PhilCST

PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice

OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

INTRODUCTION TO CRIMINAL INVESTIGATION

Lesson 1.3: Laws and Principles Related to Criminal Investigation

Learning Objectives:
At the end of the lesson, you should be able to:
1. Discuss the different laws and principles related to criminal investigation.

Concept/Discussion:

Legal provisions significant to the development of criminal investigation

 1961, USA = Mapp Vs. Ohio (376 Vs. 584)
The Supreme Court ruled that illegally obtained evidence is inadmissible in state criminal
prosecutions. This case established the “Doctrine of Poisonous Tree.”

 Miranda Decision
A kidnapping and rape investigation in Phoenix, Arizona, resulted in the arrest of Ernesto
Miranda as the suspect. Following a line-up identification by the victim, the suspect was
interviewed for two hours-a relatively short period of time for a major case of this nature.
During this time period, Miranda confessed orally, then gave investigators a written
confession regarding the offense. The suspect was subsequently convicted, with the
Arizona Supreme Court upholding the lower court decision. The United States Supreme
Court reversed this decision, stating that the suspect’s rights to counsel and his protection
against self-incrimination had been violated. As a result of this landmark decision, the so-
called MIRANDA WARNING has become mandatory. Suspects taken into custody or
deprived of their freedom of action, who are to be questioned by law enforcement
officers, must be warned in substantially the following terms:
 You have the right to remain silent. Anything you say can and will be used
against you in a court of law
 You have the right to talk with a lawyer and have the attorney present during
questioning. If you cannot afford an attorney, one will be appointed to you.
 You have the right to know such rights.

Philippine Setting
 1973 Philippine Constitution, Art. 111. Section 20.
“No person shall be compelled to be a witness against himself. Any person under
investigation for the commission of an offense shall have the right to remain silent and to
counsel, and to be informed of such right. No force, violence, threat and intimidation, nor
any means which vitiates the free will shall be used against him. Any confession obtained
in violation of this section shall be INADMISSIBLE as evidence.”
The warning of the right to remain silent must be accompanied with an explanation that
anything said can and will be used against the individual in court. This warning is needed
in order to make him aware not only the privilege but also of the consequences of
forgetting it. (People vs. Duero, 104 SCRA 379, 1981)
 PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

 1987 Philippine Constitution, Art.111 Section 12 (1)

“Any person under investigation for the commission of an offense shall have the right to
be informed of his right to remain silent and to have a competent and independent
counsel preferably of his choice. If the person cannot afford the services of a counsel, he
must be provided with one. These rights cannot be waived except in writing and in the
presence of a counsel.”

Rights of a Person under Custodial Investigation

 Refer to Article 111, Bill of rights under the Phil. Constitution
 Refer to Republic Act No. 7438 (An Act Defining Certain Rights of Persons
Arrested, Detained, or Under Custodial Investigation as Well as the Duties of the
Arresting, Detaining and Investigating Officers, and Providing Penalties for
Violations Thereof)

Investigative Theories and Methods

Experienced investigators have proved that no two investigations are of the same type
of crimes are exactly alike. Each crime involves different sets of facts based from different sets of
information, necessitating individualized approaches and application.
A crime can be viewed as a happening which generates information signal about an act.
In a criminal act, the doer emits the signal while the police receive it.

Learning Sources:

Books:

1. Salamanca, Bayani H. et.al. (2017). Police Intelligence and Secret Service. Wiseman’s Book
Trading, Inc.
2. Fetalvo-Balares, Marilyn et.al. (2016). Police Report Writing. Wiseman’s Book Trading, Inc.
3. Sta. Ana, Hernandez A. et.al. (2016). Special Crime Investigation. Wiseman’s Book Trading, Inc.
4. Vicente, Jezreel B. et al. (2016). Fundamentals of Criminal Investigation Second Edition.
Wiseman’s Book Trading, Inc.
5. Garcia, Mario B. (2016). Effective Techniques in Criminal Investigation. Wiseman’s Book
Trading, Inc. 6. Delizo, Darlito Bernard G. (2015). Review Materials on Law Enforcement
Administration Second Edition. Prudence Research & Review Center
7. Guevara, Ricardo M. et.al. (2015). Crime Detection and Investigation. Wiseman’s Book Trading,
Inc.
8. Guevara, Ricardo M. et.al. (2014). Special Crime Investigation Second Edition. Wiseman’s Book
Trading, Inc.
9. Nano-Bajado, Maria Cristina et.al. (2014). Technical Report Writing 1. Wiseman’s Book Trading,
Inc. 10. Nano-Bajado, Maria Cristina et.al. (2014). Technical Report Writing 2. Wiseman’s Book
Trading, Inc. 11. Villaluz, Joner C. et.al. (2014). Instructional Module on Special Crime
Investigation. Wiseman’s Book Trading, Inc.
12. Guevara, Ricardo M. et.al. (2010). Police Intelligence and Secret Service. Wiseman’s Book
Trading, Inc.