Module 3 Fundamentals of Investigation and Intelligence

OBE-Based

Fundamentals of
Investigation and
Intelligence

A Course Module for Students

Burauen Community College

For Internal Use Only

Fundamentals of Investigation and Intelligence
A Course Module for Students

Burauen Community College

Prepared by
Cheron O. Reyes, RCrim, MSCJ, CCS
Burauen, Leyte
cheronreyes@gmail.com

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 BCC VISION
Burauen Community College shall emerge as the
premier local public educational institution in
Eastern Visayas which is responsive to the needs of
the community, and develops students to meet the
economic, social, and environmental challenges as
active participants in shaping the world of the
future.

BCC MISSION
Burauen Community College offers holistic and
outcomes-based experiential learning to develop
the youth to be responsible individuals with
integrity and service as agents of equality. It will
serve as a venue for the development of individuals
in the areas of academics, research, community
extension, and innovative technology.

iii
 Fundamentals of Investigation and Intelligence
A Course Module for Students

Burauen Community College

Printed in Burauen, Leyte

© 2021

ALL RIGHTS RESERVED. No part of this publication All rights are

reserved. No part of this publication may be reproduced, stored in a
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send your request to locallcollegebcc@gmail.com or you may visit the institution
for an in-person request.

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 TABLE OF CONTENTS

Vision and Mission iii

Table of Contents v
Preface vi
PRELIM

Module ARREST 2
2

Unit 1 Definition of Arrest 4

General Guidelines 4
Unit 2 Warrant of Arrest 5
Concept of Warrant of Arrest 5
Definition of Warrant of Arrest 6
Probable Cause 6
Period of Warrant of Arrest 7
Duties of an Arresting Officer 8
Unit 3 Warrantless Arrest 10
Visit of Relatives 12
Learning Activity 1 13
Learning Activity 2 14
Assessment 15
References 16
Module SEARCH AND SEIZURE 17
3

Unit 1 Search Warrant 18

Requisites for the issuance of Search Warrant 18
Where to apply for the Search Warrant 19
Validity of Search Warrant 20
Unit 2 Forms of Search Warrant 20
Application for Search Warrant 21
Unit 3 Valid Search and Seizure without Search Warrant 22
The Exclusionary Rule 25
The Inevitable Discovery Exception 26
The Good Faith Exception 26
Learning Activity 1 27
Learning Activity 2 28
References 28

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vi
 Preface

Criminal investigation plays an integral part on law enforcement.

It is an indispensable method by law enforcers in their attempt to seek
out truth surrounding a particular crime. For centuries, it has been
instrumental in delivering justice to those who have fallen prey to the
vicious effects of various criminal activities. As such, this course will
provide an avenue to criminology students, who are aspiring future
law enforcers, to acquire know-how on the basic concepts of criminal
investigation and in conducting basic surveillance. Also, it will help
them prepare in actual investigative works.

All throughout, this course deals with topics on introduction to

criminal investigation including its general history, contemporary, basic
and key principles with emphasis on the difference between interview
and interrogation. Included also are topics on the fundamentals of
arrest, search, seizure and raid operations. To supplement, discussions
on the different classifications of evidence and proper methods of
collecting, marking, tagging and preserving of such is also provided as
well as the various concepts in criminal identification. There are also
discussions regarding proper management of crime scene, how to
conduct crime scene search and different ways in crafting a crime
scene sketch. Lastly, discussion on basic surveillance and concepts of
intelligence has been added since these topics are of essence
specifically in the conduct of criminal investigation.

At the end of the course, the students will be able to conduct a

simulation of crime scene processing while properly observing the
guidelines on collecting, tagging, marking and preservation of evidence
through simulation exercises at home. The students, through
simulation exercise also, will have to apply their knowledge on the
basics of arrest, search and seizure.
MIDTERM:
Arrest, Search and Seizure, Evidence
 2 Arrest

CONTENTS 2nd year students taking up Fundamentals

of Investigation and Intelligence with 75%
UNIT I success:
 DEFINITION OF 1. Define and discuss various concepts of
ARREST arrest through reflective essay.
UNIT II 2. Analyze critically these concepts and
 WARRANT OF be able to apply them in a case
ARREST situational analysis.
UNIT III
 WARANTLESS
ARREST

OUTCOMES
LO2. Develop a critical
understanding on the
fundamental concepts
of arrest, search,
seizure, and evidence by
effectively relating it to
modern criminal justice
issues.
LO3. Propose
recommendations/soluti
ons to present day
criminal justice issues
based on their own
appreciation and
understanding of such
issues, and their
anticipation of future
scenarios.

OBJECTIVES
At the end of the
module, the learning
objectives will be
attained by the BCC

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UNIT 1. DEFINITION issued by a competent authority, except in

OF ARREST instances where the law allows warrantless arrest.
b. No violence or unnecessary force shall be used in
The term ‘arrest’ making an arrest, and the person to be arrested
came from a Latin word shall not be subjected to any greater restraint
‘arrestare’ which means than what is necessary under the circumstances—
“cause to stop” and The use of force is allowed to effect an arrest if the
‘restare’ which means situation so requires but must be within reason.
“stay behind”. This term However, this does not mean that an officer will
was used as early as afford the person to be arrested the opportunity
14th century. Technically for a fair or equal struggle. The successful arrest
speaking, an arrest is of the person is of primordial importance.
the taking of a person Moreover, if a person is unarmed and does not
into custody in order present any threat, it would be illogical to apply
that he/she may be lethal force.
bound to answer for the NOTE: The use of a firearm as self-defense is
commission of an justified only when the officer who so invokes
offense. It is usually faces a real threat to his life, and the peril sought
made by an actual to be avoided must be actual, imminent, and real.
restraint of a person to Unlawful aggression should be present for self-
be arrested or by defense to be considered as a justifying
his/her submission to circumstance. Lastly, the police shall not use
the custody of the warning shots during police intervention
person making the operations.
arrest. In general, an
officer can conduct c. As a general rule, arrests can be made on any day
arrest through the of the week and at any time of the day or night.
following modes: a.) d. Only judges are authorized to issue Warrants of
arrest by virtue of a Arrest.
warrant and b.) arrest e. A Warrant of Arrest is no longer needed if the
without a warrant under accused is already under detention. An Order of
exceptional Commitment is issued by the judge in lieu of the
circumstances as may Warrant of Arrest.
be provided by the f. A warrant of arrest is enforceable only within the
statute (Sec 5, Rule territory of the government or state issuing the
113, Rules of Court). warrant (see illustrative example).
g. In a warrantless arrest based on the commission
of a crime, the crime must have been committed
General Guidelines
within the territory of the government or state
a. All arrests should
whose agents are carrying out the arrest (see
be made only
illustrative example).
based on a valid
h. In an arrest based on a warrant of arrest, it is not
Warrant of Arrest
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essential that the offense committed by Juan.

arresting officer The following are immune from arrest:
has the warrant in (1) Under the 1987 Philippine Constitution, a Senator or
his possession at Member of the House of the Representatives while
the time he Congress is in session for an offense punishable by not
carries out the more than six years of imprisonment (Sec. 11, Art. VI).
Violation of this parliamentary immunity is penalized
arrest. under Article 145, Revised Penal Code. ; and
Illustrative Example (on (2) Diplomatic agents, under the Vienna Convention on
the concept of Diplomatic Relations. Under no circumstances may
territoriality): they be prosecuted for offenses against law and order.
Agent A of the National Any writ or process sued out or prosecuted by any
Bureau of Investigation person in any court of the Republic of the Philippines, or
is on vacation in by any judge or justice, whereby the person of any
Singapore. One night he ambassador or public minister of any foreign state,
chanced upon Mr. Juan authorized and received as such by the President, or of
Dela Cruz who has a any domestic servant of any such ambassador or
standing warrant of minister is arrested or imprisoned, or his goods or
arrest in the Philippines chattels are distrained, seized or attached shall be
for a crime of rape. As deemed void, and every person by whom the same
much as he would like is obtained or prosecuted, whether as a party or
to bring Juan to attorney and every officer concerned in executing it, are
justice, he could not penalized (Section 4,
effect an arrest since R.A. No. 75). Under the generally accepted principles of
the standing warrant of international law, consuls, vice-consuls and other
arrest is enforceable commercial representatives of foreign nations do not
only within the possess the status and cannot claim the privileges and
Philippines. Likewise, immunities accorded to ambassadors and
although littering in communities. Hence, a consul is not exempt from
Singapore is criminal prosecution for violation of the laws of the
considered an offense, country where he resides (Schneckenburger vs. Moran,
Agent A could not invoke 63 Phil. 249).
warrantless arrest
against Juan when he UNIT 2: WARRANT OF ARREST
saw him throw his litter
because the crime Concept
committed is against the But what is a warrant of arrest? Why the need for
Singaporean government a warrant in effecting an arrest? Sec. 1, Article III (Bill
only. Since Agent A is of Rights) of the 1987 Philippine Constitution provides
not an agent-of- that “no person shall be deprived of life, liberty, or
authority of the property without due process of law xxx”. It is in this
Singaporean particular provision where the need for legal grounds in
government, he does not the deprivation of a person’s liberty is emphasized.
have jurisdiction over the Accordingly, one could not be deprived of his liberty for
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trivial reasons and any Probable Cause: Definition

other reasons not within According to Vicente et. al. (2016), probable
the realm of law, thus, cause refers to the evidence that warrants a person of
the need for a warrant reasonable caution in the belief that a crime was
in effecting an arrest. committed. The question of whether ‘probable cause’
Pamaran (2012) added exists or not depends upon the judgment and discretion
that since arrest of the judge or magistrate issuing the warrant. It does
involves curtailment of not mean that particular facts must exist in each
a basic natural right, it particular case. It simply means that sufficient facts
is generally necessary must be presented to the judge or magistrate issuing
that a warrant for the the warrant to convince him, not that the particular
seizure of an individual person has committed the crime, but that there is a
be issued by the proper probable cause to believe that the person sought to be
authority. arrested committed the crime charged (People vs.
Warrant of Arrest: Ocampo, 63 Phil. 121).
Definition Illustrative Example: For instance, A was killed.
Warrant of arrest Upon investigation, Officer Juan dela Cruz discovered
is an order in writing that A & B had physical altercation months before the
issued in the name of incident. He also obtained a CCTV footage showing B
the People of the walking past the house of A moments before he was
Philippines signed by a killed. Moreover, there were statements from witnesses
judge directed to a corroborating that B has been suspiciously going back
peace officer, and forth A’s house and was seen in a hurry carrying a
commanding him/her to bloodstained knife an hour later. Upon presentation of
arrest the person these facts and statements to Judge Cielo, a warrant of
designated and take arrest was issued.
him into the custody of The issuance was done since there are sufficient
the law in order that facts that convinced the judge that A may have
he/she may be bound committed the crime hence, the need for him to be
to answer for the arrested. These facts are a.) altercation between A & B ,
commission of an b.) the CCTV footage and c.) witnesses’ testimony.
offense. It must be
noted that for a warrant NOTE: The judge’s determination as to whether there
of arrest to be valid, it exists probable cause or not after careful appreciation of
must be issued upon proof presented is irrevocable. His conclusion is
probable cause which final and conclusive (People vs. Ocampo, 63 Phil.
may be determined 121). Judges, however, must comply strictly with the
personally by a judge requirements for the issuance of warrants of arrest (
after examination under People vs. Bongo, 55 SCRA 547). This includes the
oath or affirmation of conduct of preliminary examination and if the same was
the complainant and conducted in violation of the rights of the accused, the
the witnesses he may issued warrant of arrest is deemed null and void
produce. (Callanta vs. Enage, 117 SCRA 56).
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it does not contain the name of the defendant or any

It was ruled that a description or designation by which he could be known
warrant of arrest issued and identified as the person sought, it is void (4 Am. Jur.
based only on the 10).
prosecution's findings
and recommendation What about if the identity of the person to be
like the information and arrested is not fully established?
resolution finding a A warrant issued upon an unnamed party is called
probable cause, without John Doe Warrant. It is necessary that the party should
the court determining on be sufficiently identified. Such a warrant must contain
its own the issue of the best description personae of the person to be
probable cause based apprehended; and this description must be sufficient to
on evidence like the indicate the proper person upon whom the warrant is to
complaints, affidavits, be served. It should likewise state his personal
counter-affidavits, sworn circumstances, appearance and peculiarities, give his
statements of occupation and place of residence, and any other
witnesses or transcripts circumstances by means of which he can be identified
of stenographic notes, if (Wharton’s Crim. Procedure, pp. 51-56). Now, a warrant
any, is null and void (Ho which describes the person to be arrested as mere
vs. People, 280 SCRA “John Doe” or “Richard Doe” is void, unless there is a
365). further description of the description personae as will
Lastly, the warrant justify an officer to act under it.
must particularly
describe the person to When an arrest is not necessary?
be seized. It is essential
to the validity of the When the accused voluntarily appears after a complaint
warrant that the person in a criminal action is filed against him, and gives a bond
to be arrested should be for his appearance at any time he may be called, no
identified by the terms arrest is necessary. Voluntary appearance relieves the
of the warrant. necessity for an actual arrest (People vs. Joson, 46 Phil.
Whenever possible, 381).
therefore, the name
and description of the Period of Warrant of Arrest
person to be served The head of the office to whom the warrant of
with a warrant must be arrest has been delivered for implementation shall cause
inserted in it. Where the warrant to be implemented within ten (10) days
the name is unknown, from receipt. Within ten (10) days after the expiration of
the warrant must such period, the police officer (warrant officer: PNP or
contain a description as NBI member who holds a warrant for execution) to
it will enable the officer whom it was assigned for implementation shall make a
to identify the person to report to the judge who issued the warrant and in case
be served (People vs. of his failure to implement the same, shall state the
Veloso, 48 Phil. 169). If reasons thereof (Sec. 4, Rule 113, Rules of Court).
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(Pamaran, 2012). In short, the ten-day period provided

Rationale behind the in the aforementioned section is only a directive to the
10-day Period officer executing the warrant to make a return to the
The purpose of court (People vs. Givera, 349 SCRA 513).
this provision is to Hence, even if not served within the statutory
remedy the problem on period, warrant of arrest remains valid. It remains valid
the indifference of unless a. the warrant was recalled by the issuing
officers in serving court; b. the respondent was already arrested; c.
warrant of arrests thus the respondent voluntarily submitted himself/herself to
leading to delay in the the jurisdiction of the issuing court; or d. the
disposition of criminal respondent died.
cases. This can be Nota Bene: A warrant of arrest has NO expiry
attributed to the former date. It remains valid until an arrest is effected or
rule on the same warrant is lifted.
matter. There was no
provision for a definite Duties of an Arresting Officer
period within which the a. Any police officer making a lawful arrest should
warrant must be take the person arrested without unnecessary delay
executed, nor did the and deliver him/her to the nearest police station or
old rule imposed upon jail to record the fact of the arrest;
the officer tasked with b. In case of warrantless arrest, it is the
the execution of the inherent duty of the arresting officer to
warrant the duty of detain the person/respondent and file the proper
making the information within the specified time as provided
corresponding return under Article 125 (Delay in the delivery of detained
within a definite time persons) of the Revised Penal Code which has been
span and of apprising amended by Executive Order No. 272 on July 25,
the judge of the 1987.
reasons why the 12 hours—for crimes/offenses punishable by light
warrant could not be penalties and their equivalent (arresto menor—1
served if such be the day to 30 days & Public Censure)
fact. 18 hours—for crimes/offenses punishable by
This must be so, correctional penalties and their equivalent (prision
for the return mentioned correccional—6 mos. & 1 day – 6 yrs, arresto
in the section refers not mayor—1 mo. & 1 day- 6 mos., suspension &
to the physical delivery destierro)
of the very same copy 36 hours—for crimes/offenses punishable by
of the process to the afflictive/capital penalties and their equivalent
issuing court, but to the (reclusion perpetua—20 yrs & 1 day – 40 yrs,
report of the officer reclusion temporal—12 yrs & 1 day – 20 yrs,
charged with its perpetual or temporary absolute disqualification,
execution on the action perpetual or temporary special disqualification &
taken by him thereon prision mayor—6 yrs & 1 day
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– 12 yrs). without a warrant, it shall be the duty of the

c. At the time of the arresting officer to inform the person to be arrested
arrest, it shall be of his authority and the cause of the arrest except
the duty of the when he flees or forcibly resists before the arresting
arresting officer to officer has the opportunity to inform him or when
inform the person the giving of such information will imperil the arrest;
arrested of the f. The person arrested, with or without a warrant, shall
cause of the arrest be informed of his constitutional right to remain
and the fact that a silent and that any statement he makes could
warrant had been be used against him. Also, he has the right to
issued for his communicate with his lawyer or his immediate
arrest. The family and the right to a physical examination;
arresting officer g. No torture, force, violence, threat, intimidation, or any
need not have the other means which vitiate the free will shall be used
warrant in his against an arrested person. The bringing of
possession at the arrested persons to secret detention places,
time of the arrest solitary confinement, and the like is prohibited;
but after the arrest, h. If the person arrested without a warrant waives his
if the person right under the provisions of Art 125 (Delay in the
arrested so delivery of detained persons to the proper judicial
requires, the authorities) of the Revised Penal Code, the arresting
warrant shall be officer shall ensure that the former signs a waiver
shown to him as of detention in the presence of his counsel of
soon as possible. choice; and
i. If the person arrested waives his right against self-
d. When women or
incrimination and chooses to give his statement, the
children are among
arresting officer shall ensure that the waiver is
the arrested
made in writing and signed by the person arrested
suspect/s, the
in the presence of a counsel of his own choice or a
arresting officer
competent and independent counsel provided by
shall task the
the government.
Women’s and
Section XVII, Article III (Bill of Rights) provides
Children’s
that “no person shall be compelled to be a witness
Protection Desks
against himself”.
(WCPD) officer or
j. It shall be the duty of the police officer
a policewoman
implementing the Warrant of Arrest to deliver the
who is familiar
arrested person without delay to the nearest Police
with women and
Station.
children protection
desk duties to
Authority of the Arresting Officer when Making an
conduct the pat-
Arrest
down search;
a. A police officer may summon assistance – A police
e. In case of arrest
officer making a lawful arrest may verbally summon
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as many persons as he ARREST

deems necessary to The following are the situations in which a police
assist him in effecting officer or a private person may arrest a person without
the arrest. a warrant based on Rule 113, Sec. 5, Rules of Court.
b. Right of a police
a. When, in his/her presence, the person to be
officer to break into
arrested has committed, is actually committing,
building or enclosure –
or is attempting to commit an offense. According
A police officer in order
to Pamaran (2012), an offense is committed in the
to make an arrest, with
presence or within the view of the person making
or without a warrant,
the arrest when he sees the offense, although at a
may break into a
distance, or hears the disturbances created thereby
building or enclosure
and proceed at once to the scene thereof; or the
where the person to be
offense is continuing, or has been consummated, at
arrested is or is
the time of the arrest is made (U.S. vs Samonte, 16
reasonably believed to
Phil. 516; People vs. Evaristo, 216 SCRA 431).
be, if he is refused
Thus, the arrest is valid when the person arrested
admittance thereto
was caught in flagrante delicto conducting an
after announcing his
illegal cockfight (U.S. vs. Fortaleza, 12 Phil. 472) or
authority and purpose.
when the accused was caught in flagrante selling
c. Right to break out
marijuana (People vs. Caco, 222 SCRA 49).
from building or
Similarly, when the person to be arrested had
enclosure – Whenever
commenced the commission of the crime directly
a police officer has
by overt acts, as when he broke one board and
entered the building or
unfastened in order to gain entry into a building, his
enclosure to make an
arrest without a warrant for attempted trespass to
arrest, he may break out
dwelling is proper (People vs. Lamahang, 61 Phil.
therefrom, when
703). Lately, it was held that subversion being a
necessary, to liberate
continuing offense, the arrest of the accused who is
himself.
a member of the New People's Army without a
d. Arrest after escape
warrant is justified as it can then be said that he
or rescue – If a
was committing an offense when he was arrested
person lawfully
(Umil vs. Ramos 187, SCRA 311). Also, an arrest
arrested escapes or
made after entrapment does not require a warrant
is rescued, any
inasmuch as it is considered a valid warrantless
person may
arrest pursuant to Rule 113, Sec. 5 (a), of the
immediately pursue to
Rules of Court (People vs. Cabacaba, 557 SCRA
retake him without a
483).
warrant at any time and
b. When an offense has in fact just been committed
in any place within the
and he has probable cause to believe based on
Philippines.
personal knowledge of facts or circumstances that
the person to be arrested has committed it.
UNIT 3: (Doctrine of Hot Pursuit).
WARRANTLESS
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Consistent with this c. When the person to be arrested is an escapee. This

provision, the right of arrest without a warrant of arrest under this
Supreme Court provision is founded on the principle that at the time
held the validity of of the arrest, the escapee is in the continuous act of
the warrantless committing a crime, i.e., evasion of service of
arrest of a person sentence (Paraluman vs. Director of Prisons, 22
who was named by SCRA 638). Thus, if a convicted felon escapes from
the victim as his prison, he has no right to demand that he who
assailant just arrests him be armed with a warrant of arrest; a
before he expired convict who evades the service of his sentence,
(People vs. escaping from the surveillance of a policeman or
Malasuqui, 63 Phil. from a penal institution can be arrested, without a
221). The same warrant, not only by an agent of authority but also by
result was reached a private person (Salonga vs. Holland, 76 Phil. 412).
in a case where, The same rule governs the arrest of detention
on the basis of the prisoners who escape from confinement (Valcorza
testimony of two vs. People, 30 SCRA 143).
witnesses, the d. When the right is validly waived.
suspect was e. When an accused who was released on bail
arrested the day attempts to depart from the Philippines without
following the prior permission of the court where the case is
murder (People vs. pending (Sec. 23, Rule 114, Rules of Court).
Mangalus, G. R. f. Arrest following a Deportation Proceeding by the
No. L-10983, May Immigration Commissioner against illegal and
19, 1958). Lastly, undesirable aliens.
there must now g. Violent Insanity
be a large h. Ailment requiring compulsory confinement in a
measure of hospital.
immediacy
between the time
Physical Examination of Arrested Suspect
the offense was
committed and the Before an interrogation, the person arrested shall
time of the arrest. have the right to be informed of his right to demand
If there be an physical examination by an independent and competent
appreciable time doctor of his own choice. If he cannot afford the
lapse between the services of a doctor of his own choice, he shall be
arrest and the provided by the State with a competent and independent
commission of the doctor to conduct a physical examination. If the person
crime, a warrant of arrested is female, she shall be attended to preferably
arrest must be by a female doctor.
secured ( People
vs. del Rosario, Obstruction of attorney’s right, punishable
305 SCRA 740). Under the law, any public officer or employee who

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shall obstruct, prohibit, prison. Also, during the period of detention, the arrested
or otherwise prevent an person’s next-of-kin are fraught with worries about his
attorney entitled to health and safety. Moved by these considerations, the
practice in the courts of framers of the rules thought it wise and fair to give the
the Philippines from relatives of the arrested person the right to visit him at
visiting and conferring any reasonable time of the day and, in urgent cases, of
privately with a person the night, subject, of course, to reasonable regulations
arrested, at any hour of (Pamaran, 2012).
the day in urgent cases,
of the night, said visit
and conference being Glossary
requested by the person Complaint—is a sworn written statement charging a
arrested or by another person with an offense, subscribed by the offended party,
acting in his behalf, any peace officer, or other public officer charged with the
shall be punished by enforcement of the law violated.
arresto mayor (Sec. 1, Consul—is an official representative of the government
R.A. 857). of one state in the territory of another, normally acting
to assist and protect the citizens of the consul's own
Visit of Relatives country, and to facilitate trade and friendship between
the people of the two countries.
A person detained in Description personae-- Lat. “description of the person”.
jail for the By this is meant a word or phrase used merely for the
commission of an purpose of identifying or pointing out the person
offense is generally at intended, and not as an intimation that the language in
a great disadvantage, connection with which it occurs is to apply to him only.
especially where In the official or technical character which might appear
affluent circumstances to be indicated by the word. In wills, it frequently
and influential friends happens, that the word heir is used as a descriptio
are lacking. Owing to personae; it is then a sufficient designation of the
his detention, he can person.
neither by himself post Functus officio—refers to an officer or agency whose
the required bail even if mandate has expired, due to either the arrival of an
he could afford it expiry date or an agency has accomplished the purpose
because he has nobody for which it was created.
to arrange for one; nor Information—is an accusation in writing charging a
engage the services of person with an offense, subscribed by the prosecutor,
a counsel of his choice, and filed with the court.
for he may not have the Pat-down search—it is when a police officer pats down
means to communicate the outer surfaces of a person’s clothing in an attempt to
with him; nor confer with find weapons.
his witnesses who Plain-View Evidence—is unconcealed evidence that is
ordinarily cannot be seen by an officer engaged in a lawful activity.
expected to see him in Search—is an examination of a person, place, or

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vehicle for contraband,

illicit or stolen property,
or some evidence of a
crime to be used in
prosecuting a criminal
action or offense and is,
by its very nature, an
intrusion into one’s
privacy.
Seizure—is taking by
law enforcement or
other government
agents of contraband,
evidence of a crime, or
even a person (via
arrest) into custody.

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Module 2 Fundamentals of Investigation and Intelligence

Learning Activity I. Case Situational Analysis

(5 points each) Excerpt from CNN News

Philippines (Dated April 22, 2020)

“A police officer shot a retired military for allegedly attempting to pull a gun on the
cops at checkpoint in Quezon

City. The victim’s mother, however, claimed her son was suffering from post-traumatic
disorder following his tour of duty during the Marawi siege in 2017. The Quezon City
Police District identified the victim as Winston Ragos, 34. The suspect was identified as
Police Master Sergeant Daniel Florendo, Jr. who was assigned with Fairview Police
Station 5. A police report said that at about 2:30 pm of April 21, Florendo and four
police trainees from the Highway Patrol Group were manning the checkpoint along
Maligaya Drive in Brgy. Pasong Putik, when Ragos approached the policemen and
started shouting and intimidating them. The police officers asked Ramos to go home as
he was violating the enhanced community quarantine, but the victim allegedly
attempted to pull out a .38 caliber handgun from his sling bag which prompted the
suspect to shoot Ragos, the report said.

In a CCTV footage, nearby residents can be seen trying to stop the police from
shooting the victim. “Sabi ko, ‘Sir, may tama na ‘yan, wag niyo patulan.’ So sabi ng isang
pulis…’Wag kayo makialam, wala akong pakialam. Papatayin namin

‘yan,” a witness told CNN Philippines, who asked not to be named. However, another
witness said the victim did not have a gun inside his bag, after the police checked it and
found that it only carried his quarantine pass.

The victim was rushed to the Commonwealth Hospital, where he was declared
dead. Merlyn, the victim’s mother, said her son was a member of the Armed Force of the
Philippines who retired early due to his post-traumatic stress disorder following his
assignment in Marawi City.

“Continuous po ang gamot nya," the mother told CNN Philippines. "Sometimes, di
siya nakakainom dahil ayaw niya. Kapag successive na hindi nakakainom, doon nati-
trigger." But the mother noted that her son never dared to hurt anyone despite his
disorder. QCPD said Florendo will face criminal and administrative investigation after he
voluntarily surrendered himself to higher authorities.
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Module 2 Fundamentals of Investigation and Intelligence

a. Taking into consideration all the circumstances, as stated in the news, is the
suspect right in his decision to shoot the victim? Justify your answer using
the concept of “self-defense”.
b. Should it have helped if the approach used by the police officers is non-
confrontational? Give your reason.
c. Make a proposal/recommendation on how to avoid the occurrence of the same
nature in the future.

Learning Activity 2: Personal Reflection (5 points each)

Answer the following questions below. Accomplish this in at least 5 sentences, maximum
of 10 sentences.
1. What is the rationale behind the 10-day statutory period in serving a warrant of
arrest?
2. Explain the concept as to why warrant of arrest is issued before arresting a person.

15 Reyes ‖ Fundamentals of Investigation and Intelligence

Assessment
Multiple Choices. Select the best answer which corresponds to the letter of your answer.

1. When is an arrest made?

a. Weekdays c. Week Ends

b. Anytime during weekdays d. On any day and at any time of the day or night
2. As used in law language, “deliver the arrested person to proper judicial authority,” is
physical delivery of the accused necessary?

a. No c. Yes
b. True c. False
3. During the arrest, it shall be the primary duty of the arresting officer to .

a. Use necessary force c. Inform the suspect’s cause of arrest

b. Use a method of restraint d. Deliver suspect to a proper judicial authority
4. In making the arrest, the use of deadly force is justifiable if is present.

a. Resistance c. No resistance
b. A threat to officer's life d. Reasonable force
5. Even if not served within the statutory period, a warrant of arrest remains valid
EXCEPT.

a. The issuing court lifted the warrant

b. The respondent died

c. The respondent voluntarily submitted himself/herself to the jurisdiction of the
issuing court.
d. The respondent is an escapee.

References
Books
Module 2 Fundamentals of Investigation and Intelligence

Dutelle, A. & Becker, R. (2019). Criminal investigation (5th ed.). Burlington, MA: Jones and
Bartlett Learning, LLC Hess, K. M., Orthmann, C. H., & Cho, H. L. (2017). Criminal
investigation,11th ed. Boston: Cengage Learning.
Muftuoglu, E. G. (2017). Fundamentals of criminal investigation (2nd ed.). Quezon
City: Chapter House Publishing Incorporated.
Pamaran, R. (2012). Revised Rules of Criminal Procedure (Annotated). Quezon City: Central
Book Supply, Inc.

Vicente, J. B., Eduardo, J. P., Catalino, M. G., Estoque, S. B., & Vicente, R. M. B. (2016).
Fundamentals of criminal investigation, 2nd ed. Quezon City: Wiseman’s Book Trading,
Inc.

Other Sources
Republic Act No. 75. An Act to Penalize Acts Which Would Impair the Proper Observance
by the Republic and Inhabitants of the Philippines of the Immunities, Right,
and Privileges of Duly Accredited Foreign Diplomatic and Consular Agents in the
Philippines
Revised Philippine National Police Operational
Procedures Revised Rules of Court

17 Reyes ‖ Fundamentals of Investigation and Intelligence

 3 Search and Seizure

CONTENTS

UNIT I
 SEARCH WARRANT
UNIT II
 FORMS OF SEARCH WARRANT
UNIT III
 WARANTLESS ARREST

OUTCOMES
LO4 Develop a critical understanding on the fundamental concepts of
arrest, search, seizure, and evidence by effectively relating it to
modern criminal justice issues.

OBJECTIVES
At the end of the module, the learning objectives will be
attained by the BCC 2nd year students taking up Fundamentals
of Investigation and Intelligence with 75% success:
1. Discuss the fundamental concepts in the conduct of search and
seizure.
2. Examine the technicalities of search and seizure.
3. Identify common problems associated in the conduct of search
and seizure.
 Fundamentals of Investigation and
Module 3 Intelligence

Unit 1 : Search shall d.) particularly describe the place to

Warrant be searched and the things to be seized
which may be anywhere in the Philippines.
What is Search
Warrant? Explanation on the Requisites for the
A search Issuance of Search Warrant (in exact
warrant is a order)
written order, a. In connection with the subject of
signed by a judge, search warrants, probable cause has
directing a law been defined as such reasons,
enforcement supported by facts and circumstances,
officer to conduct as will warrant a cautious man in the
a search of a belief that his action and the means
person or taken in prosecuting it are legally just
property and seize and proper.
property specified b. Also, a search warrant issued for "illegal
in the warrant. traffic of narcotics and contraband" is
fatally defective. The latter is a generic
Search and term covering all goods exported from
Seizure: or imported into the country contrary to
Requisites for applicable statutes. Necessarily then,
the Issuance of more than one offense could arise from
Search Warrant the activity designated as illegal traffic
A search of narcotics and contraband. Lastly, in
warrant shall be the recent case of Dizon vs. Hon.
issued only a.) Castro, supra, the Supreme Court
upon probable nullified a search warrant issued for two
cause b.) in offenses, namely, violation of R.A. No.
connection with 1700, as amended and PD No. 33.
one specific c. Pamaran (2012) mentioned that as the
offense c.) to be Supreme Court tersely puts it, “a search
determined warrant must conform strictly to the
personally by the requirements of the constitutional and
judge after statutory provisions under which it was
examination issued. Otherwise, it is void”. The privacy
under oath or of a person must not be disturbed
affirmation of the except in case of an overriding social
complainant and need.
the witnesses d. The Organic Act requires a particular
presented. The description of the place to be searched,
search warrant and the persons or things to be seized

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 Fundamentals of Investigation and
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The evident 1. For compelling reasons stated in the

purpose and application, any court within the
intent of this judicial region where the crime was
requirement is committed if the place of the
to limit the commission of the crime is known, or
things to be any court within the judicial region
seized to where the warrant shall be enforced;
those, and and
only those, 2. However, if the criminal action has
particularly already been filed, the application
described in shall only be made in the court
the search where the criminal action is pending.
warrant,
leaving the The following properties may be the
officers of the objects of a search warrant:
law no (1) Properties which are the subject of the
discretion offense;
regarding (2) Stolen, embezzled proceeds, or fruits of
what articles the offense; and
they shall (3) Objects including weapons, equipment,
seize, to the and other items used or intended to be
end that used as the means of committing an
unreasonable offense.
searches and
seizures may Explanation:
not be made Search warrants have heretofore been
and that allowed to search for stolen goods, for
abuses may goods supposed to have been smuggled
not be into the country in violation of the revenue
committed. laws, for implements of gaming or
counterfeiting, for lottery tickets or prohibited
Where to Apply liquors kept for sale or circulation, and for
for the Search powder or other explosive and dangerous
Warrant? materials so kept as to endanger the public
1. To any court safety. Similarly, fraudulent books of
within accounts, invoices, and records kept and
whose maintained in violation of internal revenue
territorial laws, as well as the documents, receipts,
jurisdiction a and promissory notes used in the
crime was commission of usury, may be seized by
committed; virtue of a search warrant. Likewise subject

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 Fundamentals of Investigation and
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to seizure are shall be valid for ten (10) days from the
articles that are date of issuance and may be served at any
contraband and day within the said period. Thereafter, it
whose ownership shall be void.
or possession is b.If in the implementation of the search
not permitted. warrant, its object or purpose cannot be
accomplished in one day, the search can
NOTE: Objects be continued the following day, or days,
that are illegal per until completed, provided it is still within the
se, even if not ten (10)- day validity period of the search
particularly warrant.
described in the c.If the object or purpose of the search
search warrant, warrant cannot be accomplished within the
may be seized ten (10)-day validity period, the
under the plain responsible police officer conducting the
view doctrine. search must file, before the issuing court,
Illustrative an application for the extension of the
Example: The validity period of the said search warrant.
raiding team
stormed the room Explanation:
of Joshua and A search warrant can be used only
found what they once; thereafter it becomes functus oficio.
were looking for, It cannot be used every day for ten days, or
high- caliber for a different purpose each day, and after
firearms. the articles for which the warrant was
Incidentally, they issued have been seized, the same warrant
were able to cannot be used as authority to make
recover illegal another search. This rule, however, does not
drugs also. apply where the search was not completed
Although not in one day and had to be continued the
particularly following day, and the owner of the place
described in the being searched was so made to understand;
search warrant, the warrant remains good authority for the
these drugs can continuation of the search proceedings,
be seized since there being technically only one continuous
they are search.
inherently illegal.
Unit 2: Form of Search Warrant
Validity of The search warrant must be in writing and
Search Warrant must contain such particulars as to the
a.The warrant
name of the person against whom it is

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 Fundamentals of Investigation and
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directed, the search warrant shall be approved for filing

offense for which by the Chief of Office. The application shall
it was issued, the indicate the following data:
place to be a. office applying for the search
searched and the warrant; b. name of officer-applicant;
specific things to c. name of the subject, if known;
be seized. d.address/place(s) to be searched; e.
Likewise, it must specific statement of things/articles to be
contain a directive seized; and f. sketch of the place to be
to law searched.
enforcement All approved applications shall be
officers to search recorded in a logbook, duly maintained for
the place therein the purpose, indicating the name of the
unequivocally applicant, name of the respondent, nature of
identified, and to the offense, and date of the application
seize the person (Muftuoglu, 2017).
or things therein
specifically Authority of Police Officers when
described, and to Conducting Search
bring them to the In the conduct of search, if after giving
court. The warrant notice of his purpose and authority, the
must bear the police officer is refused admittance to the
signature if the place of search, he may break open any
judge issuing it outer or inner door or window or any part of
(Pamaran, 2012). a house or anything therein to implement
Time of Search the warrant or liberate himself or any
The warrant person lawfully aiding him when unlawfully
should be served detained therein.
during the Prohibited Acts in the Conduct of
daytime unless Search by Virtue of a Search Warrant
there is a a. Houses, rooms, or other
provision in the premises shall not be searched except
warrant allowing in the presence of the lawful occupant
service at any thereof or any member of his family or, in
time of the day or the absence of the latter, in the presence
night. of two (2) witnesses of sufficient age and
discretion residing in the same locality.
Applications for b. Lawful personal properties,
Search Warrant papers, and other valuables not
All specifically indicated or particularly
applications for a described in the search warrant shall not

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 Fundamentals of Investigation and
Module 3 Intelligence

be taken. jurisdiction over the place searched; and

d. The police officer must forthwith deliver
Inventory and the property seized to the judge who
Delivery of issued the warrant, together with an
Property Seized inventory thereof, duly verified under oath.
a. The police
officer who Disposition of illegally seized property
confiscates The illegality of the search warrant
property under does not call for the return of the things
the warrant shall seized, the possession of which is
issue a detailed prohibited by law. This is the established
receipt of doctrine in this jurisdiction. Hence, it was
property seized ruled that the defendant is not entitled for
to the lawful the return of the opium and paraphernalia
occupant of the which were found and seized under a
premises, or in defective warrant; or of a “paltik”,
the absence of ammunitions and hand grenade seized from
such occupant, him; or those things or effects which
shall do so in the constitute the corpus delicti of a crime
presence of at committed by him.
least two (2)
witnesses of Valid Search and Seizures Without
sufficient age Search Warrant
and discretion
residing in the
same locality; a. Search made incidental to a valid arrest.
b. The receipt shall The right to search includes in both
likewise include instances that of searching the person of
items seized him who is arrested, in order to find and
under the Plain seize things connected with the crime as
View Doctrine; its fruits or the means by which it was
c. The police committed. It is also a general rule that,
officer must then as an incident of an arrest, the place or
leave a receipt in premises where the arrest was made can
the place in also be searched without a search
which he found warrant (Pamaran, 2012). In People vs.
the seized Ang Chung Kit, 251 SCRA 663, the
property and a Supreme Court reiterates the doctrine "that
duplicate copy warrantless search and seizure as an
thereof with any incident to a suspect's lawful arrest may
barangay official extend beyond the person of the one
having
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 Fundamentals of Investigation and
Module 3 Intelligence

arrested to out of the locality or jurisdiction in which

include the the search warrant must be sought before
premises or such warrant can be secured; hence, it is
surrounding not practicable to require a search warrant
under his before such search or seizure can be
immediate constitutionally effected.
control." But Pamaran (2012) added that with
where the regards to the search of moving vehicles,
accused were this had been justified on the ground that
lawfully arrested the mobility of motor vehicle makes it
in Room 504 of a possible for the vehicle to move out of the
hotel and a locality or jurisdiction in which the warrant
warrantless must be sought. This in no way, however,
search was gives the police officers unlimited discretion
conducted in to conduct warrantless searches of
Room 413, the automobiles in the absence of probable
search is illegal cause. It has been held that searches and
and the evidence seizures without a warrant are valid if made
obtained cannot upon a probable cause, that is, upon a
be admitted belief, reasonably arising out of
against the circumstances known to the seizing officer
accused. that an automobile or other vehicle contains
that which by the law is subject to seizure
b. Search of and destruction. On this score, it has been
moving vehicles. held that “searches conducted in
Search and checkpoints are valid for as long as they are
seizure without warranted by the exigencies of public order
search warrant of and are conducted in a way least intrusive
vessels and to motorists. For as long as the vehicle is
aircrafts for neither searched nor its occupants
violation of the subjected to a body search, and the
customs laws inspection of the vehicle is limited to a
have been the visual search, said routine checks cannot be
traditional regarded as violative of an individual’s right
exceptions to the against unreasonable search”.
constitutional c. Seizure of Evidence in Plain View. Any
requirement of a object in the plain view is subject to
search warrant, seizure and may be introduced as
because the evidence. Generally, it does not constitute
vessel can be a search merely to observe what is in
quickly moved plain view. Thus, objects falling in the plain

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 Fundamentals of Investigation and
Module 3 Intelligence

view of a police the automobile, no search has occurred,

officer who has a and thus there has been no violation of the
right to be in a constitutional immunity. Also, it does not
position to have constitute a search for an officer, who has
that view are not stopped a car for a safety inspection, to
the product of a observe a kilo of marijuana in the glove
search, are compartment which has been opened by
subject to the driver to retrieve his registration
seizure and may certificate at the officer's request.
be introduced in
evidence. No Requirements under the Plain View Doctrine
search occurs are:
where a police (1) The police officer must have prior
officer merely justification for an intrusion or, otherwise,
walks into a must be in a position from which he can
public place, such view a particular area;
as a store open (2) The discovery of the evidence in
to the public, and plain view is unintentional; or
observes (3) It is immediately apparent to the
whatever is in police officer that the item he
plain sight. observes may be evidence of a
Similarly, a crime, contraband, or is a valid subject
vehicle's exterior of seizure.
and much of its d. When there is a waiver of the right or
interior are within there is consented search. Officers can
the plain view of conduct a search warrant under certain
the casual or circumstances, one of which occurs when
purposeful consent to search is given. And as with a
onlooker, and search warrant, searches conducted with
these are not consent have limitations. First, officers
protected from must convey a genuine request for
searching eyes. permission to search, not simply state that
So, where the they would like to conduct a search. Then,
police officers consent to search must be given freely
approaching an and not in response to an officer’s claim
automobile to of lawful authority or to a request phrased
make arrest as a command or threat. A genuine
observe items in affirmative reply must also be given; a
plain view in the simple nodding of the head or opening of a
passenger door is not sufficient. Silence is not
compartment of consent (Means and McDonald, 2010).

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 Fundamentals of Investigation and
Module 3 Intelligence

e. Searches Under reasonable inquiries and where nothing in

Stop and Frisk the initial stage of the encounter serves to
Rule. This "stop dispel his reasonable fear for his own or
and frisk" theory other's safety, he is entitled for the
is a "limited protection of himself and others in the area
protective search to conduct a carefully limited search of the
of outer clothing outer clothing of such persons in an
for a weapon" as attempt to discover weapons which might
laid down in Terry be used to assault him. Under this theory,
v. Ohio, 392 US probable cause is not required to conduct a
1, 88 S. Ct. City, "stop and frisk" but nevertheless mere
1868 20 L. Ed. suspicion or a hunch will not validate a
889 (1968) "stop and frisk." "A genuine reason must
which is quoted exist, in light of the police's experience and
in Malacat v. surrounding condition, to warrant the belief
Court of Appeals, that the person detained has weapons
283 SCRA 159. concealed about him"(Pamaran, 2012).
It was held in
that case that f. Emergency and Exigent Circumstances.
where a police This is best illustrated in the case of People
officer observes vs De Gracia, 233 SCRA 716, where it was
unusual conduct shown that there was prevailing general
which leads him chaos and disorder because of an ongoing
reasonably to coup and the raid of the office or building
conclude in the was precipitated by an intelligence report
light of his that said office was being used as
experience that headquarters by the RAM; also, the
criminal activity surveillance team before the raid was fired
may be afoot and upon by the group of men coming from
that a person the said office and the raiding team have
with whom he is no opportunity to apply and secure search
dealing may be warrant as the court then was closed.
armed and There was, therefore, such urgency and
presently exigency of the moment for which a search
dangerous where warrant could lawfully be dispensed with
in the course of (Pamaran, 2012).
investigating this
behavior he g. Tipped Information. If the police officers
identifies himself have reasonable grounds to believe that
as a policeman the subjects are engaged in illegal activities,
and makes the tipped information is sufficient to

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 Fundamentals of Investigation and
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provide probable hence, the inevitable discovery doctrine and

cause to effect a the good-faith doctrine (Hess, Orthmann &
warrantless Cho, 2017).
search and
seizure. The Inevitable Discovery Exception
In an effort to ameliorate the impact
The of the exclusionary rule, the court
Exclusionary suggested the inevitable discovery doctrine
Rule in the 1984 case of Nix vs. Williams. Simply
This affects stated, the doctrine allows derivative
illegally-seized evidence that would generally be considered
evidence as well inadmissible under the fruit of the
as evidence poisonous tree doctrine be admitted if the
obtained as a evidence would have been discovered
result of the anyway, even without the illegally obtained
illegally seized evidence. To do so, the State must prove
evidence, through police testimony that the evidence
commonly would have been discovered anyway via
referred to as the legal means.
"fruit of the
poisonous tree". The Good Faith Exception
The fruit of the
poisonous tree The most significant exception to the
doctrine exclusionary rule is the good-faith exception
established that which resulted from the U.S. Supreme
evidence obtained Court’s decision in United States v. Leon.
as a result of an Accordingly, evidence obtained by officers
earlier illegality acting in reasonable reliance on a search
must be excluded warrant issued by a neutral and detached
from the trial. The magistrate, even if the warrant is ultimately
exclusionary rule found to be invalid can be introduced as
may seem to evidence on trial (Dutelle & Becker, 2019).
favor criminals at
the expense of law
enforcement, but
this was not the
Court's intent. The
Court recognized
that important
exceptions to that
rule might occur

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 Fundamentals of Investigation and
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Learning Activity 1. Case Situational Analysis (10 points)

Excerpt from Rappler News (Dated Nov. 5, 2016)

“Rolando Espinosa Sr., the mayor of Albuera, Leyte who was

being linked to the drug trade, was killed early Saturday, November
5, inside his jail cell in a reported shootout with personnel from
the Criminal Investigation and Detective Group (CIDG). The CIDG
was trying to serve a search warrant for Espinosa in connection with
illegal possession of firearms inside his cell at Leyte Sub-Provincial
Jail in Baybay City.
Espinosa and another detainee named Raul Yap, who was also
being served a warrant for violation of the Comprehensive Dangerous
Drug Act of 2002, reportedly resisted arrest during the operation,
which occurred at 4 am. A firefight ensued between the arresting
authorities and the two inmates, which resulted in the detainees’
deaths, according to the initial police report.
Crime scene investigators said they recovered one caliber
Super .38 and a magazine with live ammunition from Espinosa’s cell
and one caliber .45 and a magazine with live ammunition from Yap’s
cell. They also found one sachet of suspected shabu and drug
paraphernalia in Espinosa’s cell. In Yap’s cell, meanwhile, police
found 10 big sachets of shabu; 5 medium sachets of shabu; 27n
packs of suspected dried marijuana leaves; and drug paraphernalia.
“As a matter of procedure, this incident will undergo
investigation to establish the facts and circumstances
surrounding the incident,” the Philippine National Police (PNP) said in a
news release.
The CIDG and the Regional Internal Affairs Service 8 will
conduct separate probes into the incident. Philippine National Police
chief Director General Ronald Dela Rosa said he had ordered an
investigation of the incident and vowed to punish any police officer
found to have committed lapses during the operation, according to an

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 Fundamentals of Investigation and
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ABS-CBN report.”

 Taking into consideration the concept on the issuance of search

warrant, can we say that there has been an irregularity on the
given scenario? Why or why not?

Learning Activity 2: Personal Reflection (5 points each)

Answer the following questions below. Accomplish this in at least 5

sentences, maximum of 10 sentences.
1. What is exclusionary rule and how is it relevant to
guaranteeing the constitutional rights of every person against
unreasonable searches and seizures?
2. Why is conducting pat-down search relevant in effecting
arrests?

References:
Books
Dutelle, A. & Becker, R. (2019). Criminal investigation (5th ed.).
Burlington, MA: Jones and Bartlett Learning, LLC Hess, K. M.,
Orthmann, C. H., & Cho, H. L. (2017). Criminal investigation,11th ed.
Boston: Cengage Learning.

Muftuoglu, E. G. (2017). Fundamentals of criminal investigation

(2nd ed.). Quezon City: Chapter House Publishing
Incorporated.

Pamaran, R. (2012). Revised Rules of Criminal Procedure (Annotated).

Quezon City: Central Book Supply, Inc.

Vicente, J. B., Eduardo, J. P., Catalino, M. G., Estoque, S. B., &

Vicente, R. M. B. (2016). Fundamentals of criminal investigation, 2nd ed.
Quezon City: Wiseman’s Book Trading, Inc.
Other Sources
Republic Act No. 75. An Act to Penalize Acts Which Would Impair the
Proper Observance by the Republic and Inhabitants of the
19 Reyes ‖ Fundamentals of Investigation and Intelligence
 Fundamentals of Investigation and
Module 3 Intelligence

Philippines of the Immunities, Right, and Privileges of Duly

Accredited Foreign Diplomatic and Consular Agents in the
Philippines
Revised Philippine National
Police Operational
Procedures Revised Rules
of Court

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Fundamentals of Investigation and Intelligence ‖ 14