Criminal Investigation Course

Class 575-2018

By: ATTY. JANE LANCIE H. DIMACULANGAN

Public Attorney II, Batangas City District Office
Please State your position.

Do you consider yourself a

PUBLIC Officer or Employee?
WITNESS PROCESSING
 WITNESS
A witness is someone who has, who claims to have, or is
thought, by someone with authority to compel
testimony, to have knowledge relevant to an event or
other matter of interest.

In law, a witness is someone who, either voluntarily or

under compulsion, provides testimonial evidence, either
oral or written, of what he or she knows or claims to
know about the matter before some official authorized to
take such testimony. (Wikipedia)
 PERCIPIENT WITNESS OR
“EYEWITNESS”
A percipient witness or eyewitness is one who testifies
what they perceived through his or her senses (e.g. seeing,
hearing, smelling, touching). That perception might be
either with the unaided human sense or with the aid of an
instrument, e.g., microscope or stethoscope, or by other
scientific means, e.g. a chemical reagent which changes
color in the presence of a particular substance.
(Wikipedia)
What role do law enforcers play in witness
processing?
As POLICE OFFICERS, you are usually one of the
persons to have initial contact with the witnesses.

Witnesses play a vital role in uncovering the truth about a

crime. The evidence they provide can be critical in
identifying, charging, and ultimately convicting criminals.
That is why it is absolutely essential that evidence be
accurate and reliable. One way of ensuring investigators
obtain the most accurate and reliable evidence from
witnesses is to follow sound protocols during
investigations.
 Police Investigation in the Philippines

In 2011, the PNP Criminal Investigation Manual was

developed. It details the protocols to be followed in
investigating crimes.
Responding to Initial Report
of an Incident
 Duties of the First Responder

• Proceed to the crime scene to validate the information

received;
• Record the exact time of arrival and all pertinent data
regarding the incident in his issued pocket notebook;
• Cordon off the area and secure the crime scene with a
police line or whatever available material like ropes,
straws or human as barricade to preserve its integrity;
Duties of the First Responder, continued…

• Check whether the situation still poses imminent

danger and call for back up if necessary;
• Identify possible witnesses and conduct preliminary
interview and ensure their availability for the
incoming investigator-on-case;
• Arrest the suspect/s if around or in instances wherein
the suspect/s is fleeing, make appropriate notification
for dragnet operations;
Duties of the First Responder, continued…

• Prepare to take the “Dying Declaration” of severely

injured persons with the following requisites:
• That death is imminent and the declarant is conscious
of that fact;
• That the declaration refers to the cause and
surrounding circumstances of such death;
• That the declaration relates to facts which the victim is
competent to testify to; and
• That the declaration is offered in a case wherein the
declarant’s death is the subject of the inquiry. (Section
37, Rule 130 of the Rules of Court).
Duties of the First Responder, continued…

• Evacuate the wounded to the nearest hospital using

emergency services;
• Account for the killed, wounded and arrested persons
for proper disposition;
• Conduct initial investigation;
Duties of the First Responder, continued…

• Brief the investigator-on-case upon arrival and turn

over the crime scene;
• Conduct inventory on the evidence taken at the crime
scene (Inventory receipt should be properly signed by
the first responder, SOCO and the investigator).
 Duties and Responsibilities of the Investigating
Team
• Take full control of the crime scene to include the
conduct of crime scene search; taking of photographs;
making sketches; lifting of fingerprints; markings of
physical evidence; (Chain of custody)* the transmittal
of evidence to crime laboratory; interview of
witnesses; gathering and evaluation of evidence;
follow-up of the case and the documentation and filing
of appropriate charges in court.
• Establish a command post in the immediate vicinity of
the crime scene.

*Sec. 21, RA 9165, PP vs. Dante Dumalag, April 17, 2013

 Duties and Responsibilities of the Investigating
Team, continued…

• Designate a holding area in the immediate vicinity of

the crime scene (for the media, VIPs and other
personalities present);
• Conduct case conference with the first responder,
SOCO, other law enforcers and rescue personnel;
• Note any secondary crime scene (if situation
requires);
• Release the crime scene after investigation.
 Taking of Sworn Statement/s of the Witnesses

• Sworn Statement or Affidavit of complainant/s and

witness/es must be taken immediately by the
investigator-on-case.
• Affidavit of Arrest of arresting officers must be taken
immediately not later than 24 hours.
• In Inquest cases, the investigator-on-case and the
arresting officer/s shall observe Art. 125 of the RPC.
Is there a difference between a
complaint and an
information?
Procedures for Interviewing of
the Witness by the
Investigator
 A. Pre-Interview Preparations and
Decisions
Procedure: Prior to conducting the interview, the
investigator should –

Review available information.

Plan to conduct the interview as soon as the witness is

physically and emotionally capable.
 A. Pre-Interview Preparations and
Decisions, continued…
Select an environment that minimizes distractions
while maintaining the comfort level of the witness.

Ensure resources are available (e.g., notepad, tape

recorder, camcorder, interview room)
 A. Pre-Interview Preparations and
Decisions, continued
Separate the witnesses.

Determine the nature of the witness’s prior law

enforcement contact.
 A. Pre-Interview Preparations and
Decisions, continued…
Summary: Performing the above pre-interview
preparations will enable the investigator to elicit a greater
amount of accurate information during the interview,
which may be critical to the investigation.
B. Initial (Pre-interview) Contact With the
Witness
Procedure: On meeting with the witness but prior to
beginning the interview, the investigator should —-
•Develop rapport with the witness.
 B. Initial (Pre-interview) Contact With the
Witness, continued…
• Inquire about the nature of the witness’ prior law
enforcement contact related to the incident.
• Volunteer no specific information about the suspect or
case.
B. Initial (Pre-interview) Contact With the
Witness, continued
Summary: Establishing a cooperative relationship with
the witness will likely result in an interview that yields a
greater amount of accurate information.
 C. Conducting the Interview

There are four (4) basic principles of interviewing

cooperative witnesses:
•Social dynamics between the interviewer and witness.

•Facilitation of the witness’ memory and thinking.

•Communication between the interviewer and witness.

•Sequence of the interview.

 C. Conducting the Interview,
continued…
Principle 1:
•Social dynamics between the interviewer and witness.
 C. Conducting the Interview,
continued…
Principle 2:
•Facilitation of the witness’ memory and thinking.
 C. Conducting the Interview,
continued…
Principle 3:
•Communication between the interviewer and witness.
 C. Conducting the Interview,
continued…
Principle 4:
•Sequence of the interview.
 C. Conducting the Interview,
continued…
Procedure: During the interview, the investigator should
–
•Encourage the witness to volunteer information without
prompting.
•Encourage the witness to report all details, even if they
seem trivial.
 C. Conducting the Interview,
continued…
• Ask open-ended questions (e.g., “What can you tell
me about the car?”) and augment with closed-ended,
specific questions (e.g., “What color was the car?”).
• AVOID leading questions (e.g., “Was the car red?”).

How about a MISLEADING question?

 C. Conducting the Interview,
continued…
• Caution the witness not to guess.
• Ask the witness to mentally recreate the
circumstances of the event (e.g., “Think about your
feelings at the time”).
• Encourage nonverbal communication (e.g., drawings,
gestures, objects).
 C. Conducting the Interview,
continued…
• Avoid interrupting the witness.
• Encourage the witness to contact investigators when
additional information is recalled.
 C. Conducting the Interview,
continued…
• Instruct the witness to avoid discussing details of the
incident with other potential witnesses. *Res Inter
Alios Acta, sec.28, R130
• Encourage the witness to avoid contact with the media
or exposure to media accounts concerning the
incident.
• Thank the witness for his/her cooperation.
 C. Conducting the Interview,
continued…
Summary: Information elicited from the witness during
the interview may provide investigative leads and other
essential facts. The above interview procedures can
enable the witness to provide an accurate, complete
description of the event and encourage the witness to
report later recollections. Witnesses commonly recall
additional information after the interview that may be
critical to the investigation.
 D. Recording Witness Recollections

Procedure: During or as soon as reasonably possible after

the interview, the investigator should?
•Document the witness’ statements (e.g., audio or video
recording, stenographer’s documentation, witness’ written
statement, written summary using witness’ own words).
D. Recording Witness Recollections, continued…

• Review written documentation; ask the witness if

there is anything he/she wishes to change, add, or
emphasize.
D. Recording Witness Recollections, continued…

Summary: Complete and accurate documentation of the

witness’ statement supports a successful investigation and
any subsequent court proceedings.
 E. Assessing the Accuracy of Individual
Elements of a Witness’ Statement

Procedure: After conducting the interview, the

investigator should —
•Consider each individual component of the witness’
statement separately.
 E. Assessing the Accuracy of Individual
Elements of a Witness’ Statement, continued…

• Review each element of the witness’ statement in the

context of the entire statement. Look for
inconsistencies within the statement.
• Review each element of the statement in the context
of evidence known to the investigator from other
sources (e.g., other witnesses’ statements, physical
evidence).
 E. Assessing the Accuracy of Individual
Elements of a Witness’ Statement, continued…

Summary: Point-by-point consideration of the accuracy

of each element of a witness’ statement can assist in
focusing the investigation. This technique avoids the
common misconception that the accuracy of an individual
element of a witness’ description predicts the accuracy of
another element.
 F. Maintaining Contact With the Witness

Procedure: During post-interview, follow-up contact

with the witness, the investigator should —-
•Reestablish rapport with the witness.

•Ask the witness if he/she has recalled any additional

information.
 F. Maintaining Contact With the Witness,
continued…
• Follow interviewing and documentation procedures in
subsections C. Conducting the Interview, and D.
Recording Witness Recollections.
• Provide no information from other sources.
 F. Maintaining Contact With the Witness,
continued…
Summary: Reestablishing contact and rapport with the
witness often leads to recovery of additional information.
Maintaining open communication channels with the
witness throughout the investigation can lead to
additional evidence.
COMMON
INVESTIGATION
OVERSIGHTS
that are likely to affect Witness Processing
Incomplete Case Folder – lack of material
documentation of the case under investigation.

Recommended Remedies – include the police reports in

chronological order such as police blotter, spot, progress
and final investigation report. Also, append the scene of
crime operation reports, forensic reports and photographs.
Further, if possible, attach the profile of victim/s and
suspect/s, as well as the status of the party involved and
the case.
No template for the conduct of investigation – police
personnel are not knowledgeable about crime scene
preservation and basic investigation.

Recommended Remedies – every police personnel

should mandatorily undergo investigation training giving
priority to those in the field units.
Inadequacy of coordination – the SOCO, investigators,
prosecutors and other concerned agencies work separately
and independently in the conduct of their investigation.

Recommended Remedies - case conferences should be

encouraged at the start of the investigation. The
conferences should be attended by the SOCO,
investigators, prosecutors, IBP lawyers and other
concerned agencies in order to ensure the coordinated
actions in the preparation of an airtight case folder.
Failure to prosecute – pertains to absence of police
investigator during trial to act as prosecutor’s witness due
to retirement and transfer of concerned investigator.

Recommended Remedies – proper turn-over of case

folders handled by investigators who shall retire or be
transferred, as requisite before the issuance of office
clearance.
Chain of Custody – non-observance of proper
documentation in the turn-over of evidence from one
officer to another or one office to another.

Recommended Remedies – documentation on the turn–

over of evidence with actual receipt should be observed
and non-observance should be the basis for administrative
sanctions.
Less appreciation of electronic evidence – police
investigators take for granted that electronic devices such
as cellphones, computers and other electronic devices can
be processed to give investigative leads.

Recommended Remedies – proper training on the

preservation and processing of electronic devices should
be prioritized for all investigators in the field.
End of lecture
Thank you.

Sources: Eyewitness Evidence prepared by the National Institute of Justice, U.S. Department of Justice;
Wikipedia; PNP Investigation Manual of 2011