FUNDAMENTALS OF

INVESTIGATION AND
INTELLIGENCE
Explain the objectives of Criminal investigation, and
principles of Intelligence, tools of investigation, the
cardinal points of investigation and phases of
criminal investigation.
POINTS

5
 What is CRIMINAL
INVESTIGATION?
An art which deals with the IDENTITY of the
offender, LOCATION of the offender, and the
GATHERING OF EVIDENCE to prove the guilt of the
offender in court.
A. OBJECTIVES
1. Identify the offender
2. Locate the offender
3. Gather evidence

Principle:
It is believed that the attainment of the objectives of
criminal investigation leads to the attainment of the ultimate
goal – PROVE THE GUILT OF THE OFFENDER IN COURT.
 Criminal Investigator
He is the one tasked to carry out the objectives
of and achieve the goal of criminal investigation.

PROBER – it also refers to the investigator

INVESTIGATOR ON CASE – pertains to a certain
criminal investigator who has been assigned to
investigate a particular offense.
Scenario:
A report that a woman has been shot was received by the
desk officer, who was able to identify the location of the
incident. The desk officer relayed the information to the Chief
of the Investigation Department. The duty investigators are
Police Corporal Reyes, Patrolman Santos and Police Corporal
Enriquez. The Chief assigned Santos to investigate the case.
In this scenario, the criminal investigators are Reyes,
Santos and Enriquez, but the Investigator-On-Case was Santos.
 TERMS
1. Instead of seeing “locate the offender” you might see
“determine the whereabouts of the offender.”
2. Other terms which also refer to offender:
1. culprit
2. person of interest
3. suspect
4. subject (in custodial investigation)
5. perpetrator
 Misconception
(gathering of EVIDENCE)
You might be thinking “what evidence must be gathered
by the investigator?”
That simply refers to all kinds of evidence. It does not
only mean physical evidence, as it includes statements from
witnesses, complainants or the victim and even confessions
and admissions given by the offender (TESTIMONIAL
EVIDENCE), or documentary evidence.
 Which of the following refers to the objectives of criminal
investigation?
I. determine the identity of the culprit
II. verify the whereabouts of the offender
III. conduct surveillance operation
IV. provide the offender with the appropriate legal safeguards
V. memorize the Miranda Warning
VI. obtain confession, secure copies of documents as well as pieces of
evidence and see to it that they are admissible
a. I, II and V c. I, II and III
b. I, II and IV d. I, II and VI

d. I, II and VI
B. TOOLS
Also known as the 3I’s of Criminal Investigation.
1. Information – data or article related / valuable to the
case under investigation.
2. Interview – the extraction of information through
questioning.
3. Instrumentation (Criminalistics) – application of
scientific and technical knowledge in achieving the objectives
and goal of investigation.
MORE DETAILED EXPLANATION (tools)
A. If there is a most important tool, it is INFORMATION .
It refers not only to statements given by the witness, informant, victim or the
suspect but also to findings of technical experts, CCTV footage, recorded telephone
conversation, time of entry and exit recorded in the logbook, screenshots of
malicious allegations or slanderous statements, and others. Name it. It is anything
that would help the investigator achieve the objectives and goal of the
investigation.

Conclusion:
Confession is a statement about an information. Statements given by
the eyewitness all provide information. Remarks in the ballistics report or
autopsy report likewise present information. Even a simple tip from an
informant. .
MORE DETAILED EXPLANATION (tools)
B. Interview as a tool must be interpreted in its general sense.
Interview obviously refers to a method of collecting information.
It is done by means of asking questions, which could either be in a
simple or skillful manner. However, there is a common
misunderstanding that interview, which is a tool of investigation, is
defined as a simple questioning of a cooperative subject (for starters)
That interview actually refers to a type of questioning (or, if you can still
follow, a type of interview).
TYPES OF QUESTIONING (or INTERVIEW):
1. Interview – simple questioning of a cooperative subject.
2. Interrogation – skillful questioning of a reluctant subject.
Guide
Reluctant – uncooperative (or recalcitrant) or unwilling; usually the suspect.
Cooperative – willing to participate
Subject – person questioned

Interrogation may be done by a private detective, a security

investigator, or by your girlfriend. You don’t have to recite the Miranda
Warning before interrogating. If you are the subject and it feels like you are
in a hot seat, that questioning is technically interrogation.
It is different if the subject is a suspect placed under custodial
investigation. That questioning is custodial interrogation, but sometimes
the police simply use the term interrogation. Hence, the misinterpretation.
MORE DETAILED EXPLANATION (tools)
C. Physical science, police science and technical studies may be used in
Instrumentation.
PHYSICAL SCIENCE – Biology, Chemistry and Physics
POLICE SCIENCE – Dactyloscopy (fingerprints), Ballistics
(firearms and ammunitions) and Questioned Document
Examination (handwriting, falsified documents)
TECHNICAL – Police Photography and Polygraphy
photography – most efficient, practical and ideal means of
preserving physical evidence.
* it can be used as a substitute when it is physically
impossible to bring the physical evidence in court.
 POLYGRAPHY – result of the examination is not 100% accurate.
Thus, the court may not rely thereon in convicting the accused.
Remember, the quantum of proof in criminal case is PROOF BEYOND
REASONABLE DOUBT, much higher than the accuracy rate of polygraph
examination result.
What is the use of polygraph examination?
It serves only as AID to the investigation. The police may
use the result in eliminating impossible suspects.
C. CARDINAL POINTS
It refers to 5Ws and 1H, also known as the NEOTWY
questions.
What – specific crime committed
Who – the offender and the victim
Where – place of the commission
When – date and time of the commission
Why – motive of the offender
How – the manner of commission
 SUPPLEMENTAL NOTES
1. Generally, motive does not need to be proved. What’s
important in court is INTENT, as it is an element of offense.
However, in order to establish the intent, there must be
motive. CRIMINAL INTENT IS USUALLY FOUND FROM THE
MOTIVE OF THE OFFENDER.
Hence, where criminal intent is important in court trial,
motive is important in criminal investigation (police).
 SUPPLEMENTAL NOTES
2. The HOW question seeks to identify the modus operandi
(mode of commission) of the offender. It simply pertains to the
specific acts which constituted an offense.
The technical term “Murder” or “Infanticide” does not
answer the how question.
Rather, “John, using a screw driver stabbed Ted on his
chest twenty seven times resulting in latter’s instantaneous
death.”
D. PHASES
1. Phase 1: identify the suspect/s through:
a. confession
b. eyewitness
c. circumstantial evidence
d. associative evidence
2. Phase 2: locate and apprehend suspect/s
3. Phase 3: gather and provide evidence to establish
guilt of the accused.
 FUNDAMENTALS OF
INVESTIGATION AND
INTELLIGENCE
Distinguish the procedures and principles in the
conduct of surveillance, the intelligence cycle,
informants and informer, distinction and
classification information and documents.
POINTS

5
 What is
SURVEILLANCE?
It is the secretive continuous process of watching
persons, things or places to obtain information
concerning activities, operations, identities and
contacts of persons.
 SOME NOTES
1. Q: What is the SIMILARITY of surveillance and interview?
A: they are both methods of collecting information.
2. Surveillance could also be defined as “inconspicuous or discreet
observation”
3. A person, place or thing under surveillance is called subject and the
person who conducts surveillance is the surveillant.
4. Casing or Reconnaissance is surveillance of a place or a building.
5. Roping or Undercover operation is a kind of surveillance where the
surveillant assumes a different identity or a cover identity.
6. Surveillance conducted by following the subject who could be in a
vehicle or on foot is called Tailing or Shadowing.
Appearance of the Surveillance Officer/s
1. Must match dress and demeanor of local people.
 2. Avoid conspicuous jewelry or other distinctive
articles.
Appearance of the Surveillance Officer/s
3. Beware of bulging concealed weapons.
Appearance of the Surveillance Officer/s
4. Carry cap and glasses to effect quick changes if necessary.
 Appearance of the Surveillance Officer/s

5. If possible, your mannerisms should conform to people’s

ways without being awkward in your actions to avoid being
detected.
 METHODS
1. One-Man Shadow – extremely difficult, dangerous and
must be avoided.
a. keep the subject in view at ALL TIMES
b. keep almost ABREAST of the subject when on the
opposite side of the street
c. be close enough when subject is about to enter a
building or turning corner
 METHODS
2. Two-Man Shadow – provides a greater security against
detection and reduced risk of losing the subject.
a. CROWDED STREETS = both surveillants normally remain on
the same side of the street.
* second surveillant follows the first.
b. LESS CROWDED STREETS = one officer should walk on the
opposite side nearly abreast of the subject.
* the two should make periodic changes in position to
avoid detection.
 METHODS
3. The ABC Method – conducted by three officers in the field,
permitting a greater variation of position of the officers. In
case an officer has been spotted, the two may still continue
the surveillance.
a. Surveillant A keeps a reasonable distance behind the Subject
b. Surveillant B keeps Surveillant A in view and may be
responsible in detecting convoy or confederates of the Subject.
c. Surveillant C walks on the opposite side of the street behind
the Subject
Note: It is done in NORMAL TRAFFIC CONDITIONS.
 METHODS
NO TRAFFIC / LESS TRAFFIC
a. Two officers may be on the opposite side of the street (behind
the subject)
b. One officer may be in front of the subject
VERY CROWDED STREETS
a. All three officers should be on the same side of the street
b. One officer should follow the subject closely to observe his
actions or if he would enter a building or turn a corner.
 ADDITIONAL NOTE
If a convoy is detected by Surveillant B, the shadow
(Surveillance B) will be placed on the convoy who will
be always behind the Subject.
AUTOMOBILE SURVEILLANCE
1. Nondescript vehicles are advisable (if government, anonymous; as
much as possible for rent cars)
2. Change of cars = several times A DAY
3. Color = BLACK
4. License plates (Plaka) = not identified; use security plates.
5. Stickers, windshield adornments, headlights from dim to high beam,
rearranging occupants, changing clothes, hats, or hiding.
6. Manner of driving = alternate (changing lanes)
 SUPPLEMENTAL NOTES
A. NUMBER OF OCCUPANTS
Preferred – 3
Minimum – 2
B. ROLES OF OCCUPANTS (assuming there are 3 occupants)
1 – driver
2 – detects convoy
3 – takes notes
C. NUMBER OF AUTOMOBILE/S
Preferably 2
 INFORMANTS and INFORMERS
1. INFORMANT = anyone who provides information concerning a
case under investigation for some kind of motive.
2. INFORMER = anyone who provides information on a regular
basis.

Note: Both of them are CULTIVATED SOURCE of information.

MOTIVES OF INFORMANT
1. Vanity – self-aggrandizement (common in sensational or
celebrated case)
2. Repentance – one of the offenders who had a change of
heart
3. Remuneration – reward
4. Civic mindedness – being a good citizen
5. Rival elimination – motive of criminal syndicate member
Grapevine – members of the underworld or convicts /
ex-convicts.
 FUNDAMENTALS OF
INVESTIGATION AND
INTELLIGENCE
Assess the kinds, principles, and procedures
involving arrest including essential provisions of R.A.
7438 and R.A. 9745, search and seizure, methods of
crime search and sketches.
 What is 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.
(Rule 113, Section 1, Rules of Court)
All About Arrest
A. MODES OF ARREST
1. Arrest by virtue of a warrant
2. Arrest without a warrant under statutorily provided
exceptional circumstances
B. ESSENTIAL REQUISITES OF A VALID WARRANT OF ARREST
1. probable cause
2. person to be seized is particularly described
When can there be an arrest?
IT IS NOT REQUIRED that there be application
of force, manual touching of the body, physical
restraint or formal declaration of arrest.
It is enough that there be an intent to arrest
and intent to submit.
(Sanchez vs. Demetriou, 227, SCRA 627 [1993])
All About Arrest
C. MODES OF EFFECTING ARREST
1. By actual restraint of the person to be arrested
2. By his (person to be arrested) submission to the custody
of the person making the arrest
D. WHO MAY EFFECT AN ARREST
1. Officer
2. Private Individual
E. DUTY (Rule 113, Section 3)
Arrest and deliver the accused to the NEAREST POLICE
STATION OR JAIL without unnecessary delay.
Guide
Officer = law enforcement officer (police)
Private Individual = private citizen
All About Arrest
F. TIME OF MAKING AN ARREST
It may be made on any day and at any time of the day or
night, even on a Sunday.
G. METHODS OF ARREST
1. Officer with Warrant – inform the cause of the arrest
and the fact that a warrant has been issued for his arrest.
EXCEPT:
a. flees
b. forcibly resists
c. it will imperil the arrest
2. OFFICER WITHOUT WARRANT:
a. inform the person to be arrested of his authority
b. cause of arrest without warrant
Except:
engaged in the commission of an offense, or if
pursued immediately after commission, escapes, flees, or
forcibly resists, or it will imperil the arrest.
3. PRIVATE INDIVIDUAL (citizen’s arrest)
a. the intention to arrest him
b. cause of the arrest
Exception: same as #2.
All About Arrest
H. RIGHTS OF AN OFFICER CONDUCTING ARREST
a. Summon assistance
b. Right to BREAK IN and OUT of the building or
enclosure.
NOTE: A private individual effecting an arrest is NOT
entitled to the abovementioned rights.
 SUPPLEMENTAL NOTE
Any objection involving an arrest of the accused without
warrant and before the acquisition by the court of
jurisdiction over the person of the accused must be made
BEFORE he enters a plea, otherwise, the objection is
DEEMED WAIVED.
 R.A. No. 7438
(Rights of Persons Arrested,
Detained or under Custodial
Investigation)

It also applies to persons who were invited by

the police.
 R.A. No. 9745
(Anti-Torture Act of 2009)
"Torture" refers to an act by which severe pain or
suffering, whether physical or mental, is intentionally
inflicted on a person for such purposes as obtaining
from him/her or a third person information or a
confession; punishing him/her for an act he/she or a
third person has committed or is suspected of having
committed;
 R.A. No. 9745
(Anti-Torture Act of 2009)
or intimidating or coercing him/her or a third
person; or for any reason based on discrimination of
any kind, when such pain or suffering is inflicted by
or at the instigation of or with the consent or
acquiescence of a person in authority or agent of a
person in authority. It does not include pain or
suffering arising only from, inherent in or incidental
to lawful sanctions.
Who is an Agent of Person in Authority?

Agent of Person in Authority any person who, by

direct provision of law or by election or by
appointment by competent authority, is charged with
the maintenance of public order and the protection
and security of life and property.