Fundamentals of

Criminal Investigation
 GENERAL PRINCIPLES OF INVESTIGATION

DEFINITION OF INVESTIGATION
Investigation is the collection of facts to
accomplish a three-fold aim:
a. to identify the suspect;
b. to locate the suspect; and
c. to provide evidence of his guilt.

In the performance of duties, the investigator

must seek to establish the six (6) Cardinal Points of
Investigation, namely: What specific offense has been
committed; How the offense was committed; Who
committed it; Where the offense was committed; When
it was committed; and Why it was committed?
 Criminal Investigation
Criminal Investigation is an Art, not a science. But
we must treat it partially as a science in order that we
will be guided by the general principles and concepts;
the provisions of laws pertinent to our Criminal Justice
System and the application of general science as an
aid in the solution of the case.

CRIMINAL INVESTIGATOR – A public safety officer

who is tasked to conduct the investigation of all criminal
cases as provided for and embodied under the Revised
Penal Code/Criminal Laws and Special Laws which are
criminal in nature.

A well-trained, disciplined and experienced

professional in the field of criminal investigation duties
and responsibilities.
Tools of an Investigator in Gathering
Facts
a. Information – Data gathered by an investigator
from other persons including the victim himself and
from:
1. Public records;
2. Private records; and
Regular Sources
3. Modus Operandi file.
4. Cultivated Sources – information furnished
by informants or informers

b. Interview – Skillful questioning of witnesses

and suspects.
c. Instrumentation – Scientific examination of real
evidence, application of instrument and methods
of the physical sciences in detecting offender.
 The main objective of a police investigator is to
gather all facts in order to:
Phase I- Identify the suspect/s through
(1) confession;
(2) eyewitness testimony,
(3) circumstantial evidence; and
(4) associate evidence;
Phase II - Locate and apprehend suspect/s;
Phase III - 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 scene;
competent and credible witnesses must be
available; and the
physical evidence must be appropriately
identified.
The investigator must know by heart the
elements of a specific crime.
PHYSICAL EVIDENCE - Evidence addressed to the senses
of the court that are capable of being exhibited,
examined, or viewed by the court. This includes but not
limited to fingerprints, body fluids, explosives,
hazardous chemicals, soil/burned debris, bombs,
electronic parts used in the commission of the crime.

Kinds of Physical Evidence

a. Corpus Delicti – These are the object or substances, which

constitute the essential parts or elements of the
commission of the crime. It is sometimes called the body of
the crime.
b. Associative Evidence- Pieces of evidence which will link
the suspect to the crime scene, such as fingerprint, foot or
shoe impressions, etc.
c. Tracing Evidence- Article which assist the investigator in
locating the criminal. Stolen goods in the possession of the
suspect is one of the examples.
CIRCUMSTANTIAL EVIDENCE – Evidence of
circumstances which are strong enough to cast
suspicion upon the defendant and which are sufficiently
strong to overcome the presumption of innocence, and
to exclude every hypothesis except that of the guilt of
the defendant.

CORROBORATIVE EVIDENCE – Additional evidence

of a different kind and character tending to prove the
same point.
STANDARD METHODS OF RECORDING INVESTIGATIVE DATA

a. Photographs;

b. Sketching crime scenes;

c. Written notes (what you have seen or observed);

d. Developing and lifting fingerprints found at the crime scene;

e. Gathering physical evidence;

f. Plaster cast;

g. Tape recording of sounds;

h. Video tape recording of objects; and

i. Written statements of subject(s) and witnesses.

 PROTOCOLS IN INVESTIGATION

Protocol 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
. Protocol 2: Official Police Blotter
a. A Police Blotter is an 18” x 12” logbook with hard-
bound cover
that contains the daily register of all crime incident reports,
official summary of arrests, and other significant events
reported
in a police station.

b. As a general rule, all crime incidents must be

recorded in the
official police blotter.

c. A separate Police Blotter, however, shall be

maintained for offenses requiring confidentiality like violence
against women and children and those cases involving a
child in conflict with the law to protect their privacy pursuant
to R.A. 9262 (Anti-Violence Against Women and Children
Act of 2004) and R.A. 9344 (Juvenile Justice and Welfare
Act of 2006).
Protocol 3: Investigation Team: Organization
and Equipment
a. All investigators in any police unit must be
a graduate of prescribed investigation course
with a rank of at least PO2 (pre-requisite to
assignment).

b. Composition:
 1. Team Leader;
 2. Investigator/recorder;
 3. Photographer;
 4. Evidence custodian; and
 5. Composite Illustrator/Artist
c. Equipment of the investigator:
1. Police line;
2. Video camera;
3. Voice recorder;
4. Camera;
5. Measuring device;
6. Gloves;
7. Flashlight;
8. Fingerprint kit;
9. Evidence bag;
10. Evidence tag;
11. Evidence bottles/vials; and
12. Investigator’s tickler (contains the following)
a) Investigator’s checklist
b) Anatomical diagram form
c) Evidence checklist
d) Turn-over receipt
Protocol 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 all 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 material like
ropes, straws or human as barricade to preserve its
integrity;
 d. Check whether the situation still poses imminent
danger and call for back up if necessary;
 e. Identify possible witnesses and conduct
preliminary interview and ensure their availability for
the incoming investigator-on-case;
 g. Prepare to take the “Dying Declaration” of severely
injured persons with the following requisites:
 1. That death is imminent and the declarant is conscious of
that fact;
 2. That the declaration refers to the cause and surrounding
circumstances of such death;
 3. That the declaration relates to facts which the victim is
competent to testify to; and
 4. That the declaration is offered in a case wherein the
declarant’s death is the subject of the inquiry. (Section 37,
Rule 130 of the Rules of Court).
 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; and

 k. Brief the investigator-on-case upon arrival and turn

over the crime scene.

 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.
Protocol 6: Investigation of Suspects
a. Procedures when arrest is made
 1. Secure the person arrested (handcuff at the
back);
 2. Inform the arrested person on the cause of his
arrest and his rights as provided for in the
Constitution;
 3. Conduct thorough search for weapons and other
illegal materials against the suspect/s;
 4. Use reasonable force in making arrest;

 5. Confiscated evidence shall be properly

documented and marked;
 6. Bring the arrested person to the Police Station for
investigation.
b. Booking Procedures of the Arrested Person/Suspect

 1. The arrested suspect shall be fingerprinted,

photographed and subjected to medical examination
to include liquor and drug tests.

 2. Conduct record check.

Protocol 7: Taking of Sworn Statements of
Suspects
The execution of a suspect’s “WAIVER”
as stipulated in Art 125 of the RPC shall
always be done in the presence of his chosen
counsel or any independent counsel.
Article 125. Delay in the Delivery of Detained
Persons to the Proper Judicial Authorities
- The penalties in the next preceding article (Art
124) shall be imposed upon the public officer or
employee who shall detain any person for some legal
ground and shall fail to deliver such person to the proper
judicial authorites within the ff period of;
12 hrs --- light penalties or their equivalent
18 hrs --- correctional penalties or their equivalent
36 hrs ---- afflictive or capital penalties or their
equivalent
Protocol 9: Preparation of Reports and Filing of
Charges
The Investigator-On-Case shall submit the
following:

 a. Spot Report within 24 hrs to HHQ;

 b. Progress Report;
 c. After Operation Report;
 d. Final Report after the case is filed before the
prosecutor’s office/court; and
 e. Accomplishment Report.
c. If the suspect is arrested at the scene:

 1. Get the names of the persons who turned-over or

arrested the suspect.
 2. Isolate the arrested suspect/s and separate them
from any probable witness of the incident.
 3. Record what time the suspect was arrested.
 4. Wait for the investigator to interview the suspect.
 5. If the suspect volunteers any statement, take note
of the time, location and circumstances of the
statements.
Investigation Procedure at the Crime Scene
a. Upon arrival at the crime scene
1. Receive the crime scene from the first
responder.
2. Record time/date of arrival at the crime scene,
location of the scene, condition of the weather,
condition and type of lighting, direction of wind
and visibility.
3. Photograph and/or video the entire crime
scene.
4. Before entering the crime scene, all
investigators must put on surgical gloves.
5. Before touching or moving any object at the crime
scene in a homicide or murder case, determine first the
status of the victim, whether he is still alive or already
dead. If the victim is alive, the investigator should exert
effort to gather information from the victim himself
regarding the circumstances of the crime, while a
member of the team or someone must call an
ambulance from the nearest hospital.
Before removing the victim, mark, sketch and
photograph his/her relative position.
Only a coroner or a medical examiner shall
remove the dead body unless unusual circumstances
justify its immediate removal.
 b. Recording
The investigator begins the process of recording
pertinent facts and details of the investigation the
moment he arrives at the crime scene. (He should
record the time when he was initially notified prior to his
arrival). He also writes down the identification of
persons involved and what he initially saw.
He also draws a basic sketch of the crime scene
and takes the initial photograph (if a photographer is
available, avail his services). This is to ensure that an
image of the crime scene is recorded before any
occurrence that disturbs the scene.
As a rule, do not touch, alter or remove anything at
the crime scene until the evidence has been processed
through notes, sketches and photograph, with proper
measurements.
c. Searching for evidence

1. Each crime is different, according to the

physical nature of the scene and the crime or
offense involved.
A general survey of the scene is always
made, however, to note the locations of
obvious traces of action, the probable entry
and exit points used by the offender(s) and the
size and shape of the area involved.
2. In rooms, buildings, and small outdoor areas,
a systematic search of evidence is initiated (In
the interest of uniformity, it is recommended that
the clockwise movement be used.) The
investigator examines each item encountered
on the floor, walls, and ceiling to locate anything
that may be of evidentiary value.

3. You should give particular attention to fragile

evidence that may be destroyed or
contaminated if it is not collected when
discovered.
 4. If any doubt exists as to the value of an item, treat
it as evidence until proven otherwise.

 5. Ensure that the item or area where latent

fingerprints may be present is closely examined and
that action is taken to develop the prints.

 6. Carefully protect any impression of evidentiary

value in surfaces conducive to making casts or
molds. If possible, photograph the impression and
make a cast or mold.

 7. Note stains, spots and pools of liquid within the

scene and treat them as evidence.
8. Treat as evidence all other items, such as hairs,
fibers, and earth particles foreign to the area in which
they are found; for example, matter found under the
victim’s fingerprints.

9. Proceed systematically and uninterruptedly to the

conclusion of the processing of the scene.
The investigator has returned to the point from
which the search began.

10. Further search may be necessary after the

evidence and the statements obtained have been
evaluated.
11. In large outdoor areas, it is advisable to divide the
area into strips about four (4) feet wide.

12. It may be advisable to make a search beyond the

area considered to be the immediate scene of the
incident or crime
13. After completing the search of the scene, the
investigator examines the object or person actually
attacked by the offender.
14. In a homicide case, the position of the victim should
be outlined with a chalk or any other suitable material
before the body is removed from the scene. If the victim
has been pronounced dead by a doctor or is obviously
dead, it is usually advisable to examine the body, the
clothing and the area under the body after the
remainder of the scene has been searched.
This is to enable the policeman/investigator to
evaluate all objects of special interest in the light of all
other evidence found at the scene.
d. Collection of Evidence
This is accomplished after the search is
completed, the rough sketch finished and photographs
taken. Fragile evidence should be collected as they are
found.
All firearms (FAs) found to have tampered serial
numbers (SNs) shall be automatically subjected to
macro etching at the Philippine National Police Crime
Laboratory (PNP-CL).
A corresponding request to the Firearms and
Explosive Office (FEO) must be made for verification
purposes. The investigator places his initials, the date
and time of discovery on each item of evidence for
proper identification. Items that could not be marked
should be placed in a suitable container and sealed.
e. Markings of Evidence
Any physical evidence obtained must be marked or
tagged before its submission to the evidence custodian.
These are information to ensure that the items can be
identified by the collector at any time in the future.
This precaution will help immeasurably to establish the
credibility of the collector’s report or testimony and will
effectively avoid any suggestions that the item has been
misidentified.
Markings on the specimen must at least contain the
following:
 1. Exhibit Case Number

 2. Initials and or signature of the collecting officer.

 3. Time and date of collection.

 NOTE: It is also important to note the place or location

where the evidence was collected.
g. Preservation of Evidence
It is the investigator’s responsibility to
ensure that every precaution is exercised to
preserve physical evidence in the state in which
it was recovered/ obtained until it is released to
the evidence custodian.

h. Releasing of Evidence
All collected evidence can only be released
upon order of the court or prosecutor, as the
case maybe.
i. Chain of Custody
A list of all persons who came into possession of
an item of evidence, continuity of possession, or the
chain of custody, must be established whenever
evidence is presented in court as an exhibit. Every
person who handled or examined the evidence and
where it is at all times must be accounted for.
As a rule, all seized evidence must be in the
custody of the evidence custodian and deposited in the
evidence room or designated place for safekeeping.
 j. Transmittal of Evidence to Crime Laboratory
Proper handling of physical evidence is necessary
to obtain the maximum possible information upon which
scientific examination shall be based, and to prevent
exclusion as evidence in court. With these in mind, the
following principles should be observed in handling all
types of evidence:
 1. The evidence should reach the laboratory in same
condition as when it was found, as much as possible.
 2. The quantity of specimen should be adequate.
Even with the best equipment available, good results
cannot be obtained from insufficient specimens.
 3. Submit a known or standard specimen for
comparison purposes.
4. Keep each specimen separate from others so there
will be no intermingling or mixing of known and
unknown material. Wrap and seal in individual
packages when necessary.

5. Mark or label each of evidence for positive

identification as the evidence taken from a particular
location in connection with the crime under
investigation.

6. The chain of custody of evidence must be

maintained. Account for evidence from the time it is
collected until it is produced in court. Any break in this
chain of custody may make the material inadmissible as
evidence in court.
Methods of Crime Scene Search
a. Strip Search Method- In this method, the area is
blocked out in the form of a rectangle. The three (3)
Searchers A, B, and C, proceed slowly at the same
pace along paths parallel to one side of the rectangle.
At the end of the rectangle, the searchers turn and
proceed along new lanes as shown in the above
illustration.
b. Double Strip Search Method
The double strip or grid method of search is a
modification of the Strip Search Method. Here, the
rectangle is traversed first parallel to the base then
parallel to a side.
c. Spiral Search Method
In this method, the three searchers follow each
other along the path of a spiral, beginning on the
outside and spiraling in toward the center. Known as
clockwise or counter clock wise pattern.
d. Zone Search Method
In this method, one searcher is assigned to each
subdivision of a quadrant, and then each quadrant is
cut into another set of quadrants.
e. Wheel Search Method
In this method of search, the area is considered
to be approximately circular. The searchers gather at
the center and proceed outward along radii or spokes.
One shortcoming of this method is the great increase
in the area to be observed as the searcher departs
from the center.
e. Types of sketches:
 1. Floor plan or “bird‟s-eye view”;

 2. Elevation drawing;

 3. Exploded view; and

 4. Perspective drawings.

Sketch- It is graphic representation of the scene of the

crime. With complete measurements of the relative
distances of relevant object and conditions obtaining
therein.
Rough Sketch- made at crime scene without
scale of proportion.
Finished Sketch- usually made after the crime
scene based on rough sketch and usually presented in
court trial.
 f. Keep the rough sketch even when you
have completed the final sketch.
 g. Indicate the North direction with an
arrow.
 h. Draw the final sketch to scale.
 i. Indicate the PLACE in the sketch as
well as the person who drew it. Use KEY-
capital letters of the alphabet for listing
down more or less normal parts or
accessories of the place, and numbers
for items of evidence.
 j. Indicate the position, location and
relationship of objects.
k. Methods or systems of locating points
(objects) on sketch:
 1. Rectangular coordinates. (Measurements at
right angles from each of two walls).
 2. Coordinates constructed on transecting
base line. Choose relatively fixed points for
your base line.
 3. Triangulation. (Measurements made from
each of two fixed objects to the point you want
to plot or locate so as to form an imaginary
triangle. Sketch will show as many imaginary
triangles as there are objects plotted).
l. Critical measurements, such as skid marks,
should be checked by two (2) investigators.
m. Measurements should be harmony or in
centimeters, inches, yards, meters, mixed in one
sketch.
n. Use standard symbols in the sketch.
o. Show which way the doors swing.
p. Show with arrow the direction of stairways.
q. Recheck the sketch for clarity, accuracy,
scale, and title, key.
1. Significant Cases:
a) Bombing Incident
b) Initiated terrorist activities
c) Raids, ambuscade, liquidation
d) KFR case e) Armed Robbery of Banks and
other
f) Financial institution
g) Calamity/Disaster
h) Massacre
i) Heinous crimes (as defined by law)
j) Murder, Homicide, Arson, Rape with
Homicide
2. Sensational Cases:
a) Elected Public Officials (Brgy Captain up to
President of the RP)
b) Appointed public officials with the rank of
commissioner, secretary and undersecretary
c) Foreign diplomat
d) Any foreigner
e) PNP/AFP personnel
f) Former high-ranking government officials
g) Other prominent figures such as movie stars,
sports stars, tri-media practitioners, prominent
businessmen, professionals, and prominent
leaders of religious organizations.
Release of Crime Scene
Ensure that appropriate inventory has been
provided.
a. Release the scene with the notion that there is
only one chance to perform job correctly and
completely.

b. Release is accomplished only after completion

of the final survey and proper documentation.
 INVESTIGATION OF CRIMES PUNISHABLE UNDER
THE REVISED PENAL CODE
CRIMES AGAINST THE FUNDAMENTAL LAWS OF
THE STATE
b. What are the elements of the Crime of Arbitrary
Detention? (Art. 124)
1. The offender is a public officer or any private persons
conspiring with a public officer.
2. The person arrested is without warrant of arrest
and/or without legal cause or justified cause.
3. The detention of arrested person exceeds the
reglementary period for filing the charges in court,
depending on its gravity.
4. Other analogous acts
Warrantless arrest by Police Officer is justified under these
circumstances:
 1. When, in his presence, the person to be arrested has
committed, is actually committing, or is attempting to
commit an offense;

 2. When an offense has just been committed and he

has probable cause to believe based on personal
knowledge of facts or circumstances that the person to
be arrested has committed it; and

 3. When the person to be arrested is a prisoner who

has escaped from a penal establishment or place
where he is serving final judgment or is temporarily
confined while his case is pending, or has escaped
while being transferred from one confinement to
another.
RA 7438 – RIGHTS OF THE PERSON UNDER
CUSTODIAL INVESTIGATION
Violations under RA 7438:
 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 rights to remain and to have competent and
independent counsel preferably of his own choice; and

 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 or by his counsel, from visiting and
conferring privately chosen by him or by any member
of his immediate family with him, or from examining
and treating him or from ministering to his spiritual
needs.
DELAYING RELEASE (Art. 126)
b. What are the elements of Delaying Release?

 1. The offenders are wardens and jailers.

 2. There is an order from the court or
prosecutor releasing the detained person.
 3. The wardens refused or delayed the lawful
release of the detained person.
 4. Other analogous acts
SEARCH WARRANT MALICIOUSLY OBTAINED AND
ABUSE IN THE SERVICE OF THOSE LEGALLY
OBTAINED (Art. 129)
b. What are the elements of Search Warrant Maliciously
Obtained and Abuse in the Service of Those Legally
Obtained?
 1. There is a search warrant whether valid or
maliciously
 2. The act of procuring a search warrant without
cause or serving a search warrant is with abuse of
authority.
 3. The evidence obtained is not in accordance with
description stated in the search warrant.
 4. Other analogous acts
 NOTES: Requisites for a valid search
warrant:
 1. There must be probable cause.
 2. Probable cause must be determined
personally by the judge.
 3. The determination must be based on the
examination, under oath or affirmation of the
complainant and witness he my produce.
 4. It must particularly describe the place to
be searched and the person or thing to be
seized.
 The warrant may have been lawfully
procured but if rules on its implementation
are not observed, any object seized in
connection therewith is inadmissible for
being “poisonous fruit of a poisonous tree.”
c. When can search be made without search
warrant.
 1. There is valid waiver.

 2. Stop and search

 3. Customs searches

 4. Plain view

 5. Moving vehicles

 6. Search incident to lawful arrest

SEARCHING DOMICILE WITHOUT WITNESS (Art.
130)

b. What are the elements of Searching Domicile

without Witness?

 1. The offender is a public officer who conducted a

search without a witness required by law.

 2. There is an act of “planting evidence” that would

later be used against the dwelling owner.

 3. The offender is a public officer

authorized/deputized to conduct search.

 4. Other analogous acts

 Other Terms in Investigation
Interview – simple questioning of a person who cooperates
/voluntarily give their accounts about the commission of a
crime to the investigator.
Interrogation – It is the process of obtaining an admission
or confession from those suspects to have committed a
crime. The terms applies to an uncooperative or recalcitrant
witness.
TACTICAL INTERROGATION REPORT – The report
rendered by an interrogator/ investigator which contains the
following information of subjects: a) Personal and family
background; b) Educational background; c) Professional
background; d) Criminal activities/ associates, armaments;
e) Plans.
ADMISSION – The term “admission” embraces
any statement of fact made by a party which is
against his interest or unfavorable to the
conclusion for which he contends or inconsistent
with the facts alleged by him.
CONFESSION – It is an express acknowledgment
by the accused in a criminal prosecution of the
truth of his guilt as to the offense charged, while
admission refers to statements of fact not directly
constituting an acknowledgment of guilt.
ALLEGED – The word “alleged” or “allegedly”
connotes something “claimed”. It leaves the truth
of the averment an open question.
ANTE MORTEM – Before death.
ARREST – It is the taking of a person into custody in order
that he may be bound to answer for the commission of an
offense.
ARSON - Is defined as the intentional or malicious
destruction of a property by fire. It is also defined as the
criminal burning of property.
AUTHORITY – A person or persons, or a body,
exercising power or command; for those upon
whom the people have conferred authority.
BAIL – a bond given to secure the personal
liberty of one held in restraint upon a criminal or
quasi criminal charge.
BAND – A group of more than three armed
malefactors who act together in the commission
of an offense.
BURDEN OF PROOF – is the duty of proving the
facts in dispute on an issue raised between the parties
in a cause. The burden of proof always lies on the
party who takes the affirmative in pleading. In criminal
cases, the burden of proof rests on the prosecutor,
unless a different provision is expressly made by
statute.
CADAVER - A corpse or a dead body.
CERTIORARI – The extra-ordinary remedy to
correct an actuation of a judge who has acted
without jurisdiction, in excess of jurisdiction or
clearly in grave abuse of discretion.
CHILD – Shall refer to a person below eighteen
(18) years of age or one is found to be incapable
of taking care of himself fully because of a
physical or mental disability or condition or of
protecting himself from abuse.
COMPLEX CRIME – A single act which
constitutes two or more grave or less grave
felonies, or an offense which is a necessary
means for committing the order.
CONTEMPT – In its broad sense, contempt
constitutes a disobedience to the court by acting in
opposition to its authority, justice and dignity.
CONTINUING OFFENSE – A crime in which some
acts material and essential thereto occur in one
province and some in another. For example: the
crimes of estafa or malversation, and of abduction. In
such a case the court of either province where any of
the essential ingredients of the offense took place
has jurisdiction to try the case.
CRIMINAL JURISDICTION – The authority to hear
and try a particular offense and impose the
punishment for it.
CRUELTY – Refers to any act by word or deed which debases,
degrades or demeans the intrinsic worth and dignity of a child as
a human being
CUSTODIAL INVESTIGATION – Investigation conducted by law
enforcement officers after a person has been arrested or
deprived of his freedom of action. It includes invitation to a
person who is being investigated in connection with an offense.
CUSTODIA LEGIS – A thing is in “custodia legis” when it is
shown that it has been and is subjected to the official custody of
a judicial executive officer in pursuance of his execution of a
legal writ.
DOUBLE JEOPARDY – The rule of double
jeopardy means that when a person is charged with
an offense and the case is terminated either by
acquittal or conviction or in any other manner
without the consent of the accused, the latter
cannot again be charged with the same or identical
offense. .
DUE PROCESS OF LAW – The requirement that
no person shall be held to answer for a criminal
offense without “due process of law” simply requires
that the procedures fully protect the life, liberty, and
property of the citizens in the State.
EMINENT DOMAIN – The right of a government
to take and appropriate private property to public
use.
ENTRAPMENT – While instigation exempts,
entrapment does not; the difference between the
two being that in entrapment the crime had
already been committed while in instigation the
crime was not yet and would not have been
committed were it not for the instigation by the
peace officer.
EVIDENT PREMEDITATION – Evident
premeditation involves, in its legal sense, a
determination to commit the crime prior to
the moment of its execution.
HABEAS CORPUS – The writ of habeas corpus is
the means by which judicial inquiry is made into the
alleged encroachments upon the political and
natural rights of individuals, such as restraint of
liberty.
IN ARTICULO MORTIS – At the point of death.
IN FLAGRANTE DELICTO – In the very act of
committing a crime.
IPSO FACTO – By the fact or act itself.
JURISDICTION – The word “jurisdiction” as used
in the Constitution and statues means jurisdiction
over the subject matter.
JURISPRUDENCE – The groundwork of the
written law. The science of law; the particular
science of giving a wise interpretation to the laws
and making a just application of them to all cases
as they arise.
LAST CLEAR CHANCE – A doctrine that a
person who has the last clear chance to void the
impending harm and fails to do so is chargeable
with the consequences.
MACRO-ETCHING - The examination of the serial
number of engine and chassis of a motor vehicle
by means of applying chemicals solution to
determine whether there is tampering and for
possible restoration of the tampered serial
numbers.
MALA INSE – A wrong act by its nature punished
as felonies under the RPC. Example: murder, rape,
etc.
MALA PROHIBITA – A wrong act arising out of
doing an act prohibited by special laws. Example is
illegal possession of firearms.
MISFEASANCE or IRREGULARITIES IN THE
PERFORMANCE OF DUTY – The improper
performance of some act which might lawfully be
done.
MIRANDA DOCTRINE – A principle on the rights of a
suspect from forced self-incrimination during police
interrogation as enshrined in the 1987 Philippine
Constitution‟s Bill of Rights (Article III, Sec. 12).
MORAL CERTAINTY – A certainty that convinces
and satisfies the reasons and conscience of those
who are to act upon a given matter.
MOTU PROPIO – On its own motion or initiative.
 PARENTS PATRIAE – Parent or guardian of
the country.
PERSON – Includes natural and juridical
persons.
PERSON IN AUTHORITY – Person in authority
refers to all those persons who by direct
provision of law or by appointment of competent
authority are charged with the maintenance of
public order and the protection and security of
life and property.
PROXIMATE CAUSE – It is the cause that
directly produces the effects without the
intervention of any other cause.
RES GESTAE – Statement accompanying and
explaining the facts in issue. Statements.
RES IPSA LOQUITUR – The thing speaks for
itself
VENUE – Venues deals with the locality, the
place where the suit may be had, while
jurisdiction treats of the power of the court
to decide the case on the merits.
 Give the pupils something to do,
not something to learn;
and the doing is of such a nature as to
demand thinking;
learning naturally results.”
(John Dewey)
1) The following are instances on how arrest are made?
a. Actual restraint of the person to be arrested
b. Submission to the custody of arresting officer
c. None of the above.
d. Both A and B.
2) Arresting officer may use force in effecting arrest only on the
following instances
a. Necessary to secure and detain the offender
b. Overcome his resistance
c. Prevent his escape
d. Receptive him and protect highly from bodily harm
e. All of the above.
3) At what time may an arrest be made?
a. On any day at anytime of the day or night
b. Only in the presence of this family with sufficient age and
discretion .
c. At the instance or discretion of the arresting officer
d. At daytime only.
4) What should an officer do when making an arrest?
a. Inform the person to arrested of his authority and the cause of arrest
b. box him to prevent from escape
c. inform immediately his parent/relative
d. apply necessary action

5) What is the exception?

a. The person to be arrested is engaged in the commission of an offence
b. Pursued immediately after its commission or after an escape
c. Flees or forcibly resist
d. Giving of such information will imperil the arrest
e. All of the above

6) What is the first thing should a private person do when effecting arrest?
a. Inform the person of his intention to arrest him
b. Pursue immediately after its commission or after an escape
c. Arrest immediately before he flees or forcibly resist
d. None of the above
7) What is RA 7438 and its purpose?
a. RA 7438 is an act defining certain rights of person arrested,
detained or under custodial investigation and providing penalties
for violation thereof

b. Its purpose is to complied with the policy of state to value the

dignity of every human being and guaranteed full respect for
human rights
c. a or b
d. none of the above

8) What are the rights of the person arrested, detained and under
custodial investigation except:
a. Rights to counsel at all times
b. Rights to be informed of his rights to remain silent and
counseled
c. Rights to be visited by his immediate family member, counsel,
priest or medical doctor
d. Rights to choose his escort while inside the jail
9. The following are the three fold aims of Investigation, except.
a.) to identify the guilty party
b.) locate the guilty party
c.) to provide evidence of his guilt
d.) to arrest the suspect

10. Cardinals of Investigation that must be established by the

investigator are stated below, except.
a.) What offense has been committed?
b.) Who are the other accomplices and accessories to the crime?
c.) How the offense was committed?
d.) The imposable penalty/ punishment for the offense charged.

11. Unless otherwise directed by higher authorities’

______________ shall undertake the necessary investigation
and processing of the crime scene.
a.) CIDG of the place where it was committed.
b.) The first Responder PNP member.
c.) NBI of the province where the crime took place
d.) Police Station having Territorial jurisdiction
12. The 18x12 logbook used as Police Blotter shall contain the
following:
a.) daily incident report
b.) Official summary of arrest
c.) significant incident
d.) All of the above

13. Police station shall maintain separate Police Blotter solely for?
a.) Intelligence blotter
b.) Investigation confidential report
c.) Record for Violence against Women and their Children.
d.) None of the above

14. Case disposition report with 5Ws and 1 H which contains among
others; Names of the suspects and victim, date, time and place of
occurrence, shall be entered by?
a.) Duty Officer of the day
b.) Chief, Investigator
c.) Officer on Case
d.) Team Leader
15. Investigator in any Police station be a graduate of prescribed
Investigation course and with a rank of at least
a.) SPO4 c.) PO2
b. Inspector d.) None of the above

16. Below are the members to compose the investigation team,

except:
a.) Team Leader
b.) Photographer
c.) Evidence Custodian
d.) Chief of Police

17. Before proceeding to the Crime Scene, the investigator must be

equipped with the following, except
a.) Police Line
b.) Service Firearms
c.) Camera
d.) Gloves
18. The inventory of the evidence must be taken at the crime
scene to avoid alteration, and it shall be made by?
a.) First Responder, SOCO and Investigator
b.) COP, SOCO and Investigator
c.) All of the above
d.) None of the above

19. ___________ has the full control and supervision over the
Crime scene?
a.) Provincial Director c.) Officer on Case /
b.) Chief of Police d.) Investigating Team

20. Except of ___________, all are required to attend the case

conference when dealing with a crime
a.) Member of Media
b.) SOCO
c.) First Responder
d) All of the above
21. What are the procedures when arrest is made?
a.) Secure the person arrested
b.) Inform of his rights provided for in the constitution
c.) conduct thorough search for weapon
d.) All of the above

22. Important and immediate procedure to be taken after an

arrest except;
a.) Fingerprint the suspect
b.) Photographed the suspect
c.) Medical Check
D.) Present him before the Media

23. The investigator who fails to observe the waiver stipulated

in Art. 125 of the RPC shall be liable for the crime of
a.) Delay in the released of detainee
b.) Illegal arrest
c.) arbitrary detention
d.) none of the above
24. What is the last report to be prepared and submitted by
the investigator on case?
a.) Final Report after Filing the case with the DOJ
b.) Accomplishment Report /
c.) Development Report
d.) Progress Report

25. In gathering facts pertaining to a case, the investigator

shall secure information from the following, except
a.) Public Records
b.) Private Records
c.) Modus Operandi File
d.) PNP Accredited Media Releases

26. The tools for investigation are the following, except

a.) Interview
b.) Information
c.) Instrumentation
d.) Technology
27. Crime scene processing includes but not limited to are the
following
a.) Processing and securing the crime scene
b.) Protecting the crime scene and evidence
c.) Laboratory examination of object
d.) all of the above

28. It is the application of diligent and careful methods by the

investigator
a.) Proper cordoning the crime scene
b.) Immediate/ Prompt response to crime scene
c.) Processing and securing the crime scene
d.) Protecting the crime scene

29. It includes intelligent effort and skill in recognizing and collecting

facts and items of value as evidence
a.) Intelligence Work
b.) Follow up
c.) Protecting the crime scene
d.) Laboratory exam of the object
30. When may there be search without warrant?
a. In time of war and within the area of military operation
as an incident of lawful arrest
b. When there prohibited articles open to the eye and hand
(Plain View Doctrine)
c. When there is consent
d All of the above

31 . State the lifetime of a search warrant

a.24 Hours
b. 15 days
c. 10 days
d. 1 month

32. At what time should the search warrant be served?

a. During weekdays only
b. During office hours
c. During daytime unless otherwise directed by the court
d. None of the above.
33. It refers to the activity that collects facts to accomplish
the three-fold aims of the criminal investigation.
a. crime scene investigation
b. criminal investigation
c. scene of crime operation
d. custodial investigation

34. It is an art which deals with the identity and location of

the offender and provides evidence of his guilt through
criminal proceeding.
a. crime scene investigation
b. criminal investigation
c. custodial investigation
d. scene of crime operation

35. Is a person in-charge with the duty of carrying out the

objectives of criminal investigation?
a. investigator b. officers
c. police d. first responder
36. In every investigation, the place of crime has something to
do with territory. Identifying the place of commission and
nature of the offense can determine the _____ of the officers
to investigate the case.
a. lost items b. jurisdiction
c. suspect d. crime scene
37. It is a law that makes the crime of rape as a crime against
persons.
a. RA 8335 b. RA 8353 c. RA 8454

38. What is meant by reconstruction of crime?

a. the determination of the appearance of the place and its
crime of what is actually transpired
b. a presentation of the evidence
c. a part of the investigation
d. all of the foregoing
39. It refers to the strategy in police operation,
wherein the files of known syndicate were
kept to enable the investigators in
recognizing a pattern of criminal behavior.
a. profiling b. rogues gallery
c. reenactment d. modus operandi

40. There are four concrete ways to identify the

criminals, except one.
a. confession b. eyewitness
testimony
c. circumstantial evidence d. hearsay
evidence
41. Is the knowledge acquired by investigator
from other persons whosever witnessed the
crime.
a. evidence b. sketch
c. details d. information
42. Is the sum total application of all forensic sciences for the
crime detection.
a. evidence b. criminalities
c. forensics d. instrumentation

43. The identification was established indirectly by proving facts or

circumstances from w/c either alone or in connection with
other facts, the identity of the perpetrator can be inferred.
a. associative evidence b. testimonial evidences
c. physical evidences d. circumstantial evidences

44. Articles and materials which are found in connection with the
investigation and aids in establishing the identity of the
perpetrator which the crime was committed or which, in
general assist in the prosecution of the criminal, except one.
a. Tracing evidence b. Corpus delicti
c. Associative evidence d. Circumstantial evidence
45. Vigorous and skillful questioning of one that is reluctant to
divulge information is called___.
a. Interview
b. Interrogation
c. Investigation
d. Instrumentation
46. Under the PNP set-up, it is the SOCO team who is tasked to
immediately respond at the crime scene, upon request of the
station. Which of the following is considered a preliminary step
upon reaching the crime scene?
a. detain all persons present at the crime scene because they are
considered as suspect
b. identify the perpetrator, if possible retain for questioning
the person who first notified by the police
c. check when there is a bomb
d. if there’s a victim on crime scene, determine first the status
and call or deliver him/her immediately at the nearest hospital if
he/she still alive.
47. How can the investigator guarantee the acceptability of an extra
judicial confession?
a. it must be reduced in writing
b. must be signed in the presence of his counsel
c. if there is no counsel ,he must signed a waiver in the presence
of her/his parent
d. All of the above
48. Golden rules to be observed by the investigator upon his arrival at
the scene of the crime are the following, except?
a. Summon assistance, if necessary
b. Do not touch or move any object
c. Safeguard the area
d. Permit all Elected Officials to enter the area
49. These are the factors to be considered in making a
sketch, except one.
a. Indicate the North direction with an arrow.
b. Draw the final sketch to scale.
c. Indicate the PLACE in the sketch as well as the
person who drew it.
d. Indicate the position, location and relationship of
objects.
e. Draw extra details on sketch to make it more
presentable to the court
50. In recovered evidence, the investigator/ evidence man
places his identifying marks on it to prevent alteration
and for future references, except one.
a. his initials,
b. the date and time of discovery
c. proper markings in suitable container and sealed
d. the name of the Chief of Police

51. It refers to the type of investigation initiated on the

basis of a complaint filed by a victim or any concerned
citizen.
a. Reactive Investigation b. Proactive Investigation
c. Primary Investigation d. Follow-Up Investigation
52. These are the measures conducted under Pro-Active
Investigation, except one.
a. decoy operation b. undercover operation
c. repeat–offenders program d. investigation

53. The Investigator usually used the reactive investigation

in case that the suspect has been tentatively identified but
has not been located. This refers to?
a. walk through b. where-are-they
c. who did it d. what time it was happened

54. The nature of criminal Investigation is defined, except

one.
a. It is an art b. It is a science
c. It is a solution d. it is a process
55. The following are the significance of the six
cardinal points in investigation, except one.
a. Assist the investigator and desk officer in making
brief statements of facts in the logbook/police blotter or
reports.
b. Aid the investigation in searching the crime scene or
other places which may be sources of evidences
c. Guide the investigator in formulating questions in
interviewing complainant, witnesses, and other
interested parties or in the process of interrogating a
suspect.
d. Help the investigator in preparing scenarios of what
and how it was done by the suspect
e. Assist the investigator in furnishing a brief and
concise criminal investigation report and help in
preparing the modus-operandi report –technical
description how was the crime perpetrated.
56. Investigator has several functions upon receipt of the
complaint/ arrival at the crime scene, except one.
a. Recognition or identification of possible income
b. Collection of facts, information, or evidence
c. Preservation of forensic value of facts, information,
evidence
d. Evaluation of processing of evidence and case
e. Presentation of evidence and criminal case

57. Qualities of a Good Investigator, except one.

a. Ability to persevere
b. Intelligence
c. Scornful
d. Understanding of the people and environment
e. Must have a keen power of observation and accurate
description.
f. Honest
58. It refers to the final stage in the conduct of criminal
investigation whereas the Investigator exhausted all
means to accomplish the objectives and has finally arrive
to a conclusion.
a. Preliminary Investigation b. Pre-Hearing
Investigation
c. Follow-Up Investigation d. Concluding Investigation

59. What is the most important stages of crime scene

investigation within the first 72 hours?
a. Preservation of physical evidence
b. Processing of the crime scene
c. Preservation of crime scene
d. Collecting of physical evidence
60. Made by the investigator to define the extent
and relative measurements of evidence to other
objects in the crime scene, usually with scale and
proportion.
a. Rough sketch b. Finished sketch
c. Exploded view sketch d. Bird’s eye view
Sketch

61. When the investigator describes immediate

scene only in his sketch is called?
a. sketch of locality b. sketch of grounds
c. sketch of details d. sketch of evidence
62. Evaluation of physical evidence lies on the part of
investigator/evidence man. In that circumstances, he
must posses the following, except one.
a. Knowledge of the laws on evidence
b. Ability to recreate imaginatively the event preceding,
during, and after the commission of a crime
c. Experience to handle several cases
d. Ability to recognize indications of a “modus operandi”
e. Knowledge of substantive law relating to the offense
f. Knowledge of scientific laboratory techniques and the
conclusions which may be derived from their use
63. Factors should be considered in the
presentation of physical evidence in trial, except
one.
a. article must be properly identified
b. continuity or chain of custody must be proved
c. competency must be proved
d. procurement of materials

64. Identity of the criminal may be secured in the

following, except one.
a. Confession b. Parole Evidence
c. Circumstantial evidence d. Associative
evidence
65. Witness may be able to describe the suspect
through the following, except one.
a. similarity of appearance b. photographic files
c. general photograph d. artist assistance
e. verbal description

66. Police officer uses several persons in order to

pinpoint the suspect from a group of innocent persons
and ascertain the suspects identity through witness
testimony.
a. custodial investigation b. question and answer type
c. police line-up d. standard operating
procedure
67. Which circumstances will not prove the guilt of the
accused.
a. The fact of existence of the crime established
b. The defendant must be identified and associated
with the crime scene
c. Competent and credible witness must be available
d. Physical evidence must be identified appropriately
e. The chain of command must be revocable

68. A, witness in crime, appears to be reluctant and

evasive to the question of investigator. He is
considered as?
a. disinterested type b. suspicious type
c. know-nothing type d. egocentric
witness
69. Truthfulness of the statement could be
ascertained, except one.
a. physical mannerism b. Frankness
c. Emotional stage d. content of statement
e. Interrogation

70. The following are purposes of interrogation,

except one.
a. to obtain a confession
b. To induce the suspect to make an admission
c. To learn facts and circumstances surrounding
the crime
d. to offer plea bargaining
71. The purposes of interrogation, except one.
a. To learn the identity of the accomplices
b. To develop information which will lead to the recovery
of the fruits of the crime
c. To develop the details of other crimes participated in
by the suspect
d. To develop friendly relationship to the subject

72. The interrogator allowed the subject to give the

needed data in customary and freewill statement sworn
to before the administering officer. This refers to ?
a. narrative type
b. specific questioning type
c. question and answer type
d. chronological questioning type
73. These are the usual questioning techniques, except
one.
a. general to specific questioning
b. going backwards
c. chronological questioning
d. Interrupted questioning

74.Means of recording and reproduction of an interview

or interrogation in criminal investigation, except one.
a. written note b. mental note
c. stenographic note d. sound motion picture
e. sketching note
75. Means of recording and reproduction of an interview
or interrogation in criminal investigation without the
knowledge of the subject.
a. sound recording b. mental note
c. bugging d. surreptitious transcript
e. all of the above

76. Bravo, suspect in a crime, gives vital information to

the officer regarding the hideout, strength and profile of
his cohort in exchange of money. Bravo is called?
a. rival-elimination informant
b. self-aggrandizing informant
c. false informant
d. mercenary informant
77. Jane, unknown activist, eagerly provides the
necessary information to the officer relative to
criminal investigation at the same time
conducting information gathering from the police
department for her felonious objectives. Jane is
called?
a. legitimate informant
b. double crosser informant
c. undercover informant
d. women informant
e. none of the above
78. In the question above the motive of Jane was?
a. vanity b. remuneration
c. revenge d. competition
e. Remuneration
79. Bill, suspect in a crime, gives vital information to the
officer regarding the hideout, strength and profile of his
cohort in exchange of money. The motive of Bill was?
a. fear b. avoidance of punishment
c. gratitude d. competition
e. remuneration

80. The following are the procedures in tracing the

victim, informant, except one.
a. his/her pedigree, social business and criminal history
b. contact through his/her telephone or cellphone
c. visiting the home
d. record of change of address
e. through travelling
81. These are the objectives of surveillance of
places, except one.
a. to detect criminal activities
b. to discover the identities of persons who
frequent the establishment and to determine their
relationship
c. to discern the habits of a person who lives
in or frequents the place
d. to apply possible interruption of their
criminal plan.
82. Preparation for undercover work should be
done, except one.
a. to preclude compromise
b. to minimize danger to the undercover
c. to ensure the ultimate success of the
investigation
d. to provide advocacy against human rights
83. These are the objectives of surveillance of
places, except one.
a. to obtain evidence of a crime or to prevent
the commission of a crime
b. to provide a basis for obtaining a search
warrant
c. to apprehend person in the commission of
an offense
d. to convict the guilty party
84. Factors to be considered before the
undercover investigation is initiated, except one.
a. availability of qualified personnel
b. the necessary equipment and preparation
c. danger involve to the investigator/operative
d. all of the foregoing