CDI6 TECHNICAL ENGLISH 2: LEGAL FORMS

CHAPTER 1: INVESTIGATIVE REPORT WRITING

Investigation Report - is an objective statement of the investigator’s findings. It is an official record of

the information relevant to the investigation which the investigator submits to his superior.

Record – The reports provide a permanent official record of the relevant information obtained in the
course if the investigation.

Leads – The reports provide other investigators with information necessary to further advance their own
investigation.

Prosecution Action – The report is a statement of facts on which designated authorities may base a
criminal, corrective or disciplinary action.

Requisites of a Good Investigation Report:

a. Accuracy – The report should be a true representation of the facts to the best of the
investigator’s ability. Information both favorable and unfavorable to the suspect should be
included. Information should be verified by statements of other witnesses and by reference to
official records or to other reliable sources.

b. Completeness – The question of “WHEN,” “WHO,” “WHAT,” “WHERE,” “WHY,” and “HOW?”
should be answered. The elements of the crime should be established, and the additional facts
developed should tend to prove these elements. The report should be documented by
apprehending important statements/ letters, findings of other agencies, and laboratory reports.

c. Brevity – irrelevant or unnecessary materials should be omitted.

d. Fairness – the investigator should take the facts as he finds them, and if ever he has theories,
it must be consistent with these facts.

e. Form and Style – The arrangement of the materials presented should be in a manner which
will make the report easy to read. Form includes proper paragraphing, underscoring,
capitalization, and heading. The report should be written in the third person, the investigator
referring to himself as the “investigator.”

f. Prompt – The report must be completed in a timely manner. Your credibility may be opened
to speculation if this rule is not followed.

CHAPTER 2: OTHER REPORTS PREPARED BY THE INVESTIGATOR

Informal Reports - It is usually a letter or memorandum, or any of one of the many prescribed in day-
today police operations. It customarily carries three items besides the text proper, i.e., date submitted,
and persons or person to whom submitted.

Formal Reports - A formal report suggests the full-dress treatment, including the cover, title page, letter
of transmittal, summary sheet, text, appendices, and perhaps an index and bibliography.

Police Reports are also classified according to purpose:

 Performance Report - It contains information as to the status of an activity or operation.

Fact-finding Report - It involves the gathering and presentation of data in logical order, without
attempt to draw conclusions.

Technical Report - It presents data on a specialized subject.

Problem-determining Report - It attempts to find out the causes of a problem or to find out
whether or not a problem really exists.

Problem-solution Report - It analyzes the thought process that lies behind the solution of a
particular problem.

CATEGORIES OF POLICE REPORTS:

Operational Reports - Include those relating to the reporting of police incidents, investigations, arrests,
identification of persons, and miscellaneous reports necessary to the conduct of routing operations.

Internal Reports - Relate to the reporting necessary to the management of the police organization and
include financial reports, personnel reports, purchase reports, equipment reports, property
maintenance reports, and general correspondence.

Technical Reports - Present data on any specialized subject, but usually related to completed staff work,
and add to the specific knowledge necessary to proper management.

Summary-of-information - Furnish intelligence information necessary to the solution of crimes,

accidents, and police administrative problems.

OTHER REPORTS TO BE PREPARED BY THE INVESTIGATOR:

Spot Report - It refers to an immediate initial investigative or incident report addressed to the Higher
Headquarters pertaining to the commission of the crime, occurrence of natural or man-made disaster or
unusual incidents involving loss of lives and damage to properties.

After Operation Report - It may be rendered after any successful police operation that yield to the
arrest of any member or some members of a syndicated crime group.

After SOCO Report - It is rendered by the Team Leader of the SOCO who conducted the scene of the
crime operations, processing or investigation.

Case Operation Plan (COPLAN) Report - It refers to a preparatory plan on how to carry out a case
operation. Case operations refer to a definite target-specific activity conducted in relation to an
intelligence project under which it is put into effect.

Summary of Information (SOI) - It is an intelligence report rendered regarding any illegal activity or
violation of laws being observed by intelligence operatives within a given area of responsibility.

Coordination Report - It is used as a means of formal coordination to be made by the investigating

agency with the police unit or military unit having operational jurisdiction over the place where a police
case operation shall be conducted.
Background Investigation Report - This intelligence report is very important in rendering the result of a
background investigation on any newly designated or appointed or assigned personnel of a uniformed
unit.

OTHER TYPES OF POLICE REPORTS:

Spot Reports - A spot report is done after an important incident occurs in a certain area at a given time.

Special Reports - Special reports are done either because one feels he has some reporting to do, or
lower police unit or office is obligated based on the directive or an instruction from the higher offices.

Progress Report - A progress report has a follow-up effect.

Investigation Reports - In criminal investigations, the arrangement of the material presented in an

investigation report follows a certain pattern. The idea is for the report to be easily read. Beat Inspection
Report or After-Patrol Reports Beat inspection report is one of the most common forms of written
communications. It is submitted daily by the duty beat supervisor.

Situation Reports (SITREP) - The situation report is similar to the patrol report. Both are submitted every
eight hours. However, while the patrol report is done on a regular basis daily, the SITREP is done on a
need-only basis.

Formal Report - Essentially, a formal report is a presentation of facts or ideas.

CHAPTER 3: POLICE RECORDS MANAGEMENT

Record - is oral or written evidence that have been gathered or collected for decision making.

Records - refer to all papers, books, book maps, and photographs or other documentary materials
regardless of physical form or characteristics, made or received by law enforcement agency in
pursuance of its legal.

Records Management - is a function of administrative management, business operations and education

concerned with the creation (forms, reports, correspondence and directives), protection (housing and
disaster insurance), retention (inventories, schedule and center operations), retrieval (duplication and
location of information) preservation (history/archives) of records and records information required for
the continuance of government, business and industry operations at cost consistent with the services
involved.

Records Center - is facility, sometimes specially designed and constructed for the low-cost and efficient
storage and furnishing or reference service on semi-current/non -current records with suitable
protection pending their ultimate disposition.

Records Office - is the local point of the agency where records are received, released and maintained for
future use.

Records Custodian - is a qualified officer who shall coordinate across the department lines on their
records activities and shall have the responsibility and control of all the records holding of the agency in
her/his possession.
File - is a folder containing records.

Coding System - is used to speed the sorting and filing of records.

Retention Period - is the specific period of time established and approved by competent authority after
which a given set of files is deemed ready to permanent storage of destruction.

Indexing Records - is the act of determining the subject of subjects, which may be the names of
individuals, names of functions, or names of topics under which the records are to be filed and cross-
referred according to an established plan for files.

Types of Police Records

Case Records - composed of two categories.

 Complaint/Assignment Sheet - which reflects all information regarding complaints and

reports received by the police from citizens and other agencies, or actions initiated by the
police.
 Investigation Report - which contains the findings and action taken by the investigating
officer based on inquiries made and by obtaining the available facts of the incident.

Arrest and Booking Records – This record maintains the arrest and jail booking report which is required
for all persons arrested. It is made in full on each person arrested. It shall bear an arrest number for
each arrest made.

Identification Record - It is the third major division of police records. Fingerprint records are the heart of
any identification system.

Administrative Records - These are records required in the management of the department's personnel
and designed to aid in assignments, promotion and disciplinary action.

Miscellaneous Records - These are records which are not related to recorded complaints and
investigation reports but are informational in character.

Class Records It is the heart of any police records system. It is the basis for an analysis of offenses and
the methods by which they are committed.

Arrest and Booking Records These reports are required for all persons arrested.

Identification Records The various identification records for the identification of criminals and other
individuals now extensively used in police departments shall include the following: Fingerprint Record..

CHAPTER 4: BASIC NUMBERING SYSTEM OF POLICE REPORTS

Case Report Numbers - it is the primary control number for all police reports; it should be issued at the
time a complaint or call is received by the department, maintained through completion of the case, and
thereafter. It should be assigned by the dispatcher to traffic accidents as well as crimes and non-criminal
incidents and noted on all materials relevant to each case.
Arrest numbers (sometimes known as central booking numbers) are issued to persons actually arrested
and booked. Because the arrest report file is controlled by the same methods as the case report file, all
arrest numbers should be issued by the dispatcher or by the arrest and personal identification unit of
the records element through the dispatcher. Control and audit responsibility should be outside the field
operations elements and the detention staff. Arrest reports should be made out by the arresting officer
immediately following an arrest. The arrest number, as well as the case report number should be
marked clearly on the report; a person should receive a new number each time he is arrested, regardless
of the charges or circumstances.

Personal Identification Number - when an arrested person is fingerprinted or photographed, a third

number, known as personal identification number should be issued from an identification number
ledger. This number is issued only once to an individual regardless of the number of times he is arrested.
This number should be issued by the arrest and personal identification service detail.

CHAPTER 5: AFFIDAVIT OF ARRESTING OFFICERS, COMPLAINT, AND WITNESS

Affidavit - is a written statement of facts voluntarily made by an affiant under an oath or affirmation
administered by a person authorized to do so by law.

Complaint - is a sworn written statement charging a person with an offense, subscribed by the offended
party, any peace officer, or other public officer charged with the enforcement of the law violated.

Witnesses - all persons who can perceive, and perceiving, can make their known perception to others,
may be witnesses. The most common form of evidence is the testimony of witnesses.

Testimony - evidence given by a competent witness under oath or affirmation, as distinguished from
evidence derived from writing and other sources.

CHAPTER 6: APPLICATION FOR SEARCH WARRANT, COMPLAINT, AND DEPOSITION OF WITNESS

Deposition - is one of the modes of discovery available to the parties to a case as a means of informing
themselves of all the relevant facts. The deposition may be taken by oral testimony or by written
interrogatories, as directed by the court.

The depositions are of two kinds:

1. Depositions de bene esse: one filed after a case has already been filed in court, i.e to
preserve testimony in danger of being lost before the witness can be examined in court
2. Depositions perpetuam rei memoriam: one taken in anticipation of a case not yet filed
in court

SEARCH AND SEIZURE

Search warrant - 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 bring it before the court.
Probable cause in filing of an information - Facts and circumstances that would engender a well-
grounded belief that a crime has been committed and the person to be charged is probably guilty
thereof.

Probable cause in the issuance of a search warrant - Facts and circumstances that would lead a
reasonable discreet and prudent man to believe that there has been a crime committed and the things
and objects connected to the crime committed are in the place to be searched.

Probable cause in the issuance of a warrant of arrest - Facts and circumstances that would engender a
well-grounded belief that a crime has been committed and the person to be arrested committed it.

CHAPTER 7: MEMO FOR PRELIMINARY INVESTIGATION, MOTION FOR RECONSIDERATION, AND

NOTICE OF APPEAL.

A preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground

to engender a well-founded belief that a crime has been committed and the respondent is probably
guilty thereof, and should be held for trial.

Probable cause can be established with hearsay evidence, as long as there is substantial basis for
crediting the hearsay.

Motion for reconsideration is a prime opportunity to seek relief from a Court Order.

Appeal is a purely statutory and isn’t part of due process except when provided by law.

If the right to appeal is granted by law, it becomes part of due process, and it must be exercised in
accordance with the procedure laid down by law. It is compellable by mandamus.

Notice of appeal—a written document filed by the appellant with the court and a copy of which is sent
to the appellee—is the initial step in the appeals process.

CHAPTER 8: INTER-UNIT COORDINATION, AND MAINTENANCE OF POLICE BLOTTER

Police blotter is a logbook that contains the daily registry of all crime incident reports, official summaries
of arrest, and other significant events reported in a police station.

Crime Incident Reporting System (CIRS) an electronic reporting system that facilitates crime
documentation, modernizes data storage and provides quick and reliable transmission of crime
information from lower units and NOSUs of the PNP to the National Headquarters at Camp Crame,
Quezon City.

Blotter Procedure - Before entry into the blotter book, the Duty Officer (DO) should first evaluate if the
report is a crime incident, arrest or event/activity, which is for records purposes only. If the report is a
crime incident, the DO shall first accomplish the Incident Record Form (IRF) from which the entry in the
blotter book and IRS shall be extracted. All other reports shall be recorded directly to the blotter book.
 CHAPTER 9: PNP BOOKING

CHAPTER 10: INVESTIGATIVE/POLICE REPORT WRITING

Report - defined as an account or statement describing in detail an event, situation or the like, usually as
the result of observation, inquiry, etc.

Sworn statement - refers to a written statement voluntarily executed under by any person, a suspect or
a witness, which may be taken in a “question and answer format” or in a “narrative format (affidavit)”.

Cardinal Techniques in Statement-Taking

The novelty of this technique instatement-taking is tailored to support the investigator on how
not to become an easy legal prey to unscrupulous counsel who has no qualms for truth and fair
play while it transcends ethical norm, sometimes it was resorted to by counsel in his
vain/attempt to defend his client.

The Role of the Investigator as a Guardian of the Law is, therefore crucial to attain this vision of a just
society. Thus, anyone who commits any of the following should be charge accordingly:

False Testimony Against the Defendant - is when a person testifies falsely under against the defendant
knowing that it is premised on a deliberate falsehood.

False Testimony Favorable to the Defendant - In People versus Reyes, it was held that while false
testimony in favor of an accused maybe less obnoxious that false testimony against him, both forms of
false testimony are equally repugnant to the orderly administration of justice and deserve to be
rigorously repressed.

Offering False Testimony in Evidence - If a person in judicial or official proceeding offered in evidence a
false witness or false testimony knowing that the witness or the testimony was false is punishable under
Article 184

If a person induces a witness to testify falsely by reason of pecuniary gain, offering reward r promise,
then he is guilty as principal by inducement under Article 171 Para 2 of the RPC.

If the offender attributed to a person to have participated in any act or proceeding statements other
than those in fact made by him, by taking advantage of his official position, then he is liable for
falsification under Article171, Para 3 of the RPC.

If the offender performs an act that directly incriminates or imputes to an innocent person the
commission of a crime which does not constitute perjury, then he is liable for incriminatory
machinations under Article 363(Incriminating Innocent Person) of the RPC.

If for blind obedience to superior orders, the investigator aids in concealing or destroying the body of
the crime to prevent its discovery, he is liable for accessory after the fact under Article 19, Paragraph 2.
This is a unique example where investigator now becomes the subjects of investigation. (Revised Penal
Code).
If the facts narrated in the investigation report is a deliberate perversion of truth to favor a friend. It
violates Article 174, paragraph 4. What this Article punishes is the untruthful narration of facts and not
the making of an erroneous legal conclusion.

If pressured, any investigator who willfully and corruptly swears a witness false testimony in favor of a
defendant, is guilty under Article 180 of the RPC and deserves to be rigorously repressed.

If an investigator has any sense of dignity and worth, he would not, out of vindictiveness, incriminate or
impute to an innocent person the commission of a crime, he is liable under Article 363 of the RPC. What
the law punishes is the act of “planting” evidence tantamount to incriminatory machination.

Types of written statement

1. Question and Answer Type –it is preferable to a narrative type. It is easier to develop or prove
the essential elements of an offense through questions and answers. However, Leading and
Misleading Questions should be avoided in the Question and Answer Type.
A. Leading Question – suggest to the witness or accused the answers which the investigator
desires.
B. Misleading Question - is one which assumes as true facts not yet testified to by the witness or
suspect or contrary to that which he/she has previously stated whereby may be induced to give
an answer which appears to say more than he/she means.

Jurat – refers to an act in which an individual on a single occasion: (a) appears in person before the
notary public and presents an instrument or document; (b) is personally known to the notary public or
identified by the notary public through competent evidence of identity as defined by these Rules; (c)
signs the instrument or document in the presence of the notary; and (d) takes an oath or affirmation
before the notary public as to such instrument or document.

Narrative Type (Affidavit) –it is hard for the judge to believe that in a narrative type of
confession/statement, the subject voluntarily directed all that is in the confession/statement. Affidavit is
a form of sworn statement made in a narrative style. It is usually started with a “SCILICET” which is
usually abbreviated as S.S.