What is Crime Against Property?

Crime Against Property are crimes that are directed to a person's belongings,
intellectual properties and money. It includes many common crimes relating to theft or
destruction of someone else's property'. It is any action whether by theft or destruction
and without permission from the rightful owner, to intentionally permanently deprive, or
risk depriving, an individual or commercial entity from their physical or virtual property.

Crimes against property can range from lower level offenses such as shoplifting or
vandalism to high-level felonies including armed robbery and arson. The object of
crimes against property, such as, robbery, bribery, and burglary, is to obtain money,
property, or some other benefit from a victim or destruction of someone else's property
as in the crime of arson. Some such crimes against property do not require the offender
to make off with stolen goods or even to harm a victim, for instance burglary, which only
requires unlawful entry with the intent to commit a crime. While others require the actual
taking of money or property. Moreover, some, such as robbery, require a victim present
at the time of the crime.

Robbery

According to the 1930 Revised Penal Code of the Philippines, any person who, with
intent to gain, shall take any personal property belonging to another, by means of
violence or intimidation of any person, or using force upon anything shall be guilty of
robbery'. Robbery is theft accomplished by violence or the threat of violence. It almost
always requires the presence of a victim who is threatened with bodily harm.

Elements of the Crime of Robbery

The PNP Criminal Investigation Manual (2011), states that the elements of robbery are
as follows":

1. The personal property belongs to another.

2. The unlawful taking of that property.

3. With intent to gain (animus lucrandi').

4. Violence against or intimidation of any person or force upon things.

5. The offense can be committed by a band or with the use of firearms on a street, road
or alley or by attacking a moving train, street car, motor vehicle or airship or by entering
or taking the passenger conveyance by surprise.
6. Other analogous acts.

Robbery with Violence or Intimidation of Persons

Robbery is oftentimes accompanied by violence or intimidation of another person. The

elements of these are as follows:

. The personal property belongs to another.

. The unlawful taking of that property.

. With intent to gain (animus lucrandi).

. The taking is with violence against or intimidation of persons.

Five classes of Robbery with Violence or Intimidation

Robbery with violence or intimidations of persons, takes five classifications,

namely:

1. Robbery with homicide

2. Robbery with rape, intentional mutilation. or the physical injuries

3. Robbery with physical injuries.

4. Robbery committed with unnecessary violence or with physical injuries

5. Robbery in other cases, or simply robbery where the violence against or intimidation
of persons cannot be subsumed by or where it is not sufficiently specified so as to fall
under, the first four.

Robbery by the Use of Force upon Things

Elements of Robbery by the Use of Force upon Things are:

The is taking of personal property:

The personal property belong to another;

The taking is with animus lucrandi;

• The taking is with force upon things.

Robbery in an Inhabited House or Public Building or Edifice Devoted to Worship

The malefactors shall enter the house or building in which the robbery was committed,
by any of the following means (RA 3815, 1930, Section 299):

1. Through an opening not intended for entrance or egress.

2. By breaking any wall, roof, or floor or breaking any door or window.

3. By using false keys, picklocks or similar tools.

4. By using any fictitious name or pretending to exercise

public authority.

Or if the robbery be committed under any of the following circumstances (RA 3815,
1930, Section 299):

1. By the breaking of doors, wardrobes, chests, or any other kind of locked or sealed
furniture or receptacle;

2. By taking such furniture or objects to be broken or forced open outside the place of
the robbery

Inhabited house- means any shelter, ship or vessel constituting the dwelling of one or
more persons, even though the inhabitants are temporarily absent from it when the
robbery is committed.

Robbery in an Uninhabited Place or in a Private Building

The following circumstances is present in Robbery in an Uninhabited Place or in

a Private Building (RA 3815, 1930, Section 302):

1. If the entrance has been effected through any opening not intended for entrance or
egress.

2. If any wall, roof, flour or outside door or window has beenbroken.

3. If the entrance has been effected through the use of false keys, picklocks or other
similar tools.

4. If any dorm, wardrobe, chest or by sealed or closed furniture or receptacle has been
broken.

5. If any closed or sealed receptacle, as mentioned in the preceding paragraph, has

been removed even if the same is broken open elsewhere.

The term "false keys" includes (RA 3815, 1930, Section 305):

1. The tools mentioned in the preceding articles like picklocks.

2. Genuine keys stolen from the owner.

3. Any keys other than those intended by the owner for use in the lock forcibly opened
by the offender.

Brigandage

Brigands, also known as Highway Robbers, are a group of more than three armed
persons forming a band of robbers for the purpose of committing robbery in the
highway, or kidnapping persons for the purpose of extortion or to obtain ransom or for
any other purpose to be attained by means of force and violence (RA 3815, 1930,
Section 306).

According to the Anti-Piracy and Anti-Highway Robbery Law of 1974, Brigandage is the
seizure of any person for ransom, extortion or other unlawful purposes, or the taking
away of the property of another by means of violence against or intimidation of person
or force upon things of other unlawful means, committed by any person on any
Philippine Highway

Theft

According to the 1930 Revised Penal Code of the Philippines, theft is committed by any
person who, with intent to gain but without violence against or intimidation of persons
nor force upon things, shall take personal property of another without the latter's
consent.

Theft is also committed by the following (RA 3815, 1930, Section 308):

1. Any person who, having found lost property, shall fail to deliver the same to the local
authorities or to its owner;

2. Any person who, after having maliciously damaged the property of another, shall
remove or make use of the fruits or object of the damage caused by him; and
3. Any person who shall enter an enclosed estate or a field where trespass is forbidden
or which belongs to another and without the consent of its owner, shall hunt or fish upon
the same or shall gather cereals, or other forest or farm products.

Four Modes of Theft

1. Asportation. It is the carrying away of someone else's property that is an element of

larceny." The taking away is accomplished without violence or intimidation against a
person or force upon things.

2. Lost Property- The perpetrator finds a lost item/ Property and failed or did not intend
to deliver the lost property to its rightful owner (Del Puerto, 2021).

3. Damage to Property- The offender maliciously damages the property of others, and
he removes or makes use of the fruits or objects of the damage caused by him (Del
Puerto, 2021).

4. Hunting or Gathering- The violator enters an enclosed estate or a field without any
consent of the owner, and where trespass is forbidden. He hunts or fishes, or gathers
crops without the consent of the owner (Del Puerto, 2021).

Qualified Theft

Qualified theft is a crime of theft committed by the following (RA 3815, 1930, Section
310):

1. A domestic servant,

2. With grave abuse of confidence,

3. If the property stolen is motor vehicle, mail matter or large cattle or consists of
coconuts taken from the premises of the plantation or fish taken from a fishpond or
fishery, or

4. If property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or

any other calamity, vehicular accident or civil disturbance.

Swindling

Swindling also known as Estafa, it is an act of defrauding another person by any of the
following means:

1. Unfaithfulness or abuse of confidence:

a. Altering the quality, quantity,and substance of the subject matter in a contract;

b. Misappropriating or converting someone else's money, goods, or any other personal

property; or denying these from them;

c. Taking advantage of a signature in blank

2. Deceit or fraudulent acts:

a. Using a fictitious identity to deceive another;

b. Altering quality, fineness or weight of anything pertaining to art or business;

c. Issuing unfunded or postdated checks;

d. Availing of services from hotels, restaurants, inns, etc. without paying for them

3. Fraudulent means:

a. Inducing another, through deceit, to sign any document;

b. Resorting to fraudulent practice to ensure success

in a gambling game;

c. Removing, concealing or destroying (in whole or in part) any court record, office files,
document, or any other papers.

According to the Revised PNP Criminal Investigation Manual (2010) the elements of
Estafa are:

1. There is deceit.

There is damage or prejudice to the offended party.

3. The deceit is through unfaithfulness or abuse of confidence.

4. Some by means of false pretenses or fraudulent acts or means.

5. Other analogous acts/

Syndicated Estafa
Syndicated Estafa is a swindling (estafa) that is committed by a syndicate consisting of
five or more persons formed with the intention of carrying out the unlawful or illegal act,
transaction, enterprise or scheme, and the defraudation results in the misappropriation
of money contributed by stockholders, or members of rural banks, cooperative,
"samahang nayon(s)", or farmers association, or of funds solicited by
corporations/associations from the general public.

The following standards by which a group of purported swindlers may be considered as

a syndicate under PD No. 16899:

.They must be at least five (5) in number;

They must have formed or managed a rural bank, cooperative, "samahang nayon,"
farmer's association or any other corporation or association that solicits funds from the
general public.

They formed or managed such associations with the intention of carrying out an
unlawful or illegal act, transaction, enterprise or scheme i.e., they used the very
association that they formed or managed as the means to defraud its own stockholders,
members and depositors.

Malicious Mischief

Malicious mischief are attempts against another's property inspired sometimes by

hatred or a desire for revenge and sometimes by the mere pleasure of destroying."
According to the Revised Penal Code of the Philippines, Any person who shall
deliberately cause the property of another any damage not falling within the terms of the
next preceding chapter shall be guilty of malicious mischief (RA 3815, 1930, Section
327). The elements of the crime of malicious mischief are:""

. That the offender deliberately caused damage to the property of another;

That such act does not constitute arson or other crimes

involving destruction;

That the act of damaging another's property be committed

merely for the sake of damaging it.

Types of Malicious Mischiefs

Types of Malicious mischiefs are (RA 3815, 1930, Section 328): 1. Causing damage to
obstruct the performance of

public functions,

2. Using any poisonous or corrosive substance;

3. Spreading any infection or contagion among cattle;

4. Causing damage to the property of the National Museum or National Library, or to

any archive or registry, waterworks, road, promenade, or any other thing used in
common by the public

Bouncing Checks

Bouncing Checks is an act of making or drawing and issuance of a check without

sufficient funds or credit." This also includes any person who, having sufficient funds in
or credit with the drawee bank when he makes or draws and issues a check, shall fail to
keep sufficient funds or to maintain a credit to cover the full amount of the check if
presented within a period of ninety (90) days from the date appearing thereon, for which
reason it is dishonored by the drawee bank.

Arson

Arson is the intentional burning or setting fire to the property of another or own property
under circumstances which expose to danger the life or property of another.24 The
elements of the crime of Arson are (PNP, 2011, p. 176):

1. Actual burning took place.

2. Actual burning is done with malicious intent.

3. The actual burning is done by a person(s) legally and

criminally liable.

Destructive Arson

According to the Presidential Decree 1613 (1979), it is considered as destructive arson

if the property burned is any of the following:

1. Any ammunition factory and other establishment where explosives, inflammable or

combustible materials are stored.
2. Any archive, museum, whether public or private, or any edifice devoted to culture,
education or social services.

3. Any church or place of worship or other building where people usually assemble.

4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for

transportation of persons or property

5. Any building where evidence is kept for use in any legislative, judicial, administrative
or other official proceedings.

6. Any hospital, hotel, dormitory, lodging house, housing

tenement, shopping center, public or private market,

theater or movie house or any similar place or building.

7. Any building, whether used as a dwelling or not, situated in a populated or congested

area.

Other Cases of Arson

The following are other cases of Arson (PD 1613,1979, Section 3):

1. Any building used as offices of the government or any of its agencies; 2. Any
inhabited house or dwelling;

3. Any industrial establishment, shipyard, oil well or mine

shaft, platform or tunnel;

4. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove or
forest;

5. Any rice mill, sugar mill, cane mill or mill central; and

6. Any railway or bus station, airport, wharf or warehouse.

Special Aggravating Circumstances in Arson 1. If committed with intent to gain;

2. If committed for the benefit of another;

3. If the offender is motivated by spite or hatred towards the owner or occupant of the
property burned;

4. If committed by a syndicate.

Levels of Offense for Arson

According to the PNP Revised Criminal Investigation Manual (2011) here are the level
of offense for the crime of Arson:

1. Attempted Arson

The Suspect gets a rag and soaks it in kerosene with intent to burn the house of the
victim, his enemy. Suspect puts the rag in a combustible portion of the victim's house
and when in the act of striking his match in order to burn the rag soaked with kerosene,
Suspect is arrested by a policeman who happens to pass by.

The Suspect begins the commission of the felony directly by overt acts but does not
fulfill all the acts of execution necessary to produce the felony by reason of the timely
arrival of the policeman.

2. Frustrated Arson

The Suspect, with intent to burn, puts the rag soaked with kerosene in the combustible
part of the victim's house. A lights the rag and while it is burning, Suspect runs away.
Before the fire from the rag consumes any part of the house, the victim discovers it and
extinguishes the fire.

Suspect had already performed all the acts of execution necessary to produce the
felony but the felony was not produced by the reason of the timely arrival of the victim,
which is independent of the will of Suspect.

3. Consummated Arson

The Suspect, with intent to burn, lights a rag soaked with kerosene in the combustible
part of the victim's house. But before the fire was extinguished by the victim, it had
already burned a small portion of the house.

The Suspect had already performed all the acts of execution necessary to produce the
felony. The consummation of the crime does not depend upon the extent of damage
caused. Any charring of the wood or any structure, whereby the fiber of the wood is
destroyed, is already sufficient. It is not necessary that the wood or structure should be
ablaze. Setting fire to the contents inside the building can constitute a consummated
crime of arson, regardless if no part of the building was burned.

Exceptions from Criminal Liability in Crimes against Property

According to the Revised Penal code of the Philippines (1990), No criminal, but only
civil liability, shall result from the commission of the crime of theft, swindling or malicious
mischief committed or caused mutually by the following persons (RA 3815, 1930,
Section 332):

1. Spouses, ascendants and descendants, or relatives by affinity in the same line.

2. The widowed spouse with respect to the property which belonged to the deceased
spouse before the same shall have passed into the possession of another; and

3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.

LEGAL PROVISIONS ON CRIMES AGAINST PROPERTY

Revised Penal Code The Republic Act 3815, of 1930, commonly known as the Revised
Penal Code of the Philippines. It is an act revising the Penal code and other Penal Laws
of the Philippines. It contains the general penal laws of the Philippines. First enacted in
1930, it remains in effect today, despite

several amendments on it.

It consists of two books; the first book deals with the general provisions regarding the
date of enforcement and application of the provisions of the Revised Penal Code, and
regarding the offenses, the persons liable and the penalties (RA 3815, 1930, Book
One). While the second book deals with different categories of crimes and it designated
penalties (RA 3815, 1930, Book One).

The provisions on Crimes Against Property and its corresponding

penalties were presented on Title number 10 of the Book 2. The list of

property crimes enumerated on it are:

1. Robbery,
2. Brigandage,
3. Theft,
4. Usurpation,
5. Culpable Insolvency,
6. Swindling/ Estafa,
7. Chattel Mortgage,
8. Malicious Mischief, and
9. Arson and other Crimes involving Destruction

Computer Crime Investigation

Computer Crime or Cybercrime investigation is the process of investigating, analyzing,
and recovering forensic data for digital evidence of a crime, just like other criminal
investigations; It is a continuous process of searching for evidence and leads. Examples
of evidence in a cyber crime investigation include a computer, cellphone, automobile
navigation system, video game console, or other networked device found at the scene
of a crime. This evidence helps cyber crime investigators determine the perpetrators of
a cyber crime and their intent.

Anti Cybercrime Agencies in the Philippines

In response to the challenges of cybercrime, the Philippines enacted its first law
regulating the internet on June 14, 2000, Republic Act No. 8792 also known as the
Philippine Electronic Commerce Act of 2000, and on September 12, 2012, Republic Act
No. 10175 also known as The Cybercrime Prevention Act of 2012 was signed.” These
two laws are essential in conducting investigation against cyber crime, and in the
prevention of computer crime in general.

Cybercrime Investigation and Coordinating Center

Cybercrime Investigation and Coordinating Center (CICC), was created upon the
approval of Republic Act 10175 or the Cybercrime Prevention Act of 2012, is an
attached agency of, the Department of Information and Communications Technology
(DICT), and is chaired by the DICT Secretary. The powers and functions of CICC are
(RA 10175, 2012, Section 26):
1. To formulate a national cybersecurity plan and extend immediate assistance for
the suppression of real-time commission of cybercrime offenses through a
computer emergency response team (CERT);
2. To coordinate the preparation of appropriate and effective measures to prevent
and suppress cybercrime activities;
3. To monitor cybercrime cases being bandied by participating law enforcement and
prosecution agencies;
4. To facilitate international cooperation on intelligence, investigations, training and
capacity building related to cybercrime prevention, suppression and prosecution;
 5. To coordinate the support and participation of the business sector, local
government units and non-government organizations in cybercrime prevention
programs and other related projects;
6. To recommend the enactment of appropriate laws, issuances, measures and
policies;
7. To call upon any government agency to render assistance in the accomplishment
of the CICC’s mandated tasks and functions; and
8. To perform all other matters related to cybercrime prevention and suppression,
including capacity building and such other functions and duties as may be
necessary for the proper implementation of the Cybercrime Prevention Act.

National Computer Emergency Response Team (CERT)

National Computer Emergency Response Team (NCERT) is a division under the
Cybersecurity Bureau of the Department of Information and Communications
Technology. NCERT is responsible for receiving, reviewing, and responding to computer
security incident reports and activities. This division will also ensure that a systematic
information gathering/dissemination, coordination and collaboration among
stakeholders, especially computer emergency response teams, are maintained to
mitigate information security threats and cybersecurity risks.

Security Operations Center Section

Conducts regular network monitoring security testing, source code analysis,
vulnerability and risk management, and escalation and resolution of cybersecurity
related incidents;
Monitors the system for possible information security threats and injects
countermeasures and remedies.

Incident Response Section

Respond to Cybersecurity incidents reported to the Bureau (internal and external to the
Department);
Monitor the implementation of the information security incident response plan to ensure
that detected and reported incidents are given appropriate immediate action;
Develop well-structured processes for handling and managing information security
events and enabling tools, methodologies and practices.
Digital Forensics Section
Conduct Vulnerability Assessment and penetration testing to Government Agencies;
Provide technical details and analysis of discovered vulnerabilities and criticality to
systems owner;
Examine and evaluate web and network assets to identify security deficiencies.

Cyber Threat Monitoring Section

Collect and analyze data from publicly available sources and feeds regarding cyber
threats;
Collaborate with international and local communities and organization on existing and
new threats in cyberspace;
Develop an effective implementation approach on monitoring and information sharing of
cyber security incidents.

Department of Justice – Office of Cybercrime

Department of Justice Office of Cybercrime (DOJ-OOC), was created under Republic
Act No. 10175 or the Cybercrime Prevention Act of 2012 as the Central Authority in all
matters relating to international mutual assistance and extradition for cybercrime and
cyber-related matters. It also acts as the focal agency in formulating and implementing
law enforcement investigation and prosecution strategies in curbing cybercrime and
cyber-related offenses nationwide (DOJ-OOC, 2018).

National Bureau of Investigation Cybercrime Division

National Bureau of Investigation Cybercrime Division (NBI- CCD), is tasked to
investigate all cyber related crimes punishable under Cybercrime Prevention Act and
related laws, and to establish and maintain an Incident Response Team and Digital
Forensic Section that will be responsible for responding to the current and emerging
cyber threats, and conducting digital forensic examination and analysis,

PNP Anti-Cybercrime Group

PNP Anti-Cybercrime Group (PNP-ACG), is a National Operational Support Unit
primarily responsible for the implementation of pertinent Philippine laws on cybercrimes
and advocating the anti-cybercrime campaign of the PNP.” The capabilities of PNP ACG
are as follows (PNP ACG, n.d.):
Cyber Response
-Cybercrime Investigation.
-Arrest of Cybercriminals
-Seizure of electronic evidence Cyber Security
-Conduct vulnerability assessment
-Conduct penetration testing
-Publish cyber security bulletins
-Conduct cyber security lectures Digital Forensic
-Conduct of computer forensic examination
-Conduct of cell phone forensic examination
-Conduct of video forensic examination

Guidelines for Computer Crime Incident First Responder

Computer Crime Response is the actual police intervention in a computer crime incident
where the acquisition of matters of evidentiary value is traceable within the computer’s
hardware, software, and its network.”
According to the PNP Operational Procedures (POP) Manual (2010), First Responders
needs to be able to protect, seize, and search the same and to be able to recognize
potential evidence, when responding to a computer crime incident, or to a scene of the
crime where computers (or electronic device, digital media, and other similar devices)
are present. In securing and collecting these evidence the following questions serves as
a guidelines in determining its role in the commission of the crime (PNP, 2010, p. 82):
. Is it a contraband or fruit of a crime?
. Is it a tool used for the commission of the crime?
. Is it only incidental to the crime, i.e. being used to store evidence of the crime?
Is it both instrumental to the crime and a storage device for evidence?
After identifying the role of the computer in the commission of the crime, the following
guidelines are essential to any further police intervention should be considered by the
first responder (PNP, 2010, p. 82):
. Is there probable cause to seize the hardware?
. Is there probable cause to seize the software?
. Is there probable cause to seize the data?

Where will the search and seizure be conducted?

Search of computers (or electronic devices, digital media, and other similar devices)
and seizure of data there require a warrant issued by the court. Appropriate collection
techniques shall be used to preserve the data sought to be seized. The evidence seized
shall be subjected to forensic examination by trained personnel. The result of the
forensic examination, as well as the testimony of the forensic expert, shall be made
available during the trial (PNP, 2010, p. 82).

Search and Seizure of Computer

After determining how the computer was utilized in the commission of the crime, and the
legal requirements have been complied with, the following are the guidelines for the
conduct of search and seizure of computer (PNP, 2010, p. 82-83):

1. Secure the Scene.

a. Officer’s safety is always paramount.
b. Preserve the area for potential fingerprints.
c. Immediately restrict access to the computer.
d. Isolate from phone lines.

2. Secure the Computer as Evidence.

a. If the computer is “OFF”, do not turn it “ON”.
b. If the computer is “ON”, do not turn it “OFF”, nor touch its mouse or its
keyboard

3. For Stand-Alone Computer (non-networked).

a. Consult a computer specialist.
b. If specialist is not available:

i. Photograph screen and disconnect all power sources and plugs including those
at the back of the computer;
j. Place evidence tape over each drive slot;
Photograph (or make a diagram) and label parts located at the back of the computer
including its connections;
iv. Label all connectors and cable end to allow reassembly as needed (Example:
“Socket” marked “A” and the “cable End also marked “A”);
If transport is required, pack the components as “fragile cargo” prior to transport;
vi. Keepitaway from magnets, radiotransmitters, and from other hostile environment;
vii. Ensure that only a computer forensic expert conducts the search for any evidence
contained in the computer hardware; and
viii. Ensure that the computer hard disk is duplicated by the forensic expert and the
original is kept by the evidence custodian for future court presentation. Further search
and analysis shall be undertaken using only the imaged disk.

4. For Networked Computers (or business computers)

a. Consult a Computer Specialist for assistance.
b. Do not immediately pull the plug to prevent:

i. Severe damage to the system;

ii. Disrupting the legitimate business; and
iii. Possible liability of the officers.

Investigation on Child Sexual Exploitation Materials

Child Sexual Exploitation Materials or Child Sexual Exploitation is one of the content
related offenses penalized under Section 4 of the Cybercrime Prevention Act of 2012. It
is also penalized under Republic Act 9775 or the Anti-child Pornography Act of 2009.
You sent
The acts in violation of Anti-Child Pornography Act are (RA 9775i ^ 2 2009, Section 4):

Any person, who hires, employs, uses, persuades, induces or coerces a child to
perform in the creation or production of child pornography.
Any person, who produces, directs, manufactures or creates any form of child
pornography and child pornography materials.
Any person, who sells, offers, advertises and promotes child pornography and child
pornography materials.
Any person who possesses, downloads, purchases, reproduces or makes available
child pornography materials with the intent of selling or distributing them.
Any person, who publishes, posts, exhibits, disseminates, distributes, transmits or
broadcasts child pornography or child pornography materials.
Any person, who knowingly possesses, views, downloads purchases or in any way
takes steps to procure, obtain or access for personal use child pornography materials.
Any person who attempts to commit child pornography by luring or grooming a child.
Any acts that violate the confidentiality of records
Other analogous acts.

The evidence needed to file a case for child pornography are (PNP, 2010, p. 337):
Testimonial Evidence – affidavit of the complainant and witnesses

Documentary Evidence – contract of employment/ business permits, photographs,

videos, publications, records, police records, forensic reports and other pertinent
documents

Object Evidence - computers, electronic devices and instruments used in taking and
distribution of pornography and means to control the child victims

Confidentiality of the Child

At any stage of the investigation, prosecution and trial of an offense of child
pornography, the right to privacy of the child must be ensured; as such the following
should be observe (RA 9775, 2009, Section 13a-e):

1. The judge, prosecutor or any officer of the law to whom the complaint has been
Referred to may conduct a closed-door investigation, prosecution or trial;
2. The name and personal circumstances of the child, including the child’s
immediate family, or any other information tending to establish his/her identity
shall not be disclosed to the public;
3. Any record regarding a child shall be confidential and kept under seal. Except
upon written request and order of the court, a record shall be released only to the
following:
a. Members of the court staff for administrative use;
 b. The prosecuting attorney;
c. Defense counsel;
d. The guardian ad litem;
e. Agents of investigating law enforcement agencies and
f. Other persons as determined by the court.
4. Any form of child pornography that is part of the court records shall be subject to
a protective order that provides as follows:
a. Any form of child pornography may be viewed only by the parties, their
counsel, their expert witness and guardian ad litem;You sent
b. Neither form of child pornography nor any portion thereof shall be divulged
to any other person, except as necessary for investigation, prosecution or
trial; and
c. No person shall be granted access to any form of child pornography or
any part of it unless he/ she signs a written affirmation that he/she has
received and read a copy of the protection order; that he/she submits to
the jurisdiction of the court with respect to the protective order; and that, in
case of violation thereof, he/she will be subject to the contempt power of
the court.

5. In cases when prosecution or trial is conducted behind closed doors, it shall be

unlawful for any editor, publisher and reporter or columnist in case of printed
materials, announcer or producer in case of television and radio, producer and
director of a film in case of the movie industry, or any person utilizing the tri-
media facilities or information technology to publish or broadcast the names of
the victims of any case of child pornography.

Procedure of Investigation and Reporting of All Forms of Child Abuse

Police officers shall, in coordination with stakeholders, conduct a timely, thorough and
comprehensive investigation of all child abuse cases, committed within their respective
area of responsibility. The following are the rules of procedure in dealing with all forms
of child abuse (PNP, 2010, p. 73-74):

1. Police officers shall, upon receipt of a complaint or report or information that a

child has been or is being abused, discriminated, exploited, neglected, or
maltreated, discriminated, exploited, abandoned, or is under imminent danger of
being abused or exploited, shall take immediate action thereon, but under no
circumstance shall be beyond forty-eight (48) hours;
2. Police officers shall immediately coordinate with and report the matter to the
Local Social Welfare Development Office (LSWDO) and stakeholders concerned,
 and ensure the provision of the necessary protection measures to the child-
victim;

3. In situations where immediate rescue operations is necessary, the police officers

within whose area of responsibility the incident of child abuse is taking place
shall, without delay, coordinate with the LSWDO and other stakeholders and
prepare the corresponding rescue operations plan;
4. The police officers, together with the other stakeholders/ authorities mandated to
Promote and protect the rights of the child such as the LSWDO, the Barangay or
Municipal or City Health Officer, Barangay Officials in the place where the
incident Occurred or is taking place, the Barangay Human Rights Action Officer
or any officer of The Commission on Human Rights (CHR) in or near the area of
operation shall, without Delay, proceed to the place where the child-victim is
located and execute the rescue Operations plan;
5. Upon rescue of the child-victim, the law enforcers shall turn over the child-victim
to The LSWDO for protective custody;
6. The police officer, together with the LSWDO, shall ensure that the child-victim
shall be Immediately taken to the nearest government medical center or hospital
or clinic for Physical and psychological examination, treatment and/or
confinement;
7. The police officer, in coordination with the LSWDO, shall gather the necessary /
Relevant and material data and evidence to support the filing of appropriate
charges Before the Prosecutor’s Office and trial of the child-abuse case/s before
the court;
8. The police officer shall ensure that the child-victim shall not be subjected or
exposed To multi-victimization in the course of investigation. Hence, the police
officer shall see to it that the interviews and statements of the victim shall be
recorded and/or video-taped; and
9. Investigation of child abuse cases shall be assigned preferably to members of the
Women and Children Protection Desk (WCPD) or in their absence, the police officer
of the same gender who has appropriate trainings on child rights and investigation
and handling of child-abuse cases.
CRIMES AGAINST PROPERTY INVESTIGATION

What is a Crime Investigation?

Investigation is an inquiry, judicial or otherwise, for the discovery and collection of facts
concerning the matter or matters involved.” It is the process of inquiring, eliciting,
soliciting and getting vital information/facts/circumstances in order to establish the truth
(PNP, 2011). Crime Investigation is an ensemble of methods by which crimes are
studied and criminals apprehended. The criminal investigator seeks to ascertain the
methods, motives, and identities of criminals and the identity of victims and may also
search for and interrogate witnesses. 60 It is the lawful, objective, logical search for
people and things useful in reconstructing the circumstances surrounding the
commission of a crime (Sabino-Diangson, 2020, p. 17).

General Principles of Investigation

Criminal Investigation is the collection of facts to accomplish s three-fold aim (PNP,
2011):
1. To identify the suspect:
2. To locate the suspect; and
3. To provide evidence of his guilt.

According to the PNP Revised Criminal investigation Manual (2011), the investigator
must seek to establish the six (6) cardinal points of investigation, namely:
1. What specific offense has been committed;
2. How the offense was committed;
3. Who committed it;
4. Where the offense was committed;
5. When it was committed; and
6. Why it was committed.

What is a Special Crime Investigation

Special Crime Investigation is a special study of modern techniques in the investigation
of serious and specific crimes including murder, homicide, rape, abortion, robbery, arson
kidnapping, blackmail, carnapping and criminal negligence. Its emphasis is on physical
evidence rather than an extra judicial confession, and focuses on specific crimes which
by their nature are difficult and complex to investigate.
Robbery Investigation
Under the Revised Penal Code Article 293-298, the act of gaining, taking any personal
property belonging to another, by means of violence or intimidation of any person, or
using force upon anything is guilty of robbery. The elements of the crime of robbery are
(PNP, 2011, p. 171):
The personal property belongs to another.
The unlawful taking of that property.
With intent to gain (animus lucrandi).
Violence against or intimidation of any person or force upon things.
The offense can be committed by a band or with the use of firearms on a street, road or
alley or by attacking a moving train, street car, motor vehicle or airship or by entering or
taking the passenger conveyance by surprise.

Robbery in an Inhabited House or Edice for Worship and Private Building

The robbery in an inhabited house or public or edifice devoted for worship or in an
uninhabited place or in a private building is punishable under the Article 299 to 302 of
the Revised Penal Code of the Philippines (PNP, 2011, p. 161).
The elements of robbery in an inhabited house or public or edifice devoted for worship
or in an uninhabited place or in a private building are:
The culprit must enter the building where the object to be taken is found.
The entrance is effected by any of the following means through an opening not intended
for entrance, breaking any wall, roof or floor, outside door or window, using false keys,
picklocks or similar tools.
The entrance is not required when the doors (of furniture), wardrobes, chest or sealed
furniture are broken or taking such objects away to be broken outside the place of
robbery.
The evidence needed to file the crime of robbery are
Testimonial Evidence Affidavit of complainant and witnesses
Documentary Evidence photographs, videos, police reports and other documents
Object Evidence – stolen items, weapons and other devices
Other relevant evidence.
Investigation Checklist for Robbery
Here are some of the things that investigators may have to investigate in case of
robberies particularly when it involves serious injuries or the loss of lives.
1.Find out as much as possible about the crime before going to the scene and upon
arrival.
2. Overview. Take your bearings at the crime scene so that you get a rough picture of
the area and what has happened.
3.Start keeping an action log.
4.Cordon off the area or extend the existing cordon if necessary. The perpetrator s route
to and from the scene may need to be cordoned off as well.
5.Make sure that a list is made of the people who enter the crime scene.
6.Pause for thought and start planning. This is where the crime scene analysis starts.
7.Note down your observations continuously. It is a good idea to use a tape recorder.
8.Take a general photograph of the crime scene. Film the scene with a video camera.
9. Search for and collect evidence, objects and reference samples etc. outdoors
10. Search for and collect etc. indoors, ct evidence, objects and reference samples
11. Take photographs continuously. Photograph all the evidence before it is
collected. If Possible, engage a photographer for specialized trace evidence
photography.
12. If the robbery was video/filmed (CCTV), view the video to see where evidence
might Be found.
13. Seize any video recordings and films in still cameras.
14. Draw a sketch. Mark the places where trace evidence and reference samples are
Collected.
15. Write a continuous seizure report.
16. Find out whether the proceeds of the robbery included bait money.
17. Check the crime scene before you leave it. Make sure that you have not
forgotten anything important, such as interrogation reports, memos, equipment
etc.

Entry route
After a robbery, it is important to investigate how the offender got in. It is important to
find the entry route, which is not necessarily a door. Look at the building from the
outside and try to find traces of a break-in or other damage to doors or windows. Check
the function of the lock and check whether there are any pick marks
Ask the victim
Find out from the victim what has been stolen and where there are traces of objects
being moved by the perpetrator. That is the place to look for trace

Latent footwear prints

Paper on the floor is always of interest since there may be latent footwear prints on it.
Collect all paper and then look for footwear prints on the paper at your unit or send the
papers to the Crime Laboratory for examination. There may also be latent footwear
prints on desk pads, chair seats, etc (PNP, 2011, p. 42).

Collection of Evidence
According to the PNP’s Field Manual on Investigation of Crimes of Violence and Other
Crimes (2011), the illustration shows the following types of evidence in connection with
robberies:

Brigandage Investigation
Article 306-307 of the Revised Penal Code of the Philippines, and the Anti-Piracy and
Anti-Highway Robbery Law of 1974, criminalized the act of committing robbery in the
highway, or kidnapping persons for the purpose of extortion or to obtain ransom or for
any other purpose to be attained by means of force and violence by more than three
armed persons or a band of robbers.
The elements of crime of brigandage according to the PNP Criminal Investigation
Manual 2011 are the following:
(The offense is committed by at least four armed persons.
(The offenders formed a band for the purposes of committing any or all of the following:
-Robbery in the highway:
-Kidnap persons for ransom;
-Attain any other purpose through force and violence.
-There is a preconceived or intended victim.
-The evidence needed to file a crime of Brigandage are the following:

1. Testimonial Evidence – Affidavit of complainant and witnesses

 2. Documentary Evidence – photographs, videos, police reports and other
documents

3. Object Evidence – stolen itens, weapons and other devices

4. Other relevant evidence.

Arson Investigation
Arson is penalized under Presidential Decree 1613; and Section 10 of Republic Act
7659 with regards to the imposition of death penalty. Arson is a classic heinous crime
that requires skillful, scientific and systematic investigation procedures. The Bureau of
Fire Protection
(BFP) has the power to investigate all causes of fire and if necessary (RA 6975, 1990,
Section 54), file the proper complaint with the City or Provincial Prosecutor who has
jurisdiction over the case. The elements of the crime of Arson are (PNP, 2010, p.176):
-Any person burning a structure (edifice or building or dwelling).
-The burning is intentional and with intent to damage the property.
-Other analogous acts

Checklist for Investigations of Fire Causes

The tasks and responsibility of the fire arson investigators are not only limited to
conducting exhaustive investigations and filing of complaints with the prosecutor soffice,
but also includes the appearance and giving of testimonies before the court of law
during legal proceedings (PNP, 2010, p.177). Here is a checklist in investigating Fire
Causes (PNP, 2011 р. 50):
1. Find out as much as possible about the fire before going to the scene and upon
arrival. Obtain information from the rescue services, from the owners of the
building, from people who were in it and from neighbors and eyewitnesses.
2. If the fire is still burning or was recently extinguished: Make notes of any
Observations on the way to the scene of the fire. Examples of interesting
observations. Are oncoming vehicles and persons near the fire scene.
3. If the fire is still burning when you arrive: Take photographs, video film and make
a note of the times when different things happen.
4. Cordon off the area or extend the existing cordon if necessary.
 5. Make sure that a list is made of the people who enter the fire scene.
6. Preliminary orientation. Start immediately after the extinction of the fire. Study fire
damage and fire behavior. Decide whether to call in personnel from the SNLFS
or other experts.
7. Preliminary determination of the origin of the fire. Get help from the incident
Commander and the firemen who arrived on the scene first.
8. Initial debris removal. Before debris is removed, the whole building must be
Photographed and video filmed. Both inside and outside.
9. Final debris removal and cleanup. Start from the outside and work towards the
Point(s) of origin. Photograph all objects found before they are moved.
Photograph and Document rooms less affected by fire damage and undamaged
rooms too.
10. Carry out a reconstruction. Put all objects back in their original places.
Photograph And video film the uncovered, area both with and without the objects.
11. Establish the origin of the fire.
12. Investigate any potential fire sources.
13. Establish the possible cause of the fire.

Basic Methods of Fire Investigation

According to the PNP Criminal Investigation Manual (2010), here is the Basic Method of
Fire Investigation:
A. Preservation of the Fire Scene
B. Consider the fire scene itself as evidence.
C. Avoid contamination, loss or unnecessary movement of physical evidence
within the fire scene.
D. Secure the fire scene from unauthorized intrusion.
E. Limit the access in the fire scene to those persons who only need to be
there.
F. Examination of the Fire Scene
G. Examination should be thorough.
H. Analyze fire patterns.
I. Trace fire spread.
J. Identify areas and points of origin.
K. Identify the fuel involved.
L. Establish the corpus delicti by eliminating all natural or accidental causes.
M. Recording the Fire Scene

1. Take photographs of the following:

i. Exterior Views.
ii. Identification of the property/Signage or house addresses number.
iii. Out-building and grounds/ Aerial photographs.
iv. Interior of the building, room by room, in logical sequence. The series of shots should
start at the main door / entrance of the premises going inside. Series of photographs
should also depict unburned areas of the building.
V. Evidence, prior to removal, in close-up and wide angle shots. Use of “Title Sheet” that
shows identifying information of evidence is mandatory (date/location of
evidence/investigating team and other situational information).
vi. Travel of fire or burn and flame spread patterns.
Vii, Label each canister of film used to prevent confusion or loss and maintain
Photographic Log (photo record).

1. Label each canister of film used to prevent confusion or loss and maintain

Photographic Log (photo record).

N. Fire Scene Sketch – A sketch is made to assist investigators in

presenting a clear picture of the involved building to the court. The details
may be general approximation or precise measurements. Supplemented
by photographs, drawings of damage patterns, good documentation of a
fire scene can assist an investigator in re-analyzing a fire scene if
previously unknown information becomes available (PNP, 2010, p. 181).

O. Physical Evidence Examination and Testing

1. Physical evidence should be thoroughly documented before removal.

2. Evidence must be collected, identified, preserved and transported to the
laboratory in the best possible condition. Every effort should be made to prevent
contamination of materials secured as evidence. Containers for evidence may
consist of thick self- sealing plastic bags of various sizes, clean glass mason jars
with rubber washers and screw tops, metal cans with clean pressure or plastic
lids, clean glass bottles with screw caps, and card-board or plastic boxes of
assorted sizes.
3. Maintain the security and integrity of physic*epsilon evidence from the time of its
initial recovery and collection to its subsequent examination and testing.
 4. Evidence containing latent prints should be protected so as not to smudge or
destroy the prints.
5. A letter of instruction should be sent to the laboratory with the evidence,
describing the same and what the investigator expects the laboratory technician
to recover via the various laboratory processes.
6. Sources of Information
a. Preliminary interview with the owners/occupants
i. This interview is conducted to ascertain the name(s) of owner(s)/
occupant(s), insurance data, employment, etc.
ii. Nothing should be said or implied during this interview to indicate any
suspicion about the person interviewed.

Information obtained in these preliminary contacts may provide a possible clue as to an

accidental fire, or leads on possible suspects and motives.
b. Insurance Firm

The insurance agent or broker will provide the name of the company/les, policy
number(s). terms of the insurance and expiration dates, mortgage payable clause,
name of the adjuster, and whether or not the insurance was in the period of
cancellation.
iii. It should also be ascertained, from the agent/broker who solicited the
business, who suggested the amount of coverage and whether the
premium payment was current or delinquent.
iv. The insurance adjusters can provide complete insurance information
regarding the loss.
v. Adjusters can also supply any statements taken from the assured and
can be able to provide a sworn proof of loss, which will include specific
items claimed to be damaged or lost and which may provide the
investigator with information indicating an attempted fraud.
vi. Should the investigation indicate probable fraud, the adjuster can
request the interested insurance company/ies to withhold payment
during the course of the investigation.

c. Neighborhood Inquiry
i. When conducting a neighborhood inquiry, interview persons within a wide area of
the surrounding community. Interview the person who discovered the fire, how
he/she happened to be in the area, the location of the fire when initially observed
and other pertinent facts.
ii. Interview the person who turned on the alarm.
iii. Obtain observations from neighbors concerning the fire, prior to, during and after the
fire.
iv. Ascertain the relationship of the owners(s)/ occupants(s) with the neighbors.
V. Witness(es) may be able to provide information relative to the insured s domestic life,
financial condition, anticipated sale of the property and problems with the property such.
As flooding, heating, change of routes, etc.
vii. It is sometimes useful to take statements from any witnesses who
appear to be Hostile or who may later change their testimonies.

d. Public Records

i. Legal records: deeds, mortgages of real estate and chattels; liens, encumbrance;
local And national taxes; hospital and mental records.

ii. Financial and-eredit information: building and loan associations; charge accounts;
public utilities (i.e., gas, water, electricity, telephone) servicemen (i.e., newsboy,
milkman,

Questioning Principal Suspects

Prior preparation will determine when the investigator should conduct the initial
questioning. All background information pertaining to the suspect and the matter under
investigation should be known to the investigators prior to the interview (PNP, 2010, p.
183). Principal witnesses should be questioned separately. The fewer the investigators
present at the interview (two is an ideal team), the more prone the suspect will be to
divulge information (PNP, 2010, p. 184).

Guidelines Regarding Statements

Tape-recorded statements-It should be made on a permanent recording, for their
preservation to avoid any alterations and to ensure their availability to the court, if
necessary. Once started, a tape recorder should operate continuously. If for any reason
the recorder is shut off, the subject should be made aware of this and when the
recording is resumed, the reason for shutting off the recorder should be noted. The
subject should be asked if he/she was promised of any reward, threatened, or forced to
continue his/her statement (PNP, 2010, p. 184).
Shorthand Notes- the stenographer should be introduced to the subject. Some
investigators request the subject to initial all pages of the shorthand notes.
Statements may be narrative or question-and-answer type. There may be times when
the subject will write his own statement, and this is desirable (PNP, 2010, p. 184).
Statements should contain a complete personal history of the principal subject,
associates, complete and accurate account of the purchases, lease of rental of the
involved property, any strikes, personnel problems, loss of business, neighborhood
change, highway changes, inventory, a complete account of his activities, prior to,
during and after the time of fire, etc.

INTERROGATION AND INVESTIGATIVE INTERVIEW

What is Interrogation?
Interrogation is a process of questioning by which police obtain evidence. 74 The
purpose of an interrogation is to elicit from the suspect or from his or her relatives c
associates information that they may be suppressing in order to protect the suspec from
being subjected to criminal prosecution (Galero-Müftüoğlu, 2017, p. 187). Interrogation
process is largely outside the governance of law except for rules concerning the
admissibility at trial of confessions obtained through interrogation a limitations on the
power of police to detain suspected persons against their will.

Three Objectives of Interrogation

Aside from obtaining information detrimental to a suspect’s case, the following are the
three objectives of interrogation (Galero- Müftüoğlu, 201 188):
1. Establish the innocence of a suspect by clearing up facts that seem to point to gu
2. Obtain from the suspect or relatives and friends of the suspect:
a. The names of accomplices;
b. The facts and circumstances surrounding the crime;
c. Follow-up leads provided unwittingly, or with ulterior motive, such as
faking an alil
d. The location of stolen goods;
e. The location of physical evidence, such as documents, a weapon, or a
burglar’s to
3. Obtain from the suspect alone:
 a. Admission-it refers to the express or implied statement tending to support
the suspect’s involvement in the crime, but insufficient by itself to prove
guilt;
b. Confession-it pertains to an oral or written statement acknowledging guilt.

What is an Investigative Interview?

Interview is defined as a structured conversation where one person or the “interview
Seeks to gather information from another or the “interviewee” as part of any
investigation or intelligence operation. The objective is to obtain accurate and reliab
information while respecting human rights; eliciting facts is the aim, not a confessic In
the process of interviewing suspects there is the added potential goal of obtainin
admission of guilt or a confession. However, this must not be the primary or sole
purpose of the interview as even a confession must be substantiated information an
evidence. This will reduce the likelihood of a false confession and will also enable
officers to present a stronger case eagainst the suspect, should a confession later
retracted.”

Investigative interviewing, is a technique developed by practitioners to respond to the

large body of scientific evidence that abusive and coercive techniques elicit unreliable
information. It uses building rapport with the interviewee, which prevents abusive
practices, and also improves the collection and reliability of information. It is a non-
coercive approach using open questions to improve the flow of communication and
information (Norwegian Center for Human Rights, 2017).

Goals of Investigative Interview

1. Eliciting more accurate and reliable information during interviews.
2. Strengthening the capacity, efficiency, and professionalism of interviewers.
3. Eliminating reliance on unlawful, ineffective, and counterproductive coercive
Questioning techniques.
4. Providing successful, affordable, and accessible methods and practices with
minimal resources.
5. Delivering more effective information-gathering operations.
6. Fostering greater public trust in and cooperation with criminal justice institutions
7. Ensuring that no person is subjected to coercion, torture or other forms of ill
treatment.
8. Protecting the physical and mental integrity of all persons who interact with public
authorities.
INTERROGATION/INTERVIEW TECHNIQUES

Reid Method
Reid Method, also known as The Reid Technique of Interviewing and Interrogation, is
the interrogation technique widely used by police departments. The Reid Technique
involves three components namely:

A. Factual Analysis
It is an inductive approach where each individual suspect is evaluated with respect to
specific observations relating to the crime. It relies not only on crime scene analysis, but
also on information learned about each suspect. Its goal is establishing an estimate of a
particular suspect’s probable guilt or innocence based on such things as the suspect’s
bio-social status like: gender, race, occupation, marital status, etc., opportunity and
access to commit the crime, their behavior before and after the crime, their motivations
and propensity to commit the crime, and evaluation of physical and circumstantial
evidence (Inbau, F., Reid, J.E., Buckley, J. et d .,2013,p . 89).
It is also intended to identify characteristics about the suspect and the crime which will
be helpful during an interrogation of the suspect believed to be guilty such as motive or
the suspect’s personality type (Inbau, F., Reid, J.E., Buckley, J. et al., 2013, p. 99).

B. Behavior Analysis Interview

It is a non-accusatory question and answer session, involving both standard
investigative questions and structured ‘behavior provoking questions to elicit behavior
symptoms of truth or deception from the person being interviewed. The investigator first
asks background questions, to establish personal information about the suspect And
allow the investigator to evaluate the suspect’s normal verbal and nonverbal Behavior.
The investigation then asks behavior-provoking questions intended to elicit different
Verbal and nonverbal responses from truthful and deceptive suspects (Inbau, F., Reid,
J.E., Buckley, J. et al., 2013, p. 63). The investigator will also ask some investigative
Questions during this stage. It provides objective criteria to render an opinion about the
Suspect’s truthfulness through evaluating responses to the behavior-provoking and
Investigative questions.
 C. Interrogation (NINE Steps)
An interrogation only occurs when the investigator is reasonably certain of the
suspect’s.
Involvement in the issue under investigation
This is composed of Nine steps they are:
1. Direct, Positive Confrontation. This is where the investigator tells the suspect
that Subset the evidence demonstrates the person’s guilt. If the person’s guilt
seems clear to the investigator, the statement should be unequivocal
2. Theme Development. This is where the investigator presents a moral justification
(theme) for the offense, such as placing the moral blame on someone else or
outside circumstances. The investigator presents the theme in a monologue and
in a sympathetic manner (Inbau, F., Reid, J.E., Buckley, J. et al., 2013, p. 115).
3. Handling Denials. When the suspect asks for permission to speak at this stage,
likely to deny the accusations, the investigator should discourage allowing the
suspect to do so. The innocent suspects are less likely to ask for permission and
more likely to promptly and unequivocally deny the accusation. It is very rare for
an innocent suspect to move past this denial state (Inbau, F., Reid, J.E., Buckley,
J. et al., 2013, p. 139).
4. Overcoming Objections. When attempts at denial do not succeed, a guilty
suspect often makes objections to support a claim of innocence, phrases such as
I would never do that because I love my job are commonly used. The investigator
should generally accept these objections as if they were truthful, rather than
arguing with the suspect, and use the objections to further develop the theme
(Inbau, F., Reid, J.E., Buckley, J. et al., 2013, p. 149).
5. Procurement and Retention of Suspect’s Attention. The investigator must procure
the suspect’s attention so that the suspect focuses on the investigator’s theme
rather than on punishment. One way the investigator can do this is to close the
physical distance between himself or herself and the suspect. The investigator
should also channel the theme down to the probable alternative components
(Inbau, F., Reid, J.E., Buckley, J. et al., 2013, p. 155).
6. Handling the Suspect’s Passive Mood. The investigator needs to intensify the
theme presentation and concentrate on the central reasons he or she is offering
as psychological justification and continue to display an understanding and
sympathetic demeanor in urging the suspect to tell the truth (Inbau, F., Reid, J.E.,
Buckley, J. et al., 2013, p. 161).
7. Presenting an Alternative Question. The investigator should present two choices,
assuming the suspect’s guilt and develop as a logical extension from the theme,
with one alternative offering a better justification for the crime e.g., “Did you plan
this thing out or did it just happen on the spur of the moment? The investigator
may follow the question with a supporting statement “which encourages
 thebsuspect to choose the more understandable side of the alternative (Inbau, F.,
Reid, J.E., Buckley, J. et al., 2013,p. 168).
8. Having the Suspect Relate Details of the Offense After the suspect accepts one
side Of the alternative thus admitting guilt, the investigator should immediately
respond with A statement of reinforcement acknowledging that admission. The
investigator then Seeks to obtain a brief oral review of the basic events, before
asking more detaile Questions (Inbau, F., Reid, J.E., Buckley, J. et al., 2013, p.
176).
9. Converting an Oral Confession to a Written Confession. The investigator must
Convert the oral confession into a written or recorded confession. The website
Provides some guidelines, such as repeating Miranda warnings, avoiding leading
Questions, and using the suspect’s own language.

PEACE Method
PEACE model (Planning and Preparation, Engage and Explain, Account, Closure,
Evaluation), developed in the United Kingdom in response to a number of documented
Forced confessions and associated wrongful convictions in the 1980s and ‘90s
(Norwegian Center for Human Rights, 2017).

Step One: Planning and Preparation

It is one of the most important steps in investigative interviewing; without it, interviews
May fail before they even begin. Planning-refers to the process of getting ready to
Interview, both mentally and strategically. Preparation- covers what needs to be ready
Prior to the interview such as the location of the interview, the environment, as well as
Technical and administrative matters.

Essential Elements of Good Planning

→Obtain as much background information as possible on the incident under
Investigation, including all relevant information on the person to be interviewed.
→Understand the purpose of the interview based on an investigation plan recognizing
all the relevant and competing hypotheses to be explored, including the possibility that
the suspect is innocent
→Assess what additional information is needed and how it can be best obtained
→Follow the legislation and associated guidelines and rules
→Prepare the technicalities of the interview (attending to exhibits, logistics, venue,
equipment functioning, seating, lawyer, interpreter, and so on) (Norwegian Center for
Human Rights, 2017).

Step Two: Engage and Explain

Engaging the interviewee and establishing rapport is the first step to encouraging a
conversation. It is the most influential factor in ensuring productive interviews
(Norwegian Center for Human Rights, 2017). At the outset the interviewee must be
informed why they have been brought in for questioning and of the formalities that
apply. Officers must be aware that being interviewed can make people nervous and
conversation that calms the interviewee may be needed. However, interviewers shall
not work towards a pretend “friendship” with interviewees.
The aim Is to engage the interviewee so that a cooperative and relaxed relationship
(one that stimulates memory and communication) is sustained throughout the interview
(Boyle, and Vullierme, 2015, p. 23). In engaging with the interviewee the officer should
seek the following (Norwegian Center for Human Rights, 2017):
1. Create an empathetic and respectful relationship from the outset
2. Explain the reasons, background, rights, formalities and procedures for the
interview, including information about audio/video recording
3. Establish certain ground rules by telling interviewees:
→That what they have to say is important so they need to report everything they can
and try their hardest not to leave anything out
→Not to edit as they go even if they believe some information has no relevance to the
matter being investigated
→That they need to concentrate because striving to retrieve memories can be hard.
Work
→That they should feel free to speak up if the officer: asks a question they do not
understand, asks a question they do not know the answer to; misunderstands what the
interviewee has said; asks a leading or inappropriate question

Step Three: Account

Interviewers should allow the interviewee to present their uninterrupted free account of
the case or event under investigation; this is after establishing the rapport and
explaining the ground rules for the interview. It is important that the interviewee is
provided with the opportunity to present their side of the story, before more detailed
questions are asked (Norwegian Center for Human Rights, 2017).
Three main steps in getting the free account from the interviewee:
1. Introduce and explain the form and purpose of the free and uninterrupted
account
2. Hand over the initiative (“give the floor”) to the victim, witness or suspect (as
Applicable)
3. Employ active listening while the interviewee presents the free and uninterrupted
Account

Active listening assists the interviewer to establish rapport and help elicit a full and
Accurate account. Use TED’S PIE: Tell me, Explain, Describe Show Me-Precisely, I
Detail, Exactly. Using this approach helps build rapport and prevents the interviewer
Contaminating the account being given. The TED’S PIE-approach makes use of
Encouragements/ invitations to obtain an account (Norwegian Center for Human Rights,
2017).

Types of Questioning

Open-ended Questions
Refers to the questions that allow the suspect to reply with longer, more detailed
responses and lack direction from the interviewer. These can be questions such as;
“What happened?” or questions that begin by asking the suspect to tell”,
“explain”or”describe some event or situation (Boyle, and Vullierme, 2015, p. 26).

Closed Questions
Refers to the questions that require more definite and distinct answers. Examples
include, “What time was that?”, “Who else was present?”, “What is his address?” Such
questions allow more control over what the suspect says and are useful where the
suspect has left out information that you need. However, they can limit the account
given (Boyle, and Vullierme, 2015, p. 26).

Forced-choice Questions
Refers to the questions that greatly restrict the possible answers to those that you have
determined. The question may be “Was it a rifle or a handgun?” when the weapon may
have been a shotgun. The suspect may simply pick one of the choices offered in order
to please the interviewer or just move the questioning on. You should avoid these as
they don’t suggest an open mind, and because answers may lie outside those
conceived of by the interviewer. Do not limit the interview in this way (Boyle, and
Vullierme, 2015, p. 26).

Multiple Questions
Refers to the questioning where the interviewer asks more than one question at the
same time. This can easily confuse an interviewee and make the answers given equally
confusing to the interviewer. An example would be to ask, “When did he say that and
what did he do and who else was present?” (Boyle, and Vullierme, 2015, p. 26).

Leading questions
Refers to the questions that induce a particular reply and may be judged to have
manipulated the interviewee. An example would be to ask, “You wanted to injure him,
didn’t you?” They can lead the suspect to the point where they agree with what is being
said even where they are uncertain or have no clear memory (Boyle, and Vullierme,
2015, p. 26).

Step Four: Closure

As the interview comes to an end, the interviewing officer should explain what will
happen next by giving the interviewee appropriate information about the next stages of
the process: for example, inform suspects of potential pre-trial detention, tell witnesses
whether or not they should exp expect to attend court, etc. (Norwegian Center for
Human Rights, 2017).

Finally, the interviewee should be asked if they have any questions for the interviewing
Officer at this stage. This has little or no real effect if the communication has been
Coercive. However, if the interview has been conducted as outlined above, this question
May add to the interviewee’s perception of having been treated fairly (Boyle, and
Vullierme, 2015, p. 26).

The goal of closure are the following (Norwegian Center for Human Rights, 2017):
1. Ensure there is a mutual understanding of the interviewee’s account by reviewing
and Summarizing it
2. Verify that all aspects have been sufficiently covered by checking that
interviewee Have given all the information they are able and willing to provide
3. Secure the integrity and dignity of the interview, the legitimacy of any subsequent
Criminal proceedings, and keep channels open for future communication
Step Five: Evaluation
This is the phase wherein the interviewer evaluates the entire process of the interview
And determines if his objectives were met. He also evaluates the method he used in
Acquiring useful statements from the witness, victim, or suspect and the effectiveness
Of said method (Galero-Müftüoğlu, 2017, p. 186).
If the interview is evaluated by a supervisor, senior officer or colleague, make sure that
the interviewing officers are given the opportunity to comment on their own
performance, before the evaluator gives their points, starting with what was positive,
moving on to what could be improved next time (Norwegian Center for Human Rights,
2017).

Kinesic Interview Method

Kinesic Interview Method involves analyzing a person’s behavior to assess deception
(Orlando, 2014). The study of kinesics focused on the observable outward physical
behavior of the body in order to ascertain the person’s current emotional state and the
role the body plays in communicating the information. 83 It states that, by understanding
the vocabulary of the body language, along with the diagnosis of a person’s verbal
output, an interviewer could more easily assess a person’s truthfulness or deception
regarding current issues under discussion (Walters, 2002, p. 2). It has two phases: the
Practical Kinesic Analysis Phase; and the Practical Kinesic Interrogation Phase.

Practical Kinesic Analysis Phase

During the analysis phase, the interviewer uses several techniques to observe and
analyze the subject’s behavior in order to determine the subject’s truthful and deceptive
behaviors or at least to determine those areas most sensitive to the subject and,
therefore, in need of further attention through verbal inquiry. It recognizes the cues of
truthful and deceptive behavior generated by the subject through:

1. Verbal Cues – this involves the identification of symptoms of speech quality and
content which give the interviewer the most productive body of data necessary to
determine truth and deception.

2. Practical Kinesic Statement Analysis – Assessment of truth and deception

through the use of verbal cues coupled with methods of human recall and
symptoms made self -evident in the statement taking process.
 3. Body Language Cues-It refers to the observable body language cues of
deception that are unbalanced or inconsistent in relation to the speech cues or
emotional symptoms generated by the subject at the same time.

4. Kinesic Subject Control- It refers to the various techniques available to the

Interviewer to take control and command of the interview environment. From
proxemics to mirroring or the use of enhanced information gathering skills.

5. Confession Behaviors - It is the verbal and nonverbal acceptance cues

generated by a subject who is prepared to give an admission of confession.

Practical Kinesic Interrogation Phase

Practical Kinesic Interrogation Phase involves the interviewer determining the subject’s
frame of mind in response to the interview stress. It also helps the interviewer in
determining if the subject is suffering from personality disorder or psychosis. It also
Helps the. Interviewer determine the subject’s personality type which enables him to
Understand how the subject thinks and to determine the subject’s strengths to be
Avoided and the weaknesses that can be exploited. Lastly it will help the investigator in
Determining the defense mechanism of the subject which keeps the subject from
Having to face the reality of his actions; and by identifying and disarming these
Mechanisms, the interrogator can obtain admission or confession (Walters, 2002, p. 3).

Guidelines on Custodial Investigation

According to the PNP Operational Procedures Manual (2011), the duties of the Police
During custodial investigation are as follows:
1. The arresting officer, or the investigator, as the case may be, shall ensure that a
Person arrested, detained or under custodial investigation shall, at all times, be
assisted By counsel, preferably of his own choice (PNP, 2011, p.33);
2. The arresting officer, or the investigator, as the case may be, must inform the
person Arrested, detained or under custodial investigation of the following rights
under the Miranda Doctrine in a language or dialect known to and understood by
him (PNP, 2011, p.33):
a. That he has the right to remain silent;
b. That if he waives his right to remain silent, anything he says can be used in
evidence Against him in court,
c. That he has the right to counsel of his own choice
d. that. If he cannot afford one, he shall be provided with an independent and
competent counsel; and
e. That he has the right to be informed of such rights.

3. If the person arrested, detained, or under custodial investigation opted to give a

sworn statement, the arresting officer, or the investigator, as the case may be,
must reduce it in writing (PNP, 2011, p.34). You sent
4. The arresting officer must ensure that, before the sworn statement is signed, or
thumb marked, if there is inability to read and to write, the document shall be
read and adequately explained to the person arrested, detained or under
custodial investigation by his counsel of choice, or by the assisting counsel
provided to him, in the language or dialect known to him (PNP, 2011, p.34);
5. The arresting officer, or the investigator, as the case may be, must ensure that
any extrajudicial confession made by a person arrested, detained or under
custodial investigation shall be (PNP, 2011, p.34):
a. In writing;
b. Signed by such person in the presence of his counsel; or
c. In the latter’s absence, upon a valid waiver, and in the presence of any of
the parents, elder brothers and sisters, his spouse, the municipal mayor,
the municipal judge, district school supervisor, priest, imam or religious
minister chosen by him.
It is important to note that failure of the arresting officer, or the investigator, to
observe the above mentioned procedures shall render the extrajudicial confession
inadmissible. As evidence in any proceeding (PNP, 2011, p.34).

6. The arresting officer, or the investigator, as the case may be, must, under
established regulations, allow the person arrested, detained, or under custodial
investigation visits by or conferences with the following:
a. Any member of his immediate familys,
b. Any medical doctor,
c. Priest, imam or religious minister chosen by him or by any member of his
immediate family or by his counsel, or by any local Non-Governmental
Organization (NGO) duly accredited by the Commission on Human Rights
(CHR) or by any international NGO duly accredited by the Office of the
President.
7. After interrogation, a person under custodial investigation shall have the right to
be informed of his right to demand physical examination by an independent and
competent doctor of his own choice. If he cannot afford the services of a doctor
of his Own choice, he shall be provided by the State with a competent and
independent doctor To conduct physical examination. If the person arrested is
 female, she shall be attended To preferably by a female doctor (PNP, 2011, p.34-
35).

The physical examination of the person under custodial investigation shall be

Contained in a medical report, which shall be attached to the custodial investigation
Report.