FUNDAMENTALS OF CRIMINAL

INVESTIGATION
CDI 1
WHAT IS INVESTIGATION

 INVESTIGATION IS THE ACT OR PROCESS OF

INVESTIGATING OR THE CONDITION OF
BEING INVESTIGATED. IT ALSO REFERS TO A
SEARCH OR INQUIRY FOR ASCERTAINING
FACTS; CAREFUL EXAMINATION.

CAME FROM THE LATIN TERM INVESTIGARE,

WHICH MEANS TO INQUIRE OR TO DISCOVER.
CRIMINAL INVESTIGATION

COLLECTION AND ANALYSIS OF FACTS/TRUTHS

ABOUT PERSONS, THINGS, PLACES THAT ARE
SUBJECTS OF A CRIME TO IDENTIFY THE GUILTY
PARTY,LOCATE THE GUILTY PARTY AND
PROVIDE ADMISSIBLE PIECES OF EVIDENCE TO
ESTABLISH IN THE GUILT OF PARTIES INVOLVED
IN CRIME.
THREE ELEMENTS OF CRIME

 Motive – defined as the reason which pushes a person to commit an act with a
definite result in mind

 Opportunity – refers to the chance or an occasion to commit the crime.

 Means – the capability of a person to commit a crime using available tools at

their disposal.
 GOALS OF CRIMINAL INVESTIGATION
 1.To determine whether a crime has been committed,
 2.To legally obtain information or evidence.
 3.To identify persons involved (suspects/victims/ witnesses).
 4.To arrest suspects.
 5.To recover stolen properties.
 6.To present the best possible case to the prosecutor,
Phases of Criminal Investigation
 Phase I:  Identify the suspects
1. Confession – Admission of the suspect on the
offense committed
2. Eyewitness- made by the several objective
persons who are familiar with the
appearance of the suspect who personally
witnesses the commission of an offense
3. Circumstantial Evidence – established
directly by proving other facts or
circumstances from which either alone or in
connection with other facts.
4. Associate Evidence – links a suspect with a
crime.
Phase II: Locate and apprehend the
suspects

 The crime perpetrator may not operate

near his residence hence his flight from
the  scene is merely a return home
unless he is recognized during the
commission of the offense.
Phase III: Gather and provide evidence
to establish the guilt of the accuse

 In criminal cases, physical evidence

can be found at the crime scene, with
the victim and from the perpetrator
and their environment. Appreciation
of forensic science is vital.
6 CARDINAL POINTS OF CRIMINAL INVESTIGATION

WHO
WHAT
WHERE
WHEN
WHY
HOW
GOLDEN RULE IN CRIMINAL INVESTIGATION

 “NEVER TOUCH, ALTER, MOVE, OR TRANSFER ANY OBJECT AT THE

CRIME SCENE UNLESS IT IS PROPERLY MARKED, MEASURED,SKETCHED
AND/OR PHOTOGRAPHED.

 THE PURPOSED OF THIS RULE IS TO AVOID THE MUTILATION,

ALTERATION, AND CONTAMINATION (MAC) OF THE PIECES OF
PHYSICAL EVIDENCE FOUND AT THE CRIME SCENE.
CHARACTERISTICS OF AN INVESTIGATOR:

1.KNOWLEDGEABLE, this refers to the

characteristic of investigator who exhibit
understanding about crime, evidence, law,
to include the suspect and the victim.
2. PERSEVERANCE, refers to the
steadfastness, persistence and resolution to
bring the desired conclusion in spite of
obstacles connected with criminal
investigation.
3. ENDURANCE, this refers to the ability of
the investigator to withstand hardship in the
conduct of investigation to include the ability
to last physically and mentally.
4. HONESTY AND INTEGRITY, the
investigator must always observe the moral
conviction of doing the right thing in all
circumstances. There is the ever temptations
of money, women and drinks, etc., that
influence the result of investigation.
THE INTELLIGENCE AND WISDOM OF
SOLOMON, This is very important in order that
the investigator could easily decipher falsehood
from truth and separate the gain from the chaff as
king Solomon did when he settled disputes of
child's ownership between the two mother.
6 ACTING ABILITY, It is the ability to go
down to the level of the subject(minor, the
prostitute or the slum dwellers, or the level of
the other professionals or the members of the
elite)
7. GOOD IN ORAL AND WRITTEN
COMMUNICATION, This is the ability of the
investigator as he mingle with the community to in
making a concise report.
 8. THE KEEN POWER OF OBSERVATION
AND DESCRIPTION, These are very
important in crime scene investigation and in
interview and interrogation.
9. COURAGE, It is the moral fortitude to tell
the truth no matter who will be hurt.
10.THE POWER TO "READ BETWEEN THE LINES
This is the ability of the investigator to interpret the
words or phrases encountered in the process of
investigation in their deeper meaning in order to arrive
with an accurate meaning of a certain statement.
 11. KNOWLEDGE OF MARTIAL ARTS
AND FIREARMS PROFICIENCY, this the
investigator in defending himself when
confronting, arresting, and interrogating the
suspect.
HISTORICAL BACKGROUND OF CRIMINAL
INVESTIGATION
CODE OF HAMMURABI
Is considered to be the oldest known code of law from
the Old Babylonian period. The code is also one of the
earliest examples of the idea of presumption of
innocence, and it also suggests that both the accused and
accuser have the opportunity to provide evidence. It
consists of 282 laws, with scaled punishments known as
Lex Taliones which means "an eye for an eye, a tooth for
a tooth"
One of the best known laws from Hammurabi's code
was:
 Ex. Law #22: "If any one is committing a robbery and is
caught, then he shall be put to death."
Ex. Law #196: "If a man destroys the eye of another
man, they shall destroy his eye. If one breaks a man's
bone, they shall break his bone.
TIME OF ALFRED THE GREAT

ESTABLISHED A SYSTEM OF
"MUTUAL PLEDGE"
TEN TITHING-One hundred
persons are grouped into one
under the charge of a High
Constable.
TITHING - Ten persons are grouped together
to protect one another and to assume
responsibility for the acts of the group's
members. The one who heads this group is
called Tithing Man.
*SHIRES - The divisions of a specific
geographic area. It is being controlled by the
king and governed by a Shire-reeve, or Sheriff.
TIME OF EMPEROR AUGUSTUS

At about the time of Christ,

Rome: The Roman Emperor
Augustus picked out special,
highly qualified members of
the military to form the
following:
PRAETORIAN GUARD - This was considered
the first police officers, their job is to protect the
palace and the emperor.
PRAEFECTUS URBI - Their function is to protect the
city. They have both executive and judicial power.
VIGILES OF ROME - The vigiles began as fire fighters, they were
eventually also given law enforcement responsibilities and they
patrolled Rome's streets day and night. The vigiles could be
considered the civil police force designed to protect citizens. It is
from them that the word "VIGILANTE" came from.
TIME OF WINCHESTER
The Watch and Ward Act
Known as the “watch and ward” system (nighttime
patrol was called “watch,” while daytime security
was called “ward”).
HUE AND CRY SYSTEM

French words hue, meaning "outcry" or "noise," and cri,

meaning "cry."
A hue and cry is an outcry to draw attention to a situation.
Historically, it was a literal outcry; people would shout, sound
horns, and make other noises when a crime was committed to
alert the constabulary and make other members of the
community aware so they could take action.
Parish Constable.
A parish constable, also known as a petty constable, was
a law enforcement officer, usually unpaid and part-time,
serving a parish.
Keeping weapon at home for family
security.
The Law of PNP applicable in Criminal
Investigation
RA No. 7438 = An act defining certain rights of
person arrested, detained or under custodial
investigation.
RA No. 6975 = The Creation of BFP, BJMP and
PNP under the Department of Interior and Local
Government (DILG) Act of 1990. Subsequently
dissolving the PC whose officers and rank and file
were given the privilege either to join the AFP or
the PNP within the period as provided therein.
RA No. 8551-The PNP Reform and Reorganization Act
of 1998 which is now the operational law that governs
over the PNP. Approved February 25, 1998.
ARREST
ARREST
RULE 113
-SEC. 1 Definition of arrest- taking of
a person into custody in order that he
may be bound to answer for the
commission of an offense.
No violence or unnecessary force
shall be used in making an arrest. The
person arrested shall not be subjected
to a greater restraint than is necessary
for his detention (Section 2, Rule
113).
The law prohibits unnecessary force or
violence. However, if the employment of
such force or violence is necessary to
secure the conduct of arrest or to secure
the life or limb of the person or other
persons making the arrest, force is
allowed.
MIRANDA DOCTRINE/MIRANDA RULE:
YOU HAVE THE RIGHT TO REMAIN SILENT.
ANYTHING YOU SAY CAN AND WILL BE
USED AGAINST YOU IN COURT OF LAW
YOU HAVE THE RIGHT TO HAVE AN
ATTORNEY OR A LAWYER OF YOUR OWN
CHOICE IF YOU CANT AFFORD ONE THE
GOVERNMENT WILL PROVIDE ONE.
Warrant of Arrest

is an order in writing issued in the name of the People

of the Philippines;
signed by a judge and directed to a peace officer,
commanding him to arrest the person designated and
take him into custody of the law in order that he
may be bound to answer for the commission
of an offense.
Duty of the 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 (Section 3, Rule 113).
Execution of Warrant of Arrest
The head of the office to which the warrant of arrest was
delivered for execution shall cause the warrant to be
executed within 10 days from its receipt. Within 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
(Section 4, Rule 113).
Note: A warrant of arrest has no expiry date.
It remains valid until arrest is effected or the
warrant is lifted (Manangan vs. CFI of
Nueva Vizcaya, 189 SCRA 217).
WARRANTLESS ARREST OR ARREST
WITHOUT WARRANT
The general rule is, "No person can be arrested
without a warrant." However, here are the
exemptions under the Rules of Court:
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 (In flagrante delicto arrest);
 (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 (Doctrine of hot
pursuit); 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
(Arrest of an escapee).
WHAT IS CUSTODIAL
INVESTIGATION?
It is the term to denote the investigation
conducted by the investigator on the suspect
who is under police custody. This is the
stage of the investigation when there is
strict observance of Miranda Doctrine.
These rights COULD BE VALIDLY
WAIVED IN WRITING AND WITH THE
ASSISTANCE OF COUNSEL in order that
the ensuing confession be admissible in
evidence. The confession must also be
in writing, signed and sworn to by the
accused.
The Inquest
Inquest is an informal and summary
investigation conducted by a public prosecutor
in criminal cases involving persons arrested and
detained without the benefit of a warrant of
arrest issued by the court for the purpose of
determining whether or not said persons should
remain under custody and be charged in court.
SEARCH AND SEIZURES
MALA IN SE- acts or omissions which are wrong or
evil in its very nature (ex. crimes punished under the
REVISED PENAL CODE).

MALA PROHIBITA- acts or omissions that are not

wrong or evil in essence, but they wrong or evil
because they are prohibited ( malum prohibitum)
Search warrant
-is an order in writing
-issued in the name of the People of the Philippines,
-signed by a judge or justice of the peace
-directed to a peace officer, commanding him to
search for personal property described therein and
bring it before the court (Section 1, Rule 126).
REQUISITE OF VALID SEARCH WARRANT
Must have probable cause
To be determined personally by the judge
Upon the complainant and witnesses, in writing and under oath
Applicant and witnessess to testify on facts personally known to them
Probable cause must be connected with the specific offense
Describes the person and place to be search and things to be seized
Sworn statement together with affidavits of witnessess attached to the
record
ONLY THOSE THINGS MENTIONED OR
INDICATED ON THE WARRANT CAN BE
SEIZED

EXCEPTION: MALA PROHIBITA justified

under PLAIN VIEW doctrine
Otherwise: FRUIT OF A POISONOUS TREE
ANYTHING THAT IS ILLEGALLY SEIZED
MUST BE RETURNDE TO THE OWNER

EXCEPTION: MALA PROHIBITA SHOULD

BE KEPT IN CUSTODIA LEGIS
Right to break door or window to effect search
The officer, if refused admittance to the place of
directed search after giving notice of his purpose
and authority, may break open any outer or inner
door or window of a house or any part of a house or
anything therein to execute the warrant to liberate
himself or any person lawfully aiding him when
unlawfully detained therein (Section 8, Rule 126).
HOW TO DO THE SEARCH -SEC.8
The Two Witnesses Rule
No search of a house, room, or any other premises shall
be made except in the presence of the lawful occupant
thereof or any member of his family or in the absence of
the latter, two witnesses of sufficient age and discretion
residing in the same locality (Section 8, Rule 126).
Time of making a search
The warrant must direct that it be served in the day
time, unless the affidavit asserts that the property is
on the person or in the place ordered to be searched,
in which case a direction may be inserted that it be
served at any time of the day or night (Section 9,
Rule 126).
Life span of search warrant
Unlike in warrant of arrest, a search
warrant shall be valid for 10 days
from its date. Thereafter, it shall be
void. (Section 10, Rule 126).
DUTIES OF THE POLICE
The officer seizing the property under the warrant must give a
detailed receipt for the same to the lawful occupant of the
premises in whose presence the search and seizure were
made, or in the absence of such occupant, must, in the
presence of at least two witnesses of sufficient age and
discretion residing in the same locality, leave a receipt in the
place in which he found the seized property (Section 11, Rule
126).
 SEC 12 - DELIVERY OF THE PROPERTY AND INVENTORY
THEREOF TO THE COURT
 (NOTE: VIOLATION OF THIS SECTION SHALL CONSTITUTE
CONTEMPT OF COURT).
Search incident to lawful arrest
A person lawfully arrested may be searched for dangerous weapons or anything
which may have been used or constitute proof in the commission of an offense
without a search warrant (Section 13, Rule 126)
Notes:
1. The following are considered as valid warrantless searches and seizures:
a. Those incidental to a lawful arrest;
b. Searches in "Plain View":
c. Searches of moving vehicles(peek only,no opening of trunks)
d. Consented warrantless search:
e. Checkpoints
f. Inspections or body checks in airports
g. In times of emergency
h. In times of war and within military
operations
Mugshots and Fingerprints
Arresting units shall at all times take the mugshots and
fingerprints of all arrested persons. Copies thereof shall
be submitted to the PNP Crime Laboratory Service to
serve as master file.
CRIME SCENE
CRIME SCENE - THIS IS THE PLACE WHERE THE CRIME IS
COMMITTED AND PHYSICAL EVIDENCE ARE EVIDENT THEREIN

CRIME SCENE IS
SAID TO BE THE
"TREASURE
ISLAND"
SUGGESTED PROCEDURES OF CRIME RESPONSE

1. The Means of Reporting = Refers to the method of

reporting the crime whether it reached the station through
phone call, personal appearanc or others means.
2. The Time of Report = The exact time of the
repon to include minute must be recorded.
3. The Receiver of Report - The identity of the one who
received the report in the station must be properly noted.
4. The Time of Dispatch - The time when the Desk
Officer dispatches the investigator/s also recorded,
together with the names of the investigator, with
the means of transportation either by mobile car,
taxi or other means.
5. The Time of Arrival = The time of arrival of the investigating
team at the crime scene should be noted. The situation in the
area should also be noted whether it is windy, rainy, sunny or
any other description of the climate in the immediate area.
INITIAL STEPS IN CRIMINAL INVESTIGATION

 1. Cordon the crime scene.

 2. Identify and retain the person who first notified the police for
questioning.
 3. Determine the suspect by direct inquiry of observation.
 4. Detain all people present at the crime scene.
 5. Safeguard the area by issuing appropriate orders
 6. Permit only authorized persons to enter the ares
 7. Separate the witnesses in order to obtain independent statement.
 8. Do not touch or move any object found in the scene.
 9. Summon assistance from responsible persons if necessary.
 10.The team leader assigns the duties of the searchers if assistants are
present.
THE GOLDEN RULE IN CRIMINAL INVESTIGATION
"Do not touch, alter, move, or transfer any object at the crime
scene unless it is properly marked, measured, sketched and/or
photographed." The purpose of this rule is to avoid the
mutilation, alteration and contamination (MAC) of the physical
evidences found at the crime scene.
THE CRIME SCENE PROCESSING;

Before the crime scene be conducted, the

investigator shall establish command post for the
team to conduct briefing and evidence be in place
for proper inventory were chain of custody begin.
ASSIGNMENT OFFICERS OF DUTIES OF RESPONDING

 1. OFFICER-IN-CHARGE/ TEAM LEADER - The one who directs the

processing of the crime scene.
 2. ASSISTANT TEAM LEADER - The one who implements or executes
the order/s coming from his/her superiors.
 3. PHOTOGRAPHER - Takes photograph of all pieces of evidence that
are relevant to the crime committed
Procedure in Photographing
the Crime Scene
 1. General View or Long-
range, taking an over all view
of the scene of the crime. It
shows direction and location
of the crime scene.
 2. Medium View or Mid-
range, Is the taking of the
photograph of the scene of
the crime by dividing it into
section. This view will best
view the nature of the crime.
 3. Close-up View/ Range, Is
the taking of individual
photograph of the evidence at the
scene of the crime. It is design to
show the details of the crime.
4. SKETCHER - Make sketches of the immediate,
background and inside the scene of the crime.
5. MASTER NOTE TAKER - The one who writes
down in short hand all observations at the crime
scene such as: weather condition, time of dispatch
and time of arrival at the crime scene and other
relevant data that's should be taken down note.
6. EVIDENCE MAN - The one in charge in the
collection, preservation, tagging of the articles c evidence
found at the crime scene.
7. MEASURER - Makes all relevant measurements of
the scene such as: the distance of the body of the victim
to the firearm used; in motor vehicle collision, the
distances of the two vehicles to the points of references.
SOME MATERIALS NEEDED IN RESPONDING TO THE SCENE

1. Searching Materials

Examples: flashlights, magnifier, etc.
2. Sketching Materials - Examples: chalk, graphing paper,
sketching pad, clipboard, paperboard, pencil/ ballpen, etc.
3. Measuring Materials - Examples: compass, tape measure,
ruler, etc.
4. Recording Materials - Examples: tape recorder, video
recorder, etc.
5. Collecting Materials - Examples: such as cutting fliers,
knife, screw device, dropper, forceps, fingerprinting
equipment, etc.
6. Preserving Materials
Examples: bottles, envelopes, test tubes, evidence tags/ label,
etc. The Crime Scene Search, this include a diligent and careful
method by the investigator to recognize, identify and preserve
crime scene to include physical evidence.
THE MECHANICS OF SEARCHING THE CRIME SCENE

1. Strip Method - The searchers

(A, B, and C) proceed slowly at
the same pace along the path
parallel to one side of the
rectangle. At the end of the
rectangle, the searchers turn and
proceed back along new lanes but
parallel to the first movement.
2. Double Strip or Grid
Method = Is somewhat
similar to Strip Method, the
rectangle is traversed first
parallel to the bas and then
parallel to the side.
 3. Spiral Method the investigator
may proceed Inward Spiral
method = one or two
investigators(from the outside)
and or Outward Spiral Method =
one searcher(from the center).
 4. Wheel Method = This type of
searching the crime scene is
applicable to areas which are
somewhat circular in size or area.
The searchers shall assemble at
the center of the crime scene, then
simultaneously searching the
crime scene outward.
5. Zone or Sector Method =
The area to be searched is
divided into quadrants and
each searcher or a group of
searcher is assigned to the
quadrant.
1. Collecting Evidence. This is accomplished after the search is
completed, the rough & finished sketch and photographs is
required.
Things to consider in collecting of evidence;
 1. Gloves must wear by the investigator.
 2. Fragile evidence should be collected as they are found
 3. The firearm should be lifted using string or handkerchief in
its trigger guard to avoid destruction of possible latent prints in
the firearm. All firearms (Fas) found to have tampered serial
number (SNs) shall be automatically subjected to macro etching
at the Philippine National Police Crime Laboratory (PNP-CL).
4. Liquid evidences such as blood, mucous, urine and other
body fluid can be collected using dropper and stored in a sealed
container to maintain the same physical nature as found in the
crime scene. However, clotted blood and other hardened
evidences can be collected by scraping with the use of any
available instrument. Samples are very important for laboratory
testing.
2. Marking Evidence - As evidence is collected, it is
individually marked with the initials of the investigator.
The marking tool depends upon the nature of the
evidence. If it is a hard object such as metals, the initial
are scratched or engraved by the use of sharp-pointed
steel, which is called stylus.
 Fired Empty Shells, Misfired Cartridges
 Strictly regulations say they must be marked inside the mouth of fired
empty shells. It is nearly impossible to mark them inside the mouth,
especially .22 caliber shells. But they could be marked on the side of the
body of the shells, not on the base.
 3. Removal of evidence - The investigator places his initials, the date and
time of discovery on each item of evidence and the time discovery on
each items of evidence for proper identification. Items that could not be
marked should be placed in a suitable container and sealed.
4. Tagging Evidence - Any physical evidence obtained must be
tagged before its submission to the evidence custodian.
6. Preservation of Evidence - It is the
investigator's responsibility to ensure that every
precautions is exercised to preserved physical
evidence in the state in which it was recovered/
obtained until it is released to the evidence
custodian.
5. Evaluation of Evidence -- Each item of evidence must
be evaluated in relation to all the evidences, individually
and collectively.
7. Releasing the Scene - The scene in not released until all
processing has been completed. The release should be effected
at the practicable time, particularly when an activity has been
closed or its operations curtailed.
 CHAIN OF CUSTODY

Chain of custody refers to the number of persons who handled

and possessed the pieces of evidence the moment that they were
collected, marked and tagged, up to the time of the final
disposition of the case.
The basic rule is to limit the chain of custody to avoid
tampering, substitution or loss. If the evidence needs laboratory
examination, the investigator must submit direct to the
laboratory without delegating it to the other persons.
THE 3 TOOLS OF INVESTIGATION
Three (3) tools of Investigation:
1. Information
2. Interrogation or interview
3. Instrumentation
 INFORMATION
 Information is the knowledge which the investigator gathered and acquired from
other persons.
 Classifications of information:
 1. information from regular sources such as records and files of the police, company
records, civic spirited citizens;
2. information from cultivated sources such as paid informants, bartenders, cab
drivers.
3. grapevine sources - these are information coming from the underworld characters
such as prisoners and ex-convicts.
GENERAL TYPES OF SUSPECT IDENTIFICATION
1. POSITIVE IDENTIFICATION
information that identifies an individual beyond question and is
legally acceptable as pertaining to and originating from a
particular individual.
2. TRACING IDENTIFICATION this involves the use
of all other information that maybe indicative of the
personal identity of an individual.
 SOURCES OF INFORMATION
 1. Government Records - Police files, NBI files, Bureau of Immigration
files, COMELEC files, files from the local jails and the National Bureau
of Prisons and other government agencies.
 2. Private Records - From private offices and business and non-
government organizations.
3. Intercepted Messages- From telephones, cellular phones,
radio telecommunications and other means of communications.
4. Records of the Firearms and Explosive Unit - Concerning
licensed holders of firearms and authorized possessor of
explosives.
 5. Fire Busting - Tracing the chain of possession of a firearm, from the
manufacturer, distributor, seller and to the last processor and possessor.
(Applicable in US, wherein This could be done through the files of the
FBI and other US police agencies.
 6. Stored Data on Computers and Cellphones - Only experts must be
employed to retrieve these stored data.
 INTERVIEW- is the simple questioning of a person who cooperates with
the investigator.

 THE GOLDEN RULE IN INTERVIEW

 "Never conduct or let anyone conduct an interview if the interviewer has
not gone to the crime scene." The questioning should be in agreement
with the facts and conditions at the crime scene. The questioning will lead
wayward for the interviewer who had not seen personally the crime scene
and he will not be in a position to distinguish half-truths, exaggerations of
falsehood from the answers of the person being interviewed.
 QUALITIES OF A GOOD INTERVIEWER
 a. Rapport-It is the relation between the interviewer and the interviewee,
which is conducive to a fruitful result.
 b. Forceful Personality - The appearance of the interviewer and other
qualities such as skills of communication techniques or the force of his
language are the mainstays of the strength of his character.
 c. Knowledge of Human Behavior
d. Conversational Tone of Voice - His tone of voice must be
conversational, not confrontational as in interrogation.
e. Acting Qualities - He must possess the qualities of an actor,
salesman and psychologist and know how to use the power of
persuasion.
f. Humility and humble- He must be courteous, sympathetic ,
ready to ask apologies for the inconvenienceinconvenience of
the interview.
 REASONS WHY WITNESSES REFUSE TO TALK OR
TESTIFY

a. Fear of Reprisal - Witnesses who lack the courage to face the
suspect, his associates or relatives always entertain the fear of
reprisal.
b. Great Inconvenience - On the part of those of hand-to-mouth
existence there is this real inconvenience, which will deprive
them the time to earn for their living especially during the
ordeal of testifying during the trial.
c. Hatred Against the Police - This hatred maybe due to
previous bad experience with rogue members of the police
organization.
d. Bias of the Witness - The witness maybe an acquaintance,
friend, helper, or benefactor of the suspect.
 e. Avoidance of Publicity - There are witnesses who are shy and they
shun publicity that will bring discomfort to their ordinary or obscure way
of living.
 f. Family Restriction - Some famous and respected families preserve their
reputations by instilling to their members the need of the approval of their
elders on matters affecting their families.
 RULES IN QUESTIONING A PERSON

 a. One Question at a Time - Multiple, complex and legalistic questions

should be avoided. One question at a time is desired.
 b. Avoid Implied Answers - The nod of the head or any other body
language as a response to the questions should be avoided. The answers
must be oral, clear, explicit and responsive to the questions.
 c. Simplicity of Questions-A short simple question at a time is required. If
the answer needs qualification, then, it should be allowed. Avoid
legalistic questions such as: who is the murderer. or who are in
conspiracy with the subject.
 d. Saving Faces - Embarrassing questions on the subject on matters of exaggeration or
honest errors about time, distance and description can be avoided if the investigator
will cooperate with the subject "to save his face". The investigator should not fault or
ridicule the subject on these matters.
 e. Yes and No Answers - 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.
 Note: The interviewer should always leave the door open for a re-interview. Don't
forget to say "THANK YOU" after the interview.
TYPES OF WITNESSES ACCORDING TO THEIR ATTITUDE

 a. Know-Nothing Type - These are the reluctant type of witnesses.

 b. Disinterested Type - This is the uncooperative and indifferent subject.
 C. The drunken type- this style of questioning by investigator should be adapted to
the psychology of the subject. When the drunken subject has sobered, another
interview will be conducted, confronting him about his disclosures while in the
state of drunkenness. The written statement must be taken during his sobriety.
 d. Talkative Type These are witnesses who are prone to exaggerate, adding
irrelevant or new matters to their narration.
 e. Honest Witnesses - These are the truthful and cooperative witnesses where the
investigator could rely upon, with little or no problem in handling them.
 f. Deceitful Witness-These are the liar type of witnessess
 g. Timid Witnesses - They are the shy witnesses. The approach must be friendly
and reassuring confidentiality of their information. They should be hidden from
the devouring press by interviews or photo sessions.
 h. Refusal to Talk Witnesses - These are the most difficult subjects to deal with.
Find out the reasons of their personality. The cause maybe trauma, shock, fear,
hatred, and others. Remove these fetters of silence and they will start talking.
INTERROGATION
Interrogation is the vigorous and confrontational questioning of
a reluctant suspect about his participation in a crime; is the
process of obtaining an admission or confession from those
suspects which means that the suspect is confronted about his
participation in the commission in an offense.
 CONFESSION DISTINGUISHED FROM ADMISSION

 -Confession is the  Admission is an acknowledgement of a fact

declaration of the accused or circumstance without accepting guilt.
acknowledging his guilt Guilt maybe inferred in admission. When
arising from the an accused confessed to the commission of
commission of a crime. a crime, he accepts the facts constituting the
offense but if he interposes self-defense or
other exculpatory grounds, then his
acknowledgement is not a confession but
admission.
 KINDS OF CONFESSION

1. Extra Judicial Confession - Those made by the suspect during

custodial investigation. Simply explained are that those
confessions are made outside of the Court.
2. Judicial Confession-Those made by the accused in open
Court. The plea of guilt maybe during arraignment or any stage
of the proceedings where the accused changes his plea of not
guilty to guilty.
 KINDS OF EXTRA-JUDICIAL CONFESSION

 a. Voluntary Extra-judicial
 b. Involuntary Extra-judicial
Confession
Confession
 - The confession is voluntary
 Confessions obtained through
when the accused speaks of his
free will and accord, without force, threat, intimidation, duress
inducement of any kind, with a or anything influencing the
full and complete knowledge of voluntary act of the confessor.
the nature and the consequence of
the confession.
PHASES OF INTERROGATION;

 a. Planning and preparation - this refers to the interrogator keep

himself aware on the situation and he must observe and analyze the
interrogee without his knowledge.
 b. Approach-in this step, the interrogator should keep in mind to gain
rapport with the subject.
 c. Questioning - this is considered the heart of interrogation. Were all
techniques could apply to obtain information from the subject.
d. Termination - this refers to the ending of the interrogation
process, and it should end in a friendly manner.
e. Recording - this refers to place in document the result of the
interrogation, in this process it is advisable to tape record all
conversation.
f. Reporting - this is the end product of the interrogation.