EXPLORE:

INTERROGATION – Is one of the most difficult but most interesting phases of criminal
investigation and detection. It is the confrontational battle of wits 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 the art.

INTERROGATION DEFINE – is the skillful questioning of a hostile person suspecting of

having committed an offense or of a person who is reluctant to make a full disclosure of
information in his possession which is pertinent to the investigation.

CUSTODIAL INTERROGATION – it denotes the investigation conducted by the

investigator on the suspect who is under custody.

Interviews and Interrogation in similarities and Differences:

a. As in interviewing the success of an interrogation depends on a number of personal

characteristics and commitments of the investigator. Planning for and controlling the
events surrounding both interviews and interrogations are important, but are generally
viewed as more critical to the success of an interrogation,

b. Establishing rapport, asking good questions, carefully listening and proper

documentation are elements common to both forms of obtaining information. Of
paramount importance of legal requirements attendant to interrogation that are absent
in interview.

Kinds and Methods of Interview and Interrogation

Interrogation: Questioning a suspect with the intent of obtaining a confession or

incriminating information. Techniques can be more psychologically focused and intense:
o Confrontation with accusatory statements or known evidence.
o Employing strategic deceptions (requires careful consideration of legal
admissibility).
o Good Cop/Bad Cop" variations in demeanor.

Interview (discuss in module 1)

Legal Requirements for Admission and Confession

Confessions, while powerful, must be obtained legally to be admissible in court. In the

Philippines, consider these safeguards:

 Constitutional Rights: Right to remain silent, have legal counsel, and not be
tortured. Violations may render confessions inadmissible. (Article III, Bill of
Rights, Philippine Constitution)
 R.A. 7438: "Rights of Persons Arrested, Detained, or Under Custodial
Investigation" reiterates and further strengthens these constitutional rights.
 Voluntariness: Confessions must be given without coercion, threats,
intimidation, or promises of leniency. Psychological pressure must not be so
great as to overcome free will.
 Mirandizing/Reading of Rights: Suspects must be informed of their rights in a
language they understand. Waivers of rights must be made in writing with the
assistance of counsel.

Principles of Dying Declaration

 Anter Mortem Statement: A dying declaration is a statement made by a person
under the belief they are about to die, concerning the cause or circumstances of
their impending death.
 Admissibility: In some jurisdictions, these statements may be admissible in
homicide cases even if they'd usually be considered hearsay, as they are made
in good faith when there's no motive to lie.
 Requirements:
o Declarant believes they are about to die
o Statement directly concerns the cause or circumstances of the expected
death
o The declarant would be a competent witness if they were alive.
Independent Relevant Statement (Res Gestae)
 Spontaneous Exclamations: Statements made impulsively during or
immediately after an event, closely connected to and describing the event.
 Admissibility Requirements:
o There was a startling or shocking event.
o The statement was made spontaneously, instinctively provoked by the
event.
o The statement refers directly to the event, rather than to past memories.

Important Considerations
 Laws and court interpretations can vary, so always consult your jurisdiction's
specific statutes and case law.
 Witness recall can be fragile, so prioritize obtaining statements as soon as
possible.
 Investigators must remain objective. Confirmatory bias – seeing only details
supporting a theory– must be fought against.

Preparation for the interview and Interrogation

The success of both the interview or interrogation and the interview will often be
determined by the time and dedication committed to preparing for the interview or
interrogation and both must become familiar with the facts of the case under
investigation.

Fundamental rules of Interrogation:

a. Identify yourself to the suspect.

b. Explain to the suspect the nature of offense under investigation.
c. Advise the suspect of his right.

A. The right to remain silent

B. If he wish to answer the question it may be used as evidence against him.
C. He has the right to have legal counsel of his own choice.
D. Make it sure he fully understand of his right.
GOLDEN ROLE 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 suspect.

1. Purpose of interrogation

A. On the part of the suspect, it is to extract confession or admission

b. On the part of the uncooperative or unwilling witness, it is to extract the information
he possesses.

2. Confession distinguished from Admission

a. Confession define - it is the direct acknowledgement of guilt arising from the

commission of a crime.

- Also define as an acknowledgement by a suspect that he/she has committed

a crime. It includes an acknowledgement of the commission of all the
elements of the crime and the person’s involvement in the commission.

b. Admission define – it is an acknowledgement by the suspect of certain fact or

circumstance without accepting the guilt.

- Also define as an acknowledgement by the suspect of certain facts that tend

to incriminate him/her with respect to a particular crime, but which are not
sufficiently complete to constitute a confession.

3. Kinds of confession

a. Extra-Judicial confession – those made by the suspect during custodial

investigation.

b. Judicial confession – those made by the accuse in an open court. The plea of guilt
during arraignment or any stage of the proceedings where the accused changes hi plea
of not guilty to guilty.

4. Rights of the accused during custodial investigation

a. Rights to remain silent

b. Right to counsel of hi own choice and if he has none, the government must provide
one for him.
c. Right to be informed of the nature of the charges against him and whatever he says
maybe used for or against him.
These rights could validly waived in writing and with the assistance of counsel in order
the ensuing confession be admissible in evidence. The confession must also be in
writing signed and sworn to by the accused.

5. Miranda Doctrine

MIRANDA versus STATE OF ARIZONA

Decided: June 13, 1966

On March 13, 1966 Ernesto Miranda was arrested for kidnapping and rape. At the trial,
the police officer admitted that Miranda was not advised of his rights to silence and to
counsel. The confession of Miranda was admitted into evidence over objection of the
defense counsel. Miranda was found guilty and sentence from 20 to 30 years
imprisonment. On appeal, the Supreme Court of Arizona held that Miranda’s
constitutional rights were not violated in obtaining the confession and affirmed the
conviction. In reaching its decision, Arizona Supreme Court stressed the fact that
Miranda had not specifically requested counsel and therefore the doctrine in the
Escobedo did not apply. Miranda appealed to the U.S Supreme Court and in a 4-5
decision, the court reversed the conviction and held that prior to INTERROGATION the
person must be informed in clear and unequivocal terms that the has the right to remain
silent and to counsel, that should be he choose to speak, any statement he makes may
be used in evidence against him; and that should he choose counsel, it should be
provided him. Before the adoption of the 1973 Constitution, our Supreme Court rejected
the application of the Escobedo ang Miranda rules in this jurisdiction through the case
People of the Philippines vs Jose L , Feb 6, 1971, 37 SCRA 451, which is popularly
known as Maggie dela Riva rape case. Both the 1973 and 1987 Constitution adding
stricter provision as cited above. The 1935 Constitution. Article III Bill of rights, section
1, para 17, provides. “ In all criminal prosecution the accused shall enjoy the right to be
heard by himself and counsel. “ However, the term criminal prosecution was interpreted
by court, in U.S vs Beechman, 23 Phil (1812) to mean proceeding before the trial court
from arraignment to rendition of Judgment.

6. The techniques of interrogation

a. Emotional appeal – this is a technique where the investigator, combining his

skills in of an actor and a psychological, addresses the suspect with an emotional
appeal to confess. This is applicable to first time offender or those who are of the
emotional type of characteristics displayed by nervousness or emotional
disturbances. Devotees of a religious may belong to this type.

b. Sympathetic approach – the investigator, in his preliminary or probing

questions must dig deep into the past trouble, plight and unfortunate events in
the life of the suspect. An offer of help, kindness, friendliness, may win his
cooperation.

c. Friendliness – a friendly approach coupled with posture of sincerity may

induce the suspect to confess.
d. Tricks and Bluffs:

1. The pretense of solid evidence against the accused – the

investigator bluffs the suspect that even if he will not confess, there is
enough evidence to send him to jail. If he will confess, the investigator will
see to it that his prison term will be within the range of probation.

2. The weakest link – among the suspects, there must be a careful

selection as to who among them is the weakest link where the
interrogation will begin. By tricks and bluffs, this weakest link will be told
that his companions had already confessed. Tat this weakest link had
dealt the fatal blow or that he received the lion share of the loot in order to
intrigue him.

3. Drama – the weakest link used to fake pain and the agony by ordering
him to shout, accompanied by banging a chair on the wall to make it
appear that a commotion is going on. The other suspect in separate
rooms must hear the drama before telling then that their partner had
confessed.

4. Feigning contact with family members – the suspect could be trick

that the investigator had gone to the residence and the family members
had supplied facts against the suspect. The suspect’s family will be
dragged in to the investigation if the suspect will not confess.

5. More tricks and bluffs – depending upon the imagination of the

investigator in each particular situation.

6. The line-up – the complainant, witness or victim is requested to point

positively the suspect who is among persons in the police line-up. The
witnesses, victims or complainant are previously coached about the
identity of the suspect.

7. Reverse line-up – The suspect is placed among other persons in a

line-up and he is identified by several complainant 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.

E. Stern approach – the investigator displays a stern personality towards the

suspect by using the following method:

1. Pretense of Physical Evidence – it is the pretense of laboratory or

scientific findings pointing to the suspect.
 2. Jolting – in the questioning process, the investigator selects the right
moment to shout a pertinent question in an apparent righteous outrage.
The suspect’s nerves will break to confession.

3. Indifference – the presence of the suspect, the investigator will discuss

and debate about the string evidence of the case that will result to
conviction of maximum penalty. Their aim is to induced the suspect to
confess by conditioning his mind that he is finally cornered with no other
recourse but to confess.

4. Feigning protection and consideration – the investigator asks series

of questions appearing to be formalities with the impression that he knows
the answers. That these questions are asked as matters of consideration
of the rights, protection and advantage of the suspect.

5. Opportunity to lie – the suspect is given all the opportunities to lie. The
suspect is questioned about his personalities life and family and friends
and his knowledge about the commission of the crime. This is repeated
many times.

F. The Mutt and Jeff or Sweet and Sour methods – the first set of investigators
must appear to be rough, mean ang dangerous. When they had finished the
interrogation, the second investigator intervenes by stopping the first set of
investigator. By being sympathetic and understanding, he begins his
interrogation. If the suspect still refuses to cooperate, then the process is
repeated until there is confession.

G. Removing the Ethnic or Cultural Barriers – if the suspect is an Ilocano, he

should be interrogated by an Ilocano investigator and the same with other ethnic
or cultural groups.

H. Searching for the soft spot – in every man’s heart, there is always that
softest spot. That spot maybe the youngest child, the wife, the mother, the
brother who acted as his father, the grandparents or the best friend. Once
discovered, there must be a face to face meeting with that person and that heart
of steel will melt to pieces.

7. Additional Modern techniques :

a. Rationalization – it is the use of reasons, which is acceptable to the subject

that led to the commission of the crime.

b. Projection – it is the process of putting the blame to other person, not alone to
the suspect.
 c. Minimization – it 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.

8. Physical signs of deception:

a. Sweating
b. Color change
c. Dry mouth
d. Breathing
e. Pulse
f. Avoidance of direct eye contact

LAWS RELEVANT TO INTERVIEW AND INTERROGATION

Learning objectives:

a. Know the laws and Constitutional requirements in the conduct of interview and
interrogation.

b. Interpret the salient provisions of the laws under RA 7438, RA 9745, and Articles III,
section 17, 20, and 12 of the 1935, 1973 and 1987 Philippine Constitution.

LECTURE:

1. RA 9745 (Please see attached Annex 1)

2. RA 7438 (Please see attached Annex 2)

3. 1935 Philippine Constitution, Article III, section 17 (1)

It provides that “ In all criminal proceedings, the accused shall… enjoy the right to
be heard by himself and counsel.

4. 1973 Philippine Constitution, Article III, section 20

It states that, “ No person shall be compelled to be witness against himself” That

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,
intimidation, or any means, which vitiate the free will, shall be used against him.
Any confession obtained in violation of the right shall be inadmissible as
evidence.

5. 1987 Philippine Constitution, Article III, section 12, (1)

 It states that, “ any person under investigation for the commission of an offense
shall have the right to be informed of his rights to remain silent and to have a competent
and independent counsel preferably of his choice. If the person cannot afford the
services of a counsel, he must be provided with one. These rights cannot be waived
except in writing, signed and in the presence of a counsel.