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CDI 3 SPECIALIZED CRIME AND INVESTIGATION 2 (WITH SIMULATION ON INTERROGATION AND

INTERVIEW)

ARREST, RAID, SEARCH AND SEIZURE

A. ARREST

1. Arrest defined. Arrest is the taking of a person into custody so he can answer for the commission of an
offense.

2. Who are Exempt from Arrest?

a) Senators or Members of the House of Representatives, while congress is in session, in all offense
punishable by not more than six (6) years imprisonment. [Sec. 11. Art. VI, 1987 Constitution.]

b) Diplomatic officials and their domestics. [Rep. Act No. 75.]

3. Duty of Arresting Officer. It shall be the duty of the officer executing the warrant without unnecessary delay
to arrest the accused and to deliver him to the nearest police station or jail. [Sec. 3, Rule 113, Rules of Court.]

4. Techniques in Making Arrest.

a) Initial contact with subject.

(i) Investigator/operative identifies himself in a clear and audible voice.
(ii) Show identification.
(iii) Inform the subject that he is under arrest.
(iv) Consider the possibility that the subject is wanted for other crimes.
(v) Methods of arrest:

[1] With warrant of arrest -- The officer shall inform the person to be arrested of the cause of arrest and of
the fact that a warrant has been issued for his arrest, except when he flees or forcibly resist before the
officer has opportunity so to inform him or when the giving of such information will imperil he arrest. The
officer need not have the warrant in his possession at the time of the arrest but after the arrest, if the person
arrested so requires, the warrant shall be shown to him as soon as practicable. [Sec. 7, Rule 113.]

[2]Without a warrant of arrest -- The officer shall inform the person to be arrested of his authority and
the cause of his arrest, unless the person to be arrested is then engaged in the commission of an offense or
is pursued immediately after its commission or after an escape, or flees or forcibly resist before the officer has
opportunity so to inform him, or when the giving of such information will imperil the arrest.

b) Investigator’s / operative’s conduct.

(I) Be natural and pleasant but forceful and aggressive.

(ii) Dominate the situation.
(iii) Voice must command authority.
(iv) Demand prompt and absolute obedience.
(v) Nervousness should be controlled.
(vi) Avoid acting “tough” as the subject will be first to detect it.
(vii) Avoid profanity (this reflects personality weakness.)
(viii) Avoid being reticent or apologetic.
(x) Investigator in charge does the talking and gives the command.
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Life of a Warrant of Arrest. A Warrant of Arrest, even if not served within the statutory period, remains valid
unless recalled by the issuing court, or if the accused is arrested or has voluntarily submitted himself to the
jurisdiction of the issuing court, unlike a search warrant which has a lifetime of only. Ten (10) days from its date
of issuance.

6. When Arrest May be Legally Effected.

a) In general, an arrest can be validly effected only upon lawful order or warrant of competent
court or judge.

b) Lawful Warrantless Arrest:

(I) When, in the law enforcer’s presence, the person to be arrested has committed, is actually committing,
or is attempting to commit an offense. [Sec. 5 (a), Rule 113.] (See the case of Umil v. Ramos, G. R. No. 81567,
under Appendix “A-2’.)

(ii) When an offense has in fact just been committed, and the officer has personal knowledge of facts
indicating that the person to be arrested has committed it. [Sec. 5(b), ibid.] (See the case of Nazareno v. Station
Commander, G.R. No. 86332, October 3, 1991, under Appendix “A-2’.)

(iii) When the person to be arrested is a prisoner who has escaped from a penal establishment or place
where he I serving final judgement or temporarily confined while his case is pending, or has escaped while being
transfer from one confinement to another. [Sec. 5(c), ibid.] (iv) If a person lawfully arrested escapees or is
rescued, any person may immediately pursue to retake him without a warrant at any time and in any place within
the Philippines. [Sec. 13, ibid.](v) When the arrest is made by a bondsman for the purpose of surrendering the
accused. [Sec. 20, Rule 114.]

(vi) Where the accused released on bail attempts to leave the country without court permission. [Ibid.]

(vii) Violation of conditional pardon, punishable under Art. 159 of the Revised Penal Code as a case of
evasion of service of sentence.

7. Planning the Arrest.

a) This is a responsibility of the chief team leader or officer acting in his absence.
b) If the arresting party is composed of two (2) or more members, somebody must be placed in charge,
preferably the most experienced.
c) Consider the arresting party and covering party.
d) Consider protection of innocent bystanders.
e) Prevent escape of subject.
f) Make a discreet reconnaissance of the area.
g) Determine weapons and equipment needed.
h) Consider superiority of manpower and firepower.
I) Make the plan simple enough to be understood by the least experienced operative/investigator.
j) Consider the element of SURPRISE. (Daybreak has proven satisfactory for a number of successful
arrests.)
k) Consider SPEED in the execution of the plan.
l) Consider overall coordination.
m) Consider concealment or cover that might be available both in effecting the arrest and removing the
subject from the building.
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n) The briefing officer should ask the participants if they have any questions regarding the plan.

8. Who May Execute Arrest. Among others, members of the PNP and the NBI may effect arrests.

9. How to Effect Arrest.

a) In General. An arrest is made by an actual restraint of the person to be arrested, or by his

submission to the custody of the person making the arrest.

No violence or unnecessary force shall be used in making an arrest, and the person arrested shall not
be subjected to any greater restraint than is necessary for his detention. [Sec. 2, Rule 113.]
b) Making the Arrest:
(i) Use good judgement in connection with the arrest.
(ii) Assume that the subject is armed and will take your life if given an opportunity.

c) Arrest on the Street:

(i) This should be made from the side or fear when possible.
(ii) Subject should be forced toward a building.
(iii) Avoid congested areas when possible.

d) Arrest at Home, Office or Business Establishment :

(i) Restrict the subject’s movement. Do not grant request for personal privileges before being
searched.
(ii) Clothing and other things requested should be examined for weapons or items of evidence
before turning them over to the subject.

10. Territorial Effectivity of a Warrant of Arrest. Warrants of arrest issued by Metropolitan Trial Courts,
Municipal Trial Courts or Municipal Circuit Trial Courts can be served any where in the Philippines without
a certification by a judge of the Regional Trial Court. [Supreme Court Circular No. 14, 22 Oct 85.]

11. Duty of Person Making an Arrest Without a Warrant. Any person making an arrest on legal grounds
shall, without unnecessary delay and within the time prescribed under Art. 125 of the Revised Penal Code,
take the person arrested to the proper court or judge for appropriate action. However, it is not the physical
delivery of the arrested person that is required under Art. 125 of the RPC, but the filing of an information
against the arrested person in the proper court, where the judge has the authority to issue an order of
release or if confinement.

12. Periods Within Which Person Arrested Without a Warrant Should be Charged in the Proper Forum:
Executive Order No. 272, dtd 25 July 1987, amended Article 125 of the Revised Penal Code by extending
the period authorized to detain a person prior to delivery to the judicial authority , to wit: six (6) to twelve (12)
hours fro crimes or offense punishable with light penalties; nine (9) to eighteen (18) hours for crimes or offenses
punishable with correctional penalties; and eighteen (18) to thirty-six (36) hours for crimes or offense punishable
with afflictive or capital penalties.

13. Right of Attorney or Relative to Visit Person Arrested. Any member of the bar shall, at the request of
the person arrested or of another on his behalf, have the right to visit an confer privately with such person, in
jail or any other place of custody at any hour of the day or, in urgent cases, of the night. This right shall be
exercised by any relative of the person arrested subject to reasonable regulation. [Sec. 14, Rule 113.]
Executive Order No. 155, dated 30 March 1987, amending Republic Act No. 857, penalizes any public officer
who deprives a person of his right to counsel. The penalty
shall be prision correctional or imprisonment of 6 months and 1 day to 6 years.
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14. Medical Examination of Arrested Person/Suspect. Immediately after the arrest of a person ordered
arrested by the court, or of a suspect under investigation, he should be subjected to a medical examination.
Prior to his release or any change of custody , the suspect should also be medically examined by a medico-legal
officer or, in the absence of such medico-legal officer, by any government physician ib the area.

15. Summoning Assistance for the Arrest. Any officer making a lawful arrest may verbally summon as many
person as he deems necessary to aid him in making the arrest. Every person so summoned shall aid him in the
making of such arrest, when he can render such aid without detriment to himself. [Sec. 10, ibid.]

16. Right of Person Arrested. Republic Act No. 7438 states the rights of a person arrested, detained or under
custodial investigation.

B. SEARCH

1. Search Defined. Search is an examination of an individual’s person, house, papers or effects, other
buildings and premises to discover contraband or some evidence of guilt to be used in the prosecution of a
criminal action.

2. Search Warrant Defined. A search warrant is an order in writing issued in the name of the people of the
Philippines, signed by a judge and directed to to a peace officer, commanding him to search for personal
property described therein and to bring it before the court. [Sec. 1, Rule 126.]

3. Personal Property to be Seized. A search warrant may be issued for the search and seizure of the following
personal property:
a) Property subject of the offense;
b) Property stolen or embezzled and other proceeds or fruits of the offense; and
c) Property used or intended to be used for committing an offense. [Sec. 2, ibid.]

4. Probable Cause Required for a Search Warrant. Probable cause means that sufficient facts must be
presented to the judge issuing the warrant to convince him that circumstances sufficiently establish the need for
the issuance of the warrant.

5. May Things Illegally Seized be Admitted in Evidence? The fruits of an illegal search are inadvisable as
evidence. Any evidence obtained in violation of the right of the people against unlawful searches and seizures
shall be inadmissible for any purpose in any proceeding. [Sec. 3(2), Art. III, 1987 Constitution.]

6. May Articles Not Mentioned in the Search Warrant be Seized? Generally, articles not include in the
search warrant may not be seized. However, articles prohibited by a statute, although not included in the search
warrant, may be seized.
Thus, if during the progress of a bonafide search for other commodities illegally possessed, whether with search
warrant or not, contraband or items declared as illegal per-se are discovered. the contraband can be seized.
The seizure of goods, the possession of which is forbidden by statute, violates no constitutional right of the
accused.

7. How to Serve a Search Warrant. A search warrant must be served within ten (10) days from its date
(thereafter, it shall be void) [Sec. 9, Rule 126] in the following manner:
a) The police officer concerned must go to the place indicated in the search warrant and take the things
described therein, in the presence of at least one competent witness who is a resident of the neighborhood. If
he is refused admittance to the place of search after giving notice of his purpose and authority, he may force
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himself in to execute the warrant; and if he is detained therein, he may force himself out to deliberate himself.
[Sec. 6, ibid.]

b) The search must be made at daytime, unless otherwise stated [Sec. 8, ibid.]

c) The officer seizing the property must issue a detailed receipt of the things seized to the person in
whose possession it was found, or in the absence of such person, he must, in the presence of at least one
witness, leave such receipt in the place where such things were seized [Sec. 10, ibid.]

(i) In compliance with this procedure, it has been standard practice to issue a RECEIPT FOR PROPERTY
SEIZED [See Appendix “A”] after a seizure. the receipt is signed by the seizing officer only and two witnesses.
Recent Supreme Court decisions, however, declare that such receipt when signed by the accused, is in effect
an extrajudicial confession of the commission of the offense charged. [People v de las Marianas, G. R. No.
87215, 30 Apr 91; and People v Mauyao, G. R.

No. 84525, 6 Apr 92]. Consequently, if the accused does not sign such receipt , it may still be
used in evidence. Moreover, if the accused DID in fact sign the receipt, but he signed it with the assistance of a
lawyer of his own choice, that act would constitute a valid waiver of his right against self-incrimination.

(ii) It must be noted that in the cases cited above, the crime charged is possession of prohibited
drugs. Thus, the signature of an accused on the receipt is a declaration against the interest and a tacit admission
of the crime charged, as mere unexplained possession of prohibited drugs is punishable. The doctrine is
therefore not a hard and fast rule as far as the “Receipt for Property Seized” is concerned. If the crime charged
is possession of unlicensed firearms, for example, the doctrine would apply. in other cases, it will not apply.

(iii) Another document which is made after a search is a CERTIFICATION OF PROPERTY SEIZED [See
Appendix “B”]. This is signed by the owner of the seized property, and would seem to fall more under the court
pronouncement above than the “Receipt for Property Seized” does.

d) As much as possible, during the opening of safes, drawers, cabinets, tables, etc., the lifting of the articles
should be done by the owner of the house or his authorized representative,or by immediate members of
his family, to preclude any suspicion of theft or planting of evidence.

e) Thereafter, the officer must immediately deliver the things or property seized to the judge who
issued the warrant, together with an inventory duly verified under oath. [Sec. 11, ibid.]

8. Lawful Warrantless Searches and Seizures:

a) When there is consent or waiver. To be a valid waiver, the right must exist, the owner must be aware
of such right, and he must have an intention to relinquish it.

b) When evidence to be seized is in “plan view”. The discovery of the evidence must be inadvertent
or unintentional.

c) Customs search or search made at airports/seaports in order to collect duties. this warrantless search
is allowed due to urgency.

d) Search of moving vehicles may be made without a warrant because it would be impracticable to
secure a warrant before engaging in “hot pursuit.”

e) Routine searches made at or in the interest of national security, such as border checks or checkpoints.
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f) Stop-and-search or stop-and-frisk, where the search precedes the arrest, and is allowed on
grounds of reasonable suspicion.

g) Search incidental to a lawful arrest. A person lawfully arrested may be searched for
dangerous weapons or anything which may be used as proof of the commission of an offense, without a search
warrant. [Sec. 12, Rule 126.]

9. Searches of Persons Arrested.

a) “Probe”, do not “pat”.

(A woman operative should be used to search females.)

b) The need to handcuff subject(s). Dangerous and violent criminals, as well as escapes from prisons
and escapes artists, must be handcuffed.

c) Do not stop the search when a weapon is found.

d) Look for items which may be used to commit suicide.
e) Look for items of evidence.
f) Searches should never cross the line of fire.
g) Do not talk to subject(s) in the source of the search.
h) Do not grant subject’s request to attend to something before, during and immediately after the search.
I) In a search by a single officer, have the gun ready with the hand at a distance from the subject.
j) Be sure to search a very part of the body and clothing.

10. Types of Searches:

a) Wall Search. The purpose is to place the subject in an “off-balance” position requiring the use of both
arms and legs to keep him from falling to the ground. This is the safest type of search. It does not necessarily
require a wall; any object that can support the weight of the subject (such as a car) can be used. The procedure
are:
(I) Requiring subject to place both hands on the wall slightly higher than his waist. Spread hands as far as
possible. Palms should be placed against the wall, finger extended.

(ii) Extended the subject’s feet back away from the wall as far as possible. Spread them as far apart as possible,
toes pointed out. Buttocks should not be on an arched position.

(iii) The subject’s head should be down or bowed at all times.

(iv) Mechanics in executing the “Wall Search”:

[1] If there is only one subject, the leader of the search should be placed himself at one side, while his
subordinate is on the other side;

[2] To search the other side, the subordinate should move to the opposite side;

[3]If there are two or three subjects, move one subject to be searched on the wall, but out of reach
of the others;

[4] Search both sides of subject, the leader conducting the searches and the subordinate guarding the
others;
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[5] Move one subject at a time;

[6] Subject’s head should be down at all times;

[7] The subordinate should concentrate on the actions of the subjects and not the action of the leader;

[8] When there are more then three subjects, additional personnel should be summoned;

[9] In serious apprehensions, the searches should hold his weapon in ready position throughout the
search;

[10] The body must be searched systematically with the foot of the searcher placed tightly against subject’s
foot, right with right, left with left, anklebone against anklebone;

[11] remove any object found, then examine the palm of the hand, including between the fingers.

b) Standing Search.
(I) Raise subject’s hand over his head and spread his feet as far apart as possible.
(ii) This is not recommended because the subject is in an “on-balance” position.

c) Kneeling Search.
(I) Subject kneels on the ground with hands raised over his head.
(ii) This is also discouraged for the same reason as the “standing search”.

d) Prone Search.
(I) Subject lies on his stomach with arms and legs outstretched.
(ii) Subject has both arms and legs free and is at all times in an “on-balance” position.
(iii) Front part of clothing can not be searched.
(i) This can be extremely dangerous if the subject has know

11. Method of Restraint: Handcuff.

a) This is the best method of restraint. If applied properly, it is a good preventive measure; if improperly applied,
it could be dangerous.

b) How handcuffs are applied;

(I) Take position directly behind the subject.

(ii) The handcuff is applied when the subject has placed his hand on the small of his back.
(iii) Do not reach out for the hands of the subject as it will provide him with an opportunity to grasp the
hand of the investigator and throw him off-balance.

c) When applying handcuffs, give the following orders to the subject and follow this procedure:

(I) First Order: “ Take your right hand off the wall and place it on the small of your back.” Fasten
the handcuff to this hand and firmly hold the other handcuff.

(ii) Second Order: “Move up and put your hand against the wall.” Allow the subject to move closer
to the wall, making certain his feet remain back far enough to keep him “off-balance”.
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(iii) Third Order: “Take your other hand off the wall and place it on the small of your back.” Fasten
the other handcuff and double-lock both handcuffs.

(ii) Final Order: “Stand up and face the wall.” Help the subject in doing this edge of judo.

12. Transporting a Prisoner.

a) If transported by jeep, the subject is seated on the right rear seat and the police seats at the rear on
the left side facing the subject. Secure the hands of the subject under his knees.

b) If transported by car, the subject is seated on the left rear seat and the investigator sits on the right
rear seat. Hands of the subject should be secured under his knees.

C. RAIDS AND SEIZURES

1. Introduction.

a) Every member of a law enforcement organization must know the technique of conducting a raid.

b) Raids are usually made after careful investigation and when other methods of accomplishment the
mission are not suitable.

c) Whenever available, men experienced in conducting police raids should be chosen as raid
commanders.

2. Raid Defined. A raid is a surprise invasion of a building or area. It is a small-scale attack of a limited
territory.
Legal basis. a raid must be legal, having its basis in lawful process and conducted in a legal manner. This will
be in the form of a search warrant or warrant of arrest. The raid may be in pursuit of a person reasonably
believed to be guilty of a felony when it is known that the felony has just been committed.

3. Objectives. The purpose of a raid is usually to:

a) Effect an apprehension;
b) Obtain evidence of illegal activity by surprising the offenders in flagrante delicto; or
c) Recover stolen property.

4. Factors Affecting Success or Effectiveness of a Raid:

a) Size of raiding party.

b) Speed.

c) Surprise.

d) Superiority of arms.

e) Simplicity of plan and operation.

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5. Qualification of Members of a Raiding Party:

a) Leadership.

b) Good judgement.

c) Tact.

d) Coolness and stability.

e) Experience.

f) Steady nerves and mental stability.

g) Discipline.
6. Composition of a Raiding Party:

a) Raid commander, assistant raid commander,

covering or surrounding party;
b) Going-in detail or entering party;
c) In charge of raiding vehicle;
d) In charge of rendering inoperative the subject’s vehicle , if any;
e) Recorder who should keep an accurate log of the raid, gather evidence, make inventories and testify
in court; and
f) Photographer.

7. Duties of Covering or Surrounding Party:

a) covers approach of going-in detail or entering party.b) Prevents the escapes of criminals.

c) Covers the entire area of the building.

d) Neutralizes fire of barricaded criminals.

8. Duties of Going-in Detail or Entering Party:

a) Calls for surrender of criminals.

b) Effects arrests.

c) Incapacity and dislodges criminals.

a) Searches for evidence.

9. Undertakings. As in purely military operations, a raid, to be successful, must have the following elements:

a) Mission.

b) Reconnaissance.

c) Plans.
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d) Instructions.

e) Orders.

f) Execution.

10. Planning the Raid. The success of a raid depends upon intelligent planning and competent
implementation. To achieve the necessary elements of surprise, the operation must be performed surreptitiously
and with speed.

a) The terrain and the building should be subjected to close study.

b) In order to obtain the necessary data for planning, a reconnaissance/surveillance of the place should
be conducted.

c) The participants should be informed of the nature of the mission.

d) The specific assignment and position of each member of the raiding party, the tactics to be
employed, the equipment and transportation to be used, the evaluation of possible danger points, and
optimum time to be selected should be stressed.

e) Things to consider when planning a raid:

(I) Need for surveillance.

(ii) number of individuals to be apprehend. Are they armed? With what? If uncertain, assume they are
armed.

(iii) Are photographs and description of subjects available for use in the briefing?

(iv) Determine the physical structure of the place where the criminals are located.

(v) Determine all possible escape route.

(vi) Need to directly photograph the place and immediately area.

(vii) Type of neighborhood where the hideout is located.

(viii) Volume and kind of activities in the neighborhood at various times (to determine the most desirable
time to conduct the raid).

(ix) Street plans of neighborhood for possible road blocks.

(x) Do the men have confidence in the ability of the raid leader?

(xi) Consider:
[1]Speed- - in moving into position and the execution of the plan.

[2]Surprise - - catch subject off-guard.

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[3]Simplicity - - a plan that is easy to remember and understand; this avoids conclusion.

(xii) Consider dividing the raiding party into:

[1]Cover group: moves into position first, covers advance of raiding

group and avenue of escape.
[2]Raid group: disarms and restrains subjects, searches premises,
secures evidence, etc.

(xiii) Does every member of the raiding groups know the raid plan completely? The identities and
duties of all?
(xiv) What is your move-out plan?

(xv) What are the instructions concerning the use of firearms?

(xvi) What are the instructions concerning the possible handling of traffic?

(xvii) What are the instructions concerning communications, signals, etc.?

(xviii) How do you identify each other? Arm bands, password, insignia, etc.?
(xix) Make sure your plan avoids crossfires.

(xx) Do you have all the equipment you might need, such as flashlight searchlight, vehicles,
transceiver, loudspeaker (public address system), firearms, teargas, etc.?

(xxi) Ask each participants to repeat his duties to the raid leader.

11. Raid Operation.

Coordination of individual efforts is an essential element in the success of a raid. The raiding party should
act as a team. The members of he team must thoroughly understand the objectives, the plan of action and the
orders. Each man should hold his assigned position until his orders are changed by the team leader. Before
leaving the headquarters to proceeds to the target, the team leader must conduct a final briefing personnel. After
assembly of the men at the designated area, which should not be too close to the target area. they should not
assume the appearance of a formal gathering. The raider’s vehicle should be safeguarded to prevent their use
by the subject. Vehicle belonging to the subjects should e rendered inoperative by the simplest available means.
A cordon should be posted, depending upon the availability of men, to prevent possible escape and restrain
people from wandering. In the event the suspect fails to heed the warning to surrender, entry must be made
through one points so that the raiders will not mistake one another. As soon as the raids is completed, guards
should be left to protect the property and to observe or apprehend associates of the suspects. The raiders then
reassemble at a designated place for a final accounting of all members of the raiding

12. Coordination With the Local Station Commander.

It is imperative that immediate before the service of a search warrant the team leader should see to it
that proper coordination is made with the station commander having jurisdiction over the target premises. The
coordinating party is bound merely to relay that their team is conducting an operation in their area. This gesture
of coordination is not only a manifestation of courtesy but also a safety measure to avoid the possibility of a
mistake encounter.
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13. Dont’s in a Raid:

a) Don’t take unnecessary chances.
b) Don’t underestimate the ability or courage of the subject(s).
c) Don’t raid when not properly prepared.
d) Don’t endanger the lives of bystanders.
e) Don’t use raiders not well-acquainted with each other.
f) Don’t forget gas mask when employing teargas.
g) Don’t be unnecessary rough on the subject(s).
h) Don’t shoot to kill unless very imperative.
I) Don’t touch the evidence unless seen by witnesses, or by the owner or occupant of the place.

14. Seizures.
a) The following will be seized at the scene of the raid:
(I) Weapons which may be used against the raiding party.
(ii) Articles which might be used as a means of suicide.
(iii) Articles which might be used in escaping.
(iv) Articles which may be used in the commission of the crime.
team.
(v) Proceeds or fruits of the crime (stolen property).

b) Disposition of money and other valuable property:

(I) Money should be counted and the serial number of bills noted.

(ii) Valuables should be sealed in a property envelop in the presence of the prisoner.

(iii) Property envelope should show a complete inventory of its contents.

(iv) The prisoner should initial the outside of the envelope showing approval of its contents.

(v) Raiding officer should sign their names on the outer part of the envelope.

(vi) A receipt should be given to the prisoner. However, this is qualified by the decision of the Supreme
Court declaring as inadmissible in evidence the Receipt for Property Seized, signed by the accused, in case
where mere possession of the items seized is punishable.

c) Disposition of articles not covered in a search warrant:

(I) If the articles are illicit or contraband, the same must be seized.

(ii)Such articles may be used as evidence to prosecute the person.

(iii) Non-contraband articles must be returned to the owners or must not be seized in the first place.
15. Mugshots and Fingerprints.

Arresting units shall at all times take the mugshot and fingerprints of all arrested persons. Copies thereof
shall be provided to the PNP Crime Laboratory Service to serve as master file.

16. Accomplishment of NUCCR.

Operating units concerned shall accomplish regularly the NUCCR and all agencies concerned shall
be provided with copies thereof.
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17. Reports on Arrested Persons.

All arrest made shall be immediately reported to the C, PNP; AIIN, DO, DIN, DI.

CONSTITUTIONAL REQUIREMENT
ON CUSTODIAL INVESTIGATION

1. Section 12, Article III, 1987 Constitution.

(1) Any person under investigation for the commission of an offense shall have the right to be
informed of his right to remain silent and to have competent and independent counsel preferably of his
own choice. If the person cannot afford the service of counsel, he must be provided with one. These
right cannot be waived except in writing and in the presence of counsel.

(2) No fortune, force violence, threat, intimidation or any other means which vitiate the free will
shall be used against him. Secret detention place, solitary, incommunicado, or other similar forms of
detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof [ on suspect’s
right against self-incrimination] shall be inadmissible in evidence against him.

(4) The law provides for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practice, and their families.

Salient Features of Republic Act 7438

If an individual face himself into a certain situation that resulting to his arrest, it is important for
persons of authority Such as the public officers, to inform the arrested person about his/her rights.

Any person subject to arrest must be properly informed of the offense he/she committed. There
are some cases when public officers violate the law. For those persons who does not have any idea
about his constitutional rights, unlawful arrest may seem normal. The Republic Act No. 7438 or an “Act
defining certain rights of person arrested, detained or under custodial investigation as well as the
duties of the arresting, detaining and investigating officers, and providing penalties for violation
thereof" provides a comprehensive explanation about the rights of an arrested person and the penalties
for public officers who violate the law. Under this act any person who is subject for arrest or in under
custodial investigation must be immediately inform to have his legal counsel to assist during the him
conduct of tactical investigation/ interrogation ( (Section 2 (a) ). The law clearly mandate to any public
officer and or employee or any one acting his order or his place who legally arrest or detain or investigate
any person who is allegedly committed a crime shall be inform his right by way of using a clear language
or dialect that the person under investigation can easily such as "remain silent, and to have a counsel by
his own choice if the arrested person cannot afford one the state will provide one through the initiative of
the police officer who handle the case ( Section 2, (b). The enabling clearly stating that the assigned
investigator on case that the investigation report must be made into writing and it must be sign or thumb
mark by the person arrested or detained who is do not know how to read and write, it shall be read and
carefully explain to a person under investigation by a counsel who assisted to him provided by the
assigned investigator on case in a language or a dialect known the a person under investigation,
otherwise the investigation shall considered as null and void and no effect ( Section. 2, (c) ). Any extra
judicial confession made by a person arrested or under custodial investigation shall be made in writing
 14

and must sign by said person with the presence of a counsel on the event if counsel is absent a valid
waiver and with the presence of a parent, elder brother or sister, spouse, the municipal mayor, the
municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him; otherwise,
such extrajudicial confession shall be inadmissible as evidence in any proceeding (Section 2 (d) ).

(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal
Code, or under custodial investigation, shall be in writing and signed by such person in the presence of
his counsel; otherwise, the waiver shall be null and void and of no effect.

The law clearly states the any person who are arrested and detain or under custodial investigation shall
be allowed to be visited or talks with his immediate member of the family which shall include spouse,
fiancë or fiancée, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or
niece, and guardian or ward or any medical doctor, or priest or religious minister chosen by him or by his
counsel and or any national non-government organization duly accredited by the office on Human Rights
( Section 2, (f) ).

As to mention of this Act, "custodial investigation shall include the practice of issuing an invitation"
to a person who is investigated in relation with an offense he/ she suspected to have committed, without
prejudice to the liability of the "inviting" officer for any violation of law.

Arresting officer are reminded that once they fail to inform the constitutional rights of a person
under investigation detained or under custodial investigation shall face and suffer a fine of six (6)
thousand pesos or a penalty of imprisonment of not less than eight (8 years, but not more than ten (10)
years or both and the worse is the assign investigator on case shall also face a penalty of perpetual
absolute disqualification shall also be impose who has been previously convicted of a similar offense (
section 4).

RA 7438 - RIGHTS OF THE PERSON UNDER CUSTODIAL INVESTIGATION (Violations

under RA 7438 ):
a. Any arresting public officer or employee or any investigating officer, who fails to inform any
person arrested, detained or under custodial investigation of his rights to remain and to have competent
and independent counsel preferably of his own choice; and
b. Any person who obstructs, prevents or prohibits any lawyer, any member of the immediate
family of a person arrested, detained or under custodial investigation, or any medical doctor or priest or
religious minister or by his counsel, from visiting and conferring privately chosen by him or by any member
of his immediate family with him, or from examining and treating him or from ministering to his spiritual
needs

2. Formats of Sworn Statements in Compliance With Sec 12 Art III of the 1998 Constitution:

a) Format of Sworn Statement in English:

Sworn statement of JUAN DELA CRUZ BY INVES. LT. JOSE STA ROMANA at the office of the
directorate for Investigation, Camp Crame, Quezon City, in the presence of SPO4 Jorge Nunez, this 20th
day of August 1992.

Preliminary; Mr Juan Dela Cruz, you are being informed that you are under investigation for your
involvement in the commission of an offense. You are reminded that under our new Constitution, you
have the right to remain silent and to be assisted by counsel, this office will provide you with a lawyer free
of charge. Any statement that you will make can be used for or against you in any court of law in the
Philippines. Is this clearly understood by you?
 15

ANSWER: Yes, sir.

QUESTION: Having been informed of your right under the Constitution to remain silent, do you wish
to proceed with this investigation?
ANSWER: Yes, sir.
QUESTION: Do you wish to be assisted by a counsel of your own choice?
ANSWER: I do not need the assistance of counsel.
QUESTION: You are also reminded that whatever.
Statement you will give might be used against you. Is this clearly
understood by you?
ANSWER: Yes, sir.
QUESTION: In short, you are waiving your right to counsel in this investigation/
ANSWER: Yes, sir.
QUESTION: Are you willing to sign a waiver to that effect with the assistance of
Atty. Antonio Soliman, who is here present?
ANSWER: Yes, sir.

CERTIFICATION / WAIVER

I, JUAN DELA CRUZ, do hereby certify that before taking down my statement s, the investigator
had fully explained my constitutional Rights under Sec. 12 Art III of the New Constitution, which are fully
understood, and I hereby waive my aforesaid rights to remain silent and to be assisted by counsel in the
presence of and with the assistance of Atty. Antonio Soliman.

JUAN DELA CRUZ

Affiant

Assisted by: Antonio Soliman Counsel

QUESTION: Are you ready to give a free and voluntary statement?

ANSWER: Yes, sir.
Q1: Please state your name and other personal circumstances.
A: JUAN DELA CRUZ, 50 yrs old ,married and residing at lot 70, Blk.
70 Francisco Homes, San Jose Del Monte, Bulacan.
Q2: Please state the name of the school(s) you have attended.
A: xxx xxx xxx
Q3: Do you know why you are here? OR Do you know why you were invited for
questioning.
A: xxx xxx xxx
Q12: The investigator has nothing more to ask you for the present. Do you have anything.
A: No more.
Q13: Are you willing to sign this statement of yours, consisting of______ pages,
including this last page, and affirm under oath to the truthfulness of the
same?
A: (The answer to this question should not be typed but should written in the
suspect’s or witness own hand. The typist should leave a space for the handwritten answer of the
affiant and the latter should be made to write out, in his own hand, the following
statement:”Yes", sir, I have read this statement of mine consisting of __________ pages
and it is the truth. I made it of my own free will, without any threats or promises having been made
to me by anyone.”)
 16

b) Format of Sworn Statement in Filipino:

SINUMPAANG SALAYSAY NI JUAN DELA CRUZ NA KINUHA NI INVES. SPO4 JOEL DELOS
REYES NITONG IKA-20 NG AGOSTO 1989 SA TANGGAPAN NG DIRECTORATE FOR
INVESTIGATION, CAMP CRAME, QUEZON CITY, SA HARAP NI SPO1 JORGE MERCADO.

PASUBALI: Mr. Juan dela Cruz, ipinagbibigay alam namin sa inyo na kayo ay inuusig tungkol sa isang
kasalanan. Pinaalala namin sa inyo na sa ilalim ng ating Bagong Saligang Batas ay karapatan
ninyo ang magsawalang-kibo at magkaroon ng patnubay ng manananggol sa sarili ninyong
pili. Ito ba ay nauunawaan ninyo?

SAGOT: Opo.
TANONG: Pagakatapos na maipabatid sa inyo ang inyong karapatan sa ilalim ng
ating Saligang Batas na magsawalang-kibo, nais ba ninyong ipagpatuloy ang
imbestigasyong ito?

SAGOT: Opo.
TANONG: kailangan mo ba ng manananggol?
SAGOT: Hindi ko na po kailangan ng manananggol sa imbestigasyong ito.
TANONG: Pinapaalala rin namin sa inyo na anumang salaysay ang ibibigay ninyo
sa imbestigasyon ito ay maaaring gamitin laban sa inyo. Ito ay nauunawaan
ninyo?
SAGOT: Opo.
TANONG: Handa ka na ba bang magbigay ng isang kusangloob na salaysay?
SAGOT: Opo.

PAGPAPATUNAY

AKO, SI JUAN DELA CRUZ, ay nagpapatunay na bago kinuha ang aking salaysay, ipinaliwanag
sa akin ng imbestigador ang aking mga karapatan sa ilalim ng Sec 12 Art III ng Bagong Saligang Batas,
at ito ay naintindihin ko, at dahil dito ay isinasantabi ko ang naturang karapatan ko na magsawalang-
kibo at magkaroon ng patnubay ng manananggol sa harap at sa tulong ni Atty. Antonio Soliman.

JUAN DELA CRUZ

Nagsasalaysay

Sa tulong ni: Antonio Soliman

Manananggol

TANONG: Handa na ba kayong magbigay ng malaya at kusangloob na

salaysay?
SAGOT: Opo.
T1: Pakisabi lang po ang inyong pangalan at ibang personal na bagay
tungkol sa inyo.
S: Ako po ay si JUAN DELA CRUZ, 50 taong gulang, may-asawa at
naninirahan sa Lot 70, Blk. 70, Francisco Homes, San Jose del Monte,
Bulacan.
T2: Ano-ano po ang mga paaralan pinasukan ninyo?
S: xxx xxx xxx
 17

T3: Alam niyo ba kung bakit kayo naririto? O kung bakit kayo
naimbitihan para sa isang katanungan.
S: Opo.
T12: Ang imbestigador ay wala nang itatanong inyosa ngayon. Mayroon pa ba
kayong ibig sabihin o idagdag sa salaysay ninyo?
S: Wala na po.
T13: Nais niyo bang lagdaan ang salaysay niyong ito na may _____
pahina, kabilang na ang huling pahina, at panumpaan na pawang katotohanan
ang sinsabi niyo sa nasabing salaysay?
S: ( Sagot sa katanungan ito ay hindi dapat i-type kunid ay nakasulat sa kamay ng suspect
o ng witness. Ang nagmakinilya nito ay dapat na magiwan ng espasyo para sa sagot na isusulat ng
nagsasalaysay, at itong huli ay dapat na ganito ang isulat: “Opo, nabasa ko ang salaysay kong ito na
may _____ pahina at ito ay ang pawang katotohanan. kusang-loob ko itong ibinigay, nang walang
pananakot o pangako mula kanino man”)
 18

CONFESSION AND ADMISSION

A. CONFESSION:

1. Confession Defined. It is the declaration of an accused expressly acknowledging his guilt of the offense
charged. (Statutory Definition.)

Confession is an express acknowledgement by the accused, in a criminal case, of the truth of his
guilt as to the crime charged, or of some essential part thereof. (U.S. Vs. Tea, 23 Phil. 64)

2. Effect of Confession. The confession of the accused may be given in evidence against him in the
investigation or trial of the offense with which he is charged.

3. Types of Confession:

a) Judicial confession or confession in open court.

b) non-judicial confession, which is also called “out-of-court” or extra-judicial confession. This kind of
confession is inadmissible unless corroborated by proof of corpus delicti.

c) Involuntary, which is a “forced” confession, and therefore inadmissible in evidence.

d) Voluntary, when the confession was not induced by promises of benefit or reward, or by force, violence,
threat, intimidation, duress, or any other means which vitiates the free will of the accused. A person who
confesses that he committed a crime in effect waives his right to remain silent. therefore, for the
confession to be valid, it must not only be voluntary, but also in writing and made with the assistance of
counsel of his own choice, with full understanding of the consequence of such confession.

4. When is a Confession Inadmissible? No person shall be compelled to be a witness against himself. Any
person under investigation for the commission of an offense shall have the right to be informed of his
right to remain silent and to have competent and independent counsel preferably of his own choice. If
he cannot afford the service of counsel, he must be provided with one. These rights cannot be waived
except in writing and in the presence of counsel. No force, violence, threat, intimidation, or any other
means which vitiates the free will shall be used against him.

Any confession obtained in violation of the foregoing shall be inadmissible in evidence against him.
furthermore, the officer who secures a confession in violation of any of these rights may be held liable for
damages under Article 32 of the Republic Act no. 386.

5. Corroborating the Extra-Judicial Confession of an Accused. It must be corroborated by evidence of

corpus delicti to sustain conviction. This requirement does not mean that every element of the crime
must be proven by evidence independent of the confession, but rather, that there must be some
independent evidence to show that a crime was committed.

6. Confession Made by a Defendant Against a Co-Defendant. A Confession made by a defendant is

admissible against himself but not against himself his defendant (based on the rule on res inter alios
acta), unless the defendant are being prosecuted for a crime involving conspiracy, the confession of one
conspirator may be admitted in evidence against his co-conspirator.
 19

7. Best Method of Ratifying a Confession. Confessions made by a suspect before an investigator should be
sworn to preferably before a prosecutor or municipal/city judge.

8. Crime Reenactment. This is accomplished through the use of movie cameras and tape recorders by qualified
technicians. In such reenactment procedure, the written confession is used as the script and the officer
should ensure that the details of the crime as reported by the accused are followed during the
reenactment. This strengthens the prosecutors case and serves to convince the judge that the accused,
whose face appears on the screen, was not maltreated nor affected by sinister psychological influence.
To be admissible evidence, some person should be able to testify on the authenticity on the recording.

B. ADMISSIBLE:

1. Admission Defined. It is a voluntary acknowledgement in express terms or by implication, by a party in

interest or by another by whose statement he is legally bound, against his interest, of the existence or
truth of a fact in dispute material to the issue.

2. Distinguished From Confession. A Confession is a voluntary statement either oral or written, made by a
person charged with the commission of a crime to another person wherein the suspect admits
participation in, or commission of, the criminal act, while an admission is a statement by the accused
regarding facts pertinent to crime. The latter tends, in connection with proof of other facts, to prove the
suspect’s guilt. To be admitted as evidence, an admission must relate to relevant and material fact. a
confession is only admissible against the confessor while an admission may be used even against a co-
defendant.

3. Admission of a Party. The act, declaration or omission of party as to a relevant fact may be given in
evidence against him.

a) Offer of Compromise. In criminal cases, except those involving quasi-offense (criminal negligence)
or those allowed by law to be compromised, an offer of compromise by the accused may be received in
evidence as an implied admission of guilt.

b) Plea of Guilty Later Withdrawn or an Unaccepted Offer of Plea of Guilty to a lesser offense is not
admissible in evidence against the accused who made the plea or offer.

c) Offer to Pay or Payment of Medical, Hospital or other Expenses occasioned by an injury is not
admissible in evidence as proof of civil or criminal liability for the injury.

4. Admission by Third Party. The rights of a party cannot be prejudged by an act, declaration, or omission
of another, except:

a) An admission by a co-partner or an agent.

b) An admission by a co-conspirator, when the conspiracy has been established by evidence.
c) An admission by one who is in privily with the party against whom the admission is sought to be used.
d) An act or declaration made in the presence and within the hearing or observation of party, who does
or says nothing, when the act or declaration naturally calls for action or comments it not true.
 20

INTERVIEW AND INTERROGATION

A. INTERVIEW

1. Interview Defined. – An interview is the questioning of a person believed to posses knowledge that is of
official interest to the investigator.

2. Importance of Interview. – Interview in crime investigation is very importance as the person interviewed
usually gives hi account of an incident under investigation of offers information concerning a person being
investigated in his own manner and words.

Basic Assumption: Nobody has to talk to law enforcers. No law compels a person to talk to the police if
he does not want to. Therefore, people will have to be persuaded, always within legal and ethical limits, to
talk to law enforcers. This makes interviewing an art.

3. The person Interviewed.

Consider:
a) His ability to observe.
b) His ability to remember.
c) His ability to narrate.
d) His mental weakness because of stupidity or infancy.
e) His moral weaknesses because of drunkenness, drug addiction, his being a pathological liar or similar
factors.
f) Emotional weakness springing from such sources as family problems, hatred, revenge, and love.

4. The Interviewer’s Personal Traits.

a) He must be a practical psychologist who understand the human psyche and behavior.
b) He has a sincere interest in people. People who are reclusive generally are not good interviews.
c) He is calm, has self-discipline and sensitive.
d) He is courteous, decent and sensitive.
e) He is self-assured and professional. He is tactful, i.e., he knows what to say and how to say it.
f) He is cordial and agreeable, and never officious. But he should avoid over-familiarity.
 21

g) He is purposeful, persistent and patient. Some people just cannot be rushed.

h) He is analytical.
i) He is flexible and cautions.
j) He is a good actor and can conceal his own emotion.
k) He avoids third degree tactics and never deviates from the fundamental principle that a person must be
treated according to humanitarian and legal receipts.
l) He keeps the rules of evidence in mind.

• The Effectiveness of an investigator is largely dependent upon his ability to obtain information from
complainants, witnesses, informants, and suspects.
• Included in these sources of information are those persons who may not be called as witnesses but who can
provide useful data such as official company records or non-official information that is a matter of observation.
• The progress of an investigation is often a function of the knowledge gained from these sources since most
crimes are solved by “information.”

a. Building the Case. The elements of the offense must be established. Identifications must be obtained.
b. Tracing. If the suspect is missing, the investigator is faced with the problem of tracing. He must know the
available sources of information, official and unofficial.
c. Canvassing. If there is an absence of information about the crime itself, the investigator will have to interview
people in the vicinity of the crime scene to locate a witness.

Canvassing

1) Time. Ideally, the canvass should take place at approximately the same time of day as when the crime
occurred.
2) Technique. The neighborhood canvass is usually carried out by a team of investigators.

a. Rapport. The relationship existing between the interviewer and the subject usually determines the success of
the investigation. By establishing rapport with the subject the investigator may be able to unloose a flood of
useful information.
b. Personality. The primary trait that the interviewer should possess is the forcefulness of personality. He should
instinctively induce confidence by the strength of his character so that the subject trusts him on the first meeting
and tends to seek his assistance by confiding in him.
c. Breadth of Interests. To establish rapport with a witness or a complainant, it may be necessary to create a
meeting ground of interest. A person tends to regard a fellowman who shares common interests as a sympathetic
personality.

5. Planning the Interview. – In planning an interview, the investigator should, as a general rule, select a place
which will provide him with a psychological advantage. He should conduct the questioning as soon as
possible after the occurrence.

In planning the interview, the interviewer should consider.

a) The facts of the case which have been established.
b) The information needed to complete the picture.
c) The sources of information that may be consulted such as files and records.
d) The possibility of confronting the suspect with physical evidence.
e) The time available for the interview.
f) The time allowed by law.

6. Planning the interview. – Preparation of the Interviewing a witness, the law enforcer should mentally
review the case and consider what information the witnesses can contribute. If the case requires it, he
should acquaint himself with the background of the witness.
 22

7. Time, place and surrounding Circumstances.

a) It is not always possible to fix the time and place of an interview with the witness can contribute. If the
case requires it, be should acquaint himself with the background of the witness.
b) Interview of arrested persons should be made as soon as possible after the arrest.
c) Conduct interview whenever possible in your own turf, i.e., your office.
d) Have an interview room where there will be privacy. It should be a plain room but not bleak. There
should be few furniture , and no distracting pictures, calendars or similar items.
e) Arrange it so that there will be no interrupt during the interview.
f) Suspects should be interviewed separately and out of sight and earshot of each other.
g) If there are two interviewers, let one man be the prime interviewer.
h) Arrange chairs so that window light falls on the interviewee and not on the interviewer.
 23

i) The interviewer should adapt his speech to the style best understood by the subject. In dealing with an
induce slouching or learning back, and such positions are not conducive to proper interviews.
j) Straight-back chairs should be used for both subject and interviewer. Other types of chairs induce
slouching or learning back, and such positions are not conducive to proper interviews.
k) The interview should identify himself and refrain from pacing about the room.

8. Opening the interview.

a) The interview should identify himself and the agency to which he belongs.
b) He should try to size up the interviewee and reach a tentative conclusion about his types, then use the
best interview approach.
c) He should keep in mind the provision of law regarding the rights of people under custody investigation.

9. The body of the Interview.

a) The interviewee should be allowed to tell his own story in his own words without interruption.
(i) This allows for continuity and clearness.
(ii) Range of interview is broadened.
(iii) It helps the interviewee on the matter later.

b) Interviewee should keep to the point at issue and should not wander too far from it.
c) Interviewer should be alert for hearsay information so he can question the interviewee on the matter
later.
d) Do not interrupt a trend of ideas by abruptly asking a question.
e) However, you may guide the interviewee with innocuous questions such as, “And then what did you do?”

10. Questioning.

a) Dominate the interview. Be careful not to allow the interviewee to be the one asking the questions.
b) Do not ramble. Have a reason for every question asked.
c) Follow the order of time and bring out the facts in that questioning and is considered the easiest as
people tend to think in terms of what happened first, then second, then third. The interviewer should get
step by step in learning all the details concerning the planning and commission of the crime and what
happened after it was committed
d) Exhaust each topic before moving on to the next.
 24

e) Determine the basis for each materials statement. It might be hearsay.

f) Keep your questions simple and understandable. Avoid double-edged or forked questions.
g) The dangers of leading and misleading questions should be borne in mind. A question which suggests
to the witnesses the answer which the interviewer desires is leading question. Questions which assume
material facts that have not been proven are misleading questions.
h) Wait for the answer to one question before asking a second one.
i) Ask important questions in the same tone of voice as the unimportant ones.
j) As rule, avoid trick or bluffing questions.
k) Where it is necessary to inquiry into the past history of the interviewee involving something unpleasant,
it is wise to use introductory remarks deploring the need for the question and saying that it is one of the
unpleasant but necessary duties of an officer.

11. Closing.

a) Before closing the interview, the law enforcement should make a mental check of the purpose of the
interview and should analyze what he has learned then decide whether he has attained his objective .
he should be guided in this respect by the 5 W’s and 1 H – What, Where, When, Who, Why and How.
b) The interview should always leave the door open for a re-interview.

CRIMINAL CASE

The manner in which the interview is conducted will vary with the relationship of the subject to the matter
in question. The demeanor of the investigator must be suited to the requirements of the case.
The following are the usual stages of this type of interview:

a. Preparation. Before interviewing a witness, the investigator should mentally review the case and consider
what information the witness can contribute. If the importance of the case warrants it, he should acquaint himself
with the background of the witness.
b. Warm-Up. The first few minutes will determine the tenor of the interview. If the investigator permits a clash of
personalities or creates a tense atmosphere, the witness may tighten up and be reluctant to divulge all of his
information. After showing his credentials, the investigator should open with a few friendly remarks. Conversation
on the weather, the difficulties of his profession, and matters of mutual interest will serve to warm up the
atmosphere. The witness should be given every opportunity to give a complete account without interruptions. A
mental note should be made of inconsistencies, and other matters requiring clarification. During the witness’s
recital, the investigator should “size him up.”
c. Questioning. After the witness has told his story, the investigator should review it with him and request him
to amplify certain points. Matters which have not been touched upon by the witness should be treated. The
elements of the offense and other points in the case should guide the investigator in his questioning.

Questioning

1) Guiding the Conversation. Many witnesses tend to ramble in giving information. Often their answers are
lengthy and not responsive. The investigator must control the interview so that complete and accurate information
is obtained.
2) Corroborating. Information obtained from one witness should be correlated with that obtained from others.
Corroboration of important facts is desirable. The information on such points should be obtained in a detailed
and specific form.
3) Inaccuracies. Discrepancies, falsehoods, and inaccuracies may become apparent during the interview.
Questionable points should be treated repeatedly by rewording queries and by additional questions. Honest
mistakes should be distinguished from misrepresentations.
 25

4) Technique of Questioning. Questions should not be asked until the person appears prepared to give the
desired information accurately. Direct questions have a restraining effect and will not be suitable until the witness
has given his own story and is ready to cooperate in giving additional information.
a) ONE QUESTION AT A TIME.
b) AVOID THE IMPLIED ANSWER.
c) SIMPLICITY OF QUESTIONS.
d) SAVING FACE.
e) “YES” AND “NO” QUESTIONS.
f) POSITIVE ATTITUDE.
g) CONTROLLING THE INTERVIEW.

Techniques for Controlling Digression

The following techniques will be found useful in achieving the objective represented by these principles:
a. Precise Questioning
b. Shunting
c. Skipping by Guessing.

Types and Attitudes of Subjects

a. Know-Nothing Type.
b. Disinterested Type.
d. Suspicious Type.
e. Talkative Type.
f. Honest Witness.
g. The Deceitful Witness.
h. The Timid Witness.
i. The Boasting, Egotistic, or Egocentric Witness.
j. Refusal to Talk.

APPROACHES

• A direct approach is the most effective with willing witnesses.

• The investigator should begin in a friendly conversational tone and develop the information naturally.
• With difficult witnesses such as those who dislike law enforcement officers or who fear retaliation, direct
questioning may be necessary.
• A direct approach is the most effective with willing witnesses.
• The investigator should begin in a friendly conversational tone and develop the information naturally.
• With difficult witnesses such as those who dislike law enforcement officers or who fear retaliation, direct
questioning may be necessary.

APPROACH

a. Complainant. The investigator should appear to be sympathetic with the complainant by expressing
his interest in the case and assuring the complainant of his gratification by the report of the offense. He should
convince him that full cooperation will be given and then proceed to elicit all the facts of the complaint. Privately
the investigator should form an opinion of the reliability of the complainant and his complaint. He should
determine whether the elements of an offense are present. The records should be checked to discover whether
the person is a chronic complainant or has a criminal history. The motivation of the complainant must be
considered. The existence of jealousy or grudges may have affected the complainant’s point of view.
b. Persons “Complained of.” Before questioning a person, who complained (there is insufficient
evidence to consider him a suspect), the investigator should refresh his knowledge of the law, acquaint himself
with the facts concerning the elements present, and know the record or reputation of the person. This preliminary
questioning should be impartial and probing.
 26

c. Informants. The informant should be flattered. Praiseworthy motives should be attributed to his
action, such as “duty to society” and “assisting law and order.” The informant should be permitted to talk freely
and fully. He should then be questioned for details. In concluding, a favorable estimate should be made of the
importance of his information.
d. Victims. The victim must be treated with some care since his reactions to fancied indifference can be
violent and accusations of neglect of duty may be made. The investigator should be sympathetic and listen to
the complete story, permitting the victim to offer opinions. The investigator need not support or discourage the
suggestions of the victim or offer any of his own at the moment. He should devote himself simply to gathering
facts.

EVALUATION

During the interview, the investigator will be forming a judgment of the credibility of his witness.
a. Physical Mannerisms. Nervousness, evasive facial expression, embarrassment at certain questions,
perspiration, and similar signs will give some indication of the trustworthiness of the person.
b. Frankness. The person should be tested with questions, the answers to which the investigator already knows.
The investigator should compare the subject’s account of certain events with the facts that he probably should
have knowledge of. Significant omissions should be noted.
c. Emotional State. The investigator should observe carefully any unusual reaction to questions. Partial guilt
can be detected by unwarranted indignation or excessive protests. Spite, jealousy, and prejudice can be easily
detected.
d. Content of Statements. The information given by the witness can be compared with statements of other
witnesses and with known facts. Discrepancies and misrepresentations can be detected by comparing the
information with the known facts.

NOTEBOOK

• The proper use of the notebook is a matter of judgment which will depend on the nature of the interview
and the character of the person to be questioned.
• If the interview is concerned with sensitive matters, the appearance of the notebook at an early stage
may instill excessive caution in the subject.
• The investigator may request permission to put the pertinent information in writing.

THE COGNITIVE INTERVIEW

When conducting an interview, the investigator will often encounter a witness who fails to recall
sufficiently all the details of the crime. To deal with this problem of a witness’s inability to recollect the details of
a crime, Edward Geiselman of UCLA and Ronald Fisher of Florida International University developed a method
called “the cognitive interview.” It consists of a series of interviewing techniques designed to enhance memory
recall.

COGNITIVE INTERVIEW

These techniques are meant to be used together in the order in which they appear below:

a. Avoiding Interruption. The witness is encouraged to speak freely about the crime while the interviewer
refrains from interrupting the narrative or hurrying the witness in any way.
b. Reliving the Event. The witness is then asked to mentally recreate the period before, during, and after the
crime.
c. Recalling Details. Normally, when a witness is recounting his story, he will skip over what he considers the
unimportant details to avoid boring the listener.

d. Changing the Order. At the beginning of the interview, the witness narrated his story in chronological order.
Now the investigator, by a series of questions, leads the witness to consider the events in a different sequence.
 27

e. Changing Perspective. In this exercise, the witness is encouraged to view the event from a different
perspective than his own. He may adopt the point of view of the victim, the suspect, another witness, or an
imaginary video camera on the wall.
f. Recollecting by Association. The cognitive interview is concluded with a series of questions designed to
elicit specific information. It not only addresses the problem of the witness who can’t remember but also lends
support to the interviewer who may run out of questions and have difficulty continuing with the interview.
Note:
Although the words “interview” and “interrogation” have similar meanings, there are those who prefer to use
“interview” when questioning witnesses and informants, and “interrogation” when questioning suspects.
A Philosophy of Interview and Interrogation:
The RIGHT officer, Asking the RIGHT questions, In the RIGHT manner, At the RIGHT time, and in the RIGHT
place, Will get the RIGHT answers.

B. INTERROGATION

IN GENERAL

1. Interrogation Defined. – An interrogation is the questioning of a person suspected 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.

2. Purpose of Interrogation:

a) To obtain information concerning the innocence or guilt of a suspect.

b) To obtain a confession to the crime from a guilty suspect.
c) To induce the suspect to make admissions.
d) To know the surrounding circumstances of a crime.
e) To learn of the existence and location of physical evidence such as documents or weapons.
f) To learn the identify of accomplices.
g) To develop information which will lead to the fruits of the crime.
 28

h) To develop additional leads for the investigation.

i) To discover the details of any other crime in which the suspect participated.

3. Preliminary Conduct. -- The interrogator should identify himself at the outset and state in general the
purpose of the investigation. He must advise the suspect of his rights against self-incrimination and inform
him that he does not have to answer question and that, if he does answer, this answer can be used as
evidence against him. He must inform the suspect of his right to counsel and that a state appointed counsel
will be made available without cost to him if he so desires. The interrogator may not question the suspect
unless the latter has definitely waived his right to be silent. Ordinarily the investigator should be alone with
the suspect and, of course, the latter’s lawyer, if he has requested counsel.

4. The Interrogation Room. – The room should provide freedom from distractions. It should be designed
simply to enhance the concentration of both the interrogator and the subject on the matter under questioning.

Interrogation Techniques. -- The following are some of the techniques practiced by experienced
investigation.
a) Emotional Appeals – Place the subject in the proper frame of mind. The investigator should provide
emotional stimuli that will prompt the subject to unburden himself by confiding. Analyze the subject’s
personality and decide what motivation would prompt him to tell the truth, then provide those motives
through appropriate emotional appeals.
b) Sympathetic Approach – The suspect may feel the need for sympathy of friendship. He is apparently
in trouble. Gestures of friendship may win his cooperation.
c) Kindness – The simplest technique is to assume that the suspect will confess if he is treated in a kind
and friendly manner.
d) Extenuation – The investigator indicates he does not consider his subject’s indiscretion a grave
offense.
e) Shifting the Blame – The interrogator makes clear his belief that the subject is obviously not the sort
of person who usually gets mixed up in a crime like this. The interrogator could tell from the start that
he was not dealing with a fellow who is a criminal by nature and choice. The trouble with the suspect
lies in his little weakness – he likes liquor, perhaps, or he is excessively fond of girls, or he has had a
bad run of luck in gambling.
f) Mutt & Jeff -- Two (2) agents are employed. Mutt, the relentless investigator, who is not going to
waste any time because he knows the subject is guilty. Jeff, on the other hand, is obviously a kind-
hearted man.
 29

CRIMINAL INTERROGATION:

1. Types of offender and Approaches to be Used in Dealing with Them:

a) Emotional Offenders have a greater sense of morality. They feel remorse over what they have done.
The best approach in interrogating this type of offender is the sympathetic approach.
b) Non-Emotional offenders normally do not feel any guilt, so the best way to interrogate them is through
the factual analysis approach, that is, by reasoning with the subject and letting him know that his guilt
has already been, or will soon be, established.

2. Interrogation of Suspect Whose Guilt in Definite or Reasonably Certain.

a) Maintain an attitude which shows that you are sure of yourself when you conclude that the subject is
needed guilty.
(i) don’t be very friendly with the subject and do not offer a handshake.
(ii) At the outset, accuse the subject of lying. If he reacts with anger, this usually indicates innocence,
But if he remains calm, you can generally conclude that your suspicion of guilt is confirmed.
(iii) Interruption of questioning by the subject may indicate innocence. Silence is equated with guilt.
(iv) Do not allow the subject to repeatedly deny his guilt.
(v) Assume that the subject is guilty and proceed to ask why he committed the act, instead of wasting
time on who did it.
(vi) When interrogating a “big shot”, it may be useful to lower his status by addressing him by his first
name, instead of using a little of respect.
(vii) Remember that one who is trained in criminal interrogation is easier to question than an ordinary
criminal since he has less confidence in himself as a liar.

b) The subject should be made aware of the fact that the interrogator knows information indicating his guilt
and that the interrogator is not merely “:fishing” for evidence.
c) Let the subject know that he is showing signs of deception, some of which are.

(i) Pulsation of the carotid (neck) artery.

(ii) Excessive activity of the Adam’s Apple.
(iii) Avoiding the eyes of the interrogator, swinging one leg over the other, foot wiggling, winging of
the hands, tapping of fingers, picking fingernails, etc.
(iv) Dryness of the mouth.
(v) Swearing to the truthfulness of assertions. This is frequently used by guilty subjects to strength
their assertions of innocence.
(vi) “Spotless past Record” – “Religious Man.” These are asserted to support statement which the
subject knows, and realizes the interrogator knows, to be false.
(vii) A “Not that I Remember” or “As far As I know” expression should be treated as a veiled admission
or half truth.

d) Sympathize with the subject by telling him that anyone else under similar conditions or circumstances
might have done the same thing.
e) Reduce the subject’s guilt feeling by minimizing the moral seriousness of his offense.
f) In order to secure the initial admission of reasons, motives or excuses to the subject.
g) Sympathize with the subject by:
(i) Condemning his victim. During the questioning, the interrogator should develop the notion that
the initial blame, or at least some of the blame, for the crime nests upon the victim.
(ii) Condemning the suspect’s accomplice. Bu the interrogator must be cautious so that his
comments are not misinterpreted by the subject as leniency or exculpation from liability.
(iii) Condemning anyone else upon whom some degree of moral responsibility might be placed for
the commission of the crime.
 30

h) In encouraging the subject to tell the truth, display some understanding and sympathy.
i) Tell the subject that eleven (11) if he were your own brother (or any other close relative), you would still
advise him to speak the truth.
j) Early in the interrogation, have the subject situate himself at the scene of the crime or in some sort of
contact with the victim or the occurrence.
k) Seek an admission of lying about some incidental aspect of the occurrence. By achieving this, the
subject losses a great deal of ground, bringing him nearer to the confession stage, because he can
always be reminded by the interrogator that he has not been telling the truth.
l) Appeal to the subject’s pride by welling selected flattery or by a challenge to his honor. Flattery is
especially effective on women subjects.
m) Point out the uselessness of lying.
n) Point out to the subject the grave consequence and futility of a continuation of his criminal behavior.
o) Rather than seek a general admission o f guilt, first ask the subject a question regarding some detail of
the offense, or inquire as to the reason for its commission.
p) When co-offenders are being interrogated and the previously described techniques have been ineffective,
play one against the other. This is effective because when two or more persons have collaborated in the
commission of a
criminal offense and are later apprehended for questioning, there is usually a constant fear on the part of each
participant that one of them will “talk” in exchange for some leniency or clemency.

3. Interrogation of Suspect Whose Guilt is Uncertain:

a) Ask the subject if he knows why he is being questioned.

b) Ask the subject to relate all he knows about the crime, the victim, and possible suspects.
c) Obtain from the subject detailed information about his activities before, during and after the occurrence
under investigation. This is a good method of testing the validity of the subject’s alibi.
d) Where certain facts suggestive of the subject’s guilt are known, ask him about them rather casually and
as though the real facts were not already known, to give the subject an opportunity to lie. His answer will
furnish a very good indication of his possible guilt or innocence, and if he is guilty, hie position becomes
very vulnerable when confronted with the facts possessed by the interrogator.
e) At various intervals, ask the subject certain pertinent question in a manner which implies that the correct
answers are already known.
f) Refer to some non-existing incriminating evidence to determine whether the subject will attempt to explain
it; if he does , that is an indication of guilt.
g) Ask the subject whether he ever thought about committing the offense or one similar to it. If the subject
admits he had though about committing it, this fact is suggestive of his guilt.
h) In theft cases, if the suspect offers to make restitution , that fact is indicative of guilt.
i) Ask the subject whether he is willing to take a lie-detector test. The innocent person will almost always
immediately agree to take practically any test to prove his innocence, whereas the guilty person is more
prone to refuse to take the test or to find excuse for not taking it, or for backing out of his commitment
to take it.
j) A subject who tells the interrogator, “All right I’ll tell you what you want, but I didn’t do it,” is, in all
probability, guilty.

4. General Suggestion Regarding the Interrogation of Criminal Suspects.

a) Interview the victim, the accuser, or the discoverer of the crime before interrogating the suspect.
b) Be patient and persistent. Never conclude an interrogation at a time when you feel discouraged and
ready to give up; continue for a little while longer.
 31

c) Make no promise when asked, “What will happen to me if I’ll tell the truth?” A promise of leniency or
immunity may induce an innocent man to confession.
d) View with skepticism the so-called conscience-stricken confession.
e) When a subject has made repeated denials of guilt to previous investigators, first question him, whenever
circumstances permit, about some other, unrelated offense of a similar nature of which he is also
considered to be guilty.
f) An unintelligent, uneducated criminal suspect, with a low cultural background, should be interrogated on
a psychological level comparable to that usually employed in the questioning of a child.

5. Interrogation of Witnesses and other Prospective Information.

a) Give the witness or prospective informant an assurance that the offender will not harm him or any member
of his family, and that there is a witnesses protection program specially designed to meet that contingency
when it becomes necessary.
b) If such witness or prospective informant refuses to cooperate with the police, try to sever any bond
between him and the offender, and proceed to interrogate the witness or informant as if he were the
suspect.

METHODS OF DETECTING DECEPTION

Cross-checking information with testimonies, physical evidence, or other existing information.

Psychological method (evaluation of the emotional, behavioral and cognitive reaction of a person).

Interrogation (testing the credibility of the suspect’s statements).

using “lie detection” instruments

lie detection methods available today.

Detection of Deception

• Since the interrogator’s main objective is to obtain true information — true, that is, in the sense that it
accurately reflects what is in the subject’s mind — he is necessarily concerned with the methods of
distinguishing truth from falsehood.

• He relies, ordinarily, on his common sense, experience, and knowledge of human behavior to
determine whether the subject is giving him true information, is misleading him with evasions and false
statements or is ignorant of the facts as he claims.

• The interrogator must rely on the emotional reactions of the subject discernible in his features and
mannerisms or his unconscious physical behavior.

Methods involving the use of scientific devices that record psycho physiological responses, these
methods include:

WAT (Word Association Test)

PSE (Psychological Stress Evaluation)

Polygraph Method (Polygraphy)

 32

Methods involving the use of substances that “inhibit the inhibitor”.

Administration of “truth serum”

Narcoanalysis/Narcosynthesis

Intoxication with alcohol

Hypnosis (hypnotic induction)

Scientific observation

Scientific interrogation

WORD ASSOCIATION TEST

The essential element in a typical word associations test is that one word or idea is reminiscent of
another, and the expression of their association forms a meaningful picture.

PSYCHOLOGICAL STRESS EVALUATION

PSYCHOLOGICAL STRESS EVALUATOR is a device that detects emotional stress in a person’s voice.

MICROTREMORS refers to the low amplitude oscillation of the reflex mechanism that controls the
length and tension of a stretched muscle.

TREMOR is believed to be a function of the signals to and from motor neurons.

RECORDING OF THE PSYCHO-PHYSIOLOGICAL RESPONSE

The nervous control of the human body includes the central nervous system (the brain and the spinal
cord) and the autonomic or regulating nervous system (sympathetic and parasympathetic). The central
nervous system primarily controls the motor and sensory functions that occur at or above the threshold. It may
be voluntary. The autonomic nervous system acts as a self-regulating autonomic response of the body.

The autonomic nervous system is composed of two complimentary branches: the sympathetic and the
parasympathetic nervous system, acting opposite each other. The fibers of both enervate all organs where
self-regulation is essential.

When a person is under the influence of physical (exertion) or emotional (anger, excitement, fear, lie
detection, etc.) stimuli, the sympathetic will dominate and over-ride the parasympathetic, thus, there will be
changes in the heart rate, pulse rate, blood pressure, respiratory tracing, psychogalvanic reflexes, time of
response to question, voice tracing, etc. The parasympathetic nervous system works to restore things to
normal when the conditions of stress have been removed. It is the dominant branch when the condition is
normal and the subject is calm, contented and relaxed.

POLYGRAPHY

A modern scientific examination technique in detecting deception whether the subject is telling the truth
or not with the use of polygraph machine

ADMINISTRATION OF TRUTH SERUM

 33

TRUTH SERUM acts as depressant on the nervous system. In this method, common drugs used are hygiene
hydro bromide and scopolamine. Truth serum is use in locating the suspects and stolen items.

NARCOANALYSIS

This method is similar to the preceding technique. However, the drug used in Narcoanalysis are
sodium amytal and sodium pentothal to sedate the subject

HYPNOSIS

It is the technique of inducing a person into a state of consciousness whereby he can respond to
questions and is very susceptible to question. HYPNOTISM is an act of inducing hypnosis to dazzle or
overcome by suggestion.

INTOXICATION WITH ALCOHOL

Alcohol can reveal the real character behind the facade of a person. This theory can be traced in an
old Latin maxim “In Vino Veritas”.

new sophisticated techniques

Computerized Voice Stress Analysis

Brain Scanning

Iris Analysis

Functional Magnetic Resonance Imaging

COMPUTERIZED VOICE STRESS ANALYSIS

Voice stress analyzer purportedly detect physiological microtremor in speech and convert those
components to a graphical representation of experienced by the subject.

7. BRAIN WAVE FINGERPRINTING

Neuroscientist Lawrence Farwell who is managing a Brain Wave Institute, Iowa, patented this
technique in 1985. Dr. Farwell’s research, however, looks at a specific type of electrical brain wave, called
P300, which activates when a person sees a familiar object.

SCIENTIFIC OBSERVATION OF LYING PERSON

The following are the psycho-physiological sign and symptoms of guilt:

1. SWEATING – accompanied with a face indicate anger, embarrassment or extreme nervousness.

2. COLOR CHANGE OF FACE – flushed face may indicate anger, embarrassment, or shame.

3. DRYNESS OF MOUTH – nervous tension causes reflex inhibition of salivary secretion and consequently
dryness of the mouth.

4. EXCESS ACTIVITY OF THE ADAM’S APPLE

 34

5. FIDGETING – a suspect may be constantly moving about in the chair, pulling his ears, rubbing his face, etc.

6. PECULIAR FEELING – there is a sensation of lightness and the subject is confused.

7. SWEARING TO THE TRUTHFULNESS OF ASSERTION

8. RELIGIOUS MAN AND/OR SPOTLESS PAST RECORD

9. INABILITY TO LOOK AT THE INVESTIGATOR STRAIGHT IN THE EYE

10. NOT THAT I REMEMBER EXPRESSION

TYPES OF LIES

1. Direct Denial- is a lie that results to emotional disturbance.

2. Lie of Omission-act of telling what transpired but omitting details that are incriminating..

3. Lie of Exaggeration- is the type of lies used by a person who overplays what actually happens.

4. Lie of Minimization- involves acceptance of a person that something happen but downplays the implication
or seriousness of the offense.

5. Fabricated Lie- involves the act of creating a story or series of events that never transpired

6. BENIGN OR WHITE LIE – used to maintain harmony of friendship, harmony of the home or office.

7. RED LIE – this lie is common to communist countries. This is used to destroy other ideologies by means of
propaganda.

8. MALICIOUS LIE – a chronic lie purely used to mislead justice, a pure dishonesty to destroy justice.

TYPES OF A LIAR

Panic Liar- decides to circumvent the truth in order to avoid humiliation consequences of his confession to
himself or to his family.

Occupational Liar- one who is being paid to tell lies.

Tournament Liar- His view is that telling lies is one form of contest.

Ethnological Liar- is a person trained to lie.

Psychopathic Liar- is an individual who has no conscience.

Pathological Liar- is a sick person who tells a lie simply because he cannot distinguish what is right from what
is wrong.

Black Liar- is one who enjoys pretending and better known as hypocrite.
 35

GENERAL PRINCIPLES IN INVESTIGATION

Investigation (defined), is the collection of facts to accomplish a three-fold aim:

a To identify the suspect;

b. To locate the suspect; and
c. To provide evidence of his guilt. In the performance of his duties, 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.

Protocols in Investigation

Jurisdictional Investigation by the Territorial Unit Concerned. The Police Station. which has territorial
jurisdiction of the area where the crime incident committed, shall immediately undertake the necessary
investigation and processing of the crime scene, unless otherwise directed by higher authorities for a certain
case to be investigated by other units/agency. (Protocol 1)

Official Police Blotter

a. A Police Blotter is an 18 x 12" logbook with hard bound cover that contains the daily register of all crime
incident reports, official summary of arrests. and other significant events reported in a police station. (par. a
Protocol 2)

b. As a general rule, all crime incidents must be recorded in the official police blotter. (par. b Protocol2)

c. A separate Police Blotter, however, shall be maintained for offenses requiring confidentiality like violence
against women and children and those cases involving a child in conflict with the law to protect their privacy
pursuant to R.A. 9262 (Anti-Violence Against Women and Children Act of 2004) and R.A. 9344 (Juvenile Justice
and Welfare Act of 2006). (par. c Protocol 2)

d. The duty police officer shall record the nature of the incident in the police blotter containing the five "W"s (who,
what, where, when and why) and one H" (how) of the information and inform his superior officer or the duty
officer regarding the Occurrence of such incident. (par. d Protocol 2).

e. In answering the above 5 Ws and 1 H and the Case Disposition, , all such material details about the incident,
including the nature of the action or offense; the Date, Time, and Place of Occurrence; the names of the
suspect/s, the victim/s, the witness/es, if any; facts of the case: significant circumstances that aggravate or
mitigate the event or the crime should be entered along with the identity of the officer to whom the case is
assigned (Offcer-on-case); and, the status of the case. (par. e Protocol 2)

Investigation Team:

Organization and Equipment

a. All investigators in any police unit must be a graduate of prescribed investigation course with a rank of at least
PO2 (police corporal (pre-requisite to assignment). (par. a Protocol 3)
 36

b. Composition:

1. Team Leader
2. Investigator/ recorder
3. Photographer
4. Evidence custodian; and
5. Composite Illustrator/ Artist

c. Equipment of the investigator:

1. Police line
2. Video camera
3. Voice recorder
4. Camera
5. Measuring device
6. Gloves
7. Flashlight
8. Fingerprint kit
9. Evidence bag
10. Evidence tag
11. Evidence bottles/ vials; and
12. Investigator’s tickler (contains the following) a) Investigator's checklist b) Anatomical diagram form c)
Evidence checklist d) Turn-over receipt

Definition of Terms

Criminal Investigation (defined) - It is the collection of facts in order to accomplish the three-fold aims - to
identify the guilty party; to locate the guilty party; and to provide evidence of his (suspect) guilt.

Criminal Investigator (defined) - A public safety officer who is tasked to conduct the investigation of all criminal
cases as provided for and embodied under the Revised Penal Code/Criminal Laws and Special Laws which are
criminal in nature. A well- trained, disciplined and experienced professional in the field of criminal investigation
duties and responsibilities.

Diligence of a Good father of Family - Used in reference to person of ordinary or average diligence. To
determine that diligence, we must use as a basis the abstract average standard corresponding to a normal
orderly person. Anyone who uses diligence below this standard is guilty of negligence.

Organized Criminal Group - A structured group of three or more persons, existing for a period of time and
acting in concert with the aim of committing one or more serious crimes or offenses as defined in the United
Nations Convention against Transnational Organized Crime, in order to obtain, directly or indirectly, financial or
other material benefit.

Organized Crime - A combination of two or who are engaged in a criminal lor virtual criminal activity on a
continuing basis for the of profit or power using gangland style to attain their purpose.

Parole Evidence - Requisites. For the admissibility of Parol evidence of the ground of mistake or imperfection
of the writing, the following requisites must concur; 1) the mistake should be of fact; 2) the mistake should be
mutual both parties to the instrument; or common to and 3) the mistake should be alleged and proved by clear
and convincing evidence.
 37

Upon the Arrival at the Crime Scene

A crime scene investigation begins well before the CSI enters a structure, an open field or wooded area.
Usually, the radio dispatch message is brief and seldom reveals the full nature of the incident. Most often this is
done to avoid drawing on-lookers and the media who may be monitoring the dispatch frequency. As the CSI
turns onto the street in question, his first obligation is to "turn on" his powers of observation. He may make a
mental note of what he sees, hears and smells-or better still-records them on a digital voice recorder. His first
reaction to the scene must be, "Does anything look out of place? What odors may be noticeable and are there
unusual sounds.

Secure and Protect the Scene

Hopefully the first responders haven't caused too much disruption to any potential physical evidence.
Before even stepping inside the structure, ingress and egress to it must be controlled. Sentries at all possible
entrances should be put in place. The crime scene investigator (CS), after learning the basic facts-in this case it
appears that a white male appears to have a single bullet wound the head and rigor has set in this from the first
responders, so the CSĨ will establish the boundaries of the crime scene. The outcomes the crime scene tape.

Initiate Preliminary Survey

The crime Scene investigator before entering the structure an exterior Survey 1s needed. This may be
nothing more that walking around the exterior of the structure to see if any obvious evidence is apparent, this
would include open windows, damaged door ladders and the like. The question the CSI is asking is how was
entry made to the structure, once indoors, the CSI will make a visual survey of the actual room in reported took
place. This is a good time to also take overall photos of the scene. He will then Survey adjoining rooms to
determine if these spaces may have information relative to the incident. Most law enforcement agencies conduct
such investigations of an unattended death no physician present as a possible homicide-until it is determined
otherwise. Unlike some TV dramas, the CSI is on site for the purpose of finding valuating and collecting physical
evidence. In most agencies, statements from witnesses and survivors are handled by the
investigators/detectives. During this entire survey period, the CSI is taking notes and/or recordings of his sensory
observations.

Evaluate Physical Evidence Possibilities

The very nature of what appears to be obvious should trigger the thought-processes of the Crime Scene
Investigator. What happened here, when did it happen and what sort of evidence should be present? Questions
that should be answered initially are: 1. Did the shooting occur in this room? 2. Has the body been moved (by
first responders or perpetrator(s)? 3. Has any object been moved (especially by first responders or family
members? 4. Were additional shots besides the one in the victim's head. This means examining walls, ceiling,
room objects, etc.? 5. Are shell casings apparent. If so-mark then with placards, evidence tents, etc. so they will
be obvious in photos.? 6. Are traces of blood apparent in other areas of the room-indicating movement of the
victim? 7. Is blood spatter apparent? 8. Are there signs of a struggle? 9. Are there visible footprints in the blood?
10. Each crime scene may well generate other questions to be answered by the CSI. The above list is simply
the most obvious questions.

Prepare Narrative of the Scene

The Crime Scene Investigation's notes can serve as a very critical part of the overall physical evidence
available from the scene. The investigator must keep in mind that months or even years later this case may go
to trial. Your notes must present the full story of what you saw and any impressions the evidence gave you. Avoid
speculation as to what occurred unless you have physical evidence to back it up.
 38

Capture the Scene Photographically

Be certain to have overall, medium range and close-up shots of any potential physical evidence. Be
certain to include scales in the close-up shots. Prepare the Crime Scene Sketch Many Crimes Scene
Investigator's will prepare the rough sketch at the scene and will complete a detailed sketch back at
headquarters. The rough sketch should contain no more or no less than the final, detailed sketch. It is always
recommended that an assistant help out when lacking measurements, and it's a good idea is to have this
individual verify each measurement to avoid questions later. A sketch is usually made of the scene as if one is
looking straight down or straight ahead. Measurements should be taken at crime scene of distances between
two objects, room measurements and key pieces of evidence. Two measurements should be taken at right
angles to each other from two location points. Each measurement should be double measured to make sure
they are correct and accurate. A professional the measurements and notes taken by the investigators can make
a final sketch. However, the original sketches should not be thrown out but saved along with other key evidence
in case a disagreement occurs or something was missed. Once the crime scene has been recorded with
videotaping, still photography and sketches, gathering of evidence can occur. Gathering and locating physical
evidence is a very slow a tiresome job when done correctly, however, it can surrender many clues. One of the
first things an investigator must determine is the size and area that must be searched. The main focus search
must include all likely points of entry and exits used by the criminals. When searching, certain patterns may be
used to cover and examine the are There are about three different ways in which an area can be examined. One
way is a spiral search method which is by starting in the center of the scene and work in a spiral outward do
this method until all of the scene has been covered and checked. Another method and usually the preferred
method is the grid method. This is done by marking the crime scene into a grid and walking in a straight line
from one side of the grid towards the other whereas you make 180 degrees turn and come back a few steps
over from where you just searched.

Conduct a Detailed Search

Go over every square inch of the scene in an attempt to locate even the smallest particle of evidence.
"This brings to mind a recent case wherein a woman was brutally beaten to death in her bedroom. Several days
after the crime scene was released to the family, the victim's sister found a tooth from the victim on the bedroom
carpet". Many crime scenes warrant the use of an evidence vacuum in the scene to collect any potential
microparticle evidence such as hair and fibers. This step should be performed prior to any close in inspection of
the victim.

Record and Collect Physical Evidence

a. As potential evidence is located it should be recorded on the crime scene sketch as well as in photographs.
If your agency offers the luxury of having a videographer on hand, video often tells a compelling story to a jury.

b. Crime scene evidence is useless unless it is properly marked and packaged and a Chain of Evidence is begun
from the time it is picked up. Use the proper type of containers for all evidence collected. Never package objects
wet with blood or other physiological fluids in plastic bags, as this will accelerate decomposition. Label and
identify all evidence collected, including the notes taken by the investigator.

c. Of course, the digital age we live in takes note of electronic devices like computers and cell phones. This type
of evidence requires special handling and only experts trained in working with digital items should be permitted
to handle and collect these items.

Conduct a Final Survey

 39

Be certain that every package containing physical evidence is collected leaving nothing behind. Make a
final walk-through to be certain that all potential evidence is bagged and tagged. Release the Crime Scene While
it is normal for others having an interest in the property to want to regain access, the CSI should not be rushed,
coaxed or bullied into releasing the scene until the job is done.

Scientific Examination of Real Evidence

The Crime Scene Search

• Processing and Securing a Crime Scene
• Protecting the Crime Scene and the Evidence
• Laboratory examination of objects and substances located usually at the crime scene Objects and
substances needing examination in some cases are carried, intentionally or unintentionally, by suspects
from the crime scene.

Processing and Securing a Crime Scene

• Processing a crime scene includes the application of diligent and careful methods by an
investigator/policeman to recognize, identify, preserve and collect facts and items of evidentiary value
that may assist in reconstructing that which actually occurred.
• The crime scene is the area surrounding the place where the crime occurred.
• The processing of the area at the scene includes all direct traces of the crime.
• And this is determined by the type of crime committed and the place where the act occurred.

Protecting the Crime Scene and the Evidence

• Successful crime scene processing, depends upon the policeman’s or investigator’s skill in recognizing
and collecting facts and items of value as evidence, and upon his ability to protect, preserve, and later,
to present these in a logical manner.
• This requires making careful and detailed notes and sketches; using correct procedures in taking
photographs of the scene; taking written statements and transcribing verbal statements of witnesses, and
suspects and marking and preservation of collected physical objects of evidentiary nature
 40

INVESTIGATIVE PROCESSES FOR SPECIAL CRIMES (READ IN ADVANCE)

INVESTIGATION OF GRAFT AND CORRUPT PRACTICE CASE

1. Preliminary Statement. In the investigation of graft and corrupt practices case, reference should
always be made to Republic Act no. 3019 in relation to Republic Act No. 1379. R.A. 3019 enumerate
and defines those acts punishable under it, whereas R.A. 1379 provides the procedure for the forfeiture
of certain property in favor of the government.

Pertinent provision of the above-cited laws include:

Whenever any public officer or employee has acquired during his incumbency an amount or property
which is manifest out of proportion to his salary as such public officer or employee and to his other lawful
income and the income from legitimate acquired property, said property shall be presumed prima facie to
have been unlawful acquired. The solicitor General, upon complaint by any taxpayer to the city or
provincial fiscal who shall conduct a previous inquiry similar to preliminary investigation in criminal cases
and shall certify to the Solicitor General that there is reasonable ground to believe that there has been
committed in violation of this act (RA 1379) and the respondent is probably guilty thereof, shall file, in the
name and on behalf of the Republic of the Philippines, in the Court of First Instance (now Regional Trail
Court) of the City or province where said public officer or employee resides or holds office, a petition for a
writ commanding said officer or employee to show cause why property aforesaid, or any part thereof.

2. Investigation of Unexplained Wealth.

a) Information sheet (IS) of subject.

b) Records of employment in and out of the government.
c) Statement of incomes, allowances, per diems, etc.
d) Statement of Assets ad liabilities.
e) Records of real and personal property, such as lands, houses, vehicles, animals, shares of stocks,
bonds and other investments, etc. (Their acquisition cost should be determined).
f) Income Tax Returns (all available)
g) Bank records where subject has contracted loans.
h) Saving and time deposits, and current accounts, as an exception to the application of the Secrecy
of Bank Deposit Act (RA 1405).
i) Interviews the persons who can give information as to the property of Subject, their sources,
whereabouts, cost, etc.
 41

j) Follow up all needs, appearing in all the records documents secured, as to subjects assets and
liabilities.
k) Others as indicated by the peculiar circumstances of the case.
l) Explanation of the subject if he so elects.

3. Formula in Establishing the Case

a) Determine the subject’s source of income and liabilities (net worth) above assumption of public
office.
b) Determine the subject sources of income during his tenure of office.
c) Determine the subjects expenses (to be deducted from his income) during his tenure of office.
d) Determine the subjects assets and liabilities (net worth) after his tenure of office.

4. When is there Illegal Enrichment in office?

a) With Subject’s income and expenses constant, an increase in assets without a proportionate
increase in liabilities.
b) Where subjects income has increased and expenses constant, an increase in liabilities must be
compared to the increase in income. Where the increase in assets far exceeds the increase in
income, illegal enrichment is very probable.
c) Decrease in income/increase in expenses and decrease in liabilities are factors that strengthen a
case of illegal enrichment where there is an apparent increase in assets.

5. Investigation of Corrupt Practice.

In the investigation of this kind of case, the investigator is advised to be guided by the provision of law
involved, the elements of the acts complained and sought to be proved.

6. Investigation of Cases Re Prohibition on Certain Persons.

As in the investigation of corrupt practice cases, the investigator should be guided by the pertinent
provision of the law.

7. Investigation of Cases Re Failure to File Statement of Assets and Liabilites.

a) Certification from the Department heads, or Office of the President, or Office of the Secretary of the
corresponding House of Congress.
b) Explanation of subject (if he so desires.)

INVESTIGATION OF CASES OF FALSIFICATION

1. Acts Constituting Falsification Under Art. 171 of the Revised penal Code.
 42

a) Counterfeiting or imitating any handwriting, signature or rubric.

b) Causing it to appear that the persons have participated in any act when they did not in fact so
participate.
c) Attributing the persons who have participated in an act or proceeding statements other than those
in fact made by them.
d) Making untruthful statement in a narration of facts.
e) Altering true dates.
f) Making any alteration in a genuine document which changes its meaning.
g) Issuing in an authenticated form a document purporting to be a copy of an original document when
no such original exist, or including in such copy statement contrary to, or different from, that of the
genuine original.
h) Interrelating any instrument or note relative to the issuance thereof in a protocol, registry, or official
book.

2. Specimen or Standard Writing.

To prove falsification, it is usually necessary for an investigator for secure a specimen of the suspect’s
handwriting for comparison purpose. There are two (2) classes of specimen or standard writings. One
consist of writing or printing executed from the day to day in the course may be referred to as collected
standard. The second class consist of specimen’s of the person’s writing or printing executed upon
request of the investigating officer for the sole purpose of comparison with the questioned documents and
are generally known a requested or dictated standard.

a) Procedure for Obtaining Collected Standards:

(i) Obtain at least 15 to 20 genuine signature.

(ii) If investigation is about other specimens of handwriting or handwriting, secure at least 4
to 5 pages of handwriting or hand-printing.
(iii) Procure ink signature for comparison with questioned ink specimens and pencil standard
for comparison with questioned pencil specimens.
(iv) Secure, when available, genuine signature for the same purposes as the questioned
documents.
(v) Supplement standard with the signatures for different purposes.
(vi) Procure standard signature of approximately the same date as the disputed documents.
(vii) If questioned signature was written under unusual conditions, attempt to obtain some
specimens which were executed under similar conditions

c) Procedure for Obtaining Requested Standard:

(i) Obtain at lest 25 to 30 specimen signatures.

(ii) If inquiry pertains to extended handwriting, dictate at least 5 to 6 pages of material, including
approximately one page which is repeated three (3) times.
(iii) If possible, have writer make out specimen checks or receipts aside from his signature.
(iv) If questioned signature are in ink, have suspect write with a pen; if in pencil, with a pencil.
(v) Require suspect to write each signature on separate sheets of paper or forms.
(vi) Provide paper forms of the same size, shape, composition and ruling as the questioned.
(vii) Whenever possible, always interrupt preparation of standard once or write for rest periods.
 43

(viii) Provide normal writing conditions. If questioned. If writing is known to have been executed
under unusual conditions, obtain some standard under similar conditions.
 44

HOMICIDE (Generic) INVESTIGATION

1. Places of Importance.

a) The crime Scene. Make a methodical and thorough search.

b) Avenues of Approach. How did the search(s) arrive?
c) Avenues of Escape. Investigate and search along this route.
d) Places where victim was seen immediately preceding his death. Who was he with? What was he
doing? Was this customary? Get the time.
e) Places where suspect claims he was; places where ha was seen prior to, during and after the crime
was committed for the purpose of checking his alibi.
f) Places where evidence can be found. Weapons or poisons, etc. Where can they be obtained?
Where can they be hidden?
g) Other places as indicated by the peculiar circumstances of the case.

2. Times of Importance.

a) Time when fatal injury was inflicted. You have to put the suspect(s) at the crime scene at this time
by admissible evidence.
b) Time of incapacitation.
c) Time of death.
d) Time body was discovered.
e) Time crime was reported.
f) Time of arrival of police at the scene.
g) Time victim was last known to be live.
h) Times relative to victim’s movement preceding death.
i) Times relating to suspect(s) movements.
j) Times relating to police activity.

3. Persons of Importance .

a) Victim. What is his history? His relationship with other people?

b) Witnesses. Get their statement without delay.
c) Suspects. Eliminate them if there is absolutely no evidence against them, or thoroughly tie them to
the case by penetrating investigation.
d) Person who reported the crime. Remember that he probably has key information. Check out his
statement.
e) Alibi witnesses. Exhaustive interview is necessary. Check and re-check their stories. Let them
account for their time. Background investigation may be necessary.
 45

f) Persons who stand to gain by the death. This is a touchy thing. Be circumspect in your approach.
g) Relative and other sources of information.

4. Things of Importance.

a) Body of the deceased.

b) Belonging of the deceased. Here, we may find motive.
c) Items of evidence should be legally obtained and carefully preserved.
d) Weapons. Locate, list and record then as evidence.
e) Means of transportation.
f) Sound, shots, scream, arguments. Or failing objects.
g) Odors – of gunpowder, distinctive smell of poison, etc.

5. Terms Encountered in Homicide.

a) Homicide -- The killing of one human being by another.

b) Sororicide – The act of one who kills his or her own sister.
c) Fratricide – The act of one who murders or kills his own brother.
d) Matricide – Murder of a mother by her own child.
e) Patricide – The act of one who kills his own father.
f) Parricide – The act of one who murders a person to whom he is related such as his parent, spouse,
or child. This is a generic term.
g) Infanticide – The killing of an infant less than 3 days old.
h) Suicide – Taking one’s own life voluntarily and intentionally to death.
i) Uxoricide – Act of one who murders his wife.
j) Regicide – The killing or murder of a king.
k) Vaticide – The murder of a prophet.
l) Euthanasia – Mercy killing or the act or practice of painlessly putting to death persons suffering from
incurable and distressing disease.
m) Aborticide – Act of destroying a fetus in the womb. Better known as “abortion”.
n) Homocide – Not the killing of a homosexual but a misspelling of homicide.

6. Time of Death Estimates in Homicide Investigations.

a) Algor Mortis (Body Cooling)

(i) General Rule: 1.5°/hr when room temperature is about 70°/hr.

Dr. Simpson: 2.5 °/hr for the 1st 6 hrs and an average of 1.5 to 2 ° loss/hr over the 1st 12 hrs.
 46

(ii) Factors: Body temperature at the time of death; body; clothing or covering ; environmental
temperature.

b) Rigor Moris (Stiffening of Muscles Tissue)

(i) General Rates (Average clothed adult; observed in small muscles first);
(ii) Factors: Body temperature at death high/low environmental temperature (heat hasten, cold
retards); strenuous muscular activity; emotional excitement.

c) Livor Mortis

(i) Rate:
Visible – ½ to 4 hours
Well-developed – 3 to 4 hours
Maximum – 8 to 12 hours

(ii) Factoras: Ciculatory failure; chronic anemia or acute blood loss;carbon monoxide poisoning
cyanide poisoning, case of rapid cooling; “Tardieu’s Spots” petechiae (over-congestion of
blood in capillaries).

7. Basic Outline for Homicide Investigations.

a) Record the time the call was received as well as the time of arrival at the scene.
b) Ascertain if victims still alive. Record all first impression of the scene.
c) If the Victim is alive, give first aid.
d) If the victim is alive and conscious, try to get a dying declaration.

(i) The declaration must be made under the consciousness of an impending death. The declaration must
have abandoned all hope of living.

[1] What is your name and address?

[2] Do you believe that you are about to die?
[3] Do you have any hope of recovery from the effects of the injuries you have received?
[4] Please tell me how you received the injury from which you are now suffering.
[5] Please give me the name and description from the person who did this to you and why he did it.

(iii) The statement pertains to circumstances surrounding the attack, that is, the identify of the
assailant, the plate number of the suspect’s vehicle, etc.

(iv) The dying declaration is sought to be used in a case where a death of the declarant is the
subject of inquiry.
 47

e) Be objective, calm and use your brains. Remember that if the victim is dead, there is nothing you can
do for him, so gather your wits and think through each step before you take them.

f) Protect the crime scene by:

(i) Limiting the people present.

(ii) Putting one person in complete charge of the crime scene. All officers should report to him
and ask for orders.
(iii) Protecting footprints, fingerprints, blood stains, etc., from injury by placing evidence tags on,
or an officer near, the evidence to ensure that it will not be destroyed.

g) Do not remove anything until its location and position has been noted and photographed. The
position of evidence should be located by some accurate means of measurement.
h) Do not untie knots in ropes and similar items of evidence. If the victim is found hanging, pay
particular attention to the direction of fibers on the rope. Is there a worn spot over a branch or
after?
i) Designate on person to pick up all the physical evidence. No one should touch or move anything
until after the fingerprint man and criminologist have finished their task.
j) A systematic, detailed search of the crime scene should be conducted. After this search, have
another team re-search the area. This is done under the theory that one person might see items of
evidence that could have escaped another person.
k) Color photographs should be taken as well as black-and-white.
l) Look for physical evidence that will tend to prove the elements of the crime you are investigating.
m) Look for unusual odors, symbols, fetishes, rituals.
n) When the body is finally moved, attention should be given to the area beneath the body.
o) While moving the body, use a robbery sheet to prevent contaminating the crime scene with spilled
blood.
p) Conduct careful inspection of a dead person holding a gun. (The land of a dead person unusually
has no gripping power. Therefor, if the gun were placed in the hand after death, it may have been
placed in unnatural position [Cadaveric Spasm].
q) Note the condition and types of food at the crime scene as the pathologist may be able to use this
information in determining whether the victims last meal was eaten at the crime scene.
r) The course and direction of each bullet should be determined. This applies to the trajectory of the
bullet through the body as well as the trajectory of the bullet through solid objects at the crime
scene.

s) If all slugs are not removed at the crime scene, have the body X-rayed. X-ray is excellent for
determining the distance of fire from patterns and shows the trajectory of the bullet through the
body.
t) Take photographs of all bystanders. These may be helpful later to identify possible witnesses or
subject (who sometimes DOES return to the crime scene).
u) Try to:

[i] Determine if any of the victims property or money is missing.

[ii] Record the color of blood stain (bright red, reddish brown, brown, black or almost black).
[iii]Determine what portion of the stain is wet (just the center, completely wet, completely dry, dry
around the edges) for an estimate of time of death.
 48

[iv] If the blood is wet, see if a paper clip will separate the stain a it goes through or if the blood will
flow together again.
[v] Note the size, dimension and location of stains.
[vi] Determine the direction and distance of blood drops.
[vii] Enter in your notebook details of the test to determine whether the victim is still alive. Record if
the body is cool to touch, warm, etc.
[viii] Record the weather, as well as weather changes (sunny to cloudy or vice-versa).
[ix] Obtain soil samples when necessary.
[x] Look for the weapons which could have inflicted the wounds.

v) If it is necessary to cut off the victim’s clothing the cut should not be done through bullet or knife
holes. Where possible, cut the clothing along the seams so that the clothing can be referred to
approximately its original condition.
w) The spatter pattern of blood spots should be noted as it is:
x) BE CAUTIOUS. Remember that fingerprints may be present or light on light switches, light bulbs,
telephones, doorknobs, etc.
y) When fingerprints an object which has a dark color, consider using fluorescent as the standard
fingerprint powders are not as effective in developing latent prints on such objects.
z) Aerial photographs of the crime scene and escape route should be taken, when possible and
practicable.

8. Handling the Suspect.

If the suspect is at the crime scene, do not advise him of his constitutional rights unless he is to be questioned
there immediately for evidence of his own guilt to be used against him in court.

a) Obtain the following evidence from the suspect:

(i) The suspect’s clothing should be photographed, marked and sent to the laboratory.
(ii) Any scratches on the suspect should be photographed.
(iii) Fingernail scrapings should be obtained.
(iv) Take blood samples from the suspect in a medically approved manner and with proper legal
justification.
(v) Take hair samples.
(vi) Acquire handwriting samples when applicable.
(vii) Have the fingerprint technician check the paper money which may have been taken from the
victim house for the victim’s house for the victim’s fingerprints.
(viii) Check the suspect’s personal effects very closely for items of evidentiary value.
(ix) Obtain teeth mark impressions when appropriate.
(x) Semen samples in rape or rape with homicide cases should be obtained medically not by
hand.
(xi) Consider polygraph examination.

b) Never take a suspect or a suspect or a subject to the crime state in the clothing he was wearing at
the time he was arrested. (This includes shoes.) The defendant’s lawyers may be later claim that
the clothing was contaminated at the scene of the crime.
 49

c) Attempt to ascertain in the following:

(i) The suspect’s mode of living before the crime as compared to the amount of this income.
(ii) his mode of living after the crime. (Compare his financial condition before the crime with his
financial condition after the crime.)
(iii) Compare his behavior before the crime with his behavior after the crime.

d) The integration of the suspect should cover all of the elements of the alleged offense and the
interrogator should ascertain if the defendant knew the nature and consequence of his acts.
e) Make a methodical and complete check of any suspect’s alibi.
f) Have a psychiatrist.

9. Body and Post Mortem.

a) Someone should be designated to accompany the body from the scene to the autopsy. If the
victims is alive, a dying declaration can be taken en route to the hospital.
b) An investigating officer should remain at the autopsy to prevent the embalming of the body and to
prevent any one from touching or removing any of the clothing from the body until the pathologist
arrives. He should also be able to make a detailed report to the homicide commander regarding the
finding of the pathologist. He will be expected to convey details of the crime scene investigation to
the pathologist and, if the defendant has made a statement that the victim was in a certain position,
this should be related to the pathologist.
c) Whenever possible, request that a crime laboratory technician attend the autopsy. The technician,
the detective and the pathologist can contribute a great deal to the successful outcome if they share
their knowledge at one of the most important srages of the investigation – the autopsy.
d) The photograph of the position of the body at the crime scene can be a value aid to the pathologist
in determining whether the location of the post mortem lividity is consistent with the position of the
body as depicted in the in the photograph.
e) At the autopsy:

(i) Obtain a blood sample from the victim.

(ii) Collect the victim’s clothes, mark and preserve them as evidence.
(iii) Take fingernail scrapping from the victim if not previously done.
(iv) Ask the laboratory technician to check wound to compare with the weapon used.
(v) Obtain hair samples (from wounds and all areas of the body.)
(vi) Obtain all semen from the vaginal canal.
(vii) Check the breast for saliva in rape with murder cases.
(viii) Check for the bloody fingerprint and other evidence on the body of the victim.
(ix) Have the victim finger, palm and foot printed.
(x) Take color and black-and-white photographs.
(xi) Rectal temperature should be taken.
(xii) Teeth mark impression should be made where applicable.
(xiii) Have the lab technician check the body for powder burns and residue.
(xiv) Ask the pathologist for an opinion regarding the suddenness of death, time of death, the
possibility of movement after death, the sequence of shots, the direction and possible
trajectory of the bullet, etc.
(xv) Look for wounds in the eyes, hairy surfaces, mouth, ears, nose, rectum, vagina.
(xvi) Consider utilizing X-ray techniques to establish the depth of stab wounds and the shape of
the instrument inflicting the injury.
(xvii) In stabbing cases, have the body X-ray for a possible broken tip from the weapon, where
applicable.
 50

(xviii) Obtain body organs in case of death by poisoning.

(xix) Take feces sample when needed.
(xx) Be ready to give the pathologist detailed information from the scene.
(xxi) Remove the victim’s rings and other personal property.

10. Follow-up Investigation

Policy-release no information to the press. Policy here should be set by the Chief of your office.

a) Eventually, it may become necessary for the homicide investigator to produce witnesses, preferably
close friends or relative of the victims, to identify in the presence of the pathologist.
b) Keep witnesses separated so that they will give you truthful accounts of what they permanently
observed, rather than an account of what they were convinced they saw by the strongest
personality among them.
c) Methodically interview resident in the area and record the interviews by using a tape recorder of by
taking notes. Record these even though the information may be negative.
d) When a “Stand-up Photograph” of the victim, clad in the clothing he was wearing at the time of the
offense, consider using a photograph of a mannequin dressed in the victim’s clothing or similar
clothing with a photograph of the victim’s face superimposed on the mannequin.
e) Photographs must be scrutinized for clues and leads that were missed at the initial search.
f) A communication center should be established for the investigation and for the collation of facts
and evidence.
g) Check the victim’s and the defendant’s toll calls.
h) Attempt to reconstruct the movements of the murders.
i) Return to the scene of the crime at the crime of day the crime was committed for at least a week,
perhaps even an hour or so before, to check for possible witnesses.
j) Present photographs and crime reports to several psychiatrist to ascertain what type of person
would commit such a crime. A consensus regarding the type of person by the psychiatrist will
furnish investigative leads. Is motive obvious?
k) Read the newspaper articles regarding the crime and maintain a file of these articles. You may
obtain some valuable ideas or investigative leads.
l) Consider the use of bloodhounds in appropriate cases. When the qualification of a bloodhound to
trail human beings has been proven and there is evidence tending to show that the person charged
was in the area of the homicide, evidence that trained bloodhounds found by following a trail to the
defendant is admissible.
m) Schedule frequent meeting for all persons assigned to the investigation. At these meetings,
discuss all of the leads and the suspects.

11. Court Preparation.

a) have a diagram prepared of the crime scene and the location of all evidence.
b) Make a list of the evidence on hand and what you hope to prove with it.
c) Be prepared to show:

(i) What relationship existed between the victim and the defendant?
(ii) Had the victim made threats of bodily injury to the defendant?
(iii) Had the defendant threatened to injure the victim?
(iv) Are there any witnesses to the threats or is there a witness regarding who is issued the
threats?
 51

d) A color film of the untouched crime scene can be very helpful in conveying to the jury exactly what
the officers observed.
e) Review everything, including testimony, with the prosecutor before trial.
f) Review with witness their testimony to refresh their memory.
 52

INVESTIGATION OF KIDNAPPING FOR RANSOM

1. Prosecution.

a) Avoid any indication that law endorsement officers have been informed of the kidnapping.
b) Avoid publicity of any kind. Knowledge on the part of the kidnappers that the police are working on
the case or that it has become public knowledge could cause them to panic and to make a wrong
decision which could endanger the life of the victim.
c) Contacts by law enforcement officers with relatives of the victim should be in a neutral place to avoid
detection of police investigation.
d) If law enforcement officers are positive that the case in question is kidnapping, and not an ordinary “
missing persons” case, investigation especially those relating to the identifies of the suspects, their
associates their habits, activities and movements, their physical description, etc., should be done with
utmost secrecy.
e) If the foregoing step (letter “d”) might endanger the life of the victim, it is better to freeze all
investigative activities until the victim’s relatives hear from the kidnappers. Always remember that in
kidnapping, the safety and security of the victim is the primary consideration.

2. When Demand for Ransom is Made by Telephone.

a) Steps should immediate be taken to illegally record all telephone conversation with any member of the
kidnapping group.
b) Make necessary legal arrangement to trace calls made by the kidnappers.
c) Covert surveillance of all places where telephone calls were made should be conducted. Instruct the
victim’s relatives to prolong the conversation with the kidnappers to get as much information as
possible (such as background noise, intonation, peculiarity of speech, caller’s age, sex, exact words
used, etc.) without, however, inviting suspicion that the relatives are acting upon orders of the police.
d) KIDNAP CALL REPORT.

If you received a kidnap call:

(i) Try to signal someone to listen on another extension.
(ii) Keep the caller on the line for as long as possible.
(iii) Do not antagonize the kidnapper.
(iv) Give the kidnapper a code word for later identification.
(v) Ask:
Victims Name: ___________________
Where and when seized: _________________
Victim’s code Name: ____________________

(vi) Ask to speak to the victim.

After call:
(vii) Make a written record of it:
Caller’s age _____ Sex_____
Mental State ______________
Peculiarity of speech
 53

(lips, accent, etc.) ________________

Exact words used __________________
Time call was received ______________
Extension received on _______________
(viii) Notify security office at once.
(ix) Tell no one else about the call.

3. When Demand is in Writing.

Demand for ransom made in writing calls for a careful handling of the written communication for
possible lifting of latent fingerprint. Hold the later by its edges and save the envelop in which the note was
placed.

4. When Contact is Made with the kidnappers.

a) Instruct the relatives of the victim to request the kidnappers to show proof that the victims is still alive.
b) Victims relative may ask the kidnappers to reduce the amount of the ransom.

5. Agreement re-Amount , Place, Manner of Delivery of Ransom Money.

a) Denomination and serial numbers of the bills must be recorded.

b) The designated place for the delivery of the ransom should as much a possible be placed under
surveillance in such a was as to avoid detection. The purpose of the surveillance are:
(i) To be able to tail the suspect(s) in the hope that he (they) will lead the officers to the hideout.
(ii) To identify the kidnappers for the follow-up investigation.
The question of whether or not the suspect(s) should be arrested once the ransom money is
picked up would depend on the attendant circumstances and the wishes of the relatives of the
victim.
As much as possible , the person instructed to deliver the money should be provided with
appropriate equipment or facilities (like wireless transmitter or beeper) to be able to
communicate with law enforcement officers working on the case at any time while undertaking
his mission and thereafter.
c) The kidnappers’ mind demand and instructions as to time, place and manner should be strictly
followed.

6. If victims has been Returned.

 54

a) Conduct the necessary investigation for the identification for the identification and arrest of the
kidnappers.
b) At this stage, all investigative techniques likely to lead to the to the identification and arrest of the
kidnappers should be utilized.

7. The kidnap Victim’s Conduct.

There are no rules of conduct that a kidnap victim can follow which will assure his or her release or
humane treatment. However, there are some things that a kidnap victim may do which will help to protect
him or her.

a) It is generally best to do what your captor says.

b) Stay calm.
c) Try to establish a dialogue with the kidnappers.
d) Observe/feel all you can about your surroundings.
e) Leave your fingerprints around the room in which you are held.
f) Listen carefully to all conversation of the kidnappers among themselves.
g) If the police assault the building in which you are held, drop to the floor and use any cover you nay find.
h) Never tell the kidnappers that you can identify them later.
i) Try to delay matters as much as possible without making the kidnappers suspicious.

ESTAFA, BOUNCING CHECKS AND BANK FRAUD INVESTIGATION

A. Estafa and Bouncing Checks.

1. Elements of Estafa.

a) That the accused defrauded another by abuse of confidence,or by means of deceit.

This elements covers the three different ways of committing estafa under Article 315 of the Revised Penal
Code. Take note that Art 315 has three subdivisions, classifying the different forms of estafa according to
the means by which the fraud is committed, to wit:
(i) With unfaithfulness or abuse of confidence.
(ii) By means or false pretense or fraudulent acts.
(iii) Through fraudulence means.

These three may be reduced to two only. The first form under subdivision (I) is known as estafa with
abuse of confidence (the abuse of confidence takes the place of deceit), and the second and the third
forms under subdivision (ii) and (iii) cover estafa by means of deceit.

b) That damage or prejudice capable of pecuniary estimation is caused to the offended party or a third
person.

This elements is the basis of the penalty. It is necessary that the damage or prejudice be capable
of pecuniary estimation because the amount of the damage or prejudice is the basis of the penalty
for estafa.

c) Elements of estafa with abuse of confidence (Unfaithfulness):

 55

(i) That there be a false pretense, fraudulent act or fraudulent means.

(ii) That said false pretense, fraudulent act or fraudulent means be made or executed prior to or
simultaneously with the commission of the fraud.
(iii) That the offended party relied on the false pretense, fraudulent act or fraudulent means, that
is, he was induced to part with his money or property because of the false pretense,
fraudulent act or fraudulent means.
(iv) That as a result thereof, the offended party suffered damages.
 56

d) Estafa through falsification of public or commercial documents.

When the offender commits on a documents any of the act of falsification under Article 171 of the
Revised Penal Code, as necessary means to commit another crime, like estafa, theft or
malversation, the two crimes form a complex crime under Article 48. The document, however, must
be public, official or commercial. If the falsification committed to hide the crime of estafa, here are
two separate offenses and falsification.

e) payment made subsequent to the commission of the crime of estafa does not extinguish criminal
laibility or reduce the penalty, nor does it alter the nature of the crime.

2. Estafa Through Issuance or Postdating of Checks Without Funds.

a) Elements:
(i) That the offender has postdated or issued a check in payment of an obligation contracted at
the time of postdating or issuance of such check, not pre-existing at the time of payment.
(ii) That at the time of the postdating or issuance of said check, the offender had no funds or
the funds deposited were not sufficient to cover the amount of the check.
(iii) That the payee has been defrauded.

b) It is still essential that the check must be issued in payment of a simultaneous obligation, there is no
estafa since the accused obtained nothing for the said check.
c) If a check was issued as a mere guarantee, there is no estafa since it was not issued in payment of
an obligation. And when the postdated check were intended merely as promissory notes, there is
also no estafa.
d) Good faith is a defense regarding the issuance of such checks. The payee’s knowledge that the
drawer has no sufficient funds to cover the postdated checks at the time of their issuance negates
estafa.
e) Issuance of the check must be a MEANS to obtain a valuable consideration from the payee
(offended party).

3. The Bouncing Check Law (Batas Pambansa Blg. 22).

Acts penalized under BP 22 are:

a) The making, drawing or issuance of any check to apply on account or for value, the drawer knowing
at the time of issue that he does not have
 57

b) sufficient funds in or credit with the bank to pay the check in full when it is presented for payment.
The check is dishonored by the bank or would have been dishonored had not the drawer, without
any valid reason, ordered the bank to stop payment.
c) The failure of any person who, having sufficient funds in or credit with the bank when he makes or
draws a check, shall fail to keep sufficient funds or maintain a credit to cover the full amount of the
check if presented within 90 days from the date of the check. As a result, the check bounces.
d) The essential elements is the KNOWLEDGE on the part of the maker or drawer of the check OF
THE INSUFFICIENCY OF HIS FUNDS.
e) But where a person endorse a check issued by another to pay an obligation which did not exist
before, knowing that the drawer had no funds in the bank or that the funds are insufficient, the
endorser is liable for estafa only.
f) If the check that bounced was issued to pay a preexisting obligation, the drawer is liable only for
violation of BP 22.
g) If the payee is aware of the insufficiency or lack of funds in the bank to cover the amount of the
check at the time of issue, the drawer may be held liable under BP 22, not estafa, since there is no
deceit on the part of the drawer.
h) The same person can be punished under both BP 22 and Art 315 of the Revised Penal Code for
the same offense simultaneously.

B. Bank Fraud Investigation.

1. Preliminary Steps:

a) There must a complaint.

b) Ascertain the possible crime committed.
c) Determine the particular bank transaction(s) involved.

2. Investigative Steps.

a) Determine what document(s) is/are needed to prove the offense, if any.

b) Determine where and how to get them.
c) Get the document (physically) by electro-copying, photographing, etc., without delay.
d) Evaluate and analyze the documents’ probative value.
e) Determine the person(s) to be interrogated.
f) Study and formulate the mode and scope of the interrogation. This includes confrontation and
identification of documents by the person(s) under interrogation.
g) Verify and follow up leads furnished by the person(s) interrogated.
h) Apply standard investigative techniques.
i) Collate and evaluate evidence gathered.
j) Prepare the report.
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3. Documents Involved in Particular Bank Transactions.

a) Foreign Letter of Credit (L/C):

(i) Application and agreement for commercial L/C.

(ii) Firm offer or pro forma invoice or cable quotation.
(iii) The Letter of Credit itself.
(iv) Offering ticket.
(v) Oficial receipt (for marginal deposit).
(vi) Check (used in making merginal deposit).
(vii) Cable advise.
(viii) Credit/Debit advice.
(ix) Insurance policy.
(x) Bill oflanding.
(xi) Certification issued by the Bureau of Customs.
(xii) Certification issued by the Central Bank.

b) Telegraphic Transfer:

(i) Application for purchase of foreign exchange for miscellaneous purpose.

(ii) Evidence of indebtedness to support the application.
(iii) Certification issued by the agent’s bank.
(iv) Debit ticket.
(v) Cable advise.
(vi) Telegraphic transfer.
(vii) Credit ticket.
(viii) Official receipt.
(ix) Check used.
(x) Specimen signature.

c) Real Estate Mortgage Loan:

(i) Loan application.

(ii) Torrens Title and/or tax declaration.
(iii) Inspection and appraisal report.
(iv) Credit investigation report.
(v) Loan approval memorandum.
(vi) Promissory note.
(vii) Real Estate Mortgage contract.
(viii) Deed of Sale of the property used as collateral.
(ix) Board minutes relative thereto.
(x) Check used in the withdrawal of the loan.
 59

d) Encashment of Out-of-Town Check:

(i) Check.
(ii) Remittance slip.
(iii) Teller’s block sheet.
(iv) Clearing and distributing clerk block sheet.
(v) Accountant’s block sheet.
(vi) Monthly reconciliation statement.

e) Time Deposit:

(i) Deposit.
(ii) Certificate of time deposit.
(iii) Check used.
(iv) Teller’s proof sheet.
(v) Teller’s daily record of deposits.
(vi) Check register.
(vii) Posting tape.
(viii) Individual ledger card.
(ix) Withdrawal slip.
(x) Books of accounts.
(xi) Specimen signature card.

f) Demand Draft:

(i) Application.
(ii) Demand draft.
(iii) Cashier’s check.

g) Trust Receipt.

(i) All documents needed re foreign L/C.

(ii) Invoice (only in case of domestic L/C.)
(iii) Draft .
(iv) Trust Receipt.

h) Over Draft Line:

(i) Agreement for advances in current account.

(ii) Bank resolution.
(iii) Collateral used; that is either the Real Estate Mortgage or assignment of deposit.
(iv) Check used by the bank client.
 60

i) Domestic L/C:

(i) Invoice.
(ii) Draft or promissory note.
(iii) Trust receipt.

j) Cashier’s Check;

(i) Application.
(ii) Cashier’s check.
(iii) Check used, if any.

k) Money Market:

(i) Promissory note.

(ii) Call slip.
(iii) Repurchase agreement.
(iv) Check used.

l) Encashment of Fake and/or Forged Foreign Checks:

(i) Check involved.

(ii) Debit and credit ticket.
(iii) Withdrawal slip.
(iv) Passbook.
(v) Specimen.
(vi) Debit and credit.
(vii) Affidavit of the real payee.
(viii) Return slip.
(ix) Blue paper (the schedule of receipts of collection items).
(x) Deposit slip.
Notes:
[1] Money Market – This is one kind of bank transaction wherein a particular bank will issue a
promissory note in favor of another bank.
[2] Call Slip – Is a debit and credit ticket authorizing the Central Bank to pay a certain bank
changeable against the account of another bank.
[3] Demand Draft – is a bank transaction wherein a client of a bank will buy or purchase a
demand draft to presented to his branch.
[4] Draft – is a promissory signed by the client of the bank.
[5] Out-of-Town Check – is a check being presented to encashment before any bank located not
within the territory where the issuing bank is located.
 61

ARSON INVESTIGATION

A. Arson Investigation

1. Law and Jurisprudence:

The law on arson in the Philippines is covered by Article 320 to 326 of the Revised Penal Code, as
amended by PD No. 1613, PD No. 1744, and RA 6975, Sec 54 which provides that the fire Bureau shall
have the power to investigate all cases of fire and, if necessary, file the proper complaint with the
City/Provincial prosecutor who has jurisdiction over arson cases.

a) Elements of Arson:

(i) Actual burning took place.

(ii) Actual burning is done with malicious intent.
(iii) The actual burning is done by person(s) legally and criminal liable.

b) Article 326 B, RPC – Prima Facie Evidence of Arson – Any of the following circumstances shall
constitute prima facie evidence of arson:

1. If after fire, materials or substances soaked in gasoline, kerosene, petroleum, or other inflammable,
or electronic contrivance designed to start a fire or ashes or traces of any of the foregoing are
found;
2. That substantial amounts of inflammable substance or materials not necessary in the course of the
defendant’s business were stored within the building, and
3. That the fire started simultaneously in more than one part of the building or locale under
circumstances that cannot normally be due to accidental or unintentional cause: Provided,
however, that at least one of the following is present in any of the three above-mentioned
circumstances:

a) That the total insurance carried on the building and/or goods is more than 80% of the value of
such building and/or goods at the time of the fire.
b) That the defendant after the fire has presented a fraudulent claim for loss.

The penalty of prison correctional shall be imposed on one who plants the articles above-
mentioned, in order to secure a conviction, or as a means of extortion.

c) Sec 6, PD 16113 – Prima Facie Evidence of Arson -- Any of the following

d. circumstances shall constitute prima facie evidence of arson. These are in addition to those
enumerated under Art. 326-B of the Revised Penal Code:

1. If the fire started simultaneously in more than one part of the building or statement.
2. If substantial amounts of flammable substances or materials are stored within the building not
necessary in the business of the offender nor for household use.
3. If gasoline, kerosene, petroleum or other flammable or combustible substances or materials soaked
therewith, or containers thereof, or any mechanical, electrical, chemical, or electronic contrivance
designed to start a fire, or ashes or traces of any of the foregoing are found in the ruins or premises
of the burned building or property.
4. If the building or property is insured for substantially more than its actual value at the time
of the issuance of the policy.
5. If during the lifetime of the corresponding fire insurance policy, more than two fires have occurred in
the same or other premises owned or under the control of the offender and/or insured.
 62

6. If shortly before the fire a substantial portion of the effects insured and stored in the building or
property had been withdrawn from the premises except in the ordinary course of business.
7. If a demand for money or other valuable consideration was made before the fire in exchange for the
desistance of the offender or for the safety of the person or property of the victim.

d) Sec 4, PD 1613 – Special Aggravating Circumstances in Arson – The penalty in any case of arson shall
be imposed in its maximum period:
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 toward the owner or occupant of the property burned;
4. If committed by a syndicate.
The offense is committed by a syndicate if it is planed or carried out by a group of three (3) or more
persons.

e) It is a well-settled principle of criminal law that a conviction for a crime cannot be had unless the
corpus delicit is established. To established the corpus delicit in arson, the proof of two elements is
required: (1) the burning of the house or other thing, and (2) the criminal group that caused it.

2. Preliminary Investigation.

a. Examination of the fire scene.

(i) Examination should be thorough.

(ii) Establish the corpus delicit by eliminating all natural or accidental cause.

a) Take photographs of the following:

(i) Exterior elevations.

(ii) Identification of the property.
(iii) Out-building and grounds.
(iv) Interior of the building, room by room, in logical sequence.
(v) Evidence, prior to removal, in close-up and wide angle shots.
(vi) Travel of fire and char pattern.
Note: Photography may be taken with most any type of camera, provided the photos indicate the scene
as the investigator found it. It 8 x 10 glossy, black and white prints, colored slides, movies and video tapes
may be utilized.

b) Sketches:

(i) Before the fire – A sketch is made to assist firearm and investigators in presenting a clear
picture of the of the involved building to the court. The sketch may be approximately or
accurate, depending upon the ability of the investigator. It should show clearly the rooms, halls
, closets, doors, windows and stairs. It should show utility leads into the building. In commercial
or industrial building, the sketch should locate the standpipe, audible alarm bell, elevators or any
other pertinent factor involving the investigation of the fire.
(ii) After the Fire – The whole layout should be sketched indicating therein exact places where
articles, etc. were found and the position thereof.

c) Laboratory:

(i) Evidence must be collected, identified and preserved and then transport to the laboratory in the
best possible condition. Every efforts should be made to prevent contamination of materials
secured as evidence. Containers for evidence may consist of heavyweight plastic bags of
various sizes, clean glass mason jars with rubber washers and screw tops, metal cans with
 63

clean pressure or plastic lids, clean glass bottles with screw caps, and cardboard or plastic
boxes of assorted sizes.
(ii) Evidence containing latent prints should be protected so as not to smudge or destroy the prints.
(iii) 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.
 64

d) Preliminary interview with the owners/occupants.

This interview in conducted to ascertain the names of owners/occupants, insurance data, employment,
etc. Warning: Nothing should be said or implied during this interview to indicate any suspicion toward 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.

e) Insurance.

(i) The insurance agent or broker will provide the names of the company(ies), 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. 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.
(ii) The insurance adjusters can provide complete insurance information regarding the loss. He can
also supply any statement taken from the assured. He will be able to provide a sworn proof of
loss, which will include specific items claimed damaged or lost and which may provide the
investigator with information indicating an attempted fraud. Adjusters frequently have access to
the books (ledgers, journals, inventories, etc.) of the business establishment involved in the fire.
Should the investigation indicate a probable fraud, the adjuster can request the interested
insurance company(ies) to withhold payment during the course of the investigation.

f) Neighborhood inquiry.

When conducting a neighborhood inquiry, interview person in 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. Interview the person who turned in the alarm. Obtain
observation from neighbors concerning the fire, prior to during and after the fire. Ascertain the
relationship of the owner(s)/occupant(s) with the neighbors. Witnesses 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, changes of routes, etc. It is sometimes useful to take
statements from any witnesses who appear to be hostile or who may later change their testimonies.
Remember you are seeking information. Do not divulge information to witnesses.
 65

g) Public records.

(i) Legal Records – deed, mortgages of real estate and chattels; lens encumbrances, and his pen
dens; vital statistics; local and national taxes; hospital and mental records.
(ii) Financial and credit information; building and loan associations; credit bureaus; charge
accounts; public utilities, i.e, gas water, electricity, telephone; servicemen, i.e. newsboy,
milkman, etc.
(iii) Employment records, military records, school records, juvenile court records.

3. Questioning Principal Suspects.

a) 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 investigator prior to the interview. 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.

b) Statements.

(i) Tape-recorded statement should be made on a permanent recording, for their preservation, to
forestall any alterations, and to ensure their availability to the availability to the court if
necessary. Once started, a tape recorder should operate continuously. If for any reason the
record 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 noted and the subject should be asked
if he was promised any reward threatened, or forced to continue his statement.
(ii) When shorthand notes are being taken, the stenographer should be introduced to the subject.
Some investigators request the subject to initial all pages of the shorthand notes.
(iii) 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.
(iv) Statements should contain a complete personal history of the principal subject, associates,
complete and accurate account ,of the purchases, lease or rentals 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 times of fire., etc.
 66

4. Motives.

It is not essential to prove motive in obtaining a conviction for the crime of arson. Establishing a motive
does help on providing the reason why the suspect committed the crime. The following motives for setting
fires are well-known to investigators and are self-explanatory.

a) Fraud.
b) Spite – Revenge.
c) Cover up a crime.
d) Vandalism – Riots.
e) Pyromania.
f) Juvenile delinquency.

B. Reporting Arson Investigation.

1. Preliminary Report.

It is not necessary to go into details in preparing a preliminary report. This report should be submitted to
the supervisor as soon as possible after preliminary investigation. The report should list the following:

a) Owner – His/Her name and present address.

b) Occupants – Their names and present address.
c) Date and hour of fire.
d) Location of fire, street address, city or municipality, province.
e) Person requesting investigation and date of the request.
f) Brief description of the building as to construction and occupancy.
g) Available insurance date:
(i) Name and address of agent.
(ii) Name and address of adjuster.
h) Investigator’ s conclusion as to cause of the fire. Is it accidental? Suspicious? Incendiary?
i) Reason for closing the investigation. Accident report may be concluded with the preliminary report.
j) Reason for continuing the investigation. Note what action is expected to be taken by the investigator.
k) Date of preliminary investigation.
l) Date of report.
m) This report should contain a resume of the facts and information obtained during the course of the
preliminary investigation. It should cite the reasons for the investigator’s conclusions.

2. Final Report.

The report contains a word picture of all information developed during the investigation. All materials
included should be concise, accurate and complete as it becomes a permanent record and may be used by
prosecutors and attorneys in the preparation of cases for trial.

a) Case number.
b) Date of report.
c) Name, title, address of person requesting investigation and date of request.
d) Subject: Owner or occupant, and present address.
e) Date and hour of fire alarm.
f) Weather condition, wind direction, speed etc.
g) Complete and detailed descriptions of building: height, construction, type of roof, wiring, plumbing,
heating device, air-condition, fuel, etc. (Attach Sketch). If automobile or non-structure fire, describe and
give the serial number, license number, make, model, etc.
h) Location of loss. If in the city, give the street name and number and city name. If rural, give mailing
address, distance and direction from the nearest road intersection, plot or lot number, etc.
i) Occupants.
 67

(i) Dwelling: List names, ages, race, relationship, present address, telephone numbers, place of
employment. If multiple dwelling, contact all occupants and obtain the above information.
(ii) Commercial/Institutions. List names, titles and addresses of all officers and supervisory
personnel.

j) Fire history.
(i) Name address of person(s) who discovered or reported the fire.
(ii) Fire departments and companies responding and officers in charge.
(iii) Detailed history of the fire as learned from the fire officials and firemen. In this paragraph, list
any unusual circumstances observed by firemen in extinguishing the fire.

k) Insurance:
(i) List name, address, telephone number of company, amount of insurance, date and number of
policy and to whom it was issued.
(ii) Agent’s name, address, telephone number and name of company.
(iii) Adjuster’s name, address, telephone number and name of company.

l) Evidence:
What was found, the date, time, location and who now has custody; names titles and addresses of
persons securing evidence was taken to the laboratory, receipt to be made a part of the report.
Report from laboratory should also be made a part of the report. Evidence should be secured until the
case is disposed of.

m) Photographs:
Note the type of camera used to take the photos; the name, title and address of the person taking the
photos; the name and address of the person of firm developing the prints; type of film used. List the order
in which the photographs were taken, and what each depicts. Note who has custody of the negatives.

n) Fingerprints:
It is desirable to include three copies of fingerprints and photos of suspect(s) if available.

o) Suspects:
(i) In case no charge is filed or will be filed until more information is obtained, but the reporting
officer has the name(s) of strong suspect(s) such as name(s) should be included here.
(ii) State the names, aliases and nick names of the suspect(s), the present address, occupation,
places of enjoyment, habits, associates, family history, any past criminal record and physical
descriptions.

p) Motive.
The investigator should describe in his own words the reason or reason why the suspect committed the
crime. The suspect might have related his motives for the commission of the crime, or they may be
deducted from the statements of witnesses.

q) Modus Operandi:
Describe or narrate in investigator’s own words the method, system or manner by which the suspect
entered the building, such as by using a key, forcing a window or door open. Also outline suspect’s
actions before, during and after the crime. Set forth all other relevant information that may be obtained.
Outline from what sources these conclusions were drawn.

r) Property:
List and describe the articles that were removed from the premises before the fire, and if recovered, give
the name and address of the holder. Also list and describe any articles that the owner said were in the fire
and which and which you were not able to identify as being there. If the articles were recovered, note the
time and date of recovery, and where they were recovered. Secure a copy of the proof of loss.
 68

s) Witnesses.
Give the names, ages and addresses of witnesses, their occupation, reliability and availability. State what
each can testify to and, if possible. State whether a witness is prejudiced for or against the subject. Include
a written report of all statements obtained from witnesses. Lengthy statement may be separated and
attached to the report. Summarize the statement in the report and refer to the complete statement
attached.

t) Financial report:
Obtain reports of the financial status of owners, suspects or the accused, i.e., bank statements,
mortgages, debts, bankruptcy, etc:, credit reports; information or sale of property. Information pertaining
to deed, titles, taxes etc., should be included in this paragraph.

u) Court action.
State the defendants’ names, ages and address. Give the names and address of the court’s presiding
judge, the prosecutor and defense counsel.

v) Assisting officers.
Police, firemen from fire service, NBI agents, etc.

w) Subsequent reporting.
In submitting additional information, follow the outline, as set forth, listing the information to be reported
under the proper headings and in the same sequence, using only the captions applicable.
 69

INVESTIGATION OF BOMBING

A. Explosives Investigation

1. Preliminary Remarks.

Investigation of this nature calls for the full use of ingenuity investigative resourcefulness and scientific
crime detection methods.

2. Interview and Interrogation.

a) All persons identified to be at the scene upon arrival of the police and who might have witnessed the
explosion should be interviewed.

b) Interviews must cover indications of suspicious activity as well as facts on the explosion itself, namely:
(i) Sound of the explosion;
(ii) Force of the explosion and its directions;
(iii) Color of the smoke;
(iv) Color of the flame; and
(v) Odor of the gases produced.

c) Determine the avenues of approach to and retreat from the area where the bomb exploded. Explore
these avenues for evidence.
d) Mount a saturation interview of all persons who might have noticed something bearing on the bomb
explosion.
e) Photographs of potential bombers should be shown to person who had the opportunity to see activities
in the bomb area before and immediate after the explosion.

3. Follow-up Police Activity:

a) Account for the whereabouts of suspects at the time of the bombing and immediately prior and
subsequent thereto. Information are useful in this.
b) Start tracing any physical evidence found a the crime scene – for example, dynamite wrappings, pieces
of pipe, electrical devices, pieces of fuse and similar materials. Use of experts (whenever available) in
searching the crime scene is best since they can recognize potential evidence more quickly and may
be able to make investigative suggestions from what they see at the scene.
c) After experts have determined the type of explosive use, contact users and suppliers of this particular
type for aid in determining the source of the explosive used. Consider also the possibility that the
explosive were stolen.
 70

4. Motive:

This is very important in selecting suspects. Consider such traditional circumstances as:

a) Evidence of motive.
b) Evidence of plan, design or scheme.
c) Evidence of ability and opportunity to commit crime.
d) Evidence of possession of the means for a bombing.
e) Evidence of flight after the explosion.
f) Evidence of flying, attempts to influence potential witness, faking an alibi, destruction of potential
evidence, and other indications of a consciousness of guilt.
g) Consider the possibility that the victim had the bombing done for his own benefit –publicity, sympathy,
insurance, material problem, etc.
h) Consider the possibility that a “hate” organization is involved regardless of whether the group is large
or small, adult or juvenile.
i) Do not concentrate all of your time on one suspect.

5. Explosive Investigation Guide:

Team composition of Explosive investigation.

a) Team Leader:
(i) Select and assemble personnel and equipment and coordinate with other offices.
(ii) Conduct scene overview.
(iii) Determine and establish scene integrity, security and safety.
(iv) Establish command post and media control.
(v) Conduct scene walk – through with Explosive Technician and forensic Chemist.
(vi) Coordinate all personnel and search patterns.
(vii) Assign Immediate Area Search and Investigative Unit.
(viii) Assign General Area Search and Investigative Units.
(ix) Manage, evaluate and finalize search and investigative actions.
(x) Conduct final scene evaluation conferences.

b) Photographer:
(i) Select and assemble equipment.
(ii) Photograph immediate and general area including victims, crowd and vehicles.
(iii) Photographs team operations.
(iv) Photograph blast seat and damage showing measurement.
(v) Photograph evidence as found.
(vi) Photograph immediate and general area from aerial perspective.
(vii) Take scene reconstruction photographic series.
(viii) Photograph blueprints, maps and previous photos of the scene, if necessary.
(ix) Photograph known or potential suspect.
(x) Identify additional photographic needs with all scene investigators.

c) Evidence Technician:
(i) Select, assemble and distribute collection equipment to search team members.
(ii) Prepare evidence control log and set up evidence collection point.
(iii) Coordinate and control evidence collection techniques and procedures.
(iv) Record the receipt of all properly marked and packaged evidence from search teams on the
evidence control log.
(v) Categorize collected evidence.
(vi) Maintain custody and control of collected evidence at the scene.
(vii) Coordinate with the team leader and other investigators.
(viii) Verify collected evidence with evidence control log before departing the scene.
 71

(ix) Document the chain of custody and provide temporary storage.

(x) Prepare laboratory analysis request and transmit evidence to the laboratory.

d) Schematic Artist:
(i) Select and assemble equipment.
(ii) Diagram immediate blast area.
(iii) Diagram general. Area.
(iv) Identify evidence found by indicating the assigned evidence numbers on the evidence control
sketch showing the location where found.
(v) Show necessary measurements of heights, lengths and widths.
(vi) Make artist’s conception of the scene prior to the blast with the help of witnesses, showing how
furniture was arranged or how the structure was before the explosion.
(vii) Prepare a legend on the diagrams.
(viii) Inventory collected evidence with the evidence technician and ensure that all evidence is noted
on the control sketch.
(ix) Coordinate with the team leader and other investigators.

e) Immediate area investigative Unit:

(i) Select and assemble investigative equipment.
(ii) Interview local officers, firemen and all possible witnesses at the scene.
(iii) Determine the owner of the property, the victim of the explosion, and if any person were injured
in the blast.
(iv) Obtain names of any persons who are employee, watchmen or janitors.
(v) Provide the names and locations of all persons or groups who should be interviewed to the
General Area Investigative unit. This list will include the injured persons who were taken to
hospital to rescue workers who have departed from the scene.
(vi) Identify all persons at the explosion scene and coordinate with the photographer to film the
crowd and vehicles in immediate and general areas.
(vii) Record description and time of sounds, color of smoke and any odors noticed by witnesses.
(viii) Question the witnesses and record facts pertaining to the general activity at the scene to the
explosion.
(ix) Question the witnesses and record facts pertaining to anything unusual about the activity or any
facts concerning unidentified packages, items, persons, or vehicles.
(x) Reconstruct the immediate area activity and coordinate with the team leader and other
investigators.

f) Immediate Area Search Unit:

(i) Select and assemble equipment.
(ii) Stay alert for structural hazards, secondary devices and entrapment devices, before and after
entering blast area.
(iii) Locate seat of explosion or point of fire origin.
(iv) Coordinate the schematic artist and photographer before disturbing the crater or immediate
blast area.
(v) Measure and record the size, depth and shape of the crater or damage.
(vi) Collect samples from the blast seat and retain necessary control samples.
(vii) Search and sift the seat of the explosion for device components.
(viii) Divide the immediate area into a search pattern and make a methodical search. Search from
the seat of the explosion to an expanded area that overlaps with the generals area search unit.
(ix) Individually record and package evidence found and follow routine procedure with the
photographer, schematic, and the evidence technician.
(x) Reconstruct the immediate area scene and coordinate with the team leader and other
investigators.

g) General Area Search Unit.

(i) Select and assemble equipment and coordinate search pattern.
 72

(ii) Stay alert for structural hazards, secondary and entrapment devices.
(iii) Check all surroundings buildings, vehicles and object for damages by missile from the explosion
and mark these locations for the photographer and the schematic artist.
(iv) Search the area of ingress and egress for associative evidence, such as footprints, tire tracks,
torn clothing, blood, hair, fingerprints or other evidence that may relate to suspect(s).
(v) Search the area for evidence from the explosion.
(vi) Search rooftops and trees or other high places that may have caught debris from the explosion.
Document blast effect and glass breakage in surrounding area.
(vii) Determine the extent of the outer perimeter of thrown missiles and evidence. Indicate this
finding to the schematic artist, photographer and the explosive technician.
(viii) Adjust the outer perimeter of the search pattern as necessary.
(ix) Individually record and package the evidence found. Coordinate this with the evidence
technician, schematic artist and photographer.
(x) Reconstruction the general area scene and coordinate with the team leader and other
investigators.

h) General Area Investigative Unit.

(i) Select and assemble investigative equipment.
(ii) Review maps and evaluate ingress and egress and select a methodical pattern for any
canvassing the area.
(iii) Determine the possibility of deliverymen being in the area and make a list of their names and
address for follow-up interview.
(iv) Canvass the neighborhood for witnesses.
(v) Canvass business premises that may be related premises to ingress and egress, such as all-
night service stations, cafes, fast-food restaurant, etc.
(vi) Prepare a suspect list with necessary facts relating to the investigation.
(vii) Record description of the suspect premises for future use.
(viii) Check sources of device components/materials recovered at the crime scene.
(ix) Follow team leader assignments as developed from the scene and make overall evaluation from
conferences.
(x) Maintain communication with the team leader and coordination with other investigators.

i) Forensic Chemist:
(i) Select and assemble equipment.
(ii) Conduct preliminary walk-through of the scene with explosive technician and team leader.
(iii) Assist team leader in evaluating the situation and discuss the method of approach.
(iv) Assist General Area Search Unit where appropriate.
(v) Assist Immediate Area Search Unit.
(vi) Coordinate with national and local laboratory personnel as appropriate.
(vii) Act as technical adviser for all laboratory-oriented questions arising at the scene.
(viii) Conduct field test where appropriate.
(ix) Assist the evidence technician and team leader in the evaluation of collected evidence.
(x) Assist the evidence technician with proper packaging for submission to the laboratory.

j) Explosive Technician

i) Select and assemble equipment.

ii) Accompany team leader on walk-through to provide a technician evaluation and assessment of
the fire/explosion scene.
iii) Establish scene parameters.
iv) Identify seat of explosion of point of fire origin.
v) Assist the General and Immediate Area Search Units.
vi) Technically evaluate investigative information and recovered materials.
vii) Determine whether the incident was criminal or accidental.
viii) Reconstruct the sequence of occurrences and physical evidence.
 73

ix) Prepare statement regarding technical determination.

x) Prepare statement regarding technical determination.

B. Safety Precaution for the Handling of Home-Made Bombs.

1. Preliminary Statement.

Upon the discovery of a bomb or suspected bomb, the function of the private citizen should ordinarily
be limited to warning all persons in the bomb area and notifying the proper authorities.

The problem presented to the law enforcement officer is much more difficult. He is concerned both with
the protection of human life and property, and with the removal of the bomb menace and subsequent
investigation to establish the identity of the perpetrator. However, the primary importance of human life,
including his own, should be the controlling factor in his efforts to dispose of the bomb.

No person other than a trained explosive expert should attempt to dismantle a suspected bomb.

2. Initial Steps.

a) Clear the danger area of all occupants.

b) Get the service of an explosive expert.
c) Avoid moving any article or object which may be connected with the bomb or act as trigger mechanism.
d) Establish an organized guard outside the danger area.
e) Shut off power, gas and fuel from leading to the danger area.
f) Remove flammable materials from the surrounding area.
g) Notify the local fire department and rescue squads.
h) Arrange for stand-by medical aid.
i) Obtain mattresses, sandbags, other similar baffle devices for protection against flying fragments.
j) Check and have available fire-extinguishing equipment.
k) Arrange for use of portable X-ray equipment, if the use of such is deemed advisable by the explosive
expert.

3. Control Action.

a) A suspected bomb should be dealt with the fullest possible measure of control before attempts to
disable it are made.
b) If the bomb explodes, reduce the effects of the explosion by practicable ways such as the use of
sandbags and mattresses.
c) Sandbags should be used to surround but not to cover the bomb to direct the force upward and
downward rather than laterally over adjacent areas. IF piled between the bomb valuable items or
critical points, it would afford some protection and should receive some consideration.
d) Place barricades and should receive some consideration.

4. Disposal.

a) Disposal may be considered after appropriate control action has been taken.
b) Destroy the bomb where it is found rather than risk the danger of moving it. This course of action is
especially recommended if relatively little property damage would result.
c) Explode or break apart, by rifle fire from behind a barricade at safe distances, the package containing
the bomb or suspected bomb.
d) Burn or explode the package, where rifle fire is not advisable, by placing kerosene-soaked rags or
paper around it and igniting the rags or paper.
e) Withdraw at safe distance from the bomb after the rags or papers have been ignited.

5. Moving the Bomb.

 74

When it is deemed advisable to remove the bomb rather than explode or burn it where it is, a number of
factors should be considered. It must first be determined , as much as possible, whether the bomb is a
TIME or TRIGGER bomb.

a) Time Bomb explodes automatically at a present time.

i) It is activated by a clock mechanism though it may be set off by some chemical delay device.
ii) It is seldom sent through the mails, though this possibility does exist.
iii) It may be directed against either persons or property.
iv) Not all times bomb contains clock mechanism.
v) If a mechanism is used, it may be detected by placing a microphone, the package and listening
with the aid of an amplifier placed some distance from the bomb.

b) Trigger Bomb may be set off by.

h) Picking it up;
ii) Inverting it;
iii) Stepping on it;
iv) Opening the lid; or
v) Some other similar natural acts involving movement of the bomb or part of it.

c) Open-type bomb.

i) Makes no effects to conceal its nature, such as sticks of dynamite tied or taped together, fitted
with a safety fuse and blasting cap; a short piece of pipe loaded with an explosive substances
capped at both ends with a piece of safety fuse portuding from a hole through one of the capped
ends.

ii) Can be activated by attaching the electric blasting cap leg wires to an electric current, if the
safety fuse and blasting caps in either or both are replaced with an electric detonator.
iii) Sources of current for testing off an electric blasting cap include ordinary house current, a
telephone, buzzer, bell or flashlight batteries.
iv) Usually placed or thrown.
v) Cannot be sent by mail or express.
vi) Directed against property rather than persons.
vii) To deal with an open-type bomb, most safety fuse cannot e extinguished by water of by
stamping but must be several ahead of the progress of burning. Is detected by a
discoloration of the fuse.
viii) U.S.-Manufactured safety fuses normally burn at the rate of 90 to 120 seconds per yard.
ix) Sever the safety fuse well ahead of the progress of burning to render the bomb inactive.
x) Though successful in cutting or removing the safety fuse ( the bomb itself should be treated
as an active one), explosive experts should be called to dismantle the bomb and render it
safe to handle.

d) Concealed or disguised bombs.

I) Generally activated by time delay devices or trigger mechanisms.

ii) Any conceivable object of practicable size can be used to disguise a bomb , e.g. gift
packages, cigar boxes, food containers - - an infinite number of items.
iii) Directed principally against persons.
iv) Should be handled by explosives experts.

6. Types of Explosive Used in the Construction of Home-Made Bombs.

 75

a) Low-order explosives.

j) Black powder.
ii) Smokeless powder.
iii) Volatile vapors.

b) High order explosive.

i) Various grades of dynamite.

ii) Blasting gelatin.

REMINDER: Only technical personnel fully acquainted with explosive devices should be allowed to
Handle, Dismantle and Destroy.
 76

ROBBERY AND THEFT OF MOTOR VEHICLES

1. Robbery (Hold-up).

a) Place of occurrence.
b) Time of occurrence - - how was the hold-up committed? (Report might be fake or simulated ).
c) Number of participants in the holdup.
• Number of Suspects.
• Number of victims.
d) Physical descriptions of suspects. (Identify by number , e.g., Suspect No. 1 No. 2, etc)
e) Injuries sustained by victim(s), if any.
f) Common expressions uttered by suspects(s) diction, intonation manner of speech-lisping, talking
though the nose.
g) Number and description of weapons used firearms, bladed or blunt instruments.
h) If victims was taken with the motor vehicle, what was the route taken in the getaway and where was the
victim subsequently released?
i) Description of suspect’s motor vehicle, if any.
j) Complete description (secure copy of registration papers) of victim’s motor vehicle.
k) Other personal effects or articles taken by suspects aside from the motor vehicle.
l) Witnesses to the robbery (holdup).
m) “Carnappers” who take the victim with the motor vehicle sometimes carry on a conversation with the
victim before dumping him in an isolated place. In this conversation, they sometimes give hints could
be pursued should be later decide to pay ransom for the car.
n) Some gangs of “carnappers” have their own modus operandi in committing a holdup. Some have a
favorite dumping place for their victims, e.g. Sucat Road, the Alabang Zapote Rod for carnappersbased
in Cavite; isolated places in San Juan and Mandaluyong for carnappers based in pampanga (San
Fernando Macabebe, Angeles, Guagua, Mabalacat) and Bulacan ( San Miguel, Plaridel, Baliwag
Obando) and Nueva Ecija (Sta Rosa , Gapan, Cabanatuan) the dark service road of the South Super
Hiway (for carnappers based in Cavite and Rizal, Laguna and Batangas); etc.

2. Theft and Robbery With Force Upon Things.

a) Purpose: Identify and apprehend the offenders and recover as much stolen property as possible.
b) Consideration:
 77

i) Determine the method of approach and the entry.

ii) Reconstruct the offender’s activities at the scene.
iii) Find out if there were attempts to destroy evidence or conceal the offense.
iv) Gather evidence on the type of transportation used.
v) Gather evidence to determine the method and route of exit and flight. This may provide leads to
the offender.

3. Carnapping.

a) What is meant by the term “carnapping”? How is it committed?

“Carnapping” is the taking, with intent to gain, of motor vehicle belonging to another without the latter’s
consent, or by means of violence against or intimidation of persons, or by using force upon things (Sec 2,
RA 6538).

b) What are the elements of carnapping?

i) Unlawful taking.
ii) Intent to gain.
iii) Motor vehicle belonging to another.
iv) Lack of owner’s consent.
v) Use of violence against or intimidation of persons, or force upon things.

c) What is a motor vehicle?

“Motor vehicle” is any vehicle propelled by means other than muscular power using the public highways,
but excepting rollers, trolley cars, street sweepers, sprinkles, lawnmowers, bulldozers, graders, forklifts,
amphibian trucks and cranes if not used on public highways; also, vehicles which run only on rails or
tracks, and tractors, trailers and traction engines of all kinds used exclusively for agricultural purpose.
Trailers having any number of wheels, when propelled or intended to be propelled by attachments to any
motor vehicle, shall be classified as separate motor vehicles with no power rating. (Sec 2, RA 6538)

d) How can one detect a stolen motor vehicle?

i) Lack of license plate number.
ii) Sporting improvised plate.
iii) If the vehicle appears to be abandoned.
iv) Sporting a fake license plate or stickers.
v) Having no stickers for the currently year.
vi) If the vehicle appears to be haphazardly painted.
vii) If the plate number does not correspond with the year/model of the vehicle.
 78

e) What are the possible signs of such fraud in transactions relating the transfer of motor vehicle.
The following are the possible signs of such fraud:
j) When the seller cannot present offers to register the motor vehicle in behalf of the
buyer.
ii) When the price is conceivably below the prevailing market price.
iii) If the seller cannot present original copies of supporting documents, i.e., CR, OR, Deed of Sale,
regarding his ownership of the motor vehicle.
iv) Obviously falsified supporting documents.
v) If the sale is through a third party rather than the actual owner appearing in the CR.

f) How does one obtain a motor vehicle clearance?

Applicants for clearance are required to bring the vehicle desired to be cleared to HPG Headquarters in
the regions/ province for stenciling/macro-etching of its motor/chassis numbers. At the same time, the
applicant must present the following:

A. Clearance for transfer of Ownership:

i) Xerox copies of the vehicle’s Certificate of Registration.
ii) Deed of Sale.
iii) If the vehicle is covered by an existing mortgage, a xerox copy of the Chattel Mortgage release
or, in the proper case, the deed of sale with assumption of the mortgage obligation which
must bear the conformity of the mortgage.

B. Clearance for original registration:

i) Xerox copy of the Dealer’s receipt.

ii) Xerox copy of the LTO Certificate of Dealer’s Report.

C. Clearance for change of motor/chassis/color:

i) Xerox copy of the vehicle’s CR and latest OR of Payment of LTO fees.

ii) Affidavit of stating the change of motor/chassis color and the circumstances thereof.

D. Clearance to rebuild/assemble:

I) Affidavit stating the circumstances of rebuilding /assembling of a unit from down parts.
 79

ii) Dealer’s receipt of all the parts involved.

iii) The LTO’s Certificate of Dealer’s Report to LTO covering the chassis/engine.

4. (Qualified) Theft of Motor Vehicles. Consider the following:

a) Where the motor vehicle was stolen.

b) Time when it was parked.
c) Time the car theft was discovered.
d) How was the car possibly taken?
e) Complete description of car. (Get the registration papers, if possible.)
f) If car was stolen from residence, look for footprints, tire marks of vehicle used by suspects, tools or
implements left behind.

5. Follow-up Investigation.

a) Surveillance of known fences and car repair shops, and exchanges known to be storage places for
stolen (carnapped) vehicles.
b) Identification of the suspect(s) by victim from mug shot in your rogues gallery or those being kept by
other agencies.
c) Gathering of information from informers and informants about past, present and future activities and
plans of known carnappers belonging to the gang and their names, aliases, physical descriptions,
weaknesses (drug-addicts, fondness for a certain type of gun, fondness for alcoholic drinks and
beverages, etc.) their hang-outs (clubs, barbecue plazas, cafeteria, etc.
d) Gathering of information of favorite storage places and garage of carnappers and carnapping gangs.
e) Follow-up investigation of recovered cars and other motor vehicles:
i) Check registration papers, deeds of sale and other papers (Custom records of car is imported)
concerning the recovered car presented by the possessor of the car with the LTO etc.
ii) Request Forensic Chemistry Division to have the motor and chassis numbers and paints
examined (to find out whether motor and chassis numbers have been tempered with and
whether it was repainted, and if so, for their restoration and determination of the original color).
iii) If engine and chassis numbers have not been tampered with, trace the owner from whom the
said car was carnapped or stolen.
iv) Request the owner to present his papers of ownership and conduct an interview as to the
circumstances of the loss; take sworn statement, show mugs shots of the suspect or present the
suspects themselves if they have been arrested ; include, in the interview questions as to
whether the victim has means of identifying the motor vehicle other than through the monitor
and chassis numbers.
 80

v) If motor and chassis numbers have been tampered with, bring the motor vehicle to the plant of
the company which assembled the vehicle to identify the owner by secret numbers the plant has
placed in the car.
vi) If the owner has been identified by this method and by going through the records in the office of
the company, contact the owner, bring him to the office and follow the procedure above.
vii) Interview the possessor as to the person(s) from whom he acquired the motor vehicle recovered
from him.
viii) Trace this person(s) for questioning and investigation.
ix) If suspect(s) have been arrested, question them regarding the five “W’s” and one “H” not only
regarding the recovered car but also past robberies or thefts committed by them; question them
also on their knowledge of other carnappers and gangs of carnappers their areas of operation,
physical description, names, aliases, hangouts, residence, etc.
x) Check the records of arrested suspects.
 81

MOTOR VEHICLE ACCIDENT INVESTIGATION (Major Accidents)

A. Traffic Accident Investigation

1. Traffic Accident Investigation. Determine WHAT happened, WHO was involved, HOW and WHY the
accident occurred, and WHERE it happened.
2. What is Traffic Accident? It is an occurrence in a sequence of events which usually produces
unintended injury, death, or property damage.
3. Motor Vehicle Traffic Accident. Any motor vehicle accident occurring on a traffic-way – the ordinary
collision between automobiles on a street, road or highway.
4. Motor VehicleNonTraffic Accident. Any motor vehicle accident which occurs entirely at any place other
than a traffic-way - an automobile accident on a farm or along a private driveway or thoroughfare.
5. Non-Motor Vehicle Traffic Accident. Traffic accident occurring on a traffic-way, involving a person using
the traffic-way for travel or transportation, but not involving a motor vehicle in motion collision between a
pedestrian and bicyclist on a sidewalk, for example.
6. Motor Vehicle Accident. Any event that results in unintended injury or property damage attributable
directly or indirectly to the motion of motor vehicle or its load. Include are accidental injury from inhalation
of exhaust gas-fire explosion, discharge of firearm within the motor vehicle when due to motion of the
vehicle, any collision between a motor vehicle and a railroad train. Excluded are collision of motor vehicle
with an aircraft or watercraft in motion, injury or damage due to cataclysm, and injury or damage due to
cataclysm.
7. Direct Causes of Vehicular Traffic Accident.

a) Speed.
b) Driver (attitude or behavior)
c) Vehicular malfunctions.
d) Road conditions.
e) Road hazards.
f) Perception factors.

8. Preliminary Actions.
a) When the officer receive the call:
(i) When and where the accident occurred.
(ii) How serious were the injuries.
(iii) Need for ambulance and other equipment.
(iv) Name and address of the person reporting. He may be an important witness.
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(v) Who witnessed the accident?

(vi) Is there a traffic block?
(vii) Arrange for help, if need- e.g., firetrucks, etc.

b) Drive safely in going to the accident scene. Be alert for cars leaving the scene. It might turn out to be a
hit-and-run case.

9. Duty of a Police Officer in Time of the Traffic Accident.

a) Protect life and property.

(i) Render whatever aid is necessary to the injured persons.
(ii) Take steps to prevent further destruction (like fire and other hazards).
(iii) Place warning devices in both directions.
(iv) Park the police car safely.
(v) Get all the names of persons present. In case of loss of property belonging to the injured or
dead, you may need these persons to protect the good name of the PNP.

b) Protect the accident scene.

(i) Prevent physical evidence from being lost or destroyed.
(ii) Photographs should be taken before the physical evidence s removed.
(iii) First things first. Location and position can be marked off first and measurements taken later.

c) Protect other properties.

d) Determine the cause of the accident.
(i) Determine why it had occurred.
(ii) Determine the time and date of the accident.
(iii) Examine the physical evidence.
(iv) Reconcile conflicting situations.
(v) Determine the conclusions derived from physical evidence.
(vi) Identify evidence regarding the behavior –of individual drivers.
(vii) Determine the responsibility of BOTH drivers.

e) Locate drivers and witnesses.

(i) Get driver’s license.
(ii) Get the names and other details concerning persons who might have witnessed the accident.
Start with the ones who appear to know something of the accident.
(iii) If the drivers are at the scene of the accident, make it a point to separate them
 83

f) Interview drivers and witnesses.

(i) Conduct each interview separately.
(ii) Do not make conclusions as to responsibility in the presence of drivers and witnesses.
(iii) Be alert for switches between driver and passenger.

g) Take measurements, and make diagrams and sketches.

h) Identify the precise location where the accident occurred.
i) Obtain equipment to remove damaged vehicle.
j) Evaluate physical evidence.
k) Check the road and vehicle conditions.
(i) Carefully examine road signs, signals, marking and other traffic control devices.
(ii) Examine all moving parts of the vehicle.

l) Make conclusions on the validity of statements.

m) After leaving the accident scene.
(i) Interview the injured at the hospital.
(ii) Get the medical report of the injured persons.
(iii) Steps should be started to notify the relatives of all injured persons.

n) Action against violators.

(i) Re-examine and asses the evidence.
(ii) Is your course of action supported by evidence?
(iii) Consider the advisability of consulting your superior officers in assessing evidence and deciding
on the most appropriate course of action.

o) Initiate action on the evidence and file the charge.

p) Prepare the report.

B. Calculating Speeds From Skid marks

1. Skid marks as Evidence in Accident Cases.

This is useful several ways other than as identification of the vehicle’s speed.
a) It will show if the vehicle was traveling in the wrong direction of on the wrong side of the road.
b) It will indicate if the driver failed to observe the right of way.
c) It will also show if the driver did not obey a traffic signal.

2. Procedure Followed by the PNP.

a) The officer submits as evidence in a case the measurements of the skid-marks and the Court interprets
the facts in the light of other evidence.
(i) Some courts require the assistance of an experts.
 84

(ii) Measurement should be accomplished by two men.

(iii) Sketches and photographs with measurement indicated should be made soon after the
accident.

b) Some Police Departments have their officers skid a vehicle to a stop from the legal speed limit, if this
can be done safely, and compare the skid-marks with those in the accident.
c) Some would draw conclusions from tests based on physical calculation.

3. Measurement of Skid marks.

a) Should meet legal standards. Officers measuring the skid marks and the distances to embankment or
other fixed construction should verify each others measurements so that they can corroborate each
others testimony in court.
b) Evidence should be presented to show that the skid marks were made by the suspect car.
c) Witnesses should testify in court.

4. Basic Principle in Calculating Speeds from skid marks.

Energy and vehicle speeds. As automobile moving any speed possesses energy . As the speed of
the vehicle increase, the resulting energy ratio of the increase as the square of the ratio of the increase in
speed.
Examples:
20 kph = 40
30 kph = 90
40 kph = 160

5. Stopping a Motor Vehicles.

Whenever a moving vehicle is stopped, the energy which it possesses at that time must be expended
or spent. It is only when most or all of the vehicle’s energy is expended through skidding of tire that a
vehicle’s accurate calculation may be made of the vehicle’s speed before the accident.

6. Skid marks.
The sudden application of brakes which results in the locked wheel condition places such a great
pressure between the brake shoe and the brake drum that frictional force at this point becomes greater
than the frictional force between the tire and the road surface. When this condition exist, the wheels skids.

7. Coefficient of Friction – Drag Factor.

It is the measurement of the maximum frictional resistance of pavements. It is equal to the force
exerted when the wheels are skidding divided by the weight of the car.
PS = Test speed squared
30 x braking distance
 85

Where “30” is the gravitational constant in miles per hour. (Transformation of feet per second to miles
per hour.)

8. Reaction Time.

This is the distance traveled before applying the brakes.

a) Divide seconds in an hour (3,600) into feet in a mile (5,280) = 1.467.
b) To determine distance you will travel in one second, 1.467 (1.467 or 1.5) times the speed at which
you are traveling.
c) Time to get foot off the accelerator and slam it on the brakes is ¾ of a second on the average. The
age of the driver should be considered.
d) 1.5 x speed = length in feet covered before brake works for you.

9. Test Runs.

In making calculations for speed s from skid marks, it is often necessary to conduct one or more test runs,
using the vehicle involved in the accident or, if it cannot be driven, another vehicle of similar characteristics
may be used.
a) Conditions should be the same as those existing when the accident occurred. The character of the
road, whether wet or dry, should be the same,
b) Conduct tests on the same road surface and in the same direction.
c) The vehicles speedometer should be checked, and any difference from accurate calibrations should be
noted.
d) A speed consistent with safety, such as 20 or 30 miles per hour, should be selected for the test run.
e) Brakes should be applied suddenly and as hard as possible when the car is moving at the selected test
speed.
f) The length of each skidmark should be measured.
g) If a brake detonator is available, the total braking distance should be accurately determined using such
equipment, either mechanically or electrically operated.
h) Generally, it is advisable to conduct two or three test at the selected speed. The test producing the
longest braking distance, that which favors the defendant most, is generally used in the calculation.
i) To avoid possible differences in the application of brakes by the driver, it may be advisable to have the
driver of the accident vehicle drive the car in the test run.

10. Speed Calculations.

a) When a vehicle is stopped solely by skidding, it is possible to calculate the speed of the vehicle at the
beginning of the skid by using the formula based on the principle that the skidding or braking distances
vary as the square of the speed:
 86

S2 m (Unknown speed) = D (Average of accident speed)

S2 d (Test braking distance)

Illustration:

S2 = 82.5
302 32

S2 = 900 x 82.5
32

S =  900 x 82.5
32

= 48.2

Minimum accident speed is equal to the speed of the car in the test run times the square root of the
number obtained by dividing the average of the accident skidmarks by the total braking distance in the test
run.
 87

HIT-AND-RUN ACCIDENT INVESTIGATION

1. Elements of Hit-and-Run.

a) You must prove suspect was driving the vehicle at the time of the accident. Even if you have witnesses
to prove this, get evidence to disprove his alibi.
b) Suspect was involved in an accident resulting in death, personal injury or damage to property.
c) Suspect failed to stop, give aid or information as to his identity to other person(s) involved, to police or
to anyone at the accident scene; or failed to take reasonable steps to notify the owner of damaged
property other than a vehicle. Do not overlook the possibility of a simulated second accident to explain
damage caused by the first accident.
d) Suspect had knowledge of the accident.
(i) Physical evidence may prove the vehicle figured in the accident.
(ii) Extent of damage to vehicle would preclude allegation of lack of knowledge. If suspect
refrained from using his vehicle for several days since the accident, this would also indicate
guilt.
(iii) Guard against claims that the vehicle was stolen to evade responsibility.

2. Classes of Hit-and-Run Drivers.

a) Drunk drivers.
b) Criminal fleeing from the scene of the crime.
c) Improperly licensed drivers, or drivers with no license or with revoked or expired license.
d) Drivers who fear publicity and prosecution.
e) Ignorance of the accident.
f) Insurance or financial reason.
g) Driver who flees in panic.
h) Drug addicts.
i) Juveniles.

3. Preliminary Steps.
a) (Refer to checklist on Accident Investigation)
b) Obtain the best possible description of the car and driver.
(i) A good description may be obtained from partial description given by witnesses.
(ii) Get the license plate and any unusual features of the vehicle.
(iii) Concentrate on the car’s description first.
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(iv) Dispatch initial description and all subsequent information to the Headquarters and to police
agencies that may assist in spotting and stopping the suspect vehicle.
(v) Broadcast descriptions of the suspect car and driver to all police units and offices.
(vi) Try to determine the damage to the fleeing car.

c) Appeal for information through local newspapers, radio, TV, etc.

d) Carefully search the hit-and-ruin scene for physical evidence.
(i) These may include broken glasses and fragments, hubcaps, paint scrapping from hit-and-run
car, other evidence such as dirt from subject car, radiator ornament, etc.
(ii) Carefully preserve and label all evidence found at the scene.
(iii) Request laboratory study of evidence (Refer to Scientific Aids in Criminal Investigation).
(iv) Watch out for the possible return of the hit-and-run driver to the scene of the accident. This has
been known to happen.

e) The victim.
(i) Check his clothing; other parts of his body; tire marks, grease, paint chips, fragments, and such
things that might have been on him by the suspect car.
(ii) If the victim is killed, get sample of uncontaminated blood from him at the morgue and samples
of hair, skin, etc.
(iii) Collect and preserve for laboratory examination the clothes, shoe and other items he was
wearing at the time of the accident.

4. Follow-up Investigation.
a) Interview persons along the route taken by the hit-and-run driver; also operators of filling stations and
garages.
b) Canvass parking lots and other filling stations and garages.
c) Return to the accident scene at the same time on subsequent days and on the same day of the
following weeks to obtain additional witnesses such as delivery men operating on scheduled routes.
d) Follow up phone calls to garage and dealers of auto parts.
e) Continue appealing for information through the press, radio and TV.

5. Search for Suspect Car.

a) Look for physical evidence, such as latent fingerprints, pieces of clothing, marks, damaged parts, dirt,
hair, blood, etc. which will identify the car as that involved in the hit-and-run accident.
b) Search the undercarriage of the suspect car. Determine also if there is indication of disturbance in
the grease or dirt adhering to it.
c) Make a careful investigation for replaced parts.
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6. Interview of Suspects.
a) Obtain a signed statement if you can.
b) Get a full account of suspect’s whereabouts and write it down just in case he refutes it later.
c) Approach and apprehend the driver of the suspect car as soon as his identity and whereabouts are
ascertained.
d) Place the driver in a defensive position by properly directed questions upon approach.