DEFINITION OF INVESTIGATION

Investigation is the collection of facts to accomplish a three-fold aim:

a. to identify the suspect;
b. b. to locate the suspect; and
c. c. to provide evidence of his guilt.
Six (6) cardinal points of investigation that the investigator must seek to establish; namely
1) what specific offense has been committed; 4) who committed it;
2) when it was committed; 5) why it was committed; and
3) where the offense was committed; 6) how the offense was committed.
THERE ARE PROTOCOLS IN INVESTIGATION that must be observe
Protocol 1: Jurisdictional Investigation by the Territorial Unit Concerned
The Police Station, which has territorial jurisdiction of the area where the crime incident was
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 2: 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.
b) As a general rule, all crime incidents must be recorded in the official police blotter.
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).
d) The duty desk 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.
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 (Officer-on-case); and, the status of the
case.
Protocol 3: Investigation Team: Organization and Equipment
a) Composition:
1. Team Leader; 4. Evidence custodian; and
2. Investigator/recorder; 5. Composite Illustrator/Artist
3. Photographer;
b. Equipment of the investigator:
1. Police line; 7. Flashlight;
2. Video camera; 8. Fingerprint kit;
3. Voice recorder; 9. Evidence bag;
4. Camera; 10. Evidence tag;
5. Measuring device; 11. Evidence bottles/vials; and
6. Gloves; 12. Investigator’s tickler
 INVESTIGATOR’S NOTEBOOK
a. Purpose: Considering the mass of details and the number of cases which in some instances an
investigator is handling, it is very possible that he might forget some details. Many of
the details associated with the investigation, while not essential to the report, might
become points of interest to the court when the case is brought to trial. Experienced
investigators employ a notebook to record the relevant details of the case. During
trial, the court allows investigators to consult their notes to refresh their memory.
b. Recording Note: The data of the investigation should be recorded in a complete, accurate and
legible fashion so that in the event another investigator is required to assume
responsibility for the investigation, he can make intelligent use of the notebook.

Protocol 4: Duties and responsibilities of the Investigating Team

Take full control of the crime scene to include:
a) the conduct of crime scene search; g) interview of witnesses;
b) taking of photographs; h) gathering and evaluation of evidence;
c) making sketches; i) follow-up of the case and the
d) lifting of fingerprints; documentation; and
e) markings of physical evidence; j) filing of appropriate charges in court.
f) (Chain of custody) the transmittal of
evidence to crime laboratory;
Protocol 5: Investigation of Suspects
a) Procedures when arrest is made
1. Secure the person arrested (handcuff at the back);
2. Inform the arrested person on the cause of his arrest and his rights as provided for in the Constitution;
3. Conduct thorough search for weapons and other illegal materials against the suspect/s;
4. Use reasonable force in making arrest;
5. Confiscated evidence shall be properly documented and marked;
6. Bring the arrested person to the Police Station for investigation.
b) Booking procedures of the Arrested Person/Suspect
1) The arrested suspect shall be fingerprinted, photographed and subjected to medical examination to
include liquor and drug tests.
2) Conduct record check.
Protocol 6: Taking of Sworn Statements of Suspects
The execution of a suspect’s “WAIVER” as stipulated in Art 125 of the RPC shall always be done
in the presence of his chosen counsel or any independent counsel.
Protocol 8: Taking of Sworn Statement/s of the Witnesses
a. Sworn Statement or Affidavit of complainant/s and witness/es must be taken immediately by the
investigator-on-case.
b. Affidavit of Arrest of arresting officers must be taken immediately not later than 24 hours.
c. In Inquest cases, the investigator-on-case and the arresting officer/s shall observe Art. 125 of the RPC.
Art. 125. Delay in the delivery of detained persons to the proper judicial authorities. — The penalties
provided in the next preceding article shall be imposed upon the public officer or employee who
shall detain any person for some legal ground and shall fail to deliver such person to the proper
judicial authorities within the period of; twelve (12) hours, for crimes or offenses punishable by
light penalties, or their equivalent; eighteen (18) hours, for crimes or offenses punishable by
correctional penalties, or their equivalent and thirty-six (36) hours, for crimes, or offenses
punishable by afflictive or capital penalties, or their equivalent.
chanrob les vi rtual law lib rary

In every case, the person detained shall be informed of the cause of his detention and
shall be allowed upon his request, to communicate and confer at any time with his attorney or
counsel. (As amended by E.O. Nos. 59 and 272, Nov. 7, 1986 and July 25, 1987,
respectively).

TOOLS OF AN INVESTIGATOR IN GATHERING FACTS

a. Information – Data gathered by an investigator from other persons including the victim himself and from:
1. Public records;
2. Private records; and
3. Modus Operandi file.
b. Interview – Skillful questioning of witnesses and suspects.
c. Instrumentation – Scientific examination of real evidence, application of instrument and methods of the
physical sciences in detecting crime.
PHASES OF INVESTIGATIONS
The main objective of a police investigator is to gather all facts in order to:
Phase I Identify the suspect/s through
(1) confession; (3) circumstantial evidence; and
(2) eyewitness testimony, (4) associate evidence;
Phase II Locate and apprehend suspect/s; and
 Phase III Gather and provide evidence to establish the guilt of the accused.
In proving the guilt of the accused in court,
a) the fact of the existence of the crime must be established;
b) the accused must be identified and associated (connected) with the crime scene;
c) competent and credible witnesses must be available; and
d) the physical evidence must be appropriately identified.
The investigator must know by heart the elements of a specific crime.
STANDARD METHODS OF RECORDING INVESTIGATIVE DATA
a) Photographs; e) Gathering physical evidence;
b) Sketching crime scenes; f) Plaster cast;
c) Written notes (what you have seen or g) Tape recording of sounds;
observed); h) Video tape recording of objects; and
d) Developing and lifting fingerprints found at the i) Written statements of subject(s) and witnesses.
crime scene;
CRIME SCENE PROCESSING
a. The Crime Scene Search
1. Processing and Securing a Crime Scene – Processing a crime scene includes the application of diligent and
careful methods by an investigator/policemen to recognize, identify, preserve and collect fact 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.
2. Protecting the Crime Scene and the Evidence – Successful crimes 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; written statements and transcribing verbal statements of
witnesses, suspects and marking and preservation of collected physical objects of evidentiary nature.
3. 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.
COMMON INVESTIGATION OVERSIGHTS (failure to notice/error/lapses/mistake)
a) Incomplete Case Folder – lack of material documentation of the case under investigation.
Recommended Remedies – include the police reports in chronological order such as police blotter,
spot, progress and final investigation report. Also, append the scene of crime
operation reports (SOCO), forensic reports (result of examination from Crime
LAB) and photographs. Further, if possible, attach the profile of victim/s and
suspect/s, as well as the status of the party involved and the case.
b. No template for the conduct of investigation – police personnel are not knowledgeable about crime scene
preservation and basic investigation.
Recommended Remedies – every police personnel should mandatorily undergo investigation training
giving priority to those in the field units.
c. Inadequacy of coordination – the SOCO, investigators, prosecutors and other concerned agencies work
separately and independently in the conduct of their investigation.
Recommended Remedies - case conferences should be encouraged at the start of the investigation.
The conferences should be attended by the SOCO, investigators, prosecutors,
IBP lawyers and other concerned agencies in order to ensure the coordinated
actions in the preparation of an air- tight case folder.
d. Failure to prosecute – pertains to absence of police investigator during trial to act as prosecutor’s witness
due to retirement and transfer of concerned investigator.
Recommended Remedies – proper turn-over of case folders handled by investigators who shall retire
or be transferred, as requisite before the issuance of office clearance.
e. Chain of Custody – non-observance of proper documentation in the turn-over of evidence from one officer to
another or one office to another.
Recommended Remedies – documentation on the turn–over of evidence with actual receipt should
be observed and non-observance should be the basis for administrative
sanctions.
f. Less appreciation of electronic evidence – police investigators take for granted the electronic devices such as
cellphones, computers and other electronic devices can be processed to give investigative
leads.
Recommended Remedies – proper training on the preservation and processing of electronic devices
should be prioritized for all investigators in the field.
GENERAL INVESTIGATIVE PROCEDURES
Upon receipt of call/walk-in complainants
Duty Desk Officer shall:
a) Record the time it was reported; g) Direct the nearest mobile car/beat patrollers or the
b) Get the identity of the caller/complainant; nearest police precinct to act as first responder
c) Get the place of the incident; equipped with “police line” to secure the place of
d) Get the nature of the incident; incident a camera; and
e) Get the number of victim/s; h) Inform the duty investigator (preferably one team
f) Record a brief synopsis of the incident; of investigators).
At the crime scene
The First Responder shall immediately:
1) Cordon off the area and secure the crime scene with a police line or whatever available material like
ropes, straws or human as barricade to preserve its integrity;
2) Check whether the situation still poses imminent danger and call for back up if necessary;
3) Identify possible witnesses and conduct preliminary interview and ensure their availability for the
incoming investigator-on-case;
4) Arrest the suspect/s if around or in instances wherein the suspect/s is fleeing, make appropriate
notification for dragnet operations;
5) Prepare to take the “Dying Declaration” of severely injured persons with the following requisites:
a) That death is imminent and the declarant is conscious of that fact;
b) That the declaration refers to the cause and surrounding circumstances of such death;
c) That the declaration relates to facts which the victim is competent to testify to; and
d) That the declaration is offered in a case wherein the declarant’s death is the subject of the inquiry.
(Section 37, Rule 130 of the Rules of Court).
6) Evacuate the wounded to the nearest hospital using emergency services;
7) Account for the killed, wounded and arrested persons for proper disposition;
8) Conduct initial investigation; and
9) Brief the investigator-on-case upon arrival and turn over the crime scene.
10) Conduct inventory on the evidence taken at the crime scene; Inventory receipt should be properly signed
by the first responder, SOCO and the investigator.
A) IF IN SERIOUS CONDITION
1. Bring the victim immediately to the nearest hospital using emergency services;
2. Photograph and make a sketch of the victim (if the victim is dead);
3. Get the dying declaration; if necessary (ask 3 questions)
a) Ano ang pangalan at address mo?
b) Kilala mo ba ang gumawa nito sa iyo?
c) Sa pakiramdam mo ba ay ikamamatay mo ang tinamo mong sugat?
However, if there is still a chance to ask more questions, then follow-up should be done. The statement,
once reduced into writing, shall be duly signed by or with thumb mark of the victim.
b) IF NOT IN SERIOUS CONDITION
a) Bring the victim immediately to the nearest hospital using emergency services;
b) Get the identity and other data of the victim;
c) Get initial interview from the victim
Note: The other member/s of the first responders shall remain at the crime scene to secure the premises.
c) IF THE SUSPECT IS ARRESTED AT THE SCENE
a) Get the names of the persons who turned-over or arrested the suspect.
b) Isolate the arrested suspect/s and separate them from any probable witness of the incident.
c) Record what time the suspect was arrested.
d) Wait for the investigator to interview the suspect.
e) If the suspect volunteers any statement, take note of the time, location and circumstances of the
statements.
INVESTIGATION PROCEDURE AT THE CRIME SCENE
a. Upon arrival at the crime scene
1. Receive the crime scene from the first responder.
2. Record time/date of arrival at the crime scene, location of the scene, condition of the weather, condition and
type of lighting, direction of wind and visibility.
3. Photograph and/or video the entire crime scene.
4. Before entering the crime scene, all investigators must put on surgical gloves.
5. Before touching or moving any object at the crime scene in a homicide or murder case, determine first the
status of the victim, whether he is still alive or already dead. If the victim is alive, the investigator should
exert effort to gather information from the victim himself regarding the circumstances of the crime, while a
member of the team or someone must call an ambulance from the nearest hospital. Before removing the
 victim, mark, sketch and photograph his/her relative position. Only a coroner or a medical examiner shall
remove the dead body unless unusual circumstances justify its immediate removal.
6. Designate a member of the team or ask other policemen or responsible persons to stand watch and secure
the scene, and permit only authorized persons to enter the same.
7. Identify and retain for questioning the person who first notified the police, and other possible witnesses.
8. Determine the assailant through inquiry or observe him if his identity is immediately apparent. Arrest him if
he is still in the vicinity.
9. Separate witnesses in order to get independent statements.

b. Recording
The investigator begins the process of recording pertinent facts and details of the investigation the moment he arrives at
the crime scene. (He should record the time when he was initially notified prior to his arrival). He also writes down the
identification of persons involved and what he initially saw. He also draws a basic sketch of the crime scene and takes
the initial photograph (if a photographer is available, avail his services). This is to ensure that an image of the crime
scene is recorded before any occurrence that disturbs the scene. As a rule, do not touch, alter or remove anything at
the crime scene until the evidence has been processed through notes, sketches and photograph, with proper
measurements.
c. Searching for evidence
1. Each crime is different, according to the physical nature of the scene and the crime or offense involved.
Consequently, the scene is processed in accordance with the prevailing physical characteristics of the scene and with the
need to develop essential evidentiary facts peculiar to the offense. A general survey of the scene is always made,
however, to note the locations of obvious traces of action, the probable entry and exit points used by the offender(s)
and the size and shape of the area involved.
2. In rooms, buildings, and small outdoor areas, a systematic search of evidence is initiated (In the interest of uniformity,
it is recommended that the clockwise movement be used.) The investigator examines each item encountered on the
floor, walls, and ceiling to locate anything that may be of evidentiary value.
3. You should give particular attention to fragile evidence that may be destroyed or contaminated if it is not collected
when discovered.
4. If any doubt exists as to the value of an item, treat it as evidence until proven otherwise.
5. Ensure that the item or area where latent fingerprints may be present is closely examined and that action is taken to
develop the prints.
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6. Carefully protect any impression of evidentiary value in surfaces conducive to making casts or molds. If possible,
photograph the impression and make a cast or mold.
7. Note stains, spots and pools of liquid within the scene and treat them as evidence.
8. Treat as evidence all other items, such as hairs, fibers, and earth particles foreign to the area in which they are found;
for example, matter found under the victim’s fingerprints.
9. Proceed systematically and uninterruptedly to the conclusion of the processing of the scene. The search for evidence
is initially completed when, after a thorough examination of the scene, the rough sketch, necessary photograph and
investigative notes have been completed and the investigator has returned to the point from which the search began.
10. Further search may be necessary after the evidence and the statements obtained have been evaluated.
11. In large outdoor areas, it is advisable to divide the area into strips about four (4) feet wide. The policeman may first
search the strip on his left as he faces the scene and then the adjoining strips.
12. It may be advisable to make a search beyond the area considered to be the immediate scene of the incident or
crime. For example, evidence may indicate that a weapon or tool used in the crime was discarded or hidden by the
offender somewhere within a square-mile area near the scene.
13. After completing the search of the scene, the investigator examines the object or person actually attacked by the
offender. For example, a ripped safe, a desk drawer that has been pried open or a room from which items has been
stolen, would be processed after the remainder of the scene has been examined for traces of the offender.
14. In a homicide case, the position of the victim should be outlined with a chalk or any other suitable material before
the body is removed from the scene. If the victim has been pronounced dead by a doctor or is obviously dead, it is
usually advisable to examine the body, the clothing and the area
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under the body after the remainder of the scene has been searched. This is to enable the policeman/investigator to
evaluate all objects of special interest in the light of all other evidence found at the scene.
d. Collection of Evidence
This is accomplished after the search is completed, the rough sketch finished and photographs taken. Fragile evidence
should be collected as they are found. All firearms (FAs) found to have tampered serial numbers (SNs) shall be
automatically subjected to macro etching at the Philippine National Police Crime Laboratory (PNP-CL). A corresponding
request to the Firearms and Explosive Office (FEO) must be made for verification purposes.
The investigator places his initials, the date and time of discovery on each item of evidence for proper identification.
Items that could not be marked should be placed in a suitable container and sealed.
e. Markings of Evidence
Any physical evidence obtained must be marked or tagged before its submission to the evidence custodian.
These are information to ensure that the items can be identified by the collector at any time in the future. This
precaution will help immeasurably to establish the credibility of the collector’s report or testimony and will effectively
avoid any suggestions that the item has been misidentified.
Markings on the specimen must at least contain the following:
1. Exhibit Case Number 2. Initials and or signature of the collecting officer. 3. Time and date of collection.
NOTE: It is also important to note the place or location where the evidence was collected.
f. Evaluation of Evidence
Each item of evidence must be evaluated in relation to all the evidence, individually and collectively. If necessary, these
pieces of evidence must be subjected to crime laboratory examination. Example: firearms for ballistic examination, hair
strands etc.
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g. Preservation of Evidence
It is the investigator’s responsibility to ensure that every precaution is exercised to preserve physical evidence in the
state in which it was recovered/ obtained until it is released to the evidence custodian.
h. Releasing of Evidence
All collected evidence can only be released upon order of the court or prosecutor, as the case maybe.
i. Chain of Custody
A list of all persons who came into possession of an item of evidence, continuity of possession, or the chain of custody,
must be established whenever evidence is presented in court as an exhibit. Adherence to standard procedures in
recording the location of evidence, marking it for identification, and properly completing evidence submission forms for
laboratory analysis is critical to chain of custody. Every person who handled or examined the evidence and where it is at
all times must be accounted for.
As a rule, all seized evidence must be in the custody of the evidence custodian and deposited in the evidence room or
designated place for safekeeping.
CHAIN OF CUSTODY (Change of Possession)
The Scene Evidence – Seal, Markings, Evidence Log
Evidence Collector (Officer on Case) Letter Request
Crime Laboratory Result
Evidence Custodian
Court order (Subpoena)
Court Presentation
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j. Transmittal of Evidence to Crime Laboratory Proper handling of physical evidence is necessary to obtain the
maximum possible information upon which scientific examination shall be based, and to prevent exclusion as evidence
in court. Specimens which truly represent the material found at the scene, unaltered, unspoiled or otherwise
unchanged in handling will provide more and better information upon examination. Legal requirements make it
necessary to account for all physical pieces of evidence from the time it is collected until it is presented in court. With
these in mind, the following principles should be observed in handling all types of evidence:
1. The evidence should reach the laboratory in same condition as when it was found, as much as possible.
2. The quantity of specimen should be adequate. Even with the best equipment available, good results cannot be
obtained from insufficient specimens.
3. Submit a known or standard specimen for comparison purposes.
4. Keep each specimen separate from others so there will be no intermingling or mixing of known and unknown
material. Wrap and seal in individual packages when necessary.
5. Mark or label each of evidence for positive identification as the evidence taken from a particular location in
connection with the crime under investigation.
6. The chain of custody of evidence must be maintained. Account for evidence from the time it is collected until it is
produced in court. Any break in this chain of custody may make the material inadmissible as evidence in court.