Our Lady of Mercy College

College of Criminology
Borongan City

LEARNER’S GUIDE

CDI 3
SPECIALIZED CRIME INVESTIGATION with SIMULATION on
INTERVIEW and INTERROGATION

INTERVIEW and INTERROGATION MODULE

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College of Criminology
Borongan City

     1. UNIT 2: THE ART OF OBTAINING INFORMATION

a) TOPIC 1: INTERVIEW
i. LEARNING OBJECTIVES:
At the end of the topic, you are expected to have:
1) define the terms used in the Topic: Interview.
2) analyze the Golden Rule of Interview.
3) interpret the Qualities of Good Interviewer.
4) analyze the Reasons why Witnesses Refuse to Talk and Testify.
5) simulate the Conduct of Interview.
6) apply the Rules in Questioning.
7) analyze the Types of Witnesses According to their Attitude.

ii. LECTURE: INTERVIEW

 INTERVIEW defined – It is the questioning of a person believed to possess information which
is relevant to the investigation of a crime or on criminal activities.

 COGNITIVE INTERVIEW defined – it is a form or technique in the conduct of interview upon

willing and cooperative witnesses, where they are given the full opportunity to narrate their
accounts without intervention, interruption and inference from the interviewer. After narration,
the subject will be subjected to direct examination and cross examination, to clarify the
unexplained portion to arrive at a clear and complete picture of the testimony. Leading
questions greatly helps the investigator to obtain the full and desired information.

 THE GOLDEN RULE OF INTERVIEW

“Never conduct or let anyone conduct an interview if the interviewer has not gone to the
crime scene. The questioning should be in agreement with the facts and conditions at the crime
scene. The questioning will lead wayward for the interviewer who had not seen personally the
crime scene and he will not be in a position to distinguish half-truths, exaggerations or falsehood
from the answers of the person being interviewed.”

A. Qualities of a Good Interviewer

1) Rapport defined – it is the development of intimacy between the interviewer and the
interviewee.
 It is winning the confidence of a person being interviewed in order that he will tell all the
information in his possession.
 The interviewer must be in respectable civilian attire because many thinks that uniform is
intimidating.

2) Forceful Personality

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College of Criminology
Borongan City

The appearance of the interviewee and other qualities such as skills of communication
techniques and the force of his language are the mainstays of the strength of his character.
3) Knowledge of Human Behavior
The ability of the interviewer to determine the personality and intelligence of his subject.
He must go down and up to the level of understanding of his particular subject – the
interviewee.
4) Conversational Tone of Voice
His tone of voice must be conversational, not confrontational as in interrogation.
5) Common Interest
His preliminary probing questions should be aimed to establish common interest
between him and the subject.
6) Acting Qualities
He must possess the qualities of an actor, salesman, and psychologist and know how to
use the power of persuasion.
7) Humility
He must be courteous, sympathetic and humble, ready to ask apologies for the
inconvenience of the interview.

Among the list of Qualities of Good Interviewer, what do you think is the
best quality should an Interviewer possess? Write it down and justify your
answer in one paragraph of not less than 30 words.

B. Reasons Why Witnesses Refuse to Talk and Testify

1) Fear of Reprisal
 It is always entertained by witnesses who lack the courage to face the suspect, his
company or relatives.
 This is natural for witnesses who have no means to protect themselves or no influential
person to rely on.
 The investigator’s power of persuasion plays a vital role.
2) Great Inconvenience
The ordeal of testifying in court is an inconvenience on the part hands-to-mouth and to
the unemployed.
3) Hatred against the Police
This hatred maybe due to previous bad experience with rogue members of the police
organization.
4) Bias of the Witness
The witness maybe an acquaintance, friend, helper, or benefactor of the suspect.

5) Avoidance of Publicity

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There are witnesses who are shy and they shun publicity that will bring them discomfort
to their ordinary or obscure way of living.
6) Family Restriction
Some famous and respected families preserve their reputations by instilling to their
members the need of approval of their elders on matters affecting their families.
7) Bigotry
Religious or racial, tribal or ethnic indifference.
8) Cultist Indoctrination
Some cults or religious denominations exercise religious or moral influence on the
decision of witnesses to testify. It would be more apparent when the witness and the
suspect belong to the same cult.
C. Common Technique to Convince Witnesses to Talk and Testify
Many of these witnesses want that they will not be utilized as formal witnesses but to
remain anonymous. The investigator must initially agree that the testimonies be given the
shroud of confidentiality. After the full disclosure of the information, the investigator then
persuades these witnesses to be utilized as formal witnesses especially when there is the
necessity of the testimonial evidence. The power of persuasion plays a key role.
D. Stages of Handling the Interview
1) Preparation
The investigator should review the facts at the crime scene and information from other
sources in order that he would be ready for the questioning.
A background data of the subject should be available so that he could adapt himself to
the kind of approach to be employed.
2) Approach
The investigator must carefully select his kind of approach, which maybe a single kind, a
combination of two or the application of all the techniques.
3) Warming Up
This is being done by preliminary or exploratory questions to clear the atmosphere,
promote a conducive ground for cordiality, respect, and trust for each other.
4) Cognitive Interview
The subject is now asked to narrate his account without interruption, intervention or
inference.
E. Rules in Questioning
1) One Question at a Time
Avoid multiple, complex and legalistic questions. One question at a time is desired.
2) Avoid Implied Answers
The nod of the head or any other body language as a response to the question should
be avoided. The answer must be oral, clear, explicit and responsive to the questions.

3) Simplicity of Questions
A short simple question at a time is required. Avoid legalistic questions.

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4) Saving Faces
Embarrassing questions on the subject on matters of exaggeration or honest errors
about time, distance and description can be avoided if the investigator will cooperate with
subject to “save his face.”
5) Yes and No Answers
Do not ask questions which could be answered by YES or NO. It will curtail the complete
flow of information and will lead to inaccuracy.
F. Types of Witnesses According to their Attitude
1) Know-Nothing Type
These are the reluctant types of witnesses. They are among the uneducated and of low
level of intelligence.
2) Disinterested Type
This is the uncooperative and indifferent subject. Their indifference should be
demolished to arouse their interest or be flattered.
3) The Drunken Type
The style of questioning by the investigator should be adapted to the psychology of the
subject. When the drunken subject sobered, another interview will be conducted,
confronting him about his disclosures while in the state of drunkenness. Written statement
must be taken during his sobriety.
4) Suspicious Type
These types of witnesses are suspicious about the motive and actions of the
investigator. The barrier of the suspicions may be removed by sincere explanations or
psychological pressure.
5) Talkative Type
These are witnesses who are prone to exaggerate, adding irrelevant or new matters to
their narrations. The skillful investigator could prune the unnecessary matters from relevant
ones.
6) Honest Witnesses
These are truthful and cooperative witnesses where the investigator could rely upon,
with little or no problem in handling them.
7) Deceitful Witness
These are liar type of witnesses. Let them lie and order them to repeat several times
their narrations. They will be enmeshed in contradictions.
8) Timid Witness
They are the shy-type of witnesses. The approach must be friendly and reassuring
confidentiality of their information.

9) Boasting, Egoistic, or Egocentric Witnesses

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They will be good witnesses because of their ability of expressing their accounts of the
commission of the crime. They are susceptible to add color or importance in their role as
witnesses, probably under-rating the accounts of others.
10) Refusal to Talk Witnesses
These are the most difficult subjects to deal with. The causes maybe trauma, shock,
fear, hatred, and others.
G. Statement Analysis
All complaints and testimonies of witnesses are subjected to the crucible of truth. Utmost
care must be exercised before concluding the culpability of the suspect.
H. Complaints and Testimonies be Reduced to Writing
Complaints and testimonies shall be reduced to writing in the form of Questions and
Answers – never use an affidavit form. Complaints and testimonies must be placed under oath
before an officer authorized to administer oath.

iii. REFERENCES:
a) Garcia, Rodolfo M. 2004. The Art of Criminal Investigation and Detection.
b) Manahan, Demetrio V. 2015. The Art of Crime Investigation.

c) ASSESSMENT: (See Annex 3: Assessment on Interview and Interrogation)

b) TOPIC 2: THE ART OF NTERROGATION

i. LEARNING OBJECTIVES:
At the end of the topic, you are expected to:
a) define and analyze the terms used in Interrogation.
b) differentiate Confession from Admission.
c) differentiate Extra-Judicial Confession from Judicial Confession.
d) analyze the Impact of the Miranda Doctrine in Criminal Investigation.
e) model the Techniques of Interrogation.
f) discuss RAs 7438, 9745 and the Constitutional Right of the Person under Custodial
Investigation (Article III, Section 12 of the 1987 Philippine Constitution.)

ii. LECTURE: INTERROGATION

 INTERROGATION is one of the most difficult but most interesting phases of criminal
investigation and detection. It is the confrontational battle of wits between the investigator and
the suspect. It is a mental combat where the weapon is intelligence and the use of the art.
Victory depends upon proper and effective use of the art.

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College of Criminology
Borongan City

 INTERROGATION defined - is the skillful questioning of a hostile person suspecting of having

committed an offense or of a person who is reluctant to make a full disclosure of information in
his possession which is pertinent to the investigation.

 CUSTODIAL INTERROGATION – it denotes the investigation conducted by the investigator

on the suspect who is under his custody.

 GOLDEN RULE OF INTERROGATION

“Make him admit something, no matter how small or trivial. Usually the first admission will lead
to another. In securing the first admission is the biggest stumbling block in dealing with tough
suspects.”

1) Purposes of Interrogation:
a. On the part of the suspect, it is to extract confession or admission.
b. On the part of the uncooperative or unwilling witness, it is to extract the information he
possesses.
2) Confession Distinguished from Admission
a. Confession defined – it is the direct acknowledgement of guilt arising from the
commission of a crime.
- Also defined as an acknowledgment by a suspect that he/she has committed a crime. It
includes an acknowledgment of the commission of all the elements of the crime and the
person’s involvement in the commission.

b. Admission defined – it is an acknowledgement of a fact or circumstance without

accepting the guilt.
- Also defined as an acknowledgment by the suspect of certain facts that tend to
incriminate him/her with respect to a particular crime, but which are not sufficiently
complete to constitute a confession.
3) Kinds of Confessions
a. Extra-Judicial Confession – those made by the suspect during custodial investigation.
b. Judicial Confession – those made by the accused in an open Court. The plea of guilt
during arraignment or any stage of the proceedings where the accused changes his plea
of not guilty to guilty.
4) Rights of the Accused During Custodial Investigation
a. Right to remain silent.
b. Right to counsel of his own choice and if he has none, the government must provide one
for him.
c. Right to be informed of the nature of the charges against him and whatever he says
maybe used for or against him.

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These rights could be validly waived in writing and with the assistance of Counsel in order
that the ensuing confession be admissible in evidence. The confession must also be in
writing, signed and sworn to by the accused.

5) MIRANDA DOCTRINE:
MIRANDA versus STATE of ARIZONA
36 0.0 (2d) 86 S. Ct
Decided: June 13, 1966
On March 13, 1966, Ernesto Miranda was arrested for kidnapping and rape. At the trial, the
police officers admitted that Miranda was not advised of his rights to silence and to counsel. The
confession of Miranda was admitted into evidence over objection of the defense counsel. Miranda
was found guilty and sentenced from 20 to 30 years imprisonment.
On appeal, the Supreme Court of Arizona held that Miranda’s constitutional rights were not
violated in obtaining the confession and affirmed the conviction. In reaching its decision, Arizona
Supreme Court stressed the fact that Miranda had not specifically requested counsel and
therefore the doctrine in the Escobedo did not apply.
Miranda appealed to the U.S Supreme Court and in a 4 – 5 decision, the Court reversed the
conviction and held that prior to INTERROGATION the person must be informed in clear and
unequivocal terms that he has the right to remain silent and to counsel; that should be he choose
to speak, any statement he makes may be used in evidence against him; and that should he
choose counsel, it should be provided him.
Before the adoption of the 1973 Constitution, our Supreme Court rejected the application of the
Escobedo and Miranda Rules in this jurisdiction through the case People of the Philippines vs
Jose L 28232, February 6, 1971, 37 SCRA 451, which is popularly known as the Maggie de la
Riva Rape Case. Both the 1973 and 1987 Constitution adding stricter provisions as cited above.
The 1935 Constitution, Article III Bill of Rights, Section 1, para. 17, provides: “In all criminal
prosecutions the accused shall enjoy the right to be heard by himself and counsel.” However, the
term criminal prosecution was interpreted by court, in U.S versus Beechman, 23, Phil. 25 (1812)
to mean proceedings before the trial court from arraignment to rendition of judgment.

6) The Techniques of Interrogation:

a) Emotional Appeal – this is a technique where the investigator, combining his skills in of
an actor and a psychologist, addresses the suspect with an emotional appeal to confess.
This is applicable to first time offenders or those who are of the emotional type of
characteristics displayed by nervousness or emotional disturbances. Devotees of a
religious may belong to this type

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b) Sympathetic Approach – the investigator, in his preliminary or probing questions must

dig deep into the past troubles, plight and unfortunate events in the life of the suspect. An
offer of help, kindness, friendliness, may win his cooperation.
c) Friendliness – a friendly approach coupled with postrure of sincerity may induce the
suspect to confess.
d) Tricks and Bluffs:
(1) The Pretense of Solid Evidence against the Accused – the investigator bluffs the
suspects that even if he will not confess, there is enough evidence to send him to jail.
If he will confess, the investigator will see to it that his prison term will be within the
range of probation.
(2) The Weakest Link – among the suspects, there must be a careful selection as to who
among them is the weakest link where the interrogation will begin. By tricks and bluffs,
this weakest link will be told that his companions had already confessed. That this
weakest link had dealt the fatal blow or that he received the lion share of the loot in
order to intrigued him.
(3) Drama – the weakest link used to fake pain and the agony by ordering him to shout,
accompanied by banging a chair on the wall to make it appear that a commotion is
going on. The other suspect in separate rooms must hear the DRAMA before telling
them that their partner had confessed.
(4) Feigning Contact with Family Members – the suspect could be tricked that the
investigator had gone to the residence and the family members had supplied facts
against the suspect. The suspect’s family will be dragged in to the investigation if the
suspect will not confess.
(5) More Tricks and Bluffs – depending upon the imagination of the investigator in each
particular situation.
(6) The Line-up – the complainant, witness or victim is requested to point positively the
suspect who is among persons in the police line-up. The witnesses, vcitims or
complainant are previously coached about the identity of the suspect.
(7) Reverse Line-up – the suspect is placed among other persons in a line up and he is
identified by several complainant and witnesses who will associate the suspect in other
several crimes. This will cause the suspect to become desperate and confess only to
the case under investigation, to avoid from being charged on false accusations.
e) Stern Approach – the investigator displays a stern personality towards the suspect by
using the following method:
(1) Pretense of Physical Evidence – it is the pretense of laboratory or scientific findings
pointing to the suspect.

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(2) Jolting – in the questioning process, the investigator selects the right moment to shout
a pertinent question in an apparent righteous outrage. The suspect’s nerves will break
to a confession.
(3) Indifference – the presence of the suspect, the investigator will discuss and debate
about the string evidence of the case that will result to conviction of maximum penalty.
Their aim is to induce the suspect to confess by conditioning his mind that he is finally
cornered with no other recourse but to confess.
(4) Feigning Protection and Consideration – the investigator asks series of questions
appearing to be formalities with the impression that he knows the answers. That these
questions are asked as matters of considerations of the rights, protection and
advantage of the suspect.
(5) Opportunity to Lie - the suspect is given all the opportunities to lie. The suspect is
questioned about his personal life and family and friends and his knowledge about the
commission of the crime. This is repeated many times.
f) The Mutt and Jeff or Sweet and Sour Method – the first set of investigators must appear
to be rough, mean and dangerous. When they had finished the interrogation, the second
investigator intervenes by stopping the first set of investigators. By being sympathetic and
understanding, he begins his interrogation. If the suspect still refuses to cooperate, then
the process is repeated until there is confession.
g) Removing the Ethnic or Cultural Barrier – If the suspect is an Ilocano, he should be
interrogated by an Ilocano investigator and the same with other ethnic or cultural groups.
h) Searching for the Soft Spot – in every man’s heart, there is always that softest spot.
That spots maybe the youngest child, the wife, the mother, the brother who acted as his
father, the grandparents or the best friend. Once discovered, there must be a face to face
meeting with that person and that heart of steel will melt to pieces.
7) Additional Modern Techniques:
(a) Rationalization – it is the use of reasons, which is acceptable to the subject that led to the
commission of the crime.
(b) Projection – it is the process of putting the blame to other person, not alone to the suspect.
(c) Minimization – it is the act of minimizing the culpability of the suspect. The investigator
convinces the suspect that a confession will reduce the offense and the penalty.
8) Physical Signs of Deceptions:
(a) Sweating
(b) Color Change
(c) Dry Mouth
(d) Breathing
(e) Pulse
(f) Avoidance of Direct Eye Contact

iii. REFERENCES:

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a) Garcia, Rodolfo M. 2004. The Art of Criminal Investigation and Detection.

b) Manahan, Demetrio V. The Art of Crime Investigation
iv. ASSESSMENT: (See Annex : Assessment on Interview and Interrogation)

d) TOPIC 3: LAWS RELEVANT TO INTERVIEW AND INTERROGATION

i. LEARNING OBJECTIVES:
At the end of the topic, you are expected to:
a) Know the laws and constitutional requirements in the conduct of interview and
interrogation.
b) Interpret the salient provisions of the laws under RA 7438, RA 9745, and Articles
III, Sections 17, 20, & 12 of the 1935, 1973, and 1987 Philippine Constitution.
ii. LECTURE:
1. RA 9745 (Please see attached Annex 1.)
2. RA 7438 (Please see attached Annex 2.)
3. 1935 Philippine Constitution, Article III, Section 17 (1).
It provides that “In all criminal proceedings, the accused shall…enjoy the right to
be heard by himself and counsel.”
4. 1973 Philippine Constitution, Article III, Section 20.
It states that, “No person shall be compelled to be a witness against himself”
That any person under investigation for the commission of an offense shall have the
right to remain silent and to counsel, and to b informed of such right. No force,
intimidation, or any means, which vitiate the free will, shall be used against him. Any
confession obtained in violation of the right shall be inadmissible as evidence.
5. 1987 Philippine Constitution, Article III, Section 12 (1)
It states that, “Any person under investigation for the commission of an offense
shall have the right to be informed of his rights to remain silent and to have a
competent and independent counsel preferably of his choice. If the person cannot
afford the services of a counsel, he must be provided with one. These rights cannot be
waived EXCEPT in writing, signed and in the presence of a counsel.”
iii. REFERENCES:

a) RA 9745: An Act Penalizing Torture and Other Cruel, Inhuman and Degrading
Treatment or Punishment and Prescribing Penalties Thereof.
b) RA 7438: An Act Defining Certain Rights of Person Arrested, Detained or Under
Custodial Investigation as Well As the Duties of the Arresting, Detaining and
Investigating Officers, and Providing Penalties for Violations Thereof
c) 1935-1973-1987 Philippine Constitution.

iv. ASSESSMENT: (See Annex 4: Assessment on Interview and Interrogation)

ANNEX 1: REPUBLIC ACT N0. 9745

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AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING TREATMENT OR
PUNISHMENT AND PRESCRIBING PENALTIES THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Ad shall be known as the "Anti-Torture Act of 2009".

Section 2. Statement of Policy. - It is hereby declared the policy of the State:

(a) To value the dignity of every human person and guarantee full respect for human rights;

(b) To ensure that the human rights of all persons, including suspects, detainees and prisoners are
respected at all times; and that no person placed under investigation or held in custody of any person in
authority or, agent of a person authority shall be subjected to physical, psychological or mental harm,
force, violence, threat or intimidation or any act that impairs his/her free wi11 or in any manner
demeans or degrades human dignity;

(c) To ensure that secret detention places, solitary, incommunicado or other similar forms of detention,
where torture may be carried out with impunity, are prohibited; and

(d) To fully adhere to the principles and standards on the absolute condemnation and prohibition of
torture as provided for in the 1987 Philippine Constitution; various international instruments to which the
Philippines is a State party such as, but not limited to, the International Covenant on Civil and Political
Rights (ICCPR), the Convention on the Rights of the Child (CRC), the Convention on the Elimination of
All Forms of Discrimination Against Women (CEDA W) and the Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (CAT); and all other relevant international
human rights instruments to which the Philippines is a signatory.

Section 3. Definitions. - For purposes of this Act, the following terms shall mean:

(a) "Torture" refers to an act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person for such purposes as obtaining from him/her or a third person
information or a confession; punishing him/her for an act he/she or a third person has committed or is
suspected of having committed; or intimidating or coercing him/her or a third person; or for any reason
based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or
with the consent or acquiescence of a person in authority or agent of a person in authority. It does not
include pain or Buffering arising only from, inherent in or incidental to lawful sanctions.

(b) "Other cruel, inhuman and degrading treatment or punishment" refers to a deliberate and
aggravated treatment or punishment not enumerated under Section 4 of this Act, inflicted by a person
in authority or agent of a person in authority against a person under his/her custody, which attains a
level of severity causing suffering, gross humiliation or debasement to the latter.

(c) "Victim" refers to the person subjected to torture or other cruel, inhuman and degrading treatment or
punishment as defined above and any individual who has suffered harm as a result of any act(s) of
torture, or other cruel, inhuman and degrading treatment or punishment.

(d) "Order of Battle" refers to any document or determination made by the military, police or any law
enforcement agency of the government, listing the names of persons and organizations that it
perceives to be enemies of the State and that it considers as legitimate targets as combatants that it
could deal with, through the use of means allowed by domestic and international law.

Section 4. Acts of Torture. - For purposes of this Act, torture shall include, but not be limited to, the following:

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(a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a
person in authority upon another in his/her custody that causes severe pain, exhaustion, disability or
dysfunction of one or more parts of the body, such as:

(1) Systematic beating, headbanging, punching, kicking, striking with truncheon or rifle butt or
other similar objects, and jumping on the stomach;

(2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and other
stuff or substances not normally eaten;

(3) Electric shock;

(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of pepper
or other chemical substances on mucous membranes, or acids or spices directly on the
wound(s);

(5) The submersion of the head in water or water polluted with excrement, urine, vomit and/or
blood until the brink of suffocation;

(6) Being tied or forced to assume fixed and stressful bodily position;

(7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ or
rectum, or electrical torture of the genitals;

(8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear, tongue,
etc.;

(9) Dental torture or the forced extraction of the teeth;

(10) Pulling out of fingernails;

(11) Harmful exposure to the elements such as sunlight and extreme cold;

(12) The use of plastic bag and other materials placed over the head to the point of
asphyxiation;

(13) The use of psychoactive drugs to change the perception, memory. alertness or will of a
person, such as:

(i) The administration or drugs to induce confession and/or reduce mental competency; or

(ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and

(14) Other analogous acts of physical torture; and

(b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent of a

person in authority which are calculated to affect or confuse the mind and/or undermine a person's
dignity and morale, such as:

(1) Blindfolding;

(2) Threatening a person(s) or his/fher relative(s) with bodily harm, execution or other wrongful
acts;

(3) Confinement in solitary cells or secret detention places;

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(4) Prolonged interrogation;

(5) Preparing a prisoner for a "show trial", public display or public humiliation of a detainee or
prisoner;

(6) Causing unscheduled transfer of a person deprived of liberty from one place to another,
creating the belief that he/she shall be summarily executed;

(7) Maltreating a member/s of a person's family;

(8) Causing the torture sessions to be witnessed by the person's family, relatives or any third
party;

(9) Denial of sleep/rest;

(10) Shame infliction such as stripping the person naked, parading him/her in public places,
shaving the victim's head or putting marks on his/her body against his/her will;

(11) Deliberately prohibiting the victim to communicate with any member of his/her family; and

(12) Other analogous acts of mental/psychological torture.

Section 5. Other Cruel, Inhuman and Degrading Treatment or Punishment. - Other cruel, inhuman or
degrading treatment or punishment refers to a deliberate and aggravated treatment or punishment not
enumerated under Section 4 of this Act, inflicted by a person in authority or agent of a person in authority
against another person in custody, which attains a level of severity sufficient to cause suffering, gross
humiliation or debasement to the latter. The assessment of the level of severity shall depend on all the
circumstances of the case, including the duration of the treatment or punishment, its physical and mental
effects and, in some cases, the sex, religion, age and state of health of the victim.

Section 6. Freedom from Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, An
Absolute Bight. - Torture and other cruel, inhuman and degrading treatment or punishment as criminal acts
shall apply to all circumstances. A state of war or a threat of war, internal political instability, or any other public
emergency, or a document or any determination comprising an "order of battle" shall not and can never be
invoked as a justification for torture and other cruel, inhuman and degrading treatment or punishment.

Section 7. Prohibited Detention. - Secret detention places, solitary confinement, incommunicado or other
similar forms of detention, where torture may be carried out with impunity. Are hereby prohibited.

In which case, the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP) and other law
enforcement. agencies concerned shall make an updated list of all detention centers and facilities under their
respective jurisdictions with the corresponding data on the prisoners or detainees incarcerated or detained
therein such as, among others, names, date of arrest and incarceration, and the crime or offense committed.
This list shall be made available to the public at all times, with a copy of the complete list available at the
respective national headquarters of the PNP and AFP. A copy of the complete list shall likewise be submitted
by the PNP, AFP and all other law enforcement agencies to the Commission on Human Rights (CHR), such list
to be periodically updated, by the same agencies, within the first five (5) days of every month at the minimum.
Every regional office of the PNP, AFP and other law enforcement agencies shall also maintain a similar list far
all detainees and detention facilities within their respective areas, and shall make the same available to the
public at all times at their respective regional headquarters, and submit a copy. updated in the same manner
provided above, to the respective regional offices of the CHR.

Section 8. Applicability of the Exclusionary Rule; Exception. - Any confession, admission or statement
obtained as a result of torture shall be inadmissible in evidence in any proceedings, except if the same is used
as evidence against a person or persons accused of committing torture.

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College of Criminology
Borongan City

Section 9. Institutional Protection of Torture Victims and Other Persons Involved. - A victim of torture shall
have the following rights in the institution of a criminal complaint for torture:

(a) To have a prompt and an impartial investigation by the CHR and by agencies of government
concerned such as the Department of Justice (DOJ), the Public Attorney's Office (PAO), the PNP, the
National Bureau of Investigation (NBI) and the AFP. A prompt investigation shall mean a maximum
period of sixty (60) working days from the time a complaint for torture is filed within which an
investigation report and/or resolution shall be completed and made available. An appeal whenever
available shall be resolved within the same period prescribed herein,

(b) To have sufficient government protection against all forms of harassment; threat and/or intimidation
as a consequence of the filing of said complaint or the presentation of evidence therefor. In which case,
the State through its appropriate agencies shall afford security in order to ensure his/her safety and all
other persons involved in the investigation and prosecution such as, but not limited to, his/her lawyer,
witnesses and relatives; and

(c) To be accorded sufficient protection in the manner by which he/she testifies and presents evidence
in any fora in order to avoid further trauma.

Section 10. Disposition of Writs of Habeas Corpus, Amparo and Habeas Data Proceedings and Compliance
with a Judicial 07'der. - A writ of habeas corpus or writ of amparo or writ of habeas data proceeding, if any,
filed on behalf of the victim of torture or other cruel, degrading and inhuman treatment or punishment shall be
disposed of expeditiously and any order of release by virtue thereof, or other appropriate order of a court
relative thereto, shall be executed or complied with immediately.

Section 11. Assistance in Filing a Complaint. - The CHR and the PAO shall render legal assistance in the
investigation and monitoring and/or filing of the complaint for a person who suffers torture and other cruel,
inhuman and degrading treatment or punishment, or for any interested party thereto.

The victim or interested party may also seek legal assistance from the Barangay Human Rights Action Center
(BRRAC) nearest him/her as well as from human rights nongovernment organizations (NGOs).

Section 12. Right to' Physical, Medical and Psychological Examination. - Before and after interrogation, every
person arrested, detained or under custodial investigation shall have the right to he informed of his/her right to
demand physical examination by an independent and competent doctor of his/her own choice. If such person
cannot afford the services of his/her own doctor, he/she shall he provided by the State with a competent and
independent doctor to conduct physical examination. The State shall endeavor to provide the victim with
psychological evaluation if available under the circumstances. If the person arrested is a female, she shall be
attended to preferably by a female doctor. Furthermore, any person arrested, detained or under custodial
investigation, including his/her immediate family, shall have the right to immediate access to proper and
adequate medical treatment. The physical examination and/or psychological evaluation of the victim shall be
contained in a medical report, duly signed by the attending physician, which shall include in detail his/her
medical history and findings, and which shall he attached to the custodial investigation report. Such report shall
be considered a public document.

Following applicable protocol agreed upon by agencies tasked to conduct physical, psychological and mental
examinations, the medical reports shall, among others, include:

(a) The name, age and address of the patient or victim;

(b) The name and address of the nearest kin of the patient or victim;

(c) The name and address of the person who brought the patient or victim for physical, psychological
and mental examination, and/or medical treatment;

(d) The nature and probable cause of the patient or victim's injury, pain and disease and/or trauma;

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College of Criminology
Borongan City

(e) The approximate time and date when the injury, pain, disease and/or trauma was/were sustained;

(f) The place where the injury, pain, disease and/or trauma was/were sustained;

(g) The time, date and nature of treatment necessary; and

(h) The diagnosis, the prognosis and/or disposition of the patient.

Any person who does not wish to avail of the rights under this pr<;lvision may knowingly and voluntarily waive
such rights in writing, executed in the presence and assistance of his/her counsel.

Section 13. Who are Criminally Liable. - Any person who actually participated Or induced another in the
commission of torture or other cruel, inhuman and degrading treatment or punishment or who cooperated in
the execution of the act of torture or other cruel, inhuman and degrading treatment or punishment by previous
or simultaneous acts shall be liable as principal

Any superior military, police or law enforcement officer or senior government official who issued an order to
any lower ranking personnel to commit torture for whatever purpose shall be held equally liable as principals.

The immediate commanding officer of the unit concerned of the AFP or the immediate senior public official of
the PNP and other law enforcement agencies shall be held liable as a principal to the crime of torture or other
cruel or inhuman and degrading treatment or punishment for any act or omission, or negligence committed by
him/her that shall have led, assisted, abetted or allowed, whether directly or indirectly, the commission thereof
by his/her subordinates. If he/she has knowledge of or, owing to the circumstances at the time, should have
known that acts of torture or other cruel, inhuman and degrading treatment or punishment shall be committed,
is being committed, or has been committed by his/her subordinates or by others within his/her area of
responsibility and, despite such knowledge, did not take preventive or corrective action either before, during or
immediately after its commission, when he/she has the authority to prevent or investigate allegations of torture
or other cruel, inhuman and degrading treatment or punishment but failed to prevent or investigate allegations
of such act, whether deliberately or due to negligence shall also be liable as principals.

Any public officer or employee shall be liable as an accessory if he/she has knowledge that torture or other
cruel, inhuman and degrading treatment or punishment is being committed and without having participated
therein, either as principal or accomplice, takes part subsequent to its commission in any of the following
manner:

(a) By themselves profiting from or assisting the offender to profit from the effects of the act of torture or
other cruel, inhuman and degrading treatment or punishment;

(b) By concealing the act of torture or other cruel, inhuman and degrading treatment or punishment
and/or destroying the effects or instruments thereof in order to prevent its discovery; or(c) By harboring,
concealing or assisting m the escape of the principal/s in the act of torture or other cruel, inhuman and
degrading treatment or punishment: Provided, That the accessory acts are done with the abuse of the
official's public functions.

Section 14. Penalties. - (a) The penalty of reclusion perpetua shall be imposed upon the perpetrators of the
following acts:

(1) Torture resulting in the death of any person;

(2) Torture resulting in mutilation;

(3) Torture with rape;

(4) Torture with other forms of sexual abuse and, in consequence of torture, the victim shall
have become insane, imbecile, impotent, blind or maimed for life; and

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College of Criminology
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(5) Torture committed against children.

(b) The penalty of reclusion temporal shall be imposed on those who commit any act of
mental/psychological torture resulting in insanity, complete or partial amnesia, fear of becoming insane
or suicidal tendencies of the victim due to guilt, worthlessness or shame.

(c) The penalty of prision correccional shall be imposed on those who commit any act of torture
resulting in psychological, mental and emotional harm other than those described 1n paragraph (b) of
this section. '

(d) The penalty of prision mayor in its medium and maximum periods shall be imposed if, in
consequence of torture, the victim shall have lost the power of speech or the power to hear or to smell;
or shall have lost an eye, a hand, a foot, an arm or a leg; or shall have lost the use of any such
member; Or shall have become permanently incapacitated for labor.

(e) The penalty of prision mayor in its minimum and medium periods shall be imposed if, in
consequence of torture, the victim shall have become deformed or shall have lost any part of his/her
body other than those aforecited, or shall have lost the use thereof, or shall have been ill or
incapacitated for labor for a period of more than ninety (90) days.

(f) The penalty of prision correccional in its maximum period to prision mayor in its minimum period
shall be imposed if, in consequence of torture, the victim shall have been ill or incapacitated for labor
for mare than thirty (30) days but not more than ninety (90) days.

(g) The penalty of prision correccional in its minimum and medium period shall be imposed if, in
consequence of torture, the victim shall have been ill or incapacitated for labor for thirty (30) days or
less.

(h) The penalty of arresto mayor shall be imposed for acts constituting cruel, inhuman or degrading
treatment or punishment as defined in Section 5 of this Act.

(i) The penalty of prision correccional shall be imposed upon those who establish, operate and maintain
secret detention places and/or effect or cause to effect solitary confinement, incommunicado or other
similar forms of prohibited detention as provided in Section 7 of this Act where torture may be carried
out with impunity.

(j) The penalty of arresto mayor shall be imposed upon the responsible officers or personnel of the
AFP, the PNP and other law enforcement agencies for failure to perform his/her duty to maintain,
submit or make available to the public an updated list of detention centers and facilities with the
corresponding data on the prisoners or detainees incarcerated or detained therein, pursuant to Section
7 of this Act.

Section 15. Torture as a Separate and Independent Crime. - Torture as a crime shall not absorb or shall not
be absorbed by any other crime or felony committed as a consequence, or as a means in the conduct or
commission thereof. In which case, torture shall be treated as a separate and independent criminal act whose
penalties shall be imposable without prejudice to any other criminal liability provided for by domestic and
international laws.

Section 16. Exclusion from the Coverage of Special Amnesty Law. - In order not to depreciate the crime of
torture, persons who have committed any act of torture shall not benefit from any special amnesty law or
similar measures that will have the effect of exempting them from any criminal proceedings and sanctions.

Section 17. Applicability of Refouler. - No person shall be expelled, returned or extradited to another State
where there are substantial grounds to believe that such person shall be in danger of being subjected to
torture. For the purposes of determining whether such grounds exist, the Secretary of the Department of

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College of Criminology
Borongan City

Foreign Affairs (DFA) and the Secretary of the DOJ, in coordination with the Chairperson of the CHR, shall
take into account all relevant considerations including, where applicable and not limited to, the existence in the
requesting State of a consistent pattern of gross, flagrant or mass violations of human rights.

Section 18. Compensation to Victims of Torture. - Any person who has suffered torture shall have the right to
claim for compensation as provided for under Republic Act No. 7309: Provided, That in no case shall
compensation be any lower than Ten thousand pesos (P10,000.00). Victims of torture shall also have the right
to claim for compensation from such other financial relief programs that may be made available to him/her
under existing law and rules and regulations.

Section 19. Formulation of a Rehabilitation Program. - Within one (1) year from the effectivity of this Act, the
Department of Social Welfare and Development (DSWD), the DOJ and the Department of Health (DOH) and
such other concerned government agencies, and human rights organizations shall formulate a comprehensive
rehabilitation program for victims of torture and their families. The DSWD, the DOJ and thc DOH shall also call
on human rights nongovernment organizations duly recognized by the government to actively participate in the
formulation of such program that shall provide for the physical, mental, social, psychological healing and
development of victims of torture and their families. Toward the attainment of restorative justice, a parallel
rehabilitation program for persons who have committed torture and other cruel, inhuman and degrading
punishment shall likewise be formulated by the same agencies.

Section 20. Monitoring of Compliance with this Act. - An Oversight Committee is hereby created to periodically
oversee the implementation of this Act. The Committee shall be headed by a Commissioner of the CRR, with
the following as members: the Chairperson of the Senate Committee on Justice and Human Rights, the
respective Chairpersons of the House of Representatives' Committees on Justice and Human Rights, and the
Minority Leaders of both houses or their respective representatives in the minority.

Section 21. Education and Information Campaign. - The CHR, the DOJ, the Department of National Defense
(DND), the Department of the Interior and Local Government (DILG) and such other concerned parties in both
the public and private sectors shall ensure that education and information regarding prohibition against torture
and other cruel, inhuman and degrading treatment or punishment shall be fully included in the training of law
enforcement personnel, civil or military, medical personnel, public officials and other persons who may be
involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or
imprisonment. The Department of Education (DepED) and the Commission on Higher Education (CHED) shall
also ensure the integration of human rights education courses in all primary, secondary and tertiary level
academic institutions nationwide.

Section 22. Applicability of the Revised Penal Code. - The provisions of the Revised Penal Code insofar as
they are applicable shall be suppletory to this Act. Moreover, if the commission of any crime punishable under
Title Eight (Crimes Against Persons) and Title Nine (Crimes Against Personal Liberty and Security) of the
Revised Penal Code is attended by any of the acts constituting torture and other cruel, inhuman and degrading
treatment or punishment as defined herein, the penalty to be imposed shall be in its maximum period.

Section 23. Appropriations. - The amount of Five million pesos (Php5,000,000.00) is hereby appropriated to
the CHR for the initial implementation of tills Act. Thereafter, such sums as may be necessary for the continued
implementation of this Act shall be included in the annual General Appropriations Act.

Section 24. Implementing Rules and Regulations. - The DOJ and the CHR, with the active participation of
human rights nongovernmental organizations, shall promulgate the rules and regulations for the effective
implementation of tills Act. They shall also ensure the full dissemination of such rules and regulations to all
officers and members of various law enforcement agencies.

Section 25. Separability Clause. - If any provision of this Act is declared invalid or unconstitutional, the other
provisions not affected thereby shall continue to be in full force and effect.

Section 26. Repealing Clause. - All laws, decrees, executive orders or rules and regulations contrary to or
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

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College of Criminology
Borongan City

Section 27. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or
in at least two (2) newspapers of general circulation.

ANNEX 2: Republic Act No. 7438             April 27, 1992

AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL

INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND INVESTIGATING
OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

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Section 1. Statement of Policy. – It is the policy of the Senate to value the dignity of every human being and
guarantee full respect for human rights.

Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public
Officers. –

(a) Any person arrested detained or under custodial investigation shall at all times be assisted by
counsel.

(b) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains
or investigates any person for the commission of an offense shall inform the latter, in a language known
to and understood by him, of his rights to remain silent and to have competent and independent
counsel, preferably of his own choice, who shall at all times be allowed to confer privately with the
person arrested, detained or under custodial investigation. If such person cannot afford the services of
his own counsel, he must be provided with a competent and independent counsel by the investigating
officer.lawphi1Ÿ

(c) The custodial investigation report shall be reduced to writing by the investigating officer, provided
that before such report is signed, or thumbmarked if the person arrested or detained does not know
how to read and write, it shall be read and adequately explained to him by his 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.

(d) Any extrajudicial confession made by a person arrested, detained or under custodial investigation
shall be in writing and signed by such person in the presence of his counsel or in the latter's absence,
upon a valid waiver, and in the presence of any of the parents, elder brothers and sisters, his spouse,
the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel
as chosen by him; otherwise, such extrajudicial confession shall be inadmissible as evidence in any
proceeding.

(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised
Penal Code, or under custodial investigation, shall be in writing and signed by such person in the
presence of his counsel; otherwise the waiver shall be null and void and of no effect.

(f) 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 of by any
international non-governmental organization duly accredited by the Office of the President. The
person's "immediate family" shall include his or her spouse, fiancé or fiancée, parent or child, brother or
sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward.

As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation" to a person who
is investigated in connection with an offense he is suspected to have committed, without prejudice to the
liability of the "inviting" officer for any violation of law.

Section 3. Assisting Counsel. – Assisting counsel is any lawyer, except those directly affected by the case,
those charged with conducting preliminary investigation or those charged with the prosecution of crimes.

The assisting counsel other than the government lawyers shall be entitled to the following fees;

(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable with light
felonies;lawphi1©alf

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College of Criminology
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(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable with less
grave or grave felonies;

(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is chargeable with a
capital offense.

The fee for the assisting counsel shall be paid by the city or municipality where the custodial
investigation is conducted, provided that if the municipality of city cannot pay such fee, the province
comprising such municipality or city shall pay the fee: Provided, That the Municipal or City Treasurer
must certify that no funds are available to pay the fees of assisting counsel before the province pays
said fees.

In the absence of any lawyer, no custodial investigation shall be conducted and the suspected person can only
be detained by the investigating officer in accordance with the provisions of Article 125 of the Revised Penal
Code.

Section 4. Penalty Clause. – (a) Any arresting public officer or employee, or any investigating officer, who
fails to inform any person arrested, detained or under custodial investigation of his right to remain silent and to
have competent and independent counsel preferably of his own choice, shall suffer a fine of Six thousand
pesos (P6,000.00) or a penalty of imprisonment of not less than eight (8) years but not more than ten (10)
years, or both. The penalty of perpetual absolute disqualification shall also be imposed upon the investigating
officer who has been previously convicted of a similar offense.

The same penalties shall be imposed upon a public officer or employee, or anyone acting upon orders
of such investigating officer or in his place, who fails to provide a competent and independent counsel
to a person arrested, detained or under custodial investigation for the commission of an offense if the
latter cannot afford the services of his own counsel.

(b) Any person who obstructs, prevents or prohibits any lawyer, any member of the immediate family of
a person arrested, detained or under custodial investigation, or any medical doctor or priest or religious
minister chosen by him or by any member of his immediate family or by his counsel, from visiting and
conferring privately with him, or from examining and treating him, or from ministering to his spiritual
needs, at any hour of the day or, in urgent cases, of the night shall suffer the penalty of imprisonment of
not less than four (4) years nor more than six (6) years, and a fine of four thousand pesos
(P4,000.00).lawphi1©

The provisions of the above Section notwithstanding, any security officer with custodial responsibility over any
detainee or prisoner may undertake such reasonable measures as may be necessary to secure his safety and
prevent his escape.

Section 5. Repealing Clause. – Republic Act No. No. 857, as amended, is hereby repealed. Other laws,
presidential decrees, executive orders or rules and regulations, or parts thereof inconsistent with the provisions
of this Act are repealed or modified accordingly.

Section 6. Effectivity. – This Act shall take effect fifteen (15) days following its publication in the Official
Gazette or in any daily newspapers of general circulation in the Philippines.

Approved: April 27, 1992.lawphi1Ÿ

ANNEX 3:

A: INTERVIEW ASSESSMENT Coverage: Week 3 (September 28 – October 3, 2020)

INSTRUCTIONS: Write/encode your answers on sheets of long bond paper.

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College of Criminology
Borongan City

A. Why do investigators INTERVIEW witnesses of a crime or incident? State and explain your answer in
one (1) paragraph of not less than 30 words. (10 points)
B. Welcome to Counter-strike I! There are reasons witnesses refuse to talk and testify in court. Show
me how will you counter or find solutions on the reasons of witnesses who refuse to talk and testify.

WITNESS: REASONS INVESTIGATOR: COUNTER-SOLUTION

1) Fear of Reprisal 1) ____________________________________________
2) Great Inconvenience 2) ____________________________________________
3) Hatred against the Police 3) ____________________________________________
4) Bias of the Witness 4) ____________________________________________
5) Avoidance of Publicity 5) ____________________________________________
6) Family Restriction 6) ____________________________________________
7) Bigotry 7) ____________________________________________
8) Cultist Indoctrination 8) ____________________________________________

C. Which Stage of Handling the Interview is relevant to the Golden Rule of Interview? Pick and discuss
their relevance in one (1) paragraph of not less than 30 words. (10 points)

D. Welcome to Counter-strike II! There are types of witnesses according to their attitude that
investigators must have to deal with during interview. Show me how will you counter or find solutions on
the attitudes of witnesses stated below.

WITNESS: ATTITUDE INVESTIGATOR: COUNTER-SOLUTION

1) Know-Nothing Type 1) ____________________________________________
2) Disinterested Type 2) ____________________________________________
3) The Drunken Type 3) ____________________________________________
4) Suspicious Type 4) ____________________________________________
5) Talkative Type 5) ____________________________________________
6) Honest Witness 6) ____________________________________________
7) Deceitful Witness 7) ____________________________________________
8) Timid Witness 8) ____________________________________________
9) Boasting, Egoistic Witness 9) ____________________________________________
10) Refuse to Talk Witness 10) ___________________________________________

E. Practical Exercises on Information Gathering & Conduct of Interview

ANNEX 4

B: INTERROGATION ASSESSMENT Coverage: Week 4 (October 5 - 12, 2020)

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Borongan City

A) Why do investigators conduct INTERROGATION on suspects of a crime or incident? State and explain
your answer in one (1) paragraph of not less than 30 words. (10 points)

B) Distinguishing confession from admission, who do you think should be investigated? Is it the person
who CONFESSED he/she committed a crime or the one who ADMITTED certain facts or circumstance.
(10 points)

C) Analyze Miranda Doctrine the relevance and distinction of Miranda Doctrine to the 1935 Philippine
Constitution, Article III, Section 17, 1973 Philippine Constitution, Article III, Section 20, 1987 Philippine
Constitution, Article III, Section 12. Write/encode your analyses in 4 paragraphs of not less than 100
words on long sheets of bond paper. (60 points)

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