EXTRAJUDICIAL CONFESSION – A TYPE OF CONFESSION OUTSIDE THE COURT.

PROBER - One who inquires

INVESTIGATION

 Investigation, examination, inquiry, research express the idea of an active effort to find out something.
 Is a systematic, minute, and thorough attempt to learn the facts about something complex or hidden; it is
often formal and official.
 It is a method of getting vital information, facts, circumstances and evidence for the purpose of knowing
the truth.

HOW IS INVESTIGATION CONDUCTED?

- The approaches in the conduct of investigation differs to the nature of crime occurred and with respect to
the pertaining laws.
- Technology and other scientific methods have been integrated in investigation for the solution of crimes.
- A good example is the utilization of Forensic Science to aid investigators in tracing the perpetrator.

LAW ASSOCIATED TO INVESTIGATION

1935 Philippine Constitution Art. 3, Section 17

- "In all criminal prosecutions the accused shall be presumed to be innocent until the contrary is
proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature
and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face
to face, and to have compulsory process to secure the attendance of witnesses in his behalf."

1987 Philippine Constitution Art. 3, Section 12

- (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 services of counsel, he must be provided with one.
These rights cannot be waived except in writing and in the presence of counsel."

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

- 3) "Any confession or admission obtained in violation of this or Section 17 hereof shall be

inadmissible in evidence against him."

- (4) "The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families."

REPUBLIC ACT NO. 7438

- "An act defining some certain acts rights of person arrested, detained and or under custodial
investigation as well as the duties of the arresting, detaining, and investigating officer and providing
penalties for violation thereof."
 RIGHTS OF THE PERSON ARRESTED. DETAINED OR UNDER CUSTODIAL INVESTIGATION
 Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.

 Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or
investigates any person for the commission of an offense shall inform the latter, in a language known to and
understood by him, of his rights to remain silent and to have competent and independent counsel,
preferably of his own choice, who shall at all times be allowed to confer privately with the person arrested,
detained or under custodial investigation. If such person cannot afford the services of his own counsel, he
must be provided with a competent and independent counsel by the investigating officer.

 The custodial investigation report shall be reduced to writing by the investigating officer, provided that
before such report is signed, or thumb marked if the person arrested or detained does not know how to read
and write, it shall be read and adequately explained to him by his counsel or by the assisting counsel
provided by the investigating officer in the language or dialect known to such arrested or detained person,
otherwise, such investigation report shall be null and void and of no effect whatsoever.

 Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall be
in writing and signed by such person in the presence of his counsel or in the latter's absence, upon a valid
waiver, and in the presence of any of the parents, elder brothers and sisters, his spouse, the municipal
mayor, the municipal judge, district school supervisor, or priest or minister of the gospel As chosen by him;
otherwise, such extrajudicial confession shall be inadmissible as evidence in any proceeding.

 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.

 Any person arrested or detained or under custodial investigation shall be allowed visits by or conferences
with any member of his immediate family, or any medical doctor or priest or religious minister chosen by
him or by any member of his immediate family or by his counsel, or by any national non-governmental
organization duly accredited by the Commission on Human Rights of by any international non-
governmental organization duly accredited by the Office of the President. The person's "immediate family"
shall include his or her spouse, fiancé or fiancée, parent or child, brother or sister, grandparent or
grandchild, uncle or aunt, nephew or niece, and guardian or ward.

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

MIRANDA V. ARIZONA (1966)

 It came from the American jurisprudence.

 A Latino named, Mr. Ernesto Miranda was arrested for the crime of rape and kidnapping in Arizona.
 The Arizona Police interrogated Mr. Miranda which led to his confession.
 Mr. Miranda's confession led him to convicted of the two (2) crimes accused to him.
 Mr. Miranda filed an appeal before the Arizona Supreme Court but loss the appeal.
 He then raised up his appeal to the US Supreme Court and was acquitted on the grounds of violation in his
constitutional rights.
 This jurisprudence was the incorporated by the US Supreme Court and was later adapted by the 1973
Philippine Constitution.
 This is famously known as the "Miranda Rule, Doctrine or Warning
CRIMINAL INVESTIGATION

- Is an art which deals with the identity and location of the offender and provides evidence of his guilt
through criminal proceedings.

- In as much as it is not a science, it is not governed by rigid rules or laws but most often, it is governed by
intuition, felicity of inspiration and to a minor extent by chance.

- A procedure conducted to accomplish the three-fold aims of Criminal Investigation:

oto identify the guilty party;

oto locate the guilty party; and
oto provide evidence of his guilt
.
ART VS SCIENCE

 It is considered as an ART because it is ruled by strict or fixed legal procedures, but it is most often based
on intuition such as logic, experience and sometimes by chance.

 It is considered as a SCIENCE because it applies the principles of forensic sciences to aid the Criminal
Investigator in identifying, locating, collecting, preserving and/or evaluating pieces of evidence.

GOALS OF CRIMINAL INVESTIGATION

 Determine whether or not a crime has been occurred.

 Identify the suspect/s involve in the crime. Legally collect and preserve evidence essential in the solution of
crime.

 Apprehend the suspect/s legally with respect to the SOP(standard operating procedure) of arrest.
Recover the stolen properties if the crime is against property.

 As the investigator gathered facts and circumstances, he/she shall present the best possible argument to the
prosecutor.

ANATOMY OF CRIME

MOTIVE = the desire of reason why the perpetrator wants to commit the crime.

INSTRUMENTALITY = objects that aid the perpetrator for the successful committing of the crime

OPPORTUNITY = It is the chance given, unconsciously, by the victim to the perpetrator to commit the crime.
CRIMINAL INVESTIGATOR

 It refers to a person tasked to carry out the objectives of criminal investigation such as to identify and locate
the guilty and provide evidence of his guilt.
 He is also referred to as a the PROBER.
 A specialist in the field of Criminal Investigation
 He is tasked to investigation all criminal cases.

CHARACTERISTICS OF A CRIMINAL INVESTIGATOR

 Perseverance- it refers to how persistent an investigator in solving cases despite of hindrances
 Endurance - an investigator should be able to last all throughout the investigation
 Honesty and Integrity – it tests the level of honesty and integrity of an investigator against temptations
 Flexibility- it refers to the ability of an investigator to be flexible on how he acts or communicate to
different people.
 Good Communication – investigator should be well literate in communicating both oral and written in
carrying out his probing duty.
 Keen Power Of Observation – must be good in observing and describing the things around him.
 Justice – shall carry out his duty regardless of patronage.
 Knowledge in self defense and firearm usage – must have the capability of defending himself.
 Well educated in criminal law – have the basic knowledge on legal basis linked in criminal investigation.

PRIMARY JOB OF A CRIMINAL INVESTIGATOR

- The primordial responsibility of an investigator is to unfold whether or not an offense has been perpetrated
under the law, after determining what specific offense has been perpetrated, he must discover how it was
perpetrated through its SIX CARDINAL POINTS OF INVESTIGATION.