RUNS ON FOR

MIDTERM
EXAMINATION
Arrest - is referred to as taking a person suspected to have committed an act to which the law
defines it as a crime into the custody of any law enforcement agency that has the authority to do
so in order to answer queries in line with the matters concerning the commission of a crime.

Rules of Court (Section 1, Rule 13) -define arrest as the taking of a person into the custody of law
in order that he may be bound to answer for the commission of an offense.

A warrant of Arrest - is a document from the court ordering and directing any law enforcer to
apprehend and detain any person whose name will appear in the warrant for him to answer
matters regarding the commission of a crime. Any person suspected to have committed a crime
can only be lawfully arrested after securing a warrant.

Warrant - means as the permit given by the court for a particular purpose.

Search Warrant -(legal definition Sec 1, Rule 26 of Rules of Court)) an order in writing issued in
the name of the People of the Philippines, signed by the judge and directed to a peace officer,
commanding him to search for personal property described herein and bring it before the court.
A PERSON CAN ALSO BE LAWFULLY ARRESTED
BY VIRTUE OF WARRANTLESS ARREST

Warrantless Arrest -is defined as an arrest made by any law enforcement without the benefit of
a warrant

in flagrante Delicto- That the person to be arrested is about to commit, actually committing, or
have just committed an act to which the law defines it as a crime in the presence of the person
who will make the arrest.

Hot Pursuit-That the person to be arrested has committed an act to which the law defines it as a
crime and the person making the arrest has probable cause that the same person is probably guilty
of a crime.

Probable cause -simply means as a reasonable basis to establish a well-founded belief that the
person may have committed an act to which the law define it as a crime.
Escapee-That the person to be arrested is one who escape from penal confinement
Inquest- is defined as the informal and summary investigation conducted by a public prosecutor in a
criminal case involving persons arrested without the benefit of a warrant to determine if the person so
arrested should remain under custody and be charged accordingly
inquest proceedings- will be done if the person was arrested without the benefit of the warrant. This
is conducted to ensure that the arrest made is legal and in accordance with the law.
Execution of Warrant- After the warrant has been issued by the honorable court, any law enforcer
directed to cause its executor shall exhaust all the remedies to arrest the person who names appears in
the warrant
-carrying out the duty to find the person whose name was written in the warrant and cause his arrest
and detention.

Search -is a form of government invasion to the person’s freedom to privacy.

Seizure- is the confiscation of property or any material usually fruit of the crime or product of illegal
activities to serve as evidence in the legal proceeding.
 IN EXECUTION OF WARRANT, THE FOLLOWING SHOULD BE OBSERVED:
1. Warrants can be executed either day and night.
2. 2. The person making the arrest shall inform the person to be arrested that the warrant has been issued
for his arrest; and,
3. 3. It must be executed within 10 days from the moment it was received.

However, the person making the arrest shall proceed with arrest of he person even without informing
him of the cause of arrest or that a warrant was issued for him to be arrested provided that either of
the following is present:
1. The person flees;
2. The person forcibly resist; and
3. It will hamper successful arrest of the person.

However, if the person whose name appears in the warrant cannot be located or traced within ten (10)
working days upon its receipt, the law enforcer task to execute the warrant shall make a report to the
judge who issues the same explaining the reasons for the failure to arrest the person within the time
given by the court.
 The search warrant shall be issued for the search and seizure of the personal property which includes the
following:
1. Subject of the offense;
2. Stolen or embezzled and other proceeds, or fruits of the offense; or
3. Used or intended to be used as the means of committing an offense.

Execution of Search Warrant- In the execution of the search warrant, the person must identify himself and his
purpose. If he will not be admitted to the place directed for the search then he may break any parts of the house to
either.

The warrant shall be valid only for ten (10) days from the date of its issuance and no search shall be made
except:
4. Lawful occupant is present;
5. Any member of his family; or
3. Presence of at least two witnesses of sufficient age and discretion residing in the same

In general, all searches shall be made during the daytime unless specified to be served at any time of the
day or night. Thereafter, the officer seizing the property shall give a detailed receipt to the lawful occupant, in the
presence of at least two (2) witnesses of sufficient age and discretion residing in the same locality
Warrantless Search - search and seizure of personal property based on probable cause made by a
police officer without a warrant. This is true in cases of exigent circumstances.
Search incidental to a lawful arrest - search and seizure of property made by any police officer
upon a valid arrest. The search and seizure of personal property is allowed by law provided that the
arrest was made by virtue of a valid warrantless arrest (in flagrante delicto, hot pursuit or escapee).

Seizure in Plain View - refers to the confiscation of embezzled or stolen property or where the
property is evidence of a crime or will be used in committing an offense in the presence of a police
officer in plain view.

-The requirement of this warrantless search is that items to be searched and seized must be vividly and
clearly seen and that the same item/s is/are considered as evidence of criminal activity or criminal
proceeds.

Consented warrantless search- is a search conducted upon the voluntary consent given by the
person exercising authority over the property or by the rightful owner
 Search of a Moving Vehicle -searching a moving vehicle, law enforcement officers are limited only to
visual search: This means that neither:
❖ The vehicle should be completely search; nor
❖ The person should do a body search. The extensive search and seizure of a vehicle stopped will only be
constitutionally valid if it will be done by police officers who had probable cause to believe that the driver is
a law violator, his vehicle contains some evidence of a crime or is suspected to commit a crime.

Tipped Information-refers to the information provided by an informant or any person regarding the
commission of an offense relayed through cellphone, radio or telephone to the police who will cause his
arrest and seize personal property of the person so described. This doctrine was found on the principle that
acquiring a search warrant would jeopardize the arrest of a would-be violator. This is true in cases whereby
police officer is tipped by an informant about the commission of a crime
 Information- (in connection to intelligence) is “raw data” this simply implies that in the aspect of
intelligence, information are just pieces or its part. These pieces of information are useless without being
analyzed and evaluated so that they can be disseminated and use by appropriate person. In contrast with
information.

Information-is defined as the network of data which can be linked or grouped in order to obtain a concrete
and reliable information base on the prevailing need or as the need arises.

Intelligence- refers to collated, analyzed, and evaluated information appropriately acquired for particular
purposes.

Intelligence – is defined as information or data that has been collected, analyzed and refined so that it is
useful to policymakers in making decisions about the potential in making decisions about potential threats
to the safety of people and national security.

Intelligence also covers a wide range of areas in its application. It might be a network of information
concerning national policy and national security which is known as National Security
It could also collect, analyze, collate and evaluate information concerning criminal investigation, criminal
syndicate, organized crimes and other police problems which is known as police intelligence.

Military activity which is at the same time essential to the different military operations is known as military
intelligence.

departmental intelligence- which refers to information needed by all the department agencies in the execution of
government plans and programs.

AREAS OF POLICE INTELLIGENCE

1. Criminal Intelligence (CRIMINT) - refers to the knowledge essential to the prevention of crimes and the
investigation, arrest and prosecution of criminal offenders.

2. Internal Security Intelligence (INSINT) -refers to the knowledge essential in the maintenance of peace and
order.

3. Public Safety Intelligence (PUSINT)- refers to the knowledge essential in ensuring the protection of lives and
properties.
 TYPOLOGY OF POLICE INTELLIGENCE
1. STRATEGIC INTELLIGENCE- a type of intelligence that is long range in nature and requires a longer period of
time before being materialized and fully available. It is an intelligence data that is not of immediate value. It is usually
descriptive in nature. accumulation of physical description of personalities and modus operandi. It does not have
immediate operational value but rather long range that may become relevant to future police operations.

2. LINE INTELLIGENCE- is a type of intelligence that is immediate in nature and can be available or develop
within a short period of time. It is the kind of intelligence required by the commander to provide for planning and
conduct tactical and administrative operations in counter insurgency.

 People -includes the living condition of the people, sources of income, their education, government, livelihood
projects and the extent of enemy influence to the people.

 Weather - refers to the visibility, cloudy, temperature, precipitation (rain) or windy of the climate.

 Enemy - this refers to the study of location, strength, disposition, tactical capability, and vulnerability of the enemy.

 Terrain- includes relief and drainage system, vegetation, surface material, man-made features and some military
aspects of terrain which includes over and concealment, obstacle, critical key terrain features, observation and fields
of fire, and avenues of approach.
National Intelligence Coordinating Agency (NICA) -is the primary intelligence gathering and analysis arm of
the Philippine government, in charge of carrying out overt, covert, and clandestine intelligence programs.

The NICA -cooperates with friendly countries and government agencies in and out of the country by posting
agents as liaison officers. The agency is led by a director-general and is assisted by deputy director general. The
former reports directly to the president.

The NICA -has a National Intelligence Board that serves as an advisory board to the director general before he
would submit his findings to the president relating to national security matters affecting the Philippines.

THE INTELLIGENCE COMMUNITY

1. Philippine National Police (PNP)
2. Armed Forces of the Philippines (AFP)
3. National Bureau of Investigation (NBI)
 International intelligence Organization Central Intelligence Agency (CIA) - is a civilian foreign
intelligence service of the federal government of the United States, tasked with gathering, processing, and
analyzing national security information from around the world, primarily through the use of human intelligence
(HUMINT)

The CIA was created under the US National Security Act of 1947. In January 1946, the late President
Truman established the Central Intelligence Group, the interim measure that paved way for the CIA. The
agency is now under the National Security Council.

Federal Bureau of Investigation (FBI) – performs counterintelligence activities within the United States.
First established in 1908 as an investigative arm of the US Department of Justice.
It became what is known as the FBI under its first director, Edgar John Hoover in 1924.
On September 6, 1939 thru a presidential directive, the agency was task for domestic intelligence.

National Security Agency (NSA) – responsible for collecting signals intelligence from all over the world and
for overseeing the integrity of American secret communication.
Defense Intelligence Agency (DIA) - provides military intelligence to the Department of Defense.

Israel - considered as the most reliant on accurate intelligence.

General Security Services (SHINBET) - responsible for counterintelligence and internal security.
Intelligence Corps of the Defense forces (Aman)- the largest, which focuses on military intelligence.

Great Britain - boasts an intelligence tradition dating from Queen Elizabeth I

Former Soviet Union (USSR) -Committee (Board) for State Security doubled as secret police force,
controlling the populace within the country and, outside the USSR, conducting espionage, spreading
“disinformation,” and attempting to destabilize foreign governments.
 METHODS OF CRIME SCENE SEARCH

A. Strip Search Method- In this method, the area is blocked out in the form of a rectangle. The three (3) searchers A, B,
and C proceed slowly at the same place along paths parallel to one side of the rectangle. When a piece of evidence is
found, the finder announces his discovery and the search must stop until the evidence has been cared for. A
photographer is called, if necessary. The evidence is collected and tagged and the search proceeds at a given signal.
At the end of the rectangle, the searchers turn and proceed along new lanes.

B. The double strip or grid method of search is a modification of the Strip Search Method. Here, the rectangle is traversed
first parallel to the base then parallel to a side.

C. Spiral Search Method - In this method, the three searchers follow each other along the path of a spiral, beginning on
the outside and spiraling in toward the center.

D. Zone Search Method - In this method of search, the area is considered to be approximately circular. The searchers
gather at the center and proceed outward along radii or spokes. The procedure should be repeated several times
depending on the size of the circle and number of searchers. One shortcoming of this method is the great increase in
the area to be observed as the searcher departs from the center.
Collecting Evidence. This is accomplished after the search is completed, the rough sketch finished and photographs
taken.
Fragile evidence- should be collected as they are found.

Removal of Evidence. The investigator places his initials, the date and the time of discovery on each item of
evidence and the time discovery on each item of evidence for proper identification. Items that could not be marked
should be placed in a suitable container and sealed.

Tagging or Evidence. Any physical evidence obtained must be tagged before its submission to the evidence
custodian.

Evaluation of Evidence. Each item of evidence must be evaluated in relation to all other evidence, individually and
collectively.
Preservation of Evidence. It is the investigator’s responsibility to ensure that every precaution is exercised to
preserve physical evidence in the state in which it was recovered/obtained until it is released to the evidence
custodian.

Releasing the Scene. The scene is not released until all processing has been completed. The release should be
affected at the earliest practicable time, particularly when an activity has been closed or its operations curtailed.
GENERAL TYPE OF SKETCH
Rough Sketch- made at the crime scene, no scale, proportion ignored and everything is approximate
Finished Sketch- for courtroom presentation, scale and proportion are strictly observed.

KINDS OF SKETCH
Sketch of locality - gives a picture of the crime scene in relation to its environs including neighboring buildings, roads, etc.
Sketch of grounds- includes the crime scene and its nearest environment, ex a house w/ a garden
Sketch of details -describes the immediate crime scene only, on-the-spot area.

Deoxyribonucleic Acid (de–ak–si–ri–bo–n(y)u–kle–ik) - is a chemical substance found in all cells of living

organism whose composition have been passed on from parents to offspring's. It is called as the genetic or
hereditary material.

DNA- is the SAME in every cell. It is contained in blood, semen, skin cells, tissue, organs, muscle, brain cells,
bone, teeth, hair, saliva etc.
 DNA Chemically, it is an acid and is composed of three sub-units, namely
1. the phosphate group
2. a deoxyribose sugar, and
3. one of the four bases – Adenine (A), Thymine (T), Cytosine (C), and Guanine (G)

STAGES OF DNA ANALYSIS

 EXTRACTION – to obtain the DNA material from the specimen. Two commonly used methods are Chelex, DNA IQ (rapid methods) and
organic extraction.

 QUANTITATION - to determine the amount of DNA material extracted from the sample. NBI make use of the QUANTIBLOT kit which is
human specific and highly sensitive up to picogram level.

 DNA AMPLIFICATION by PCR (Polymerase Chain Reaction)– to make many copies of specific DNA fragment. PCR is a synthesis
reaction that is repeated for a number of cycles and results in exponential accumulation of the specific DNA fragment. The thermal
cycler is the machine that does this PCR and is compared to a Xerox machine.

Admissibility of DNA evidence under Philippine Law

Under our laws, evidence is admissible when it is relevant to the fact in issue and is not excluded by the Rules (Rule 128, sec. 2, Rules of
Court). Under this test, evidence is relevant when it has such a relation to the fact in issue as to induce belief in its existence or non-
existence. . DNA evidence would be invaluable as corroborative evidence without statistical backup if the accused has been identified by
other proof. It would be proper to inform the court that two DNA samples match or do not match. In the case of a match, this makes it
probable that the DNA in the sample come from the same person suspected as a perpetrator. It would be corroborative even without the
statistical back up needed in the Frye test or under the Federal Rules of Evidence. In case of a non-match, this may lead to the acquittal of a
suspect
GOOD LUCK!