justice - Office of Cybercrime
(DOJ-OCC)

was created under Republic Act No. 10175 or the

Cybercrime Prevention Act of 2012 as the Central
Authority in all matters relating to international
mutual assistance and extradition for
cybercrime and cyber-related matters

-also acts as the focal agency in formulating and

implementing law enforcement investigation
and prosecution strategies in curbing cybercrime
and cyber-related offenses nationwide
National Bureau of Investigation
Cybercrime Division (NBI-CCD)

is tasked to investigate all cyber

related crimes punishable under
Cybercrime Prevention Act and
related laws, and to establish and
maintain an Incident Response Team
and Digital Forensic Section that will
be responsible for responding to the
current and emerging cyber threats,
and conducting digital forensic
examination and analysis
PNP Anti - Cybercrime
Group PNP Anti -
Cybercrime Group (PNP-
ACG), is a National
Operational Support Unit
primarily responsible for
the implementation of
pertinent Philippine laws
on cybercrimes and
advocating the anti-
cybercrime campaign of
the PNP
Onel de Guzman release the “I love you virus”
during the time when there was no law
punishing cybercrimes in the Philippines.
Even though Onel de Guzman was identified
as the creator of the virus by the US
government, he cannot be held accountable
due to the absence of the any law in the
Philippines
SEC. 10. Law Enforcement Authorities. - The
National Bureau of Investigation (NBI) and the
Philippine National Police (PNP) shall be
responsible for the efficient and effective law
enforcement of the provisions of this Act. The
NBI and the PNP shall organize a cybercrime
unit or center manned by special investigators
to exclusively handle cases involving
violations of this Act
 Interrogation and
Investigative Interview
Chapter 2
What is Interrogation?

Interrogation is a process of questioning by which police

obtain evidence.
The purpose of an interrogation is to elicit from the suspect
or from his or her relatives or associates information that
they may be suppressing in order to protect the suspect
from being subjected to criminal prosecution
Three Objectives of
Interrogation

1. Establish the innocence of a suspect by

clearing up facts that seem to point to guilt
2. Obtain from the suspect or relatives and friends
of the suspect:
a. The names of accomplices;
b. The facts and circumstances surrounding the
crime;
c. Follow-up leads provided unwittingly, or with
ulterior motive, such as faking an alibi;
d. The location of stolen goods;
e. The location of physical evidence, such as
documents, a weapon, or a burglar’s tool.
3. Obtain from the suspect alone:

a. Admission - it refers to the express or implied

statement tending to support the suspect’s
involvement in the crime, but insufficient by itself
to prove guilt;
b. Confession- it pertains to an oral or written
statement acknowledging guilt.
Interrogation/ Interview Techniques

Reid Method

also known as The Reid Technique of

Interviewing and Interrogation, is the
interrogation technique widely used by
police departments
. The Reid Technique involves three components
namely:

A. Factual Analysis- an inductive approach where

each individual suspect is evaluated with respect to
specific observations relating to the crime.
Its goal is establishing an estimate of a particular
suspect’s probable guilt or innocence collected before
and after the crime, their motivations and propensity
to commit the crime, and evaluation of physical and
circumstantial evidence
. B. Behavior Analysis Interview

non-accusatory question and answer session, involving

both standard investigative questions and structured
‘behavior provoking’ questions to elicit behavior
symptoms of truth or deception from the person being
interviewed

Truthful people answer the behavior provoking

questions one way, while a deceptive person usually
offers a different verbal response
The investigator then asks “behavior-provoking”
questions intended “to elicit different verbal and
nonverbal responses from truthful and deceptive
suspects.”
. C. Interrogation (NINE Steps)
An interrogation only occurs when the
investigator is reasonably certain of the
suspect’s involvement in the issue under
investigation:
 NINE Steps
1. Direct, Positive Confrontation. This is where the investigator
tells the suspect that the evidence demonstrates the person’s
guilt.

2. Theme Development. This is where the investigator presents

a moral justification (theme) for the offense, such as placing
the moral blame on someone else or outside circumstances.
The theme is developed as to why the suspect
committed the act, not if he committed the act.

3. Handling Denials. When the suspect asks for permission to

speak at this stage, likely to deny the accusations, the
investigator should discourage allowing the suspect to do so.
Many deceptive suspects introduce their denials with
permission phrases: "Can I say one thing?" "Just let me
explain..." "But sir...".
4. Overcoming Objections. When attempts at denial do not
succeed, a guilty suspect often makes objections to support a
claim of innocence, phrases such as I would never do that
because I love my job are commonly used.
Introductory phrases are used to indicate an objection:
"That's impossible"; "That's ridiculous"; "I couldn't have
done that“

5. Procurement and Retention of Suspect’s Attention. The

investigator must procure the suspect’s attention so that the
suspect focuses on the investigator’s theme rather than on
punishment
Interrogator attempts to regain the suspect's
attention by intensifying the theme and by establishing physical
closeness. “Channel the theme down to the probable
alternative components.”
6. Handling the Suspect’s Passive Mood. The investigator needs
to intensify the theme presentation and concentrate on the
central reasons he or she is offering as psychological justification
and continue to display an understanding and sympathetic
demeanor in urging the suspect to tell the truth
The suspect is becoming less tense, appears defeated,
is listening to your theme and may begin to cry.

7. Presenting an Alternative Question. The investigator should

present two choices, assuming the suspect’s guilt and
develop as a logical extension from the theme, with one
alternative offering a better justification for the crime e.g.,
“Did you plan this thing out or did it just happen on the spur
of the moment?
The alternative should contrast an desirable action (good
reason) with an undesirable action (bad reason)
8. Having the Suspect Relate Details of the Offense-
After the suspect accepts one side of the alternative
thus admitting guilt. Lead the suspect to repeat the
admission of guilt in front of witnesses and develop
corroborating information to establish the validity of
the confession.

9. Converting an Oral Confession to a Written

Confession. The investigator must convert the oral
confession into a written or recorded confession.
Forms of written confession: written by suspect, written
by interrogator, recorded, taken down by
stenographer.
 Types of Questioning

1. Open-ended Questions- questions that allow the suspect to reply with

longer, more detailed responses and lack direction from the interviewer.
such as; “What happened?” or questions that begin by asking the
suspect to“tell”, “explain”or“describe” some event or situation

2. Closed Questions- question that require more definite and distinct answers.
Examples include,“What time was that?”,“Who else was
present?”,“What is his address?

3. Forced-choice Questions- questions that greatly restrict the possible

answers to those that you have determined. The question may be “Was
it a rifle or a handgun?”

4. Multiple Questions- questioning where the interviewer asks more than

one question at the same time. “When did he say that and what did
he do and who else was present?”

5. Leading questions- questions that induce a particular reply and may be

judged to have manipulated the interviewee. “You wanted to injure
him, didn’t you?”
 Mendez Method
The Mendez Principles, also known as the new Principles on
Effective Interviewing for Investigations and Information
Gathering. It was named after Juan Mendez, the Argentine
lawyer, torture survivor and former UN Special Rapporteur

a concrete alternative to interrogation methods that rely on

coercion to extract confessions.

They provide guidance on obtaining accurate and

reliable information in full respect of the human rights
and dignity of all
The Mendez Method has three parts; Before, During,
and After the interview
1. Before the Interview – Ensuring a Non-Coercive
Environment: Creating a non-coercive environment
involves the respect and fulfillment of human rights from the
first moment of contact between the interviewee and
authorities.

❑ Keeping the Interviewee Informed

❑ Notification of Family or Third Party
❑ Access to a Lawyer
❑ Access to Medical Examination and Health Care
❑ Preparations for the Interviewer - Before commencing an
interview it is crucial to maximize the investigative and
evidentiary value of the information already gathered.
2. During the Interview – Establishing and Maintaining
Rapport :
Effective interviewers are adaptable, listen carefully,
communicate empathy, and adopt the ethos that non-coercive,
humane, ethical, lawful and appropriate questioning serves the
interest of all involved: the interviewer, the interviewee and the
information-gathering authorities.

❑ Information-Gathering Techniques- active

listening
❑ Encountering Reluctance- Interviewers should
not draw negative inferences from the interviewee’s
failure or refusal to answer questions
❑ Suspending the Interview
Reasons to suspend an interview are:

1. If the interviewee requires medical attention,

2. If a person originally interviewed as a witness becomes a

suspect in the course of an interview

3. If the lawyer or the interviewee may request a break, for

instance in order to rest or to consult in private.
3. After the Interview – Assessment and Analysis

An effective interviewer should always end the interview

respectfully and on a professional note.

The interviewer should assess and analyze the :

1. The value and reliability of the information obtained
and how it fits with known evidence, information gaps
and other intelligence gathered.
2. What further enquiries are necessary in order to
advance the investigation or operation;
3. Whether all relevant safeguards were applied
effectively.
 Kinesic Interview Method
-involves analyzing a person’s behavior to assess deception,
responsiveness and receptiveness

-kinesics focused on the observable outward physical behavior

of the body in order to ascertain the person’s current emotional
state and the role the body plays in communicating the information.

-understanding the vocabulary of the body language, along

with the diagnosis of a person’s verbal output, an interviewer
could more easily assess a person’s truthfulness or deception
regarding current issues under discussion
It has two phases:

1. the Practical Kinesic Analysis

Phase;
2. Practical Kinesic Interrogation
Phase
1. Practical Kinesic Analysis Phase
assists the interviewer in recognizing the cues of truthful and
deceptive behavior generated by the subject.
- in order to determine the subject’s truthful and deceptive
behaviors or at least to determine those areas most
sensitive to the subject and, therefore, in need of further
attention through verbal inquiry.

- to gather information about the subject’s emotional and

mental state in response to the interrogation and at the same
time, the interviewer develops a profile of the subject that
allows him to use a tailored interrogation approach for that
subject.
.
 2. Practical Kinesic Interrogation Phase
involves the interviewer determining the subject’s frame of
mind in response to the interview stress. determining if the subject
is suffering from personality disorder or psychosis.

determines the subject’s specific personality type, thereby

permitting him to understand how the subject thinks, his
strengths to be avoided and weaknesses that must be exploited
interviewer must determine the ego defense mechanisms of
the subject.
and by identifying and disarming these mechanisms, the
interrogator can obtain admission or confession
INTERVIEW AND INTERROGATION

In processing persons as sources of information, the

investigator generally conducts an INTERVIEW – a
friendly and cooperative conversation for the
purpose of obtaining as much relevant information
as the source can possibly give under the
circumstances. However, when the subject is the
suspect himself or a hostile/uncooperative witness
– the conversation is rather confrontational and is
called INTERROGATION. With respect to the
suspect, interrogation is valid only if made in
compliance with MIRANDA RIGHTS

Pitch Deck 183

Interview Defined. - An interview is the
questioning of a person believed to
possess knowledge that is in official
interest to the investigator.
-simple questioning of a person
who cooperates with the investigator.

Basic Assumptions:
“Nobody has to talk to law
enforcers. No law compels a person to
talk to the police if he does not want to.
Therefore, people will have to be
persuaded, always within legal and
ethical limits, to talk to law enforcers.
This makes interviewing an art”

Pitch Deck 184

GOLDEN RULE IN INTERVIEW

“Never allow the interviewer to conduct nor

let anyone to conduct an interview without
prior visit to the crime scene”

Pitch Deck 185

 I.R.O.N.I.C Format
The interview of a witness can be described by its acronym “IRONIC” which stands
for:

Identity – prior to the commencement of an interview, the investigator

should identify himself to the subject by name, rank and agency. Except when there
is no need to know the officer’s identity.
Rapport – it is good to get the positive feeling of the subject towards the
investigators, such friendly atmosphere is vital for both the subject and the
investigator to have a better interaction.
Opening Statement – the investigator must have to indicate why the
subject is being contracted
Narration - the witness should be allowed to tell all he knows with little
interruptions from the investigator.
Inquiry – after all information have been given by the subject, that is the
time for the investigator to ask question to clarify him about the case under
investigation.
Conclusions – After the interview, it is but proper to close the interview
with utmost courtesy and thanking the subject for his cooperation.
Pitch Deck 186
Pitch Deck 187
Pitch Deck 188
 Rule in Interview

Some of these important things that investigators must be remember are

as follows :
a. Case review investigators must review relevant facts about the case.
b. Build Rapport this means that investigator needs to communicate properly
and bring the interviewee to attention in establishing good communication.
c. Simple question investigator should not allow the interviewee to be
confuse.
d. Avoid Implied answer this means that investigators must not allow a
question answerable by “yes or no”.
e. Avoid leading questions avoid leading questions as this will allow the
interviewee to focus only to matters.
f. Don't ramble this simply that investigators should not ask question at a
time.
g. Good closure this means that investigators must be courteous and kind to
the interviewee.
h. Saving Faces- for embarrassing questions, investigator should not fault or
ridicule the subject on these matters.Pitch Deck 189
A Philosophy of Interview and Interrogation:

The RIGHT officer, Asking the RIGHT questions, In the

RIGHT manner, At the RIGHT time and in the RIGHT place,
Will get the RIGHT answers.

Pitch Deck 190

 INTERROGATION

Interrogation is a questioning of a person

suspected of having committed an offense or a
person who is reluctant to make full disclosure
of information in his possession which is
pertinent to the investigation.

Preliminary Conduct. – The interrogator should

identify himself at the outset and state in
general the purpose of the interrogation.

The term subject refers to the person who is

placed for interrogation

Pitch Deck 191

Pitch Deck 192
Interrogation Techniques – The
following are some of the techniques
practiced by experienced investigators:

a) Emotional Appeals
b) Sympathetic Approach
c) Kindness
d) Extenuation
e) Shifting the Blame
f) Mutt & Jeff

Pitch Deck 193

Extenuation – The investigator indicates he does
not consider his subject’s indiscretion a grave
offense.

Pitch Deck 195

Shifting the Blame – The interrogator makes
clear his belief that the subject is obviously
not the sort of person who usually gets mixed
up in a crime like this. The interrogator could
tell from the start that he was not dealing
with a fellow who is a criminal by nature and
choice. The trouble with the suspect lies in
his little weakness – he like liquor, perhaps, or
he is excessively fond or girls or he has had a
bad run of luck in gambling.

Mutt & Jeff/ Sweet and Sour – Two (2)

agents are employed. Mutt, the relentless
investigator, who is not going to waste any
time because he knows the subject, is guilty.
Jeff, of the other hand, is obviously a king-
hearted man.

Pitch Deck 196

Trick and bluff techniques

1. Pretense of solid evidence - the investigator

bluffs the suspect that even if he will not
confess, there is enough evidence to send him
to jail. If he will confess, the investigator will
see to it that his prison term will be within the
range of probation.

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. By tricks and bluffs this weakest link will
be told that his companions had already
confessed.

Pitch Deck 197

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 the commotion is going on.
The other suspects in separate rooms must
hear the drama before telling them that their
partner had confessed.

4. Feigning contact with the family- the suspect

could be tricked the investigator had gone to
the residence and the family members had
supplied facts against the suspect. The
suspects' family will be dragged into the
investigation if the suspect will not confess.

Pitch Deck 198

5. The line-up- the complainant, witness or
victim is required to point positive lead a
suspect who is among persons in the
police lineup. The witnesses, victims or
complainants are previously coached
about the identity of the suspect.

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. This will cause
the suspect to become desperate and
confess only to the case under
investigation to avoid from being charge
of false accusations.
Pitch Deck 199
7. Bluff on a Split pair- this is
applicable when there are more
than one suspect. The suspect are
separated and one is informed
that other has talked

Pitch Deck 200

STERN APPROACH- the investigator displays a stern
(demands immediate/ strict response) personality
towards the suspect.
1. JOLTING – maybe applied to calm and nervous
subjects. By constantly observing the suspects,
the investigator chooses a propitious moment to
shout a pertinent question and appear as though
he is beside himself with rage. The subject maybe
unnerved to the extent of confessing.
2. OPPORTUNITY TO LIE. Suspect is given
opportunity to lie. Suspect will be questioned
about his activity prior, during and after the
commission of crime, this will be repeated many
times, to include the investigator focusing his
questions about the knowledge suspect of the
crime. The suspect will be entangled in
contradiction about his statement, which is now
capitalized by the investigator to get truth from
the subject.

Pitch Deck 201

3. REMOVING THE ETHNIC OR
CULTURAL BARRIER- If the suspect is
an Ilocano, he should be interrogated
by an Ilocano investigator and the
same with other ethnic or cultural
groups.

4. SEARCHING FOR THE SOFT SPOT- In

every man`s heart, there is always that
softest spot. There must be a face to
face meeting with that special person.
It may be the youngest child, mother,
the wife, the father etc.
Pitch Deck 202
5. “Question Barrage” Technique (Rapid
Fire Questioning)
– intended to confuse the interrogee and
put him into a defensive position. The
interrogee become frustrated and confused,
he will likely reveal more than he intended,
thus creating opening for further
questioning.

Pitch Deck 203

 ADDITIONAL MODERN TECHNIQUES OF
INTERROGATION
RATIONALIZATION
- IT is the use of reasons, which is acceptable to
the subject that led to the commission of the
crime. Example is robbery is maybe necessity to
feed a starving family.

PROJECTION
- It is the process of putting the blame of other
persons, not alone to the suspect.

MINIMIZATION
It is the act of minimizing the culpability of the
suspect.
the investigator convinces the suspect to a
confession by way of downgrading or mitigating
the penalty.
Pitch Deck 204
Interrogation of Suspect Whose Guilt is Definite or
Reasonably Certain
Interrogation of Suspect Whose Guilt is Definite
or Reasonably Certain
a) Let the subject know that he is showing signs
of deception, some of which are:
(i) Pulsation of the carotid (neck) artery
(ii) Excessive activity of the Adam’s apple
(iii) Avoiding the eyes of the interrogator, swinging
one leg over the other foot wiggling, wringing of
the hands, tapping of fingers, picking fingernails,
etc.
(iv) Dryness of the mouth

206
v. Swearing to the truthfulness of assertions. Guilty
subjects to strengthen their assertions of innocence
frequently use this.
vi. “Spotless Past Record” – “Religious Man.” These are
asserted to support statements, which the subject
knows, and realizes the interrogator knows, to be
false.
vii. A “Not That I Remember” or “As Far As I Know”
expression should be treated as a veiled admission
or half-truth.

207
Interrogation of Suspect Whose Guilt is Uncertain

a) Ask the subject if he knows why he is being questioned.

b) Ask the subject to relate all he knows about the crime, the victim, and
possible suspects.
c) Obtain from the subject detailed information about his activities
before, during and after the occurrence under investigation. This is a
good method of testing the validity of the subject’s alibi.
d) Where certain facts suggestive of the subject’s guilt are known, ask him
about them rather casually and as though the real facts were not
already known, to give the subject an opportunity to lie. His answer
will furnish a very good indication of his possible guilt or innocence, and
if he is guilty, his position becomes very vulnerable when confronted with
the facts possessed by the interrogator.

208
e) At various intervals, ask the subject certain pertinent
questions in a manner, which implies that the correct
answers, are already known.

f) Refer to some non-existing incriminating evidence to

determine whether the subject will attempt to explain it; if
he does, that is an indication of guilt.

g) Ask the subject whether he ever thought about committing the

offense or one similar to it. If the subject admits he had
thought about committing it, this fact is suggestive of his
guilt.

209
a) In theft cases, if the suspect offers to make restitution, that
fact is indicative of guilt.

b) Ask the subject whether he is willing to take a lie-detector

test. the innocent person will almost always immediately
agree to take practically any test to prove his innocence,
whereas the guilty person is more prone to refuse to take the
test or to find excuses for not taking it, or for backing out of
his commitment to take it.

c) A subject who tells the interrogator, “All right, I’ll tell you what
you want, but I didn’t do it,” is, in all probability, guilty.

210
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 Table of contents

01 Certificate programs 02 Associate degrees

You can describe the topic of You can describe the topic of
the section here the section here

03 Master’s degree 04 PhD

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the section here the section here
 What can you do with a criminal
justice degree?
Mercury is the closest planet to the Sun
and the smallest one in the entire Solar
System. This planet's name has nothing
to do with the liquid metal, since
Mercury was named after the Roman
messenger god. Mercury is hot but not
as hot as Venus
Mercury takes a little more than 58
days to complete its rotation, so try to
imagine how long days must be there!
Since the temperatures are so extreme,
albeit not as extreme as in Venus,
Mercury has been deemed to be non-
habitable for humans
Factors students should consider

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miss the point of your presentation
 Type of courses
Mercury
Mercury is the closest planet to
the Sun and the smallest one in
the Solar System—it’s only a bit
larger than the Moon
Venus
Venus has a beautiful name
and is the second planet from
the Sun. It’s hot and has a
poisonous atmosphere
 Advance degree options?

Mercury Venus Mars

Mercury is the closest Venus has a beautiful Despite being red, Mars
planet to the Sun and the name and is the second is actually a cold place.
smallest of them all planet from the Sun It’s full of iron oxide dust
Skills students can learn

Mars Venus
Mars is actually a very Venus has extremely
very cold place high temperatures

Jupiter Saturn
Jupiter is the biggest Saturn is a gas giant
planet of them all and has several rings
 Jobs related to this degree

Mars Venus Neptune

Mars is actually a very Venus has extremely Neptune is the
cold place high temperatures farthest planet from
the Sun

Mercury Saturn Jupiter

Mercury is the closest Saturn is a gas giant Jupiter is the biggest
planet to the Sun with several rings planet of them all
Awesome
words
A picture is worth a thousand words
600,000
People declared missing every year
 87,217
Active missing person records

32,225
Young people under age of 18

12,984
Young people between ages 18 and
20
 Persons in the criminal system

25% 50% 75%

Mercury Venus Mars

Mercury is the closest Venus has a beautiful Despite being red, Mars
planet to the Sun and the name and is the second is actually a cold place.
smallest of them all planet from the Sun It’s full of iron oxide dust
 Suspects and offenders by age

25% 50% 75%

Female Male Unknown

Mercury is the closest Venus has a beautiful Despite being red, Mars
planet to the Sun and the name and is the second is actually a cold place.
smallest of them all planet from the Sun It’s full of iron oxide dust
Computer
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Countries with the highest crime rate

Venus
Venus is the second
planet from the Sun

Mercury
Mercury is the closest
planet to the Sun

Mars
Despite being red, it’s
a very cold place
 163,982
Female declared missing every year

123,529
Male declared missing every year
 Steps of a crime scene investigation

Venus Mercury Mars Jupiter

Venus is the second It’s the closest planet Despite being red, Jupiter is the biggest
planet from the Sun to the Sun it’s a very cold place planet of them all
 Crime scene management

01 Venus Mars 02
Venus is the second Despite being red,
planet from the Sun it’s a very cold place

03 Mercury Jupiter 04
It’s the closest planet Jupiter is the biggest
to the Sun planet of them all
 Police and detectives

Mars Venus
Mars is a red planet Venus is a hot planet

Mercury Jupiter
Mercury is very small Jupiter is a gas giant
 Police department ranks
Earth
Where human lives

Mars Venus Mercury Jupiter

Mars is a red planet Venus is a hot It’s very small Jupiter is a gas giant
planet

Neptune Pluto Saturn

It’s an ice giant It’s very small Saturn has rings
 Crime scene investigation

Mars Venus Mercury Jupiter

Mars is a red planet Venus is a hot It’s very small Jupiter is a gas giant
planet
Ratio of arrested persons per year

Homicide Battery Burglary Theft

Mercury 0.06 0.53 0.38 0.38

Mars 0.11 9.4 0.53 0.78

Saturn 95.2 1.16 9.4 1.16

 Job growth by position

46% Lawyers 9% Police

Mercury is the smallest Venus is the second
planet of them all planet from the Sun

30% Judges 14% Paralegals

Jupiter is the biggest Saturn is a gas giant
planet of them all with several rings

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