📘 INTERVIEW vs.
INTERROGATION
I. ⚖️Definition and Purpose
Aspect Interview Interrogation
A non-accusatory, information-gathering A structured, accusatory process aimed
Definition conversation between an investigator and a at eliciting a confession or admission
witness, victim, or suspect. from a suspect.
To collect facts, clarify information, and To obtain incriminating statements,
Purpose build an understanding of an event or admissions, or confessions related to the
crime. crime.
Governed strictly by the 1987
Generally not bound by strict custodial
Legal Constitution, RA 7438, and
rights unless the interviewee is already
Standing jurisprudence on custodial
under arrest.
investigation.
Typically conducted in custodial
May occur anywhere — street, station,
Setting settings after a person is arrested or
home — and often informal.
deprived of liberty.
Confrontational, persuasive, and
Tone Cooperative and non-confrontational.
controlled by the investigator.
II. 📋 Key Characteristics
🔹 Interview:
Used during preliminary investigation.
May involve witnesses, informants, victims, or even suspects.
The interviewee is not yet considered an accused.
The goal is to elicit objective and voluntary information.
Often done before a suspect is identified or charged.
Example:
A police officer interviews a store clerk about what she saw during a robbery. The clerk
voluntarily narrates the events without fear of self-incrimination.
🔹 Interrogation:
Begins when the subject is treated as a suspect or person of interest.
The person may be under arrest or under custodial investigation.
The process is accusatory — intended to confirm guilt or uncover incriminating facts.
Requires reading of Miranda rights (Article III, Sec. 12, 1987 Constitution).
Legal counsel must be present, and a waiver must be written if the suspect chooses to
forgo counsel.
Example:
The police arrest a man suspected of murder and question him inside a precinct. He is advised of
his rights, and his lawyer is present. The police ask, “Where did you hide the weapon?” This is
interrogation.
III. 🛑 Legal Implications in the Philippines
✅ Interview:
If the person is not under custodial investigation, statements made can be admissible
even without counsel.
But if the line of questioning becomes accusatory or leads to self-incrimination,
interview may convert into interrogation.
🚨 Interrogation:
Once a suspect is taken into custody or their liberty is restrained, the law requires full
compliance with:
o Article III, Sec. 12, 1987 Constitution
o R.A. 7438 (Rights of persons under custodial investigation)
o People v. Galit (G.R. No. L-51770, March 20, 1985)
o People v. Mahinay (G.R. No. 122485, February 1, 1999)
Failure to comply results in inadmissibility of any confession or admission obtained.
IV. 🎯 Techniques Used
Interview Techniques Interrogation Techniques
Open-ended questions Direct and pointed questions
Building rapport Psychological pressure or appeal to conscience
Active listening Repetition and confrontation with evidence
Clarifying facts Isolation, strategy, and scenario playing
Non-verbal cues observation Control of physical setting and timing
V. 📌 Important Doctrines and Rules
Custodial Investigation Rule: Begins when the person is arrested and questioned with
the intent to gather incriminating information. This converts the interview into
interrogation, invoking full constitutional protections.
Miranda Doctrine: Must be read before interrogation begins. Any waiver of rights must
be in writing and with counsel present.
Fruit of the Poisonous Tree Doctrine: Any evidence obtained from an illegal
interrogation (without observing rights) is inadmissible.
VI. 🧾 Summary Table
Criteria Interview Interrogation
Stage Preliminary / fact-finding Custodial / accusatory
Target Witness, victim, or suspect Suspect or accused
Voluntariness Typically voluntary May be involuntary if rights not respected
Legal Counsel Not required Required under constitutional law
Statements are admissible unless Statements admissible only if rights were
Admissibility
coerced protected
Governing Law Basic procedural rules Constitution, RA 7438, jurisprudence
