INTRODUCTION TO CRIMINAL

INVESTIGATION
AN OVERVIEW
 INTRODUCTION TO CRIMINAL
INVESTIGATION

• CRIMINAL INVESTIGATION IS A MULTI-FACETED PROBLEM-SOLVING CHALLENGE.

INVESTIGATORS ARE EXPECTED TO:
• PRESERVE THE CRIME SCENE
• COLLECT EVIDENCE
• CREATE AN INVESTIGATIVE PLAN
 INTRODUCTION TO CRIMINAL
INVESTIGATION
• CRIMINAL INVESTIGATION REQUIRES BOTH TASK SKILLS AND THINKING SKILLS. TO BE AN
EFFECTIVE INVESTIGATOR, BOTH OF THESE SKILLS SHOULD BE CONSCIOUSLY DEVELOPED AND
DELIBERATELY UTILIZED IN THE PROBLEM-SOLVING PROCESS THAT IS CRIMINAL INVESTIGATION.
• TRAINED THINKING AND RESPONSE MAY BE DIFFICULT TO DEVELOP AND INCORPORATED INTO
PERSONAL REPERTOIRES AS INDIVIDUALS ARE NOT TRAINED TO BE FORMAL AND EVIDENCE
DRIVEN IN EVERYDAY THINKING AD ACTIVITIES. HOWEVER, IT IS HUMAN NATURE TO BE BORN
CURIOUS AND INVESTIGATIVE.
 ETYMOLOGY OF INVESTIGATION

DERIVED FROM LATIN WORD “VESTIGARE” MEANING:

• TRACK, TRACE, OR PROBE
• STUDY CLOSELY
• INQUIRE SYSTEMATICALLY
• SEARCH FOR TRUTH
 ETYMOLOGY OF INVESTIGATION
• CRIMINAL: A PERSON WHO HAS COMMITTED A CRIME, CONVICTED BY A
COURT.
• GENERAL RULE: NO PERSON SHALL BE REGARDED AS A CRIMINAL UNLESS HE
HAS COMMITTED A CRIME, GIVEN DUE PROCESS, AND HAS BEEN FOUND GUILTY
BY A COMPETENT COURT.
• INVESTIGATION: THE PROCESS OF CONDUCTING A DETAILED EXAMINATION TO
DISCOVER FACTS OR PERSONS.
• CRIME: AN ACT OR OMISSION PUNISHABLE BY LAW.
 LEGAL CLASSIFICATION OF CRIMES

• CRIMES ARE CLASSIFIED LEGALLY AS:

• 1. FELONY – ACTS IN VIOLATION OF THE PROVISIONS OF THE REVISED PENAL CODE.
2. OFFENSE - ACTS IN VIOLATION OF SPECIAL LAWS.
3. MISDEMEANOR - ACTS IN VIOLATION OF CITY OR MUNICIPAL ORDINANCES.
DEFINITION OF CRIMINAL LAW
 THE TRADE OF CRIME
• INTENT- CRIMINAL INTENT, ALSO KNOWN AS MENS REA, REFERS TO THE MENTAL STATE
REQUIRED TO CONVICT A PARTY OF A CRIME.
• OPPORTUNITY – CONSIST OF THE ACTS OR OMISSION AND OR / OR
COMMISSION BY A PERSON (THE VICTIM) WHICH ENABLES ANOTHER PERSON
OR GROUP OF PERSONS (THE CRIMINALS) TO PERPETRATE THE CRIME.
• INSTRUMENTALITY – IS THE MEANS OR IMPLEMENT USED IN THE COMMISSION OF THE CRIME
 THE TRIAD OF CRIME
CRIME OCCURS DUE TO THE PRESENCE OF:
1. INTENT AS A RULE, THE PRESENCE OF INTENT IS PRESUMED IN ANY CRIME.
THE TERMS INTENT AND MALICE SHOULD BE DISTINGUISHED FROM EACH OTHER. THE TERM
INTENT IS THE CONSCIOUS MALICE THAT TAINTS THE ACT WITH CRIMINALITY
MOTIVE IS THE MOVING POWER, WHICH IMPELS ONE TO ACT FOR A DEFINITE RESULT. THIS
DISTINGUISHES MOTIVE FROM INTENT, WHICH IS THE PURPOSE IN USING A PARTICULAR MEANS
TO CREATE AN EFFECT OR A RESULT.
 TRADE OF CRIME

2. OPPORTUNITY REFERS TO THE CHANCE OF THE OFFENDER IN COMMITTING THE CRIME.

WITHOUT SUCH OPPORTUNITY, THE OFFENDER COULD OR WILL NOT COMMIT A CRIME. IN
MANY INSTANCES, THE VICTIMS GIVE THE OFFENDER THE OPPORTUNITY TO COMMIT A
CRIME.
3. INSTRUMENTALITY – THIS INVOLVES THE UTILIZATION OF MATERIALS AND OTHER
MEANS WHICH ARE CRUCIAL IN THE COMMISSION OF THE CRIME.
 THE THREE ELEMENTS OF
INTENTIONAL AND CULPABLE CRIME

Crimes committed by means of Crimes Committed by means of

dolo or malice (Bolante, n.d.): culpa:
Freedom Freedom

Intelligence Intelligence

Intent Negligence or Imprudence

 NEGLIGENCE VS. IMPRUDENCE

• NEGLIGENCE INDICATES A DEFICIENCY OF PERCEPTION. IT ALSO MEANS THAT THERE IS

FAILURE TO PAY ATTENTION AND USE DILIGENCE IN FORESEEING THE IMPENDING INJURY
OR DAMAGE. SIMPLY, IT INVOLVES LACK OF FORESIGHT.
• IMPRUDENCE REFERS TO A DEFICIENCY OF ACTION. IT MAY ALSO REFER TO THE FAILURE TO
TAKE THE NECESSARY PRECAUTION TO AVOID INJURY TO A PERSON OR DAMAGE TO
PROPERTY SIMPLY, IT IS A RESULT OF LACK OF SKILL, RECKLESSNESS, OR
THOUGHTLESSNESS
WHAT IS CRIMINAL INVESTIGATION?
 WHAT IS CRIMINAL INVESTIGATION?
• CRIMINAL INVESTIGATION- IS AN ART WHICH DEALS WITH THE IDENTITY AND LOCATION OF
THE OFFENDER AND PROVIDES EVIDENCE OF HIS GUILT THROUGH CRIMINAL PROCEEDINGS.
• CRIMINAL INVESTIGATION INVOLVES INVESTIGATING AND COLLECTING ALL FACTS
ASSOCIATED WITH A CRIME TO DETERMINE THE TRUTH
• CRIMINAL INVESTIGATION ALSO INVOLVES ANALYSIS OF INVESTIGATED AND GATHERED FACTS
ABOUT PERSONS, THINGS, PLACES, AND SUBJECT OF A CRIME TO IDENTIFY THE GUILTY PARTY,
LOCATE THE WHEREABOUTS OF THE GUILTY PARTY, AND PROVIDE ADMISSIBLE EVIDENCE TO
ESTABLISH THE GUILT OF PARTIES INVOLVED IN A CRIME
 CRIMINAL INVESTIGATION BASED ON
THE PNP MANUAL:
• ACCORDING TO THE PNP MANUAL, CRIMINAL INVESTIGATION REFERS TO THE COLLECTION OF
FACTS TO ACCOMPLISH THE THREEFOLD AIMS:
• A. TO IDENTIFY THE GUILTY PARTY;
B. TO LOCATE THE GUILTY PARTY; AND
C. TO PROVIDE EVIDENCE OF HIS GUILT.
 CRIMINAL INVESTIGATION AS AN ART

• IT DEALS WITH THE IDENTITY AND LOCATION OF THE OFFENDER AND THEN PROVING HIS OR
HER GUILT IN A CRIMINAL PROCEEDING. IT IS CONSIDERED ART BECAUSE IT IS GOVERNED BY
INTUITION, INSPIRATION, AND CHANCE.
 CRIMINAL INVESTIGATION AS A
SCIENCE
• IT IS A SYSTEMATIC METHOD OF INQUIRY THAT PRELIMINARY APPLY SCIENTIFIC KNOWLEDGE,
PRINCIPLES, AND METHODOLOGIES TO DISCOVER, IDENTIFY, COLLECT, AND PROCESS FACTS
AND EVIDENCE TO PROMOTE JUSTICE
 WHAT IS THE EXCEPTION TO THE GENERAL
RULE THAT PURPORTS THAT A CRIMINAL
INVESTIGATION IS NOT A SCIENCE BUT AN ART?

THE EXCEPTION TO THE GENERAL RULE CAN BE SUPPORTED BY THE 1987 CONSTITUTION WHICH
STATES THAT AMONG OTHER THINGS, AN ARRESTED PERSON UNDER CUSTODIAL INVESTIGATION
IS AFFORDED WITH THREE CONSTITUTIONAL RIGHTS, SUCH AS:
A) THE RIGHT TO REMAIN SILENT;
B) THE RIGHT TO COUNSEL; AND
C) THE RIGHT TO BE INFORMED OF THE NATURE AND THE CAUSE OF ACCUSATION.
 CRIMINAL INVESTIGATION AS A
PROCESS
• IT INVOLVES A SYSTEMATIC PROCESS OF IDENTIFYING COLLECTING, PRESERVING, AND
EVALUATING DATA OR RAW FACTS TO PRODUCE VALUABLE INFORMATION FOR THE PURPOSE OF
BRINGING A CRIMINAL OFFENDER TO JUSTICE. AS A PROCESS, IT IS BASED ON A SYSTEMATIC
PLAN.
GOALS OF CRIMINAL INVESTIGATION

• GENERALLY, THE GOALS OF CRIMINAL INVESTIGATION ARE BASED ON THE FOLLOWING PREMISE:
• 1. TO DETERMINE WHETHER A CRIME HAS BEEN COMMITTED
• 2. TO LEGALLY OBTAIN INFORMATION OR EVIDENCE;
• 3. TO IDENTIFY PERSONS INVOLVED IN THE CRIME;
• 4. TO ARREST SUSPECTS;
• 5. TO RECOVER STOLEN PROPERTIES; AND
6. TO PRESENT THE BEST POSSIBLE CASE TO THE PROSECUTOR
 COMPONENTS OF CRIMINAL
INVESTIGATION

1. PATTERN IT REFERS TO A SERIES OF SIMILARITIES THAT MAY LINK A CASE OR INDICATE THAT THE
SAME PERSON IS COMMITTING A SERIES OF CRIMES.

2. LEADS THESE ARE CLUES OR PIECES OF INFORMATION THAT AID IN THE PROGRESS OF AN
INVESTIGATION.

3. TIPS- IT REFERS TO LEADS PROVIDED BY THE CITIZENS ESS OF AN INVESTIGATION. WHICH AIDS
IN THE PROGRESS
• 4. THEORIES THE BELIEFS REGARDING THE EVIDENCE, PATTERNS, LEADS, TIPS AND OTHER
INFORMATION DEVELOPED AND UNCOVERED IN THE CASE.
 FORMS OF INVESTIGATION

1. Formal Investigation It refers to an official inquiry conducted by a

government agency to uncover facts and
determine the truth.
2. Inquest It is an effort to search the basic cause of an
incident such as the commission of a crime.
3. Inquisition A historical description than a current usage to
describe any penetrating investigation
concerning a religious issue.
4. Probe Similar to a formal investigation which is an
extensive search inquiry conducted by a
government agency.
5. Research It is the most employed type of investigation
which refers to the careful
 FORMS OF INVESTIGATION

6. Investigative Reporting It is a recent type of Investigation pursued by the

members press On their own initiative.

Designed to satisfy two purposes:

1. To attract readers or viewers; and
2. To get to the roots of the problem.
 CATEGORIES OF CRIMINAL
INVESTIGATION
Criminal Investigation Non-Criminal Investigation
Inquiry conducted by law enforcement agencies This investigation conducted on non-criminal
assigned to investigative the commission of a incidents or events.
crime.

Reactive Investigation- Pro-active Investigation-

Overt Investigation Covert Investigation
This is initiated based on reports and complaints filed A type of investigation that is conducted before and
to a law enforcement agency. during the commission of the offense.
Categories of Reactive Investigation Decoy operations - use blending and decoy to catch
A. Walk-through- The suspect is easily determined delicto. The criminals in flagrante
B. and located.
B. Where-are-they- The suspect has been tentatively Undercover operations - are usually in the form of
identified but has not been located. entrapment or buy-bust operations.
C. Whodunit- The suspect is unidentified
 THE FIVE FUNCTIONS OF CRIMINAL
INVESTIGATION
• 1. RECOGNITION IT INVOLVES IDENTIFYING DATA, INCLUDING THINGS, THAT MAY PROVIDE
RELEVANT INFORMATION ON THE CRIMINAL CASE BEING INVESTIGATED.
• 2. COLLECTION- THE ACT OF GATHERING IDENTIFIED DATA, FACTS, OR PHYSICAL THINGS THAT
ARE SIGNIFICANT TO THE CASE BEING INVESTIGATED.
• 3. PRESERVATION- IT INCLUDES KEEPING OR PRESERVING THE COLLECTED EVIDENCE IN THEIR
TRUE AND ORIGINAL FORM TO PREVENT CONTAMINATION
• 4. EVALUATION THE PROCESS OF DETERMINING THE PROBATIVE VALUE OF THE EVIDENCE.
• 5. PRESENTATION- THE FUNCTION PRIMARILY MANIFESTED IN THE COURTROOM.
STARTING POINTS OF CRIMINAL INVESTIGATION
• 1. STATE THE PROBLEM – THE PROBLEM IS FOCUSED ON IDENTIFYING, LOCATING, AND
ARRESTING THE PERPETRATOR OF THE CRIME.
• 2. FORM HYPOTHESES - IT IS THE CONSTRUCTION OF AN EXPLANATION OF AN OCCURRENCE,
WHICH INCLUDES:
• A. THE MOTIVE WHICH CAUSES A PERSON TO ACT IN A CERTAIN MANNER.
B. THE KNOWLEDGE BY THE SUSPECT TO COMMIT A CRIME.
C. THE MEANS OR THINGS USED TO COMMIT A CRIME.
• 3. OBSERVE AND EXPERIMENT - AS APPLIED TO THE GIVEN EXPLANATION, THIS PROCESS
CHECKS
FOR THE INACCURACY IN THE HYPOTHESIS.
 STARTING POINTS OF CRIMINAL
INVESTIGATION
• 4. INTERPRET DATA THE INVESTIGATOR SHOULD BE AS OBJECTIVE AS POSSIBLE IN THE
INTERPRETATION OF DATA AND EVIDENCE
• 5. DRAW CONCLUSIONS-IN DRAWING CONSLUSIONS TO THE INVESTIGATION CONDUCTED, THE
FOLLOWING QUESTIONS SHOULD BE ANSWERED:
• A. WAS THE STATED PROBLEM ANSWERED?
• B. DOES THE EVIDENCE SUPPORT THE HYPOTHESIS?
C. WAS EACH STAGE OF THE INVESTIGATIVE METHOD CONDUCTED IN A TOTALLY LEGAL
FASHION ?
D. DOES DATA INTERPRETATION SUPPORT A RECOMMENDATION FOR PROSECUTION?
 LEGAL PROVISIONS IN CRIMINAL
INVESTIGATION
MAPP VS. OHIO (376 VS. 584)
THE SUPREME COURT RULED THAT ILLEGALLY OBTAINED EVIDENCE IS INADMISSIBLE IN STATE
CRIMINAL PROSECUTIONS. THIS CASE ESTABLISHED THE “DOCTRINE OF POISONOUS TREE.”
MIRANDA VS. ARIZONA
MARANDA VS. ARIZONA CASE WAS A LANDMARK U.S. SUPREME COURT RULING IN 1966.
ERNESTO MIRANDA WAS ARRESTED FOR KIDNAPPING AND RAPE, AND DURING POLICE
INTERROGATION, HE CONFESSED WITHOUT BEING INFORMED OF HIS RIGHT TO AN ATTORNEY OR
HIS RIGHT TO REMAIN SILENT. THE SUPREME COURT OVERTURNED HIS CONVICTION,
ESTABLISHING THAT SUSPECTS MUST BE INFORMED OF THEIR RIGHTS (NOW KNOWN AS
“MIRANDA RIGHTS”)
 LEGAL PROVISIONS IN CRIMINAL
INVESTIGATION
MIRANDA WARNING HAS BECOME MANDATORY. SUSPECTS TAKEN INTO CUSTODY OR DEPRIVED
OF THEIR FREEDOM OF ACTION, WHO ARE TO BE QUESTIONED BY LAW ENFORCEMENT OFFICERS,
MUST BE WARNED IN SUBSTANTIALLY THE FOLLOWING

TERMS:

1. YOU HAVE THE RIGHT TO REMAIN SILENT.

2. ANYTHING THAT YOU SAY CAN BE USED AGAINST YOU.

3. YOU HAVE THE RIGHT TO TALK WITH A LAWYER AND HAVE
4. IF YOU CANNOT AFFORD AN ATTORNEY ONE WILL BE APPOINTED TO REPRESENT YOU BEFORE
ANY QUESTIONING AT YOUR REQUEST
LEGAL REQUIREMENTS OF CRIMINAL INVESTIGATION

1) LEGAL- THE INVESTIGATION MUST BE CONDUCTED IN ACCORDANCE WITH

THE LAW.
2) THOROUGH- THE INVESTIGATION MUST BE CONDUCTED IN THE MOST
COMPLETE AND
DETAILED MANNER
 THE BASIC LEGAL PARAMETERS IN THE
CRIMINAL INVESTIGATION PROCESS
• IT PROVIDES A SHORT INTRODUCTION ON WHAT THIS PARAMETERS MEANS AND ITS IMPORTANCE TO THE
PROCESS. IT ALSO INCLUDE WHO COVERED IN THE PARAMETERS AND ENSURE THAT THIS IS FOLLOWED:
• 1. DUTY TO INVESTIGATE;
• 2. ARREST AND DETENTION OF A SUSPECT;
• 3. DUE PROCESS;
• 4. RIGHTS OF THE PERSONS INVOLVED;
• 5. PROBABLE CAUSE;
• 6. THE BURDEN OF PROOF; AND

7. PROOF BEYOND A REASONABLE DOUBT.

 THE RIGHT OF PERSON UNDER
INVESTIGATION IN THE PHILIPPINE
SETTING
 THE RIGHT OF PERSON UNDER
INVESTIGATION IN THE PHILIPPINE SETTING

1973 PHILIPPINE CONSTITUTION, ART. 111. SECTION 20.

NO PERSON SHALL BE COMPELLED TO BE A WITNESS AGAINST HIMSELF. ANY PERSON UNDER
INVESTIGATION FOR THE COMMISSION OF AN OFFENSE SHALL HAVE THE RIGHT TO REMAIN
SILENT AND TO COUNSEL, AND TO BE INFORMED OF SUCH RIGHT NO FORCE, VIOLENCE, THREAT,
AND INTIMIDATION, ANY CONFESSION OBTAINED IN VIOLATION OF THIS SECTION SHALL BE
INADMISSIBLE AS EVIDENCE.”
 THE RIGHT OF PERSON UNDER
INVESTIGATION IN THE PHILIPPINE
SETTING
1987 PHILIPPINE CONSTITUTION, ART. 111 SECTION 12 (1)
ANY PERSON UNDER INVESTIGATION FOR THE COMMISSION OF AN OFFENSE SHALL HAVE THE
RIGHT TO BE INFORMED OF HIS RIGHT TO REMAIN SILENT AND TO HAVE COMPETENT AND
INDEPENDENT COUNSEL PREFERABLY OF HIS OWN CHOICE.
 THE RIGHT OF PERSON UNDER
INVESTIGATION IN THE PHILIPPINE
SETTING
• REPUBLIC ACT NO. 7438-AN ACT DEFINING CERTAIN RIGHTS OF PERSON
ARRESTED, DETAINED AND/OR UNDER CUSTODIAL INVESTIGATION AS
WELL AS THE DUTIES OF THE ARRESTING, DETAINING, AND INVESTIGATING
OFFICERS AND PROVIDING PENALTIES FOR VIOLATION THEREOF
1. THE PERSON ARRESTED, DETAINED, INVITED OR UNDER CUSTODIAL
INVESTIGATION MUST BE INFORMED IN A LANGUAGE KNOWN TO AND
UNDERSTOOD BY HIM OF THE REASON FOR THE ARREST
2. HE MUST BE WARNED THAT HE HAS A RIGHT TO REMAIN SILENT AND THAT
ANY STATEMENT HE MAKES MAY BE USED AS EVIDENCE AGAINST HIM
3. HE MUST BE INFORMED THAT HE HAS THE RIGHT TO BE ASSISTED AT ALL TIMES AND HAVE THE
PRESENCE OF AN INDEPENDENT AND COMPETENT LAWYER, PREFERABLY OF HIS OWN CHOICE
4. HE MUST BE INFORMED THAT IF HE HAS NO LAWYER OR CANNOT AFFORD THE SERVICES OF A
LAWYER, ONE WILL BE PROVIDED FOR HIM
5. THAT WHETHER OR NOT THE PERSON ARRESTED HAS A LAWYER, HE MUST BE INFORMED THAT NO
CUSTODIAL INVESTIGATION IN ANY FORM SHALL BE CONDUCTED EXCEPT IN THE PRESENCE OF HIS
COUNSEL OR AFTER A VALID WAIVER HAS BEEN MADE
6. THE PERSON ARRESTED MUST BE INFORMED THAT, AT ANY TIME, HE HAS THE RIGHT TO
COMMUNICATE OR CONFER BY THE MOST EXPEDIENT MEANS
7. HE MUST BE INFORMED THAT HE HAS THE RIGHT TO WAIVE ANY OF SAID RIGHTS PROVIDED IT IS
MADE VOLUNTARILY KNOWINGLY AND INTELLIGENTLY AND ENSURE THAT HE UNDERSTOOD THE
SAME
8. IN ADDITION, IF THE PERSON ARRESTED WAIVES HIS RIGHT TO A LAWYER, HE MUST BE
INFORMED THAT IT MUST BE DONE IN WRITING AND IN THE PRESENCE OF COUNSEL
9. THAT THE PERSON ARRESTED MUST BE INFORMED THAT HE MAY INDICATE IN ANY MANNER AT
ANY TIME OR STAGE OF THE PROCESS THAT HE DOES NOT WISH TO BE QUESTIONED WITH
WARNING THAT ONCE HE MAKES SUCH INDICATION, THE POLICE MAY NOT INTERROGATE HIM IF
THE SAME HAD NOT YET COMMENCED, OR THE INTERROGATION MUST CEASED IF IT HAS
ALREADY BEGUN
10. THE PERSON ARRESTED MUST BE INFORMED THAT HIS INITIAL WAIVER OF HIS RIGHT TO
REMAIN SILENT, THE RIGHT TO COUNSEL OR ANY OF HIS RIGHTS DOES NOT BAR HIM FROM
INVOKING IT AT ANY TIME DURING THE PROCESS, REGARDLESS OF WHETHER HE MAY HAVE
ANSWERED SOME QUESTIONS OR VOLUNTEERED SOME STATEMENTS
11. HE MUST ALSO BE INFORMED THAT ANY STATEMENT OR EVIDENCE, AS THE CASE MAY BE,
OBTAINED IN VIOLATION OF ANY OF THE FOREGOING, WHETHER INCULPATORY OR EXCULPATORY,
IN WHOLE OR IN PART, SHALL BE INADMISSIBLE IN IN EVIDENCE.
 WHAT IS THE LEGAL CONSEQUENCE IF AN
ARRESTED PERSON UNDER CUSTODIAL
INVESTIGATION IS DEPRIVED OF THE
AFORESTATED CONSTITUTIONAL RIGHTS?

ANY TESTIMONY OR STATEMENT TAKEN FROM THE ARRESTED PERSON DEPRIVED OF HIS OR HER
CONSTITUTIONAL RIGHTS WOULD BE INADMISSIBLE AS EVIDENCE IN THE COURTS OF JUSTICE.
ALSO, THE INVESTIGATOR MAY BE HELD CRIMINALLY SABLE FOR THE VIOLATION OF THE LAW.
 REPUBLIC ACT NO. 9745
ANTI-TORTURE ACT OF 2009
TYPES OF TORTURE
1. PHYSICAL TORTURE - IS A FORM OF TREATMENT OR PUNISHMENT INFLICTED BY A PERSON IN
AUTHORITY OR AGENT OF A PERSON IN AUTHORITY UPON ANOTHER IN HIS/HER CUSTODY
THAT CAUSES SEVERE PAIN, EXHAUSTION, DISABILITY OR DYSFUNCTION OF ONE OR MORE
PARTS OF THE BODY, SUCH AS:
2. SYSTEMATIC BEATING, HEADBANGING, PUNCHING. KICKING, STRIKING WITH TRUNCHEON OR
RIFLE BUTT OR OTHER SIMILAR OBJECTS, AND JUMPING ON THE STOMACH:
3. FOOD DEPRIVATION OR FORCIBLE FEEDING WITH SPOILED FOOD, ANIMAL OR HUMAN
EXCRETA AND OTHER STUFF SUBSTANCES NOT NORMALLY EATEN OR
• HARMFUL EXPOSURE TO THE ELEMENTS SUCH AS SUNLIGHT AND EXTREME COLD:
• ELECTRIC SHOCK;
• CIGARETTE BURNING, BURNING BY ELECTRICALLY HEATED RODS, HOT OIL, ACID, BY THE RUBBING
OF PEPPER OR OTHER CHEMICAL SUBSTANCES ON MUCOUS MEMBRANES, OR ACIDS OR SPICES
DIRECTLY ON THE WOUND(S);
• THE SUBMERSION OF THE HEAD IN WATER OR WATER POLLUTED WITH EXCREMENT, URINE,
VOMIT AND/OR BLOOD UNTIL THE BRINK OF SUFFOCATION
• BEING TIED OR FORCED TO ASSUME FIXED AND STRESSFUL BODILY POSITION;
• RAPE AND SEXUAL ABUSE, INCLUDING THE INSERTION OF FOREIGN OBJECTS INTO THE SEX
ORGAN OR RECTUM, OR ELECTRICAL TORTURE OF THE GENITALS;
• MUTILATION OR AMPUTATION OF THE ESSENTIAL PARTS OF THE BODY SUCH AS THE GENITALIA,
EAR, TONGUE, ETC;
• DENTAL TORTURE OR THE FORCED EXTRACTION OF THE TEETH;
• PULLING OUT OF FINGERNAILS;
• HARMFUL EXPOSURE TO THE ELEMENTS SUCH AS SUNLIGHT AND EXTREME COLD;
• THE OF PLASTIC BAG AND OTHER MATERIALS PLACE OVER THE HEAD TO
THE POINT OF ASHPYXIATION
• THE USE OF PSYCHOACTIVE DRUGS TO CHANGE THE PERCEPTION, MEMORY,
ALERTNESS OR WILL OF A PERSON SUCH AS:
(I) THE ADMINISTRATION OR DRUGS OR DRUGS TO INDUCE CONFESSION
AND/ /OR REDUCE MENTAL COMPETENCY:OR
(II) THE USE OF DRUGS TO INDUCE EXTREME PAIN OR CERTAIN SYMPTOMS
OF A DISEASE,
AND
• OTHER ANALOGOUS ACTS OF PHYSICAL TORTURE; AND
2. MENTAL/PSYCHOLOGICAL TORTURE REFERS TO ACTS COMMITTED BY A
PERSON IN
AUTHORITY
1) BLINDFOLDING

(2) THREATENING A PERSON(S) OR HIS/HER RELATIVE(S) WITH BODILY HARM, EXECUTION

OR OTHER WRONGFUL ACTS,

(3) CONFINEMENT IN SOLITARY CELLS OR SECRET DETENTION PLACES

(4) PROLONGED INTERROGATION:

(5) PREPARING A PRISONER FOR A “SHOW TRIAL”, PUBLIC DISPLAY OR PUBLIC HUMILIATION
OF A DETAINEE OF PRISONER:

(6) CAUSING UNSCHEDULED TRANSFER OF A PERSON DEPRIVED OF LIBERTY FROM ONE

PLACE TO ANOTHER, CREATING THE BELIEF THAT HE/SHE SHALL BE SUMMARILY EXECUTED;
7) MALTREATING A MEMBER/S OF A PERSON’S FAMILY.

(8) CAUSING THE TORTURE SESSIONS TO BE WITNESSED BY THE PERSON’S FAMILY, RELATIVES OR ANY
THIRD PARTY

(9) DENIAL OF SLEEP/REST

(10)SHAME INFLICTION SUCH AS STRIPPING THE PERSON NAKED, PARADING HIM/HER IN PUBLIC PLACES.
SHAVING THE VICTIM’S HEAD
(11) IT DELIBERATELY PROHIBITING THE VICTIM TO COMMUNIENTE HIS/HER FAMILY: AND
(12) OTHER ANALOGOUS ACTS OF MENTAL/PSYCHOLOGICAL TORTURE
• SECTION 7. OTHER CRUEL, INHUMAN AND DEGRADING TREATMENT
OR PUNISHMENT. OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT
OR PUNISHMENT REFERS TO A DELIBERATE AND AGGRAVATED TREATMENT
OR PUNISHMENT INFLICTED BY A PERSON IN AUTHORITY OR AGENT OF A
PERSON IN AUTHORITY AGAINST ANOTHER PERSON IN CUSTODY
• PROHIBITED DETENTION. SECRET DETENTION PLACES, SOLITARY
CONFINEMENT, INCOMMUNICADO
• SECTION 14. APPLICABILITY OF THE EXCLUSIONARY RULE;
EXCEPTION. ANY CONFESSION, ADMISSION OR STATEMENT OBTAINED AS A
RESULT OF TORTURE SHALL BE INADMISSIBLE IN EVIDENCE IN ANY
PROCEEDINGS, EXCEPT IF THE SAME IS USED AS EVIDENCE AGAINST A
PERSON OR PERSONS ACCUSED OF COMMITTING TORTURE.
• SECTION 10. DISPOSITION OF WRITS OF HABEAS CORPUS, AMPARO
AND HABEAS DATA PROCEEDINGS AND COMPLIANCE WITH A
JUDICIAL 07’DER. A WRIT OF HABEAS CORPUS OR WRIT OF AMPARO OR
• ASSISTANCE IN FILING A COMPLAINT – THE CHR AND THE PARTIAL
RENDER LEGAL ASSISTANCE IN THE INVESTIGATION AND MONITORING
AND/OR FILING OF THE COMPLAINT FOR A PERSON WHO SUFFERS TORTURE
• SECTION 12. RIGHT TO’ PHYSICAL, MEDICAL AND PSYCHOLOGICAL
EXAMINATION. BEFORE AND AFTER INTERROGATION, EVERY PERSON
ARRESTED, DETAINED OR UNDER CUSTODIAL INVESTIGATION SHALL HAVE
THE RIGHT TO HE INFORMED OF HIS/HER RIGHT TO DEMAND PHYSICAL
EXAMINATION BY AN INDEPENDENT AND COMPETENT DOCTOR OF HIS/HER
OWN CHOICE.
 THE PROBER/CRIMINAL INVESTIGATOR
THE CARDINAL QUESTIONS OR POINTS OF INVESTIGATION
WHO IS A CRIMINAL INVESTIGATOR?
THE CRIMINAL INVESTIGATOR IS A PERSON WHO CONDUCTA AN INVESTIGATION. THE CRIMINAL
INVESTIGATOR ALSO KNOWN AS PROBER

ROLES OF AN INVESTIGATOR
1. DETERMINE THAT A CRIME HAS BEEN COMMITTED.
A. AN ACT WHICH VIOLATED NO STATUTE IS NOT A CRIME.
B. DEPARTMENTAL JURISDICTION MAY BE LIMITED.
C. POSSIBILITY OF FALSE REPORT.
D. LEGAL CONCEPT OF CORPUS DELICTI (BODY OF THE CRIMEL
2. IDENTIFYING THE VICTIM AND THE OFFENDER.
• THE TRUE NAME IS NOT REQUIRED AS STATED IN SECTION 7, RULE 110 OF THE
RULES OF COURT.
• 3. LOCATE AND APPREHEND THE ACCUSED.

4. PRESENT EVIDENCE OF GUILT.

TRICHOTOMY OF CRIMINAL INVESTIGATION
1. TRAINING- THIS IS A CRITICAL FACTOR IN DEVELOPING GOOD AND COMPETENT
INVESTIGATORS. ALSO, IT IS THE, KEY TO FREEDOM FROM BONDAGE OF IGNORANCE.
2. TOOLS- THESE REFERS TO THE INFORMATION, INTERVIEW, INTERROGATION, AND
INSTRUMENTATION THAT ARE USED BY THE INVESTIGATOR TO ESTABLISH FACTS AND
DEVELOP EVIDENCE.
3. TECHNIQUE THIS PERTAINS TO THE ESSENCE OF TACTICAL STRATEGY IN AN
INVESTIGATION.
 DESIRABLE TRAITS OF THE INVESTIGATOR
1. SUPERIOR REASONING ABILITY – THE LOGICAL ANALYSIS OF A MULTITUDE OF FACTS
THIS ABILITY IS RELATED TO “CRITICAL THINKING”, CRITICAL
THINKERS LOOK FOR REASONS TO REJECT AN ASSUMPTION AND
ARE NEVER HESITANT TO SEEK AN EXPLANATION ON THE “WHY”
OF AN EVENT.
ELEMENTS THAT FORM THE FOUNDATION OF THE CRITICAL THINKING
PROCESS:
A. DIFFERENTIATING BETWEEN FACT AND OPINION.
B. DETERMINING CAUSE-AND-EFFECT RELATIONSHIPS.
C. DETERMINING THE ACCURACY AND COMPLETENESS OF INFORMATION PRESENTED.
D. RECOGNIZING LOGICAL FALLACIES AND FAULTY REASONING
E. DEVELOPING INFERENTIAL SKILLS THROUGH DEDUCTIVE OR INDUCTIVE REASONING
• A FACT IS A STATEMENT OR OBSERVATION THAT CAN BE VERIFIED OR
SUPPORTED USING VERIFIABLE POINTS OF INFORMATION, WHEREAS AN
OPINION REFERS TO A PERSON’S IMPRESSION OR PERSONAL BELIEF.
• CAUSE-AND-EFFECT THINKING SERVES AS A DIRECTIONAL PURPOSE OR AS
A GUIDE IN THE COURSE OF THE INVESTIGATIVE PROCESS.
• FAULTY REASONING IS OFTEN A RESULT OF GENERALIZATION,
STEREOTYPING, OVERSIMPLIFYING, OR INCORRECT ASSUMPTIONS.
• DEDUCTIVE REASONING IS THE ACT OF FORMING A GENERAL CONCLUSION
PRIOR HAVING A COMPLETE EXPLANATION GROUNDED ON FACTS.
• INDUCTIVE REASONING IS ESTABLISHED BY UTILIZING THE RESULTS OF
FURTHER INVESTIGATION AND GATHERING OF EVIDENCE
2. IMAGINATION AND CURIOSITY - IMAGINATION INVOLVES FORMING MENTAL IMAGES OF WHAT IS
MISSING OR OMITTED. IT ALSO INVOLVES CREATING NEW IDEAS BY RELATING PREVIOUS EXPERIENCES.
CURIOSITY IS THE DESIRE TO LEARN MORE THROUGH INQUISITIVENESS
3. INTUITION – THIS REFERS TO THE IMMEDIATE APPREHENSION OR COGNITION OR THE QUICK AND READY
INSIGHT WITHOUT THE CONSCIOUS USE OF REASONING
4. OBSERVATIONAL ABILITY- THE ABILITY TO OBSERVE REQUIRES EFFECTIVE NOTING AND RECORDING OF
FACTS.
5. ORGANIZATIONAL ABILITY – WHEN INVESTIGATING, THE POLICE INVESTIGATOR IS CONTINUALLY
PROCESSING VARIOUS TYPES OF INFORMATION.
6. LEGAL KNOWLEDGE - A SOLID GROUNDING BOTH IN CRIMINAL AND THE INVESTIGATOR MUST POSSESS
AND CIVIL LAW.
7. CULTURAL UNDERSTANDING AND INTEREST – A WIDE RANGE OF KNOWLEDGE, UNDERSTANDING, AND
SENSITIVITY IN THE CULTURES DIFFERENT FROM THE INVESTIGATOR’S OWN IS AN ADVANTAGE.
8. PERSISTENCE THIS REFERS TO THE WILL TO CONTINUE DESPITE OPPOSITION OR ADVERSE SITUTAIONS
 CARDINAL QUESTIONS IN CRIMINAL
INVESTIGATION
THE INVESTIGATION MUST SEEK TO ESTABLISH THE SIX (6) CARDINAL POINTS OF INVESTIGATION, NAMELY
WHO, WHEN, WHERE, WHAT, HOW, AND WHY
• WHO QUESTIONS: THESE ARE QUESTIONS USED TO INQUIN ON THE IDENTITY OF THE VICTIMS OR
OFFENDED PARTY, NAME OF SUSPECT, ACCOMPLICES, ACCESSORIES, AND WITNESSES OF THE CRIME
• WHAT QUESTIONS: THE PURPOSE OF THESE QUESTIONS IS TO FIND OUT WHAT HAPPENED OR WHAT TOOK
PLACE BEFOR DURING, AND IMMEDIATELY AFTER THE COMMISSION OF THE OFFENSE
• WHERE QUESTIONS: THESE ARE QUESTIONS THAT LOCALIZE THE PLACE OF THE INCIDENT- THE CITY OR
TOWN
• WHEN QUESTIONS: THESE ARE QUESTIONS USED TO DETERMINE THE TIME, DAY, MONTH, AND YEAR
• WHY QUESTIONS: THESE ARE QUESTIONS THAT ENDEAVOR E. WHY TAIN THE MOTIVES, CAUSES,
ANTECEDENTS, PREVIOUS
• HOW QUESTIONS: THESE ARE DESIGNED TO HELP THE INVESTIGATOR DETERMINE HOW THE CRIME WAS
COMMITTED
WHAT IS THE IMPORTANCE OF THE 5WS
AND 1H IN A CRIMINAL
INVESTIGATION?
 THE FOLLOWING ARE THE RATIONALE OF THE IMPORTANCE OF 5W’S
AND 1H IN CRIMINAL INVESTIGATION:
1. AIDS THE INVESTIGATOR IN SEARCHING OR INVESTIGATING THE CRIME SCENE
2. GUIDES THE INVESTIGATOR IN FORMULATING QUESTIONS IN INTERVIEWING THE
COMPLAINANT, WITNESSES
3. ASSISTS THE INVESTIGATOR AND THE DESK OFFICER IN MAKING BRIEF STATEMENTS OF FACTS
IN THE LOGBOOK OR POLICE BLOTTER AND IN THE REPORTS.
4. HELPS THE INVESTIGATOR IN PREPARING THE MODUS OPERANDI REPORT.
5. ASSISTS THE INVESTIGATOR IN FURNISHING A BRIEF AND CONCISE CRIMINAL INVESTIGATION
REPORT
 GOLDEN RULE IN CRIMINAL
INVESTIGATION

THE GOLDEN RULE IN CRIMINAL INVESTIGATION IS:

“NEVER TOUCH, ALTER, MOVE, OR TRANSFER ANY OBJECT AT THE CRIME SCENE UNLESS IT IS
PROPERLY MARKED, MEASURED, SKETCHED, AND/OR PHOTOGRAPHED.”
THE CRIMINAL INVESTIGATOR AT TRIAL

• THE SUCCESS OR FAILURE OF A CRIMINAL PROSECUTION IS DEPENDENT UPON THE EVIDENCE

PRESENTED TO THE COURT.
• IGNORANCE OF THE LAW RELATIVE TO THE DOCUMENTATION, HANDLING, AND PRESERVATION
OF THE EVIDENCE MAY RESULT TO THE REJECTION OF THE COURT OF THE VITAL PIECE OF
EVIDENCE PRESENTED. THIS MAY FURTHER RESULT TO A CONVICTION THAT CANNOT BE
SUSTAINED.
1. PRE-TRIAL PREPARATION - PREPARATION FOR TRIAL BEGINS FROM THE DISCOVERY OF THE
CRIME UNTIL THE ACTUAL COURT ROOM TESTIMONY.
STEPS IN PREPARING FOR A TRIAL
AS THE TRIAL DATE APPROACHES, THE INVESTIGATOR MUST SCRUTINIZE THE CASE FILED AND
DETERMINE WHETHER THE INVESTIGATION IS COMPLETE AND IS READY FOR TRIAL.
A. PROVING EACH ELEMENT OF THE OFFENSE. THE PROOF SHOULD BE BEYOND REASONABLE
DOUBT.
B. REBUTTING OBVIOUS DEFENSES. FURNISH THE PROSECUTOR OF THE PROOF TO COUNTER
SELF-DEFENSE, ACCIDENT, OR PROVOCATION WHICH THE ACCUSED IS EXPECTED TO RAISE.
C. ASSEMBLING THE EVIDENCE. THIS INCLUDES THE ACTUAL PHYSICAL OBJECTS AS WELL AS
CONFESSIONS, SEARCH, AND OTHER LEGAL DOCUMENTS.
D. COORDINATING WITNESSES. THE INVESTIGATOR MUST ENSURE THAT EACH WITNESS CAN BE
LOCATED, HENCE VAKID ADDRESSES AND CONTACT DETAILS SHOULD BE OBTAINED FROM THE
WITNESS.
E. ASSESSING THE DEFENDANT’S CHARACTER. THE REPUTATION AND CHARACTER OF THE DEFENDANT MAY
BECOME AN ISSUE AT THE TRIAL IF HE TESTIFIES IN HIS OWN DEFENSE.
E.1 ANY PRIOR CRIMINAL RECORD OF THE ACCUSED SHOULD BE PREPARED.
E.2 IN CRIMES AGAINST PERSON, THE VICTIM AND THE DEFENDANT’S REPUTATION FOR VIOLENCE
SHOULD BE PROCURED.
F. ASSESSING THE VICTIM’S CHARACTER. VICTIM’S CHARACTER MAY BECOME AN ISSUE, THE THUS EVIDENCE
CONCERNING THE VICTIM’S GENERAL REPUTATION FOR TRUTH AND VERACITY SHOULD BE GATHERED.
F.1 IN HOMICIDE AND ASSAULT TRIALS, EVIDENCE CONCERNING THE VICTIM’S REPUTATION FOR VIOLENCE
SHOULD BE CONSIDERED IF SELF- DEFENSE IS CLAIMED BY THE ACCUSED.
F.2 IN SEXUAL ASSAULTS, THE VICTIM’S REPUTATION, CHASTITY, OR SEXUAL PROMISCUITY IS OFTEN
RAISED BY THE DEFENSE
G. ASSESSING THE CHARACTER OF WITNESSES. THE CREDIBILITY OF ANY WITNESS IS LIKEWISE SUBJECT TO
ATTACK ON CROSS-EXAMINATION.
2. CONFERENCE WITH PROSECUTOR – SEVERAL DAYS BEFORE THE SCHEDULED TRIAL, THE
INVESTIGATOR SHOULD ARRANGE A CONFERENCE WITH THE PROSECUTOR.
3. THE INVESTIGATOR AS WITNESS - THE WITNESS’ ROLE IS TO PRESENT FIRST-HAND KNOWLEDGE
OF FACTS TO THE COURT FOR ITS CONSIDERATION.
• APPEARANCE THIS PERTAINS TO THE PHYSICAL APPEARANCE OF WITNESS
FIRST IMPRESSIONS ARE IMPORTANT IN MANY SITUATIONS AND THE COURTROOM IS NO
EXCEPTION. HENCE, THESE SHOULD BE TAKEN INTO CONSIDERATION:
A. DEPENDING UPON JUDICIAL AND DEPARTMENTAL POLICIES, THE INVESTIGATOR MAY TESTIFY IN
HIS POLICE UNIFORM. IF A UNIFORM IS NOT WORN, THE INVESTIGATOR SHOULD USE CLOSE POLO
“BARONG” OR A WHITE CONSERVATIVE POLO SHIRT.
B. IF THE INVESTIGATOR IS NOT IN UNIFORM, HE SHOULD AVOID POLICE TRAPPINGS (SUCH AS
HANDCUFFS, JEWELRY WITH POLICE LOGOS, ETC.)
C. MOST COURTS DO NOT PERMIT EVEN UNIFORMED OFFICERS TO WEAR THEIR SIDE
ARMS WHILE TESTIFYING.
DEMEANOR THE INVESTIGATOR SHOULD STRIVE TO CREATE AN IMPRESSION OF FAIRNESS IN HIS
COURT DEMEANOR.
A. ON WITNESS STAND. THE INVESTIGATOR SHOULD STEP TO THE STAND AND PERMIT
HIMSELF TO BE SWORN IN. IN SITTING, HE SHOULD ASSUME A COMFORTABLE BUT ALERT
POSTURE.
B. TESTIMONY. IT SHOULD BE GIVEN SLOWLY, AUDIBLY, AND DISTINCTLY.
FOLLOWING SIMPLE RULES:
1. BE CONFIDENT, BUT NOT COCKY.
2. DO DOES NOT LOSE ONE’S TEMPER.
3. SPEAK CLEARLY.
4. AVOID THE USE OF POLICE JARGONS.
5. AVOID ANSWERS THAT WILL TEND TO SUBJECT THE SUSPECT FOR AN OFFENSE, NOR GIVE AN
ANSWER TO DEGRADE HIS CHARACTER.

6. ANSWER THE QUESTIONS ASKED AND AVOID VOLUNTEERING INFORMATION.

7. THINK BEFORE RESPONDING.

8. PAUSE BEFORE ANSWERING TO ALLOW OBJECTION TO BE MADE BY THE PROSECUTOR, IF THERE

ARE ANY.

9. IF NECESSARY, ASK COURT PERMISSION TO EXPLAIN AN ANSWER.

10. IF UNSURE OF THE ANSWER, ASK PERMISSION TO REFER TO INVESTIGATIVE NOTES.

11. AVOID BEING MADE AN EXPERT WITNESS, IF NOT TRULY QUALIFIED.

• 12. ALWAYS MAINTAIN AN ATTITUDE OF RESPECT AND DO NOT ENGAGE IN SARCASM, WITTICISM, OR
RIDICULE. EVEN ABSURD QUESTIONS SHOULD BE ANSWERED SERIOUSLY AND TEMPERATELY.
 4. TESTIFYING IN COURT THE POLICE WITNESS SHOULD CONDITION AND TRAIN HIMSELF
BEFORE TAKING THE WITNESS STAND. HE/SHE DOES THIS THROUGH PROPER PREPARATION AND
ADJUSTMENT OF HIS MENTAL ATTITUDE. ALL CONCEIVABLE TACTICS ARE TO BE EXPECTED DURING
THE TRIAL. HE MUST REMEMBER TO LOOK GOOD ON THE WITNESS STAND
BEFORE TAKING THE WITNESS STAND TO OFFER TESTIMONY INTO THE RECORD, THE
INVESTIGATOR MUST BE KNOWLEDGEABLE OF THE RULES WHICH GOVERN THE TESTIMONY. ONLY
THE TESTIMONY THAT IS DEEMED RELEVANT AND COMPETENT MATERIAL WILL BE ALLOWED INTO
EVIDENCE.
 PHASES AND TOOLS OF
INVESTIGATION
PHASES OF INVESTIGATION
1. PRELIMINARY OR INITIAL INVESTIGATION - THE FIRST EXPOSURE OF THE CRIMINAL OFFENSE TO THE
INVESTIGATIVE PROCESS SERVES AS THE FOUNDATION FOR THE CASE
A. OFFENSE DETERMINED THE SPECIFIC NATURE OF THE CRIME AND ITS DETAILED DESCRIPTION MUST BE
TRANSMITTED AS SOON AS POSSIBLE.
B. SUSPECT ARRESTED, IF POSSIBLE THE OUTCOME OF PRELIMINARY INVESTIGATION IS GOVERNED BY THE
PASSAGE OF TIME. THE LONGER OF THE INTERVAL WITHOUT ARREST, THE LOWER THE PROBABILITY OF
SUCCESS.
C. CRIME SCENE PROTECTED - THE FIRST PROCEDURE IN THE INVESTIGATION PROCESS IS THE PROTECTION
OF THE CRIME SCENE.
D. VICTIM AND WITNESSES IDENTIFIED - THIS REFERS TO ANYONE WHO CAN PROVIDE INFORMATION
TO AID THE INITIAL INVESTIGATION. THE OFFICER FOCUSES OR PRIORITIZES HIS ATTENTION TO THE
VICTIM
E. BASIC STATEMENTS BE TAKEN –
2. FOLLOW-UP OR IN-DEPTH INVESTIGATION SERVES AS A FOLLOW-UP THIS
OF THE PRELIMINARY OR INITIAL INVESTIGATION. THE DETECTIVE MUST ENSURE
THAT THE PRELIMINARY INQUIRY WAS COMPLETE AND ATTEMPT TO ANSWER THE
FOLLOWING QUESTIONS:
A. WAS THE CRIME SCENE PROCESSED IN A PROPER MANNER OR METHOD?
B. IF THE SUSPECT WAS ARRESTED, WAS THE ARREST LEGALLY COMPETENT OR
DONE?
C. OF ALL THE PHYSICAL EVIDENCE SECURED, WHICH SHOULD BE EXAMINED BY
THE CRIME LABORATORY, AND WHAT SPECIFIC EXAMINATION SHOULD BE
REQUESTED?
D. ARE THE IDENTIFYING DATA CONCERNING OR PERTAINING TO THE VICTIMS AND
WITNESSES, CORRECT?
E. HAS THE PRELIMINARY OFFICER BEEN CONTACTED ABOUT LEADS OR AREAS OF
INQUIRY WHICH ARE NOT FOUND OR INCLUDED IN THE FORMAL PRELIMINARY
REPORT?
3. FINAL OR CONCLUDING INVESTIGATION THE DIRECT PRODUCT OF THE PREVIOUS TWO STAGES.
IN THIS STAGE, INVESTIGATING OFFICER WORKS CLOSELY WITH THE PROSECUTING ATTORNEY AS
THE CRIMINAL CASE IS BEING PREPARED FOR TRIAL
FOLLOWING THIS ORDER:
A. REVIEW THE SUSPECT’S ARREST TO ASCERTAIN ITS LEGALITY.
B. REVIEW ALL SUSPECT’S STATEMENTS AND ADMISSION AS TO THEIR LEGALITY.
C. REVIEW THE PROCESS USED IN SECURING ALL ALL RELEVANT EVIDENCE.
D. RE-EXAMINE THE LEGAL REQUIREMENTS OF VICTIMS, WITNESS STATEMENTS, AND
IDENTIFICATION OF THE SUSPECT.
E. REVIEW AND COMPILE ALL NOTES, REPORTS, AND DOCUMENTS THAT MAY BE USED DURING
THE TRIAL.
F. REVIEW ALL INFORMATION SECURED USING INFORMANTS AND DECIDE ON IS POSSIBILITY OF
USE IN THE COURT.
G. ARRANGE FOR ALL NECESSARY EXPERT-WITNESS TESTIMONY.
 INSTITUTING CRIMINAL ACTIONS
(LIFTED FROM THE REVISED PHILIPPINE NATIONAL POLICE MANUAL, 2021)

A. INQUEST PROCEDURES - THE INQUEST PROCEEDINGS SHALL COMMENCE UPON THE PRESENTATION OF
ARRESTED PERSON, UNLESS HIS/HER ABSENCE IS JUSTIFIED, AND WITNESS/ES BY THE POLICE OFFICER
BEFORE THE INQUEST PROSECUTOR.
B. PRELIMINARY INVESTIGATION AND DIRECT FILING
1.) PRELIMINARY INVESTIGATION
• THIS IS AN INQUIRY OR PROCEEDING USED TO DETERMINE WHETHER THERE IS SUFFICIENT GROUND
TO ENGENDER A WELL-FOUNDED BELIEF THAT A CRIME HAS BEEN COMMITTED, THE RESPONDENT IS
PROBABLY GUILTY THEREOF, AND SHOULD BE HELD FOR TRIAL.
• THIS IS REQUIRED TO BE CONDUCTED BY THE PROVINCIAL OR CITY PROSECUTORS AND THEIR
ASSISTANTS, NATIONAL AND REGIONAL STATE PROSECUTORS
2) DIRECT FILING – FOR ALL OTHER OFFENSES WHERE PRELIMINARY INVESTIGATION IS NOT NOT
REQUIRED, THE CONCERNED INVESTIGATOR MAY FILE THE COMPLAINT DIRECTLY WITH THE
MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS, OR THE OFFICE OF THE
PROSECUTOR.
IN THE FOLLOWING INSTANCES, THE CONCERNED INVESTIGATOR SHALL FILE CASES WITH THE
PROSECUTOR’S OFFICE THRU REGULAR FILING WHEN:
(A) THE SUSPECT HAS NOT BEEN ARRESTED BUT THERE IS SUFFICIENT EVIDENCE TO WARRANT
THE FILING OF THE CASE; OR
(B) WHEN THERE WAS AN ARREST BY VIRTUE OF A WARRANTLESS ARREST PURSUANT TO
RULE 113, SECTION 5 OF THE RULES OF COURT, BUT THE REGLEMENTARY PERIOD TO FILE THE
CASE HAS ALREADY LAPSED.
 TOOLS IN CRIMINAL INVESTIGATION
1. INFORMATION

THE ACQUIRED KNOWLEDGE OR DATA BY THE INVESTIGATOR FROM OTHER PERSONS AND
RECORDS.
CLASSES OF INFORMATION
A. REGULAR SOURCES - THESE INCLUDES RECORDS, GOVERNMENT AND NON-GOVERNMENT
AGENCIES’ FILES, AND NEWS ITEMS.
B. CULTIVATED SOURCES - THESE INCLUDE INFORMATION GATHERED BY THE INVESTIGATOR FROM
INFORMANTS, VENDORS, TAXICAB DRIVER, GRO, AND OTHERS.
C. GRAPEVINE SOURCES - THESE INCLUDE INFORMATION OBTAINED FROM UNDERWORLD
CHARACTERS SUCH AS PRISONERS AND EX-CONVICTS.
2. INTERVIEW AND INTERROGATION INTERVIEW
IS A PURPOSIVE CONVERSATION, MOTIVATED BY A DESIRE TO OBTAIN INFORMATION FROM THE
PERSON BEING INTERVIEWED BASED ON WHAT WAS DONE, SEEN, FELT, HEARD, TASTED,
SMELLED, KNOWN.
BASIC ASSUMPTIONS
THERE IS A BASIC ASSUMPTION THAT “NOBODY SHOULD TALK TO LAW ENFORCERS.” LAW DOES
NOT COMPEL A PERSON TO TALK TO THE POLICE IF IT IS AGAINST HIS WILL
INTERVIEW FORMAT (I.R.O.N.I.C.)
USING THE ACRONYM “IRONIC.” THIS STANDS FOR IDENTITY RAPPORT, OPENING STATEMENT,
NARRATION, INQUIRY, AND CONCLUSION (FUTURE CRIMINOLOGIST, 2017):
1. IDENTITY – PRIOR TO THE COMMENCEMENT OF AN INTERVIEW, THE INVESTIGATOR SHOULD
IDENTIFY OF INTRODUCE HIMSELF OR HERSELF TO THE SUBJECT WHICH INCLUDES HIS OR HER
NAME, RANK, AND AGENCY. EXCEPT, WHEN IT IS UNNECESSARY TO KNOW OR REVEAL THE
OFFICER’S IDENTITY.
2. RAPPORT - IT IS NECESSARY TO CREATE A PLEASANT AND POSITIVE FEELING BETWEEN THE
SUBJECT AND THE INVESTIGATORS.
3. OPENING STATEMENT - THE INVESTIGATOR MUST ALWAYS HAVE AN OPENING STATEMENT
TO PROVIDE CONTEXT TO THE CONDUCT OF THE INTERVIEW
4. NARRATION - DURING THE NARRATION, THE WITNESS SHOULD BE ALLOWED TO ARTICULATE
HIS OR HER KNOWLEDGE WITH LITTLE OR NO INTERRUPTION FROM THE INVESTIGATOR.
5. INQUIRY - THIS INVOLVES ASKING QUESTIONS TO THE SUBJECT AFTER HE OR SHE HAS
NARRATED ALL THE INFORMATION HE OR SHE KNOW.
6. CONCLUSIONS – AFTER THE INTERVIEW, IT SHOULD BE CONCLUDED WITH OUTMOST
COURTESY. THE SUBJECT SHOULD BE ACKNOWLEDGED FOR HIS OR HER COOPERATION.
RULES TO BE OBSERVED IN QUESTIONING

WHEN QUESTIONING THE SUBJECT/S, THE FOLLOWING SHOULD BE OBSERVED (FUTURE

CRIMINOLOGIST, 2017):

A. ASK ONE QUESTION AT A TIME.

B. AVOIDING IMPLIED ANSWER.

C. SIMPLIFY THE QUESTIONS.
D. SAVE FACES.
E. AVOID USING CLOSE-ENDED QUESTIONS WHICH REQUIRES A YES OR NO ANSWER.
 INTERROGATION

INTERROGATION - THE ACT OF QUESTIONING A PERSON SUSPECTED OF HAVING COMMITTED AN

OFFENSE OR A PERSON WHO IS UNWILLING TO FULLY DISCLOSE INFORMATION IN HIS
POSSESSION WHICH IS RELEVANT TO THE INVESTIGATION.
DEPOSITION- THE DEPOSITION REFERS TO THE WITNESS’S SWORN OUT-OF-COURT TESTIMONY.
CONFESSION- THIS IS A SELF-INCRIMINATORY STATEMENT OF A PERSON BY DIRECTLY
ACKNOWLEDGING THE TRUTH OF HIS OR HER GUILT.
ADMISSION- THIS IS A SELF-INCRIMINATORY STATEMENT BUT FALLS SHORT IN THE
ACKNOWLEDGMENT OR ADMISSION OF GUILT. SIMPLY, IT IS THE DIRECT ACKNOWLEDGMENT OF
FACTS.
WHAT ARE THE PURPOSES OF INTERROGATION?

A. TO OBTAIN CONFESSION TO THE CRIME;

B. TO INDUCE THE SUSPECT TO MAKE ADMISSION;

C. TO LEARN THE FACTS OF THE CRIME;

D. TO LEARN THE IDENTITY OF THE ACCOMPLICE;

E. TO DEVELOP INFORMATION WHICH WILL LEAD TO THE RECOVERY OF THE FRUITS OF THE
CRIME; AND
F. TO DISCOVER THE DETAILS OF OTHER CRIMES PARTICIPATED BY THE SUSPECT.
INTERROGATION TECHNIQUES
THE FOLLOWING TECHNIQUES ARE USED DURING INTERROGATION (FUTURE CRIMINOLOGIST,
2017):
1. EMOTIONAL APPEAL
THE SUBJECT SHOULD BE IN THE PROPER FRAME OF MIND. THE INVESTIGATOR SHOULD PROVIDE
EMOTIONAL STIMULI TO PROMPT THE SUBJECT TO UNBURDEN HIMSELF OR HERSELF THROUGH
CONFESSION.
2. SYMPATHETIC APPEAL
THE SUSPECT WHO IS IN TROUBLE WILL ALWAYS FALL FOR GESTURES OF SYMPATHY OR
FRIENDSHIP. THE OFFER OF FRIENDSHIP MAY WIN HIS OR HER COOPERATION
3. KINDNESS
THE SIMPLEST TECHNIQUE IS TO ASSUME THAT THE SUSPECT WILL CONFESS IF HE IS TREATED
KINDLY AND IN A FRIENDLY MANNER.
4. EXTENUATION
THE INVESTIGATOR COMMUNICATES OR SHOWS THAT HE OR SHE DOES NOT CONSIDER HIS OR
HER SUBJECT’S INDISCRETION A GRAVE OFFENSE.
5. SHIFTING THE BLAME
THE INTERROGATOR CLARIFIES HIS BELIEF ABOUT THE SUBJECT, WHO IS NOT THE KIND OF
PERSON WHO GETS MIXED UP IN A CRIME.
6. MUTT AND JEFF
TWO (2) AGENTS ARE EMPLOYED IN THE INTERROGATION.
-MUTT, THE RELENTLESS INVESTIGATOR, WHO IS NOT GOING TO WASTE ANY TIME BECAUSE HE
KNOWS THAT THE SUBJECT IS GUILTY.
-JEFF, ON THE OTHER HAND, IS THE KIND-HEARTED MAN.
7. BLUFF ON A SPLIT PAIR

WHEN DEALING WITH MORE THAN ONE SUSPECT, THIS TECHNIQUE IS APPLIED. THE SUSPECTS
ARE SEPARATED, AND ONE IS INFORMED THAT OTHER HAS TALKED.

8. PRETENSE OF PHYSICAL EVIDENCE

THE INVESTIGATOR MAY PRETEND TO THE SUBJECT THAT CERTAIN PHYSICAL EVIDENCE HAS
BEEN FOUND BY LABORATORY EXPERTS AGAINST OR INCRIMINATING HIM OR HER.

9. JOLTING
THIS TECHNIQUE MAY BE APPLIED TO BOTH CALM AND NERVOUS SUBJECTS BY CONSTANTLY
OBSERVING THEM. THE INVESTIGATOR CHOOSES A PROPITIOUS MOMENT
3) INSTRUMENTATION
THE APPLICATION OF INSTRUMENTS AND METHODS OF PHYSICAL SCIENCE TO THE DETECTION
OF CRIMES. IN CASES WHERE NO SIGNIFICANT PHYSICAL EVIDENCE IS FOUND, THE USE OF
INSTRUMENTATION IS UNIMPORTANT (PAGUD-MOSTER, N.D.).
 FIELDS IN FORENSIC SCIENCE WHICH
AIDS CRIMINAL INVESTIGATION

1. TRACE EVIDENCE ANALYSIS

BASED ON LOCARD’S PRINCIPLE, “EVERYTHING LEAVES A CONTACT.” THUS,
TRACE EVIDENCE ANALYSIS PROVIDES CRUCIAL CONNECTION TO THE
PERPETRATOR. TRACE EVIDENCE INCLUDES ANYTHING THAT IS TRANSFERRED
DURING THE PERPETRATION OF A CRIME SUCH AS HUMAN/ANIMAL HAIR, ROPE,
SOIL, FABRIC FIBERS, FEATHERS, BUILDING MATERIALS, ETC. TRACE EVIDENCE
ANALYSIS IS USED TO RECOVER SUCH EVIDENCE AND THE FORENSIC
EXAMINATION TO OBTAIN INFORMATION THAT CAN BE USED IN THE COURT FOR
THE PURPOSES OF A CASE OR TO ANSWER ANY OTHER LEGAL QUERY.
2. FORENSIC TOXICOLOGY
FORENSIC TOXICOLOGY IS THE STUDY OF THE PRESENCE OF TOXIC SUBSTANCE INSIDE THE BODY
AND ITS EFFECT ON THE INDIVIDUAL
3. FORENSIC PSYCHOLOGY
FORENSIC PSYCHOLOGY IS THE USE OF PSYCHOLOGY TO LEGAL AND CRIMINAL MATTERS
4. FORENSIC PODIATRY
FORENSIC PODIATRY IS THE APPLICATION OF SPECIFIC PODIATRIC KNOWLEDGE I.E., AN
UNDERSTANDING OF THE ABNORMALITIES AND DISEASES OF THE ANKLE. FOOT, AND LOWER
BODY, AND LOWER LIMB ANATOMY, AND MUSCULOSKELETAL FUNCTION IN THE INVESTIGATION.
5. FORENSIC PATHOLOGY
THE BRANCH OF PATHOLOGY THAT DEALS WITH THE EXAMINATION OF A CORPSE TO DETERMINE
THE CAUSE OF DEATH.
6. FORENSIC ODONTOLOGY/DENTISTRY
FORENSIC ODONTOLOGY/FORENSIC DENTISTRY COVERS THE PROPER HANDLING, ANALYSIS,
AND EVALUATION OF ANY FORM OF DENTAL EVIDENCE THAT CAN BE USED AS LEGAL EVIDENCE
IN THE COURT OF LAW.
7. FORENSIC LINGUISTICS
FORENSIC LINGUISTICS IS THE USE OF LINGUISTIC KNOWLEDGE AND METHODS IN CRIMINAL
INVESTIGATIONS AND JUDICIAL PROCEEDINGS
8. FORENSIC GEOLOGY
FORENSIC GEOLOGY OR GEOFORENSICS DEALS WITH THE EXAMINATION OF EVIDENCE RELATED
TO MATERIALS SUCH AS OIL, PETROLEUM, MINERALS, SOIL, ROCKS AND THE LIKE.
9. FORENSIC AUTONOMOLOGY
FORENSIC ENTOMOLOGY IS THE APPLICATION AND STUDY OF INSECT AND OTHER ARTHROPODS
SUCH AS ARACHNIDS, CENTIPEDES, MILLIPEDES AND CRUSTACEANS TO SOLVE CRIMINAL CASES.
10. FORENSIC ENGINEERING
FORENSIC ENGINEERING IS THE BRANCH OF FORENSICS WHICH INVESTIGATES THE PRODUCTS,
MATERIALS, MECHANICAL COMPONENTS OR STRUCTURES THAT FAIL OR ARE UNABLE TO
FUNCTION WHICH RESULTS TOA PERSONAL INJURY OR DAMAGE TO PROPERTY.
11. FORENSIC DNA ANALYSIS
IN ADDITION TO FINGERPRINTS, DNA IS ANOTHER BIOLOGICAL PARAMETER WHICH IS UNIQUE
TO A PARTICULAR INDIVIDUAL.
12. FORENSIC BOTANY
FORENSIC BOTANY IS THE STUDY AND EXAMINATION OF PLANT-BASED EVIDENCE (LEAVES,
FLOWERS, WOOD, FRUITS, SEEDS, POLLEN) TO AID CRIMINAL AND NON-CRIMINAL
INVESTIGATIONS AND TO ANSWER THE LEGAL QUESTIONS.
13. FORENSIC ARCHEOLOGY
THE COMBINATION OF GEOPHYSICAL AND GEOLOGICAL SURVEYING TECHNIQUES USED IN
FORENSICS IS CALLED FORENSIC ARCHEOLOGY.
14. FORENSIC ANTHROPOLOGY
DURING AN INCIDENT, SOMETIMES, BODIES ARE UNRECOGNIZABLE DUE TO MUTILATION,
BURNING, NATURAL DEGRADATION, ETC.
15. DIGITAL FORENSICS
DIGITAL FORENSICS INVOLVES THE EXTRACTION AND ANALYSIS OF DIGITAL EVIDENCE (SUCH AS
THOSE FOUND IN COMPUTERS, HARD DISKS, USB DRIVES ETC.) USING THE MOST POWERFUL
FORENSIC TOOLS
16. FORENSIC BALLISTICS
FORENSIC BALLISTICS INEARMS (BULLETS, ANY EVIDENCE RELATED TO FIREARMS (BULLETS,
BULLET MARKS, SHELL CASINGS, GUNPOWDER RESIDUE ETC.).
 LIST OF REFERENCES
ARCARO, G. (2019). CRIMINAL INVESTIGATIONS: FORMING REASONABLE GROUNDS (FIFTH ED.). EMOND MONTGOMERY
PUBLICATIONS LIMITED.

BERMAS, D.S. (2004). HANDBOOK ON CRIMINAL INVESTIGATION IN THE PHILIPPINES: FUNDAMENTAL AND SPECIAL CRIME.
CENTRAL BOOK STORE.

BERTINO, A. J., & BERTINO, P. N. (2016). FORENSIC SCIENCE: FUNDAMENTALS & INVESTIGATIONS. NATIONAL GEOGRAPHIC
LEARNING/SOUTH-WESTERN, CENGAGE LEARNING.

BROWN, R. M. (2012). FORENSIC SCIENCE: ADVANCED INVESTIGATIONS. CENGAGE LEARNING.

DEMPSEY, J.S. (2020). INTRODUCTION TO INVESTIGATIONS. WARSDWORTH & THOMSON LEARNING.

FLORENDO, A. M. (N.D.). FUNDAMENTALS OF CRIMINAL INVESTIGATION. WISEMAN’S BOOKS TRADING.

FISH, J., & FISH, J. (2014). CRIME SCENE INVESTIGATION CASE STUDIES: STEP BY STEP FROM THE CRIME SCENE TO THE
COURTROOM. ELSEVIER.

• GUBRIUM, J. F., & HOLSTEIN, J. A. (2019). HANDBOOK OF INTERVIEW RESEARCH: CONTEXT (2019), HAND. SAGE
PUBLICATIONS INC.