Arrest Search & Zeisure

CRIME SCENE DO NOT CROSS CRIME SCENE DO NOT CROSS
INVESTIGATors PLAN
At the end of this subject, the participants will be able to:

1. Define Investigation Plan and Investigation Management
System (IPMS);
2. Know the preparation of an Investigation Plan using the
SMECAC principles;
3. Know the importance of Investigation Management System
in the conduct of investigation by using Evidence Matrix, Resource
Spreadsheet, Lead Sheet (Follow-up Investigation and Information
Sheet), Standard Tactical Plan and Major Investigation Plan formats;
INVESTIGATors PLAN
At the end of this subject, the participants will

be able to:
4. Enhance the ability of the investigator to

apply best practices to the management of major
crime investigation, especially those that are multi-
jurisdictional and multi-agency oriented; and
5. Familiarize with Investigation Plan and

Investigation Management System. (Scenario-
Practical Exercises);
INVESTIGATors PLAN
PROCEDURE IN INVESTIGATIVE PLAN
INVESTIGATION PLAN – It is the strategic plan that require

proper format that include tools to be used in managing
investigation by applying the basic principle of SMECAC.
S-Situation
M-Mission
E-Execution
C-Contingencies
A-Administration and Logistic Cost
C-Command and Communication
INVESTIGATors PLAN
PROCEDURE IN INVESTIGATIVE PLAN
I. SITUATION- it refers to the background of the incident that happened,
Substantive Offenses, Jurisdiction, Targets, Anticipated duration, Multi-
Agency Investigation and Special Arrangement in the conduct of
investigation.
II. MISSION- It is the target action to be undertaken or procedure to be
attained to come up with best solution and proper outcome of the case
to be investigated.
III. EXECUTION- It is the proper strategic action to be taken in order to
attain the specific mission during the conduct of investigation by
determining the proper time, proper action by setting coordination in
handling the case to be investigated to avoid mistake.
INVESTIGATors PLAN
IV. CONTINGENCY – Barriers or problems that may arise during the

conduct of investigation that must be considered by finding immediate
and right solution.
V. ADMINISTRATION AND LOGISTICS – Proper designation of personnel
to a particular task assigned by determining their capabilities and
limitation as well as considering the available resources to be used
during the operation and investigation by finding immediate solution in
order to attain the target specific mission.
VI. COMMAND AND COMMUNICATIONS – Proper coordination of

personnel by considering all the available communication resources as
well as proper channelling of the information gathered which useful and
material to the case/crime being investigated.
INVESTIGATors PLAN
INVESTIGATION MANAGEMENT SYSTEM – It is the over-all

strategy applied in order to achieve the desired outcome of the case
being investigated.
Investigation Management System consists of:

1. The Evidence Matrix
2. The Resource Spreadsheet
3. Lead Sheet (Follow-up Investigation and
Information Sheet)
4. The Standard Tactical Plan
5. The Major Investigation Plan
INVESTIGATors PLAN
1. Evidence Matrix
It is an strategic approach in gathering complete,
detailed, necessary, facts and useful data and evidences in
order to file a specific complaint.
FOUR COMPOSITION:
1. Allegation
2. Offense
3. Elements/Facts in Issue
4. Avenues of Inquiry
INVESTIGATors PLAN
SAMPLE FORM OF EVIDENCE MATRIX
ALLEGATION OFFENCE ELEMENTS/FACTS AVENUE OF

AND ISSUE INQUIRY
A general statement
outlining the aim of the
investigation.
The statement need not List all possible List the elements of How the
be in technical need not offenses that can the offence/s together elements of
be in technical terms, be gleaned from with any relevant the crime are
so long as it is clear the issues that may affect to be satisfied.
and easily understood circumstances. the investigation
This statement will set
the parameters of the
investigation.
INVESTIGATors PLAN
2. Resource Spread Sheet

It is the presentation of graphic display between
avenues of inquiry, task, resources to be tasked and time of
completion.
Avenues of Inquiry
Task
Resources to be tasked
Time of Completion
INVESTIGATors PLAN
SAMPLE FORM OF RESOURCE SPREAD SHEET

Avenues of Tasks Resource To Time For Completion Of
Inquiry Be Tasked Task
J F M A M J J A S O N D
A E A P A U U U E C O E
N B R R Y N L G P T V C
Taken directly from The tasks The individual
the Evidence necessary to (Region, Division,
Matrix. complete the Branch, Unit, or
avenues of Squad) allocated
inquiry. “Task for
Completion”.
How the elements

of the crime are to
be satisfied.
INVESTIGATors PLAN
EXAMPLE
Avenues of Tasks Resource Time For Completion Of
Inquiry To Be Task
Tasked
ART. 248-RPC  Coordinate with the A E A P A U U U E C O E
“TF N B R R Y N L G P T V C
1.Deployment of Crime Laboratory
Maguindanao
SOCO (SOCO) with regard to
”
2. Interview / secure physical evidence
testimonial gathered and collected;
evidence from and the result of
Local Police
witnesses scientific investigation
Unit.
3. Application of (forensic, ballistic, etc..)
Search Warrant/  Interview of witnesses;
WOA  Interrogation of
SOCO
4. Employment of the suspects, if possible;
services of the PNP  Filling of Charges in
Crime Laboratory Court
INVESTIGATors PLAN
EXAMPLE
Avenues of Tasks Resource Time For Completion Of
Inquiry To Be Task
Tasked
A E A P A U U U E C O E
N B R R Y N L G P T V C
PD 1866 as amended
by R.A. 8294
Record check/
coordination with the
PNP Firearms and
Explosive Division
(FED)
INVESTIGATors PLAN
3. Lead Sheet (Follow-up Investigation/Information Sheet)
It is the follow up investigation information sheet

regarding the previous crimes committed in order to
gather more information, evidences and other related
data to strengthen the crime/s committed for possible
filing of cases.
It is the additional gathering of facts and evidences
in order to complete the necessary data needed.
INVESTIGATors PLAN
SAMPLE FORM OF LEAD SHEET
ACTIVITY/
FIRST CASE ACTION SUSPECT WITNESSES/ REMARKS
RESPONDING VICTIM TO BE TAKEN ARRESTED/ INFORMANT
OFFICER REQUIRED AT LARGE INFORMER
Case: Murder Secure the Datu Unsay Ms. Nena To include

SPO1 Juan crime scene Ampatuwad Tatlong Hari evidence
Victim:
confiscated/Exami
Mangundadatus Datu Andal
PO2 Areglado Inventory of Manny ned by SOCO
WIFE, 20 political Ampatuwad
confiscated Pokyaw For filling in
allies, 35 media
PO2 Maligalig evidence court/evidences
personalities
was turned to PO3
Identification Kastigador
Ref: 130900H Oct
of the property custodian
2010
suspects of Sharif Agwak
Lead Investigator
PO3 Imbestigador on Oct 16, 2010
PO2 Tan
PO2 Caronungan
INVESTIGATors PLAN
4. Standard Tactical Plan

It is the proper process of preparing
tactical plan to be used in conducting investigation
by assigning proper personnel with expertise to a
particular task, determining the availability of
resources to be used, identification of possible
barrier and problem that may arise during the
conduct of investigation and how to handle it by
finding right and immediate solution in order to
conduct thorough and effective investigation based
on the surrounding facts and circumstances.
INVESTIGATors PLAN

a. Six Point Plan (SMECAC)
1. Situation
2. Mission
3. Execution
4. Contingencies
5. Administration
6. Command and Communication
Must be considered in preparation of
standard tactical plan.
INVESTIGATors PLAN

b. ASSIGNMENT SHEET - It is the
delegation of specific work to a particular
person, as well as their individual task, duties
and responsibilities.
This include their respective call sign,

communication equipment used, other
equipment and documents like search warrant,
investigator’s kit, evidence box, tape recorder,
notebook and other special note in relation
thereto.
INVESTIGATors PLAN
SAMPLE FORM OF ASSIGNMENT SHEET
Member/s Task Call Communication Equipment Special Note
Sign
SPO1 Juan Secure the crime Mobile phone: Police Subject PNCOs is
PO2 Areglado scene 09191234567 notebook the 1st responder
PO2 Maligalig on the crime scene.
Lead Team Leader/ R2 ATS 2500hh Investigators Lead investigator
Investigator: searcher, radio Kit on case.
PO3 Imbestigador recorder, CH 1
Members: interviewer Mobile phone:
PO2 Tan exhibits/ 09192345678
PO1 Caronungan evidence
custodian
SOCO Team Entry team ATS 2500hh SOCO Process crime
Search team radio Manual scene which
Interview Smith Mobile phone: requires scientific
09193456789 findings
INVESTIGATors PLAN
SAMPLE FORM OF ASSIGNMENT SHEET
Member/s Task Call Sign Communication Equipment Special Note
Follow-up Entry team Mobile phone: Tape Follow-up

investigator Search team 09171234567 recorder investigation
Corroborate Note books of the case
Earle
INVESTIGATors PLAN
5. Major Investigation Plan
It is an over-all plan of action in

acquiring all methods of an
investigation by the investigator. The
availability of all resources and the
procedural in conducting the collection
of facts and evidences in developing a
successful prosecution of cases in court
against the suspect or person who
committed the crime and for his
conviction in the court proceeding.
INVESTIGATors PLAN
5. Major Investigation Plan
 A strategic planning tool used to manage investigations
 Based on the SMECAC principle
 Encourages managers to consider the quality of results

achieved
 The time taken to complete tasks and achieve objectives
 The cost of the investigation
INVESTIGATors PLAN
SAMPLE FORM OF MAJOR INVESTIGATION PLAN
STRATEGIC SMECAC QUALITY OF TIME TAKEN COST OF
PLANNING RESULTS TO COMPLETE INVESTIGATION
TOOLS ACHIEVED THE TASK
Investigative equipments Application To motivate every From time of Mobility/Gasolin
- evidence collection kit of SMECAC personnel to perform crime incident e- P1500.00
- cast molding kit Principle their specific task to up to the proper Food and
- finger print kit achieve the desired filling of Snacks-
- question document kit objectives criminal case P400.00
- arson kit (36hrs.) Load- P300.00
Crime Laboratory has
- post blast investigation Miscellaneous:
state of the art
kit 1,500.00
equipment which can
- integrated ballistic
give accurate in aid of
identification system
investigation.
kit (IBIS)
Furthermore, it is ISO
- automated finger print
certified by
identification system
International
(AFPIS)
Standard.
INVESTIGATors PLAN
Summary
The Investigation Plan and Investigation Management System
is the best method to every police officer particularly investigator in
applying the Investigation Plan and Management System or IPMS
for the preparation in conducting criminal investigation and follow up
operation in a thorough investigation for the immediate solution of a
crime incident and the filing of criminal case in court against the
perpetrator/suspect and for their conviction. It will also be useful for
the Chief of Office/Unit as a guide or tool in a case build
up/conference and addressing Higher Offices the status and the
situation of a crime incident that occured as well as for Media
presentation if directed.
INVESTIGATors PLAN
Summary
The students/participants will perform practical
exercises on the preparation of Investigation Plan and
Investigation Management System using the scenario given by
the Instructor/Lecturer to gage their understanding regarding
the subject matter. To educate the students the proper format
and procedure in making the Investigation Plan and
Management System matrix format.
WITNESS PROCESSING FOR TESTIMONIAL EVIDENCE

1. Know how to conduct dying declaration on the victim and
interview of the witness at the crime scene.
2. Elicit information concerning the crime under investigation.
3. Prepare an affidavit of witness, affidavit of arrest of the
responding police officer and other documentary requirements
necessary for the filling of criminal complaint.
4. Conduct interrogation of the suspect in the presence of his
counsel.
Definition of Terms
1. Witness - any person who possess information or knowledge of the

crime being investigated
2. Interview - simple questioning of a person who have knowledge of
a crime but was not involved therein.
3. Interrogation – it is the vigorous questioning of one who is reluctant
to divulge information.
4. Elicitation – it is a process of taking information from the subject
without his knowledge.
Definition of Terms
5. Dying Declaration – a declaration made by a person who is
conscious of his impending death where his death is the subject of the
investigation.
6. Custodial Investigation – an investigation conducted by law
enforcement officer after a person has been arrested or deprived
freedom of action. In includes invitation to a person who is being
investigated in connection with an offense.
7. Miranda Doctrine – a principle on the right of the suspect from

force self-incrimination during police interrogation as enshrined in the
1987 Philippine Constitution, Bills of Rights Art. 3, Sec 12.
B. Witness processing for Testimonial Evidence

1. Initial Interview
a. Interview of witness at the
crime scene and conduct
dying declaration of the victim
if necessary.
b. Conduct of elicitation on the

witnesses and suspects.
c. Background check of both the

victim and the suspect
2. Structured and Unstructured Interview (interrogation)
a. Suspects are brought to station for

interrogation
b. Taking of admission/confession of
the suspect in the presence on his
counsel.
c. Suspects are being inform of his
Constitutional right or the Miranda
Doctrine.

The following are the rights of the accused under custodial
investigation which the investigator must inform the suspect in the
dialect kwon to him.
1. That he has the right to remain silent;
2. That if he waives his right to remain silent, anything he says
can be used in evidence against him in court;
3. That he has the right to counsel of his own choice;
4. That, if he cannot afford one, he shall be provided with an
independent and competent counsel; and
5. That he has the right to be informed of such rights.
3. Taking of sworn statement
a. Taking of the dying declaration of the victim at the crime

scene or while being brought at the hospital.
b. Preparation of the affidavit of arrest of the responding
police officer, complaint sheet, case referral sheet and
pieces of evidence.
c. Preparation of other documentary requirements to be
forwarded to other law enforcement offices as a pre
requisite for filling in court.
REQUISITES OF DYING DECLARATION

1. In order that a Dying Declaration may be admissible, the requisites
must occur.
2. It must concern the crime involved in and the circumstances
surround the declarant’s death;
3. At the time of the declaration, the declarant must be conscious of an
impending death;
4. The declarant must be competent as a witness; and
5. The declaration must be offered in a criminal case, such as for
Homicide, Murder or Parricide in which the declarant was the victim.
BASIC PARTS OF A DYING DECLARATION:
The statement of the victim should be in a language understood

or used by him and should contain the following basic parts:
1) The title or identification of the statement containing the name and

address of the affiant, the name of the investigator as well as his
rank, the witness/es, (if any) to the statement, information as to
where and when the statement was taken;
2) The crime/incident committed;
3) The name of the suspect/s and other personal circumstances, if
possible;
BASIC PARTS OF A DYING DECLARATION:

4) The time, date and place of the commission of the crime/incident;
5) The motive of the incident;
6) The name and other personal circumstances of the victim;
7) The question - to support that he/she is telling the truth;
8) The gravity of the injuries he/she suffered or inflicted upon him/her;
9) The signatures of the affiant/victim and the witnesses (if any); and
10) The certification of the investigator.
Summary:
At the end of this lesson, participants will be able to learn

and acquired knowledge on how to prepare different types of
affidavit and other documentary evidence. Participants will also
be thought how to conduct interview and interrogation on the
victim, witness and suspect. Practical exercises will be given to
test the knowledge learned in the actual taking of affidavit, dying
declaration and custodial investigation. After the training we
expect our investigator to be well prepared for the job.

1. Know the definition of Arrest, Search and Seizure and its
importance.
2. Acquire basic knowledge on what is the procedural aspect
in making arrest.
3. Familiarization on the application of search warrant and

the taking of affidavits of deponent.
4. Build self-confidence while in the field of investigation.
Arrest, search and seizure
Definition of Terms:
Arrest is the taking of a person into custody in order that he
may be bound to answer for the commission of an offense.
Search is an examination of an individual’s person, house,
papers or effects, or other buildings and premises to discover
contrabands or some evidence of guilt to be used in the
prosecution of a criminal action.
Seizure is the confiscation of personal property by virtue of
a search warrant issued for the purpose.
Warrant of Arrest 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 arrest a person and bring him
before the court.
A 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 bring it before the court.
Rights of a person under arrest or Custodial investigation:

You are now under arrest/custodial
investigation for ______. You have the right to
remain silent and to have a competent and
independent counsel of your own choice, and if
you cannot afford the services of the lawyer, one
shall be provided for free by the government.
Any statement made by you during investigation
may be used for or against you in any Court of
Law of the Philippines. (These rights cannot be
waived except in writing and in the presence of
a counsel)
Arrest, how made: (Sec. 2)

An arrest is made by an actual
restraint of a person to be arrested, or by
his submission to the custody of the
person making the arrest.
Duty of arresting officer: (Sec.3)
It shall be the duty of the officer executing the

warrant to arrest the accused and deliver him to the
nearest police station or jail without unnecessary
delay.
Execution of warrant: (Sec.4)

The head of the office to whom the
warrant of arrest was delivered for
execution shall cause the warrant to be
executed within ten (10) days from its
receipt.
Arrest without warrant; when lawful (Sec.5)
A peace officer or a private person may, without a warrant, arrest
a person:
(a) When, in his presence, the person to be arrested has
committed, is actually committing, or is attempting to commit
an offense;
(b) When an offense has 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; and
(c) When the person to be arrested is a prisoner who has escaped
from a penal establishment or place where 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.
Time of making arrest: (Sec. 6)

An arrest may be made on any day and at any time
of the day or night.
Method of arrest by officer by virtue of warrant: (Sec.7)

When making an arrest by virtue of a
warrant, the officer shall inform the person to
be arrested of the cause of the arrest and the
fact that a warrant has been issued for his
arrest, except when he flees or forcibly resists
before the officer has opportunity to so inform
him, or when the giving of such information will
imperil the arrest. The officer need not have the
warrant in his possession at the time of the
arrest but after the arrest, if the person arrested
so requires, the warrant shall be shown to him
as soon as practicable.
Method of arrest by officer without warrant: (Sec. 8)

When making an arrest without a
warrant, the officer shall inform the person
to be arrested of his authority and the
cause of the arrest, unless the latter is
either engaged in the commission of an
offense, is pursued immediately after its
commission, has escaped, flees, or forcibly
resists before the officer has opportunity to
so inform him, or when the giving of such
information will imperil the arrest.
Method of arrest by private person: (Sec.9)
When making an arrest, a private person

shall inform the person to be arrested of the
intention to arrest him and the case of the arrest,
unless the latter is either engaged in the
commission of an offense, is pursued
immediately after its commission, or has
escaped, flees, or forcibly resists before the
person making the arrest has opportunity to so
inform him, or when the giving of such
information will imperil the arrest.
Officer may summon assistance: (Sec.1O)

An officer making a lawful arrest may orally summon as many
persons as he deems necessary to assist him in effecting the arrest.
Every person so summoned by an officer shall assist him in effecting the
arrest when he can render such assistance without detriment to himself.
Right of officer to break into building or enclosure: (Sec. 11)

An officer, in order to make an arrest either by virtue of a
warrant, or without a warrant as provided in section 5, may break into
any building or enclosure where the person to be arrested is or is
reasonably believed to be, if he is refused admittance thereto, after
announcing his authority and purpose.
Right to break out from building or enclosure: (Sec. 12)

Whenever an officer has entered the building or
enclosure in accordance with the preceding section, he may
break out there from when necessary to liberate himself.
Arrest after escape or rescue: (Sec. 13)

If a person lawfully arrested escapes
or is rescued, any person may immediately
pursue or retake him without a warrant at
any time and in any place within the
Philippines.
Right of attorney or relative to visit person arrested: (Sec. 14)

Any member of the Philippine
Bar shall, at the request of the person
arrested or of acting in his behalf, have
the right to visit and confer privately with
such person in the jail or any other place
of custody at any hour of the day or
night. Subject to reasonable regulations,
a relative of the person arrested can also
exercise the same right
SEARCH AND SEIZURE

Court where application for search warrant shall be filed: (Sec. 2)
An application for search warrant shall be filed with the following:
(a) Any court within whose territorial jurisdiction a crime was
committed.
(b) For compelling reasons stated in the application, any court within
the judicial region where the crime was committed if the place of the
commission of the crime is known, or any court within the judicial region
where the warrant shall be enforced.
However, if the criminal action has already been filed, the
application shall only be made in the court where the criminal action is
pending.
Application of Search Warrant:

All application for search warrant shall be approved for
filling by the Chief of Police. The application shall indicate the
following data:
(a) Office applying for Search Warrant.
(b) Name of officer applicant;
(c) Name of subject, if known;
(d) Address/place(s) to be search;
(e) Specific statement of things/articles to be seized; and
(f) Sketch of the place to be searched
Personal property to be seized: (Sec.3)

A search warrant may be issued for the search and seizure
of personal property:
(a) Subject of the offense;
(b) Stolen or embezzled and other

proceeds, or fruits of the
offense; or
(c) Used or intended to be used as
the means of committing an
offense.
Requisites for issuing search warrant: (Sec. 4)
A search warrant shall not issue

except upon probable cause in connection
with one specific offense to be determined
personally by the judge after examination
under oath or affirmation of the
complainant and the witness he may
produce, and particularly describing the
place to be searched and the things to be
seized which may be anywhere in the
Philippines.
Examination of complainant; record (Sec. 5)
The judge must, before issuing the warrant, personally examine
in the form of searching questions and answers, in writing and
under oath, the complainant and the witnesses he may produce on
facts personally known to them and attach to the record their sworn
statements, together with the affidavits submitted.
Issuance and form of search warrant: (Sec.6)
If the judge is satisfied of the existence of facts upon which
the application is based or that there is probable cause to believe
that they exist, he shall issue the warrant, which must be
substantially in the form prescribed by these Rules.
Right to break door or window to effect search: (Sec.7)

The officer, if refused admittance to the place of directed search
after giving notice of his purpose and authority, may break open any
outer or inner door or window of a house or any part of a house or
anything therein to execute the warrant to liberate himself or any person
lawfully aiding him when unlawfully detained therein.
Search of house, room, or premises to be made in presence of two
witnesses: (Sec. 8)
No search of a house, room, or any other premises shall be made
except in the presence of the lawful occupant thereof or any member of his
family or in the absence of the latter, two witnesses of sufficient age and
discretion residing in the same locality.
Time of making search: (Sec. 9)
The warrant must direct that it be served in the day time, unless
the affidavit asserts that the property is on the person or in the place
ordered to be searched, in which case a direction may be inserted
that it be served at any time of the day or night.
Validity of search warrant: (Sec. 10)
A search warrant shall be valid for ten (10) days from its
date. Thereafter, it shall be void.
Receipt for the property seized: (Sc. 11)
The officer seizing the property under the warrant must give a
detailed receipt for the same to the lawful occupant of the premises in
whose presence the search and seizure were made, or in the absence of
such occupant, must, in the presence of at least two witnesses of
sufficient age and discretion residing in the same locality, leave a receipt
in the place in which he found the seized property.
Delivery of property and inventory thereof to court; return and

proceedings thereon; (Sec. 12)
The officer must forthwith deliver the property seized to the judge
who issued the warrant, together with a true inventory thereof duly
verified under oath.
Search incident to lawful arrest: (Sec. 13)
A person lawfully arrested may be searched for dangerous weapons
or anything which may have been used or constitute proof in the
commission of an offense without a search warrant.
Motion to quash a search warrant or to suppress evidence; where to
file (Sec. 14)
A motion to quash a search warrant and/or to suppress evidence
obtained thereby may be filed in and acted upon only by the court where
the action has been instituted. If no criminal action has been instituted, the
motion may be filed in and resolved by the court that issued search warrant.
However, if such court failed to resolve the motion and a criminal case is
subsequently filed in another court, the motion shall be resolved by the
latter court.
Lawful Warrantless Searches and Seizures (Sec 9, Rule 17 POP)

Warrantless Searches and Seizures are lawful under any of the
following circumstances:
1. When there is consent or waiver.
2. When evidence to be seized is in “plain view”.
3. Custom search.
4. Search on moving vehicles.
5. Routine searches made at or in the interest of national security.
6. Stop-and-search or stop-and-frisk.
7. Search incidental to a lawful arrest.
8. Search of vessels.
9. Emergency or Exigency Circumstances
Summary:
Discussed during the session were the following; definition of

terms; Arrest, Search, Seizure, Warrant of Arrest and Search
Warrant and other related matter pertaining to the herein topics.
After the session, participants will be given examination and will

perform practical exercises on the application of Search Warrants
and on how to take questions and answers affidavit to ensure
thorough understanding of the investigation procedure.
Written Exam
Test I Definition of Terms:
1. What is Warrant?
2 What is Search?
3. What is Seizure?
4. What is Warrant of Arrest?
5. What is Search Warrant ?
Test II Enumerations
1. What are the circumstances of Lawful Warrantless Arrest?
2. What are the circumstances of Lawful Warrantless Search and
Seizure?
ANSWERS KEY
Test I
1. Arrest - is the taking of a person into custody in order that he may
be bound to answer for the commission of an offense.
2. Search- is an examination of an individual’s person, house papers
or effects, or other buildings and premises to discover contrabands or some
evidence of guilt to be used in the prosecution of a criminal action.
3. Seizure- is the confiscation of personal by virtue of a search warrant
issued for the purpose.
4. Warrant of Arrest - is an order in writing issued in the name of the
People of the Philippines, signed by a judge and directed to peace officer,
commanding him to arrest a person and bring him before the court.
5. A 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 bring
it before the court.
Test II
1. A peace officer or a private person may, without a warrant, arrest a person:
(a) When, in his presence, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense;
(b) When an offense has 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; and
(c) When the person to be arrested is a prisoner who has escaped from a
penal establishment or place where 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.
Lawful Warrantless Searches and Seizures (Sec 9, Rule 17 POP)

2. Warrantless Searches and Seizures are lawful under any of the
following circumstances:
1. When there is consent or waiver.
2. When evidence to be seized is in “plain view”.
3. Custom search.
4. Search on moving vehicles.
5. Routine searches made at or in the interest of national security.
6. Stop-and-search or stop-and-frisk.
7. Search incidental to a lawful arrest.
8. Search of vessels.
9. Emergency or Exigency Circumstances
RECORDS MANAGE,MENT
At the end of this subject, the participants will

be able to:
1. Clearly define important terminologies;
2. Know the basic procedures in keeping

and filing of record;
3. And, know how to secure and preserve

document or record.
RECORDS MANAGEMENT
WHAT IS RECORDS MANAGEMENT?

Records Management is the systematic
control over the creation, maintenance and
disposition of records.
PURPOSE OF RECORDS MANAGEMENT
Create records necessary for the efficient and continued operation
of agency;
Save records or retain records to protect the interest of the agency
and its staff; and
Produce records needed for decision making process.
RECORDS MANAGEMENT
PHASES OF RECORDS MANAGEMENT

1. Records Creation - Recording of information on paper, printed forms,
punched card, it includes the preparation of form, report and
correspondence;
2. Records Maintenance - is the recording, classifying and arranging of
records to serve the operating units in an organization; and
3. Records Disposition - is the orderly maintenance of records
necessary to protect the interest of economy, efficiency and the prompt
disposal of records as they cease to have value for administrative,
financial, legal, operational or research purposes. It also include the
preparation of records inventory, evaluation and appraisal.
RECORDS MANAGEMENT
MAJOR CATEGORIES OF VALUE OF RECORDS

1. Time Value – refers to the specific period of usefulness of records.
a. Temporary
b. Permanent
2. Utility Value – refers to the nature of the usefulness of the records
to the organizations operations.
a. Administrative value d. Archival

b. Fiscal value e. Historical
f. Research
c. Legal
RECORDS MANAGEMENT
a. Administrative value – records created as

an administrative tool to accomplish the mission of
the organization.
b.Fiscal value – records created as an

administrative tool to discharge the financial
obligation of the organization.
c. Legal value – records that express legal

decisions, opinions and those that generally
give protection of the civil, legal property and other
rights of the citizen.
RECORDS MANAGEMENT
d. Archival value – records that reflects a

significant historical event or historical documents that
could be used as basis or research.
e. Historical – records of the past and current

activities, the value referring to policies, plans, rules and
procedures which the organization or one of the component
part adopted to carry out its function and responsibilities.
f. Research – records that provide actual or

potential usefulness for studies of methods, operation,
data or experience and investigation for use in the conduct
of further scientific researches.
RECORDS MANAGEMENT
BENEFITS TO GOOD RECORD MANAGEMENT

1. Perform daily business transactions more efficiently;
2. Waste less employee time with faster record retrieval;
3. Protect against accidental or record premature destruction;
4. Prevent costly paper accumulation with systematic record disposal;
5. Secure vital records and information in case of business disruption or
disaster;
6. Reclaim office space used for inefficient storage;
7. Access documents that demonstrate regulatory and legislative compliance;
8. Build confidence and pride from knowing you’ve done an important job well.
RECORDS MANAGEMENT
CLASSIFICATION OF RECORDS
1. Top Secrets Documents - the unauthorized
disclosure of which would cause exceptionally grave
damage to the nation politically, economically or from
the point of National Security. This kind of records
deserves the most guarded secrets by the person
involved.
2. Secret Records or Documents - the unauthorized
disclosure of which would endanger National Security,
cause serious injury to the interest and prestige of the
nation or any governmental activity or would be of
great advantage to other nation.
RECORDS MANAGEMENT
CLASSIFICATION OF RECORDS
3. Confidential Records or Documents - the

unauthorized disclosure of which would be prejudicial to
the interest or prestige of the nation, or any government
activity or would cause administrative embarrassment or
unwarranted injury to the honor and dignity of an
individual, or would be of advantage to a foreign nation.
4. Restricted Records or Documents - Records contain

information and material which requires special
protection other than that determined to be TOP
SECRET, SECRET, OR CONFIDENTIAL.
RECORDS MANAGEMENT
Records Custodian – refers to any agency

employee with responsibilities over a
particular set of records. A records
custodian must keep the Records Officer
informed of any issues regarding the
records in their custody.
RECORDS MANAGEMENT
FILING SYSTEM
A system of classifying into files. The most common
arrangement are:
1. Alphabetical – the most widely used form of filing. It

stresses the name, subject, or the important item.
a. Dictionary order - each subject is provided its own folder.
b. Encyclopedic order - subjects are grouped Into major headings.

Individual folders are filed in alphabetical order behind each
heading.
RECORDS MANAGEMENT
FILING SYSTEM
2. Chronological – is most useful for records that are created and monitored on a
daily basis. Folders are arranged by sequential date order.
3. Geographical – information is arrange alphabetically by geographical name of
the place.
4. Numerical – are most easily managed through the following system:
a. Serial Number – used for files which have a
preprinted number. Works best for records that are
assigned a number on creation.
b. Digit filing – uses an applied number to identify

folders. Work best for record series containing large
number of records.
RECORDS MANAGEMENT
CENTRALIZED FILES
Records of common interest or value to
many employees within an organization can be
place under the control of one supervisor; these
are frequently called the central files.
DECENTRALIZED FILES
Decentralized files are records that are
made and used by a single organizational unit
and one maintained and controlled at the point
of origin.
RECORDS MANAGEMENT
SECURITY OF RECORDS
The preventive and protective measures
and actions undertaken in order to
safeguard records/documents in all
government agencies from unauthorized
and indiscriminate disclosure, damage,
destruction and loss, whether these records
are filed in the current or non-current
storage area.
RECORDS MANAGEMENT
SIGNIFICANCE OF RECORD SECURITY

 An inseparable task of every supervisor in any
organization.
 A continuing challenge to those who have the
fundamental duty or obligation to keep interest in the
security measure alive.
 A Facilitator.
 One of the deterring factors to acts of sabotage,
arson, embezzlement and other vicious forms of
crimes against property.
 One of the several important elements of a proper
and sound records management.
RECORDS MANAGEMENT
SUPPLEMENTAL SECURITY CHAINS

For the purpose of classification, there are at least three
supplemental security chains normally adopted in the maintenance of
security of records and documents.
1. PHYSICAL SECURITY
2. COMMUNICATION SECURITY
3. PERSONNEL SECURITY
RECORDS MANAGEMENT
LAWS AND JURISPRUDENCE RELATING TO RECORDS

MANAGEMENT AND SECURITY
Measures Adopted By The Government To Safeguard Records
 SECTION 633 of the Revised Administrative Code states that
employees who are in charge of files shall be accountable and
responsible for their safekeeping.
ARTICLE 171 of the Revised Penal Code provides for the penalty of
prison mayor (8 to 14 years) and a fine of not to exceed P5,000.00
shall be imposed upon any public officer, employee, notary public or
ecclesiastical minister who is taking advantage of his position, shall
falsify a document by committing any of the following:
RECORDS MANAGEMENT

 Counterfeiting or initiating any handwriting or signature of any

person in any record or document;
 Causing it to appear that persons have participated in any act or
proceeding when they did not really participate;
 Attributing to persons who have participated in an act or
proceedings statements other than those in fact made by them;
 Making untruthful statements in a narration of facts;
RECORDS MANAGEMENT

 Altering true dates in certain documents or records;
 Making any alteration or intercalation in a genuine document which
changes its true meaning;
 Issuing an authenticated form a document purporting to be a true
copy of an original document originally exists, or including such copy
a statement contrary to or different from that of the original; and
 Interpolating any instrument or note relative to the issuance thereof
in a protocol, registry or official book.
RECORDS MANAGEMENT

ARTICLE 226, Revised Penal Code, speaks of the unauthorized removal,

concealment or destruction of records and documents. Any public officer
who shall remove, destroy or conceal any records or documents or papers
entrusted to him without any authority, shall suffer the following penalties:
The penalty of prison mayor (8 to 14 years) and a fine of not

exceeding P 1000.00 whenever a serious damage shall have
been caused thereby to a third party of the public interest.
RECORDS MANAGEMENT

The penalty of prison correctional (6 months to 2

years) in its minimum period and a fine exceeding P
1000.00 shall be imposed whenever the damage
caused to a third party or public interest shall not be
serious.
In either case, the additional penalty of temporary
disqualification in the government service to a
maximum period of special disqualification shall be
imposed.
RECORDS MANAGEMENT

In order to convict a certain person under this case, the following elements
are required:
 That the offender must be a public officer;

 That he abstracts, destroys or conceals a document or records;
 That said document or record should have been entrusted to
such public official by reasons of his Office;
 That the damage whether serious or not to a third party or to the
public interest should have been caused .
RECORDS MANAGEMENT

Article 227 of the Revised Penal Code . Officer breaking seal.
Article 228 is embodied in the Revised Penal Code to penalize any public
officer or employee found guilty of opening a closed document. He shall suffer
the penalty of arresto mayor, plus a fine of P1,000.00 and disqualification from
holding a public office. The damage cause in this article is not a requirement.
Article 229, also in the Revised Penal Code, penalizes any officer who shall
reveal any secret known to him by reason of his official capacity, or who
wrongfully deliver papers/ documents or copies thereof, with a penalty of
prison correctional and a fine of not exceeding P2,000.00 including perpetual
disqualification from holding a public office .
RECORDS MANAGEMENT

The following elements are to be considered to warrant the conviction of any
public officer under this provision:
 That the offender is a public official or employee;

 That he knows the secret by reason of his official capacity;
 That he reveals such secrets without authority or justifiable
reasons;
 That the damage, great or small shall be caused to public
interest;
 That the records or document are under his custody.
Case review
1. Recognize the importance of case management including

supervision and case conference;
2. Understand the essence of critical analysis that is
necessary before the filing of a case in court;
3. Be able to know how to find and organize problem in a
specific case for evaluation, decision making and finding for an
effective solution;
Case review
4. Be aware at looking at similarities and

differences between two or more situations they are
considering and ask over whether there are
necessary and sufficient condition to produce the
same result; and
5. Know the importance of the way agencies
work together and taking actions to try and remedy
whatever mistakes have been made in a certain
situation/case.
Case review
1. What is Case review?
Detailed analysis and intensive study of a certain case

under investigation that stresses factors contributing to its
success or failure.
2. What is the Purpose of Case Review?
The purpose of case review is to ascertain what lessons

can be learned for the way agencies work together and also
to take actions to try and remedy whatever mistakes have
been made about a certain situation or case.
Case review
3. What is Case Management?
Ability to “queue” matters to different individuals and

agencies so as the cases can be monitored and nothing falls
between the “cracks”.
Case creation – define the elements of the case,

parties involved, nature of the investigation and the
case stages and statuses of interest. It also
correlates related cases so that the investigator can
get a fuller picture on the case or person of interest.
Case review
Event tracking and Case history – define the

type of events or actions on the case that must
be tracked as the case moves along. Events
may include investigative activities like interviews
and other forms of research, progress reports,
responses, correspondence, scheduling for
specific appointments, dispositions, referrals to
other agencies etc. (e.g., Cooperation and
coordination between the investigator and
prosecutor before filing the case)
Case review
4. How it is done?
a. Case Conference
A conference purposely to bring the
investigation process together particularly serious
matters/cases and ensure that the investigation is
being carried out in a timely fashion.
It may done face to face or virtually as
mediated by communication technology such as
telephone conference call or video conference to
produce a product or substantial/concrete result
for a decision.
Case review
Purpose:
 It will receive the report of the lead investigation officers and other reports
that might have been requested for action.
 Sharing of information and reaching an agreement between agencies/units
involved.
If the investigation has not been fully completed, the meeting should:
 Review what has happened
 Review the Interim Plan and firm it up into an actual safeguarding
plan
 Record the need for further investigation
 Record the outcome for the victim, perpetrator and for other services
 Record the feedback to relevant parties not present at the meeting
the things to be carried out
Case review
Safeguarding Plan - collection of actions to be taken to ensure the

victim’s safety and is recorded as the action plan of the case conference
covering the following points:
Specific action plan to protect the victim from the perpetrator
Legal remedies to be used to make the victim safe
b. Critical Case Analysis?
 Aims to find and organize the problem in a specific case and
evaluate a piece or body of work in a field and to breakdown
the piece and study the parts.
 Task is to allocate the central issue of the presented problem
for key decision makers to find an effective solution.
Case review
Question of Logic
If someone claims that because a certain theory
applies to one situation, it will automatically apply to
another. You may need to apply critical analysis and
show that even though the theory does not apply in the
first case, there is sufficient evidence to assume that it
will work in the other case. It is wrong to use a
particular instance to make a general claim.
INTEGRATED PRACTICAL EXERCISES

1. Learn their over-all legal actions in doing investigation and
responding in the crime incidents specially those requiring critical
judgments;
2. Identify the priorities in conducting investigations in a scenario and
handling emergency situation at the crime scene and its Crime Scene
Processing.
3. Familiarize the proper way of processing the crime scene and the
witnesses;
4.Enhanced and updated their knowledge on investigative
procedures, i.e., preparation of reports and others such as standard
operating procedure on records/keeping and filing.
Introduction
In any serious undertakings it is best to test the theoretical ability

of the students thru Critical Incident Management Simulation and Table
Top Exercise in order to give them the overview how important is the
module to their job works.
Investigation of a crime is the central job of a police officer that

requires great discretion and legalistic intervention at all times. To learn
on this entirely it may require an imaginary view on how to carry out all
things right.
Given a Problem Scenario the Student participants will choose

from Plan A (simulation exercises) and Plan B (sit work exercises)
exercises they will present to the class showing the proper procedure in
conducting investigations of the case incident.
In this activity, all subjects they have learn in the module will run
up in this exercises with their individual role play or with their share ideas
on how they will do the task to solve the case investigation in the
scenario.
Summary
The student participants performance in the practical

exercises on the Critical Incident Management Simulation
and Table Top Exercises will give critic and give the general
idea to the Law Enforcement Policemen the Do’s and Don’ts
in conducting investigations which will leads to them to the
success in solving and closing a criminal case.
Court awareness and concerns
1. Learn the real processes of court awareness and concerns,

such as court demeanor, cross examination procedure, court
proceedings and court trial proceedings;
2. Make other documentary requirements in filing a
complaint/inquest proceeding until the justice had been done.
3. Ensure the admissibility of documents needed for prosecution
of the offender;
4. Familiarize on the procedural process in filing a criminal
complaint;

5. List the different modes of investigation and on how to
manage court pressure with respect to the cases being
handled by the investigator on the field;
6. Apply different techniques of laws, procedures and
jurisprudence;
7. List several modes of consultation with the prosecutors; and
8. Train and educate the participants on the program of
instruction subject for CIC in order for them to have a good
understanding the kind of training the students of CIC in
different regions will be undergoing.
COURT DEMEANOR
It is the attitude of a lawyer towards the judge, towards the
lawyer of the opposing party and towards the court. Furthermore, it is the
devine respect to the court based on the dress code being imposed by
the supreme court, as regards to their actions while in the court
proceeding, observe with outmost care while in the court room.
CROSS-EXAMINATION
Cross-examination is the interrogation of witness upon a trial
hearing, or taking a deposition, by the party opposed to the one who
produced him, upon his evidence given in chief, to test its truth, to further
develop it, or for other purposes. The objective of cross-examination is to
test the truth of statements of a witness made on direct examination.
Scope of Cross-Examination
Upon the termination of the direct examination, the witness may be cross-
examined by the adverse party as to any matters stated in the direct examination,
or connected therewith, with sufficient fullness and freedom to test his accuracy
and truthfulness and freedom from interest or bias, or the reverse, and to elicit all
important facts bearing upon the issue.
Preparation for cross-examination
Where important issues are involved, the cross-examination in a great
majority of cases can and should be prepared in advance of the trial. This does
not necessarily mean that the actual questions for submission therein need be
formulated although frequently this may be profitably done, but a general outline
and plan with its various objectives and methods of approach should be
considered and tentatively decided upon and set down in advance of the hearing.
Cross-examination techniques
As a whole it has been said that every witness must be considered as a

distinct problem. A line of questioning that might confuse one untruthful witness
might have no effect on another although he/she was equally untruthful. One must
scrutinize the direct examination carefully, while it is being delivered, for loopholes.
Sometimes, in this way, a strong thread is found which unravels the whole story
when judiciously handled. surely taking a witness over his direct examination again
is not cross-examination, and is rarely productive of effective results; in fact , it
often does positive harm because if the story is unshaken it only drives home with
greater emphasis what the witness has testified to an direct examination. If the
witness story on direct examination convinces you he is probably telling the truth,
hence, you had better merely show the witness opportunity for observation of the
circumstances he is relating
c. PREPARATION FOR CROSS-EXAMINATION
Where important issues are involved, the cross-examination

in a great majority of cases can and should be prepared in advance
of the trial. This does not necessarily mean that the actual questions
for submission therein need be formulated although frequently this
may be profitably done, but a general outline and plan with its
various objectives and methods of approach should be considered
and tentatively decided upon and set down in advance of the
hearing.
d. CROSS-EXAMINATION TECHNIQUES
As a whole it has been said that every witness must be considered as a
distinct problem. A line of questioning that might confuse one untruthful
witness might have no effect on another although he/she was equally
untruthful. One must scrutinize the direct examination carefully, while it is
being delivered, for loopholes. Sometimes, in this way, a strong thread is
found which unravels the whole story when judiciously handled. surely
taking a witness over his direct examination again is not cross-examination,
and is rarely productive of effective results; in fact , it often does positive
harm because if the story is unshaken it only drives home with greater
emphasis what the witness has testified to an direct examination. If the
witness story on direct examination convinces you he is probably telling the
truth, hence, you had better merely show the witness opportunity for
observation of the circumstances he is relating.
3. MOOT COURT – Practical Eexecise
4. COURT OBSERVATION – Practical Eexecise
4.1) CRIMINAL COMPLAINTS AND INFORMATIONS
In general, under the old rules, a criminal action or
prosecution may instituted in the courts in either of two ways, firstly, it
may be commenced by any person presenting to a court a complaint.
Such complaint is the process which begins the action. Where such
complaint has been presented, no other or further pleading on the part
of the government is necessary, the prosecution proceeds upon the
complaint alone. Secondly, the action may be commenced by the
prosecutor by filling with the court an information. In that case, such
information is the process which institutes the action and the
prosecution proceeds upon it as the people’s pleading.
a. COMPLAINT AND INFORMATION, DISTINGUISHED
Complaint may be signed by the offended party, any peace officer

or other public officer charged with the enforcement of the law violated,
while on the other hand the information is always signed by the fiscal or
prosecutors or an authorized prosecuting officer.
the complaint is sworn to by the person signing it, whereas the

information need not be under oath, the reason being principally that the
prosecuting officer filing it is charged with the special duty in regards thereto
and is acting under the special responsibility of his oath of office and lastly a
complaint may be filed either with the fiscals office or the court, while an
information is always filed with the court. However, where the accused
underwent preliminary investigation pursuant to section 3 to 5, Rule 112,
Rules of Court, the certification to that effect must be under oath.
c. SUFFICIENCY OF COMPLAINT OR INFORMATION.
Basically, a complaint or information is sufficient if it states the

name of the accused; the designation of the offense by the statute;
the acts or omissions complained of as constituting the offense; the
name of the offended party; the approximate time of the commission
of the offense, and the place wherein the offense was committed.
When an offense is committed by more than one person, all of
them shall be included in the complaint or information (Sec.6, Rule
110).
Now as amended, Sec.8, supra, now requires the complaint
or information to specify the qualifying and aggravating
circumstances.
d. CLARITY OF ALLEGATIONS REQUIRED
The complaint or information is required to be an

ordinary and concise language without repetition, sufficient (1)
to enable a person of common understanding to know what
offense is intended to be charged, and (2) to enable to court
to pronounce proper judgment, as earlier stated. It is not
necessary, however, to follow the language of the statute in
the complaint or information. What is important is that the
crime is described in intelligible terms with such particulars as
to apprise the accused, with reasonable certainty, of the
offense charged. In other words, the crime must be stated in
such a way that a person of ordinary mind of intelligence may
immediately know what is meant, and the court can decide
the matter according to law.
4.2) TRIAL BRIEF

[
a. A trial brief is a methodical abstract of the facts

and law, as well as the issues and evidence, involved in
a litigation, drafted by the advocate for his personal
reference and convenience. It is the advocate’s general
war plan, the strategic blueprint of everything necessary
for him to conquer his objective. It serves as the lawyer’s
general guide to an effective and intelligent handling of
his client’s cause or defense. A good trial brief, so it has
been said, is one that has a perfect plan for the
unplanned.
b. IMPORTANCE OF THE TRIAL BRIEF
Stark realities confronting the lawyer in practice argue most strongly for
the preparation of a thorough trial brief. Unlike in other countries where
lawyers usually work on only two or three cases for trial at any one time, a
Philippine lawyer is generally overburdened with more cases than he could
effectively handle. The sheer weight then of his case-load deters him from
giving each case sufficient attention, the demands of each particular case
being as compelling as those of the rest. This results in serious deficiency
in terms of preparation which is required of a lawyer before he goes to the
courtroom to try the case.
Similarly, the excitement engendered by a judicial trial never fails to
evoke a strong emotional response from the advocates involved, new and
veteran alike. And in the heat of this excitement, lawyers are apt to forget,
albeit momentarily, some of the facts and legal principles involved in the
controversy.
c. CONTENTS OF TRIAL BRIEF
Sec.6 Rule 18, Rules of Court provides that under this rules; Sec.6 Pre-trial
brief- the parties shall file with the court and serve on the adverse party, in such
manner as shall ensure their receipt thereof, at least three (3) days before the
date of the pre-trial, their respective pre-trials briefs which shall contain, among
others:
a. A statement of their willingness to enter into amicable settlement or
alternative modes of dispute resolution, indicating the desired terms thereof;
b. A summary of admitted facts and proposed stipulation of facts;
c. The issues to be tried or resolved;
d. The documents or exhibits to be presented stating the purpose thereof;
e. A manifestation of their having availed or their intention to avail
themselves of discovery procedures or referral to commissioners; and
f. The number and names of the witnesses, and the substance of their
respective testimonies.
4.3) DIRECT EXAMINATION

a. EXAMINATION OF WITNESSES IN GENERAL
“No case is ever tried upon the facts, as they are made to
appear. Through the medium of human testimony”. The pith of this
reminder lies in the fact that a judge is not supposed to have in advance
of the trial personal knowledge of the facts out of which the case before
his court arose. Were he a witness to the occurrence or transaction, the
proper place for him is the witness box, not the magistrate bench.
Impartial trial requires an impartial judge, a requirement which can be
satisfied only by the judge’s complete receptivity to the evidence and
submissions of the parties-litigant, free from biases and prejudices
engendered by his having knowledge of material facts which are outside
of the records. His knowledge of the material factual data decisive of the
controversy must of necessity spring from the testimony of witnesses
given in the manner prescribed by accepted procedure not from evidence
dehors, hence, the prime significance of examination of witnesses.
Rights And Obligation Of A Witness

A witness must answer questions, although his answer may tend to
establish a claim against him, however, it is the right of a witness:
1. To be protected from irrelevant, improper, or insulting questions, and
from harsh or insulting demeanor;
2. Not to be detained longer that the interest of justice require;
3. Not to be examined except only as to matters pertinent to the issue;
4. Not to give an answer which will tend to subject him to a penalty for
an offense unless otherwise provided by law; or
5. Not to give an answer which will tend to degrade his reputation,
unless it be to the very fact at issue or to a fact from which the fact in
issue would be presumed. But a witness must answer to the fact of his
previous final conviction for an
Order Of Examination
The order of examination of a witness is as follows; direct
examination, cross-examination, redirect examination and re-cross examination.
d. Directs Examination, Concept Of:
Direct examination of a witness is the first interrogation of a witness on the
merits by the party in whose behalf he is called. It is to be distinguished from the
cross- examination which is conducted by the adverse party and from the redirect
examination which follows the cross-examination, and is had by the party who first
examined the witness. Direct examination which is other-wise known as the
examination-in-chief, is made by taking the oral testimony of the witness in open
court under oath or affirmation (Sec.1, Rule 132, Rules Of Court), on matters which
are within his personal knowledge or competence and are relevant to the issues
involved in the litigation, with the end in view of building up the case-theory of the
party in whose behalf he takes the witness stand.
e. Preparation In Advance Of Trial
The wisdom of this reminder from noted trial lawyers is self-

evident; “the advance preparation for direct and cross-examination is almost
as important for you as it is for your witnesses. Carefully plan your
techniques and your questions. Your testimony and evidence must be
presented in the most effective manner possible. If you lack substantial trial
experience, prepare all of your important questions in advance”.
We may state as an almost inflexible rule of the thumb that

witnesses ought to be called to the witness stand only after the advocate of
his proposed testimony and the scope of the matters covered thereby.
f. Laying the Foundation Of A Witness’ Evidence.
Having thus dissipated the witness’ apprehensions, the council

may now get down to the brass tacks, so to speak. He may now start laying the
foundation for the material evidence he wishes the witness to convey. If it is a
criminal case, “make clear the exact time and date when the crime was allegedly
committed, have the witness locate and describe all the persons who were present,
as well as all of the important objects and pieces of evidence. If the incident took
place outdoors, have him describe the weather and physical conditions of the
atmosphere. Ask the witness how far away he was from the fight or assailant; when
did he first observe what was going on; what were the weather conditions; was it
light or dark; what attracted his attention to what took place? Then interrogate
concerning every factor, however unimportant, that would serve to impress upon
the (court) his truthfulness and his ability to observe what took place.
g. Question Must Be Broad
So far as possible, the question asked must be so framed

as to follow the witness to make a chronological narration of facts in his
testimony. The language must be that of the witness’ not a lawyer’s. the
questions must call for a narrative which the witness can relate with ease.
And during his narration, the lawyer should endeavor not to interrupt or
interject omitted details. That will only break his witness chain of thoughts
which may, in turn, lead to his utter discomfiture. Unless the witness has
gone too far afield, the lawyer should disregard his minor digressions.
h. Leading Questions, Not Allowed
In direct examination, leading questions are generally taboo. This

rule is intended to prevent the substitution of the language of the attorney for the
thought of his witness as to a material fact in dispute. Leading questions are
objectionable because they may be used to convey to the witness information in
disguise and indicate the examiner’s desire to have it affirmed by the credit of the
witness. To be sure, the legitimate object of all examination of witnesses is the
eliciting of the truth, and the danger which arises from so-called leading questions
is not that the truth may thereby be extracted in an unethical manner, but that the
nature may be stated by a witness who is either indifferent to his oath or
overzealous in the cause and eager to adopt any suggestion made by the attorney
although not the leading into temptation, that is to be depreciated and avoided.
4.4) Re-Examination Of Witnesses
a. After the cross-examination of the witness has been concluded, he

may be re-examined by the party calling him, to explain or supplement his answer
given during the cross examination. On redirect examination, questions on
matters not dealt with during the cross-examination, may be allowed by the court
in its discretion.
Ordinarily, the proper function of redirect examination is to explain, rebut,

or avoid the effect of the testimony elicited on cross-examination, and to clear up
confusion of the witness. It also has a proper function to clarify obscurities that
may arise, even though in the strictest sense, not directly explanatory or relevant
to matters developed on cross-examination. Thus, it has been said that redirect
examination is a proper method of clarifying a matter brought out on cross-
examination.
b. Scope of Redirect Examination
On redirect examination a witness may be re-examined by the

party calling him to explain or supplement his answers given during the
cross-examination. Questions on matters not dealt with during the cross-
examination may be allowed by the court in its discretion. Similarly, on
redirect the same line of inquiry or course of questioning followed on cross
may be pursued. It is competent, after a witness has been cross-examined
respecting a former statement made or alleged to have made by him, for
the party who called him to re-examine him as to the same statement.
c. Redirect Examination On New Matter
In general, on redirect examination a witness may be examined

as to new matter which was first elicited on cross-examination, and which is
relevant to the subject of the direct examination, although the testimony would not
have been admissible on direct examination. As to such new matters the court has
a wide discretion in determining the scope and extent of redirect examination, and a
wide latitude should be extended in the redirect examination as to new matters.
As a general rule the direct examination should not be allowed to

extend to matters which properly form a part of the case in chief, but were not
brought out on direct examination or touched on in cross-examination, and such
matters are properly excluded, particularly if there is no explanation as to why the
question was not asked on direct.
d. Techniques In Conducting Redirect Exam
The successful redirect examination is that which explains and neutralizes

the apparent contradictions, admissions, or apparently false statements
developed by the prosecutor on his cross-examination, in order to conduct a
successful redirect examination, if one becomes necessary, you must
concentrate as strongly during the cross-examination of your witnesses as
you do during the direct examination of prosecution witnesses. A truly
effective cross-examination may well have caused your witness to lose his
composure. If such is the case, restore his confidence at the outset of the
redirect examination.
e. Re-cross-Examination, Generally.
Upon the conclusion of the redirect examination, the adverse

party may re-cross-examine the witness on matters stated in his redirect
examination, and also on such matters as may be allowed by the court in its
discretion.
Re-cross-examination relative to testimony on redirect is proper.
A trial court has been held well within its discretion in closing repetitious inquiry,
upon re-cross-examination, into a collateral matter which has been thoroughly
developed upon previous cross-examination and re-cross-examination.
f. Techniques In Re-cross-Examination
Re-cross-examination is nothing more than a minuscule cross-

examination, so that the techniques of successful cross-examination earlier
discussed are equally applicable in re-cross.
Recall Of Witnesses.
After the examination of witness by both sides has been concluded, the
witness cannot be recalled without leave of court. In other words, a party
who has examined a witness is not entitled as a matter of right to recall
him; nor may a party reserve the right to recall a witness for reexamination,
without the consent of the opposing party. Permission to recall a witness
should be sought by special application.
4.5) Oral Arguments And Memoranda
a. Preliminary Statement
An oral argument is one way of driving home a point to

obtain a favorable judgment. As such, oral argument should be governed
by the same basic rules on the preparation of the complaint and the
answer, as discussed before, in that the facts must be methodically and
chronologically arranged and the language used though emphatic must
respectful, tending to evoke sympathy for a wrong done to the client.
The Importance Of Oral Argument
b. Some lawyers feel that oral argument is unimportant, because

the judge will study the brief. The brutal, hard fact of the matter is that
cases frequently are won and lost on oral arguments. However, the
foregoing observation may not be exactly true in the trial of cases before
our courts but it serves to underscore the importance of oral arguments.
This is because in an oral argument, a lawyer can put more emphasis
upon an important fact which the judge, by relying only on the records of
the case, may overlook. Besides the evidence or records of the case will
be more graphic if it is given life in the oral argument.
c. Preparation For Oral Argument
The preparation for oral argument should begin with a

thorough understanding of all of the facts of the case. This should include
not only the major facts, but all the facts having any bearing upon the
issues. One should be able to turn at any time to the appropriate portion of
the record to support his contention as to the facts. One should know the
law as well, and the relationship between the law and the facts. Time will
be well spent in the preparation of an oral argument and its organizations
in a way that will attract the interest of the judge to the peculiar problems in
the case and the proper solution.
d. Basic Principles Of Oral Argument
An effective oral argument should observe the fundamentals of good
public speaking. One must speak in a way that will allow him to be heard and
understood. He must be himself and not blindly try to adopt the mannerism of others. He
should talk with emphasis and avoid a monotone. The following eight (8) requisites of
good argumentative delivery;
d.1). The speaker must be sincere, have interest, feeling and enthusiasm;
d.2).The speaker must be audible;
d.3). The speaker’s diction must be clear;
d.4). The rate of speech should neither be too fast nor too slow;
d.5). The speaker must talk directly to the judge;
d.6). The speaker must pace himself in order to finish a point and
speech within the allotted period of time;
d.7). Reasonable animation is important. This includes facial expression,
gestures and body movement;
d.8). The speaker must speak in a manner that is impressive.
e. Argue First Your Case
To begin with your arguments, the lawyer may open his

argument with a carefully selected passage from a known work of a familiar
personality of excellent refute. A quotation from the Holy Scriptures or a
statement of some pithy remarks from a noted personality may be
productive, for thereby he might have already drawn the attention of the
judge. There from, he may proceed with the statement of the case.
Remember always that the judge presiding over the trial is a man of great
legal learning, not a barely literate man from some rustic town.
f. Argue On The Weakness Of Your Opponent’s Theory.
After establishing the strength of your theory, it is now

your duty to impress upon the court that your case remains unchallenged
by pointing out the weakness of the other side. It is incumbent upon you to
scrutinize the evidence of your opponent to show their weakness for being
contradictory to each other; that they are immaterial; that they are
improbable; that they are not the best evidence; and that they are contrary
to the natural course of things or human behavior. in proper cases, stress
the inapplicability of the law and authorities to your opponent’s case.
g. Conclusion
Having discussed the strength of your case and the

weakness of your opponent’s you can now make your conclusion that the
evidence and the law justify a decision in your favor. End your argument
with a prayer for relief as stated in your complaint or answer and finally
conclude it with an appropriate general maxim, preferably in Latin.
h. Waiver Of Oral Argument
It is a common practice nowadays for lawyers to ask time

within which to file a memorandum, instead of opting for oral argument.
This is simply due to the fact that memorandum is permanent while oral
argument is only temporary. The judge may easily forget what was
discussed in the oral argument but not those in the memorandum.
As a final reminder, where you feel you can argue better

than your opponent, insist on an oral argument. If not, better waive it. Just
submit the case with or without a memorandum.
i. Preparation Of Memorandum
The basic principles governing good oral arguments are

equally applicable in drafting effective memoranda. clarity, logic,
coherence, conciseness and perhaps, elegance. Out of all which a good
oral argument is forged, are the self-same qualities that characterize a
good memorandum. In making a good memorandum, the common forms
of caption and title, the case, the evidence, the issues, discussion,
prayers and proof of personal service.
4.6 Judgment And Appeals
a. Judgment, Generally
The law’s last word in a judicial controversy is called the

judgment. It is the final consideration and determination of a court of
competent jurisdiction upon the matters submitted to it in an action or
proceeding; or the conclusion of the law upon the matters contained in
the record, or the application of the law to the pleadings and to the
facts, as found by the court or admitted by the parties, or deemed to
exist upon their default in a course of judicial proceedings.
b. Forms Of Judgment
A judgment contains three parts: one, the opinion of the court;

two, the disposition of the case; and three, the signature of the judge
without which there is no judgment at all. The opinion of the court is that
portion of the judgment containing the findings of facts and conclusions
of law of the court. The disposition of the case is that part of the judgment
containing the final and actual disposition and adjudication of the rights
litigated. These two parts, findings and disposition, are essential to the
validity of a judgment. A judgment without findings should be set aside
and the case remanded to the trial court for the making of the findings.
c. Rules Governing Judgments In Criminal Cases
Judgment Must Be In Writing. Under the rules, the

judgment must be written, personally and directly prepared by the
judge and signed by him. A judgment rendered verbally without
prejudice to put it subsequently in writing, however, is not absolutely
void because such a defect does not divest the trial court of its
jurisdiction acquired over the offense and the person of the defendant.
The proper remedy therefore, then, is to appeal from said judgment or
to file a petition for mandamus to compel the court to put the decision
in writing.
d. Judgment Must Be Prepared By The Judge
Not only must the judgment be in writing; it is essential

that the same be prepared directly and personally by the judge and
signed by him (Binabay vs. people, 37 SCRA 445; Cabarroquis vs.
San Diego, supra). Furthermore, the judgment must be signed by the
judge of the court where the action is pending, not by any other judge.
e. Judgment Must Contain Statements Of Facts And Law.
Every decision of the court of record shall clearly and

distinctly state the facts and the law on which it is based. But when the trial
court failed not only to make a finding of facts but failed to state the kind of
punishment inflicted or the provision of the penal code under which it was
imposed, the case must be remanded to it, with instructions to formulate a
statement of facts and impose the proper penalty in accordance with the
decision, As stated in Alindogan vs. insular Government (15 Phil.168), a
failure on the part of the trial court to make a findings of facts upon which it
based the decision is a revocable error.
f. Judgment Of Conviction, Requirements
If the judgment is one of conviction, the same shall state; (a) the
legal qualification of the offense constituted by the acts committed by the
accused, and the aggravating circumstances attending the commission
thereof, if there are any; (b) the participation of the accused in the
commission of the offense, whether as principal, accomplice, or accessory
after the fact; (c) the penalty imposed upon the accused by the wrongful
act to be recovered from the accused by the offended party, if there is any
unless the enforcement of the civil liability by the a separate action has
been reserved or waived.
g. Judgment Must Specify The Participation Of The

Defendant In The Commission Of The Offense.
It is required by the rules that the decision must specify
the exact degree of a defendants participation in the commission of the
felonious acts, whether as principal, accomplice or accessory after the
fact. If all the defendants, for example, committed the crime in pursuance
of conspiracy, all of them must be deemed principals.
Where, however, two persons were charged of murder,
but the qualifying circumstance (e.g., treachery) was found to be imputable
to one accused alone, it is not improper to hold the latter guilty of murder
and the other only of homicide (People vs. Carandang, 54 Phil. 503;
People vs. Sagre, 89 SCRA 570).
h. Judgment Must Specify The Penalty
The decision of the court in criminal cases should contain a

statement of the facts upon which the judgment of conviction is based
and should describe the penalty imposed. The penalty should not be
imposed in the alternative. There is nothing in the law which permits the
courts to impose sentences in the alternative. The sentence should not
only show the facts upon which the defendant is found guilty, but should
clearly indicate the particular crime of which he is found guilty, as well as
definitely and positively and without doubt to indicate the penalty
imposed.
i. Judgment Of Acquittal.
The general rule is that the court is not without authority to

express its disapproval of certain acts of the accused even if the judgment
is one of acquittal. There is no law prescribing what a judge may say and
what he may not say in his decision. Such a law would make the judge a
mere phonograph whereas common sense dictates that he will be given
complete liberty to express his opinion, unrestrained by any fear that a
higher court might call him down.
j. Award Of Indemnity To Offended Party In Spite Of Acquittal
In case of acquittal, unless there is a clear showing that the

act from which the civil liability might arise did not exist, the
judgment must make a finding on the civil liability of the accused in
favor of the offended party (Section 2, last par., Rule 120, supra).
The rationale for this rule was succinctly announced in Padilla vs.
Court of Appeals (129 SCRA 558).
k. Rendition And Promulgation Of Judgment
Under the new rules on criminal procedure, promulgation of

judgment (which is an official proclamation or announcement of a
judgment or order) is conducted by reading the same in the presence of
the accused and any judge of the court in which it was rendered, or
when the judgment is for a light offense, in the presence of defendant’s
counsel or representatives (Section 6, Rule 120, 1995 Rules on Criminal
procedure). A judgment or sentence does not become a judgment or
sentence in law until the same has been read or announced to the
defendant or has become a part of the record of the court.
l. Promulgation In Absentia
There are two instances when judgment may be promulgated

even without the personal presence of the accused, (1) when the
judgment is for a light offense, in which case, the accused counsel
may stand in for him and (2) in case where despite due notice to the
accused or his bondsman or warden and counsel, the accused failed
to appear at the promulgation of the decision. The evident purpose of
this latter exception, which is a new provision, is to afford the offended
party the opportunity to enforce the award of civil indemnity which
could not otherwise be effected if the decision cannot be pronounced
on account of the absence of the accused.
n. Judgment Must Be Clear And Complete
To avoid uncertainty and delay in the disposition of cases,

judgment must be clear and complete. For instance, in a case
the trial court’s decision defining rightly the rights of both parties
under Articles 361 and 453 of the old Civil code, it does not
accord with the dignity and solemnity of judicial proceedings that
parties should be made to act on the basis of court orders that do
not state exactly and correctly what is meant by the court
whether what is intended is legally tenable or not.
COURT OBSERVATION- Practical Exercise

Summary:
In this module, the participant’s student an investigator has come

to know that in legal battles, a person’s life, right, liberty or property is at
stake. The police investigators and police lawyer are duty-bound to handle
cases with meticulous care. It is of common knowledge that numerous
cases which have been meritorious were lost even before trial
commenced, for having been trapped in a web of technicalities. Some
were jeopardized because the pleadings or testimonies presented before
the court were short on important details.
FILING OF CRIMINAL COMPLIANT
1. Know how to prepare a complaint sheet, affidavit of arrest

and other documentary requirements needed in the filing of criminal
complaint;
2. Have a clear picture of the case in consultation with the
prosecutors;
3. List down persons authorized to conduct preliminary
investigation and the procedure to be undertaken;

4. Distinguish criminal cases cognizable by Municipal Trial Court
(MTC), Municipal Circuit Trial Court (MCTC), Municipal Trial Court in the
City (MTCC) and Regional Trial Court (RTC) which need preliminary
investigation by reason of the imposable penalties and criminal cases
falling under summary proceedings; and
5. Familiarize inquest proceedings and know the duty of the

inquest officer;
1. Initiation of Criminal Complaint

1) 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
2) Information. - is an accusation in writing charging a person with
an offense, subscribed by the prosecutor and filed with the court
3) Criminal Action. - is one by which the State prosecutes a
person for an act or omission punishable by law.
4) Felonies. - are acts or omissions punishable by law.
5) Jurisdiction. - is the inherent power of a court to hear,
try, and decide a case.
6) Venue. - refers to the place where the action is to be
instituted and tried. One dictionary defines venue as: "The
locality in which cause for legal action occurs; the locality or
country in which a case is tried and from which a jury is
impaneled"
b. Formal Requisites of Complaint/Information

The complaint or information shall be in writing, in the name of the
People of the Philippines and against all persons who appear to be
responsible for the offense involved.
c. Sufficiency of complaint or information
A complaint or information is sufficient if it states the name of the
accused; the designation of the offense given by the statute; the acts or
omissions complained of as constituting the offenses; the name of the
offended party; the approximate date of the commission of the offense; and
the place where the offense was committed.
When an offense is committed by more than one person, all of them
shall be included in the complaint or information.
d. Institution of Criminal Actions
Criminal actions shall be instituted as follows:
1) For offenses where a preliminary investigation is required
pursuant to section 1 of Rule 112, by filing the complaint with the proper
officer for the purpose of conducting the requisite preliminary
investigation.
2) For all other offenses, by filing the complaint or information
directly with the Municipal Trial Courts and Municipal Circuits Trial Courts,
or the complaint with the office of the prosecutor. In Manila and other
chartered cities, the complaint shall be filed with the office of the
prosecutor unless otherwise provided in special laws.
e. Effect of Institution of Criminal Action

The institution of the criminal action
shall interrupt the period of prescription of
the offense charged unless otherwise
provided in special laws.
f. Place where the action is to be instituted
1. Subject to existing laws, the criminal
action shall be instituted and tried in the
court of the municipality or territory where
the offense was committed or where any of
its essential ingredients occurred;
2. Where an offense is committed in a train, aircraft, or other public

or private vehicle in the course of its trip, the criminal action shall be
instituted and tried in the court of any municipality or territory where said
train, aircraft, or other vehicle passed during its trip, including the place of
departure and arrival;
3. Where an offense is committed on board a vessel in the course
of its voyage, the criminal action shall be instituted and tried in the court of
the first port of entry or in any municipality or territory where the vessel
passed during such voyage, subject to the generally accepted principles of
international law.
4. Crimes committed outside the Philippines but punishable under
Article 2 of the Revised Penal Code shall be cognizable by the court where
the criminal action is first file.
g. Jurisdiction
The RTCs have jurisdiction over
criminal cases where the law imposes the
penalty of imprisonment over six (6) years.
The MTCs, MTCCs and MCTCs

have jurisdiction over criminal cases where
the law imposes the penalty of
imprisonment not exceeding six (6) years.
The MTCs, MTCCs and MCTCs have jurisdiction over criminal cases subject
to the REVISED RULE ON SUMMARY PROCEDURE, as hereunder enumerated:
1. Violations of traffic laws, rules and regulations;
2. Violations of the rental laws;
3. Violations of municipal or city ordinance;
4. All other criminal cases where the penalty prescribed by law
for the offense charged is imprisonment not exceeding six (6) months, or a fine
not exceeding one thousand pesos (P 1,000), or both, irrespective of other
imposable penalties, accessory or otherwise, or of the civil liability arising there
from: Provided, however, That in offenses involving damage to property
through criminal negligence, this Rule shall govern where the imposable fine
does not exceed ten thousand pesos (P10, 000.00).
h. Kinds of Evidence
1. Object or Real Evidence. - Objects as evidence are those
addressed to the senses of the court. When an object is relevant to
the fact in issue, it may be exhibited to, examined or viewed by the
court.
2. Documentary Evidence. - Documents as evidence consist
of writings or any material containing letters, words, numbers, figures,
symbols or other modes of written expressions offered as proof of
their contents.
3. Testimonial Evidence. - consisting of testimonies of any
person who can perceive, and perceiving, can make known his
perception to others.
2. Consultation with the Prosecution

a. General Rule on Prosecution of Criminal Actions
All criminal actions commenced by a complaint or information shall
be prosecuted under the direction and control of the prosecutor.
b. Exceptions
In case of heavy work schedule of the public prosecutor or in the
event of lack of public prosecutors, the private prosecutor may be
authorized in writing by the Chief of the Prosecution Office or the Regional
State Prosecution to prosecute the case subject to the approval of the
Court. Once so authorized to prosecute the criminal action, the private
prosecutor shall continue to prosecute the case up to the end of the trial
even in the absence of a public prosecutor, unless the authority is revoked
or otherwise withdrawn.
c. Specific rules, guidelines and circulars
The crimes of adultery and concubinage

shall not be prosecuted except upon a
complaint filed by the offended spouse. The
offended party cannot institute criminal
prosecution without including the guilty
parties, if both are alive, nor, in any case, if
the offended party has consented to the
offense or pardoned the offenders.
c. Specific rules, guidelines and circulars

The offenses of seduction, abduction and
acts of lasciviousness shall not be prosecuted
except upon a complaint filed by the offended
party or her parents, grandparents or guardian,
nor, in any case, if the offender has been
expressly pardoned by any of them. If the
offended party dies or becomes incapacitated
before she can file the complaint, and she has
no known parents, grandparents or guardian,
the State shall initiate the criminal action in her
behalf.
The offended party, even if a minor, has the right

to initiate the prosecution of the offenses of
seduction, abduction and acts of lasciviousness
independently of her parents, grandparents, or
guardian, unless she is incompetent or incapable of
doing so. Where the offended party, who is a minor,
fails to file the complaint, her parents, grandparents,
or guardian may file the same. The right to file the
action granted to parents, grandparents, or guardian
shall be exclusive of all other persons and shall be
exercised successively.
No criminal action for defamation which

consists in the imputation on any of the
offenses mentioned above shall be brought
except at the instance of and upon complaint
filed by the offended party.
The prosecution of complaints for violation of

special laws shall be governed by their
provisions thereof.
Preliminary Investigation
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.
b. Preliminary Investigation, when mandatory - A preliminary
investigation is required to be conducted before the filing of a complaint or
information for an offense where the penalty prescribed by law is at least four
(4) years, two (2) months and one (1) day without regard to the fine.
c. Cases where Preliminary Investigation is not required - Where
the penalty imposable by law for the crime or offense committed is less than
four (4) years, two (2) months and one (1) day, preliminary investigation is not
mandatory.
Where the penalties imposable by law are: (a) arresto menor - one (1) day
to thirty (30) days; or arresto mayor - one (1) month and one (1) day to six
(6) months no preliminary investigation but referral to the Lupon under P.D.
1508 (Katarungang Pambarangay Law) is required.
d. Officers authorized to conduct Preliminary Investigation
The following may conduct preliminary investigations:
1) Provincial or City Prosecutors and their assistants;

2) National and Regional State Prosecutors; and
3) Other officers as may be authorized by law.
Procedure in the conduct of Preliminary Investigation
1. The complaint shall state the address of the respondent and

shall be accompanied by the affidavits of the complainant and his
witnesses, as well as other supporting documents to establish probable
cause. They shall be in such number of copies as there are respondents,
plus two (2) copies for the official file. The affidavits shall be subscribed
and sworn to before any prosecutor or government official authorized to
administer oath, or, in their absence or unavailability, before a notary
public, each of whom must certify that he personally examined the affiants
and that he is satisfied that they voluntarily executed and understood their
affidavits.
2. Within ten (10) days after the filing of the complaint, the investigating
officer shall either dismiss it if he finds no ground to continue with the investigation,
or issue a subpoena to the respondent attaching to it a copy of the complaint and
its supporting affidavits and documents.
The respondent shall have the right to examine the evidence submitted
by the complainant which he may not have been furnished and to copy them at his
expense. If the evidence is voluminous, the complainant may be required to
specify those which he intends to present against the respondent, and these shall
be made available for examination or copying by the respondent at his expense.
Objects as evidence need not be furnished a party but shall be made

available for examination, copying, or photographing at the expense of the
requesting party.
3. Within ten (10) days from receipt of the subpoena with the
complaint and supporting affidavits and documents, the respondent shall
submit his counter-affidavit and that of his witnesses and other supporting
documents relied upon for his defense. The counter-affidavits shall be
subscribed and sworn to and certified as provided in paragraph (1), with
copies thereof furnished by him to the complainant. The respondent shall
not be allowed to file a motion to dismiss in lieu of a counter-affidavit.
4. If the respondent cannot be subpoenaed, or if subpoenaed,
does not submit counter-affidavits within the ten (10) day period, the
investigation officer shall resolve the complaint based on the evidence
presented by the complainant.
5. The investigation officer may set a hearing if there are facts and
issues to clarify from a party or a witness. The parties can be present at the
hearing but without the right to examine or cross-examine. They may,
however, submit to the investigating officer questions which may be asked
to the party or witness concerned.
The hearing shall be held within ten (10) days from the submission
of the counter-affidavits and other documents or from the expiration of the
period for their submission. It shall be terminated within five (5) days.
6. Within ten (10) days after the investigation, the investigating
officer shall determine whether or not there is sufficient ground to hold the
respondent for trial.
Inquest Proceeding
a. Inquest proceeding, defined. - It is an informal and summary
investigation conducted by a public prosecutor in criminal cases involving
persons arrested and detained without the benefit of a warrant of arrest
issued by the court for the purpose of determining whether or not said
person should remain under the custody and correspondingly be charged
in court.
b. Purpose; Duty of Inquest Officer - The initial duty of the
inquest officer is to determine whether or not the arrest of the detained
person was made in accordance with paragraphs (a) and (b) of Section 5,
Rule 113 of the Rules on Criminal Procedure, which provides that an arrest
may be effected without the benefit of warrant issued by a competent court.
c. How inquest proceedings commenced - The inquest

proceedings are commenced upon receipt by the Inquest Officer from the
law enforcement authorities of the complaint or referral documents to
include the following:
 Affidavit of Arrest;
 Investigation Report;
 Statement of the complainant and witnesses;
 Other supporting evidence gathered in the course of
the investigation (e.g. Certifications, photos, object or
real evidence);
 Criminal Incident involving the arrested or detained
person.
Inquest Proper
If the detention prisoner does not invoke his

right to a preliminary investigation of if the detainee
refuses to execute a waiver of the provisions of Article
125 of the Revised Penal Code, as amended, the
inquest officer shall then proceed with the inquest by:
 Examining the affidavits/sworn statement of the

complainant and his witnesses as well as other
supporting evidence to determine the existence
of probable cause;
 If probable cause is established, the inquest officer shall then proceed to

prepare his resolution on inquest/recommendation as well as the
corresponding information in order that the same may be filed in court; the
records of the case are then forwarded to the Chief State
Prosecutor/Provincial/City Prosecutor for his appropriate action;
If however, the inquest officer finds no probable cause, he/she will then
recommend in writing to the Chief State Prosecutor/Provincial/City Prosecutor
for the release of the detained person. If the same is approved, then the order
of release shall be served upon the officer having custody of said detained
person. If on the other hand, his/her recommendation for release is denied, the
Chief State Prosecutor/Provincial/City Prosecutor shall file the information or
cause the filing by any assistant prosecutor to whom the case may be
assigned. In the meantime, the respondent shall remain under detention.

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CRIME SCENE DO NOT CROSS CRIME SCENE DO NOT CROSS

At the end of this subject, the participants will be able to:

At the end of this subject, the participants will

4. Enhance the ability of the investigator to

5. Familiarize with Investigation Plan and

PROCEDURE IN INVESTIGATIVE PLAN

INVESTIGATION PLAN – It is the strategic plan that require

IV. CONTINGENCY – Barriers or problems that may arise during the

VI. COMMAND AND COMMUNICATIONS – Proper coordination of

INVESTIGATION MANAGEMENT SYSTEM – It is the over-all

Investigation Management System consists of:

SAMPLE FORM OF EVIDENCE MATRIX

ALLEGATION OFFENCE ELEMENTS/FACTS AVENUE OF

2. Resource Spread Sheet

SAMPLE FORM OF RESOURCE SPREAD SHEET

How the elements

3. Lead Sheet (Follow-up Investigation/Information Sheet)

It is the follow up investigation information sheet

Case: Murder Secure the Datu Unsay Ms. Nena To include

4. Standard Tactical Plan

4. Standard Tactical Plan

4. Standard Tactical Plan

This include their respective call sign,

Member/s Task Call Sign Communication Equipment Special Note

Follow-up Entry team Mobile phone: Tape Follow-up

5. Major Investigation Plan

It is an over-all plan of action in

5. Major Investigation Plan

 A strategic planning tool used to manage investigations

 Based on the SMECAC principle

 Encourages managers to consider the quality of results

At the end of this subject, the participants will be able to:

1. Witness - any person who possess information or knowledge of the

7. Miranda Doctrine – a principle on the right of the suspect from

B. Witness processing for Testimonial Evidence

b. Conduct of elicitation on the

c. Background check of both the

B. Witness processing for Testimonial Evidence

2. Structured and Unstructured Interview (interrogation)

a. Suspects are brought to station for

B. Witness processing for Testimonial Evidence

B. Witness processing for Testimonial Evidence

3. Taking of sworn statement

a. Taking of the dying declaration of the victim at the crime

REQUISITES OF DYING DECLARATION

BASIC PARTS OF A DYING DECLARATION:

The statement of the victim should be in a language understood

1) The title or identification of the statement containing the name and

BASIC PARTS OF A DYING DECLARATION:

At the end of this lesson, participants will be able to learn

At the end of this subject, the participants will be able to:

3. Familiarization on the application of search warrant and

Warrant of Arrest is an order in writing issued in the name

A search warrant is an order in writing issued in the name

Rights of a person under arrest or Custodial investigation:

Arrest, how made: (Sec. 2)

It shall be the duty of the officer executing the

Execution of warrant: (Sec.4)

Time of making arrest: (Sec. 6)

Method of arrest by officer by virtue of warrant: (Sec.7)

Method of arrest by officer without warrant: (Sec. 8)

Method of arrest by private person: (Sec.9)