CHAPTER 1 cause, a police cannot arrest a person nor avail the issuance

Introduction to Criminal Investigation of warrant of arrest or search warrant.

What is Criminal Investigation? Probable Cause

 Criminal Investigation – refers to the collection of  Mean the facts and circumstances that would  
facts to accomplish the threefold aim: To identify engender a well-grounded belief that a crime has
the guilty party, to locate the guilty party: and to been committed and the person to be arrested
provide evidence of his guilt through criminal committed it.
proceedings.
PHASES OF CRIMINAL INVESTIGATION
The Etymology of Criminal Investigation 1. The identification of criminal.
 The word Investigation came from the old French 2. The criminal is traced, located and arrested.
investigacion which means “a searching into” and 3. The pieces of evidence to prove the guilt of the
from the latin word "investigationem” which accused are gathered.
means “a searching for”. Investigation therefore 4. Pieces of evidence are presented in court.
refers to searching into either individual or
properties. THE CONCEPT OF CRIMINAL INVESTIGATION AS AN ART
AND A SCIENCE
Who is Criminal Investigator?  It is an art because it is governed by rigid rules or
 Criminal Investigator – is a law enforcement officer fixed legal procedures but most often based on
who is trained, discipline and experienced to intuition and sometimes by chance.
conduct criminal investigation and the one who  It is a science because it involves the application of
can carry the objectives of criminal investigation. knowledge of forensic sciences in the process of
The investigator is sometimes called the superstar identifying, locating, collecting, processing, and/or
in the process of investigation in which in all evaluating physical evidences.
instances investigator use his discretion – the wise
use of his judgment. GOALS OF CRIMINAL INVESTIGATION
1. To determine whether a crime has been
When to Investigate? committed.
The police officer initially conduct investigation when one 2. To legally obtain information or evidence.
of the following occur; 3. To identify persons involved (suspects/victims/
 complaint filed witnesses).
 crime committed or crime is in progress 4. To arrest suspects.
 drug related offense 5. To recover stolen properties.
 traffic accident 6. To present the best possible case to the
 operation of organized crime prosecutor.
 suspect is under arrest & detention
 suspect is at large and or fugitive from justice IMPORTANCE OF CRIMINAL INVESTIGATION
1. It provides the facts of a crime and provided with
What is the meaning of “AT LARGE” solutions.
 “AT LARGE” – means the suspect is not under 2. It helps the five pillars of the Criminal Justice
arrest or detention not being a wanted person in System in recognizing and identifying criminal and
the eyes of the law, and therefore cannot be provide justice to offended party, offender(as the
lawfully arrested without a warrant. case maybe), and in promoting social justice.
3. An aid in enforcing the laws and the protection of
What is the meaning of “FUGITIVE FROM JUSTICE” lives and properties.
FUGITIVE FROM JUSTICE – This is obtained when “an
individual who, after having committed a criminal offense, As a general rule
leaves the jurisdiction of the court where such crime has All crime incidents must be recorded in the official
taken place or hides within such jurisdiction to escape police blotter – is a 18”x12” logbook that contains the daily
prosecution. register of all crime incident reports, official summary of
 Is necessarily an escapee from detention or arrest, and other significant events reported in the police
escaped prisoner while serving sentence by virtue station.
of a final judgment rendered by a court of
competent jurisdiction that can be legally arrested CHARACTERISTICS OF INVESTIGATOR:
(par. C, Sec 5, Rule 113, Rules of Court) without the KNOWLEDGEABLE – this refers to the investigator who
necessity of a warrant of arrest. exhibit understanding about crime, evidence, law, to
include suspect and the victim.
As a general rule; PERSEVERANCE – refers to the steadfastness, persistence
In all criminal investigation or proceedings and resolution to bring the desired conclusion in spite of
Probable Cause must well establish. Without probable obstacles connected with criminal investigation.
ENDURANCE – this refers to the ability of the investigator to known as Lex Taliones which mean "an eye for an
withstand hardship in the conduct of investigation to eye, a tooth for a tooth".
include the ability to last physically and mentally.
HONESTY AND INTEGRITY – the investigator must always 5th CENTURY B.C., ROME
observe the moral conviction of doing the right thing in all 6th CENTURY B.C. ATHENS
circumstances. There is the ever temptations of money,
women and drinks, etc. that influence the result of TIME OF ALFRED THE GREAT
investigation.  In the later part of 19TH Century, England’s king,
THE INTELLIGENCE AND WISDOM OF SOLOMON – this is Alfred the Great established a system of “mutual
very important in order that the investigator could easily pledge” (social Control), which organized for the
decipher falsehood from truth and separate the gain from security of the country into several levels:
the chaff as king Solomon did when he settled disputes of 1. TEN TITHING - One hundred persons are grouped
child’s ownership between the two mother. into one under the charge of a High Constable.
ACTING ABILITY – it is the ability to go down to the level of 2. TITHING – Ten persons are grouped together to
the subject (minor, the prostitute or the slum dwellers, or protect one another and to assume responsibility
the level of the other professionals or the members of the for the acts of the group’s members. The one who
elite). heads this group is called Tithing Man.
GOOD IN ORAL AND WRITTEN COMMUNICATION – this is SHIRES – The divisions of a specific geographic area. It is
the ability of the investigator as he mingle with the being controlled by the king and governed by a Shire-reeve,
community to include in making a concise report. or Sheriff.
THE KEEN POWER OF OBSERVATION AND DESCRIPTION –
these are very important in crime scene investigation and in TIME OF EMPEROR AUGUSTUS
interview and interrogation. At about the time of Christ, Rome: The Roman Emperor
COURAGE – it is the moral fortitude to tell the truth no Augustus picked out special, highly qualified members of
matter who will be hurt. the military to form the following:
THE POWER TO “READ BETWEEN THE LINES – this is the 1. PRAETORIAN GUARD – This was considered the
ability of the investigator to interpret the words or phrases first police officers, their job is to protect the
encountered in the process of investigation in their deeper palace and the emperor.
meaning in order to arrive with an accurate meaning of a 2. PRAEFECTUS URBI – Their function is to protect the
certain statement. city. They have both executive and judicial power.
KNOWLEDGE OF MARTIAL ARTS AND FIREARMS 3. VIGILES OF ROME - The vigiles began as fire
PROFICIENCY – this will help the investigator in defending fighters, they were eventually also given law
himself when confronting, arresting, and interrogating the enforcement responsibilities and they patrolled
suspect. Rome’s streets day and night. The vigiles could be
considered the civil police force designed to
OTHER QUALITIES OF INVESTIGATOR protect citizens.

Superior reasoning ability - the ability to analyze logically a TIME OF WINCHESTER

multitude of facts and determining how they interrelate. 1285 A.D., England: THE STATUTE OF WINCHESTER was
This is related to critical thinking. enacted establishing a rudimentary criminal justice system
 This method of reasoning challenges one to adopt in which most of the responsibility for law enforcement
an attitude of fair-mindedness, intellectual caution remained with the people themselves.
and openness to questioned common or assumed These statutes or laws were promulgated by
beliefs. Winchester.
Imagination – is forming mental images of what is not 1. The Watch and Ward Act
present or creating new ideas by combining previous 2. Hue and Cry System
experiences. 3. Parish Constable
Curiosity – is a desire to learn 4. Keeping weapon at home for family security
Intuition – immediate apprehension or cognition, quick and
ready insight.
Observation ability – the ability to observed, noting and 1720’s, England: JONATHAN WILD – a master criminal who
recording of facts (using the sense of seeing and hearing) became the London’s most effective criminal investigator.
 He was the most famous THIEF-CATCHER in 1720s.
HISTORICAL BACKGROUND OF CRIMINAL INVESTIGATION He conceived the idea of charging a fee for
locating and returning stolen property to its
The Code of Hammurabi ruled from 1792 to 1750 BC rightful owners.
 Is considered to be the oldest known code of law
from the Old Babylonian period.  The code is also 1750s, England: HENRY FIELDING – He was the creator and
one of the earliest examples of the idea a magistrate of the Bow Street Runners; he formed a group
of presumption of innocence, and it also suggests of police officers attached to the Bow Street Court, not in
that both the accused and accuser have the uniform performing criminal investigative functions.
opportunity to provide evidence.
It consists of 282 laws, with scaled punishments
 1866, Liberty, Missouri, USA: THE JESSIE JAMES GANG -
1753, England: JOHN FIELDING – The “blind” younger made the first hold-up which marks the beginning of the
brother of Henry Fielding who took over the control of Bow gang’s 15 year hold-up and robbery spree (12 bank hold-
Street Court in 1753. He also introduced the practice of ups and 12 train robberies in 11 states). Clay County
developing informants, printing wanted notices, employing Savings Association (CCSA) was their first victim and their
criminal raids, and bearing firearms and handcuffs. take was $60,000,000.00.

1800, London: PATRICK COLQUHOUN – A prominent 1882, France: ALPHONSE BERTILLON - A French Police Clerk
London President who proposed the unique idea of who introduced and established the first systematic
creating sizeable uniformed force to police the city of identification system based on the Anthropological
London in order to remedy the public outcry concerning the Signalment (Anthropometry).
increase of criminality during the early 1800s.  He is considered as the founder of Criminal
  Investigation in France.
1811, France: EUGENE “FRANCOIS” VIDOCQ - established a
squad of ex-convicts to aid the Paris Police in investigating 1954, USA: Dr. PAUL KIRK – The best known Criminalist who
crimes. He worked under the theory of “Set a thief to catch headed the Department of Criminalistics at the University
a thief.” of California, USA.
 He is credited, as the founder of La Surete,
France’s National Detective Organization. 1966, USA: MIRANDA vs ARIZONA – The US Supreme Court
established procedural guidelines for taking criminal
1829, London: ROBERT PEELS – The founder and chief confessions. The case is the origin of the present Miranda
organizer of London Metropolitan Police. He introduced the rights of every accused under the custody of police.
techniques in detecting crimes such as detectives  
concealing themselves, and secretly photographing and MIRANDA RIGHTS originated from the American
recording conversations. jurisprudence. Mr. Ernesto Miranda, a Latino was accused
of KIDNAPPING and RAPE in the State of Arizona. The
1835, TEXAS RANGERS was organized as the first law Arizona Police interrogated Mr. Miranda exhaustedly
enforcement agency with statewide investigative authority. leading to his confession.
This is the forerunner of the Federal Bureau of Investigation
(FBI). Based on his confession, he was charged, tried and
  convicted. Appeal of his conviction was made before the
(1847-1915), Dr. HANS GROSS – The earliest advocate of Arizona Supreme Court but his conviction was affirmed.
criminal investigation as a science. Gross was a native of The appeal was then elevated to the US Supreme Court
Austria, born in Graz. Educated in law, he became where there was a reversal of the decision and he was
interested in investigation while serving as an examining acquitted on Constitutional grounds.
magistrate. He became a professor of Criminology at the
University of Vienna. It was in this case, entitled Miranda vs. Arizona (Ernesto
  Miranda versus State of Arizona, USA) that the US Supreme
1852, U.S.A: CHARLES DICKENS – is a great novelist in which
Court laid down the constitutional rights of the accused
through his story entitled bleak house, he introduced the during the custodial interrogation. It was incorporated in
term detective to the English language. our 1973 Constitution and later in the 1987 Constitution of
  the Philippines. This is known as the Miranda Rule,
1852, U.S.A: ALLAN PINKERTON – This individual truly Doctrine, or Warning.
deserves the title of “America’s Founder of Criminal
Investigation.” The Law of PNP applicable in Criminal Investigation;
 Among methods pioneered by Pinkerton were;
“shadowing, roping, undercover.” 1987 PHIL CONSTITUTION, Art 16, Sec 6 – The State shall
 They work with the motto “We never sleep.” establish and maintain one police force, which shall be
national in scope and civilian in character, to be
1856, U.S.A: KATE WAYNE: The first woman detective in the administered and controlled by a national police
history of criminal investigation. She was hired by the commission. The authority of local executives over the
Pinkerton Agency and contributed to the resolutions of big police units in their jurisdiction shall be provided by law.
cases of the United States of America. RA No. 4864 – AN ACT CREATING THE POLICE
  COMMISSION, AMENDING AND REVISING THE LAWS
1909-1924 JOHN EDGAR HOOVER – He became the head of RELATIVE TO THE LOCAL POLICE SYSTEM, AND FOR OTHER
the Federal Bureau of Investigation, which was established PURPOSES.
by the attorney general from 1909 to 1924. RA No. 6975 – established the Philippine National Police
  (PNP) under a Reorganized Department of the Interior and
1866, U.S.A: THOMAS BYRNES – He is an unusually keen- Local Government. This law stated that PNP is supposed to
minded individual who trained his detectives in recognizing have a Maritime Police Unit, to absorb the police functions
individual criminal techniques. He founded the criminal of the Coast Guard and to be provided with sea capabilities.
“modus operandi,” or method/mode of operation.
RA No. 8551 – AN ACT PROVIDING FOR THE REFORM AND descriptions based from the testimonies of the victim/s or
REORGANIZATION OF THE PHILIPPINE NATIONAL POLICE the witnesses/es. It contains the physical description of the
AND FOR OTHER PURPOSES, AMENDING CERTAIN accused as well as other factors to be considered for the
PROVISIONS OF REPUBLIC ACT NUMBERED SIXTY-NINE identification of the accused (Sadili& Pena, 1998).Warrant
HUNDRED AND SEVENTY-FIVE ENTITLED, "AN ACT Officer is any authorized member from the law
ESTABLISHING THE PHILIPPINE NATIONAL POLICE UNDER A enforcement agency usually from the Philippine National
RE-ORGANIZED DEPARTMENT OF THE INTERIOR AND LOCAL Police (PNP) or National Bureau of Investigation (NBI) who
GOVERNMENT, AND FOR OTHER PURPOSES" holds a warrant for execution within 10 days from receipt
RA No. 7438 – Act defining certain rights of persons subject to renewal in case of failure to execute the
arrested, detained or under custodial investigation as well same.Alias Warrant refers to the warrant of arrest issued by
as the duties of the arresting, detaining and investigating a judge to the peace officer after returning the original
officers, and providing penalties for violations thereof, 1992 warrant of arrest after the lapse of the 10-day validity
period.
CHAPTER 2ARREST, SEARCH AND SEIZURE, RAID When a warrant of arrest not necessary;
➢ When the accused is already in detention
The term “arrest” came from the Latin word “arrestare” ➢ When the accused was arrested by virtue of a
which means “cause to stop” and “restare” which means lawful arrest without warrant
“stay behind”. These terms were used as early as during the ➢ When the penalty is of a fine only
14th century. On the other hand, the word search was ➢ Those covered by a summary procedure
derived from the Anglo-Norman word “searcher,” Old
French cerchier which means “to explore,” Latin word Procedure when arrest is made;
“circare" which means “go around in circles.” 1. Secure the person arrested (handcuff at the back)
What is Complaint and Information? a. Conduct thorough search for weapons and other illegal
Complaint is a sworn written statement charging a person materials
or a group of persons of an offense that is subscribed by the b. Inform the arrested person of his right
offended party such as the victim/s of the offense 2. Use reasonable force in making arrest
committed, or any other peace officer charged with the a. Confiscated evidence shall be properly documented
enforcement of the law violated. b. Bring the arrested person to the nearest accredited
Information is an accusation in writing charging a person or hospital for medical examination
a group of persons of an offense that is subscribed by the c. Bring the arrested person to the police station for
prosecutor or fiscal. It is substantiated on oath and includes documentation
the name of the party, the offense committed, facts of the
offense and other factors relevant.
Medical Examination of Arrested Person/ Suspect.
Contents of Information
Immediately after the arrest of a person ordered arrested
➢ A certification by the filing Prosecutor that he is filing the by the court, or of a suspect under investigation, he should
same in accordance with the provisions of Section 7, Rule be subjected to a medical examination. Prior to his release
112, Rules on Criminal Procedure, in cases cognizable by or any change of custody, the suspect should also be
the Regional Trial Court; medically examined by a medico-legal officer or, in the
➢ The full name and aliases, if any, and address of the absence of such medico-legal officer, by any government
accused; physician in the area.
➢ The place where the accused is actually detained;The full The Basic Principle of Warrant of Arrest
names and addresses of the complainant and witnesses; ➢ Issued by the judge to a peace officer and commanding
➢ A detailed description of the recovered items. If any; him to arrest a person stated therein.
➢ The full name and address of the evidence custodian; ➢ It is enforceable within the Philippine territory at
➢ The age and date of birth of the complainant or the anytime of the day or night.
accused, if eighteen (18) years of age or below; and ➢ Arresting officer must inform the person to be arrested
➢ The full names and addresses of the parents, custodians of the cause of the arrest.
or guardians of the minor complainant or accused, as the ➢ Arrest is made by actual restraint of the person to be
case may be. arrested or by his submission to the custody of the person
making the arrest.
What is Arrest? ➢ No specific expiration, but within 10 days of its receipt
Arrest is the actual taking of a person or persons into the officer shall submit a progress report to the issuing
custody by an authority in order that he/they may be judge.
bound to answer for the commission of an offense. ➢ Warrant of arrest is still valid if the suspect is not yet
Warrant of Arrest is an order in writing issued in the name arrested unless the court denounces its validity.
of the People of the Philippines; signed by a judge and
directed to a peace officer, commanding him to arrest the Duties of arresting officer;
person designated and take him into custody of the law in
➢ It shall be the duty of the officer executing the warrant
order that he may be bound to answer for the commission
without necessary delay to arrest the accused and to
of an offense.
deliver him to the nearest police station.
Richard Doe/ John (Jane) Doe Warrant is a warrant
containing no specific person to be arrested but only
➢ During arrest, with or without warrant, It shall be the 2. 2. When an offense has just been committed and he
duty of arresting officer to inform the person to be arrested (peace officer) has probable cause to believe based on
of the cause of the arrest or his constitutional rights in personal knowledge of facts or circumstances that the
dialect or language known to the subject except when he person to be arrested has committed it.
flees or forcibly resist. 3. When the person to be arrested is an escapee from jail.
➢ The officer must present the warrant to the person 4. When the right is validly waived. This is when the person
arrested, incase that he did not bring with him at the time arrested consented to the arrest, despite of no warrant
of arrest, he shall be shown to him as soon as practicable. showed; the person is willing to be taken into custody.
➢ No torture, force or violence or any other means which
vitiate the free will of the arrested person The Inquest
➢ Inquest is an informal and summary investigation
Summoning Assistance for the Arrest. Any officer making a conducted by a public prosecutor in criminal cases involving
lawful arrest may verbally summon as many person as he persons arrested and detained without the benefit of a
deems necessary to aid him in making the arrest. Every warrant of arrest issued by the court for the purpose of
person so summoned shall aid him in the making of such determining whether or not said persons should remain
arrest, when he can render such aid without detriment to under custody and correspondingly be charged in court.
himself.Right of Attorney or Relative to Visit Person
Arrested. Any member of the bar shall, at the request of What is SEARCH AND SEIZURE?
the person arrested or of another on his behalf, have the SEARCH – is an examination of an individual’s person,
right to visit and confer privately with such person, in jail or house, papers or effect, or other buildings and premises to
any other place of the custody at any hour of the day or, in discover contraband or some evidence of guilt to be used in
urgent cases, of the night. This right shall be exercised by the prosecution of a criminal action
any relative of the person arrested subject to reasonable Search Warrant – is an order in writing issued in the name
regulation. [Sec. 14, Rule 113.] of the People of the Philippines, signed by the judge and
Executive Order No. 155, dated 30, March 1987, amending directed to a peace officer commanding him to search for
republic Act No. 857, penalizes any public officer who personal property and bring it before the court.
deprives a person of his right to counsel. The penalty shall Below are the properties that are subject to seizure:
be prison correctional or imprisonment of 6 months and 1 1. Subject of the offense;
day to 6 years. 2. Stolen or embezzled properties;
WHAT IS CUSTODIAL INVESTIGATION? 3. Proceeds or fruits of the offense; and
CUSTODIAL INVESTIGATION – it is the term to denote the 4. Property used or intended to be used as means for the
investigation conducted by the investigator on the suspect commission of an offense.
who is under police custody. This is the stage of the
investigation where there is strict observance of the The Basic Principle of Search Warrant;
Miranda Doctrine. ➢ It shall be issued by the judge directed to a peace officer
THE RIGHTS OF THE ACCUSED DURING CUSTODIAL commanding him to search for personal property and bring
INVESTIGATION it before the court.
a. Right to remain silent. ➢ It has a 10 day validity period upon receipt of the search
b. Right to counsel of his own choice and if he has none, the warrant.
government must provide one for him; ➢ The issuing judge must be within the place where the
c. Right to be informed of the nature of the accusation. crime committed, or the issuing judge must be within the
place where the property be seize.
These rights COULD BE VALIDLY WAIVED IN WRITING AND ➢ In enforcing the search warrant, the officer must observe
WITH THE ASSISTANCE OF COUNSEL in order that the the two witness rule in the process of search.
ensuing confession be admissible in evidence. The ➢ As general rule; it is only enforceable at day time,
confession must also be in writing, signed and sworn to by except as provided by the issuing judge to search during
the accused. night time
➢ The officer must follow what specified in the search
The invalidity of an arrest leads to several consequences warrant to include property to be seize and its location.
among which are: (house #, room # in hotel, and item to be seize).
a. The failure to acquire jurisdiction over the person of an
➢ The officer has the right to break door or window to
accused;
effect search.
b. Criminal liability of law enforcers for illegal arrest; and
c. Any search incident to the arrest becomes invalid thus
Procedure in executing Search Warrant;
rendering the evidence acquired as constitutionally
inadmissible. ➢ A search warrant must be served within ten (10) days
from its date (thereafter, it shall be void) [Sec. 9, Rule 126]
in the following manner:
INSTANCES OF WARRANTLESS ARREST, this is known as
citizen’s arrest ➢ The police officer concerned must go to the place
1. When, in his (peace officer) presence, the person to be indicated in the search warrant and take the things
arrested has committed, is actually committing, or is described therein, in the presence of at least competent
attempting to commit an offense. witness who is a resident of the neighborhood. If he is
refused admittance to the place of search after giving applying handcuffs, give the following orders to the subject
notice of his purpose and authority, he may force himself in and follow this procedure:
to execute the warrant; and if he is detained herein, he may First Order: ‘’ take your right hand off the wall and place it
force himself out to liberate himself. [Sec.6, ibid] in your back.’’ Fasten the handcuff to this hand and firmly
➢ The search must be made at daytime, unless otherwise hold the other handcuff.Second Order: ‘’ Move up and put
stated. [Sec.8, ibid] your hand against the wall.’’ Allow the subject to move
➢ The officer seizing the property must issue a detailed closer to the wall, making certain his feet remain back far
receipt of the things seized to the person in whose enough to keep him ‘’ off-balance.’’Third Order: ‘’Take your
possession it was found, or in the absence of such person, other hand off the wall and place it on the small of your
he must, in the presence of at least one witness, leave such back.’’ Fasten the other handcuff and double-lock both
receipt in the place where such things where seized. [Sec. handcuffs.Final Order: ‘’ Stand up and face the wall.’’ Help
10, ibid.] the subject in doing this.
➢ In compliance with this procedure, it has been standard ➢ Do not stop the search when a weapon is found.
practice to issue a RECEIPT FOR PROPERTY SEIZED after a ➢ Look for items which may be used to commit suicide
seizure. The receipt is signed by the seizing officer only and ➢ Look items of evidence.Searchers should never cross the
two witnesses. Recent Supreme Court decisions, however, line of fire.
an extrajudicial confession of the commission of the offense ➢ Do not talk to subject(s) in the course of the search.
➢ Charged. [People de las Marinas, G.R. No 87215, 30 Apr ➢ Do not grant subject’s request to attend to something
91; and People vs Mauyao, G.R No. 84525, 6 Apr 92]. before, during and immediately after the search.
Consequently, if the accused does not sign such receipt, if ➢ In a search by a single officer, have the gun ready with
may still be used in evidence. Moreover, Of the accused DID the land at a distance from the subject.
in fact sign of receipt, but he signed it with the assistance of ➢ Be sure to search every part of the body and clothing.
a lawyer of his choice. That act would constitute a valid
waiver of his right against self-incrimination. Types of Searches:
➢ It must be noted that in the cases cited above, the crime • Wall search
charged is possession of prohibited drugs. Thus, the • Standing Search
signature of an accused on the receipt is a declaration • Kneeling Search
against interest and a tacit admission of the crime charged, • Prone Search
as mere unexplained possession o prohibited drugs is
punishable. The doctrine is therefore not a hard and fast
rule as far as the ‘’Receipt for Property Seized’’ is
Fruit of Poisonous tree doctrine
concerned. If the crime charged is possession of unlicensed
A rule requires that evidence that is illegally obtained
fire arms. For example, the doctrine would apply. In other
should be excluded from admission in criminal proceedings.
cases, it will not apply.
The purpose behind this doctrine is to deter police
➢ Another document which is made after search is a misconduct that is reckless, deliberately or grossly
CERTIFICALTION OF PROPERTY SEIZED. This is signed by the negligent.Mugshots and fingerprints
owner of the seized property, and would seem to fall more Arresting units shall at all times take the mugshots and
under the court pronouncement above than the ‘’Receipt fingerprints of all arrested persons. Copies thereof shall be
for Property Seized’’ does. submitted to the PNP Crime Laboratory Service to serve as
➢ As much as possible, during the opening of safes, master file.
drawers, cabinets, tables, etc, the lifting of the articles Raid Operation
should be done by the owner of the house or his authorized ➢ A raid is a surprise invasion of a building or area. Raids
representative, or by immediate members of his family, to are usually made after careful investigation and when other
preclude any suspicion of the theft or planting of evidence. methods of accomplishing the mission are not suitable.
➢ Thereafter, the officer must immediately deliver the ➢ Legal basis. A raid must be legal, having its basis in lawful
things or property seized to the judge who issued the process and conducted in a legal manner. This will be in the
warrant, together with an inventory duly verified under form of a search warrant or warrant of arrest. The raid may
oath. [Sec. 11, ibid.] be in pursuit of a person reasonably believed to be guilty of
felony and when it is known that the felony has just been
INSTANCES OF WARRANTLESS SEARCHES committed.
➢ Warrantless search incidental to a lawful arrest
➢ WHEN PROHIBITED ARTICLES ARE IN PLAIN VIE The purpose of a raid is usually to:
➢ SEARCH OF MOVING VEHICLES. a. Effect an apprehension;
➢ A "stop and frisk" search b. Obtain evidence of illegal activity by surprising the
➢ Customs search offenders in flagrante delicto; or
➢ Consented Warrantless Search c. Recover stolen property.
Techniques of Searches of Persons Arrested. USE OF REASONABLE FORCE
“Probe ,” do not “pat” - (A woman operative should be The use of force shall be avoided. However, when during
used to search females.)The need to handcuff subjects(s). the conduct of the raid an armed confrontation took place
Dangerous and violent criminals, as well as escapees from due to unavoidable circumstances, the police may use
prisons and escape artists, must be handcuffed.When reasonable force to overcome the threat posed by the
suspect. The use of firearm is justifiable only by virtue of 8. Do not touch or move any object found in the scene.
the Doctrines of Self defense, Defense of Relative, and 9. Summon assistance from responsible persons if
Defense of Stranger, and if the police have probable cause necessary.
to believe (based on facts) that the suspect poses an 10. The team leader assigns the duties of the searchers if
imminent danger of death or serious physical injury to the assistants are present.
police or other persons. The officer-in-charge must ensure
that no innocent civilian is caught in the crossfire (Rule 6 THE GOLDEN RULE IN CRIMINAL INVESTIGATION“Do not
and 7 supra). touch, alter, move, or transfer any object at the crime
scene unless it is properly marked, measured, sketched
Things to be done after a raid where an armed and/or photographed.”
confrontation ensued. The officer-in-charge shall: THE CRIME SCENE PROCESSING;
a. Secure the sight of the confrontation; ➢ Before the crime scene is conducted, the investigator
b. Check whether the situation still poses imminent danger; shall establish command post for the team to conduct
c. Evacuate the wounded to the nearest hospital; briefing and evidence be in place for proper inventory were
d. Account for the killed, wounded and arrested persons for chain of custody begin.
proper disposition (Rule 9, ibid)
Jurisdictional Investigation – The police unit which has ASSIGNMENT OF DUTIES OF RESPONDING OFFICERS
jurisdiction over the area of the armed confrontation, 1. OFFICER-IN-CHARGE/ TEAM LEADER
together with the SOCO team, if any, shall immediately 2. ASSISTANT TEAM
undertake the necessary investigation and processing of the 3. PHOTOGRAPHER
scene of the encounter (Rule 10, PNP Operational
Procedures). Procedure in Photographing the Crime Scene
➢ General View or Long-range, taking an over-all view of
Don’ts in Raid the scene of the crime. It shows direction and location of
a. Don’t take unnecessary chances. the crime scene.
b. Don’t underestimate the ability or courage of the ➢ Medium View or Mid-range, is the taking of the
subject(s). PNP Criminal Investigation Manual 2011 4 - 11 – photograph of the scene of the crime by dividing it into
c. Don’t raid when not properly prepared. section. This view will best view the nature of the crime.
d. Don’t endanger the lives of bystanders.
➢ Close-up View/ Range, is the taking of individual
e. Don’t use police personnel who are not well-acquainted
photograph of the evidence at the scene of the crime. It is
with each other.
design to show the details of the crime.
f. Don’t forget gas masks when employing teargas.
Sequential Photographs of the Crime Scene;
g. Don’t be unnecessarily violent on the subject(s).
1. Views of the exterior of the building/ vehicle in relation
h. Don’t shoot unless very imperative.
to other buildings/ vehicles, roads/ streets, etc.
i. Don’t touch the evidence unless seen by witnesses, or by
2. Point of entry and exit outside and inside.
the owner or occupant of the place.
3. Interiors of the crime scene/ room.
4. Condition of the crime scene.
5. Area from which valuable articles were removed
CHAPTER 3
6. Articles left at the scene.
BASIC ELEMENTS OF INVESTIGATING CRIME SCENE
7. Trace evidence, such as hairs, fibers, footprints and
The Crime Scene
cigarette butts.
➢ This is the place where the crime is committed and 8. Tool marks and impressions of shoes or tire tracks.
physical evidence is evident therein. 9. Fingerprints as well as articles on which these prints may
➢ CRIME SCENE is said to be the “TREASURE ISLAND” be found.

SUGGESTED PROCEDURES OF CRIME RESPONSE SKETCHER – Make sketches of the immediate, background
1. The Means of Reporting and inside the scene of the crime.
2. The Time of Report MASTER NOTE TAKER – The one who writes down in short
3. The Receiver of Report hand all observations at the crime scene such as: weather
4. The Time of Dispatch condition, time of dispatch and time of arrival at the crime
5. The Time of Arrival scene and other relevant data that’s should be taken down
note.
INITIAL STEPS IN CRIMINAL INVESTIGATION EVIDENCE MAN – The one in charge in the collection,
1. Cordon the crime scene. preservation, tagging of the articles of evidence found at
2. Identify and retain the person who first notified the the crime scene.
police for questioning. MEASURER – Makes all relevant measurements of the
3. Determine the suspect by direct inquiry or observation. scene such as: the distance of the body of the victim to the
4. Detain all people present at the crime scene. firearm used; in motor vehicle collision, the distances of the
5. Safeguard the area by issuing appropriate orders. two vehicles to the points of references.
6. Permit only authorized persons to enter the area. SOME MATERIALS NEEDED IN RESPONDING TO THE SCENE
7. Separate the witnesses in order to obtain independent 1. Searching Materials – Examples: flashlights, magnifier,
statement. etc.
2. Sketching Materials – Examples: chalk, graphing paper, presence of a suspect’s personal belongings at the crime
a. sketching pad, clipboard, paperboard, pencil/ ball-pen, scene.
etc.
3. Measuring Materials – Examples: compass, tape SOURCES OF INFORMATION
measure, ruler, etc. 1. Government Records – Police files, NBI files,
4. Recording Materials – Examples: tape recorder, video Bureau of Immigration files, COMELEC files, files
recorder, etc. from the local jails and the National Bureau of
5. Collecting Materials – Examples: such as cutting fliers, Prisons and other government agencies.
knife, screw device, dropper, forceps, fingerprinting 2. Private Records – From private offices and
equipment, etc. business and non-government organizations.
6. Preserving Materials – Examples: bottles, envelopes, test 3. Intercepted Messages – From telephones, cellular
tubes, evidence tags/ label, etc. phones, radio telecommunications and other
means of communications.
CHAPTER 4 4. Records of the Firearms and Explosive Unit –
THE THREE TOOLS OR I’S OFCRIMINAL INVESTIGATION concerning licensed holders of firearms and
authorized possessor of explosives.
In criminal investigation, we have the so-called three tools 5. Fire Busting – Tracing the chain of possession of a
or sometimes called as the I’s of criminal investigation to firearm, from the manufacturer, distributor, seller
include: Information, Interview and Interrogation and and to the last processor and possessor.
Instrumentation. (Applicable in US, wherein This could be done
INFORMATION – It is the knowledge or facts which the through the files of the FBI and other US police
investigator had gathered or acquired from persons or agencies.
documents, which are pertinent or relevant concerning the 6. Stored Data on Computers and Cellphones – Only
commission of the crime or criminal activities. experts must be employed to retrieve these stored
data.
 Psychologist estimate that approximately 85% of our
knowledge is gathered through sight, 13% from sense of RULES ON COMPUTER EVIDENCE
hearing and only 2% through the three other senses. a. When the computer is OFF at the time of arrival,
do not turn it on.
Psychological processes of accurate observation; b. When it is ON, do not turn it OFF nor touch its
1. Attention – consist of the psychological process mouse or keyboard.
involve in becoming aware of an existence of facts. c. The unplugging of the computer whether it is ON
2. Perception – involve in the understanding fact of or OFF should be done by pulling out the cable
awareness. directly from the back of the Central Processing
3. Report – involved in identifying what has been Unit.
perceive, narrated, and identified. d. Each unplugged cable should be marked in the
same marking corresponding to the socket from
INFORMATION CLASSIFIED AS TO ITS SOURCES: where the cable was unplugged.
1. Regular Sources – Records, files from the e. The computer should be carefully handled and
government or non-government agencies, news packed for transport to the police station.
items. The bulk of application of this nature is f. Only computer forensic expert should search for
news items. Included also is news or TV broadcast, any information or evidence contained in the
intercepted radio, telephone messages and stored hardware.
computer area. g. The expert should duplicate the computer and the
2. Cultivated Sources – Information furnished by evidence custodian for future court presentation
informants or informers. should keep the original. Search and analysis must
3. Grapevines sources – When the information is be undertaken using the image disk.
disclosed by the underworld characters such as
prisoners or ex-convicts. THE INTERVIEW AND INTERROGATION

GENERAL TYPES OF SUSPECT IDENTIFICATION A Philosophy of Interview and Interrogation:

1. POSITIVE IDENTIFICATION – this use information The RIGHT officer asking the RIGHT questions in the RIGHT
that identifies an individual beyond question and is manner at the RIGHT time and in the RIGHT place will get
legally acceptable as pertaining to and originating the RIGHT answers.
from a particular individual.
Examples are the following: Information developed after INTERVIEW is the simple questioning of a person who
comparing questioned with inked fingerprints; Result of cooperates with the investigator. In account of the
DNA analysis of blood and semen. interview, the witnesses voluntarily give their accounts
2. TRACING IDENTIFICATION – this involves the use about the commission of a crime.
of all other information that maybe indicative of Cognitive Interview is a form or technique in the conduct of
the personal identity of an individual. interview upon willing and cooperative witnesses, where
Examples include the following: Description of witnesses as they are given the full opportunity to narrate their accounts
to the appearance of culprits; Information about the
without intervention, interruption and interference from  The interviewer should identify himself and the
the interviewer agency to which he belongs.
Question and Answer style of interview are also practiced  He should try to size up the interviewee and reach
by some investigators whereby after each question by the to tentative conclusion about his type, then use
investigator, the interviewee is required to answer on what the best interview approach.
he knows about what is being asked.  He should keep in mind the provisions of law
regarding the rights of people under custodial
THE GOLDEN RULE IN INTERVIEW investigation.
“Never conduct or let anyone conduct an interview if the
interviewer has not gone to the crime scene.” The THE STAGES OF HANDLING INTERVIEW
questioning should be in agreement with the facts and a. Preparation/Planning– The investigator should
conditions at the crime scene. The questioning will lead review the facts at the crime scene and
wayward for the interviewer who had not seen personally information from other sources in order that he
the crime scene and he will not be in a position to would be ready for the questioning. A background
distinguish half-truths, exaggerations of falsehood from the data of the subject should be available so that he
answers of the person being interviewed. could adapt himself to the kind of approach to be
employed.
QUALITIES OF A GOOD INTERVIEWER
a. Rapport – It is the relation between the In planning the interview, the interviewer should consider:
interviewer and the interviewee, which is  The facts of the case which have been established
conducive to a fruitful result. so far.
b. Forceful Personality – The appearance of the  The information needed to complete the picture.
interviewer and other qualities such as skills of  The sources of information that may be consulted
communication techniques or the force of his such as files and record.
language are the mainstays of the strength of his  The possibility of confronting the suspect with
character. physical evidence.
c. Knowledge of Human Behavior  The time available for the interview.
d. Conversational Tone of Voice – His tone of voice  The time allowed by law.
must be conversational, not confrontational as in
interrogation. b. Approach – The investigator must carefully select
e. Acting Qualities – He must possess the qualities of his kind of approach, which maybe a single kind, a
an actor, salesman and psychologist and know combination of two or the application of all
how to use the power of persuasion. techniques.
f. Humility – He must be courteous, sympathetic and c. Warming Up – This is done by preliminary or
humble, ready to ask apologies for the exploratory questions to clear the atmosphere,
inconvenience of the interview. promote a conducive ground for cordiality, respect
and trust for each other.
REASONS WHY WITNESSES REFUSE TO TALK OR TESTIFY d. Cognitive Interview – The subject now is asked to
a. Fear of Reprisal – witnesses who lack the courage narrate his account without interruption,
to face the suspect, his associates or relatives intervention or interference. It is only after the
always entertain the fear of reprisal. completion of the uninterrupted narration that the
b. Great Inconvenience– On the part of those of investigator begins his direct and cross-
hands-to-mouth existence there is this real examinations.
inconvenience, which will deprive them the time
to earn for their living especially during the ordeal RULES IN QUESTIONING A PERSON
of testifying during the trial. a. One Question at a Time – Multiple, complex and
c. Hatred Against the Police – This hatred maybe due legalistic questions should be avoided. One
to previous bad experience with rogue members question at a time is desired.
of the police organization. b. Avoid Implied Answers – The nod of the head or
d. Bias of the Witness – The witness maybe an any other body language as a response to the
acquaintance, friend, helper, or benefactor of the questions should be avoided. The answers must
suspect. be oral, clear, explicit and responsive to the
e. Avoidance of Publicity – There are witnesses who questions.
are shy and they shun publicity that will bring c. Simplicity of Questions – A short simple question
discomfort to their ordinary or obscure way of at a time is required. If the answer needs
living. qualification, then, it should be allowed. Avoid
f. Family Restriction – Some famous and respected legalistic questions such as: who is the murderer;
families preserve their reputations by instilling to or who are in conspiracy with the subject.
their members the need of the approval of their d. Saving Faces – Embarrassing questions on the
elders on matters affecting their families. subject on matters of exaggeration or honest
errors about time, distance and description can be
Opening the Interview avoided if the investigator will cooperate with the
 subject “to save his face”. The investigator should Admission is an acknowledgement of a fact or circumstance
not fault or ridicule the subject on these matters. without accepting guilt.
e. Yes and No Answers – Do not ask questions which
could be answered by yes or no only. It will curtail KINDS OF CONFESSION
the complete flow of information and will lead to 1. Extra Judicial Confession – Those made by the
inaccuracy. suspect during custodial investigation. Simply
Note: The interviewer should always leave the door open explained are that those confessions are made
for a re-interview. Don’t forget to say ‘’THANK YOU’’ after outside of the Court.
the interview. Sec 3, Rule 133, Rules of Court – Extra judicial confession,
not sufficient ground for conviction: An extra judicial
TYPES OF WITNESSES ACCORDING TO THEIR ATTITUDE confession made by an accused, shall not be sufficient
a. Know-Nothing Type – These are the reluctant type ground for conviction, unless corroborated by evidence of
of witnesses. corpus delicti (body of the crime.)
b. Disinterested Type – This is the uncooperative and 2. Judicial Confession – Those made by the accused
indifferent subject. in open Court. The plea of guilt maybe during
c. The Drunken Type – The style of questioning by arraignment or any stage of the proceedings
the investigator should be adapted to the where the accused changes his plea of not guilty to
psychology of the subject. When the drunken guilty.
subject has sobered, another interview will be Sec. 2, Rule 129, Rules of Court states that “Judicial
conducted, confronting him about his disclosures Admission is made by the party in the pleadings, or in the
while in the state of drunkenness. The written course of the trial or other proceedings do not require
statement must be taken during his sobriety. proof and cannot be contradicted unless previously shown
d. Talkative Type – These are witnesses who are to have been made through palpable mistake.”
prone to exaggerate, adding irrelevant or new
matters to their narration. KINDS OF EXTRA-JUDICIAL CONFESSION
e. Honest Witnesses – These are the truthful and a. Voluntary Extra-judicial Confession- The
cooperative witnesses where the investigator confession is voluntary when the accused speaks
could rely upon, with little or no problem in of his free will and accord, without inducement of
handling them. any kind, with a full and complete knowledge of
f. Deceitful Witness – These are the liar type of the nature and the consequence of the confession.
witnesses. b. Involuntary Extra-judicial Confession- Confessions
g. Timid Witnesses – They are the shy witnesses. The obtained through force, threat, intimidation,
approach must be friendly and reassuring duress or anything influencing the voluntary act of
confidentiality of their information the confessor.
h. Refusal to Talk Witnesses – These are the most
difficult subjects to deal with. Find out the reasons IMPORTANT NOTE:
of their personality  Confessions obtained from the defendant by
means of force or intimidation/violence is NULL
INTERROGATION AND VOID, and cannot be used against him/her in
Interrogationis the vigorous and confrontational the trial.
questioning of a reluctant suspect about his participation in  A confession made under the influence of spiritual
a crime. Is the process of obtaining an admission or advice or exhortation is not admissible.
confession from those suspects which means that the  The same through as confession made under the
suspect is confronted about his participation in the influence of paternal sentiment is not admissible
commission in an offense is the act or process of as evidence.
questioning somebody closely, often in an aggressive
manner, especially as part of an official investigation or trial Phases of interrogation;
a. Planning and preparation – this refers to the
Goals of interrogation: interrogator keep himself aware on the situation
 To find out the truth about the crime. and he must observe and analyze the interrogee
 To obtain an admission or confession of guilt from without his knowledge.
the suspect. b. Approach – in this step, the interrogator should
 To gain all facts in order to determine the method keep in mind to gain rapport with the subject.
of operation or modus operandi and the c. Questioning – this is considered the hearth of
circumstances of the crime in question. interrogation. Were all techniques could apply to
 To collect information that guides investigators to obtain information from the subject.
arrive at a logical conclusion. d. Termination – this refers to the ending of the
interrogation process, and it should end in a
CONFESSION DISTINGUISHED FROM ADMISSION friendly manner.
e. Recording – this refers to place in document the
Confession is the declaration of the accused acknowledging result of the interrogation, in this process it is
his guilt arising from the commission of a crime. advisable to tape record all conversation.
 f. Reporting – this is the end product of the
interrogation. ADDITIONAL MODERN TECHNIQUES OF INTERROGATION
a. Rationalization – It is the use of reasons, which is
THE TECHNIQUES OF INTERROGATION acceptable to the subject that led to the
a. EMOTIONAL APPEAL – This is a technique where commission of the crime
the investigator, combining his skills of an actor b. Projection – It is the process of putting the blame
and a psychologist, addresses the suspect with an to other persons, not alone to the suspect.
emotional appeal to confess. Devotees of a c. Minimization – It is the act of minimizing the
religion may belong to this type. culpability of the suspect.
b. SYMPATHETIC APPROACH – The investigator, in
his preliminary or probing questions must dig deep The following are signs of deception, which may help the
into the past troubles, plight and unfortunate investigator corner the subject, some of which are:
events in the life of the suspect. An offer of help,  Pulsation of the carotic (neck)artery.
kindness, friendliness, may win his cooperation.  Excessive activity of the Adam’s apple.
c. FRIENDLINESS – A friendly approach coupled with  Avoiding the eyes of the interrogator, swinging
a posture of sincerity may induce the suspect to one leg over the other foot-wiggling, wringing of
confess. the hands, tapping of fingers, picking fingernails,
d. TRICKS AND BLUFF TECHNIQUES etc.
(1) The Pretense of Solid Evidence against the Accused  Dryness of the mouth.
(2) The Weakest Link  Swearing to the truthfulness of assertions. This is
(3) Drama frequently used by guilty subjects to strengthen
(4) Feigning Contact with Family Members their assertions of innocence.
(5) The Line Up Method (Accused is lined-up among  ‘’Spotless Past Record’’ – ‘’Religious Man’’. These
suspects) are asserted to support statements which the
(6) Reverse Line Up (Accused is alone and coached subject knows, and realizes the interrogator
witnesses and victims are piled to make accusations against knows, to be false.
the accused)  A ‘’Not That I Remember’’ or ‘’ As Far As I Know’’
expression should be treated as a veiled admission
e. STERN APPROACH – The investigator displays a or half-truth.
stern (demands immediate response) personality
towards the suspect by using the following Modes of Extra-judicial Identification of Accused
methods:  Show-ups – where accused alone is brought face-
 Jolting – In the questioning process, the to-face with the witness for identification
investigator selects the right moment to  Mug shots – where photographs are shown to the
shout a pertinent question in an apparent witness for identification
righteous outrage. The suspect’s nerves  Line-ups – where a witness identifies the suspect
will break to a confession. from a group of persons lined up for the purpose
 Opportunity to Lie – The suspect is given
all the opportunities to lie. The suspect is Identification will be admissible if it passes the totality of
questioned about his personal life, family, circumstances test which considers the following factors:
friends and his knowledge about the  The witness’ opportunity to view the criminal at
complainant and witnesses. Then the the time of the crime
suspect is questioned about his activity  Witness’ degree of attention at that time
prior, during and after the commission of  Accuracy of any prior description by the witness
the crime.  The level of certainty demonstrated by the witness
f. THE MUTT AND JEFF OR SWEET AND SOUR at the identification
METHOD – The first set of investigators must  Length of time between the crime and
appear to be rough, mean and dangerous. identification
g. REMOVING THE ETHNIC OR CULTURAL BARRIER –  Suggestiveness of the identification procedure
If the suspect is an Gaddang, an Gaddang
investigator and the same should interrogate him,
the same with other ethnic or cultural groups. It is INSTRUMENTATION
the Filipino’s way of life that we put our trust and
confidence to those who belong to our clan or INSTRUMENTATION
tribe.  it is a process of applying instruments or tools of
h. SEARCHING FOR THE SOFT SPOT – In every man’s the Police Sciences in criminal Investigation and
heart, there is always that softest spot. The heart detection (the used of Police Laboratory)
may have been hardened to steal by poverty,  This is otherwise known as CRIMINALISTICS.
destitution, hopelessness, despair, apathy,
indifference, injustice, hatred or other factors, yet Methods of Instrumentation:
there is always that spot which could be Polygraph Examination or Lie Detector Test,
discovered by the investigator thru his knowledge
of human behavior
  POLYGRAPHY or POLYGRAPH SCIENCE is the  To recover valuable information from reluctant
scientific method of detecting deception using an witnesses
instrument called polygraph. Some people  To eliminate innocent suspects
consider polygraphy as the new name of lie
detection. What are the principal uses of polygraph examination?
There are 5 main uses of polygraph examination.
POLYGRAPH, A polygraph is a scientific instrument that  Aid in investigation of criminal and civil cases
simultaneously records the changes in physiological  Speeds up investigation process
processes of the human body and capable of recording  Eliminate innocent suspects
internal bodily changes, such as blood-pressure/pulse-  Pre-employment screening
rates, respiration, electro-dermal properties of the skin or  Personnel test for honesty
the Galvanic Skin-Reflex (GSR), which are indicative of
emotional excitement, especially lying, when questioned. What are the limitations of the polygraph instrument?
The polygraph instrument is
In polygraphy, the SUBJECT refers to the person to be (or  Invaluable investigative aid but never a substitute
being) examined, usually a suspected criminal. The subject for an investigation.
is also called examinee.  Not a lie detector, it is only a scientific diagnostic
instrument.
The EXAMINER is the expert in polygraph science who uses  Not capable of determining facts, it only records
polygraph instrument to verify truthfulness of a subject’s responses of the subject.
statement or testimony. Other descriptions for the  Not 100% accurate or 100% reliable, its accuracy
examiner are polygraphist, forensic psychophysiologist depends on the examiner’s competency.
(FP) and polygraph examiner (PE).
The REQUESTING PARTY refers to the person or persons Police Photography
who ask for the services of the examiner to help verify the  Is the study of the general techniques of
truthfulness of a subject’s statement or testimony. photographing the crime scene, physical
evidences, and other circumstances that can be
POLYGRAPH TEST It is the actual test whereby the reactions used for law enforcement purposes. It is a field
of the subject on a specific stimulus are being recorded that focuses on the practical application of
using the polygraph instrument. is the specific part of the photography in police work (law enforcement
polygraph examination that transpires from the moment operations).
the chart drive (kymograph) is turned on until it is turned
off. Forensic Photography is that field covering the legal
application of photography in criminal jurisprudence and
PRE-TEST INTERVIEW is the first official stage of polygraph criminal investigation. It is that branch of forensic science,
examination whereby the subject is informed about the dealing with the:
nature of the examination including his rights in relation to  Study of the fundamental but pragmatic principles
the examination and conditioned to take the test. of photography;
 Application of photography in law enforcement;
INSTRUMENTATION is the stage of polygraph examination and
whereby polygraph instrument is actually used while asking  Preparation of photographic evidences needed by
questions to the subject. This is also known as the actual prosecutors and courts of law.
test.
Fields of Photography Significant in Police Work
POST-TEST QUESTIONING refers to the questioning that Photomicrography - involves the process of photographing
concludes the examination, either in the form of post-test minute objects when magnified by means of the
interview or post-test interrogation. microscope and enlarged 10 times (10x) or larger
Photomacrography - involves the process of photographing
What are the objectives of using Polygraph services? objects that are directly enlarged at the negatives and
In crime detection and investigation, the common magnified up to 9X only
objectives of using polygraph services are the following: Infra-red Photography - the technique of photographing or
 To ascertain if a person (witness/suspect) is telling recording unseen objects by means of infra-red light and
the truth infra-red film; example is the practice of photographing
 To locate the fruit/s and/or instruments of the charred or burnt materials & overwritten texts
crime under investigation Ultraviolet Photography - the technique of photographing
 To obtain additional investigative leads to the facts unseen objects by the use of ultra-violet light and filters;
of the case/offense example is the process of photographing overwritten text
 To locate the whereabouts of suspects and wanted and marked money
persons X-ray Photography - X-ray photography involves the
 To identify suspects, witnesses, and/or victims process of photographing or recording internal structure of
involved in the criminal/civil case. the human body
Forensic Medicine 3. Cooling of the body (ALGOR MORTIS) – The fall of
temperature of 14-20 degrees Fahrenheit
Legal Medicine - is the branch of medicine which deals with is considered as a certain signs of death.
the application of medical knowledge to the purposes of 4. Insensibility of the body and loss of power to move
law and justice. 5. Changes in and about the eye
Forensic Medicine - is a branch of medical science which 6. Loss of cornmeal reflex
deals with the application of medical knowledge to 7. Clouding of the cornea
elucidate legal problems.
Changes in the body following death
Methods of Preserving Evidences: Stage of Primary flaccidity or stage of muscular irritability
 Photography and sound recording, video, audio, 1. The muscles are relaxed and capable of
microfilm. contracting when stimulated. The pupils are
 Sketching dilated, the sphincters are relaxed, and there is
 Description incontinence of urination and defecation.
 Testimony of witnesses/ Preservation in the mind 2. Stage of Rigor mortis ( post-mortem rigidly or
of Witnesses cadaveric rigidity or death struggle of muscle) –
 Manikin Method The whole body becomes rigid due to the
contraction of the muscles. This develops three to
Kinds of Witnesses: six hours after death and may last from 24-36
Expert Witness the opinion of the witness regarding a hours.
question of science, arts or trade, where he is skilled 3. Stage of secondary flaccidity or decay muscles. –
therein, may be received in evidence. The muscles becomes flaccid, no longer capable of
Ordinary Witnesses- all persons who, having organs of responding to mechanical to electrical stimulus
sense, can perceive, the perceiving can make known their and the reaction becomes alkaline.
perception to others, may be witnesses. 4. Putrefaction or decay
5. Cadaveric lividity or post-mortem lividity
Medico-legal aspect of Identification.
When an unknown body is found, the following should be AUTOPSY
noted by the investigator to facilitate identification:  Autopsy came from the Greek word autopsia,
1. Place where body was found. meaning "seeing with your own eyes."
2. Time when found
3. Caused of death AUTOPSY (Sometimes Called MEDICOLEGAL
4. Time when death occurred EXAMINATION)
5. Approximate age  is the process by which the PATHOLOGIST or the
6. Supposed profession MEDICO LEGAL OFFICER conducts an examination
7. Description of the body on the cadaver to determine the exact cause of
death. Autopsy should be performed at once when
Points of identification Applicable to both living and death there is the slightest reason to suspect the
before onset of decomposition. probability of homicide.
1. Occupation mark
2. Race AUTOPSY/ NECROLOGY REPORT
a. color of skin Autopsy is more detailed compared to Post Mortem
b. Feature of face Examination.
3. Stature POST MORTEM EXAMINATION is the process of
4. Teeth examination conducted by a medico-legal officer to the
5. Tattoo marks cadaver of person at the crime scene to find out facts that
6. Weight may lead to reasons of death.
7. Deformitics
8. Birth marks Forensic Chemistry and Toxicology
9. Injuries leaving permanent Forensic chemistry is defined as the application of chemical
10. Moles principles in the examination of physical evidence in
11. Scars solution to problems that arise in connection with the
12. Tribal marks administration of justice. It encompasses a large field in the
13. Sexual organ determination and analysis of the crime evidence.
14. Blood group Forensic toxicology is a hybrid of analytical chemistry and
15. Finger prints fundamental toxicological principles. It is concerned
primarily with the medico-legal aspect of the harmful
Signs of Death effects of chemicals on humans and animals as well.
1. Cessation of heart action and circulation.
2. Cessation respiration – for a period not longer A forensic chemistry laboratory can:
than 3-1/2 minutes.  Examine blood and other bodily fluids
 Determine gunpowder residues and explosives.
  Examine wine, vinegar, and other substances for Choke – the constriction of a shotgun bore at the muzzle at
unfair trade competition. various ranges or degrees designed to control pellet
 Examine prohibited and regulated drugs. charged at the target.
 Examine the chemical aspects of hair, textile fibers, Chronograph – instruments which measure the velocity of
and documents. projectiles.
 Examine glass fragments, fractures, and moulage. Class Characteristics – those which are determinable prior
 Examine the nature, physiological action, chemical to the manufacturer of the firearm and are Bullet
and physical dosage, detection, and treatment of Comparison Microscope – is a microscope especially
poisons. designed to permit workers to determine points of
similarity or difference between two objects by observing
their multi-magnified images simultaneously in a single
microscope field.
Forensic Ballistics Individual Characteristics – those which are determinable
WHAT IS FORENSIC BALLISTICS? only after the manufacturer of the firearms. Recoil – the
 refers to the science of investigation and equal and opposite reaction of the gun against the forward
identification of firearms and ammunition used in movement of the bullet during explosion.
crimes.
The term Forensic originated from the Latin word FORUM, Dactyloscopy
meaning market place, because this is where judicial trials  is the study of classification of fingerprints as a
of Rome during the Roman times or it means debatable means of identification.
argumentation in relation to the court of justice.  from root word Dactyl (dactile)
More broadly, the word Forensic has become almost  GREEK word DAKTYLOS meaning FINGER.
synonymous with Legal. For instance “FORENSIC
MEDICINE” means Legal Medicine. SCIENCE OF FINGERPRINTS
 is the most positive means of personal
WHAT IS BALLISTICS? identification. It has been found out that the
 is the science that deals with the study of the intricate pattern on the fingers are permanent to
motion of the projectile or simply the science of individual and never undergo a natural change.,
firearms identification. except in the size of the pattern during the life
 in its legal meaning, it is the microscopic time of individual.
examination of fired cartridge cases and bullets
together with the recording and presentation by Friction skin patterns/designs/ formations appear on the
means of photography or what is revealed by the finger tips, palms of the hands and soles of the feet five (5)
microscope. months before birth to DEATH.
FINGERPRINTS probability of an individual to have the same
IMPORTANCE OF FORENSIC BALLISTICS; fingerprint is 1:64 billion.
 Firearms identification plays an important role in
the administration of justice. DEFINITION OF FINGERPRINTS
 This science has advantage over confessions, direct As an IMPRESSION:
witness and other circumstantial evidence.  It is the reproduction of pattern or design formed
 It is regarded as the highest form of uncontestable by the ridges on smooth surface of the end joint by
and conclusive piece of evidence with the utmost the fingers or thumb, through the medium of ink
legal significance. or any coloring substance capable of producing
visibility.
Some important term; As a SCIENCE:
Caliber – is a term used to indicate the bore diameter  It is the identification of person by means of the
measured from land to land. ridges appearing on the fingers, on the palms and
Gauge – as applied to shotgun indicates that the bore on the soles of the feet.
diameter of a lead ball whose weight in pounds is equal to
the reciprocal gauge index. NATURE OF FINGERPRINT AND PRINCIPLES
Bullet Recovery Box – is a device for catching test bullets 1. PRINCIPLES OF CONSTANCY – Fingerprint ridges
fired from the suspected firearms or weapons. are formed during the third to fourth or
Photomicrographic Camera – a camera used by connecting sometimes fifth month of fetal development.
the camera with the ocular of the bullet comparison These ridges consist of individual characteristics
microscope for permanently recording the microscope called ridge endings, bifurcations, dots ad many
image. ridge shape variances.
Pitch of rifling – is the distance that the rifling advances to  This principles was proven by Sir William James
make one complete turn. Herschel whose fingerprint had been recorded in
Caliper – a measuring device used in the calibration of the span of almost 57 years in a different event
bullets and gun bores. and age of his life.
2. PRINCIPLES OF INDIVIDUALITY - no two
fingerprints of different person or the neighboring
finger of the same person have ever been found to
 be identical or exactly alike in all respects, and it deface them, and test of this kind should be made
has been studied and proven that ridges only by those properly qualified to make them.
appearing in a fingerprints of man wherein it 6. Never point closely at letters or any parts of it with
has been used as an infallible means of a pencil
identification.
3. Principles of Infallibility – Fingerprint is exempt CHAPTER 5
from error of judgment. Mans fingerprints cannot SKETCHING THE CRIME SCENE AND EVIDENCE
be forged. Criminals have tried to destroy their
fingerprints in an effort to fool Justice, even if they Sketch is the graphic representation of the scene of the
cut his finger with a razor, or knife, time brought crime with complete measurements of the relative
new ridge to the surface. True, there were scars in distances of relevant object and conditions obtaining
the lower layer of the skin, but the patterns were therein.
so distinct that when classifying will show positive Sketching refers to the process of recording of information
identification of the its real identity. with respect to its location, position, measurement,
Questioned Document Examination orientation and details of findings in a sketch pad through
DOCUMENT Is any material which contain marks, symbols symbols, arts and figures.
or signs either visible, partially visible or invisible that may
presently or ultimately convey a meaning or message to The General Kinds of Sketch
someone. Pencil or ink writing, typewriting or printing on 1. Rough Sketch is the sketch made by the
paper is its most usual form. investigator at the crime scene which is full of
QUESTIONED DOCUMENT Any document about which important details but without the scale of
some issue has been raised or under scrutiny, with respect proportion. This is used as the basis for the
to its genuineness and its origin. finished sketch.
Holographic Document refers to any document completely 2. Finished sketch is the sketch with a scale of
signed and written by one person. proportion and drawn by a draftsman which can
Graphology refers to the study of handwriting to determine be used for court presentation. Rough and finished
one personality trait. This is not part of handwriting sketches if requested by the court shall be
analysis and is not considered a science. presented by the draftsman to clear doubts of the
Albert S. Osborn, considered as the “Father of Questioned jury.
Documents” published his work Questioned Documents in
1910. In 1935, the Lindbergh baby kidnapping case, State REASONS OF MAKING SKETCH
vs. Hauptmann Osborn proved in court as an expert witness 1. To refresh the memory of the investigators.
that the accused Bruno Richard Hauptmann had written all 2. To express the precise location of objects and their
of the ransom notes found or sent after the abduction of relationship to other objects and its surroundings.
the son of Charles. 3. To assist the prosecutor and the judge in
understanding conditions at the crime scene;
Questioned document examination principally covers: 4. To supplement photographs;
 Identification of seal, stamps and other 5. To assist in questioning of witnesses and suspects.
authenticating devices.
 Examination of handwriting which includes PARTS OF SKETCH
signatures' and handwriting for the purpose of The following are parts of sketch that is usually practiced by
determining authorship or their genuineness. the Philippine National Police (PNP). This may vary
 Examination of type prints and typewriting for the depending on the sketcher and purpose of sketch.
purpose of determining their source or genuine, 1. Title – it refers to the crime committed or the
 Detection of alteration incident happened such as vehicular accident,
 Restoration of obliterated writing homicide case, drowning, rape case and others.
 Decipherment of erased writing 2. Body – refers to the sketch proper to include the
 Determination of age of documents. position of the victim and other items in the crime
scene. It includes proper measurements of
CARE, PRESERVATION AND HANDLING OF QUESTIONED distances of objects in the crime scene.
DOCUMENT EVIDENCE 3. Compass direction (orientation) - A standard
1. Disputed documents should not be cut, torn in any arrow to indicate the north direction.
manner mutilated in the slightest degree. 4. Nature of case – refers to the status of the case
2. Documents should not be touched with an eraser whether currently committed or days have passed
or any kind, nor with pen, pencil, or sharp after its discovery.
instrument of any character. 5. Location of incident – refers to the place where
3. Documents should not be folded in any new place. the incident happened.
4. Documents should not be folded and unfolded 6. Date/time of incident – refers to the exact time
unnecessarily. and date of the incident. This can be gathered
5. Except by special permission, no chemicals should through interview from eyewitnesses and other
applied to papers in any manner that will injure persons in the area.
7. Name of victim – the part of the sketch where
name of the victim is written
 8. Name of suspect – refers to the part of the sketch means by which any alleged matter of fact, the
where the name of the suspect is written. truth of which is submitted to investigation, is
9. Legend – This is usually placed at the bottom of established or disproved (Carter, Treatise Cases
sketch outside the sketch of the scene. Numbers and Statutes on Evidence)
represent the objects in the crime or letters in
order not to unnecessarily crowd the graphic WEIGHT AND SUFFICIENCY OF EVIDENCE;
presentation. Their descriptions are found in the 1. Proof beyond reasonable doubt
legend.  Does not mean such degree of proof as,
10. Signatory – the part of the sketch where the name excluding possibility of error, produces
of the sketcher and the team leader or the officer absolute certainty
in charge are written and signed.  Moral certainty only is required, or that
11. Date and time- refers to the exact time the sketch degree of proof which produces
was made. conviction in an unprejudiced mind
2. Circumstantial evidence to sustain conviction
SOME ESSENTIAL ELEMENTS OF SKETCH must:
1. Measurements – This is the element of sketch  More than one circumstance
wherein measurements are shown in the sketch to  Facts from which inferences are derived
show accurate spaces and distances of relevant are proven
objects to their point of reference.  Combination of all circumstances such as
2. Essential Items – All items in the scene must be to produce conviction beyond reasonable
included. Never decide outright that some items doubt
are irrelevant. As you proceed in the investigation, 3. Substantial evidence
these seemingly irrelevant items will become  That amount of relevant evidence which a
relevant or material in the investigation. reasonable mind might accept as
3. Scale Of Proportion – It is the element of the adequate to justify a conclusion.
finished sketch. It is the essential of the finished
sketch to the actual size or measurements at the CHAPTER 6
scene. The scale of 1:50 means that one inch in the THE INTELLIGENCE OPERATION
sketch measurement is 50 inches in the actual
scene measurement. The function of Intelligence division is to determine
4. Victim and Suspect identification – This includes intelligence requirements task allocations and disseminates
the name of the victim. Other identification data Priority Intelligence Requirements (PIR) and
may be included if available such as: birthdate and uncompromising action against those who trample upon
birthplace. the democratic rights of our people or any attempt to put
5. Time and date – It includes the exact time of the up their own government. As the first line of defense
preparation of the sketch but most importantly the against subversion or dissidence, the intelligence arm must
time and date of the occurrence of the crime also be our first line of defense in the protection of human
should be recorded. rights.
Important Events and Personalities:
THE SPECIFIC KINDS OF SKETCH
Sketch of Locality – It deals with the vicinity of the crime The Bible – this is the earliest source of intelligence. Found
scene in relation to the environs, to include neighboring in Numbers 13:17, when Moses sent a spy to spy out the
buildings, structures, or means of access leading to the land of Canaan.
scene Moses – he is the first person who used and formalized
Sketch of Grounds – This is the kind of sketch which intelligence.
illustrates the scene of the crime with the nearest physical Rahab – the harlot of Jerico, who sheltered and concealed
surroundings, such as the room adjacent or opposite the the agent of Israel.
room of the crime scene, the number of floors of a building Delilah – she used her beauty in order to gain the
or house, the yard and the other natural structures. confidence of the enemy and to gather information.
Sketch of Details – It includes the positions and exact Sun Tzu – A Chinese Philosopher who wrote a Book entitled
locations of the physical evidence in the crime scene. It “The Art of War” a book that was a favorite reading of Mao
describes the immediate scene only like the room which Tse Tung. Sun Tzu contributed his principle of intelligence;
the crime was committed and the details of items in the
room. “If you know thy Enemy and know thy Self,
you need not fear the results of a hundred Battles,
EVIDENCE
 is the means, sanctioned by these rules, of if you know yourself and not the enemy,
ascertaining in a judicial proceeding the truth for every victory, you will suffer defeat,
respecting a matter of fact (Sec 1, Rule 128, Rules
of Court). if you know neither yourself nor the enemy,
 is any material which tends to persuade the court you are a fool who will meet defeat in every Battle”.
of the truth or probability of some facts asserted
before it (Murphy, A Practical Approach). It is the
In this, Sun Tzu, a Chinese philosopher considered the The Mossad – The Intelligence Agency in Israel. Reuven
Father of Intelligence. SHiloah was the first Director of Mossad.

Alexander the Great – Called the Marching of Asia, devised Two Branches of Mossad
the first letter sorting and opening to obtain information,  Aman – Military Intelligence for defense force.
because there are rumors of dissatisfaction growing among  Shabak – this is for General Security Service for
his allies. Internal Security, from the word “Shin Bet” means
Gen. Romano Q. Sertorious – The Roman Commander in defender who shall not be seen.
Spain who possessed a white Fawn, that come widely to
reveal and use secret and guidance from Fawn. KCI – which means Korean Central Intelligence Agency.
Akbar – The Master of Hindustan. Who employed more The Scotland Yard – This refers to the London Metropolitan
than 4,000 agents to know the truth if his throne might rest Police Force which was established by Sir Robert Peel in
upon it. 1829.
Genghis Khan – The Leader of Mongol Conqueror. And the
one who used prisoners as a source of information. BASIC CONCEPT OF POLICE INTELLIGENCE
Sir Francis Walsingham – Organized the first National Police Intelligence – it is the end product resulting from
Intelligence Service and protected Queen Elizabeth from collection, evaluation, analysis, integration and
countless Assassin. interpretation of all available information regarding the
Arman Jean du Plessis – Took the name Richelieu, which activities of criminal and other law violators.
means the network of covert intelligence and used accurate Police Intelligence Officer – is the person who carry the
information. objectives of Police Intelligence.
Louis XIV – He employed the used of surveillance, postal
censorship, and military intelligence organization. IMPORTANCE OF INTELLIGENCE
Napoleon Bonaparte – Introduced the principle “One spy in 1. It is vital to enable a nation to formulate its
the right place is worth 20,000 men in the field” also policies, strategic plans and conduct its diplomacy.
maintain Military Intelligence and secret political police 2. Intelligence is needed in order to enable a nation
service. to forestall the activities of its internal and external
Karl Schulmeister – called the Napoleon’s eye, because he enemies.
is the Napoleon’s military secret agent. Through espionage 3. It is necessary to detect and prosecute the
he infiltrate the Australian General Staff. activities of criminals and subversive elements.
Joseph Fouche – Bonaparte’s Head of Internal Security. 4. it is vital in providing ample security for the people
Founded the modern system of spying on spies which later and the state.
known as COUNTER ESPIONAGE. 5. Intelligence plays an important role in the life and
Frederick the Great – Known as the Father of Organized survival of a country by providing advance and
Military Espionage. His method was to divide his agent into exact knowledge of the intentions and design of its
four(4) classes; enemies.
 Common Spies – this refers to a recruited person
to earn money Desirable Qualities of an Intelligence Officer
 Double Spies – The Law informers and unreliable 1. Knowledge ability – this refers to the intelligence
renegades of value, means spreading false and mental capacity.
information to the enemy. 2. Perceptive about people – this refers to the good
 Spies of Consequences – invariable requiring a judgment of personal character.
substantial bribes or bait. 3. Flexibility/Adoptability – able to work with others
even under difficult conditions.
Hannibal – Considered one of the brilliant military who 4. Can distinguish between facts and fiction, between
used intelligence in history. Developed an effective essentials and non essentials.
intelligence system for 15 years, often disguise as a beggar 5. Possess inquisitiveness or an inquiring mind.
to gather information. 6. Have ingenuity – able to improvise, look for
Alfred Redl – one of the most brilliant intelligent agent and solution
the Chief of the Australian Hungarian Secret Service and 7. Observant and alert
latter on they discovered that he is Agent of Russia. The 8. Able to express ideas clearly, briefly and
Brahma Kautilya – Introduced his Intelligence principle interestingly
“The ruler should strike at his enemy’s weak points by 9. Discipline
means of spies”. 10. Patient and hardworking
Federal Bureau of Investigation (FBI) – established in 1908, 11. Good memory
as investigative arm of the US Department of Justice. JOHN 12. Integrity
EDGAR HOOVER became the first FBI Director. 13. Discreet – knows when to talk or keep mouth.
Central Intelligence Agency (CIA) – The Agency Created
under the US National Security Act of 1947. The first Functional Classification of Police Intelligence
Director was Admiral Roscoe Hillenkoetter.
KomitetGosudarstvennoyBezopasnosti (KGB) – The Criminal Intelligence (CRIMINT) – this refers to the
Intelligence Agency of Russia. production of intelligence essential to the prevention of
crimes, investigation and arrest and prosecution of criminal hostile foreign activities and to the protection of
offenders. information.
Internal Security Intelligence (INSINT) – refers to the
knowledge essential to the maintenance of peace and Three activities of CI
order. 1. Protection of information against espionage.
2. Protection of personnel against subversion.
Public Safety Intelligence (PUSINT) – refers to the 3. Protection of installation and materials against
knowledge essentials to ensure the protection of lives and sabotage.
properties. CI is also known as negative intelligence. That refers to the
three generic term;
Forms of Intelligence Security Intelligence – the sum total of efforts to counsel
Sociological Intelligence – deals with the demographic and the national policies, diplomatic decisions, military data and
psychological aspect of groups of people and group any other information affecting the security of the nation.
dynamics of a population. Sociology is key to understanding Counter Espionage – to investigate actual or theoretical
a region's stability, military capability, and foreign policy. violation of espionage laws to enforce those laws and to
Biographical Intelligence – deals with the individual apprehend any violators. And it is also refers to a job to
personalities who have actual possession of powers. catch spies.
 refers also to a subset of intelligence analysis
based on knowing, and recording, every possible Three aims of counter espionage
name, nickname, code, and other identifiers for 1. To locate the enemy
individuals. 2. To identify the enemy
Armed Force Intelligence - military Intelligence deals with 3. 3. To neutralize the enemy
the armed forces of the nation)
 is an element of warfare which covers all aspects Two General types of CI
of gathering, analyzing, and making use of A. Passive Measures – are those measures which
information, including information about the seeks to conceals information from the enemy
natural environment (Shulsky and Schmitt, 2002), B. Active measures – are those measures which
over enemy forces and the ground. It involves seeks actively blocks the enemy’s effort.
spying, look-outs, high-tech surveillance
equipment, and also secret agents. Five categories of CI Operation
Geographical Intelligence – deals with the progress of 1. Military Security – this refers to the measures
research and development as if affects the economical and taken by a command to protect itself against
military potential of nation. espionage, enemy operation, sabotage, subversion
or surprise.
Kinds of Intelligence 2. Port Frontier and Travel Security – to control all
Strategic Intelligence – an intelligence data that are not of point of entry and departure.
an immediate value. But rather in a long range of its nature 3. CIVIL Security – this refers to the protection of
it may became relevant in Police Operation. people within the residing area under military or
Line Intelligence – Immediate in its nature. It is the kind of police control.
intelligence required by the commander to provide for 4. Censorship – is the control, examination and
planning and conduct tactical and administrative operation analysis of individuals, the armed forces, field
in Counter Insurgency. press, and POW’s.
5. Special Operation – counter subversion, sabotage
Intelligence information to be determined in line and espionage.
Intelligence is the word PWET;
 P – people, refers to the living condition of the Combat Intelligence – is that intelligence required by a
people. commander to provide a basis for the planning and conduct
 W- weather, refers to the visibility/cloudy. of tactical operations.
 E – enemy – refers to the location and strength of Intelligence service – is an agency that chiefly gathers and
the enemy. evaluate information for a countrys political and military
 T – terrain, refers to the surface of the land and of leaders
the target area.
Two kinds of intelligence service;
Five Military aspect of terrain 1. Foreign Intelligence service – which gather
1. Covert and concealment. information about foreign countries and its
2. Obstacle. institutions, analyzes such information or both. It
3. Critical key terrain features. can conduct in covert operation.
4. Observation . 2. Internal security service – seek to neutralize
5. Avenue of approach. hostile intelligence services operating within the
country and focus also on the detection of
Counter Intelligence(CI) – this kind of intelligence covers terrorist/criminal groups.
the activity devoted in destroying the effectiveness of
Operational intelligence – Operational intelligence is 9. Operation or engagement – this refers to the actual
focused on support to an expeditionary force commander operation against the enemy.
and will be attached to the formation headquarters. 10. Debriefing – this refers to the information concerned on
the past operation, it tells the strength and weakness of the
Major Intelligence Services in the Philippines; conducted operation.
1. NICA – National Intelligence Coordinating Agency,
is the primary intelligence gathering and analysis
arm of the Philippine government, in charge of Order of the battle intelligence;
carrying out overt.  is defined as the manner in which armed forces are
2. NBI - National Bureau of Investigation, is an agency organized, disposed, maneuver and supplied.
of Politics of the Philippines under the Department
of Justice (Philippines), responsible for handling Order of the battle intelligence consist of accepted data
and solving major high profile cases that are in the regarding the following information on enemy forces;
interest of the nation. 1. Composition – the factor of composition includes
3. Intelligence Services, Armed forces of the the identification or organization of units
Philippines 2. Disposition – consist of the location of the enemy
units
CHAPTER 7 3. Deployment – this refers to the predetermine
THE OPERATIONAL CYCLE deployment of enemy unit. Thus, the knowledge
of how enemy units are echeloned initiates which
The Operational Cycle – is a chronological development of unit may be used in the initial attack.
intelligence activities from basic requirements to final 4. Movement – this refers to the movement or
product and its report/result. tactics of the enemy unit.
5. Strength – the factor of strength is concerned with
Principles of Intelligence Activities; the total number of personnel, type units and
1. Intelligence activities must be done by dedicated supporting weapons in a given enemy force.
personnel 6. Tactics – this refers to the conduct of operation by
2. When the task cannot be obtain by other means. the enemy.
3. Risk must be justified by expected results. 7. Training – this refers to enhance the capabilities of
4. Collection effort cannot be undertaken without each personnel most specially in battle field.
operational information. 8. Logistics – this factors refers to the factor closely
related to combat efficiency and the ultimate
Basic Elements of Operational Cycle; determination of capabilities.
1. Target or mission – refers to the subject of 9. Combat efficiency – is a term use to describe the
operation. effectiveness and fighting quality of the enemy
2. Agent/s – this refers to the man on action who will unit.
used or gather information 10. Miscellaneous data – this includes in knowing
3. Support Facilities and function – this refers to the more with regards to the enemy for effective
gadgets or equipment used to accomplish its combat operation.
mission.
Order of battle intelligence is mandatory for commanders
Steps in Operational Cycle; and staff at all levels in the preparation of accurate
1. Mission – this refers to the classified targets and its estimates of the situations and effective plans of actions.
operational condition.
2. Operational Planning – this refers to the formulation of Phases of the Intelligence Cycle
course of action in order to give specific task to each Phase I – Direction the Collection Efforts/Planning Phase –
operating personnel. this refers to the determination of Intelligence
3. Spotting – this refers to the process of locating, requirements; the EEI, means Essential Elements of
identifying and gathering data on person who appear to be Information now became PIR, means Priority Intelligence
of potential value or called the target. Requirements.
4. Investigating – this refers to the gathering of pertinent Phase II – Collection of Information – this may be Overt or
facts as to the status of the target. This will done discreetly. Covert method of collecting information.
5. Recruiting – this refers to the selection among the
expertise of the team in relation to the target. Information is the knowledge or facts which the
6. Training – this is a must in order to enhance and to investigator had gathered or acquired from persons or
provided both general and special knowledge and skills documents, which are pertinent or that has relevant
which the agent must possess. concerning the subject.
7. Briefing – Consist of providing the agent with the most Psychologist estimate that approximately 85% of our
recent developments that may affect the operation, a knowledge is gathered through sight, 13% from sense of
general review of operation and detailed instruction. hearing and only 2% through the three other senses.
8. Operational testing – this is called Dry run Operation,
this refers to the operation learned which put on practice Psychological processes of accurate observation;
for effective actual operation.
 1. Attention – consist of the psychological process 4. To assist various individuals
involve in becoming aware of an existence of facts.
2. Perception – involve in the understanding fact of Phase III – Processing
awareness. Priority Intelligence Requirements (PIRs) – this refers to
3. Report – involved in identifying what has been the highest intelligence requirements and are the bases for
perceive, narrated, and identified. intelligence operation. These are personally approved by
the police executive.
What is Elicitation?
 this refers to the process of extracting information Steps in processing RAW Information
from a person believe to be in possession of vital Collation – organize raw data/information into usable form
information without subjects knowledge. or grouping them into similar items.
Recording – this refers to the reduction of information into
Two devises in the conduct of elicitation; writing.
1. Approach – this refers to the process of setting Evaluation – this refers to the examination of information
people to start talking. to determine intelligence value. This determine the
Types of Approach; following;
a. Flattery – people are susceptible to praise so a. Pertinence – does it hold some value?
use this weakness as a way of approaching the b. Reliability – judging the source of information.
subject for elicitation; c. Credibility – the truth of information.
1. Teacher pupil approach – the subject is
treated then solicit his view point and EVALUATION GUIDE; this refers to the Acronym CUFNUR -
opinion on a subject matter. CPPDIT , that usually come out in the Criminology Board
2. Kindred soul approach – this refers to a Examination;
technique by showing concern to the
subject in order to gain information. Evaluation of Reliability of Items;
3. Good samaritan approach – is the sincere Evaluation of Accuracy of Information
and valid offer of help including assistance
to the subject. A – Completely Reliable A-1 1 – Confirmed by other
4. Partial dis agreement approach – this sources
refers to the technique wherein the agent B – Usually Reliable B-2 2 – Probably true
and subject had something partial C – Fairly Reliable C-3 3 – Possibly True
disagreement. D – Not Usually Reliable D-4 4 – Doubtfully True
E – Unreliable E-5 5 – Improbable
b. Provocative Approach F – Reliability Cannot be Judge F-6 6 – Truth
a. Teaser bait approach – the elicitor Cannot be Judge
accumulates the source of knowledge about a
particular subject to tempt the subject to give Evaluation of Accuracy of Items;
his views of knowledge T – Direct observation by commander.
b. Manhattan from Missouri Approach – the U – Report by DPA or Resident agent.
elicitor adopts an unbelievable attitude, he V – Report by PNP/AFP.
questioned all statements and opposition. W – Interrogation of captured enemy.
c. Joe blow Approach – the elicitor adopts the X – Observation of Government/Private employee.
attitude of being apparoachable. Y – Member of the populace.
d. National pride approach – this is when the Z – Documentary.
elicitor become patriotic in all aspect of
elicitation. Interpretation defined
2. Probe  This refers to the establishing the meaning and
a. Competition probe – this is effective when significance of the information.
used in connection with the teacher pupil Analysis – shifting and isolating those elements which have
approach significance in light of mission or objectives.
b. Clarity probe – used to elicit additional Integration – combining the elements isolated in the
information in an area which the response is analysis and known information to form a logical picture or
unclear. theory.
c. High preassure probe – it serves to point out Deduction – formulation of a conclusion from the theory
contradiction in what the subject had said. developed, determination of effect and meaning of the
d. Hypothetical probe – present a hypothetical information.
situation and let the subject react to that
situation. Who are the users of Intelligence;
1. National leaders, PNP/Military commander for the
Purpose of Elicitation; formulation and implementation of policies.
1. To acquire information through other channel 2. Advisors and staff for preparation of plans and
2. To obtain information that is unpublicly known estimates.
3. To provide source of information
 3. Friendly nations or other branches of the
government. What is mean by Classified Matters?
4. Processor for basis of evaluation and  This includes all information concerning
interpretation. documents, cryptographic devices, projects or
materials falling under Top Secret, Secret,
Area of Operation (AOR) – description of the actual or Confidential and Restricted.
potential area of operation weather or terrain) and its
effect on the contending force. Four Categories of Classified Matters;
1. Top Secret – these are information and materials,
Phase IV – Dissemination and Use – this refers to the the unauthorized disclosure of which would cause
information that are disseminated to the exceptionally grave damage to the nation. This
organization/personnel who need it. category is reserved for the nations closest secret
and is to be used for great reserve.
Methods of Dissemination; Example;
A. Personal Contact – this can be done formal or A. Very important political document
informal in order to feel the interest and needs of dealing with negotiations for major
the user. alliances.
B. Messages – this is through telephone, radio or cell B. Major government project, such as
phone proposal to make adjustment to the
C. Formal intelligence documents – permit the nation’s economy.
presentation of intelligence in comprehensive C. Matters relating to scientific
form. developments in methods of Nations
Other Methods of Dissemination; defense.
1. Fragmentary orders from top to bottom of the D. Military advantage over other
command. nations, and others.
2. Memorandum, special order.
3. Conference. 2. Secret – Information and material, the
4. Reports. unauthorized disclosure of which would endanger
5. Verbal/personal contact. national security, cause serious injury to the
interest of the nations or any governmental
Five different collection agencies of intelligence activity or would be of great advantage to the
foreign nation.
HUMINT – (Human Intelligence), defined as "a category of A Secret grading is justified if;
intelligence derived from information collected and A. It materially influence the major aspect of
provided by human sources military tactics.
IMINT – (Imagery Intelligence), interpretation of B. Result in revolutionary manner if it divulge the
photographs from aerial units or satellite. said information.
Aerial photography is the taking of photographs of the C. Knowing or revealing weapons or secret
ground from an elevated position. weapon.
D. Endanger intel. Relation from other nation.
MASINT – (Measurement and Signature Intelligence), E. War plans for future operation.
usually consist of acoustic intelligence; radar intelligence, F. Order of battle info.
nuclear radiation detection. 3. Confidential Matter – Information and material
OSINT – (Open Source Intelligence) is a form of Intelligence the unauthorized disclosure of which would cause
collection management that involves finding, selecting, and administrative embarrassment or unwanted injury
acquiring information from publicly available sources and to an individual and would take advantage to other
analyzing it to produce actionable information gathering. nation.
4. Restricted – refers to information and material
SIGINT – (Signals Intelligence), which refers to the that requires special protection other than that
communication signals. determine to be Top Secret, Secret, Confidential.

Intelligence files; What is mean by Cryptographic Security?

1. Journal file – this refers to the file contains a copy  Is that component of communication security
of each message or document noted in the journal. which results from the provision of technically
This is permanent and official record. sound crypto – system and their proper use.
2. Information or reference file – all information Cryptography – is the art and science of preparing coded or
should be filed for future reference. protected communication intended to be intelligible only to
3. Order of battle and wanted list files – the person possessing a key.
Order of battle is the identification,  This comes from the Greek word Kryptos that
strenght, command structure and means secret. And Graphos that means Writing.
disposition of personnel.
Wanted list file is the consolidated list of Important Terminology in Cryptography;
persons with warrant of arrest.
 1. Plaintext – refers to original communication that is
scrambled. FIXED AND MOVING SURVEILLANCE
2. Cryptogram – the product of enciphering process Fixed surveillance is performed usually when surveillance is
that usually involves an algorithm and a key. directed to a particular building or premise. The surveillant
3. Encryption Algorithm – is a particular method of is immovable in place while observing the subject.
scrambling a computer program or a written set of Stakeout – Also called fixed surveillance. is a form of closed
instruction. surveillance of a particular place where criminal expected
4. Cryptanalysis – refers to the Arts of analyzing to appear.
ciphertext to extract a plaintext or the key. Moving Surveillance is performed by surveillant by foot or
with the use of transportation vehicles in observing the
CHAPTER 8 subject.
SURVEILLANCE, INFORMANT AND INFORMER
Procedures in fixed surveillance
SURVEILLANCE is defined as the discreet observation of  Using a room in a nearby house or building = Using
persons, places and vehicles for the purpose of obtaining cameras with telephoto lens and powerful
information concerning the identities or activities of binoculars in order to get pictures of subject,
criminals. visitors and activities.
SURVEILLANT is the person who conducts the surveillance  The use of devices to record the illegal activities of
or performs the observations. the subjects.
SUBJECT refers to a person or a group of persons, place  Other surveillants may remain outdoor, posing as
that is being observed by a surveillant. carpenters, plumbers, or other means of
Objectives of Surveillance: communication will coordinate their activities with
a) To detect criminal activities. those surveillants inside their observation room.
b) To discover the identity of persons who frequent
the establishment and determine their
relationship. SHADOWING AND TAILING
c) To discern the habits of a person who lives in or  “SHADOWING” OR “TAILING” refers to the act of
frequents the place. the surveillant of following his subject to detect
d) To obtain evidence of a crime or to prevent the criminal activities, to establish the association of
commission of a crime. subject, to find a wanted person and many other
purposes.
Practical consideration for the conduct of surveillance;  Shadow means to fallow secretly, while Tailgaiting
1. Tactics – this refers to the strategic consideration is a form of open surveillance in which the
govern the use of surveillance in particular cases, subject’s vehicle is closely followed.
and it determine the tactical execution.
2. Planning – should be concise and it should be in “ROPING” is a kind of undercover work wherein surveillant
relation to operation activities. assumes different roles and identity inorder to obtain
3. Preparation – it is important to develop a plan of information.
action for handling difficulties in the conduct of
operation. Thus, include the following; Objectives of Shadowing & Tailing;
a. Familiarization – it is crucial that the a) To detect evidence of criminal activities.
surveillant be certain of the identity of the b) To establish the association of a suspect.
subject. c) To find a wanted person.
b. Equipment – all equipment needed d) To protect a witness
should be in serviceable.
There are three (3) types of shadowing employed,
4. Discontinuing the surveillance – this is only done depending upon the objective of the surveillance:
when the subject directly or indirectly suspected a) ‘’Loose Tail’’ is employed when a general
that he is under surveillance. impression of the subject’s habits and
1. Note. – The investigator must maintain a note associates is required.
or log contain-ing a chronological record of b) ‘’Rough Shadowing’’ without special
the activities of both the investigator and the precautions may be used when the
subject. The log can be used either in the criminal must be shadowed and he is
interrogation of the suspect or for purposes of aware of this fact; or where the subject is
cross-examination during trial. a material witness and must be protected
from harm or other undersirable
COVERT AND OVERT SURVEILLANCE influences.
 COVERT SURVEILLANCE is the type of surveillance, c) ‘’Close Tail’’ surveillance is one in which
which is conducted to subject, who are unaware extreme precautions are taken against
that they are under surveillance. losing the subject.
 OVERT SURVEILLANCE is a surveillance conducted
to subject who is aware that he is under
observation.
Tactics. – The subject should be kept unaware that he is subject, place visited, girl friends and
being shadowed. The investigator should be inconspicuous. confidants. In case the subject will use the
telephone booth, the shadower must
Types of Surveillance; feign a call at the available booth.
1. Stationary/Fixed Surveillance – this refers to a 2. TWO-MAN SHADOW
fixed position in observing a place or person.  This is easier for the surveillants to fully
2. Mobile surveillance – this refers to actually follow cover the subject. The method allows the
the subjects on foot or vehicles. This may be done exchange of the positions of the
close or loose. shadowersinorder to avoid discovery.
Close surveillance – the subject is kept 3. THREE-MAN SHADOWER OR ABC TECHNIQUE OF
under observation at all times. SHADOWING
Loose surveillance – the subject is watch  The three shadowers are represented as
part of the time or his activities are spot A, B and C.
checked.
3. Tailing or shadowing – it is the act of following a QUALITIES OF A GOOD UNDERCOVER AGENT
person or persons.  TEMPERAMENT – a calm, enduring and affable
Methods of Tailing; personality. Self-control and self-confidence are a
a. One man Method – refers to a difficult to do few of his qualities,
because subject can be lost.  PHOTOGRAPHIC MEMORY – he must have a
b. Leapfrog Method – only one member of the photographic memory because most often, he
team maintain contact with the subject. It is could not use written notes about his activities and
close tail with the other member of the squad observations. He must also possess keen power of
keeping contact with those immediately observation and sound judgment.
ahead of them.
c. Group method – this methods refers to SPECIFIC TYPES OF UNDERCOVER ASSINGMENT
several men assigned as Group Tail. 1. WORK ASSIGNMENT – If the agent is to be
employed as janitor, he must know his work and as
4. Undercover investigation or sometimes called such he should appear as such, focusing his
“roping” – it is police operations wherein the mentality and habit to work assignment.
investigator assumes a fictitious identity in order background will appear to that of a janitor.
to infiltrate the ranks of the criminals 2. SOCIAL ASSIGNMENT – These are places of
 Roping – refers to the surveillance of amusements, such as bars, nightclubs and other
other things such as events, or activities. places of entertainment where is subject
5. Clandestine Activities – this refers to the frequents. He must know how to drink socially
concealment of intelligence activities under false without getting drunk.
identity. 3. SUBVERSIVE ORGANIZATIONS – He must know
6. Undercover Assignment – an investigative the ideologies of the organizations in order that he
technique in which the investigator conceal its true could suit his philosophies and actions while inside
nature or activity. the said organization.
4. RESIDENTIAL ASSIGNMENT – This concerns the
Types of undercover assignment; neighborhood of the suspect where he will fit
a. Dwelling – is one which the undercover agent himself as a new resident without generating
establishes residence in or near the dwelling which suspicion. His purposes are to be friend those who
houses the subject. could give information and possibly getting closer
b. Work assignment – places the under cover agent to the subject.
in a type of employment where he can observe the 5. THE FICTITIOUS PERSONALITY – The preparation
activities of the subjects. should include the fictitious background of the
c. Social assignment – requires the under cover undercover agent. He must discard all papers and
agent frequent places of entertainment and affects such as identification cards, etc. and a new
amusement known to be habitualy visited by the set be issued to him. The agent memorized all the
target. details of his fictitious background.
d. Multiple Assignment – the under cover agent
assigned in two or more as stated above Convoy – this refers to a countermeasure to detect whether
assignment. or not a subject is under surveillance.
e. Personal contact assignment – also term as rope Casing or reconnaissance – it is the visual inspection of the
job. Agent is required to develop friendship and area, installation or building to determine its suitability for
trust with the tARGET. operational activity.

THE METHODS OF FOOT SURVEILLANCE Information desired in casing;

1. ONE MAN SHADOW 1. Area condition and habit – this refers to the
 It is conducted by one man alone in description of the locality as whether the placeis a
shadowing a subject. The surveillant residential, commercial, highly urbanized or rural.
should establish the contacts of the
 It includes also living condition, population and 5. Anonymous Informant – they give information
whether condition. through telephone or cell phone for them not to
2. Active Opposition – the task is to prevent identify.
intelligence activity includes not only the enemy 6. Incidental Informant – a person impart
but also the effort of neutral or allied countries to information without intention of providing it.
discover and observe our intelligence activities. 7. Recruited Informant – refers to a person selected
3. Disposal plan – this refers to the disposal of or cultivated into a continuous source of
information to attain goals and objectives. information.
4. Escape and evasion – this refers to the exit
planning incase of compromise or emergencies. MOTIVES OF INFORMANTS
a. Vanity – The motive is for self-
Cover story – the logical fabrication use by individual to aggrandizement by gaining favorable
hide his identity, background and activities. attention and importance by police.
Cover identity/personality – the process or procedure by b. Civic Mindedness – Those imbued with
which an individual conceals his true identity and activities. the sense of duty and obligation to assist
the police in their task.
Types of cover; c. Fear – It is the engendered illusion of
1. Natural cover – using true or actual personal oppression from enemies or from
background to fit the purpose. impending dangers.
2. Artificial cover – a cover using biographical data d. Repentance – Those lesser criminals such
adopted for a fictitious purpose. as accomplices or accessories who will
3. Cover within the cover – use of secondary cover in have a change in heart to unburden their
case of compromise which necessitate the conscience.
admission of a lesser crime.
4. Multiple cover – this refers to any tactic to cover THE INFORMER
himself.  Refers to a person who give information
in consideration of reward.
Importance of cover;
1. Secrecy of operation against enemy intelligence Policies in the use of Informants and Informer;
2. Secrecy of operation against unfriendly/enemy 1. Provide protection, do not let him down.
3. For the succesful accomplishment of the mission 2. Keep record, keep a safe file on each.
3. Remuneration, give what is due to him.
‘’Roping’’ or Undercover Work – It is a form of 4. Maintain regular contact.
investigation in which the investigator assumes a different  
and unofficial identity (a cover story) in order to obtain CRITICAL AREAS IN THE DEPLOYMENT OF INFORMERS
information. a. Within the ranks of criminals and criminal
syndicates
Arrest of Undercover Agent. – If an investigator is arrested b. Associates and friends of criminals
by police, he must act in accordance with his orders. If he c. Places of hang-outs of criminals such as night
has not received orders regarding the disclosure of his clubs, bars, hotels, billiard halls and other places
identity in case of arrest by other law enforcement officers, d. Slums and residential places where criminals have
he must act according to his judgment their contacts.
e. Detention Centers such as local jails and the
THE INFORMANT National Bureau of Prisons. In many instances,
 Informant refers to a person who give crimes were solved by planting moles among
information voluntary without any detention prisoners in the holding centers of
consideration or reward. It is also defined investigative units and in the local jails and also in
one who relays confidential information the National Bureau of Prisons, thru the
to someone, especially to the police agreement with prison authorities.
f. Places where criminals dispose their illegal
Types of Informant; products
1. Criminal Informant – who give information to the
police pertaining to the organized crime or General rules to follow in handling informer;
underworld crimes. 1. Treat fairly – regardless of character, occupation
2. Confidential Informant – similar to the criminal or education.
informant but give information against the law 2. Run the show – do not allow informant/er to take
informing crimes and criminals over the investigation.
3. Voluntary Informant – who give information freely 3. Be scrupulously exact – this is by given promise of
and willfully as a witness to a certain acts. They are exact rewards.
considered as the best witness. 4. Keep your promise – not only for finance but also
4. Special Informant – who gives information on for protection or any promise that might give.
specialized cases, ex; teacher, clerk or those who
are in a profession.
5. Do not adopt informant standard – be yourself,
always changing decision will result to the lost of
trust and confident of your informant/er
6. Avoid using informant in court – the success of
investigation lies to the investigator himself.
7. Use of derogatory words – this should be avoided.
8. Conceal informant identity – this is a must.
9. Accept all information – all information should be
considered.
10. Maintain fairness