MODULE 1

What is __________?

- An inquiry, judicial or otherwise for the discovery and collection of facts

concerning the matters involved.

- It is the process of inquiring, eliciting, soliciting and getting vital

information, facts, circumstances in order to establish the truth.

- The act or process of investigating or the condition being investigated.

- It also refers to a search or inquiry for ascertaining facts, detailed or careful

examination

Etymology of the word Investigation

- It derived from the Old French __________, from Latin __________ (nominative
__________) a searching into, a searching for, noun of action from past
participle stem of __________ to trace out, search after, figuratively search
into, investigate, from in -in, into + vestigare to track, trace, from __________
a footprint, a track. __________ to inquire or discover.

Who is a __________?

- An __________ is someone who carries out investigations, especially as part

of their job.

- A person whose job is to examine a crime, problem, statement, etc. in order

to discover the truth (Cambridge Dictionary).

__________

- This refers to the person who performs an investigation. Also known as

prober

__________

It refers to a PNP uniformed personnel both Police Commissioned Officer

(PCO) and Police Non-Commissioned Officer (PNCO’S) conferred with the
appropriate certification to investigate with care and accuracy

- It conducts a step by step-by-step examination, through patient inquiry and

meticulous observation, data and other pertinent matters to support crime
theories ad establish relevant facts to aid in identifying the offense and
criminal offender, locating him and providing evidence of his guilt.
- Must be a graduate of Criminal Investigation Course (CIC) for PNCO and the
Investigation Officer Basic Course (OBC) for PCO’s.

__________

- It refers to the PNP uniformed personnel who was previously certified as

police investigator but was able to complete 18 units of Master’s Degree, and
completed the Police Detective Course (PDC), and acquired the requisite
experience relating to investigation of cases and appearance in court duties
to support the successful filing and prosecution of offense

__________

- Refers to a PCO who was previously certified as Police Investigator (PCO

Category) but was able to complete a Master Degree, completed the
Investigation Officers Management Course (IOMAC) recorded the number of
required investigation and prosecution of cases.

MODULE 2

Laws Relative to Criminal Investigation

__________ (1) “In all criminal proceedings, the accused shall enjoy the right
to be heard by himself and the counsel.”

__________

“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
remain silent, to have a counsel and to be informed of such right. No force,
intimidation, or any means, which vitiate the free will shall be used against
him. Any confession obtained in the violation of this section shall be
inadmissible as evidence.”

__________

1. Any person under investigation of the commission of an offense shall

have the right to be informed of his right to remain silent and to have a
competent and independent counsel preferably of his own choice. If
the person cannot afford the services of a counsel, he must be
provided with one. These rights cannot be waived EXCEPT in writing,
signed and in the presence of a 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.

__________

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 officers and providing penalties for violation thereof.

Related Case:

Miranda v. Arizona (1966)

It originated from American jurisprudence Mr. Ernesto Miranda a __________

who was accused of kidnapping and rape in the State of Arizona. The
Arizona Police interrogated him exhaustively leading to his confession. Based
on his confession, he was charged, tried and convicted. Appeal of his
conviction was made before the Arizona Supreme Court but his conviction
was affirmed. The appeal was then elevated to the US Supreme Court where
there was a reversal of the decision and he was acquitted on constitutional
grounds.

It was in this case that the US Supreme Court laid down the constitutional
rights of the accused during the custodial interrogation. This constitutional
right was also incorporated in the 1973 Philippine Constitution and later in
1987 Philippine Constitution This is known as the “Miranda Rule, Doctrine
or Warming.”

Rights of a Person under Custodial Investigation are as follows:

- Right to Remain Silent. Anything that he/she may say may be used against
him/her in any court of law.

- Right to be informed of the nature of the charges against him and whatever
he/she says maybe used for or against him/her.

- Right to have a counsel. Preferably of his/her choice and if he/she has none,
the government must provide one.
These rights could be validly waived in writing and with the assistance of a
counsel in order that the ensuing confession be admissible in evidence. The
confession must also be in writing, signed and sworn to by the accused.

In the Miranda v Arizona case, the court addressed the question on how to
enforce a suspect’s right to counsel and right against self- incrimination. The
court concluded that police officers must specifically inform suspects of
these rights and inform them that if they give up these rights their
statements can be used against them.

MODULE 3

__________

- It is a legal inquiry by virtue of a complaint to follow-up, examine, track and

search, step by step by patient and meticulous observation, the fact of the
commission of a crime, the identity of the actor, and the circumstances
attendant thereto by careful evaluation of all available evidence to the end
that the violators of the law be brought to the bar of justice and the innocent
be relieved therefrom.

- Refers to the process of collecting information about a crime.

- It is the logical, objective and legal inquiry involving a possible criminal

activity. The result of the inquiry, if successful, will answer the 5W’s (what,
when, where, who and why) and the H (How). questions.

A criminal investigation is an official effort to uncover information about a

crime. There are general ways that a person can be brought to justice for a
criminal act:

1. First, and probably the least likely, the individual will be driven by
his/her conscience to immediately confess
2. Second, an officer of the law can apprehend him/her in the act.
3. Third, the most common, la criminal investigation can identify a person
as a suspect, after which he may confess or be convicted by trial.

__________

- is a legal term used to indicate that a criminal has been caught in the act of
committing an offence.
Criminal Investigation is an activity that collects facts and circumstances to
accomplish the three-fold aims of criminal investigation:

1. To identify the guilty party

2. To locate the guilty party
3. To provide evidence for his guilt

Elements of Crime:

-motive

-opportunity

- Instrumentality

Is Criminal Investigation an Art or a Science?

As an Art

- Criminal Investigation is considered as an art because it is governed by

rigid rules or fixed legal procedures but most often based on intuition (logic
and tested knowledge, immediate learning/consciousness) sometimes by
chance and

As a Science

- Criminal Investigation is a science because it involves the application of

knowledge of forensic sciences in the process of identifying, locating,
collecting, processing, and/or evaluating physical evidences

Simply put, criminal investigation combines scientific methodologies and

techniques with artistic skills and intuition. While scientific principles provide
a systematic approach to gather and analyze evidence. The artistry of
investigation comes into play during the interpretation of evidence, decision-
making, and the application of interpersonal skills. Both aspects are essential
for a successful investigation

Goals of Criminal Investigation

1. Determine whether a crime has been committed

2. Legally obtain information or evidence
3. Identify persons involved
4. arrest suspects
5. Recover stolen properties
6. present the best possible case to the prosecutor
Kinds of Criminal Investigation in General

1. Investigation while the suspect is under arrest and detention

2. Investigation while suspect is at large.

Forms of Investigation

1. __________

- It refers to official inquiry conducted by a government agency in an effort to

uncover facts and determine the truth

- It is usually considered as some form of inquiry concerning of criminal

activity

2. __________

- It is an effort to search the basic cause of an incident such as the

commission of a crime

3. __________

- A more historical description than a current usage to describe any

penetrating investigation concerning a religious issue.

4. __________

- Similar to formal investigation, is an extensive searching inquiry conducted

by a government agency

5. __________

- It is the most employed type of investigation refers to the careful, patient

investigation done by scientist or scholars in their efforts to identify original
sources of data or causes of problem.

6. __________

- Relatively speaking, is a recent type of investigation pursued by the

members of the press on their own initiative. It is designed to satisfy two
purposes:

a. To attract readers/viewers

b. To get to the roots of the problem

Categories of Criminal Investigation according to John Dempsey

1. __________ vs __________

__________ - carried out by the police

__________ - involves on non-criminal incidents or events

2. __________ vs __________

__________- initiated on the basis of a complaint.

Categories of Reactive Investigation

a. __________ - Suspect is easily determined and located.

b. __________- Suspect has been tentatively identified but has not been
located.

c. __________ - This is a case in which no suspects are initially identified.

• __________ - these are designed to catch a criminal in the act of committing

a Crime. Well prepared operation.

a. __________ operations are of blending and decoy types to catch criminals in

flagrante delicto

b. __________ operations usually in the form of buy-bust and entrapment.

Ex. Entrapment and Buy-bust operation

3. __________ vs __________

a. __________ Investigation-openly

b. __________ Investigation-in secret

Who is a Criminal Investigator?

- A public safety officer who is tasked to conduct investigation of all criminal

cases as provided for arid 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.

-Refers to a person who performs an investigation Criminal investigator is

also known as PROBER and is considered as the superstar in the process of
investigation.
-He seeks to ascertain the methods, motives, and identities of criminals and
victims, and may also search and interrogate witnesses.

Responsibilities of Criminal Investigator

- Determine whether or not the crime has been committed.

- Decide if the crime was committed within the investigator’s jurisdiction.

- Discover all facts pertaining to the complaint, ex. Gathers and preserve
evidence and develop and follow up clues.

- Recover stolen property, identify perpetrator and locate and apprehend the
perpetrator.

- Aid in the prosecution of the offender by providing evidence of guilt which is

admissible in court and effectively as witness in court.

MODULE 4

What are the Qualities of an Effective Investigator?

1. __________

- The capability of the investigator interact both written and oral. They can
do effective interviews either to the witness or suspect as well as 10 wise a
written report

2. __________

- The ability of the investigator to attentively hear the testimony given by a

witness and ate to identify hearsay or false statements

3. __________

-Analytical skills of the investigator while he formulates judgment based on

the testimonies given by the witnesses and evidence gathered

4. __________

- Capacity of the investigator to go through the investigation process despite

obstacles and hindrances that he may encounter such as but not limited to
lack of resources, inadequate investigative leads and clues and others

5. __________
- Flexibility and resourcefulness of the investigator in trying to uncover the
identity and location of the perpetrator

6. __________

- This refers to the honor and honesty of the investigator in solving the case
and avoiding unethical issues that will discredit his image.

7. __________

- Knowledge of the investigator about evidence handling which includes but

is not limited to preservation, marking, tagging, packaging and the
requirements as to how such evidence will be admitted in court during
presentation.

Characteristics of a Competent Criminal Investigator

1. __________

- Refers to steadfastness, persistence and resolution to bring the desired

conclusion in spite of obstacles connected with criminal investigation

2. __________

- Ability of investigator to last physically and mentally

3. __________

- Refer to the degree of honesty and integrity of the investigator on several

temptations

4. __________

- Refers to the ability of the investigator in stooping down the level of the
subject with respect to age, education, profession etc.

5. __________

- should have a basic knowledge on both oral and written communication in

probing a certain issue in order that he will not suffer setback in getting the
accurate facts especially in the preparation of reports.

6. __________

-should be a keen observer and knows how to accurately describe

everything.
7. __________

- moral fortitude of the investigator to tell the truth irrespective of who gets
hurt.

8. __________

- refers to the investigator’s capability of defense tactics, use of firearms and

the like.

9. __________

- investigator should have basic knowledge on legal matters concerning

investigation.

10. __________

- this is every important in order that the investigator could easily decipher
falsehood from truth and separate the grain from the chaff

11.__________

- This refers to the ability of the investigator to interpret the words and
phrases encountered in the process of investigation into their deeper
meaning in order to arrive with concrete meaning of a certain statement.

MODULE 5

Cardinal Points of Criminal Investigation

Investigation must seek to establish the six (6) cardinal points of

investigation, namely: what specific offense was committed, how the offense
was committed, when it was committed, where it was committed, why it was
committed, and who were involved persons.

THE 5 W’s and 1 H are further presented as follows:

Who - the question used to inquire the identity of the victims, or offended
party, name of the suspect, accomplices, accessories and witnesses of crime.

a. Who reported the crime? Who discovered the crime?

b. Who saw how the crime was committed?

c. Who is the victim? Who had any misunderstanding with him/her?

d. Who is the offender/perpetrator/culprit?

e. Who are the companions, associates or accomplices of the perpetrator?

What - the purpose of these types of questions is to find out what happened
or what took place before, during and immediately after the commission of
the offense.

a. What happened?

b. What specific actions did the suspect/victims/witness do?

c. What is the nature of a crime?

d. What were the weapons or tools used by the perpetrator/culprit?

e. What were the pieces of evidence discovered at the crime scene?

Where - the question that localized the place of the incident-city or town,
district or barangay, the street or road, the number of the house or building.
These questions are necessary in pinpointing the particular location of the
crime.

a. Where was the crime discovered?

b. Where did the offense take place?

c. Where are the victims, witnesses or culprits?

d. Where the victims/witnesses/culprits live?

e. Where was the suspect when he was apprehended?

f. Where were the weapons or tools used in committing the crime?

g. Where did the investigator secure or obtain the evidence?

When - these questions needed to determine and fix the time, day, month
and the year when crime was committed

a. When was the crime committed?

b. When was it discovered?

c. When was the police notified?

d. When was the victim last seen?

e. When was the suspect arrested?

Why - these are questions that endeavor to ascertain the motives, causes,
antecedents, previous, incidents related facts, background occurrences that
might help explain the commission of the offense.

a. Why did the offender do it?

b. Why did he kill a victim?

c. Why didn’t he just let the victim go?

d. Why didn’t the suspect surrender?

How - these are designed to help the investigator determine how the crime
was committed, the means and tools employed, how the crime was
discovered, how the culprit enters the building/rooms.

a. How did the suspect get near the victim?

b. How did he perform the crime?

c. How did the criminal get all the necessary information?

d. How did the criminal get away from the crime scene?

e. How was the crime search conducted?

What are the purposes of 5W’s and 1H in Criminal Investigation?

The following are rationales of what 5W’s and 1H in Criminal

Investigation

1. Aid the investigator in searching the crime scene or other places which
may be sources of evidence.
2. Guide the investigator in formulating questions in interviewing
complainant, witness and other interested parties or in the process of
interrogating a suspect.
3. Assist investigator and the desk officer in making brief statements of
facts in the logbook/police blotter and in reports
4. Help the investigator in preparing the Modus Operandi report – How
was the crime perpetrated?
5. Assist the investigator in furnishing a brief and concise criminal
investigation report.
MODULE 6

Tools in Criminal Investigation (3 I”s)

1. __________

-refers to the data needed in the course of investigation. This allow

investigators to gather facts needed to solve the case as this is considered
as the lifeblood and essence of investigation.

-knowledge or facts which the investigator had gathered or acquired from

persons or documents, which are pertinent or relevant concerning the
commission of the crime or criminal activities.

-Information can also be gathered from public records, private records and
modus operandi files

Classification of Information as Sources

1. __________ - information are taken from records, files from the government
or non- government agencies and news items.

2. __________- information are furnished by informants and informers.

3. __________- information disclosed by the underworld characters such as

prisoners or ex-convicts

4. __________

5.

6. __________

Classical Systems of Gathering Information

1. __________ System - relies heavily in buying information

2 __________ System - relies primarily on information given voluntarily.

2. __________

Both are similar in terms of their purpose that is to acquire information.

However, they differ in a manner as to how they gather and collect
information.

Right Principle in Interview and Interrogation

“The RIGHT person asking the RIGHT question to the RIGHT person at the
RIGHT place and at the RIGHT time will get the RIGHT answer.”

__________

- It is done in a simple manner of questioning and mostly done among

complainant, victims, or witness.

- In an interview, the interviewee is willing and cooperative with the person

conducting the interview.

General Kinds of Interview

1. __________- it is conducted to willing and cooperative witnesses, where

they are given full opportunity to narrate their accounts without intervention
or interruption from interviewer.

2. __________ - the interview is practice by some investigators require the

interviewee to answer question posed by the investigator.

Phases of Interview

1. __________ - investigator’s review of the facts at the crime scene and

information from other sources in order that he would be ready for
questioning.

2. __________ - this is done through investigator’s careful selection of the kind

of approach he will use, which maybe a single kind, a combination of two or
the application of all techniques.

3. __________ - this is done by preliminary or exploratory questions to clear

the atmosphere, promote a conducive place for cordiality, respect and trust
and trust for each other.

4. __________ - this is performed by allowing or asking now the subject to

narrate his account without interruption, intervention, or interference.

Qualities of a Good Interviewer

1. Rapport

2. Forceful Personality

3. Knowledge on Psychology/Psychiatry

4. Conversational Tone of Voice

5. Acting Qualities
6. Humility

Interview Format (IRONIC)

1. Identity

2. Rapport

3. Opening Statement

4. Narration

5. Inquiry

6. Conclusion

__________

- It is intrusive or antagonistic in its approach as it question commonly

suspects, accused or hostile witness.

- It is the vigorous and aggressive questioning of a subject. - Applied to an

uncooperative or reluctant witness/suspect.

Goals of Interrogation

1. To find out the truth about the crime.

2. To obtain an admission or confession of guilt from the suspect.
3. To gain all facts in order to determine the method of operation or
modus operandi and the circumstances of the crime in question.
4. To collect information that guides investigators to arrive a logical
conclusion.

Phases of Interrogation

1. Planning of Interrogation
2. Approach - (Meeting the Interrogee) - the first meeting in which it is
extremely critical because the outcome may depend on the initial
impression created by the interrogator.
3. Questioning - this is the heart of the interrogation.
4. Termination - the termination of the interrogation will depend on
various factors such as the physical condition of the subject.
5. Recording - the interrogator should take notes in cryptic if possible.
6. Reporting - the end product of an interrogation is the Tactical
Interrogation. Report containing the information gained. Report must
be made orally or in written form.
Interrogation Techniques

1. The “Open Techniques” - the interrogator is open and direct in his

approach and makes no attempts to conceal the purpose of the
interrogator. It is best employed when the interrogee is cooperative.
2. The “Common Interest” Technique - the interrogator must exert
effort to impress the interrogee of their common interest.
3. Record File (We know all technique) - the interrogator prepares a
file on the source listing all known information (record should be
padded to make it appear to be very extensive). The interrogator may
ask the interrogee about a subject, if he refuses to cooperate, the
interrogator may provide the answer in order to impress him that the
interrogator knows him very well (all is known).
4. Exasperation-Techniques (Harassment) - Subject interrogee is
placed in a longer period of interrogation without rest or sleep. After
many repetitions, the interrogee will be exasperated and will finally
cooperate hoping that he can bellowed to rest or sleep.
5. Opposite Personality Technique - also known as “Mutt and Jeff”
“Threat and Rescue” “Bud Guy-God Guy” “Sweet and Sour” “Sugar and
Vinegar” “Devil and Angel”. Use of two (2) interrogators playing
opposite roles.
6. Egotist Techniques (Pride and Ego) - usually successful when
employed against an interrogee who has displayed a weakness or
feeling of insecurity.
7. “Silent” Technique - employed against nervous or the confident type
of interrogee. Look out the interrogee squarely in the eye with sarcastic
smile. He may ask questions but the interrogator must not answer.
8. “Question Barrage” Technique (Rapid Fire Questioning) -
intended to confuse the interrogee and put him into a defensive
position.

OTHER Techniques in Interrogation:

1. Emotional appeal - addresses a suspect with an emotional appeal to

confess.
2. Sympathetic approach - dig deep into past troubles, plight and
unfortunate events in the life of the suspect.
3. Friendliness - strike friendship with the subject.
4. Tricks and Bluffs

a. The pretense of solid evidence against the accused

b. The weakest link – companion had confessed

c. Drama- used to fake pain and agony

d. Feigning contact with the family

e. The Line Up - witness is guided to point positively to suspect

f. Reverse Line up - suspect is placed among other persons in a line up and

will be identified by several witness/complainants.

3. INSTRUMENTATION

- Also called as Criminalistics or Forensic Science.

- The application of instruments and methods of physical sciences to detect

and investigate crimes.

- refers to the process of employing scientific instruments in crime detection

such as but not limited to bullet comparison microscope, fingerprint
comparator, polygraph machine and the like.

PHASES OF CRIMINAL INVESTIGATION

1. IDENTIFY THE PERPETRATORS

It is important in the first part of the investigation to recognize who is the

perpetrator of the crime. It is mainly established as this will guide
investigators as to who committed the crime.

Methods of identification - refers to the ways and means employed to

uncover the personality of the person who may have committed an act which
under the existing law is regarded as a crime.

Methods of Identification

1. Confession/Admission

Admission or confession by a suspect is a major objective of every

investigation. The confession is an excellent means of identifying the
criminal. From the point of view of proving guilt at the trial, a consideration
that will overlap this discussion, it must be supported by other corroborative
evidence.

The corpus delicti " must be separately established in order to support

conviction. A confession may be denied in court and unless an affirmative
show of voluntariness can be presented by the prosecution.
Confession - “The declaration of an accused expressly acknowledging his
guilt of the charge, may be given as evidence against him.”

Admission - acknowledgment only of some elements of the crime and is not

tantamount to confession.

2. Eyewitness Testimony

The identification is made by several objective persons who are familiar with
the appearance of the accused and who personally witnessed the
commission of a crime.

3. Circumstantial Evidence

In the absence of confession and eyewitnesses, the identification of a

criminal may be established indirectly by proving other facts or
circumstances from which either alone or in connection with other facts, the
identity of the perpetrator can be inferred.

4. Identification through Physical Evidence

4.1. Associative Evidence

The physical evidence found at the scene of the crime during the course of
investigation could link to the identity of the criminal by means of clue
materials, personal property, or the characteristic pattern of procedure
deduced from the arrangement of objects at the crime scene.

4.2. Tracing Evidence

These are physical evidence which may assist the investigating officer in
locating the suspect and most commonly found in theft and robbery cases.

5. Corpus Delicti Evidence

These are objects or substances which may be part of the body of the crime,
the body of the victim, body of the suspects/subject, guns, knife, slug
recovered from the cadaver during autopsy, body fluid, blood, fingerprints,
footprints, etc.

6. Identification through Forensic Science - this method is done through

the aid of the expertise of different forensic services such as DNA,
fingerprint, odontology and the like.

2. LOCATE AND TRACE THE WHEREABOUTS OF THE PERPETRATORS

Perpetrators can be traced in his place of residence, workplace and hang out
places.

3. PROVIDE EVIDENCE NEEDED FOR HIS CONVICTION

To successfully produce a conviction, investigators must remember the rules

in handling evidence so as to maintain its integrity starting from the crime
scene up until during court presentation.

4. PIECES OF EVIDENCE ARE PRESENTED IN COURT.

NOTE: A case shall be considered SOLVED when the following elements

concur:

1) the offender has been identified;

2) there is sufficient evidence to charge him;

3) the offender has been taken into custody; and

4) the offender has been charged before the prosecutor’s office or court of
appropriate jurisdiction.