1.

Inductive and Deductive ReasoningProber and Investigator

Evidence and proof Interrogation and Interview Intent and
Motive Criminal Investigation and Crime Investigation Trivia!
Differentiate the following:
2. 5. Motive - It refers to reason that impels a person to commit
criminal act for definite result.Intent - It is the accomplishment of
the criminal act. Inductive Reasoning - It forms a general
conclusion after further investigation and evidence gathering.
Deductive Reasoning - It forms a general conclusion prior to
having a complete explanation based on facts. Part I General
Principles Crime Investigation it is an art which deals with the
collection of FACTS to accomplish the threefold AIMS: a. to identify
the suspect; b. to locate the suspect; and c. to provide evidence of
his guilt or innocence. Other Terminologies
3. 6. Passive Effect - the criminal may bring away something with him
from the crime scene.Active Effect - the criminal might have left
something on the crime scene. Cold Case - It is a dormant case
where a suspect or witness has the luxury or ample time to mull
over the ramifications of the case and to put their alibi or defense or
otherwise form subjective impression of the case. Hot Case - It is
the violation of law has just been unearthed or discovered and the
suspects or the witnesses to the case are still emotionally upset or
excited.
4. 7. Investigator/Prober is the key figure in the crime investigation
who is charged with the duty of carrying on the threefold aims of
crime investigation. His/her primary job is to discover whether or
not an offense has been committed under the law, after
determining what specific offense has been committed. Qualities of
good investigator: 1. The ability to persevere or stick to task despite
of the monotony and the many obstacles which surrounds it. 2. He
must have certain abilities and an intelligence which would enable

him to acquire information easily and readily and to use this

information truthfully. 3. He must be honest. He must be
incorruptible and must possses personal integrity. 4. He must have
understanding (weaknesses and strength) of the people and the
environment where he/she lives.
5. 8. 5. He must have a keen power of observation and accurate
description. Six Cardinal Points of Investigation a. WHEN the crime
was committed? b. WHERE the crime was committed? c. WHO
committed the crime? d. WHAT specific offense has been
committed? e. WHY it was committed? f. HOW the crime was
committed? Golden Rules to be observed by the Investigator: 1.
Identify and if possible, retain for questioning the person who first
notify the first responder. 2. Determine the perpetrator by direct
inquiry or observe him, if his identity is immediately apparent.
6. 9. 3. Detain all person present at the scene, if possible. 4.
Summons assistance, if necessary. 5. Safeguard the area by
issuing appropriate orders and/or by physically isolating it. 6.
Permit only authorized persons to enter the area. 7. Separate the
witnesses so as to obtain independent statements. 8. Do not touch
or move any object. 9. Definitely assign the duties of search if
assistants are present. Exception to the do not touch or move any
object rule: When the victim is still alive, the investigator should try
to gather or acquire information from the victim himself with regard
to the surrounding circumstances of the crime, while assistance is
calling for an ambulance from the nearest hospital.
7. 10. Important Principles in Crime Investigation 1. Thoroughness
The investigator is duty bound to gather all pieces of evidence to
prove the guilt of the suspect/accused beyond reasonable doubt.
He should: a. Establish corpus deliciti or the fact that the crime has
been committed; b. Identify and associate/ link the suspect to the
crime as testified by reliable witnesses supported by physical or

object evidence; c. The chain of custody of evidence and its

connection to the suspect must be shown in an orderly and logical
fashion. This completes the process of proof as described in the
phrase establishing the elements of the offense.
8. 11. 2. Legality That the evidence should be gathered in the manner
prescribed by the Constitution, existing laws, jurisprudence rules
and regulations such as: a. 1987 Constitution b. R.A. 7438 c. Rules
on Criminal Procedure d. Supreme Court ruling as: Just been
committed fruits of poisonous tree etc.
9. 12. Three Tools of Investigation (3 Is) 1. Information it refers to
the facts of the crime that would answer the 5 ws and 1 h. This will
be obtained from witnesses who have personal knowledge, regular,
cultivated or grapevine sources. The skills in intelligence and data
gathering play an important role. 2. Interrogation refers to the
elicitation of information from an individual who refuses to provide
information. The ability to obtain information by questioning is the
most prized talent of the prober. Interview it is the simple
questioning of victims and witnesses who are voluntarily reveal
information in connection with matters to be investigated.
10.
13. Purposes of Interrogation a. To obtain confession of the
crime. b. To induce the subject to make admission. c. To learn
identity of the accomplishes. d. To learn the facts and
circumstances surrounding the crime. e. To develop information
which will lead to the recovery of the fruits of the crime. f. To
discover the details of other crimes participated in by the suspect.
3. Instrumentation it refers to the application of the instruments of
physical sciences to the detection of the crime such as the modern
techniques in the field of forensic sciences. It is also known as
CRIMINASLISTICS.
11.
14. Phases of Crime Investigation Phase I The fact that the
crime happened is established. The investigation will commence

when the Crime Incident comes into the knowledge of those who
would be the First Responders. Phase II Identify the suspect
through: A. Confession/Admission Admission is a selfincriminatory statement by the subject falling short of an
acknowledgment of guilt. It implicates but does not incriminates.
Confession is a direct acknowledgment of the truth of the guilty
fact as charged or of some essential part of the commission of the
criminal act itself.
12.
15. Kinds of Confession a. Extra judicial confession made
outside the court during preliminary investigation before trial. b.
Judicial confession made inside the court during trial. Guidelines
in taking Admission and Confession 1. Must be in writing. 2.
Executed under oath. 3. Written in language understand by the
accused. 4. Must be voluntary and freely. 5. Taken in the presence
of counsel chosen by the accused. B. Accounts or Testimonies of
Witnesses accuracy of the identification by eyewitness accounts
would depend on the following factors: 1. Ability to remember the
distinct appearance of the subject. 2. Prevailing conditions of
observation and visibility when the crime was committed. 3. Lapse
of time in the identification process.
13.
16. Methods of Identification by Witness 1. Verbal Description
2. Photographic Files (Rogues Gallery) 3. General Photograph 4.
Artists Assistance 5. Police Line-up It is used as a means of
selecting a suspect from a group of innocent persons which
eliminate the power of suggestion. This is conducted with seven (7)
to ten (10) persons with almost the same appearance as to height,
hair color and clothing. During identification, the line-up members
should not talk, unless voice identification is required. If there are
more than one witness, they should make their identification
separately and should not be allowed to confer with each other,

until they have indicated their individual decisions to the

investigator.
14.
17. C. Circumstantial Evidence It is the identification
established indirectly by proving other facts or circumstances from
which the identity of the perpetrator can be inferred. This evidence
is sufficient to produce conviction when: 1. there are more than one
circumstances 2. the facts from which the inferences derived are
proven 3. the combination of all the circumstances is such as to
produce a conviction beyond reasonable doubt Inferences to prove
identity by circumstantial evidence: 1. Motive desire for revenge,
personal gains, or other reasons. 2. Opportunity physical
possibility that the suspect could have committed the crime, which
may be: a. suspect could have been at the vicinity of the crime. b.
knowledge of criminal objectives. c. absence of alibi
15.
18. D. Associative Evidence These are the physical evidence
which may identify the criminal by means of clues, personal
properties, or the characteristic patterns of procedure deduce from
the arrangement of objects at the crime scene, such as weapons,
tools, garments, fingerprints, foot impressions, and others. Modus
Operandi Major General Llewely Atcherly devises the first modus
operandi file. It is a human nature that personal habit and
mannerism do not change easily but remains with the individual for
years. It signifies the method of operation or the distinct manner of
how crimes are committed by known criminals. It includes nature of
stolen property, description, observation at the scene, motive, time
and peculiarities.
16.
19. Phase III Locate and apprehend suspect. Phase IV
Gather and provide evidence to establish the guilt of the accused
(In proving the guilt of the accused in court, the fact of the
existence of the crime must be established, the accused must be
identified and associated with the crime, competent and credible

witnesses must be available and the physical evidence must be

appropriately identified. The investigator must know by heart the
elements of specific crime. The Crime Scene It is the location
which a suspected criminal offense has occurred. It is considered
as the most important phase of the investigation. It focuses on the
search of pieces of evidence. Thus, these are very significance in
the judicial process to obtain conviction.
17.
20. Physical Evidence It comprises all objects and materials
in connection with an investigation that are instrumental in
discovering the facts. It can prove that the crime has been
committed or establish by element of the crime, establish the
identity of the suspect, exonerate the innocent, corroborate the
victims testimony; lead to admission or confession; more reliable
than the statement of witness; and provide useful information.
Kinds of Physical Evidence 1. Corpus Delicti objects or
substance which are essential parts of the body of the crime. 2.
Associative Evidence it links the suspect to the crime scene or
offense. 3. Trace Evidence articles that can establish the physical
contact of suspect with the victim to probe his physical presence in
the crime scene. 4. Indirect/circumstantial evidence - evidence
which tends to incriminate a person such as footprints found at the
scene.
18.
21. Standard Methods of Recording Investigative Data A. The
Investigators Notebook Due to the number of cases handled by an
investigator is, it is very possible that he might forget some details.
Many of the details associated with the investigation while not
essential to the report, might become points of interest to the court
when the case is brought to trial. Thus, it is necessary to employ a
notebook to record the relevant details of the case. During trial, the
court allows investigators to consult their notes to refresh their
memory. The data of the investigation should be recorded in a

complete, accurate and legible fashion so that in the event another

investigator is required to assume responsibility for the
investigation, he can make intelligent use of the notebook.
19.
22. B. Crime Scene Photography The main objective is to
create visual record of the crime scene before any item is moved
as possible physical evidence. Take photograph of the Crime
Scene, WITHOUT AND WITH MARKERS. The Guidelines for
Taking Photographs of the Crime Scene 1. Photographs of the
crime scene should be taken as soon as possible, before note
taking, sketching or a search for evidence begins. 2. The pictures
should illustrate the original, uncontaminated condition of the crime
scene. 3. Photographs should be taken off the crime scene only,
without spectators or police personnel. 4. The photographs must
form an organized sequence and show all relevant locations and
objects. 5. The crime scene photographs must progress from
general to specific.
20.
23. Procedure in Photographing the Crime Scene 1. General
View or Long-range General View or long- range photographs of
the overall scene fundamentally are taken to portray the areas as if
a person viewing the scene is seeing it from the standing position.
To obtain this result, the photographer takes the photograph with
the camera at eye level. It is done in overlapping method.
21.
24. 2. Medium View or Mid-range - Medium view or midrange photographs are taken in a manner which portrays the scene
from approximately ten to twenty feet of distance from the subject.
In order that the viewer be permitted to associate the crime scene
with separate areas of the scene photographed, these areas
should contain sufficient details to permit the viewer association.
22.
25. 3. Close-up Range View Close-up range photographs
are normally taken approximately five feet or less from the subject.
The attention of close-up photography is directed to object which

could be effectively seen in the long-range and mid-range

photographs.
23.
26. The Photographers Note Notes are valuable not only as
an aid to an accurate recall of events to be testified to in court, but
also to furnish the raw material needed in the written formal report
of the case. A different notebook/photo log should be used for each
separate case and it should be kept permanently in a safe place.
Photo Log: - Name of the photographer - Name of the logger Case number - Date of incident - Date photos were taken - Type of
investigation - Time photo taken - Location of photo Click me for
sample crime scene photos
24.
27. Use of tripod or flash (with setting)Brief description of
photo Type of photograph taken (close up, mid) Distance
between camera and subject Camera settings (lens, f/stop,
shutter speed) Exposure number Roll number Date and time
of exposure Photo Log: Individual Photos
25.
28. The Crime Scene Sketch The sketch is useful in
questioning the suspects and witnesses as well as in the writing of
investigation report. A sketch is prepared indicating the actual
measurement of things with scale and proportion observed and
oriented to the North. All necessary information are placed in the
sketch in connection with crime being investigated. The sketch is
an excellent companion of photograph. Where Photograph provide
exact details while Sketch offer accurate information about the
placement of objects and they show the relationship and distance
between things.
26.
29. The Elements Sketch 1. Measurement 2. Compass
Direction 3. Essential Elements 4. Scale & Proportion 5. Legend 6.
Title

27.
30. Specific Kinds Sketch 1. Sketch of Locality- give picture of
the scene, the crime and its environs including buildings roads to
show the possible entrance and exit points.
28.
31. 2. Sketch of Ground picture of the scene of the crime
with its nearest physical surroundings.
29.
32. 3. Sketch of Details - the immediate scene only
30.
33. Types of Measurements 1. Triangular Coordinates
31.
34. 2. Rectangular Coordinates
32.
35. 3. Baseline Coordinates
33.
36. Types of Sketch 1. Rough made by the prober at the
crime scene. No scale proportion is ignored and everything is
approximated. It is to be used as a basis of the finished sketch.
34.
37. 2. Finished made primarily for courtroom presentation.
All elements of sketching must be present.
35.
38. Rules for Sketching 1. Never forget to determine the
direction of the compass. Draw it on the sketch. 2. Control
measurements. Do not rely on others to give them. 3. Do not draw
things where are clearly irrelevant to the case. 4. Never rely on
memory to make corrections at the station, or any other place
removed from the scene of the crime. 5. The scale must be drawn
on the sketch. If the camera has been used, mark its position on
the sketch.
36.
39. Two Types of Crime Scene Reconstruction 1. Physical
Reconstruction appearance of the crime scene is reconstructed
from the description of the witnesses and the indication of physical
evidence. 2. Mental Reconstruction crime scene is reconstructed
based on the consistency of the accounts of various witnesses. No
assumption should be made concerning actions which are not
supported by pieces of evidence.
37.
40. The Crime Scene Search The Search for physical
evidence is done using the accepted methods of search depending

upon the actual location to be searched. A Crime Scene Search

could only be started after it has been photographed and sketched.
There is no hard and fast rule as to the specific method of search
to be employed. Situation will decide as to what method is to be
employed. Any method is correct but the search must be orderly,
optimistic and thorough. The main objective of crime scene search
is to systematically look for physical evidence that may prove useful
in establishing that a crime has been committed.
38.
41. Different Crime Scene Search 1. Strip Method (Line
Search) It involves the demarcation of a series of lanes down which
one or more persons proceed. Upon reaching the starting point, the
searchers proceed down their respective lane, reverse the
direction, and continue in this fashion until the scene has been
thoroughly examined. 2. Grid Method (Double Strip Search) The
researcher performs first the strip method and after which turns
and proceed back along new lanes but parallel to the first
movement. This method offers the advantage of being more
methodological and through; examined from two different
viewpoints, the area is more likely to yield evidence that might have
been overlooked.
39.
42. 3. Spiral Method It is usually employed in outdoor scenes
and is normally executed by a single person. It involves the
searchers walking in slightly ever-decreasing; less-than-concentric
circles form the outermost boundary determination towards a
central point and vice-versa. 4. Zone Method (Quadrant Search) It
requires that area should be divided into four quadrants, each of
which is then examined using of the methods previously described.
Where the area to be searched is particularly large, a variation of
the zone method would be subdividing the small quadrants into
smaller quadrants. 5. Pie Method (Wheel Search) The searchers
gather at the center and proceed outward along radii or spoke. The

principal drawback of this method is that the distance between the

researchers increases as they depart from the center.
40.
43. Purpose of Crime Scene Search 1. To reconstruct what
really happened. 2. To identify the perpetrators. 3. To gather
additional evidence. 4. To determine the modus operandi of the
perpetrators. 5. To destroy the alibis of the suspects. 6. To
determine the corpus delicti of the fact that the crime has been
committed. Recognition of Physical Evidence At the crime scene,
the prober must exercise keen observation and extreme care in his
search for these physical evidence. The success of the case will
depend heavily on how the prober conducts himself in handling
those pieces of evidence. He has to do his job well at proper time
and proper place. Proper time refers to when he is right there in
the scene and proper place refers to him being right there at the
scene.
41.
44. Basic Consideration in Collection of Evidence 1.
Photograph the evidence 2. Use appropriate tools or materials 3.
Collect sufficient amount of samples 4. Provide the appropriate
standards for comparisons 5. Place initials, the date and time of
discovery on each item of evidence. 6. Items that could not be
marked should be placed in a suitable container and sealed 7. Give
particular attention to fragile evidence. 8. If in doubt of an item treat
it as evidence until proven otherwise. 9. Ensure that the item or
area where latent fingerprints may be present is closely examined
and that action is taken to develop the prints. 10. Carefully protect
any impression of evidentiary value in surfaces conducive to
making casts or molds.
42.
45. 11.Note stains, spots and pools of liquid within the scene
and treat them as evidence. 12.Treat as evidence all other items,
such as hairs, fibers and earth particles, foreign to the area in
which they are found. 13.Proceed systematically and

uninterruptedly to the conclusion of the processing of the scene.

The Chain of Custody The establishment of the identity and the
number of persons who handle evidence between the time of
commission of the offense to the ultimate disposal of the case.
43.
46. Part II Methods of Obtaining Info A. Interview It is one
form of communications used extensively by the police in eliciting
information from witness or a suspect to obtain confession.
However if conducted improperly, the interview may be rendered
worthless or can result in serious negative consequences for all
involved. The latest trend in this field is cognitive interviewing as
distinguished from highly structured interviews. It is quite time
consuming but it assists witness memory retrieval by: 1.
Reinstating the context of the event; 2. Recalling the event in the
different sequence; and 3. Looking at the event in different
perspective. The other trends in this field are neurolinguistic
programming, child-abuse victims interview and statement
analysis.
44.
47. Interview Format (IRONIC) 1. Identity prior to the
interview officer must identify himself. 2. Rapport get the positive
feeling towards the investigator. 3. Opening Statement indicate
why the subject is being contracted. 4. Narration do not interrupt
the narration of the subject. 5. Inquiry asking and clarifying. 6.
Conclusion closure and giving gratitude. Basic Rules in
Successful Interviewing 1. Develop a plan of action. 2. Conduct the
interview privately. 3. Put the interview at ease. 4. Let the person
being interviewed do the talking. 5. Be a good listener. 6. Dont
challenge answers given. 7. Stay in control.
45.
48. 8. Take brief notes. 9. Conclude the interview. 10. Write a
summary immediately following the interview. 11. Learn from
experience. The Questioning Techniques Knowing how to ask
questions is just as important as knowing what questions to ask.

Also making questions easy to understand is critical. This allows

the person being interviewed to concentrate on answering the
questions, not on trying to decipher what they mean. Use closedended questions (yes or no answers) sparingly because they only
require a short answer and usually only confirmed factual data.
Open-ended questions force the interviewee to talk and elaborate
on the matter at hand. This allows the interviewer to better assess
the reliability of the information obtain. LEADING QUESTIONS
which contain the answer LOADED QUESTIONS Which ask the
person interviewed to choose the lesser of two evils, should always
be avoided.
46.
49. Approaches to Persons to be Interviewed 1. Complainant
sympathetic by expressing his interest to the case, but he should
determine whether all the elements of the case are present;
whether the complainant is a chronic complainant, including his
motive. 2. Person Complained Of knowledge of the elements of
the crime allegedly committed and also the record or reputation of
the person complained of are essential. 3. Informant he must be
permitted to talk and be praised for assisting law and order. He
should be questioned in detail. 4. Victim sympathetic and
listening to complete story, with permission to allow opinion and
suggestion, with devotion to simply gather facts.
47.
50. B. Interrogation It refers to the elicitation of information
from an individual who refuses to provide information. Limitation on
Interrogation Section 12 of Bill of Rights of the 1987 Constitution
providing the suspect/person under custodial investigation the right
to remain silent. ***Remedy Waiver of Section 12 which must be
signed in the presence of counsel. Rules in Questioning 1. One
question at a time multiple questions are confusing 2. Avoiding
implied answer suggesting answer defeats the purpose of
interrogation. 3. Simplicity of the questions long, complicated and

legalistic questions are confusing and irritating which may cause

embarrassment and resentment.
48.
51. 4. Saving Faces embarrassing situation on the subject
by ridicule to the stupidity, poor judgment and other deficiencies
should be avoided. 5. Yes and No Questions do not insist on a
yes or no answer that will result to inaccurate answers and prevent
flow of information. 6. Positive Attitude a positive way of
questioning and approach should be employed. Types and
Attitudes of the Subject 1. Know Nothing Type reluctant to
become a witness = extensive warm-up; leading him to relevant
questions 2. Disinterested Type uncooperative, indifferent
persons must be aroused = be flattered to develop pride in his
ability to supply information; his interest should be stimulated by
stressing the importance of the information he possesses. 3.
Drunken Type flattery will encourage the drunk to answer and
develop inters. Not advisable to take written statements of drunk
witness.
49.
52. 4. Suspicious Type fear must be reduced and the
investigator should apply psychological pressure by telling to him
that non cooperation will work against him. 5. Talkative Type find
ways to shift his talkativeness to those matters useful in the
investigation. 6. Honest Witness ideal witness with little care and
guidance. 7. Deceitful Witness permit to lie until he is enmeshed
with falsehoods and inconsistencies= playback is effective to
counter then, state that perjury is punishable. 8. Timid Witness
friendly approached with explanation the all information shall be
treated with confidentiality. 9. Boasting, Egoistic, or Egocentric
Witness patience and flattery are necessary for they will be a
good witness, however they are prone to color their story and put
emphasis on their part. 10.Refusal to Talk Witness most difficult
but perseverance and neutral topics must first be taken.

50.
53. M- inimize the crime (It plays to the psychological
satisfaction of his role in the crime and seriousness of the crime).
By employing these techniques, it help the suspects maintain their
dignity or save face. Equally important, RPMs make oral and
psychological excuses for suspects action therefore subject are
still accountable for their behavior. P- roject the blame unto
others; R- ationalize suspects action (It plays to the
psychological nature or desires of the suspect to explain or justify
his behavior); The RPM Technique of Interrogation
51.
54. CUSTODIAL INVESTIGATION Republic Act 7438 an
act defining certain rights of persons arrested detained or under
custodial investigation as well as duties of the arresting, detaining,
and investigating officers, and providing penalties for violations
thereof. Rights of Persons Arrested, Detained or Under Custodial
Investigation 1. Any person arrested, detained or under custodial
investigation shall at all times be assisted by counsel. 2. Inform the
subject in a language known to and understood by him, of his
rights to remain silent and to have a competent and independent
counsel, preferably of his own choice. If such person cannot afford
the services of his own counsel, he must be provided with a
competent and independent counsel by investigating officer.
52.
55. 3. Custodial investigation report shall be reduced to
writing by the investigating officer, provided that before such report
is signed, or thumb-marked if the person arrested or detained does
not know how to read and write, it shall be read and adequately
explained to him by the counsel or by the assisting counsel
provided by the investigating officer in the language or dialect
known to such arrested or detained person, otherwise such
investigation report shall be null and void and of no effect
whatsoever. 4. Any extra judicial confession made by a person
arrested, detained or under custodial investigation shall in be

writing and signed by such person in the presence of his counsel or

in the latters absence, upon a valid waiver, and in the presence
any of the parents, elder brothers or sisters, his spouse, the
municipal mayor, municipal judge, district school supervisor, or
priest/minister of the gospel as chosen by him; otherwise such
extrajudicial confession shall be inadmissible as evidence in any
proceeding.
53.
56. 5. Any waiver by a person arrested or detained under the
provisions of Art. 125 of the Revised Penal Code, or under
custodial investigation, shall be in writing and signed by such
person in the presence of counsel, otherwise the waiver shall be
null and void and of no effect. 6. Any person arrested or detained
or under custodial investigation shall be allowed visits by or
conferences with any member of his immediate family, or any
medical doctor or priest or religious minister chosen by him or by
any member of his immediate family or by his counsel, or by any
national non-governmental organization duly accredited by the
Commission on Human Rights or by International nongovernmental organization duly accredited by the Office of the
President. The persons immediate family shall include his/her
spouse, fiance or fiancee, parent or child, brother or sister,
grandparent or grandchild, uncle or aunt, nephew or niece and
guardian or ward
54.
57. Miranda vs Arizona 384 U.S. 436 1966 Ernesto Miranda,
a produce worker, was arrested in Phoenix, Arizona in 1963 and
charged with kidnapping and rape. After being identified by the
victim in a police line up, Miranda was taken into an interrogation
room and questioned for two hours by detectives. At no time was
Miranda informed that he had a right to have an attorney present.
When the police emerged from the session, they had a signed
statement by Miranda confessing to the crimes. He was

subsequently convicted and sentence to twenty to thirty years in

prison. After the conviction was affirmed by the Arizona Supreme
Court, Miranda appealed to the United States Supreme Court,
claiming that he had not been warned that any statement he made
could be used against him, and that he had a right to counsel
during interrogation. The Miranda Case was one of the four cases
examined by the Court that dealt with the question of coercive
questioning.
55.
58. Decision The Court overturned Mirandas conviction,
stating that police interrogations are, by their very nature, coercive
and therefore deny suspects their constitutional right against selfincrimination by forcing them to confess. Consequently, any
person who has been arrested and placed in custody must be
informed of his or her right to be free from self-incrimination and be
represented by counsel during any interrogation. In other words,
suspects must be told that they do not have to answer police
questions. To accomplish this, the Court establish the Miranda
warning which must be read prior to questioning of a suspect in
custody.
56.
59. Part III Protocols in Investigation 1. Jurisdictional
Investigation by the Territorial Unit Concerned. The police station
which has territorial jurisdiction of the area where the crime incident
was committed, shall immediately undertake the necessary
investigation and processing of the crime scene, unless otherwise
directed by higher authorities for a certain case to be investigated
by other units/agency. 2. Official Police Blotter a. The Police Blotter
is an 18 x 12 log book with hard bound cover that contains the
daily register of all crimes incidents reports, official summary of
arrest, and other significant events reported in a police station.
57.
60. b. As a general, all crime incidents must be recorded in
the official police blotter c. A separate police blotter shall be

maintained for offense requiring confidentiality like violence against

women & children and those cases involving a child in conflict with
the law to protect their privacy pursuant to RA 9262- anti-violence
against women and children act of 2004 and RA 9344- Juvenile
justice welfare act of 2006. d. The duty police officer shall record
the nature of the incident in the police blotter containing the five (5)
Ws and One (1) H of the information and inform his superior officer
or the duty officer regarding the occurrence of such incident. e. In
answering the five (5) Ws and One (1) H as well as the Case
Disposition, all such material details about the incident, including
the nature of the action or offense; the date, time and place of
occurrence, the names of the suspects, the victims, the witnesses,
the facts of the case, significant circumstances that aggravate or
mitigate the event or the crime should be enter along with the
identity of the officer to whom the case is assigned and the status
of the case.
58.
61. 3. The Investigation Team: Organization and Equipment
a. All investigator in all police units must be a graduate of
prescribed investigation course with a rank of at least PO2 (Prerequisite to assignment) b. Composition. Team Leader
Investigator/Recorder Photographer Evidence Custodian
Composite Illustrator/Artist c. Equipment of the Investigator: Police
Line, Video Camera, Voice Recorder, Camera, Measuring Device,
Gloves, Flashlights Finger Print kit, Evidence bag, Evidence Tag,
Evidence Bottles/vials and Investigators tickler; (Investigators
checklist, anatomical diagram form, evidence checklist and turnover receipt)
59.
62. 4. Duties of the First Responder a. Proceed to the crime
scene to validate the information received b. Record the exact time
of arrival and pertinent data regarding the incident in his issued
pocket notebook and notify the TOC c. Cordon off the area and

secure the crime scene with a police line or whatever available

materials like ropes, straws of human as barricades to preserve its
integrity. d. Check whether the situation still possess imminent
danger and call for backup it necessary e. Identify possible
witnesses and conduct preliminary interview and ensure their
availability for the incoming investigator on case f. Arrest the
suspect if around or in instances wherein the suspect is fleeing,
make appropriate notification for dragnet operations.
60.
63. g. Prepare to take the Dying Declaration of severely
injured persons with the following requisites: i. The death is
imminent and the victim is conscious of that fact. ii. The declaration
refers to the cause and surrounding circumstances of such death
iii. The declaration relates to facts which the victim is competent to
testify to iv. The declaration is offered in case wherein the victims
death is the subject of the inquiry h. Evacuate the wounded to the
nearest hospital using emergency services. i. Account for the killed,
wounded and arrested persons for proper disposition j. Conduct
initial investigation k. Brief the investigator on case upon arrival and
turn over the crime scene
61.
64. l. Conduct inventory on the evidence taken at the crime
scene, inventory receipt should be properly signed by the first
responder, SOCO and the investigator. 5. Duties and
Responsibilities of the Investigating Team: a. Take full control of the
crime scene to include the conduct of the 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, documentation and
filing of appropriate charges in court. b. Establish a command post
in the immediate vicinity of the crime scene c. Designate a holding

area in the immediate vicinity of the crime scene ( for the media,
VIPs and other personalities present)
62.
65. d. Conduct case conference with the first responders,
SOCO and other law enforcer and rescue personnel e. Note
secondary crime scene if situation requires. f. Release the crime
scene after investigation. 6. Investigation of suspect a. Procedures
when arrest is made: i. Secure the person arrested (hand cuff at
the back) ii. Inform the arrested person on the cause of his arrest
and his rights as provided for in the constitution iii. Conduct
thorough search for weapons and other illegal materials against the
suspect iv. Use reasonable force in making the arrest. v.
Confiscated evidence must be properly documented and marked
vi. Bring the arrested person to the police station for investigation.
63.
66. 7. Taking Sworn Statements of the witnesses. The
execution of a suspects WAIVER as stipulated in Art 125 of RPC
shall always be done in the presence of his chosen counsel or any
independent counsel. 8. Taking Sworn Statements of the
witnesses. a. Sworn statements or affidavit of the complainant and
witness must be taken immediately by the investigator on case b.
Affidavit of arrest of the arresting officers must be taken
immediately not later than 24 hours c. In inquest cases, the
investigator on case and the arresting officers shall observe Art 125
of RPC.
64.
67. 9. Preparation of reports and filing of Charges The
Investigator on Case shall submit the following: a. Spot Report
within 24 hours to higher headquarters b. Progress Report c. After
Operation Report d. Final report after the case is filed before the
prosecutor office/court (Referral) e. Accomplishment Report 10.
Procedures in the Release of Crime Scene: a. Ensure that
appropriate inventory has been made b. Released is accomplished
only after completion of the final survey and proper documentation

of evidence, witnesses, victims and suspect. c. If crime scene is

within a private property, the same must be released to the lawful
owner witnessed by any barangay official. In case of government
facility, it should be released to the administrator.
65.
68. 11. Follow up of Case The Investigator on Case shall
conduct police operation to identify and apprehend suspect based
on the result of initial investigation conducted. 12. Preparation of
Case Investigation Plan (CIPLAN) The conduct of operation
involving sensational cases, high profile and heinous crimes must
be covered by CIPLAN 13. Attendance to Court duties The
Investigator on Case and Arresting Officer shall endeavour to
ensure their attendance during court hearings while COPs shall
supervised and ensure the attendance of witnesses. 14. Uniform of
the Investigator The prescribed uniform should be worn by
investigator s when conducting investigation so as to identify as
PNP
66.
69. There is no such thing as PERFECT CRIME, only
IMPERFECT INVESTIGATOR lecture ends here!