Etymology of Investigation

The term came from the Latin word INVESTIGARE (vestigare in some books) which means “to
track or to look into for traces”.
Fundamentally, it may have been derived from VESTIGIUM, another Latin word which means
footprint. (MS Encarta Reference Library, 2009)
Criminal Investigation came from the Latin term “Investigationem”, which means “to inquire
or to discover” during the 5th century (Microsoft® Encarta® 2008. © 1993-2007 Microsoft
Corporation
Investigation is the act or process of investigating or the condition of being investigated. It also
refers to search or inquiry for asserting facts, detailed or careful examination. Investigation came
from the Latin term ‘investigat’, which means “to inquire or to discover” during the 5th century.
Investigation refers to the process of carrying out a detailed examination or inquiry usually in
official manner, to discover something or somebody.
Criminal Investigation is the collection and analysis of facts about persons, things and places,
subject of the crime to identify the guilty party, locate the whereabouts of the guilty party, and
provide admissible evidence to establish the guilty party involve in a crime.
Criminal investigation is the logical, objective, and legal inquiry involving a possible criminal
activity. The result of the inquiry, if successful, will answer the 5W’s (who, what, where, when,
why) and the H (how) questions.
THE SIX (6) CARDINAL POINTS OF INVESTIGATION
1. WHAT specific offense has been committed?Nature of crime
2. WHERE crime was committed? Place or location
3. WHEN it was committed? Time and date
4. WHOM it was committed? Persons/s involved
5. WHY it was committed? Reason or motive of
Committing the crime
6. HOW it was committed? Manner, method or modus
operandi

Starting Points of the Criminal Investigation

1. State the problem -the problem would be; to identify, locate and arrest the perpetrator of the
crime and attempt to recover all stolen property in a thorough legal manner designed to ensure
the greatest probability of justice.
2. Form hypothesis -to construct an explanation for an occurrence by knowing the ff;
a. Motive- that which causes a person to act in a certain manner
b. Knowledge/opportunity- given chance to commit crime
c. Means/Instrumentality - the things used to commit crime
3. Observed and Experiment - serves as a check for the hypothesis that is incorrect or correct.
Criminal investigation is the collection of facts to accomplish the threefold aims:
 Identification of the guilty party
 The location of the whereabouts of the guilty party, and
 Providing admissible evidence to establish the guilt of the parties involved in the crime.
KINDS OF CRIMINAL INVESTIGATION
Generally speaking, the two kinds of criminal investigation are: investigation while the suspect is
under arrest and detention; and investigation where the suspects is “at large.”
Legally speaking, the term ‘at large’ is not synonymous the “fugitive from justice.” The former,
not being a wanted person before the eyes of the law, and therefore, cannot be lawfully arrested
without a warrant. The latter is necessarily an escapee from detention or an escaped prisoner
while serving the sentence by virtue of a final judgment rendered by a court of competent
jurisdiction that can be legally arrested without the necessity of a warrant of arrest based from
paragraph c, Sec 5, Rule 113, Rules of Court (Nolledo, 2000).
THREE PHASES OF CRIMINAL INVESTIGATION
1. The criminal is identified.
2. The criminal is traced, located and arrested.
3. The fact or evidence to prove his/her guilt is gathered for introduction during trial.
GOALS OF CRIMINAL INVESTIGATION
1. To determine whether a crime has been committed.
2. To legally obtain information or evidence.
3. To identify persons involved.
4. To arrest suspects.
5. To recover stolen properties.
6. The present the best possible case to the prosecutor.
MODES OF INVESTIGATION
1. Reactive mode of investigation addresses crimes that already happened or occurred.
2. Proactive mode of investigation identifies and arrests suspects before crime will happen. It is
designed to catch a criminal in the act of committing a crime rather than waiting until a crime is
reported by a concerned citizen.
Criminal Investigation as:
1. Criminal Investigation as an Art
Criminal investigation is considered as an art because it is not governed by rigid rules or
fixed legal procedures but most often based on intuition (logic and tested knowledge,
immediately learning or consciousness) and sometimes by chance. Most often than not, it is
governed by:
a. Felicity/inspiration,
b. Intuition, and
c. Luck
It was Dr. Hans Gross who said that criminal investigation is 95% perspiration, 3%
inspiration and 2% luck. This means that investigators should not only depend on inspiration or
luck or else they will fail 95% in their investigation. 100% effort must be exerted because
inspiration or luck may never come in this way (Garcia, 2004).
2. Criminal Investigation as a Science
Criminal investigations science because it involves the application of knowledge of
forensic science is in the process of identifying, locating, collecting, processing, and/or
evaluating physical evidence (Manwong, 2004).
3.Criminal Investigation as a Process
Criminal Investigation involves the systematic process of identifying, collecting, preserving, and
evaluating data or raw facts to produce valuable information to prosecute a criminal offender that
eventually leads to proper administration of justice.
Elements of Criminal Investigation as a Process (Five Functions)
1.Recognition/ Identification- This activity involves the efforts of identifying data, including
physical things that may provide relevant information regarding the criminal case being
investigated. The earlier the significant facts are identified, the sooner the case will be solved.
Significant things that must be recognized maybe in the form of bloodstain at the crime scene,
neighbors who accidentally saw a burglary in progress, or bank records for drug dealers.
2. Collection- This is the act of gathering those identified data or facts or physical things that are
significant to the case under investigation. Collection maybe done by scraping the bloodstain
found at the crime scene, interviewing the neighbors who saw the burglary or examination of
drug dealer’s bankbook.
3. Preservation- This is a function that is continuously performed during the collection stage. It
includes act of keeping the collected pieces of evidence in their true and original form.
Preventing contamination or destruction of its substantive value. Preservation does not only
involve the process of packaging physical evidences in order that they can be safely transmitted
to the evidence custodian or to the crime laboratory. It covers the process of maintaining the
objectivity of facts or information that has been gathered from the testimony of witnesses,
victims or other persons involved in the criminal case.
4. Evaluation- This is the process of determining the probative value of collected pieces of
evidence. Probative value refers to the evidence or its worth in successfully establishing a proof
that a crime has in fact been committed and that the suspects/accused is the one who is
responsible for it.
5. Presentation- This function is primarily manifested inside the court. The investigator, with
the help of the prosecutor, must be able to present facts in a very simple and convenient manner
in order to convince the court and other parties involved in the criminal case about the validity
and the truthfulness of the pieces of evidence they are trying to prove or establish and that a
crime was really committed.
CRIMINAL INVESTIGATOR
Criminal investigator refers to the person who performs an investigation. Criminal investigator is
also known as prober and is considered as the superstar in the process of investigation (Cael &
Agas, 2000).
- a person who is charged with the duty of carrying on the objectives of criminal investigation,
e.g., to identify and locate the guilty and provide evidence of his guilt.
Role of Investigator
 Determine whether a crime has been committed
 Identify the victim/s and the offender
 Locate and apprehend the accused
 Present evidence of guilt for the suspect/s
 Assist in case follow-up

QUALITIES OF INVESTIGATORS
1. Perseverance– Steadfastness, persistence and resolution to bring the desired conclusion in
spite of obstacles connected with criminal investigation.
 2. Endurance– The ability of last physically and mentally hence, the must have an extra
ordinary physical and mental energy, enduring sleepless nights and tiresome days
3. Incorruptible honesty and integrity– In the practice of this art, there is the ever
temptations of money, women and drinks. Where these are present in every corner
playing tricks of temptations.
4. The Intelligence and Wisdom of Solomon– This is very important in order that the
investigator could easily decipher falsehood.
5. Acting Ability– This is the ability to go down to the level of the mirror, the prostitute or
slum dwellers, or the level of me other professor or the members of the elite.
6. Mastery of the Oral and Written Communication–This is necessary in order that the
investigator will not suffer setbacks in getting accurate facts.
7. The Keen Power of Observation and Description–These are very important in crime
scene investigation and in interview and interrogation.
8. Courage– It is a moral fortitude to tell the truth no matter who will be hurt.
9. Knowledge on Laws. The investigator should have basic knowledge on legal matters
concerning investigation.
10. The power to “read between the lines”. These are the first is the ability of the investigator
to interpret the words or phrases encountered in the process of investigation into their
deeper meaning in order to arrive with a concrete meaning of a certain statement.
11. Technical Knowledge. This refers to the investigator’s capability of defense tactics, use
of firearms and the like. In many occasions, he or she will be alone in confronting,
arresting, bringing to headquarters and interrogating the suspect (Garcia, 2004).
HISTORICAL BACKGROUND OF CRIMINAL INVESTIGATION
The Code of Hammurabi ruled from 1792 to 1750 BC
Is considered to be the oldest known code of law from the Old Babylonian period. The
code is also one of the earliest examples of the idea of presumption of innocence, and it also
suggests that both the accused and accuser have the opportunity to provide evidence.
It consists of 282 laws, with scaled punishments known as Lex Taliones which means "an
eye for an eye, a tooth for a tooth"
5th CENTURY B.C., ROME: Rome created the first specialized investigative unit. It was named
as QUESTORS or TRACKERS of MURDERER. Roman civilian accepted the role of quasi
police with a sense of civic responsibility, they often made citizen arrest.
6th CENTURY B.C. ATHENS: Unpaid magistrates (judges), were appointed by the citizens to
make decisions for the cases presented to them.
TIME OF ALFRED THE GREAT
In the later part of 19TH Century, England's king, Alfred the Great established a system
of "mutual pledge" (social control), which organized for the security of the country into several
levels:
1. TEN TITHING - One hundred persons are grouped into one under the charge of a High
Constable.
2. TITHING - Ten persons are grouped together to protect one another and to assume
responsibility for the acts of the group's members. The one who "dtoot s tot ritoot heads this
group is called Tithing Man.
*SHIRES - The divisions of a specific geographic area. It is being controlled by the king
and governed by a Shire-reeve, or Sheriff.
TIME OF EMPEROR AUGUSTUS
At about the time of Christ, Rome: The Roman Emperor Augustus picked out special,
highly qualified members of the military to form the following:
1. PRAETORIAN GUARD - This was considered the first police officers, their job is to protect
the palace and the emperor.
2. PRAEFECTUS URBI - Their function is to protect the city. They have both executive and
judicial power.
3. VIGILES OF ROME - The vigiles began as fire fighters, they were eventually also given law
enforcement responsibilities and they patrolled Rome's streets day and night. The vigiles could
be considered the civil police force designed to protect citizens.
It is from them that the word "VIGILANTE" came from.
TIME OF WINCHESTER
1285 A.D., England: THE STATUTE OF criminal justice system in which most of the
WINCHESTER was enacted establishing a rudimentary responsibility for law
■ 1720's, England: JONATHAN WILD - a master criminal who became the London's most
effective vitegitasvni 130 criminal investigator.
He was the most famous THIEF-CATCHER in 1720s. He conceived the idea of charging
a fee onion for locating and returning stolen property to Dni its rightful owners.
■ 1750s, England: HENRY FIELDING -He was the creator and a magistrate of the Bow Street
Runners; he formed a group of police officers attached to the Bow Street Court, not in uniform
performing criminal investigative functions.
■ 1753, England: JOHN FIELDING - The "blind" younger brother of Henry Fielding who took
over the control of Bow Street Court in 1753. He also introduced the practice of developing
informants, printing wanted notices, employing criminal raids, and bearing firearms and
handcuffs.
■ 1800, London: PATRICK COLQUHOUN - A prominent London President who proposed the
unique idea of creating sizeable uniformed force to police the city of London in order to remedy
the public outcry concerning the increase of criminality during the early 1800s.
■ 1811, France: EUGENE "FRANCOIS" VIDOCQ. established a squad of ex-convicts to aid the
Paris Police in investigating crimes. He worked under the theory of "Set a thief to catch a thief."
He is credited, as the founder of La Surete, France's National Detective Organization.
■ 1829, London: ROBERT PEELS - The founder and chief organizer of London Metropolitan
Police. He introduced the techniques in detecting crimes such as detectives concealing
themselves, and secretly photographing and recording conversations.
■ 1835, TEXAS RANGERS was organized as the first law enforcement agency with statewide
investigative authority. This is the forerunner of the Federal Bureau of Investigation (FBI).
■ (1847-1915), Dr. HANS GROSS - The earliest advocate of criminal investigation as a science.
Gross was a native of Austria, born in Graz. Educated in law, he became interested in
investigation while serving as an examining magistrate. He became a professor of Criminology
at the University of Vienna.
■ 1852, U.S.A: CHARLES DICKENS is a great novelist in which through his story entitled
bleak house, he introduced the term detective to the English language.
■ 1852, U.S.A: ALLAN PINKERTON. This individual truly deserves the title of "America's
Founder of Criminal Investigation."
Among methods pioneered by Pinkerton were; orit ba "shadowing, roping, undercover."
They work with the motto "We never sleep."
■ 1856, U.S.A: KATE WAYNE: The first woman detective in the history of criminal
investigation. contributed to the resolutions of big cases of the She was hired by the Pinkerton
Agency and United States of America.
■ 1909-1924 JOHN EDGAR HOOVER- He became the head of the Federal Bureau of
Investigation, which was established by the attorney general from 1909 to 1924.
■ 1866, U.S.A: THOMAS BYRNES - He is an unusually keen-minded individual who trained
his detectives in recognizing individual criminal techniques. He founded the criminal "modus
operandi," or method/ mode of operation.
■ 1866, Liberty, Missouri, USA: THE JESSIE JAMES GANG - Made the first hold-up which
marks the beginning of the gang's 15 year hold-up and robbery spree (12 bank hold-ups and 12
train robberies in 11 states). Clay County Savings Association (CCSA) was their first victim and
their take was $60,000,000.00.
■ 1882, France: ALPHONSE BERTILLON - A French Police Clerk who introduced and 22
established the first systematic identification the Anthropological based on system Signalment
(Anthropometry).
He is considered as the founder of Criminal Investigation in France.
■ 1954, USA: Dr. PAUL KIRK - The best known Criminalist who headed the Department of
Criminalistics at the University of California, USA.
■ 1966, USA: MIRANDA vs ARIZONA - The US Supreme Court established procedural
guidelines for taking criminal confessions. The case is the origin of the present Miranda rights of
accused under the custody of police.
MIRANDA RIGHTS originated from the American jurisprudence. Mr. Ernesto Miranda, a
Latino v accused of KIDNAPPING and RAPE in the State of Arizona. The Arizona Police
interrogated Mr. Miranda exhaustedly leading to his confession.
Based on his confession, he was charged, tried and convicted. Appeal of his conviction
was made before the Arizona Supreme Court but his The appeal was then conviction was
affirmed. The appeal was elevated to the US Supreme Court where there was a reversal of the
decision and he was acquitted on bod Constitutional grounds.
It was in this case, entitled Miranda vs. Arizona (Ernesto Miranda versus State of
Arizona, USA) that the US Supreme Court laid down the constitutional rights of the accused
during the custodial interrogation. It was incorporated in our 1973 Constitution and later in the
1987 Constitution of the Philippines. This is known as ban the Miranda Rule, Doctrine, or
Warning.
The Law of PNP applicable in Criminal Investigation;
1. 1987 PHIL CONSTITUTION, Art 16, Sec 6 = "The state established and maintained one
police force, which shall be NATIONAL IN SCOPE AND CIVILIAN IN CHARACTER, to be
administered and controlled by the National Police Commission. The authority of the local
executives over the police shall be provided by law."
2. RA No. 4864 = The law otherwise known as the Police Act of 1966, It created the Office of
the Police Commission (now National Police Commission). It shall be their duty to preserve
peace and order; prevent the commission of crimes; protect life, liberty and property; and arrest
all violators of laws and ordinances within their jurisdiction. They shall exercise the general
powers to make arrest, searches and seizures in accordance with law. They shall detain an
arrested person only within the period prescribed by law. Approved September 8, 1966 authored
by Cong. Teodulo C Natividad.
3. RA No. 6975 = The Creation of BFP, BJMP and PNP under the Department of Interior and
Local Government (DILG) Act of 1990. Subsequently dissolving the PC whose officers and rank
and file were given the privilege either to join the AFP or the PNP within the period as provided
therein.
4. RA No. 8551 = The PNP Reform and Reorganization Act of 1998 which is now the
operational law that governs over the PNP. Approved February 25, 1998.
5. RA No. 7438 = An act defining certain rights of person arrested, detained or under custodial
investigation.
ARREST
Arrest is the taking of a person into custody in order that he or she may be bound to
answer for the commission of an offense (Sec., 1, Rule 113, Rules of Court).
Two Modes of Arrest
1. Arrest by virtue of a warrant:
2. Arrest without a warrant under exceptional circumstances as may be provided by the statute
(Sec., 5, Rule 113, Rules of Court).
Search warrant is an order in writing issued in the name of the people of the Philippines, signed
by a judge and directed to a peace officer, commanding him to search for personal
property described therein and to bring before the court (Sec 1 Rule 126 of Rules of Court).
Essential Requisites of a Valid Warrant of Arrest
1. It must be issued upon probable cause which may be better mean personally by a judge after
examination under oath or affirmation of the complainant and the witnesses he may produce.
What is Probable Cause?
Probable Cause refers to the evidence that warrants a person of reasonable caution in the
belief that a crime was committed.
2. The warrant must be must particularly describe the person to be seized.

What may be the subject of a search warrant?

1. Subject of the offense;
2. Stolen or embezzled and other proceeds, or fruits of the offense; or
3. Used or intended to be used as the means of committing an offense.
Warrant of Arrest is an order in writing issued in the name of the People of the Philippines
signed by a judge directed to a peace officer, commanding him/her to arrest the person
designated and take him into custody of the law in order that he or she may be bound to answer
for the commission of an offense
The following are the situations in which a police officer may arrest a person without warrant
based on (Rule 113, Section 5, Rules of Court):
1. When, in his presence, the person to be arrested has committed, is actually committing, or
is attempting to commit an offense (in flagrante delicto).
 2. When an offense has in fact just been committed and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be arrested has
committed it (Doctrine of Hot Pursuit).
3. When the person to be arrested is aa prisoner who escaped from the penal establishment
or place he is serving final judgment or is temporarily confined while his case is
pending, or has escaped while being transferred from one confinement to
another(Par.c,sec.5, Rule 113)
Valid Search and Seizures without Search Warrant
a. Search Incidental To A Lawful Arrest
B. Seizure Of Evidence In “Plain View”
C. Search Of A Moving Vehicles
D. Consented Warrantless Search
E. Customs Search
F. Stop And Frisk Or Terry Searches
G. Exigent And Emergency Circumstances
3 I’s of Criminal Investigation
1. Information
2. Interview/Interrogation
3. Instrumentation

INFORMATION - It is the knowledge or facts which the investigator had gathered or acquired
from persons or documents, which are pertinent or relevant concerning the commission of the
crime or criminal activities.

INFORMATION CLASSIFIED AS TO ITS SOURCES:

1. Regular Sources - acquired from open sources, records, files
2. Cultivated Sources - furnished by informants/ informer
3. Grapevine Sources - coming from underworld characters such as prisoners or
criminals
INFORMER DISTINGUISHED FROM INFORMANT
• Informer is one who furnished information to the investigator mainly for purposes of reward or
remuneration while Informant provides information to the prober voluntarily without any
consideration. Moreover, an informer is regularly paid while informant is not
FORMS OF INFORMATION
 1. Sensory form – This is the form of information wherein information was acquired
through the five senses: eyes, ears, nose, tongue and hands can perceive the manifestation
of criminal event.
2. Physical form – The form of information that can give information to the person because
of its physical appearance. The information may actually be in physical (real) form,
physical objects w/c proves upon evaluation to be a clue in investigation.

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

Interview – It is a simple inquiry/ conversation-type elicitation of information from a willing

victims/ witnesses relevant to a certain crime/ incident/ event under investigation.
The IRONIC Format of Interview:
• 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 a 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 outmost courtesy
and thanking the subject for his cooperation.
Question and Answer style of interview are also practiced by some investigators whereby after
each question by the investigator, the interviewee is required to answer on what he knows about
what is being asked.
The Golden Rule in Interview
“Never conduct or let anyone conduct an interview if the interviewer has not gone to the crime
scene.”
Qualities of a Good Interviewer
1. Rapport –Good relationship between the interviewer and the interviewee. The investigator
must endeavor to win the confidence of the subject wherever this is possible.
2. Forceful Personality – The appearance of the interviewer and other qualities such as skills of
communication techniques or the force of his language are the mainstays of the strength of his
character.
3. Knowledge Of Human Behavior – This will help the interviewer to determine the
personality and intelligence of his subject; he must go down and up to the level of understanding
of his particular subject.
4. Conversational Tone Of Voice – His tone of voice must be conversational, not
confrontational as in interrogation.
5. ACTING QUALITIES – He must possess the qualities of an actor, salesman and
psychologist and know how to use the power of persuasion.
6. HUMILITY – He must be courteous, sympathetic and humble, ready to ask apologies for the
inconvenience of the interview.

REASONS WHY WITNESSES REFUSE TO TALK OR TESTIFY

1. Fear Of Reprisal – witnesses who lack the courage to face the suspect, his associates or
relatives always entertain the fear of reprisal.
2. Great Inconvenience– On the part of those of hands-to-mouth existence there is this real
inconvenience, which will deprive them the time to earn for their living especially during
the ordeal of testifying during the trial.
3. Hatred Against The Police – This hatred maybe due to previous bad experience with
rogue members of the police organization.
4. Bias Of The Witness – The witness maybe an acquaintance, friend, helper, or benefactor
of the suspect.
5. Avoidance Of Publicity – There are witnesses who are shy and they shun publicity that
will bring discomfort to their ordinary or obscure way of living.
6. Family Restriction – Some famous and respected families preserve their reputations by
instilling to their members the need of the approval of their elders on matters affecting
their families.
STAGES OF HANDLING THE INTERVIEW
1. Preparation – The investigator should review the facts at the crime scene and information
from other sources in order that he would be ready for the questioning.
2. Approach – The investigator must carefully select his kind of approach, which maybe a
single kind, a combination of two or the application of all techniques.
3. Warming Up – This is done by preliminary or exploratory questions to clear the
atmosphere, promote a conducive ground for cordiality, respect and trust for each other.
4. Cognitive Interview is a form or technique in the conduct of interview upon willing and
cooperative witnesses, where they are given the full opportunity to narrate their accounts
without intervention, interruption and interference from the interviewer. After the subject
has finished his narration, the investigator now subjects him to the style of direct
 examination and cross-examination, to clarify the unexplained portions to arrived at a
vivid and complete picture of the testimony.

RULES IN QUESTIONING A PERSON INVOLVED IN A CRIME

1. ASK QUESTION AT A TIME – Multiple, complex and legalistic questions should be
avoided. One question at a time is desired.
2. AVOID IMPLIED ANSWERS – The nod of the head or any other body language as a
response to the questions should be avoided. The answers must be oral, clear, explicit and
responsive to the questions.
3. QUESTIONS SHOULD BE CLEARLY STATED - A short simple question at a time is
required. If the answer needs qualification, then, it should be allowed. Avoid legalistic
questions such as: who is the murderer; or who are in conspiracy with the subject.
4. SAVING FACES – Embarrassing questions on the subject on matters of exaggeration or
honest errors about time, distance and description can be avoided if the investigator will
cooperate with the subject “to save his face”. The investigator should not fault or ridicule
the subject on these matters.
5. YES AND NO ANSWERS ARE NOT ALLOWED - Do not ask questions which could
be answered by mere yes or no because it will curtail the complete flow of information
and will lead to inaccuracy.

TYPES OF WITNESSES ACCORDING TO THEIR ATTITUDE

1. Know-nothing Type – These are the reluctant type of witnesses. They are found among
the uneducated and of low level of intelligence.
2. Disinterested Type – This is the uncooperative and indifferent subject. To deal with them
is to find out their field of interest so that they will talk.
3. The Drunken Type –the type of questioning by the investigator should be adapted to the
psychology of the subject. When the drunken subject has sobered, another interview will be
conducted, confronting about his disclosures while in the state of drunkenness. The written
statement must be taken during his sobriety.
4. Talkative Type – These are witnesses who are prone to exaggerate, adding irrelevant or new
matters to their narration.
Honest Witnesses – These are the truthful and cooperative witnesses where the investigator
could rely upon, with little or no problem in handling them.
6. Deceitful Witness – This is a liar type of witness. Let him lie and order him to repeat several
times their narration. He will be enmeshed in contradictions. If possible, the lies must be tape
recorded for the confrontation about his contradiction. Pressure him for possible cases of perjury
or obstruction of justice and he will tell the truth.
7. Timid Witnesses – They are the shy witnesses. The approach must be friendly and reassuring
confidentiality of their information.
8. Witnesses who refuse to answer– These are the most difficult subjects to deal with. Find out
the reasons of their personality.
Interrogation is the skillful questioning of a hostile person suspecting of having committed an
offense or a person who is reluctant to make a full disclosure of information in his possession
which is pertinent to the investigation.
Legal requirements of interrogation
The statement of the subject must be obtained voluntarily and trustworthy and not by means or
use of threat, fear ,coercion, duress or any improper tactics which will vitiate the free will of the
subject.
Remember RA 7438- An Act Defining Certain Rights Of Person Arrested, Detained Or Under
Custodial Investigation As Well As The Duties Of The Arresting, Detaining And Investigating
Officers, And Providing Penalties For Violations Thereof

THE TECHNIQUES OF INTERROGATION

1. Emotional Appeal – This is a technique where the investigator, combining his skills of
an actor and a psychologist, addresses the suspect with an emotional appeal to confess.
2. Sympathetic Approach – The investigator, in his preliminary or probing questions must
dig deep into the past troubles, plight and unfortunate events in the life of the suspect.
The suspect may feel the need for sympathy or friendship. He is apparently in
trouble .Gestures of friendship may win his cooperation.
3. Friendliness – A friendly approach coupled with a posture of sincerity may induce the suspect
to confess.
4. Tricks And Bluff Techniques:
• The Pretense Of Solid Evidence Against The Accused – The Investigator bluffs
the suspect that even if he will not confess, there is enough evidence to send him
to jail.
• 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.
• Drama – The weakest link maybe used to fake pain and agony by ordering him to
shout, accompanied by banging a chair on the wall to make it appear that a
commotion is going on.
• Feigning Contact with Family Members – The suspect could be tricked that the
investigator had gone to the residence and the family members had supplied facts
against the suspect.
• The Line Up – The complainant, witness or victim is requested to point
positively the suspect who is among persons in the police line-up.
• 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.
5.Stern Approach – The investigator displays a stern (demands immediate response) personality
towards the suspect by using the following methods:
a. Jolting – Is the questioning technique where the investigator selects the right moment to shout
to the subject with a pertinent question in an apparent righteous outrage.
b. Opportunity to Lie – The suspect is given all the opportunities to lie.
6. The Mutt and Jeff or Sweet and Sour Method – The first set of investigators must appear to
be rough, mean and dangerous. When they had finished the interrogation, the second investigator
intervenes by stopping the first set of investigators.
Two agents are employed
Mutt , the relentless investigator , who is not going to waste any time because he knows the
subject is guilty
Jeff, on the other hand, is obviously a kind-hearted man
7. Removing the Ethnic or Cultural Barrier – If the suspect is an Ifugao, an Ifugao
investigator and the same should interrogate him, the same with other ethnic or cultural groups
8. Searching for the Soft Spot – In every man’s heart, there is always that softest spot. That
spots maybe the youngest child, the wife, the mother, and the brother who acted as his father, the
grandparents or the best friend.
ADDITIONAL MODERN TECHNIQUES OF INTERROGATION
Actually, these modern techniques are called from the techniques afore-cited. What is new about
them are their names and designations.
1. Rationalization – It is the use of reasons, which is acceptable to the subject that led to the
commission of the crime.
2. Projection – It is the process of putting the blame to other persons, not alone to the
suspect.
3. Minimization – It is the act of minimizing the culpability of the suspect.
PHYSICAL SIGNS OF DECEPTIONS
The physical signs of telling a lie are not absolutely bases in saying that a person is not telling
the truth when observed from him/her. Nevertheless, the following shall serve as additional
situations the investigator must have to observe:
1. Excessive Sweating – Profuse sweating indicates tension, anxiety, shock or fear. Extreme
nervousness is also the cause of sweating.
2. Face Color Change – Anger is indicated if the face is blushed
3. Dry Mouth – This is a sign of great tension and is a reliable symptom of deception.
4. Excessive Breathing – An effort to control breathing during the critical questioning is an
indication of deception. Gasping of breath is the ultimate result of the control in
breathing.
5. Increase of Pulse Beat– When observed at the sides of the neck, the investigator will
discover the increase in pulse beat which is indicative of deception.
 6. Avoidance of Direct Eye Contact – This may indicate guilt or deception. Misty or teary
eyes indicate remorse or repentance.
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
Categories of criminals identified by witnesses:
1. Known Criminals/Fugitives
These include group of criminals who have existing records in the police files. If the criminal has
official records in any law-enforcement units’ files, the address of his relatives, friends, and other
acquaintances can be located. These persons could offer description. Background investigation
can be conducted on them to gather more personal data concerning the criminal.
2. Unknown Criminals
Identification of unknown criminals should be conducted discretely (with caution). Available
data or facts as to the appearance/description of the criminals are sometimes vague such ID
process is difficult.
INSTRUMENTATION - – scientific examination of real evidence, application of instruments
and methods of physical sciences in detecting crime. It is the sum total of the application of all
sciences in investigation known as “Criminalistics”.
it is the application of instruments and methods of physical science to the detection of crimes. In
cases where there is no significant physical evidence to be found, then the use of instrumentation
is relatively unimportant.
1. Polygraphy Or Lie Detection Test
2. Police Photography
3. Forensic Chemistry
4. Dactyloscopy Or Personal Identification
5. Questioned Documents Examination
6. Forensic Odontology
7. Forensic Psychology
8. Technology

DNA (DEOXYRIBONUCLEIC ACID) = DNA Fingerprinting is considered to be the ultimate

identification test in the conduct of criminal investigation. It provides 100 percent positive
identification of a suspect whose blood, semen and/or other DNA-bearing body tissues of fluids
were found at the crime scene or with the victim.The discovery in genetics is that no two persons
have the same DNA profile, except the identical twins.
• Samples where DNA can be read:
• Bloodstains
 • Hair roots
• Semen
• Vaginal fluid
• Saliva
The 3 general groups of criminal identification methodologies:
1. Criminalistics methods- scientific methods
2. Methods using Eyewitnesses and Victims
3. Methods using known criminals
CONFESSION DISTINGUISHED FROM ADMISSION
Confession is the declaration of the accused acknowledging his guilt arising from the
commission of a crime. While admission is an acknowledgment of a fact or circumstance
without accepting guilt.
KINDS OF CONFESSION
1. Extra Judicial Confession – Those made by the suspect during custodial investigation.
Simply explained are that those confessions are made outside of the Court.
Sec 3, Rule 133, Rules of Court – Extra judicial confession, not sufficient ground for
conviction: An extra judicial confession made by an accused, shall not be sufficient ground for
conviction, unless corroborated by evidence of corpus delicti (body of the crime.)
Kinds of Extra-Judicial Confession:
1. Voluntary Extra-judicial Confession- The confession is voluntary when the accused
speaks of his free will and accord, without inducement of any kind, with a full and
complete knowledge of the nature and the consequence of the confession.
2. Involuntary Extra-judicial Confession- Confessions obtained through force, threat,
intimidation, duress or anything influencing the voluntary act of the confessor.
2. Judicial Confession – Those made by the accused in open Court. The plea of guilt maybe
during arraignment or any stage of the proceedings where the accused changes his plea of not
guilty to guilty.
Sec. 2, Rule 129, Rules of Court states that “Judicial Admission is made by the party in the
pleadings, or in the course of the trial or other proceedings do not require proof and cannot be
contradicted unless previously shown to have been made through palpable mistake.”
Custodial investigation any questioning initiated by law enforcement officers after the
person has been taken into custody or otherwise deprived of his freedom of action in any
significant way.
The questioning of the suspect or person believed to have been committed a crime after he was
taken into custody.
MIRANDA RIGHTS originated from the American jurisprudence (Miranda vs. Arizona).
THE RIGHTS OF THE ACCUSED DURING CUSTODIAL INVESTIGATION
1. Right to remain silent.
2. Right to counsel of his own choice and if he has none, the government must provide one
for him;
3. Right to be informed of the nature of the charges against him and whatever he says may
be used for or against him.
These rights could be validly waived in writing and with the assistance of Counsel in
order that the ensuing confession be admissible in evidence. The confession must also be in
writing, signed and sworn to by the accused.

Methods of Identification by Witnesses

1. Portrait Parle (Verbal Description)- The success of this method depends on the ability of a
witness to describe the person he saw committing the crime. The witness provides a vivid
description (strong and clear mental picture) or pictorial physical appearance of the criminal. He
may do it by direct description or by comparison.
2. Rogues Gallery(use of photographic files/mug files)- This method is successful if there is an
existing photograph of the perpetrator in the files/gallery of the police or law enforcement
agencies. The witness is invited to the police station and then requested to examine the
photographic files of known criminals. If the situation requires, the modus operandi file maybe
shown also to the eye witness if he/she has knowledge on how the crime was committed. The
witness is instructed to immediately call the attention of the investigator if he finds any strong
similarity or any resemblance of the smallest feature of the face.
3. General Photograph Method- In this method, the investigator shows variety of facial types that
may not necessarily/directly represent the face of the criminal. The photograph is shown to the
witness only represent different features of the face.
4.Cartography (Artist’s Assistance)- The witness and the investigator develop a picture of a
criminal with the help of skilled cartographer. Based on the description provided by the witness,
the artist draws a composite face that approximates the criminal’s face appearance.
5.Cartography (Artist’s Assistance)- The witness and the investigator develop a picture of a
criminal with the help of skilled cartographer. Based on the description provided by the witness,
the artist draws a composite face that approximates the criminal’s face appearance.
6.Physical Show-Up- only one person is shown to the witness usually at the scene of the crime
and made immediately after the arrest of the suspect
Physical Evidence-are articles and materials w/c are found in connection w/ the investigation
and w/c aid in establishing the identity of the perpetrator or the circumstances under w/c the
crime was committed
It may be material left or taken from the scene of a crime by the suspect or victim, or it might be
an impression left in some material
TYPES OF PHYSICAL EVIDENCE
1. Corpus delicti – objects/substances which are essential parts of the body of the crime.
2. Associative evidence – evidence which links the suspect to the crime scene or offense
such as fingerprints & shoe prints.
3. Tracing evidence – article w/c assist the investigation in locating the suspect such as ID
and other personal documents (birth certificate, diary) that may identify the person
concerned.

Circumstantial evidence – Identification is being established indirectly by proving other facts

or circumstances from which, either alone or in connection with other facts. The identity of the
perpetrator can be inferred.
What must be inferred to prove by circumstantial evidence?
1. Motive – is what induces the criminal act
2. Intent – is the result or accomplishment of the act
3. opportunity=- is the physical possibility that the suspect could have committed the crime
It could inferred from the following:
• The suspect have been in the vicinity of the crime scene at the time it was committed.
• Knowledge of the criminal objective
• Absence of an alibi on the part of the criminal

KINDS OF PHYSICAL EVIDENCE

1. Testimonial Evidence – most common form of evidence obtained by interview and
interrogation of which witnesses smell, hear, taste and touch are being described through oral
and written testimony.
2. Documentary Evidence – are writings, including official records, or contents “could speak for
themselves” when read by the investigation and the court. They may be collected through
voluntary relinquishment or by a Subpoena Duces Tecum (court order) which compels the party
to bring the records to the court.
3. Physical/ Real/ Object Evidence – are physical objects used as evidence w/c are obtained
through searches at the scene of the crime. Articles and material found in connection with
investigation, which aid in establishing the identity of the perpetrator.