INVESTIGATIVE POLICE POWER

The Philippine National Police (PNP) as the primary police force in the country are vested with the
power to effect investigation of cases as a result of crime commission. Police power is necessary as it
is one of the regulatory means of the government to control, maintain, and ensure that the conduct of its
people is within is within the bounds of the law.
Investigative police power – is defined as the capacity of the police to initiate investigation of cases
which violated the law.
It is a mandatory obligation of the police to conduct an investigation as it is one of their primary
functions. While the state provides the police with the power to conduct investigation of cases;
however, this also constraints their capability and lengthen the time to finish investigating certain case
as the state also recognizes and protects the fundamental rights of every person. Subjected to
investigation and maintain the principle of presumption of innocence.
Presumption of Innocence is based on the principle that every person subjected to a criminal case is
deemed considered innocent unless proven to be guilty beyond reasonable doubt.
Beyond reasonable doubt is a principle which states that a person is guilty based on moral certainty.
Moral certainty in a sense that a person is proven guilty based on how the court appreciated the
evidence presented during trial which produces a conviction.
Conviction on the other hand is a judgement rendered by the trail court that the accused person is
guilty of the crime charge against him.
As the law provides the objective of criminal investigation, it is also the one that dictates and control
their conduct. Objective as used in this text refers to the direction and end-purpose of criminal
investigation needed to solve the case.
Substantive and Procedural Criminal Investigation
Substantive Criminal Investigation refers to the knowledge, nature and implication of the different
crimes that investigator should know and possess. It must be noted that the elements of every crime
should be considered as they will give guide to investigators regarding the proper charge that should be
brought before the prosecution office.
Procedural Criminal Investigation – refers to the knowledge regarding the rules on how pieces of
physical evidence should be processed in order to maintain its integrity during the presentation and be
given credit by the trial court. Take note physical evidence refers to any material or substance which is
found in the crime scene and has a logical connection to the offense charged and which aids the
investigator in solving the case.
Crime Scene – is simply the area where the crime took place and where all pieces of physical evidence
were gathered and collected.
INTERVIEW AND INTERROGATION
INTRODUCTION:
Interview and verbal interrogation are one and the same creatures in interrogation. Both are oral
medium and, therefore, unwritten. Both are preliminary inquiries that may ripen to written
interrogation. Both have common thrust and purpose, “to determine whether the witness is credible
or incompetent, or whether one is purveyor of truth or peddler of lies. In essence, it serves as filtering
phase to separate the gold from the baser metal. Now it can be said with certitude that the word
interview is a misnomer.
Written interrogation is but salutary effect of verbal interrogation. It would be a fatal error to make a
written interrogation without preliminary verbal interrogation. For verbal interrogation, as a tool of the
investigator, is merely laying the predicate before written interrogation. These two are integral parts of
what is commonly denominated as interrogation.
INTERVIEW
Interview – it a simple inquiry/conversation-type elicitation of information from a willing
victim(s)/witness (es) relevant to a certain crime/incident/event under investigation.
Probably the most demanding and least mechanical phase of investigative work is the interview and
interrogation. It is also one of the most critical, for the most effectiveness of an investigator is largely
proportional to the skills in eliciting information from the witnesses, informants, complainants and
suspects.
Although, circumstantial, physical evidence alone may be sufficient to convict the accused, more often
the testimony of witnesses is required. If the investigator cannot get all the material facts from these
persons at the outset of the investigation, it can mean the difference between solution and frustration.
And if he can persuade the suspect to admit his culpability and then plead guilty, considerable time and
expenses are saved.
PRACTICAL TECHNIQUES IN CONDUCTING INTERVIEW AS PART OF CRIME
INVESTIGATION.
1) An INTERVIEW is the questioning of a person believed to possess knowledge that is of official
interest to the public safety investigator.
2) It is being important as the person being interviewed usually give his ACCOUNT of an incident
under investigation or offers information concerning person being investigated in his own words,
manner and volition.
3) The BASIC ASSUMPTION is nobody has to talk to him if he does not want to. Therefore, the
person being interviewed will have to be persuaded always within the purview of legal and ethical
limits, to talk to said public safety officers.
4) This makes INTERVIEW as an art. You have our own style of interviewing a person. However,
you must consider the following;
> ability to narrate;
> His mental weakness because of stupidity or infancy or other related factors;
> His moral weakness because of drunkenness (drug addiction, his being pathological liar or similar
factors); and
> Emotional weakness springing from such sources as family problems, hatred, shock, revenge, and
even love or sympathy.
THE GOLDEN RULE OF INTEREVIEW
“Never conduct or let anyone an interview if the interviewer has not gone to the crime scene. The
questioning should be in agreement with the facts and conditions at the crime scene. The questioning
will lead wayward for the interviewer who had not seen personally he crime seen and he will not be in
a position to distinguish half-truths, exaggerations or falsehood from the answers of the person being
interviewed”.
INTERVIEW FORMAT
The interview of a witness can be described by the acronym “IRONIC” – which stands for
‘IDENTITY, RAPPORT, OPENING STATEMENT, NARRATION, INQUIRY AND
CONCLUSION”.
“IDENTITY: Prior to commencing interview, the investigator should identify himself to the witness
by name, rank and agency. The investigator’s official authority to make the authority is thereby
established and witness cooperation is probably increased – since most of the persons’ respond
positively to figures of authority. The witness also obtains names of a person to contact in the future, if
necessary.
RAPPORT. Upon making contact with the witness, the investigator must seek to establish rapport
with him - since a good interpersonal relationship maximize the ability to extract information. The
affinity may be established by presenting a good appearance, to be a cordial and understanding attitude
and by otherwise allying the witness fears. In some case, small talk may be necessary in order to calm
the witness.
A good rapport is important when dealing with persons who are contacted on regular basis - such as
license clerks, court personnel, telephone company employees or law enforcement personnel.
The salesmanship of the investigator is crucial to a good witness-investigator relationship. Reluctance
and even hostilities can be overcome if the officer establishes a food relationship with the witness.
OPENING STATEMENT. At some in interview, the investigator will need to indicate why witness is
being contacted. But in some situations, the reasons for inquiry will be obvious – as where the victim
teller in a bank robbery is interviewed. However, the witness should be told no more about the reason
for contact than fairness requires.
NARRATION. As a rule, the investigator should allow the witness to present whatever information he
possess as a narrative in his own words. The officer should refrain from injecting questions or
comments until the witness has finished his history. Interruptions should be made only to keep the
witness on tract and eliminate non-pertinent information.
INQUIRY. Once the witness has told the his initial story, the investigator may then ask specific
questions to fill in omitted acts, clarify ambiguous statements, verify names, dates and other details and
insure that all pertinent information has been extracted.
Just as entries in a notepad, it should contain WHO, WHAT, WHEN, WHERE, WHY AND HOW of
various topics, the interviewing officer should be sure that the same “5Ws and 1H” are covered with
respect to information which the witness may have.
In accomplishing this task, the investigating officer should avoid leading and misleading or suggestive
questions. Specific inquiries generally should require elaboration on a point rather than a mere “YES”
or “NO” response.
CONCLUSION. The interview should be concluded when it becomes apparent that the witness has
nothing pertinent left to offer. At that time, the officer should orally summarize the witness statement.
This gives the witness an opportunity to correct erroneous information and add other facts which he
then recall. At this stage, the investigator should also insure that he has the correct name and address of
the witness in the event that further contact is needed. Finally, the witness should be thanked for his
aid.
General kinds of Interview
1. Cognitive Interview – this is conducted to a willing and cooperative witnesses, where they are given
the full opportunity to narrate their accounts without intervention, interruption and interference from
the interviewer. After the subject finished his/her narration, the investigator now subjects him/her to the
style or direct examination and cross- examination, to clarify the unexplained portions to arrive at a
vivid and complete picture of the testimony.
2. Question and Answer - The interview as practiced by some investigators required the interviewee
to answer the questions posed by the investigator. The interviewee is required to answer on what he
he/she knows about what is being asked. In the case of subjects low intelligence, the use of leading
question greatly helps the investigator to obtain the full\ and desired information (Garcia, 2004).
Qualities of a good interviewer:
1. Rapport – it refers to the good relation between the interviewer and the interviewee, which is
conducive to a fruitful result. It is winning the confidence of a person being interviewed in order that he
will tell all the information in his/her possession. The interviewer must be in a respectable civilian
attire because, most often and the majority of people, the police uniforms is barrier in establishing good
rapport. To many, the uniform is intimidating.
2. Forceful personality - The appearance of the interviewer and the other qualities such as skills of
communication techniques or the force of language are the mainstays of the strength of his character.
He/she must be understanding, sympathetic and without showing official arrogance, vulgarity of
expressions and air superiority.
3. Knowledge on psychology and psychiatry- this will help the interviewer determine the personality
and intelligence of the subject; he/she must go down and up to the level of understanding of his/her
particular subject.
4. Conversational tone of voice. - Investigator’s tone of voice must be conversational, not
confrontational as in interrogation. It means that the interviewer must know how to appropriately use
his/her voice normally, without unusual loudness that may affect the interview process.
5. Acting qualities – He/she must possess the qualities of an actor, salesman and psychologist and
know how to use the power of persuasion. This is done to convince the person to disclose what he/she
knowns about the issue being investigated.
6. Humility – He/she must be courteous,, sympathetic and humble, ready to ask apologies for the
inconvenience of the interview. This is usually done at the end of interview that may given a good
impression to the person being interviewed.
Phases of Interview:
1. Preparation – investigator must review the facts at the crime scene and information from other
sources in order that he/she would be ready for the questioning.
2. Approach – This is done through investigator’s careful selection of the kind of approach to use,
which maybe a single kind, a combination of two or the application of all techniques.
3.Warming up – This is done by preliminary or exploratory questions to clear the atmosphere or
promote a conducive place for cordiality, respect and trust for each other.
4.Cognitive interview – This is performed by allowing or already asking the subject to narrate his/her
account without interruption, intervention or interference. It is only after the completion of the
uninterrupted narration that the investigator begins the direct and cross examination.
Rules in Questioning:
1. One Question at a time.
2. Avoid implied answer. The answer must be oral, clear, explicit and responsive to the question.
3. Simplicity of question. A short simple question at a time is required.
4. Saving face. Embarrassing questions on the subject on matters of exaggeration or honest errors
about time. Distance and description can be avoided if the investigator will cooperate with the subject
“to save his face”. The investigator should not fault or ridicule the subject on these matters.
5. Yes and no answer – Do not ask questions which could be answered by yes or no only. It will
curtail the complete flow of information and will lead to inaccuracy.
INTERROGATION
Interrogation – is the vigorous and confrontational questioning of a reluctant suspect about his/her
participation in the commission of crime. It is confrontational in the sense that the investigator places
the guilt on the suspect. This process can also be applied to an uncooperative and recalcitrant
suspect/witness.
Interrogation is one of the most difficult but most interesting phases of criminal investigation and
detection. It is the challenging battle of wit between the investigator and the suspect. It is a mental
combat where the weapon is intelligence and the use of the art.Victory depends upon proper and
effective use of art.

Witnesses or victims are interviewed, while suspects are interrogated.

PURPOSE OF INTERROGATION
1. To obtain information concerning the innocence or guilt of a suspect;
2. To obtain confession to the crime from the guilty suspect;
3. To induce/encourage the suspect to make admission;
4. To know the surroundings and circumstances of a crime;
5. To learn of the existence and location of physical evidence, such as documents or weapons;
6. To learn and know the identity of accomplices and accessories;
7. To develop information which will lead to the fruits of the crime;
8. To develop additional leads for the investigation; and
9. To discover the details of any other crime in which the suspect participated in the past.
THE GOLDEN RULE OF INTERROGATION:
“Make him admit something, no matter how small or trivial. Usually the first admission will lead to
another. In securing the first admission is the biggest stumbling block in dealing with tough suspects”.
LEGAL REQUIREMENTS FOR INTERROGATION:
1. Voluntariness. Unlike in interview of a witness, the statement of a person being interrogated must
have been made voluntarily and must not be the product of threat, fear, fraud, coercion and other
improper tactics;
2. This rule applies to using the statements against the party and trial (confession) and to using the
statement as basis for discovering other evidence (affidavit for a search warrant).
3. The voluntariness requirement stems from the 1987 Constitution (Art. III, Section 12 (1) Miranda
Warning).]
4. Jurisprudence dictates the correct procedure to be followed by the police investigators in making
arrest and conducting custodial investigation. At the time a person is arrested, it shall be the duty of the
arresting officer to;’
> Identify himself
> Inform him of the reason for the arrest and he must be shown the warrant of arrest, if any; and
> He shall be informed of his Constitutional rights.
FUNDAMENTAL CLASSIFICATION OF CASES
Cases in crime investigation are fundamentally classified into “HOT” and “COLD”. The distinction is
important in interviewing witnesses and interrogating suspects.
1) A “HOT CASE” - is one where the violation of law or regulation has just been unearthed or
discovered and the suspects and the witnesses to the case are still emotionally affected, upset or
involved.
2. A “COLD CASE” - is a dormant case where the witnesses and the suspects have had the luxury or
ample time to mull over the ramification of the case and to put up their respective alibi or defenses or
other forms of subjective impression of the case. It is useful to bear this distinction in mind so that in
“Hot Case”, an investigator should lose no time in taking the statement.
ATTITUDE AND CONDUCT OF THE INTERROGATOR
1. Avoid creating impression that you are an investigator seeking a confession or conviction. It is better
to appear in the role of one who is merely seeking the truth;
2. Keep pencil and paper out of sight during the interrogation. It is better therefore to avoid notetaking
or at least postpone it until the later stage of interrogation. However, if the subject mention the names
or address that the investigator wants to be sure to remember, he can take a pencil and paper out to note
the information, and
3. Such realistic words or expressions as “embezzle” and “confess your crime” should not be used by
the investigator. It is much more desirable from psychological standpoint to employ milder terminology
like “take” and “tell the truth”.
PRIVACY:
The principal psychological factor contributing to a successful interrogation is PRIVACY – being
alone with the person under interrogation. This we all seem to instinctively realize in his own private or
social affair but interrogation I isa generally overlooked or ignored. Interrogator generally seem to lose
sight of the fact that a suspect or witness is much more apt to reveal his secrets in the privacy of a room
only by himself and the interrogator than in the presence of other persons.
SAFEGUARD WHEN QUESTIONING A WOMAN
When a woman or a young girl is being interviewed, it is wise to have a third person, preferably
another woman present. Such third person does not enter into the interview but is merely present as an
observer to preclude any unjust accusation against the interrogator.
SAFEGUARD WHEN QUESTIONING A HOSTILE WITNESS
A hostile witness or suspect should not be questioned in his own home or in surroundings familiar to
him where he feel secure and is more apt to take a defiant attitude. There is also a possibility recording
devices maybe hidden on these premises.
GENERAL SUGGESTIONS REGARDING THE INTERROGATION OF
CRIMINAL/SUSPECT.

1) Interview the victim, the accuser, of the discoverer of the crime before interrogating the suspect.
2) Be patient and persistent. Never conclude an interrogation at a time when you feel discouraged and
ready to give up; continue for a little while longer.
3) Make no promise when asked “What will happen to me if I tell you the truth”.
4) View with skepticism the so-called conscience-stricken confession.
5) When a subject has made repeated denials of guilt to previous investigators, first – question him
whenever circumstances permit about some other unrelated offense of similar nature of which he is
also considered to be guilty; and
6) An unintelligent or uneducated suspect with low cultural background should be interrogated on a
psychological level comparable to that usually employed in the questioning of a child.

Techniques of Interrogation:
1. Emotional Appeal. This is applicable to first time offenders or those who are the emotional type of
characteristics displayed by nervousness or emotional disturbances.
2. Sympathetic Approach. The investigator, in his/her preliminary or probing questions must dig deep
into the past troubles, plight and unfortunate events in the life of the suspect. An offer of help, or
kindness, friendliness, may win his cooperation.
3. Friendliness. A friendly approach coupled with a posture of sincerity may induce the suspect to
confess.
4. Trick and bluff techniques:
a. Pretense of solid evidence. The investigator bluffs the suspect that even if he/she will not confess,
there is enough evidence to send him/her to jail. If confession is made, the investigator will see to it
that his/her prison term will be within the range of probation.
b. Weakest link. Among the suspects, there must be a careful selection of who among them is the
weakest link where the interrogation will begin. By tricks and bluff, the weakest link will be told that
his/her companions had already confessed and that this weakest link had dealt the fatal blow or that he
received the lion share if the loot in order to intrigue him.
c. Drama - the weakest link maybe used to fake pain and agony by ordering him/her to shout,
accompanied by banging a chair on the wall to make it appear that a commotion is going on. The other
suspect in a separate room must hear the drama before telling them that their partner has confessed.
d. Feigning contact with family members - the suspect could be tricked that the investigator had gone
to the residence and the family members had supplied facts against the suspects. The suspect’s family
will be dragged into the investigation if the suspect will not confess.
e. Line up. The complainant witness or victim is requested to point positively to the suspect in the
police line-up. The witnesses’ victims or complainant are previously coached about the identify of the
suspect.
f. Reverse line-up. The suspect is placed among other persons in a line up and he/she identified by
several complainants and witnesses who will associate the suspect in other several crimes. This will
cause the suspect to become desperate and confess only to the case under investigation, to avoid from
being charged on false accusations.
g. Stern Approach – the investigator displays a stern personality toward towards the suspects by using
the following methods;
1. Jolting. In the questioning process, he investigator selects the right moment to shout a pertinent
question in an apparent righteous outrage. The suspect nerves will break to a confession.
2. Opportunity to Lie The suspect is given all the opportunities to lie. He/she is questioned about
his/her personal life, family, friends, and his/her knowledge about the complainant and witnesses.
Then, questioned about his/her activity prior, during and after the commission of the crime. This is
repeated many times to include the investigator focusing questions about the knowledge of the suspect
of the crime. The suspect will be enmeshed in contradiction, which is now capitalized by the
investigator to get the truth from the suspect from the suspect. If possible, the interrogation must be
taped recorded for purposes of emphasis during the confrontation of he contradiction.
5. Rationalization. Is the use of reasons which is acceptable to the subject that led to the commission
of crime. Thus, it maybe said that sometimes, killing is necessity rather than by purpose or design.
Robbery maybe necessity a feed a starving family. The application of this technique depends upon the
nature of the crime.
6. Projection. It is the process of putting the blame to other persons, not alone to the suspect. The
murderer may blame the mastermind for corrupting him/her with big sum of money or the mastermind
blaming the greediness of the victim or the husband blaming the wife for her infidelity. Or that it is a
necessary evil as the victim is planning to kill the suspect.
7. Minimization. Is the act of minimizing the culpability of the suspect. The investigator convinces the
suspect that a confession will reduce the offense and the penalty. The investigator could study it if there
is a way to downgrade murder to homicide or the introduction of mitigating circumstances with the
result of the penalty being within the range of probation.
LECTURE 4 : ARREST
I. ARREST: Rule 113, Rules of Court

Section 1. Definition of arrest. – Arrest is the taking of a person into custody in order that he may be
bound to answer for the commission of an offense.
Sec. 2. Arrest; how made. – An arrest is made by an actual restraint of a person to be arrested, or by
his submission to the custody of the person making the arrest.
No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be
subject to a greater restraint than is necessary for his detention.
Sec. 3. Duty of arresting officer. – It shall be the duty of the officer executing the warrant to arrest the
accused and deliver him to the nearest police station or jail without unnecessary delay.
Sec. 4. Execution of warrant. – The head of the office to whom the warrant of arrest was delivered for
execution shall cause the warrant to be executed within ten (10) days from its receipt. Within ten (10)
days after the expiration of the period, the officer to whom it was assigned for execution shall make a
report to the judge who issued the warrant. In case of his failure to execute the warrant, he shall state
the reason therefore.
Arrest warrant - is an order in writing issued in the name f the People of the Philippines signed by a
judge directed to a peace officer, commanding him/her to arrest the person designated and take him
into custody of the law in order that he/she may be bound to answer for the commission of an offense.
When is a warrant of arrest not necessary?
1. When the accused is already under detention pursuant to a warrant issued by the MTC judge in Rule
112, Sec. 6 (b).
2. When the complaint or information was filed pursuant to Rule 112, Sec. 7. i.e. a valid warrantless
arrest;
3. When the offense is penalized by fine only. (Rule 112 Sec. 6 (c).
4. When the accused lawfully arrested escapes or is rescued (Rule 113, Sec. 13).
Sec. 5. Arrest without warrant; when lawful. – A peace officer or a private person may, without a
warrant, arrest a person:
(a) When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;
(b) When an offense has just been committed and he has probable cause to believe based on
personal knowledge of facts or circumstances that the person to be arrested has committed it; and
(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or
place where he is serving final judgment or is temporarily confined while his case is pending, or
has escaped while being transferred from one confinement to another.
In cases falling under paragraphs (a) and (b) above, the person arrested without a warrant shall be
forthwith delivered to the nearest police station or jail and shall be proceeded against in
accordance with section 7 of Rule 112.
Except as provided in section 7 of this Rule, a preliminary investigation is required to be
conducted before the filing of a complaint or information for an offense where the penalty
prescribed by law is at least four (4) years, two (2) months and one (1) day without regard to the
fine.
Sec. 6. Time of making arrest. – An arrest may be made on any day and at any time of the day or
night.
Sec. 7. Method of arrest by officer by virtue of warrant. - When making an arrest by virtue of a
warrant, the officer shall inform the person to be arrested of the cause of the arrest and the fact that a
warrant has been issued for his arrest, except when he flees or forcibly resists before the officer has
opportunity to so inform him, or when the giving of such information will imperil the arrest. The
officer need not have the warrant in his possession at the time of the arrest but after the arrest, if the
person arrested so re quires, the warrant shall be shown to him as soon as practicable.
Sec. 8. Method of arrest by officer without warrant. – When making an arrest without a warrant, the
officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the
latter is either engaged in the commission of an offense, is pursued immediately after its commission,
has escaped, flees, or forcibly resists before the officer has opportunity to so inform him, or when the
giving of such information will imperil the arrest.
Sec. 9. Method of arrest by private person. – When making an arrest, a private person shall inform
the person to be arrested of the intention to arrest him and the case of the arrest, unless the latter is
either engaged in the commission of an offense, is pursued immediately after its commission, or has
escaped, flees, or forcibly resists before the person making the arrest has opportunity to so inform him,
or when the giving of such information will imperil the arrest.
Sec. 10. Officer may summon assistance. – An officer making a lawful arrest may orally summon as
many persons as he deems necessary to assist him in effecting the arrest. Every person so summoned
by an officer shall assist him in effecting the arrest when he can render such assistance without
detriment to himself.
Sec. 11. Right of officer to break into building or enclosure. – An officer, in order to make an arrest
either by virtue of a warrant, or without a warrant as provided in section 5, may break into any building
or enclosure where the person to be arrested is or is reasonably believed to be, if he is refused
admittance thereto, after announcing his authority and purpose.
Sec. 12. Right to break out from building or enclosure. – Whenever an officer has entered the
building or enclosure in accordance with the preceding section, he may break out therefrom when
necessary to liberate himself.
Sec. 13. Arrest after escape or rescue. – If a person lawfully arrested escapes or is rescued, any
person may immediately pursue or retake him without a warrant at any time and in any place within the
Philippines.
Sec. 14. Right of attorney or relative to visit person arrested. – Any member of the Philippine Bar
shall, at the request of the person arrested or of another acting in his behalf, have the right to visit and
confer privately with such person in the jail or any other place of custody at any hour of the day or
night. Subject to reasonable regulations, a relative of the person arrested can also exercise the same
right.
DUTIES OF ARRESTING OFFICER IN CASE OF ARREST WITHOUT A WARRANT;
a. The arresting officer shall inform the subject or suspect, in the dialect or language known to him,
why he is being arrested, and of his right to remain silent and to have a counsel of his own choice, to be
informed of his authority and the cause of arrest, unless the person to be arrested is then engaged in the
commission of an offense or is pursued immediately after its commission or after and escapes, or flees
or forcibly resist before the officer has opportunity to so inform him, or when the giving of such right
information will imperil the arrest.
b. The arrested person shall be delivered to the proper authorities without unnecessary delay and within
the time prescribed in Article 125 of the Revised penal Code, as amended (12, 18, or 36 hours as the
case maybe).
c. The person arrested without warrant shall be delivered to the nearest police station or jail, and shall
be subject of inquest proceedings under Section 7, Rule 112 of Rules on Criminal Procedure.
What is Inquest?
Inquest is defined C t. The inquest serves to determine whether said persons should remain under
custody and correspondingly be charged in court. Because it is summary in nature and owing to the
attendant risk of running against the periods under which detained persons must be delivered to the
proper judicial authorities, an inquest usually ends with either the prompt filing of an information
in court or the immediate release of the arrested person (Leviste vs Alameda, G.R. 182677, 3
August 2010).
What is Preliminary Investigation?
Preliminary investigation, on the other hand, is an inquiry to determine whether there is sufficient
ground to engender a well-founded belief that a crime has been committed and the respondent is
probably guilty thereof, and should be held for trial. This is the usual route taken for initiating a
criminal case where the respondent or offending party was not arrested without a warrant because none
of the circumstances allowing warrantless arrest is present. Warrantless arrest takes place when a
person to be arrested is caught committing, about.
What is a Criminal Case?
A criminal case is when a complaint or information has already been filed by the public prosecutor
before the court, following an inquest or preliminary investigation as the case may be, where the
prosecutor found probable cause that a crime has been committed and the person named in the
information is probably guilty thereof. In that scenario, the court will exercise jurisdiction and the
accused’s remedies lie with the court, such as bail application.
Section 7, Rule 112 of Rules of Criminal Procedure.
Section 7. When accused lawfully arrested without warrant. — When a person is lawfully arrested
without a warrant involving an offense which requires a preliminary investigation, the complaint or
information may be filed by a prosecutor without need of such investigation provided an inquest has
been conducted in accordance with existing rules. In the absence or unavailability of an inquest
prosecutor, the complaint may be filed by the offended party or a peace office directly with the proper
court on the basis of the affidavit of the offended party or arresting officer or person.
Before the complaint or information is filed, the person arrested may ask for a preliminary
investigation in accordance with this Rule, but he must sign a waiver of the provisions of Article
125 of the Revised Penal Code, as amended, in the presence of his counsel. Not with standing the
waiver, he may apply for bail and the investigation must be terminated within fifteen (15) days from
its inception.
After the filing of the complaint or information in court without a preliminary investigation, the
accused may, within five (5) days from the time he learns of its filing, ask for a preliminary
investigation with the same right to adduce evidence in his defense as provided in this Rule. (7a; sec. 2,
R.A. No. 7438)
Physical Examination Arrested Person/Suspect: Immediately after the arrest, he/she should be
subjected to a physical examination by a medico-legal officer or, in the absence of such medico-legal
officer by any government physician in the area. Prior to his release or any change of custody, the
suspect shall also be physically examined.
Prohibitions: No torture, force, violence, threat, intimidation, or any other means which violates
the free will shall be used against the suspect. Secret detention places solitary confinement
(incommunicado) or other similar forms of detention shall be prohibited.
Record Check: The Officer shall make a record check for the possibility that the arrested person is
wanted for crimes other than that for which the same was arrested.
Rights of a person arrested and under custodial investigation:
Tagalog:

Ikaw ay inaaresto sa salang __________________ ( o sa pamamagitan ng kautusan ng pag

aresto (ipakita ito kung nararapat).

Ikaw ay may karapatang manahimik at magsawalang kibo. Anuman ang iyong sasabihin ay
maaring gamitin pabor o laban sa iyo sa anumang hukuman sa Pilipinas. Ikaw ay mayroon ding
Karapatang kumuha ng tagapagtanggol na iyong pinili at kung wala kang kakayahan, ito ay
ipagkakaloob sa iyo ng pamahalaan.

Nauunawaan mo ba ito?
English:

“You are arrested for the crime of _________________ ( or by virtue of warrant of arrest, showing
him the warrant if it is practicable).

“You have the right to remain silent. Any statement you make maybe used for or against you in any
court of law in the Philippines. You have the right to have competent and independent counsel
preferably of your own choice. If you cannot afford to service of counsel the government will
provide one for you.

Do you understand these rights?