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NEGROS ORIENTAL STATE called as witnesses, but who can provide

UNIVERSITY useful data nonetheless, such as personal


records and other information. (Soriano,
COLLEGE OF CRIMINAL JUSTICE 2008)
EDUCATION
If a crime has been committed, then
Main Campus II, Bajumpandan, the true facts of its commission should be
Dumaguete City established. There is a complainant or a
victim; some physical evidence of the crime;
MODULE 3
and perhaps a suspect. Often, the gap
OF THE SUBJECT: between these simple facts and the case that
can be successfully presented in court can be
CDI 200- FUNDAMENTALS OF bridged only by patient and intelligent
CRIMINAL INVESTIGATION AND questioning through interview or
INTELLIGENCE interrogation. (Soriano, 2008)

Admission and confession has been


called the “prime source of other evidence”.
Prepared by:
Often, it provides the investigator with
ALPECHE, BLAS V., PCPT PNP (RET) information that would be otherwise
unavailable. For example, the scope of
Part-Time Instructor conspiracy, the existence and identity of
accomplices, additional past offenses
attributable to the same person or group, and
MODULE 3 so forth. Physical evidence that will be later
analyzed through admission or confession;
CHAPTER III-GENERAL the existence and location of a firearm used
INVESTIGATIVE PROCEDURES OF in the commission of a crime; the location of
OBTAINING INFORMATION a motor vehicle used in an assault; and
(INTERVIEW, INTERROGATION, location of stolen property- all these are
ADMISSION AND CONFESSION) examples of what can be attained through
admission and confession. (Soriano,2008)

This module covers the topics about


A. INTRODUCTION:
interview,interrogation, admission and
One of the three (3) tools or the three (3) I’s confession and the legal requisites of these
in Criminal Investigation is Interview or methods of obtaining information.
Interrogation in order to obtain information
B. COURSE LEARNING
from complainants, witnesses, informants
OUTCOMES:
and suspects of a crime incident.
At the end of the module, the student should
The effectiveness of the interview or
be able to:
interrogation is largely dependent on the
ability of the investigator to obtain
information from complainant, witnesses,
informants and suspects. Included in this are
interviews from persons who may not be
1. Know the definition of interview, of obtaining information (interview,
interrogation, admission and confession as interrogation, admission and
methods of obtaining information during the confession) about the crime incident
conduct of criminal investigation of a had been applied by the police
particular crime; and investigator?

2. Know the proper techniques, procedures C. Discussion:


and legal requisites in these methods of
obtaining information. INTERVIEW AND
INTERROGATION TECHNIQUES,
C. CONTENTS OF THE MODULE: PROCEDURES AND LEGAL
REQUISITES
This module contains the following
lessons: Definition of an interview:

Lesson 1. Interview and An interview is asking questions to


Interrogation techniques, procedures and a person who is believed to possess
its legal requisites; and knowledge that is of official interest to the
investigator, and who is cooperative in the
Lesson 2.Admission and conduct of investigation. In an interview,
confession and its legal requisites. the person questioned usually gives his
account of an incident under investigation or
LESSON I-INTERVIEW AND
offers information concerning a person
INTERROGATION TECHNIQUES,
being investigated. (Soriano, 2008).
PROCEDURES AND LEGAL
REQUISITES Importance of Interview
A. Specific Learning The greater part of investigation is
Outcomes: usually devoted to interviews. In most cases,
interviews constitute the major source of
1. Know the definitions of
information. Because of the apparent
interview, interrogation, admission
simplicity of the typical interview, the
and confession; and
novice investigator is inclined to neglect the
2. Know the effective development of a technique. On the
techniques, procedures and legal contrary, the investigator should devote his
requisites of these aforementioned greatest efforts to developing effective
methods of obtaining information methods of interviewing. He should
about a crime incident during the constantly remind himself that the next
conduct of criminal investigation. interview on his schedule may be the only
way of acquiring information on certain
B. Motivation/Prompting aspects of the case under investigation. After
Questions: each interview, he should subject his
performance to a critical review by checking
1. Do you know the methods
the quantity and quality of the information
of obtaining information in a
obtained and the extent to which he has
particular crime incident?
established rapport with the subject.
2. Have you known of a crime (Soriano,2008)
in your place where these methods
The Art of Interviewing investigator assigned to the case. There are
three types of formal interview, namely:
There are few people who have
neither been interviewed nor conducted an 1) Normal interview-for
interview themselves. Whether formal or cooperative witness or those
informal, the interview’s purpose is the who may be persuaded to
exchange of information. Investigators cooperate;
engaged in this exchange of information
generally take in far more information than 2) Group and pretext
they give out. The investigator needs to be interviews-for witnesses known
intuitive, alert and skillful, much more than to be reluctant or hostile, and
a passive information-recorder. If for those who are believed to
interviewing at the crime scene is refuse or cooperate in the
unavoidable, and there is a chance that the investigation; and
suspect or accomplice is within “hot- 3) Follow-up interview-which
pursuit” distance, absolute discretion is a is frequently necessary in many
must. The following questions, “five (5) Ws cases because additional
and one (1) H,” i.e. Who?,What?, When?, information on vital points is
Where?. Why?. and How? should be necessary.
regarded at the minimum to be covered in an
interview. (Soriano, 2008) Qualifications of Interviewer
(Soriano,2008)
Types of Interview (Soriano, 2008)
The investigator as an interviewer
Various types of interviews can be should have the qualities of a: salesman, an
made on different occasions involving a actor and a psychologist. He is called upon
particular crime. For discussion, here are to subject strangers to extensive questioning
two (2) major types of interviews and their on topics of varying sensitivity. He must be
purpose: measured by the discretion which he
1. On-the-Scene Interview: employs, and at the same time he may be
criticized for want of perseverance. He must
The “on-the-scene interview” is an possess insight, intelligence and
informal one. It maybe conducted by any persuasiveness. His speech should be suited
law enforcement officer who first appears on to the situation, compelling for the educated
the scene. While the purpose of all subject and calculated to strike a responsive
interviews is to seek information, the “on- note in the subject of little letters. The
the-scene interview” is conducted demands made of the ideal interview are
specifically to obtain a description of the great to be fully met by individual
criminal. The aim of the questioner is to investigator; nevertheless , the challenge is
secure sufficient information to arrest the one that will add interests to the years in
criminal as rapidly as possible. which the investigator endeavors to increase
his proficiency and ward-off the stalemate of
2. Formal Interview routine which often hinders his
development.
The “formal interview” differs
from the interview at on-the-scene of the Requisites of Interview
crime in that it should be conducted by the (Soriano,2008)
The following are the requisites of 3. Breadth of Interests- To
an interview. These must be observed after establish rapport with a witness or a
the qualifications of the interviewers had complainant, it may be necessary to create a
already been met by the investigator: meeting ground of interests. A person tends
to regard a fellowman who shares common
1. Establish Rapport- The interests as a sympathetic personality. This
relationship between the interviewer and the is the first step toward placing trust in the
subject usually determines the success of the interviewer. Obviously, the range of the
investigation. By establishing rapport with investigator’s interest must necessarily be
the subject, the investigator may be able to broad if it is to cover those of the witness
let loose a flood of useful information. If the and subjects with whom he will come in
relationship is strained or marked by contact.
mistrust or a feeling of strangeness, the
subject may be reluctant to give any of the It is well-known that a good
desired information. interviewer possesses a breadth of practical
knowledge. He is acquainted with the habits
The interviewer must endeavour to of the working man, the behavior and social
win the confidence of the subject whenever life of gamblers, the temperament of
this is possible, since a complete voluntary storekeepers and the simple business
offer of information is the ideal result of an principles by which they operate. On other
interview. Where this is not possible, the levels, he knows the habits, prejudices and
investigator may have to rely on the force of modes of thinking of the more prosperous
his personality, persistence or other qualities members of the community.
or resources he may possess. Obviously, the
interviewer cannot be a one-sided Interview format (Bermas, 2004)
personality. He must possess a variety of
character traits. The interview of a witness can be
described by its acronym “IRONIC” which
2. Forcefulness of stands for Identity, Rapport, Opening
Personality- The primary trait which the Statement, Narration, Inquiry and
interviewer should possess is that of Conclusion.
forcefulness of personality. He should
instinctively induce confidence by the 1. Identity-prior to the
strength of his character so that the subject commencement of an interview, the
trusts him on the first meeting and tends to investigator should identify himself to the
seek his assistance by confiding in him. subject by name, rank and agency. Except
There should be no air of superiority in his when there is no need to know the officer’s
manner. identity.

His demeanor should be 2. Rapport-It is good to get


sympathetic and understanding. Absence of the positive feeling of the subject towards
exaggerated regional traits is desirable to the investigator, such friendly atmosphere is
avoid any clash with the subject’s vital for both the subject and the investigator
prejudices. Tolerance should mark his to have a better interaction.
temperament. He is a person who is aware 3. Opening Statement- The
that prejudice frequently is the name we give investigator must have to indicate why the
to the other fellow’s set of convictions. subject is being contacted
4. Narration- The witness 4. Appropriate Time- As a
should be allowed to tell all he knows with general rule, an interview should take place
little interruption by the investigator. as soon as possible after the event or
incident. The information is then fresh in the
5. Inquiry-After all the mind of the witness.
information have been given by the subject,
that is the time for the investigator to ask Approach in Interview (Soriano,
questions to clarify him about the case under 2008)
investigation.
On the first meeting, the investigator
6. Conclusion- After the should show his credentials and inform the
interview, it is but proper to close the subject of his identity. The point of identity
interview with utmost courtesy and thanking must be stressed, since often the subject
the subject for his cooperation. misunderstands the investigator, resulting in
a vague but unpleasant charge of
Setting the Interview (Soriano, misrepresentation.
2008)
In interviewing women in their
In planning an interview, the homes, the investigator should remain a few
investigator should, as a general rule, select paces from the door until the subject is
a place which will provide him with a convinced of his identification and invites
psychological advantage, and conduct the him in. If possible, the investigator should
questioning as soon as possible after the avoid interviewing at the threshold. When
occurrence. Naturally, this rule must be necessary, he should return at a later time
modified to suit the exigencies and the when the woman is reassured by the
nature of the case. presence of a friend.
1. Background Interview-If INTERROGATION
the interview is concerned with the TECHNIQUES, PROCEDURES AND
background of a person being considered for LEGAL REQUISITES
a position of trust, no great difficulty arises
in selecting the time and place. Interrogation is an intellectual
game that is often won by the player who
2. Routine Criminal Cases-In is mentally faster afoot and can rapidly
criminal cases, the interview should be take advantage of an opening or an
more carefully arranged. indicated weakness. As in any other game
or skill, the art of interrogation must be
3. Important Criminal
practiced constantly in order to develop
Cases- The investigator should arrange to
and maintain expertness. It is a common
interview witnesses in important cases in
observation of experienced investigators
places other than their homes or office.
that a period of inactivity, even a few
Unfamiliar surroundings will prevent the
months . will result in marked falling off
witness from feeling confident and from
in their effectiveness as interrogators.
controlling, through his composure, the
(Soriano,2008)
amount and kind of information which he
gives. Obviously, the investigator’s own Definition of Interrogation
office is the ideal place. (Soriano,2008)
Interrogation is skillful questioning 3. To induce the subject to
of persons who are uncooperative in the make admissions.
conduct of investigation or are reluctant to
divulge information pertinent to the conduct 4. To learn the facts and
of investigation. circumstances surrounding a crime.

Purposes of Interrogation 5. To learn of the existence


(Soriano, 2008) and locations of physical evidence such as
documents or weapons.
The primary purpose of
interrogation is to obtain information which 6. To learn the identity of the
will further the investigation. Interrogation accomplices,
is not simply a means of inducing an 7. To develop information that
admission of guilt. It is an investigative tool will lead to the fruits of the crime.
of far wider application in the effective day-
to-day administration of justice. It is a major 8. To develop additional lead
means of discovering other evidence. It to information.
permits the person who appears to be
implicated in a crime to present information 9. To discover the details of
which can establish his innocence. any other crimes in which the suspect had
participated.
One of the most important functions
of police questioning is that of screening Fundamental Rules of
cases where a decision cannot or should not Interrogation (Soriano,2008)
be made without some further investigation
The provision of Section 12, Article
by the police and some evaluation by the
III of theNew Philippine Constitution of
prosecutor of the circumstances of the arrest,
1987 and the provision of Republic Act No.
including the availability of admissible
7438 entitled “An Act Defining Certain
evidence.
Rights of a Person Arrested, Detained or
In a highly urbanized community, a Under Custodial Investigation, as well as
great number of people are likely to be the Duties of Arresting, Detaining and
lawfully arrested for a wide variety of Investigating Officers, and Providing
reasons. Routine preliminary questioning Penalties for Violations Thereof” have
may result in their release prior to the filing radically changed the procedural
of any charge, or it may result in the filing of requirements for a lawful interrogation of a
charges. suspect or a person under custodial
investigation.
Other functions of interrogation
include the following: These specify certain minimal
requisites to ensure the voluntariness of the
1. To obtain information suspect’s response. Before interrogating a
concerning the innocence or guilt of a suspect or a person under custodial
suspect. investigation, the investigator should
observe the following:
2. To obtain a confession to
the crime from a guilty subject. 1. Identify himself to the
suspect as a law enforcement officer. This is
done orally, together with a show of The Miranda Doctrine or
credentials. Miranda Warning:(Google Wikipedia)

2. Explain to the suspect in In the United States, the Miranda


general terms the nature of offense under Warning is a type of notification
investigation. customarily given by police to criminal
suspects in police custody advising them of
3. Inform the suspect of his their right to silence; that is, their right to
wish to question him on matters relating the refuse to answer questions or provide
offense. information to law enforcement or other
officials.
4. Advise the suspect of his
rights, substantially in the following terms: The Miranda Doctrine is named
after the landmark U.S Supreme Court case
1.You have the right to remain silent; you
Miranda vs Arizona (384 U.S.436.16L.Ed.
do not have to answer any questions.
2nd 694), the justices ruled that the
2.You have the right to be assisted by an statements Miranda made to the police
independent and competent counsel could not be used as evidence against him
preferably of your own choice; because he had not been advised of his
Constitutional rights.
3.If you cannot afford the services of a
counsel, and you want to be assisted by a In interrogation, it is quite difficult
lawyer, this office shall provide you with a when you are interrogating a subject because
lawyer free of charge. of constitutional safeguard and limitation.
These legal requirement area as follows:
4.That anything you say can be used as (Bermas, 2004)
evidence against you in any court of law.
1.Voluntariness- a person interrogated must
5.Do you understand your rights as I have have given his statement voluntarily. That
explained to you, as follows: the right to no fear, coercion, intimidation or other
remain silent and the right to be assisted by means which can vitiate his mind and
a counsel? feeling to answer the questions put by the
interrogator. Voluntariness means free will
6.After explaining your Constitutional
on the part of the subject.
rights, are you still willing to give a free
and voluntary statement of the facts of the 2.Consitutional safeguards-that before a
case being investigated? subject can be interrogated, he must be first
informed in proper and exhaustive manner
The above-mentioned rights cannot
his rights embedded in the Constitution,
be waived except in writing, and must be
such as:
signed in the presence of a legal counsel.
These rights are popularly known as the 1) The right to remain silent;
“Miranda Doctrine”. This doctrine has
broad ramifications to all law enforcement 2) The right to counsel of his own choice,
officers, requiring them to issue the and if he cannot afford the services of a
“Miranda Warning” to all suspects once counsel, he will be provided for a counsel
arrested and taken into custody. of his own choice to be paid by the city or
province, as the case may be: and
3) The right to be informed of the above shall be in writing and signed by the person
rights in a dialect best known to him. concerned in the presence of his counsel,
or if upon valid waiver, in the presence of
Occurrence of Custodial his parents, elder brothers and sisters,
Interrogation (Bermas, 2004) spouse, municipal mayor, municipal judge,
district school supervisor or priest or
Custodial interrogation occurs
minister of the gospel where he belongs.
when a suspect is placed on police custody
either by warrantless arrest or invitation to 4. Any waiver by a person
the police headquarters. arrested or detained or under custodial
investigation shall be in writing and signed
Note that at the very time you are
by the said person in the presence of his
making an arrest or inviting a suspect to
counsel.
your headquarters, that is the time to inform
him of his Constitutional rights in a dialect 5. Any person arrested,
known to him. Failure to do so will put the detained or under custodial investigation
policeman in hot water as he would be shall be allowed visit by or conference with
charged criminally, civilly and any member of his immediate family, or
administratively pursuant to Republic Act any medical doctor or priest or minister, or
7438(An Act Defining Certain Rights of a by counsel or any governmental
Person Arrested, Detained or Under organization duly accredited by the Human
Custodial Investigation, as well as the Rights Commission.
Duties of Arresting, Detaining and
Investigating Officers, and Providing Immediate Members of Family (
Penalties for Violations Thereof” Allowed to Visit a Person Arrested,
Detained or under Custodial
Rights of Persons Arrested, Investigation) (Bermas, 2004)
Detained or Under Custodial
Interrogation (RA No. 7438) (Bermas, 1.Spouse
2004)
2. Parents
1. Any public officer or
employee who arrests, detains or 3.Brother/Sister
investigates for the commission of a crime 4.Uncle/Auntie
shall inform the former in a dialect known
to him about his rights to remain silent and 5. Fiance’/fiancee
to have a competent and independent
counsel of his own choice; 6. Children

2. The custodial investigation 7. Grandparents/grandchildren


shall be reduced to writing by the
8. Nephew/niece
investigating officer, and if the suspect does
not know how to read and write, it shall be 9,Guardian/ward
adequately explained to him.
NOTE: That when we say assisting
3. Any extrajudicial counsel, he is one whom the suspect has
confession made by the person arrested, trust and confidence. If supposing there is
detained or under custodial investigation no available counsel in the place, then do
not interrogate. Anyway, the case can be 3. The suspect may waive his
filed with sufficient evidence on hand. rights. To forego this, an affirmative
statement of rejection is evidently required.
The things Prohibited in The burden of proof of waiver is on the
Custodial Investigation (Bermas,2004) prosecution. Withdrawal of a waiver is
always permitted. If the interrogation
1. No torture, force,
continues without the presence of an
violence, threat, intimidation or any
attorney and a statement is taken, a heavy
other means which can vitiate the
burden rests on the prosecution to
free will of the subject; and
demonstrate that the defendant knowingly
2. Secret places, and intelligently waived his right against
solitary, incommunicado or other self-incrimination and his right to retain or
similar forms of detention is appoint a counsel. The following points
prohibited. should be noted.

Options and Procedures in 1;Proof of waiver of Constitutional rights


Interrogation (Soriano,2008) may take the form of an expressed
statement that the individual is willing to
The four-fold warning as stated make a statement and does not want an
above, or its equivalent, must be given by attorney; followed closely by a statement.
the investigator as a necessary preliminary
to the interrogation of a suspect or of a 2;A valid waiver will not be presumed
person under custodial investigation. The simply from the silence of the suspect after
responses of the suspect will determine the warnings are given or simply from the fact
investigator’s subsequent action, based on that a confession was in fact eventually
the following grounds: obtained.

1. The suspect may choose to 3;Presuming waiver from a silent record is


remain silent. If before or during not permissible. The record must show, or
questioning, the suspect invokes his right to there must be an allegation and evidence
remain silent, interrogation must be which shows, that the suspect was offered a
foregone or stopped. The investigator must counsel but he intelligently and
respect the suspect’s right to remain silent. understandingly rejected the offer. Anything
Threats, tricks, or cajoling designed to less is not a waiver.
persuade the suspect to waive his rights are
4;The right to remain silent is not considered
forbidden.
a waiver if the individual answers some
2. The suspect may request a questions or gives some information of his
legal counsel. No interrogation must then be own prior to invoking the right.
attempted until the lawyer of his own choice
5;Whatever the testimony of the authorities
or a state-appointed lawyer is present. If
as to waiver of rights of the suspect, the fact
before and during questioning, the suspect
of a lengthy interrogation or incommunicado
invokes his right to request and have a
incarceration before a statement is made is
counsel, the interrogation must cease until a
strong evidence that the suspect did not
lawyer is procured.
validly waived his rights. Any evidence that
the suspect was threatened, tricked or
cajoled into a waiver will show the suspect against him. Such investigation may
did not voluntarily waived his rights. include:

1) Inquiry of persons
not under restraint.
Matters Unaffected by the Rules
During Interrogation (Soriano,2008) 2) General on-the-
scene questioning as to the facts
The warning must be given when surrounding a crime.
the individual is first subjected to police
interrogation while in the custody at the 3) Other general
police station or while otherwise deprived of questioning of other persons in the
his freedom in any way. fact-finding process.

However, the court does not purport to find Questioning of this nature is
all confessions obtained without warning not affected by the Constitution and
and counsel inadmissible. Hereunder are the statutes, since in this situation, the
instances: compelling atmosphere thought to
be inherent in the process of in-
1. Confession without custody interrogation is not
a Warning: ordinarily present.
1) Any statement Three Main Questioning
given freely and voluntarily is, of Techniques (Bermas, 2004)
course admissible as evidence.
1. Chronological
2) There is no Questioning- This technique is
requirement that the police should considered the easiest and the
stop a person who enters a police investigator is always almost sure of
station and states that he wishes to getting all the information.
confess a crime.
2. Going Backward-
3) Similarly, there is This technique is the exact opposite
no requirement to stop a person who of the chronological technique. The
calls the police to offer a confession. interrogator starts with the last
known act and goes backward to the
4) Volunteered
very idea of committing the crime.
statements of any kind are not
barred by the Constitution and other 3. General to
statutes, and their admissibility is Specific- This technique is often
not affected by the statutes. used mostly within one of the to
above techniques. Hence, if the
2. Field investigation:
suspect admits to the embezzlement
When an individual is in in estafa case of the total amount
custody of the law on probable (general), questions can be asked
cause, the police may of course seek about the details of component sums
out evidence in the field to be used (specific).
Qualifications and Traits practically impossible for the latter
of the Interrogator (Soriano,2008) to inspire confidence or trust. The
interrogator must never make a
The interrogator must be promise that he cannot keep.
able to impress his subject, not
through the use of formal authority 5. Logical Mind
but because his personality
commands respect. He must be The interrogator must
professional in attitude and develop the questioning along a
performance. logical line. The objectives of the
questioning should be clearly
The following defined in his own mind.
qualifications and traits are
desirable of an interrogator: 6. Ability in
Observation and Interpretation
1. General
Knowledge and Interest The interrogator must not
only develop the ability to “size-up”
To some degree, the an individual, but must also learn to
efficiency of an investigator is observe and interpret his reaction in
commensurate with his general a question.
knowledge. To acquire this breadth
of knowledge, the investigator must 7. Power of Self-
develop intellectual curiosity and a Control
keen sense of observation. The interrogator must
2. Alertness maintain his control at all times.
Loss of temper results in neglect of
The variety or problems important details.
confronting him requires the
interrogator to be constantly alert so 8. Playing the Part
he can analyze his subject If it will accomplish the
accurately, adapts his techniques to desired results, the interrogator may
the requirements of the case, act as circumstances suggest. Anger,
uncover and explore leads, and alter however, should never be simulated
his tactics when necessary. to the degree where it might become
3. Perseverance a coercive factor.

Every interrogation Attitude and Demeanor of


requires a great deal of patience if Interrogator (Soriano,2008)
complete and accurate information The behavior of interrogator at the
is to be obtained. outset of the questioning usually creates the
4. Integrity atmosphere and sets the tone of the
subsequent interrogation. It is of great
If the person being importance for the investigator to develop an
questioned has a reason to doubt the effective personality that will induce in the
integrity of the interrogator, it is subject a desire to respond. Personal
mannerisms must be controlled whenever police officers. Moreover, some courts
they distract or antagonize. require the prosecution to produce all the
witnesses of a confession. Ordinarily, the
The following are some of the more interrogator should be alone with the
useful reminders concerning attitude and subject. Other parties may be brought in for
demeanor of the interrogator: specific purpose, such as witnessing the
signing of a confession.
1. Control the Interview- The
interrogator must always be in command of Techniques of Interrogation
the situation. The strength of his personality (Soriano,2006)
must constantly be felt by the subject.
There are many techniques of
2. Distracting Mannerism- interrogation which the interrogator can
The subject must be impressed with the employ.His choice should depend on the
seriousness of the interrogator’s purpose. nature of the crime under investigation, the
Pacing the room, smoking, doodling and character of the subject, and his personality
similar forms of behavior should be avoided and limitations.
since they tend to convey a sense of
inattentiveness or a lack of concentration. The following are some of the
techniques practiced by experienced
3. Language- The language of investigators:
the interrogator should adapt to the subject’s
cultural level. 1. EMOTIONAL APPEALS-
The investigator must create a mood that is
4. Dress- Civilian dress is conducive to a confession.
more likely to inspire confidence and
friendship in a criminal than in uniform. The a.Sympathetic Approach-
accoutrement of police profession should be The suspect may feel the need of friendship.
removed from view. He is apparently in trouble. An offer of
friendship accompanied by small acts of
5. Attitude- The interrogator kindness may win his cooperation.
is not seeking to convict or punish. He is
endeavoring to establish the facts of the b.Kindness- The
case, to discover the truth, etc. investigator has appraised the personality of
the subject and finds him a normal person in
6. Preliminary Conduct- As his desire for consideration.
stated, the interrogator should identify
himself at the outset and show his 2. FRIENDLINESS - The
credentials to the subject. He then state, in simplest technique is to assume that the
general terms, the purpose of the suspect is willing to confess if he is treated
interrogation. in a friendly manner.

7. Presence of Other a.Helpful Adviser-The


Persons- it is desirable, for several reasons, investigator is the subject’s friend. Between
to restrict the number of persons present at the two of them, they are going to straighten
an interrogation. If a confession is obtained, things out.
the defense may claim the existence of
duress because of the presence of five or ten b.Sympathetic Brother- The
subject needs to square things out with his
own conscience. For the sake of his family interrogator obviously has sources of
and himself, he should get the load off his knowledge. The investigator should prepare
chest. himself for this approach by learning a great
number of facts about the crime in question
c.Extenuation- The and about the subject’s background.
investigator does not take too serious a view
of the subject’s indiscretion. d. Line-up- Certain crimes
such as crimes against persons and
d.Shifting the Blame- properties involve identification. The
Obviously, the suspect is not the sort of witness,complainant or victim is required to
person that is usually mixed-up in a crime recognize the subject.
like this.
e. Reverse Line-Up- This
e.Mutt and Jeff- In this technique is applicable in crimes which
technique, two agents are employed. Mutt, ordinarily run in a series , such as forgery or
the relentless investigator who knows the robbery. The accused is placed in a line-up,
subject is guilty and is not giving a waste of but this time, he is identified by several
time. He has sent a dozen men away for this fictitious witnesses or victims who
crime and he’s going to send the subject associates him with different offenses.
away for the full term. Jeff, on the other
hand is obviously a kindhearted man. f. Bluff on a Split Pair- This
is applicable where there are accomplices.
3. ANXIETY- The suspect is The two suspects are separated and one is
in state of emotional confusion, He is unable informed that the other has talked.
to think logically and clearly, since his sense
of values has been disturbed and his 4. STERN APPROACH- A cold
imagination is distorted. aloof attitude may sometimes produce the
desired results. Techniques classified under
a.Exaggerating Fears- The this heading are often designed to induce the
investigator persistently points out that the effect of anxiety. Many types of suspects
subject “cannot win”. There has never been fear the police and the police station. Their
a perfect crime. The longer he gets by with confidence is shaken if they are faced by a
petty offenses, the more likely it is that he stern investigator:
commits a serious crime and suffers severe
punishment. a. Pretense of Physical
Evidence- The interrogator states that he
b.Greater and Lesser Guilt- does not need any confession and is not
In most crimes, there are several offenses particularly interested in the suspect’s
involved, Although the investigator is only reasons.
concerned with the major offense, he can
represent himself as being interested mainly b. Jolting- The device is
in a minor case. especially useful when dealing with a person
usually calm or nervous. The questioning is
c.Knowledge Bluff- The conducted at some length in a quiet, almost
interrogator reveals a number of pertinent soothing manner.
items of evidence which are definitely
known. He is thus able to convince the c. Indifference- The
subject that it is futile to resist since the investigator is not particularly interested in
the subject. The subject’s conviction is evidence without first showing that it was
treated as a fait accompli (a thing that has made freely and voluntarily. The “Miranda
already happened). There are witnesses and Warning.” however, suggests that
physical evidence. There is an absence of admissions and exculpatory statements are
alibi. The subject’s behaviour during the to be treated just like confessions. (Soriano,
period in question is an open book to the 2008)
police.
CONFESSION-is a direct
d. Questioning as a acknowledgment of guilt as charged or of
Formality- In this technique, the some essential part in the commission of
interrogator asks a series of questions as the criminal act. To be admissible, a
though it were necessary formality in his confession must be voluntary and
routine duty. He gives the impression that he trustworthy. In addition, if the confession is
knows the answer, but that he is required to to be used in prosecution, it must be
ask the question in consideration of the obtained by civilized police practice. The
rights of the suspect. giving of the four-fold warning of rights is
necessary, but not a sufficient condition for
e. Afforded an the voluntariness and trustworthiness of a
Opportunity to Lie- This technique is subsequent confession.
useful when the interrogator has used direct
questioning about the crime without success. The use of coercion, unlawful
It is lengthy, time-consuming and involved, influence, or unlawful inducement is
but it serves the purpose of wearing down obviously outside the limits of civilized
the subject. police practice. Some examples of
circumstances which would render a
D. Learning confession inadmissible are threats of
Activities/Exercises bodily harm, confinement, illegal detention,
deprivation of necessities or necessary
LESSON II- ADMISSION AND
privileges,physical oppression,promises of
CONFESSION
immunity, clemency or of substantial
Definitions: reward or benefits. (Soriano,2008)

ADMISSION- is a self- Admission and Confession


incriminatory statement by the subject (Soriano,2008):
falling short of acknowledgment of guilt. It
There is a tendency on the part even
is an acknowledgment of a fact or
of professional investigators to exaggerate
circumstance from which guilt may be
the values of admission and confession, and
inferred. It implicates but does not directly
to misinterpret its significance. The written
incriminate. A simple statement to the effect
admission and confession does not for
that the subject was present at the crime
example, prove the matters to which it
scene may be an admission.
pertains. Often, the written statement is
Coupled with such circumstances as considered admissible, and it does not
the existence of a motive, the admission become part of the evidence in the case.
may provide an inference of guilt.
If the written admission and
Traditionally, in all courts, the prosecution is
confession is admitted as evidence, it will be
permitted to introduce admission as
subjected to the closest scrutiny by the
defense counsel. Above all, the question of 2. Employment by the
voluntariness is commonly raised by the prosecution at the trial to refresh
defense counsel, and the accusation of recollection, impeach witnesses, and in
duress and coercion may be brought against general, monitor to some extent of the
the prosecution witnesses. testimony.

Proof of the elements of the offense 3. Assist the prosecution in


should be developed by the investigator planning its presentation by reducing the
independently of the written admission and element of surprise that unforeseen
confession for presentation to the court. He testimony would produce.
should continue with his investigation and
bring it to its completion as though the 4. Discourage a witness from
written admission and confession existed wrongfully changing its testimony at the
mainly for the purpose of providing trial.
guidelines and additional leads for the LEGAL REQUISITES OF ADMISSION
inquiry, as well as the number of details AND CONFESSION:(Soriano, 2008)
which must be separately proved to supply
additional evidence or to serve as check on
● Rights of Persons Arrested or
the information already acquired.
Investigated:
Admission and confession had been
called “ the prime source of other Inform the subject that under the
evidence” . Often, it provides the provisions of Section 12, Article III, New
investigator with information that would be Philippine Constitution of 1987, and as
otherwise unavailable. For example, the required by RA No. 7438, he or she has the
scope of conspiracy, the existence and following rights:
identity of accomplices, additional past
1. The right to remain silent;
offenses attributable to the same person or
group, and so forth. Physical evidence that 2. The right to be assisted by a
will be later analyzed through admission or competent and independent lawyer
confession, the existence and location of a of his or her own choice: and
firearm used in the commission of a crime,
the location of a motor vehicle used in an 3. If he or she cannot afford
assault, and location of stolen property-all the services of a lawyer and he or
these are examples of what can be attained she wants to be assisted by a
through admission and confession. lawyer, he or she will be provided
with a lawyer free of charge.
Specific purposes of Written
Admission and Confession After explaining to the subject of his or
her rights, explain also to him or her that
In addition to providing some of the any statement that he or she will give can
general investigative advantages described be used against him or her in any court of
above, the obtaining of a written admission law in the Philippines, and ask the subject
and confession can serve the following if these rights are clearly understood by
specific purposes: him or her. These rights cannot be waived
except in writing, and it must be signed in
1. Provide a written record for
the presence of a legal counsel.
the case filed.
Demonstrating 4. The suspect
Voluntariness of the Admission and knowingly waived his right to
Confession (Soriano,2008) remain silent, and his right to have
an independent and competent
The prosecution may not use the counsel before making the
statement, whether exculpatory (means statement.
evidence favorable to the defendant) or
inculpatory (meansevidence that can
establish guilt), stemming from
MODULE 4
interrogation or custodial investigation of
CHAPTER IV-
the suspect, unless it demonstrates the use
INTELLIGENCE
of procedural safeguards to secure the
privilege against self-incrimination. The
A. INTRODUCTION:
investigator then, must be able to prove,
through his own testimony and that of The art of intelligence or
witnesses, for example, that he informed the acquiring knowledge of one’s opponent
suspect of his constitutional rights to remain
is firmly entrenched in historic
silent and of his right to independent and
precedent, The ability or capacity of la
competent counsel, either of his own choice
or provided to him, if he is indigent. Further,
enforcement agencies to effectively
the investigator should be able to make and gauge and react to criminal issues is
affirmative showing to the effect that the dependent upon their capability of
admission and confession was voluntarily gathering and evaluating data.
given in evidence of one of the following: Knowledge is power and with power of
knowledge, police managers and
1. The statement was
administrators are better equipped to
not obtained by urging or by
deal with the vast array of today’s
request, but as a spontaneous or
self-induced utterance of the problematic law enforcement issues.
suspect. (Guevara and Tatoy,2010)

2. The statement was It has been noted that in the survival of


obtained without coercion and not any civilized society, the desire for
during an official investigation, nor acquiring advance information is
while the accused was in custody. inherent. Leaders and rulers would have
to determine threats, the plans and
3. The statement was
obtained during official strength of their enemies and the proper
investigation after the suspect had course of action to be undertaken.
been informed of the nature of the Throughout the history of man, the use
offense, of his right to remain of intelligence has been resorted to by
silent, of the fact that the statement ancient leaders.(Guevara and
he might give could be used against Tatoy,2010)
him at the trial, and of the fact that
counsel would be made available to The effective use of intelligence
him if he so requested. is crucial to a law enforcement agency’s
ability to combat criminal groups.
Intelligence analysis also provides the resulting from the processing of
agency with the knowledge required for information for future action.
effective management of its resources. It In wide array or field of human endeavor
such as military, political organizations,
enables them to identify and understand
business entity and in the field of law
criminal groups operating in their areas. enforcement, intelligence is amply
(Google-Internet) classified in general as processed
information.
Intelligence analysis aids
investigations by helping to target In the study of Criminology, the focus is
available resources and identifying given to Police Intelligence:
information gaps to focus the
investigation more clearly. It also helps Definition of Police Intelligence:
to avoid duplication of effort and prevent (Guevara & Tatoy,2010)
straying into areas of no relevance.
(Google-Internet) ⮚ As a process, police intelligence
is an activity which treats
Thus, law enforcement processed information as the
intelligence information takes on many basis of departmental policy and
forms on a variety of topics such as: decision making.
illegal drug trafficking, human ⮚ As an organization, police
trafficking, gangs, motor vehicle thefts,
intelligence is an institution
burglaries and much more. Intelligence composed of personnel who
information helps the police to solve pursue a special kind of
cases and make arrests that can lead to knowledge for the purpose of
successful prosecution in court. (Google- planning, collecting, evaluating
Internet) and disseminating information
relating to integrity of its
LESSON I-THE ROLE, members, conditions that
IMPORTANCE, PURPOSES AND promote disturbance due to peace
and order, organized criminal
TYPES OF INTELLIGENCE
syndicates, insurgency and
DEFINITION OF INTELLIGENCE: subversion.
(Guevara & Tatoy,2010)
IMPORTANCE OF
INTELLIGENCE- is defined as the INTELLIGENCE(Guevarra &
product resulting from the collection, Tatoy,2010)
analysis, integration,evaluation and
interpretation of all available 1. It is vital to enable a nation to
information which concerns one or more formulate its policies, strategic plans and
aspects of area of operation potentially conduct its diplomacy;
significant to planning. 2. Intelligence is needed in order to
enable a nation to forestall the activities
Others simply defined Intelligence in the of its internal and external enemies;
sense that it is the output or end product 3. it is necessary to detect and prosecute
the activities of criminals and subversive
elements;
4. It is vital in providing ample security
for the people and the state; and 4. Combat Intelligence- refers to that
5. Intelligence plays an important role in intelligence utilized in designing plans
the life and survival of a country by and conducting tactical and
providing advance and exact knowledge administrative operations. Tactical
of the intentions and design of its operation means the level of war at
enemies. which battles and engagements are
planned and executed to accomplish
TYPES OF military objectives. On the other hand,
INTELLIGENCE(Guevarra & administrative operation involves
Tatoy,2010) coordinating, planning and directing
services to support the tactical operation.
1. Police Intelligence- refers to the
output or end product resulting from the 5. Counter-Intelligence- refers to the
collection, evaluation, analysis, measures undertaken to deny the enemy
integration and interpretation of all of any information consisting of passive
available facts which concerns the and active intelligence measures. In
activities of criminal elements and its passive counter-intelligence, secrecy
activities significant to police planning discipline, movement control,
and operation. This covers Line camouflage and proper handling of
Intelligence, Strategic Intelligence and information is practiced and observed.
Counter-Intelligence. Line intelligence Active counter-intelligence on the other
refers to processed information which is hand, covers reconnaissance, patrolling,
immediate in nature. Strategic sabotage, espionage, interior guard duty
Intelligence Refers to long term or and fortification of vital facilities.
future use of processed information.
Counter-Intelligence deals primarily NOTABLE INTELLIGENCE
with the building of the organization ORGANIZATIONS(Guevara &
against internal enemies. Tatoy,2010)

2. Military Intelligence-refers to the use 1. Central Intelligence Agency (CIA)-


of processed information in formulating established by virtue of the US National
military plans, programs and policies. Security Act of 1947 signed into law by
This would include strategic and combat President Harry S. Truman, the Central
intelligence. Strategic intelligence gives Intelligence Agency took the cudgels
attention to the capability, vulnerability from the Office of Strategic Services
and possible course of action of the (OSS), the National Intelligence
enemy. Combat intelligence on the Authority and the Criminal Intelligence
other hand, highlights knowledge Group. The function of this famous
pertaining to weather, enemy and organization is to ascertain all aspects
terrain (WET). concerning national security and
coordinated efforts of various agencies
3. Strategic Intelligence- in broader that are in the nature of intelligence
sense, refers to the process of gathering gathering. This centralized information
information designed to disturb and stream was used as basis to national
disrupt the enemy’s state of finances and policy. During its limelight, operations
destroy the stability and foundation of its both local and foreign ere conducted by
organization. CIA personnel who influenced and
affected many nations. Authors and
critics alike, dubbed CIA as an 4. Mossad- the Israeli Intelligence
Invincible Government whose powers Agency which are renowned by many as
are independent and absolute. the best due to the fact that Israel despite
of having countless enemies in the
2. Komitet Gosudarstvennoy Middle East,was able to survive and
Bezopasnosti (KGB)- or the Committee flourish. Formerly known as the Central
for State Security of Russia during the Institute for Coordination and the
height of the cold war and the Central Institute for Intelligence and
prominence of the defunct USSR, it was Security, Mossad (short for HaMossad
the Russian Agency whose works are leModi’in uleTafkidim Meyuhadim)
comparable to that of its American was formed on April 1, 1951. Mossad
counterpart, the CIA. The KGB was the was formed by then Prime Minister
umbrella organization name for the David Ben Gurion, who gave as
Soviet Union’s premier security, secret Mossad’s primary directive: “ For our
police and intelligence agency from state which since its creation has been
1954 to 1991. On December 21, 1995, under siege by its enemies, Intelligence
Russian President Boris Yeltsin signed constitutes the first line of defense…we
the decree that disbanded the KGB and must learn well how to recognize what is
was substituted by the Federal Security going on around us”.
Service (FSS) of the Russian Federation.

3. British Secret Service (M-I-6)- a IMMEDIATE AREAS OF


parallel ally and intelligence INTEREST IN POLICE
organization of the western powers INTELLIGENCE(Guevara &
established by the Committee of Tatoy,2010)
Imperial Defense in October 1909. The
Secret Service Bureau was soon ⮚ Crime prone communities with
abbreviated to Secret Service, ‘SS
Bureau’ or even ‘SS’. The first head of sufficient infestation of vices,
the Foreign Section, Captain Sir organized crimes, juvenile
Mansfield Cumming RN, signed himself delinquency and indications of
‘MC’ or ‘C’ in green ink. Thus began the insurgent and subversive
long tradition of the head of the Service elements
adopting the initial ‘C’ as his symbol. ⮚ Matters in connection with
‘MI6’ has become an almost
personal security,
interchangeable title for SIS, at least in
communications security,
the minds of those outside the Service.
document security, VIP security
The origins of the use of this other title
and physical security
are to be found in the late 1930s when it
was adopted as a flag of convenience for ⮚ Pending cases under
‘SIS”. It was used extensively during investigation whether criminal,
World War II, especially if an civil or administrative in nature
organizational link needed to be made
with MI5 (the Security Service). ⮚ Identified personalities connected
Although ‘MI6’ fell into official disuse with syndicates and organized
years ago, many writers and journalists crimes
continue to use it to describe ‘SIS’.
⮚ Crime prevention and control ⮚ Identify criminal and subversive
elements as well as their
⮚ Aspects of management for
associates;
planning, funds, equipment for
organizational efficiency ⮚ Check the conditions of the
community relating to crimes,
TYPES OF POLICE vices and juvenile delinquency to
INTELLIGENCE(Guevara & help in crime prevention and
Tatoy,2010) control;
⮚ Check on the security condition
1. Police Strategic Intelligence- a
processed information which is long of PNP personnel, funds,
range in nature. It is usually used to equipment and materials;
define, describe the criminals and their ⮚ Check on the effectiveness of the
activities, as well as provide and insight
operations of PNP forces; and
of their Modus Operandi. Although its
value is not considered immediate in ⮚ Serves as an indispensable tool
nature, such information may be utilized for policy making and
to develop specific methods to deter and management planning of the
interrupt criminal trends. police organization.
2. Police Line Intelligence- an PRINCIPLES OF SOUND
intelligencedata that is immediate in INTELLIGENCE(Guevara &
nature. Such information must be Tatoy,2010)
updated, factual and concise so as to
provide effective aids in police
operations. ⮚ Police intelligence and operations
must go hand in hand and are
3. Police Counter Intelligence- it is an always interdependent;
activity which is intended to build an
organization against the enemy by ⮚ Police intelligence must be useful
ensuring loyalty of its members through either for present or future needs;
stringent background investigation. ⮚ Intelligence must be readily
Designed to thwart attempts and
neutralize penetration activities, this available when required;
endeavor will ensure integrity among ⮚ Intelligence operation must be
members of the police community.
flexible, innovative, imaginative
and must always have foresight;
PURPOSES OF POLICE
and
INTELLIGENCE(Guevara &
Tatoy,2010) ⮚ Intelligence procured must be
secured to protect the
⮚ Effect the arrest of criminal information, source, agent and
the organization.
offenders and provide evidence
to assist the prosecution in their
AGENT RECRUITMENT
conviction;
AND
MANAGEMENT(Guevarra &
⮚ Appointment- Issuance of order
Tatoy,2010)
as an intelligence operative agent
INTELLIGENCE in a certain unit.
PERSONNEL:
ESSENTIAL QUALITIES OF AND
Agent – An undercover operative INTELLIGENCE AGENT(Guevara &
that detects, observes, infiltrates Tatoy,2010)
and gathers information
regarding a particular target. ⮚ Unquestioned loyalty to the state
and the allegiance to the
Intelligence Teams- composed
Constitution;
of specialized agents, translator
teams and photo interpreter team ⮚ Integrity and honesty indicating
usually engaged in the following uprightness of character;
activities:
⮚ Good moral character;
⮚ Interrogation of criminals and ⮚ Respect to authority and
interview of civilians; superiors;
⮚ Translation of documents; and ⮚ Common sense and wise use of
⮚ Interpretation of footage and judgment;
photographs. ⮚ Self-discipline;

PHASES OF RECRUITMENT OF ⮚ Good people skills; and


INTELLIGENCE ⮚ Self-confidence and inherent
PERSONNEL/AGENTS(Guevara &
Tatoy,2010) fortitude.

PHILIPPINE INTELLIGENCE
⮚ Selection- process of choosing ORGANIZATIONS(Guevara &
from available personnel the Tatoy,2010)
most qualified operative fitted for
police intelligence work; 1. Bureau of Immigration and
Deportation (BID)-given the sole
⮚ Investigation- the process of
authority to enforce and administer
determining the degree of immigration and foreign nationals
qualification, personnel registration laws including the
background of prospective admission, registration, exclusion and
agents; deportation and repatriation of foreign
⮚ Testing- a series of actual and nationals. It also supervises the
immigration from the Philippines of
theoretical assignment to foreign nationals.
determine the intellectual
capacity of the prospect; and 2. Department of National Defense
(Intelligence Division)- is tasked with
guarding and securing the country
against internal and external threats to the operating arm under the Directorate
national peace and security, and to for Intelligence of the PNP.
provide support for social and economic PNP Criminal Investigation and
development. Detection Group (PNP-CIDG)-
functions are to monitor, investigate and
3. Intelligence Service of the Armed prosecute all crimes involving economic
Forces of the Philippines (ISAFP)- sabotage like bank frauds, large scale
heads the intelligence efforts of the AFP. smuggling, estafa, dollar salting,
hoarding, profiteering, and other crimes
4. J2 Coordinating Staff of the AFP - of such magnitude and extent as to
serves as the intelligence community indicate their commission by highly
manager for support to military placed professional syndicates and
operations of the AFP. organizations.

5. Military Intelligence Group- one of


⮚ Other PNP Intelligence
the Intelligence units of the AFP.
Units/Divisions/Sections in
6. National Bureau of Investigation the PNP Regional and
(NBI)-undertakes the efficient detection Provincial levels.
and investigation of crimes and other
offenses against Philippine laws. It LESSON II- THE INTELLIGENCE
coordinates with other national and local CYCLE
police agencies in the maintenance of
peace and order. THE INTELLIGENCE
CYCLE(Guevara & Tatoy,2010)
7. National Intelligence Coordinating
Agency (NICA)- is the primary Introduction:
intelligence gathering and analysis arm
of the Philippine government, in-charge Information, the blood-line or
of carrying out overt, covert and main source of intelligence would
clandestine intelligence programs. include any of the following: maps,
materials, documents, reports of
8. PNP Intelligence Units: possible or actual enemy operations. It
Directorate for Intelligence (DI) of the may consist of organized or unorganized
PNP-manages the gathering/collating of data, which may be positive or negative
intelligence objectives through effective pieces of facts. Information may come
management of all intelligence and from persons, things and places. It is a
counter-intelligence activities of the PNP communicated knowledge obtained by
PNP Intelligence Group (PNP-IG)- study, observation, research and
serves as the intelligence and counter- analysis.
intelligence operating unit of the PNP
under the Directorate for Intelligence. It The intelligence Cycle:
provides timely and adequate 1. Collection of Information;
intelligence to different PNP units tasked 2. Processing of Information;
to secure major international and local 3. Dissemination and Use of
events in the country from any threats
posed by criminals and terrorists. It is Intelligence; and
4. Direction of the Collection A. COVERT METHOD- This is a
Effort. clandestine or secret means of
obtaining information which includes
the following activities:
I. COLLECTION OF
INFORMATION: (Guevara & ⮚ Infiltration- the gradual
Tatoy,2010) penetration into enemy domain
and territory
Each collecting agency of a command ⮚ Surveillance- By utilizing
is responsible for procuring, collecting
and transmitting of all information of satellite, photo, audio electronic
perceived intelligence value to adjacent gadgets and advance
and higher headquarters with the least communications system.
possible delay even in the absence of ⮚ Elicitation- made through
specific instruction. This is referred to as
interview, interrogation and
the essence of procurement of
instrumentation.
information of which the most vital
factor is access of either the agents or
All forms and systems of
informants to the desired facts without
intelligence are now aided by a fast
arousing the attention of the subject or
developing technology of
those given the task to protect them.
communications and a number of
computing and measuring devices.
Police Routine Activities which are
Miniaturized cameras and microfilms
good sources of information:
have made it easier for persons engaged
⮚ Patrol in all forms of espionage to photograph
secret documents and hide the data
⮚ Use of informants contained in films. Artificial satellites
also have an espionage utility that of
⮚ Criminal investigations
aerial photography for such purposes of
⮚ Community relations program detecting secret military installations.

⮚ Checkpoints The forefront of these


developments is highly secret, but it is
⮚ Search and seizures widely known that telephones can be
tapped without wires, rooms can be
⮚ Surveillance operations bugged (planted with electronic listening
and recording devices) without entry,
⮚ Coordination with other
and photographs can be made in the
government/la enforcement dark. The same technology is used in
agencies both local and foreign counter-measures, and the competition
escalates between those seeking secret
information and those trying to protect it.

METHODS OF COLLECTION In foreign embassies in sensitive


OF INFORMATION:(Guevara & areas, confidential discussions routinely
Tatoy,2010) take place in plastic bubbles encasing
secure rooms to safeguard the
confidentiality of information.
Intelligence agencies have long been
known to employ expert lip readers. 5. Covert packages-installed
with photographic audio visual
Confidentiality and privacy of equipment concealed and disguised to
communications remains under constant hide its true purpose.
assault by technological developments
that offer threats to, but perhaps also 6. Audio electronic devices-
promises for, human progress. such as buried microphone, aero bat
micro eye TV camera, parabolic and
COVERT EQUIPMENTS: shotgun microphone.

1. Body wire/voice transmitter- B. OVERT METHOD- It is the


such materials are usually hidden in a collection of information in the open by
brief case, attached to the agent’s means of government records, census
clothing or disguised as a cigarette case, and statistics, residential, commercial
a ball pen, any ordinary functional item and business listings, other printed
or package and the likes. materials available to the public, internet
and interview.
2. Tracking Device- It is
attached to a vehicle, the subject or the In the Philippines, the bulk or
undercover agent which transmit signal main source of information utilized by la
to a receiver and specifically indicates enforcement officers are the informants.
location. They are also commonly referred to as “
assets, street sources and stool pigeons.
3. Surveillance vans- expensive
to operate due to the number of Definition of Informant
equipment installed and necessary for
⮚ Any person directed by law
operations such as several power outlets,
air conditioning and heating systems, enforcement officers who is
portable toilet, carbon monoxide sensor usually compensated and
and alarm, insulation from cold and heat, furnishes information regarding
video and audio equipment, transmitter unlawful activity or performs
and receiver, recorder and such other other tasks as specified and
items necessary in setting –up a mobile directed by intelligence agents.
nerve center for intelligence gathering
and operations. Difference between informer
and informant
4. Low-light photography
equipment-Normally attached to Informer- the person revealing
weapons, videos, camera and hand held confidential information in return
light intensifiers which allows footages for money (paid informant). A
to be taken in extreme lighting police informer is an insider in
conditions particularly in complete the target organization secretly
darkness without alarming the attention helping or working for the police.
of the subject. This also includes
telephoto lens, night susper scope M-2, Informant- someone who sees
binocular adaptor, sequence photo or witnesses something and
camera, etc.
reports the matter to the police,
⮚ Repentance-The desire to repay
usually voluntary in nature.
society for past transgressions
Kinds of Informants: usually occurs with such
informants.
⮚ Ordinary informants
⮚ Remuneration-mercenary
⮚ Mercenary informants informants engage in giving
information with financial reward
⮚ Rival elimination informants
or monetary consideration. They
⮚ Double-cross informants are the most dangerous because
they sell information to the
⮚ Voluntary informants highest bidders and often work as
a double informant to both sides.
⮚ Self-aggrandizing informants
⮚ Perversity- the purpose of the
Motives of Informants in giving
Information informant is to eliminate
competition, set up decoys, learn
⮚ Vanity-the informant often takes the nature of police intelligence
matters into his own hands. This activities and distract the efforts
may result in the compromise of in intelligence gathering.
the case and may endanger the
life or safety of the intelligence ⮚ Jealousy- informants motivated
agent. This kind of informant is
primarily motivated by greed. by their thoughts and feelings of
insecurity, fear and concern over
a relative lack of possessions or
⮚ Civic mindedness- This is safety.
altruism, the informant is
motivated by unselfish regard for ⮚ Avoidance of punishment-
or devotion to the welfare of
others. Informant is motivated by
avoidance behavior who takes to
escape from punishment or being
⮚ Fear- an informant who liable to the wrong acts he
anticipates danger to himself or committed.
his family and cooperates with
law enforcement officers to keep The primary consideration in the
him away from harm. Informant Management is
establishing good rapport,
harmony and trust of the informant.
⮚ Revenge- A strong motive which As a general rule, never divulge the
causes one individual aligning identity of the confidential
against his closest and most informant. This is not only an ethical
intimate association, usually practice but also a sound principle to
characterized by hatred. safeguard the life of the source and
ultimately gain their trust and
confidence.
Intelligence is a necessity for the
Safeguarding the Identity of successful investigation of
Informants: today’s sophisticated criminals
and invaluable asset for police
Identity of informant should not be managers in making well-
disclosed unless absolutely necessary informed decisions.
and only to proper authorities;
Identity of confidential informant is kept The principle involved in
secret to all persons except the agent’s processing of information is
Commanding Officer or Head of Office; that all information with relevant
Confidential informants should not be intelligence value to determine
asked to testify in court; and the credibility of its source and
Officer charged with the supervision the accuracy of the facts
with criminal investigation activities will obtained. Evaluated information
take necessary precautions to avoid is then subject to interpretation to
compromise of information and sources determine its significance in the
of information considered confidential. light of all other intelligence at
hand.
Treatment of Confidential
Informants Processing- is a stepby which the
intelligence is transformed from raw
Treat them fairly regardless of character, facts or materials to intelligence data. It
education and occupation; involves three (3) processes, namely:
Run the show, do not allow informant to
take over the investigation; 1. Collation- It will entail the recording
Be unscrupulously exact in all or organization of raw materials or data
transactions; so that they may be readily compared to
Keep your promise to avoid loos of other items. It involves the grouping of
informants; records so that related items may be
Avoid using informant in court; readily compared, studied and reported.
Conceal informants’ identity; and There are four (4) means which an
Accept all information at face value. It intelligence officer may collate
should be checked and included as it information, as follows:
may be of use in the future, if not for the
present.  Intelligence journal
 Enemy Situation Map
II. THE PROCESSING OF  Intelligence Worksheet
INFORMATION:(Guevara &  Intelligence File
Tatoy,2010)
Intelligence Data Processing 2. Evaluation- refers to the examination
of raw materials in order to determine its
1. It is a process through which reliability, credibility and relevance to
information is managed; police operations. In evaluation, the
2. It can increase knowledge of a following considerations must be
particular problem; and undertaken:
3. It results in preventive and
informed public policy.
Is the gathered information needed for 3. Interpretation- is the
immediate purposes or in the future determination of the significance of the
time? intelligence data in relation to other data
Is the source reliable? at hand in order to draw conclusion.
Under the given circumstance, is it This undergoes three (3) distinct
possible to obtain such information? procedures, which are as follows:
Is it confirmed and collaborated by other
sources?
⮚ Analysis- it is done by shifting and
If a variance should be observed, which
piece of information is more likely to be sorting of all available intelligence
correct? materials;
⮚ Integration-it is the combination of
EVALUATION CODE (as to
all analyzed data to form a logical
Reliability, Credibility and Source of
picture or theory; and
Information)
⮚ Deduction- the formulation of
1. According to Reliability of Source conclusion from theories as a result
of integration.
A- Completely reliable
B- Usually reliable
III. DISSEMINATION AND
C- Fairly reliable
D- Not usually reliable USE OF INTELLIGENCE:
E- Unreliable (Guevara & Tatoy,2010)
F- Reliability unknown
The intelligence duly processed must be
2. According to Credibility of presented to the Commander to enable
Information him to formulate decisions and plans and
1- Confirmed by other sources is distributed to all higher, adjacent and
2- Probably true lower offices in the time for it to be of
3- Possibly true value. Timeliness which connotes that it
4- Doubtfully true should be forwarded without delay when
5- Improbable report needed and propriety in the sense that it
6- Truth cannot be judged must be clear and concise, the two must
be observed at all times.
3. According to the Source of
Information Methods or Modes of Dissemination:
T- Direct observation by the unit ⮚ Personal contact
Commander
U- Report made by the intelligence ⮚ Special messages/encrypted or
agents coded
V- Report rendered by military or la
enforcement personnel ⮚ Conferences/staff meetings
W- A result on interrogation
X- Observation of any government ⮚ Situation maps
civilian employee
⮚ Intelligence
Y/Z – Obtained from documents
documents/directives/request
IV. DIRECTION OF THE
COLLECTION EFFORT:
(Guevara & Tatoy,2010)

The principle in planning the


collection effort is based on the
collecting agency’s capability. This is to
ensure that the coordinated search for
information sought may be obtained to
govern the future conduct of the unit. It
embodies the following elements or
features:

⮚ The essential elements of


information needed;
⮚ The collection plan including
choosing the personnel;
⮚ The implementation process by
issuance of necessary orders;
⮚ Supervision and follow up.

Essential Elements of Information

They are particular requirements


for information which the end user needs
to govern the conduct of the operations.
In the formulation of the essential
elements of information, the following
must be considered:

1. The available lines of actions,


the target, subject or enemy may adopt
which will interfere with or favor the
accomplishment of the mission.

2. The next major decision which


can be foreseen at present and additional
information needed to decide. (Alternate
or back up plan)

Information pertaining to the situation


confronting the unit requested by
adjacent or higher command.

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