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FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE

A. BASIC PRINCIPLES IN CRIME, CRIMINAL LAW, AND EVIDENCE Examples:

A.1. SOCIAL AND LEGAL CONTEXT OF CRIME 1. Through an act performed by the offender
a. Theft (Article 308, RPC)
Lesson Objectives: b. Robbery (Article 293, RPC)
1. Define what crime is; c. Homicide (Article 249, RPC)
2. Discuss the acts considered as crimes; d. Murder (Article 248, RPC)
3. Differentiate the social and legal contexts of crime; and e. Illegal Possession of Firearm (Presidential Decree 1866 as amended by Republic Act 8294)
4. Discuss the significance of the law. f. Human Trafficking (Republic Act 9208 as amended by Republic Act 10364)
2. Crime by omission
CRIME - in a social context, it refers to any act considered as wrong or that violates the standard norm of a. Delaying release (Article 126, RPC)
the society. b. Other cases of Evasion of Service of Sentence (Article 159, RPC)
c. Failure to make delivery of public funds or property (Article 221, RPC)
Socially, the term act means that there must be an overt bodily movement.
d. Refusal of assistance (Article 233, RPC)
The act is a crime when: • Felony – these are crimes that violate the Revised Penal Code (Act 3815)
• Offense – these are acts which were defined as crime as a result of the special law enacted by
1. The act committed is wrong such that the act performed injuries or otherwise deprive the legislatures.
individual of either their lives (killing a person) or property (stealing something); or • Misdemeanor – these are minor violations or infractions not tantamount to serious injuries or
2. The act violates the standard norm meaning the society itself considered the act as a crime. damages.
There are cases in which a country or its culture dictates whether or not an act is a crime, then it suggests Revised Penal Code and Special Penal Code
that the territorial rule or governance prevails primarily, and such, the definition of the term ‘crime’ may
vary in every place. RPC defined those acts as crime, in which by nature are wrong or evil (mala in se) as well as provide their
nature, penalty, and elements.
Example:
Special Laws are those that identify an act as a crime (mala prohibita) as a result of enactment of the laws
1. Where the country is the dictating factor as crafted by congress in the form of Republic Acts.
a. The act of selling marijuana is a crime in the Philippines but not in Netherlands and Spain.
2. Where the culture is the dictating factor Offender refers to any person accused or otherwise charged of a crime either through an act or omission.
a. The practice of other tribes in killing a person is an act of revenge is not a crime.
Investigation refers to the systematic examination to crack and solve an allegation.
b. Blood feuds between two rival families or tribes. Blood feud is the act of killing between
two clashing clans or tribes that may result to injury or killing as a form of retaliation. Allegation on other hand refers to the contention that someone had committed a crime.
CRIME – in the legal framework is primarily based on the laws of the land.

Law is defined as the system of rule embodied by different principles that bind the practice or action A.2. CRIMINAL RESPONSIBILITY AND INVESTIGATIVE POLICE POWER
concerning human conduct.
Lesson Objectives:
1987 Philippine Constitution – deemed as the highest and supreme law of the land.
1. Discuss the concept of criminal responsibility;
As a rule, no law should be passed in contrary to the constitution. 2. Explain the factors that affect the criminal responsibility of a person;
3. Discuss what police power is;
Under Philippine jurisprudence, crime in legal perspective is defined as an act or omission in violation of
4. Explain the importance of investigative police power; and
the law. In the eyes of the law, crime can be committed either:
5. Differentiate substantive and procedural laws in criminal investigation.
1. Through an act performed by the offender that is in contrary or violates the law; or
Criminal Responsibility is the obligation of a person for the charges as a result of his criminal act.
2. Through omission by which the offender fails to perform a certain action as required by law.
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FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
Since crime in its social context includes the culture of a certain group, the investigator must Procedural Criminal Investigation – refers to the knowledge regarding the rules on how pieces of
remember that each culture may vary and shift from one another. physical evidence should be processed in order to maintain its integrity during the presentation and be
given credit by the trial court.
Example:
Physical Evidence – refers to any material or substance which is found in the crime scene and has a logical
The criminal responsibility of one person who killed someone as a result of vengeance may shift connection to the offense charged and which aids the investigator in solving the case.
the blame to the first actor who committed wrong first. Hence, the investigator must also be knowledgeable
to the society where the latter belongs. Crime Scene – is simply the area where the crime took place and where all pieces of physical evidence
were gathered and collected.
Criminal responsibility is also affected by some other factors such as age or the soundness of the
mind of the presumed criminal. Specifically, these are minors and lunatics. A.3. ADMISSIBILTY OF EVIDENCE

Minor, child or children – technically refers to someone who is not yet in their puberty stage. In the Philippines, the Revised Rules of Court provides for the requirement as to how individual
evidence will be admitted such that:
Puberty – the stage wherein the child is already capable of reproduction.
1. Evidence must be relevant – evidence is relevant to the matter under investigation if it has a logical
Child – legally defined as any person below the age of 18 years (paragraph 5, section 4, RA 9344 as connection to the fact in issue brought before the court (gun is relevant evidence in shooting
amended) incident); and
Children – legally defined as persons under eighteen (18) years of age or those over, but are unable to 2. Evidence must be competent – evidence is competent when it does not violate any procedural
fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or requirement during the gathering or collection of such evidence or that it is not excluded by the
discrimination because of a physical or mental disability or condition (paragraph 1, section 3, RA 7610). laws (shabu seized with a warrant is a competent evidence)

Lunatics – are those individuals whose minds are in the state of sickness or ill. Three General Classifications of Evidence that the investigator must remember such as:

Age of Emancipation – simply means as the life stage of the individual whereby parental authority over 1. Object Evidence – evidence which by its nature can be brought before the court as these are the
him ceases. In the Philippines, the age of emancipation is 18 years of age. actual materials that are recovered from the crime scene. These are also evidence which directly
addresses to the senses of the court.
Investigative Police Power – the capacity of the police to initiate investigation of cases which violates 2. Testimonial Evidence – evidence offered in in the form of testimony either by an eyewitness in
the law. the commission of the crime or those who have knowledge regarding its commission.
3. Documentary Evidence – these are evidences in document form which includes some electronic
Philippine National Police – the primary police force in the country are vested with the power to effect
evidence such as text messages, chat messages, electronic mail and some other evidence which
investigation of cases as a result of crime commission.
are printable.
Presumption of Innocence – is based on the principle that every person subjected to a criminal case is
Other classes of evidence are as follows:
deemed considered innocent unless proven to be guilty beyond reasonable doubt.
1. Direct Evidence vs Circumstantial Evidence
Beyond Reasonable Doubt – is a principle which states that a person is guilty based on moral certainty.
a. Direct Evidence – evidence which directly proves the case under investigation.
Moral Certainty – in a sense that a person is proven guilty based on how the court appreciated the b. Circumstantial Evidence – these are combinations of different events which if combined may
evidence presented during trial which produces a conviction. produce a conviction. Otherwise known as indirect evidence.
2. Corroborative vs Cumulative Evidence
Conviction – on the other hand is a judgment rendered by the trial court that the accused person is guilty a. Corroborative Evidence – these are evidences which have a different character from the one
of the crime charged against him. previously offered.
b. Cumulative Evidence – these are evidences which have a similar nature and character to the
SUBSTANTIVE AND PROCEDURAL CRIMINAL INVESTIGATION
previously offered.
Substantive Criminal Investigation – refers to the knowledge, nature and implication of the different 3. Positive vs Negative Evidence
crimes that investigator should know and possess.
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FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
a.Positive evidence – evidence offered by a witness in which he clearly manifest that an event 1. Complaint filed
or scenario exist or did not exist. 2. Crime committed or crime is in progress
b. Negative evidence – evidence offered by a witness in which he is not certain as to whether 3. Drug related offense
an event or scenario exist or did not exist. 4. Traffic accident
4. Prima Facie Evidence vs Rebuttal Evidence 5. Operation of organized crime
a. Prima Facie Evidence – evidence offered which may produce a conviction if no rebuttal 6. Suspect is under arrest & detention
evidence can be shown. 7. Suspect is at large and or fugitive from justice
b. Rebuttal Evidence – evidence offered to contradict an evidence previously offered.
“AT LARGE” means the suspect is not under arrest or detention not being a wanted person in the eyes
of law, and therefore cannot be lawfully arrested without a warrant.
B. TOOLS, PHASES, AND PRINCIPLES IN INVESTIGATION “FUGITIVE FROM JUSTICE” is obtained when “an individual who, after having committed an
B.1. Criminal Investigation and Its Phases offense, leaves the jurisdiction of the court where such crime has taken place or hides within such
jurisdiction to escape prosecution.
Criminal Investigation – is defined as an art and science oriented toward identifying perpetrator/s,
launching operations to locate his/their whereabouts and gathering of evidence to prove their guilt during 1. Is necessarily an escapee from detention or an escaped prisoner while serving sentence
criminal proceeding. by virtue of a final judgment rendered by a court of competent jurisdiction who can be
legally arrested (par. C, Sec. 5, Rule 113, Rules of Court) without the necessity of
The Concept of Criminal Investigation as an Art and a Science warrant of arrest.
◼ Criminal Investigation is an ancient science that may have roots as far back as 1700 BC. As a general rule; in all criminal investigation or proceedings probable cause must be well established.
Without probable cause, police cannot arrest a person nor avail the issuance of warrant of arrest or search
◼ It is an ART because it is governed by rigid rules or fixed legal procedures but most often based warrant.
on intuition and sometimes by chance.
Probable Cause means the facts and circumstances that would endanger a well-grounded belief that a
◼ It is a SCIENCE because it involves the application of knowledge of forensic sciences in the crime has been committed and the person to be arrested committed it.
process of identifying, locating, collecting, processing, and or evaluating physical evidences.

Perpetrator – refers to the person suspected to have committed an act which is defined by law as crime Importance of Criminal Investigation
and whose identity was unknown to the police. 1. It provides the facts of a crime and provided with solutions.
Threefold aims of Investigation: 2. It helps the five pillars of the Criminal Justice System in recognizing and identifying criminal
and provide justice to offended party, offender (as the case may be), and in promoting social
1. Identify perpetrator/s justice.
2. Locate his/their whereabouts 3. An aid in enforcing the laws and the protection of lives and properties.
3. Provide evidence of his guilt through criminal proceedings.
As a general rule, all crime incidents must be recorded in the official police blotter – is an 18”x12”
Goals of Criminal Investigation
logbook that contains the daily registry of all crime incident reports, official summary of arrest, and other
◼ To determine whether a crime has been committed. significant events reported in the police station.
◼ To legally obtain information or evidence.
◼ To identify persons involved (suspects/victims/witnesses). B.2. Role and Qualities of an Investigator
◼ To arrest suspects. Criminal Investigator - Is a law enforcement officer who is trained, disciplined and experienced to
◼ To recover stolen properties. conduct criminal investigation and the one who can carry the objectives of criminal investigation.
◼ To present the best possible case to the prosecutor.
◼ Sometimes called “superstar” in the process of investigation.
When to Investigate?
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FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
◼ Intuition – immediate apprehension or cognition, quick and ready insight.

◼ Observation ability – ability to observed, noting and recording of facts (using sense of seeing
and hearing)
Characteristics of an Investigator
B.3. Approaches and Tools in Criminal Investigation
1. KNOWLEDGEABLE – exhibits understanding about crime, evidence, law, to include the
suspect and the victim. Motive – the moving power and cause that induces an individual to perform an act which is defined as a
crime.
2. PERSEVERANCE – refers to the steadfastness, persistence and resolution to bring the desired
conclusion in spite of obstacles connected with criminal investigation. Approach in Investigation – the manner how investigator starts learning facts about the crime.

3. ENDURANCE – ability to withstand hardship in the conduct of investigation to include the 1. Inductive Approach – this approach in investigation follows a sequence from specific to general
ability to last physically and mentally. such that investigators will look first at the pieces of evidence before concluding as to what crime
is committed.
4. HONESTY AND INTEGRITY – must always observe the moral conviction of doing the right 2. Deductive Approach – this approach in the investigation is contrary to the former as this starts
thing in all circumstances. from general to specific such that investigators will look first start looking at the body of the
5. THE INTELLIGENCE AND WISDOM OF SOLOMON – this is very important in order that crime (corpus delicti) before the proceeding with the individual evidence as to how the crime was
the investigator could easily decipher falsehood from truth and separate the grain from chaff. committed.

6. ACTING ABILITY – ability to go down to the level of the subject. Corpus delicti – refers to the body of the crime or the fact that the crime was committed.

7. GOOD IN ORAL AND WRITTEN COMMUNICATION – ability to communicate well as Example:

he mingles with the community to include in making a concise report. 1. Dead body in case of murder or homicide case;
8. THE KEEN POWER OF OBSERVATION AND DESCRIPTION – very important in crime 2. The stolen property in theft or robbery case;
scene investigation and in interview and interrogation. 3. The deprivation of liberty of any person in case of kidnapping and serious illegal detention.

9. COURAGE – the moral fortitude to tell the truth no matter who will be hurt. Tools in Criminal Investigation

10. THE POWER TO READ BETWEEN THE LINES – ability to interpret the words or phrases 1. Information – refers to the data needed in the course of investigation.
encountered in the process of investigation in their deeper meaning in order to arrive with an 2. Interview and Interrogation – both are similar in terms of their purpose – to acquire
accurate meaning of a certain statement. information.
• Interview – done in a simple manner of questioning and mostly done among
11. KNOWLEDGE OF MARTIAL ARTS AND FIREARMS PROFICIENCY – this will help complainant, victims, or witness.
the investigator in defending himself when confronting, arresting, and interrogating the suspect. • Interrogation – the vigorous and confrontational questioning of a reluctant suspect
about his participation in a crime. It is also done to hostile witness.
Other Qualities of Investigator
3. Instrumentation – refers to the process of employing scientific instruments in crime detection
◼ Superior reasoning ability – ability to analyze logically a multitude of facts and determining such as but not limited to bullet comparison microscope, fingerprint comparator, polygraph
how they interrelate. This is related to critical thinking. machine and the like.

◼ Imagination and Curiosity – B.4. Cardinal Points and Methods of Identification

▪ Imagination – forming mental images of what is not present or creating new ideas by Cardinal Points in Criminal Investigation – 5Ws and H
combining previous experiences.
WHO – questions used to inquire on the identity of the victims or offended party, name of suspect,
▪ Curiosity – is a desire to learn. accomplices, accessories and witnesses of the crime.
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FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
WHAT – questions used to find out what happened or what took place before, during and immediately 3. Identification through Forensic Science – this method is done through the aid of the expertise
after the commission of the offense. of different forensic services such as DNA, fingerprint, Odontology and the like.

WHERE – questions necessary in specifically pinpointing the particular location of the crime scene.

WHEN – questions needed to determine and fix the time, day, month and year when the crime was
committed.
B.5. Technical and Legal Aspect of Witness
WHY – questions that endeavor to ascertain the motives, causes, antecedents, previous incidents, related
facts, background occurrences that might help explain the commission of the offense. Witness – used both in technical and legal perspective. Technically defined as any person who have seen
or knowledge regarding the commission of the crime. This could be further classified as:
HOW – questions designed to help the investigator determine how the crime was committed, the
means/tools are employed, the crime was discovered, the culprit enters the building/room. How questions 1. Prosecution witness – refers to any person brought before trial to offer testimony in favor for
are very significant in preparing the modus operandi file or report. the prosecution and is used to add incriminatory evidence to the accused.
2. Defense witness – refers to any person who is brought before the trial to strengthen the alibi of
Investigative Process – defined as the procedure taken by the investigator which commence from the time the defense and disprove the charge of the prosecution.
crime was reported up until it was brought before the court for the trial of person accused to have violated 3. Character witness – any person who offers a testimony in line with the character reputation of
the law and for proper sanction and disposition of the case. some other person which will then serve at some point as to whether or not the testimony of that
person will be given credit or not.
In the process of establishing that a crime was deemed committed, the following should be noted: 4. Eyewitness – refers to any person who has seen the actual commission of the crime either whole
1. Investigator must prove that the accused is guilty; or only part of its commission.
2. Investigator must ensure that the accused was identified by competent witness; 5. Child witness – refers to young individual who offers a testimony concerning a crime.
3. Investigator must confirm that whatever evidence found in the crime scene pinpoints to the same 6. Dumb witness – these are those witnesses who by reason of some mental faculty are unable to
accused or group of accused people; provide an accurate detail regarding the crime which is typically common among uneducated
4. Investigator must note that evidences recovered in the crime scene are the same evidences that individual.
will be presented in court; and 7. Honest witness – these are those witnesses who cooperate and avoid exaggeration or falsehood
5. Investigator must remember that conviction will depend as to how he will establish the elements in providing testimonies concerning the crime.
of the crime alleged. 8. Fearful witness – these are those persons who are afraid of being involved in the prosecution of
the accused or simply shy to face the open court.
Methods of identification – refers to the ways and means employed to uncover the personality of the 9. Egocentric witness – refers to a witness who is prone to exaggeration of the things he had
person who may have committed an act in which under the existing law is regarded as a crime. observed and may attempt to add facts which are not part of the real scenario.
10. Hostile witness – these are those witnesses who are uncooperative and do not wish to provide
The identity of the person suspected to have committed a crime can be established mainly through
information necessary for the prosecution of the case.
the following:
11. Suspicious witness – are individual witnesses who are doubtful about the true intention of the
1. Identification by witness – the identity of the perpetrator is established through an eyewitness investigators or the police as a whole.
or person who have seen the perpetrator in the actual commission of the crime or his presence
In legal perspective, the law and the Revised Rules of Court define and qualify a witness as “any
was seen in the crime scene or immediate area/s where the time took place.
person who can perceive, capable of perceiving, can make known his perception to others” can be witness.
2. Identification through Physical Evidence – the identity of the perpetrator is established through
collection of physical evidence that has logical connection to the case which could be either be Under the Revised Rules of Court, the law further classify witness as either:’
associative or tracing evidence. This two differ such that:
a. Associative evidence – these are those material/s owned and can be linked to the perpetrator 1. Ordinary witness – these are those witness who may be allowed to testify regarding the
which by some instance was left at the crime scene. following:
b. Tracing evidence – these are those material/s taken by the perpetrator at the crime scene and a. About the identity of the person whom he had knowledge;
most commonly found in theft or robbery cases. b. Handwriting of the person of which he had familiarity; and
c. Mental sanity of the person whom he had acquainted.
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FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
2. Expert witness – are those witness who by reason of their knowledge, skills, training or
experience may be allowed by the court to give their opinion.
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FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
C. CRIME SCENE INVESTIGATION AND RECONSTRUCTION Investigating Team – refers to the group of police personnel charged with the investigation and
processing of the crime scene which includes but not limited to the search, collection, marking, tagging,
C.1. PROCEDURES IN CRIMINAL INVESTIGATION preservation, and transfer of evidence.
As a general rule, all crime scene investigation must be done by the police station who have Assignment of Duties of Responding Officers
territorial jurisdiction of the crime incident unless otherwise specified by higher authorities to be
investigated by some other unit or agencies and must be recorded in the official police blotter. 1. Team Leader/Officer-in-Charge – the one who directs the processing of the crime scene.
2. Assistant Team Leader – the one who implements or executes the order/s coming from his/her
Territorial Jurisdiction – means that crime incident happened within the area or place that a certain superiors.
police station holds or covers. 3. Photographer – takes photograph of all pieces of evidence that are relevant to the crime
Police station – refers to the office of local police that has a jurisdiction within the area and exercises committed.
control over the community and persons movement by enforcing the laws necessary for the maintenance 4. Sketcher – make sketches of the immediate, background and inside the scene of the crime.
of peace and order. 5. Master Note Taker/Recorder – the one who writes down in short hand all observations at the
crime scene such as: weather condition, time of dispatch and time of arrival at the crime scene
Crime scene – refers to the place where crime took place and where physical evidences can be found. and other relevant data that should be taken down note.
6. Evidence – the one in charge in the collection, preservation, tagging of the articles of evidence
Crime incident – refers occurrence of a crime.
found at the crime scene.
Illustration: A committed murder (Crime Incident) in the house (Crime Scene) of B. 7. Measurer – makes all relevant measurements of the scene.

In the event that a crime happens, it reaches the attention of the police through: Initial Steps in Criminal Investigation

1. A concerned citizen who witnessed the crime incident; 1. Cordon the crime scene.
2. An accidental discovery of some citizen; or 2. Identify and retain the person who first notified the police for questioning.
3. The action itself of the police officer in patrol. 3. Determine the suspect by direct inquiry or observation.
4. Detain all people present at the crime scene.
First Responder – police officers who are in patrol are commonly regarded as first responders. As part of 5. Safeguard the area by issuing appropriate orders.
their duty, they must do the following: 6. Permit only authorized persons to enter the area.
7. Separate the witness in order to obtain independent statement.
1. Proceed to crime scene and validate information regarding the incident;
8. Do not touch or move any object found in the scene.
2. Record all relevant facts and the time of arrival at the crime scene;
9. Summon assistance from responsible persons if necessary.
3. Cordon the area, meaning isolate the place so that unauthorized persons cannot enter the scene or
10. The team leader assigns the duties of the searchers if assistants are present.
the suspect cannot destroy the evidence;
4. Identify possible witness and do the preliminary interview if feasible; THE GOLDEN RULE IN CRIMINAL INVESTIGATION
5. Arrest suspect/s if they are around or recommend for the conduct of dragnet operation which
pertains to an operation conducted to seal off possible exits of the suspect/s; “Do not touch, alter, move, or transfer any object at the crime scene unless it is properly marked,
6. Be ready to take dying declaration of injured person. measured, sketched and/or photographed.”
Dying declaration is a statement made by a person who is under the impending death in which
“MAC” RULE
such declaration is related to facts in which the person is competent to testify;
7. Evacuate wounded person and/or account killed, wounded or arrested person; 1. MUTILATE – meaning do not remove anything from the crime scene;
8. Conduct initial investigation and briefing of investigator on case (IOC) upon his arrival at the 2. ALTER – do not change anything in the crime scene; and
scene; and 3. CONTAMINATE – do not add anything to the crime scene.
9. Conduct initial inventory of all possible evidence at the crime scene which must be signed by
him, the SOCO, and by the investigator. Transient Evidence – those evidence which when not collected at appropriate time may diminish or loss
its value such as urine, blood, semen, etc.

Fragile Evidence – those evidence which may be broken if collected inattentively.

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FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
Methods of Search 2. Pictures of every room must be taken though they are not apparently connected to the crime
scene;
The Crime Scene Search include a diligent and careful method by the investigator to recognize, 3. Photograph must be taken from at least 2 opposite corners but 4 corners is better;
identify and preserve crime scene to include physical evidence. 4. If possible, take photos from above or ceiling to avoid the possibility of missing any evidence;
Method of Search – is defined as the systematic procedure employed by the investigating team and
in order to recognize, collect, and preserve the evidence or any object/s found in the crime scene that has 5. Keep a photo log during crime scene processing.
a logical connection to the case. Sequential Photographs of the Crime Scene:
1. Strip Method – done through following a straight path in an area. Upon reaching the end, the 1. Views of the exterior of the building/ vehicle in relation to other buildings/ vehicles, roads/
searcher turns and follows again a straight path but parallel to the first path he takes. streets, etc.
2. Double Strip Method – almost similar with strip method. The rectangle is traversed first parallel 2. Point of entry and exit outside and inside.
to the bar and then parallel to the side. 3. Interiors of the crime scene/room.
3. Spiral Method – done when the area to be searched is circular in nature. The searcher may start 4. Condition of the crime scene.
either from the center or outside although commonly searcher usually starts from the outside 5. Area from which valuable articles were removed.
following a circular shape until they finish searching the entire area. 6. Articles left at the scene.
4. Wheel Method – also applicable in circular areas similar to spiral method. However, the searcher 7. Trace evidence, such as hairs, fibers, footprints and cigarette buts.
starts in the center and is best applied when there are plenty of searchers. 8. Tool marks and impressions of shoes or tire tracks.
5. Zone Method – best applicable in crime scene covering a wider range. In this method, the crime 9. Fingerprints as well as articles on which these prints may be found.
scene is divided into four quadrants and the searcher may select what type of search should be
done in each quadrant. It could either be strip, double strip, radial, wheel or zone method. II. Sketching the Crime Scene

I. Photographing the Crime Scene Sketch – the graphic representation of the scene of the crime with complete measurements of the relative
distances of relevant object and conditions obtaining therein.
Photographs should depict the actual scenario of the crime scene and portray the proper placement
of the individual evidence. The General Kinds of Sketch

In taking of photograph, investigating team must consider the following angle/views to properly 1. Rough Sketch – the sketch made by the investigator at the crime scene which is full of important
appreciate the crime scene such as: details but without the scale of proportion. This is used as the basis for the finished sketch.
2. Finished Sketch – the sketch with a scale of proportion and drawn by a draftsman which can be
1. General View – taking an over-all view of the scene of the crime. It shows the direction and location used for court presentation.
of the crime scene.
Rough and finished sketches if requested by the court shall be presented by the draftsman to clear doubts
2. Medium View – these shots are taken to show the different divisions of the crime scene as this view of the jury.
will allow investigators to clearly see the nature of the crime committed.
Reasons of Making Sketch:
3. Close-up View – the taking of individual photograph of the evidence at the scene of the crime. It is
design to show the details of the crime. 1. To refresh the memory of the investigators.
2. To express the precise location of objects and their relationship to other objects and its
Progressive Photography – gradual shots of an individual evidence may be taken from a standard position surroundings.
in order to show the relationship of one evidence to another or how individual evidence is close or far from 3. To assist the prosecutor and the judge in understanding conditions at the crime scene.
one another. 4. To supplement photographs.
Guidelines in taking photographs: 5. To assist in questioning of witnesses and suspects.

1. Take overall photos of the scene which include street signs, areas, streetlight’s location near the Parts of Sketch
crime scene, and any identifying objects; The following are parts of sketch that is usually practiced by the Philippine National Police
(PNP). This may vary depending on the sketcher and purpose of sketch.
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FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
1. Title – refers to the crime committed or the incident happened such as vehicular accident, 2. Sketch of Grounds – this kind of sketch illustrates the scene of the crime with the nearest
homicide case, drowning, rape case and others. physical surroundings, such as room adjacent or opposite the room of the crime scene, the number
2. Body – refers to the sketch proper to include the position of the victim and other items in the of floors of a building or house, the yard and other natural structures.
crime scene. It includes proper measurements of distances of objects in the crime scene. 3. Sketch of details – includes the positions and exact locations of the physical evidence in the
3. Compass Direction (orientation) – a standard arrow to indicate the north direction. crime scene. It describes the immediate scene only like the room which the crime was committed
4. Nature of the Case – refers to the status of the case whether currently committed or days have and the details of items in the room.
passed after its discovery.
5. Location of Incident – the place where the incident happened. Measurement – this pertains to the dimension and distance of the relative object to one another.
6. Date/time of the Incident – refers to the exact time and date of the incident. This can be gathered To aid investigators in measuring individual evidence with respect to any other object/s in the
through eyewitnesses and other persons in the area. crime scene, the following methods should be considered and must be used based on the physical
7. Name of Victim – the part of the sketch where the name of victim is written. characteristics of the crime scene:
8. Name of Suspect – the part of the sketch where the name of the suspect is written.
9. Legend – this is usually placed at the bottom of sketch outside the sketch of the scene. Numbers 1. Rectangular method – find fix post at a right angle to serve as the base;
represent the objects in the crime scene or letters in order not to unnecessarily crowd the graphic 2. Triangulation method – find two fix points to the evidence that must be plotted or located.
presentation. Their descriptions are found in the legend.
10. Signatory – the part of the sketch where the name of the sketcher and team leader or the officer
in charge are written and signed. III. Marking, Tagging and Collection of Evidence
11. Date and Time – the exact time the sketch was made.
Marking of Evidence – refers to the process of identifying and recognizing any objects in the
Type of Sketch crime scene by way of placing the letter symbol or number.
Tagging of Evidence – the process of labelling the physical evidence by way of placing the
1. Floor Plan or Bird’s eye view – a type of sketch drawn from above;
appropriate evidence tag containing the description of the item, the date and the initial of the
2. Elevation Sketch – a type of sketch drawn to show the given side of an area;
collecting officer.
3. Exploded/Cross projection Sketch – a type of sketch wherein the ceiling and or walls are
Collection of Evidence – refers to the actual gathering and lifting of evidence from the crime
flattened all out in the ground; a sketch drawn to show the relationship or order of the whole parts.
scene to the custody of the appropriate office.
Additional guidelines on drawing the sketch includes the following:
IV. Evaluation, Preservation, and Releasing of Evidence
1. Capital letters – for basic parts or accessories of the place
Evaluation of Evidence – the process of assessing the significance of individual evidence that
2. Numbers – for individual evidence.
should be subjected for further examination such as transmittal of firearm to crime laboratory for
3. Use standard symbol while sketching
ballistics examination or transmittal of electronic devices such as cellphones or laptops to Anti-
4. Use arrow to show direction and stairways
Cybercrime Group (ACG) for digital examination. This also the process of determining the
5. Be consistent with the units of measurement such as centimeters, inches, yard, meters, feet, etc.
probative value of the evidence. Probative value refers to the strength of the evidence or its
6. Scale of Proportion – the element of the finished sketch. It is essential of the finished sketch to
worth/weight in successfully establishing a proof that a crime has in fact been committed and that
the actual size or measurements at the scene. For example: the scale 1:50 means 1 meter in the
the suspects/accused is the one who is responsible for it.
sketch measurement is 50 meters in the actual scene measurement.
Preservation of Evidence – refers to the measures employed in order to maintain, protect, and
The Specific Kinds of Sketch safeguard the original state of physical evidence from the time it was collected up until the time
that it will be released to appropriate personnel.
1. Sketch of Locality – it deals with the vicinity of the crime scene in relation to the environs, to Releasing of Evidence – refers to the discharge of individual evidence upon the order of the court
include neighboring buildings, structures, or means of access leading to the scene. This kind of and/or prosecutor.
sketch is applied in conflagrations, suspected to be arson, indicating the origin of the fire and how
is spread naturally or unnaturally against the wind. Take note: It is the primary responsibility of the investigator to preserve the evidence until it will be
transferred to the hands of the evidence custodian.
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FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
Evidence Custodian – the person who take charge with the responsibility and control in handling and 1. Appreciation – the process of recognizing the potential physical evidence that has or may
disposal of evidence. have evidential value and separate it from those items which are not significant in the
progress of the investigation;
Chain of Custody – the transfer of evidence from one person who holds supervision or care of 2. Comparison – the process of comparing group of standards from the one collected at the
such evidence to another person from the time it was gathered at the crime scene up to the time crime scene to establish its identity;
it will be presented in court. 3. Individualization – this involves the process of establishing the uniqueness of the physical
Safekeeping – simply refers to the security or protection of physical evidence. evidence taken from the crime scene; and
The following should be noted in adherence to the standard procedures in maintain the chain of 4. Reconstruction – the final stage undertaken in order to fully reconstruct the crime
custody such as: considering all related factors such as crime scene evaluation, laboratory results,
individuality of physical evidence and other independent information from various sources
1. Proper recording of areas or location from which evidence was gathered; to provide better understanding and explanation as to how the crime was committed.
2. Proper marking of evidence for accurate identification; and Crime Scene Reenactment – the process of reenacting and portraying the crime incident based
3. Completing the evidence submission form for laboratory analysis. on their previous knowledge regarding the event by having the offender, victim or witness to play
Evidence Log – any material upon which the writing or note taking is done to keep and maintain such role
the record and disposal of evidence. Crime Scene Recreation – the process of substituting all necessary items or actions at the crime
scene through the use of what is documented or with the aid of investigator’s log.
V. Release of the Crime Scene
VII. Modus Operandi and Profiling of Suspect
- Defined as the discharge of the discharge of the crime scene from the custody of authorized
law enforcement officer to the lawful occupant, owner, or any person who is charged with Modus Operandi – the manner and methods employed or used as well as the sequence of various
the responsibility and management of the place where the crime happened. actions taken by the perpetrator in committing the crime. It is otherwise known as method of
operation.
In releasing the crime scene, the following should be observed:
Profiling – defined as the psychological process of establishing the characteristics of the most
1. All physical evidence must be properly marked, tagged, and labelled; likely individual who might have committed the crime based on the evaluation of the crime scene
2. Ensure that proper inventory of all items is done; and the placement of physical evidence.
3. Error should not be entertained as there is only one chance to process the crime Rogues Gallery – refers to the compilations of photographs of known criminals.
scene; and Cartographic Sketch – refers to the composite drawing of a suspect’s face done by an artist to
4. Release the crime scene only after final survey and proper documentation. Final assist police investigators in establishing the identity of the person who might have committed
Survey refers to the action taken by the investigating team to ensure that all items the crime.
have been gathered which includes the proper documentation of all circumstances
D. THE THREE (3) TOOLS OR I’s OF CRIMINAL INVESTIGATION
under which the physical evidence was collected.
INFORMATION
VI. Reconstructing the Crime
The knowledge or facts which the investigator had gathered or acquired from persons or documents,
Crime Scene Reconstruction – is defined as the scientific ability of investigators to make useful
which are pertinent or relevant concerning the commission of the crime or criminal activities.
observations of physical evidence in the crime scene through a logical approach in theorizing as
to how the crime was committed. Psychologists estimate that approximately 85% of our knowledge is gathered through sight, 13% from
sense of hearing and only 2% through the three other senses.
Reconstruction
Psychological processes of accurate observation:
To properly reconstruct the crime, the following stages should be observed to arrive at a more
convincing explanation as to how the crime was committed: 1. Attention – consist of the psychological process involve in becoming aware of an existence of
facts.
2. Perception – involve in the understanding fact of awareness.
3. Report – involved in identifying what has been perceive, narrated, and identified.
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FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
INFORMATION CLASSIFIED AS TO ITS SOURCES At the RIGHT time and in the RIGHT place

1. Regular Sources – records, files from the government or non-government agencies, news items. Will get the RIGHT answers.
The bulk of application of this nature is news items. Included also is news or TV broadcast,
intercepted radio, telephone messages and stored computer area.
2. Cultivated Sources – information furnished by informants or informers. E.1. INTERVIEW
3. Grapevine Sources – when the information is disclosed by the underworld characters such as
prisoners or ex-convicts. Interview – the simple questioning of a person who cooperates with the investigator. In the account of the
interview, the witnesses voluntarily give their accounts about the commission of a crime.
GENERAL TYPES OF SUSPECT IDENTIFICATION
Cognitive Interview – a form or technique in the conduct of interview upon willing and cooperative
1. POSITIVE IDENTIFICATION – this use information that identifies an individual beyond witnesses, where they are given the full opportunity to narrate their accounts without intervention,
question and is legally acceptable as pertaining to and originating from a particular individual. interruption and interference from the interviewer. After the subject has finished his narration, the
Examples are the following: investigator now subjects him to style of direct examination and cross-examination, to clarify the
▪ Information developed after comparing questioned with inked fingerprints; unexplained portions to arrive at a vivid and complete picture of the testimony.
▪ Result of DNA analysis of blood and semen.
2. TRACING IDENTIFICATION – this involves the use of all other information that maybe THE GOLDEN RULE IN INTERVIEW
indicative of the personal identity of an individual.
“Never conduct or let anyone conduct an interview if the interviewer has not gone to the crime
Examples include the following:
scene.”
▪ Description of witnesses as to the appearance of culprits;
▪ Information about the presence of a suspect’s personal belongings at the crime scene. ▪ The questioning should be in agreement with the facts and conditions at the crime scene
▪ The questioning will lead wayward for the interviewer who had not seen personally the crime
SOURCES OF INFORMATION
scene and he will not be in a position to distinguish half-truths, exaggerations of falsehood from
1. Government Records – police files, NBI files, Bureau of Immigration files, COMELEC files, the answers of the person being interviewed.
files from the local jails and the National Bureau of Prisons and other government agencies.
QUALITIES OF A GOOD INTERVIEWER
2. Private Records – from private offices and business and non-government organizations.
3. Intercepted Messages – from telephones, cellular phones, radio telecommunications and other a. Rapport – it is the relation between the interviewer and the interviewee, which is conducive to a
means of communications. fruitful result.
4. Records of the Firearms and Explosive Unit – concerning licensed holders of firearms and b. Forceful Personality – the appearance of the interviewer and other qualities such as skills of
authorized possessor of explosives. communication techniques or the force of his language are the mainstays of the strength of his
5. Fire Busting – tracing the chain of possession of a firearm, from the manufacturer, distributor, character.
seller and to the last processor and possessor. (Applicable in US, wherein this could be done c. Knowledge of Human Behavior – to ascertain the person whether he’s telling the truth or not.
through the files of the FBI and other US police agencies). d. Conversational Tone of Voice – his tone of voice must be conversational, not confrontational
6. Stored Data on Computers and Cellphones – only experts must be employed to retrieve these as in interrogation.
stored data. e. Acting Qualities – he must possess the qualities of an actor, salesman and psychologist and know
how to use the power of persuasion.
f. Humility – he must be courteous, sympathetic and humble, ready to ask apologies for the
E. THE INTERVIEW AND INTERROGATION
inconvenience of the interview.
A Philosophy of Interview and Interrogation:
REASONS WHY WITNESSES REFUSE TO TALK OR TESTIFY
The RIGHT officer
a. Fear of Reprisal – witnesses who lack courage to face the suspect, his associates or relatives.
Asking the RIGHT questions The fear of retaliation and economic hardships.

In the RIGHT manner

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FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
b. Great Inconvenience – on the part of those of hand-to-mouth existence there is real a. One Question at a Time – avoid multiple, complex and legalistic questions. One question at a
inconvenience, which will deprive them the time to earn for their living especially during the time is desired.
ordeal of testifying during trial. b. Avoid implied answers – the nod of the head or any other body language as a response to the
c. Hatred Against the Police – the hatred maybe due to previous bad experience with rogue questions should be avoided. The answers must be oral, clear, explicit and responsive to the
members of the police organization. questions.
d. Bias of the Witness – the witness maybe an acquaintance, friend, helper, or benefactor of the c. Simplicity of Questions – a short simple question at a time is required. If the answer needs
suspect. qualification, then, it should be allowed. Avoid legalistic questions such as: who is the murderer;
e. Avoidance of Publicity – there are witnesses who are shy and they shun publicity that will bring or who are in conspiracy with the subject.
discomfort to their ordinary or obscure way of living. d. Saving faces – embarrassing questions on the subject matters of exaggeration or honest errors
f. Family Restriction – some famous and respected families preserve their reputations by instilling about time, distance and description can be avoided if the investigator will cooperate with the
to their members the need pf approval of their elders on matters affecting their families. subject to “save his face”. The investigator should not fault or ridicule the subject on these
matters.
OPENING THE INTERVIEW e. Yes and No Answers – do not ask questions which could be answered by yes or no only. It will
1. The interviewer should identify himself and the agency to which he belongs. curtail the complete flow of information and will lead to inaccuracy.
2. He should try to size up the interviewee and reach to tentative conclusion about his type, then use Note: the interviewer should always leave the door open for a re-interview. Don’t forget to say
the best interview approach. “THANK YOU” after the interview.
3. He should keep in mind the provisions of law regarding the rights of people under custodial
investigation. TYPES OF WITNESSES ACCORDING TO THEIR ATTITUDE

THE STAGES OF HANDLING INTERVIEW a. Know-nothing Type – these are the reluctant type of witnesses.
b. Disinterested Type – the uncooperative and indifferent subject.
a. Preparation/Planning – the investigator should review the facts at the crime scene and c. The Drunken Type – the style of questioning by the investigator should be adapted to the
information from other sources in order that he would be ready for the questioning. A background psychology of the subject. When the drunken subject has sobered, confronting him about his
data of the subject should be available so that he could adapt himself to the kind of approach to disclosures while in the state of drunkenness. The written statement must be taken during his
be employed. sobriety.
In planning the interview, the interviewer should consider: d. Talkative Type – these are the witnesses who are prone to exaggerate, adding irrelevant or new
matters to their narration.
▪ The facts of the case which have been established so far. e. Honest Witnesses – these are the truthful and cooperative witnesses where the investigator could
▪ The information needed to complete the picture. rely upon, with little or no problem in handling them.
▪ The sources of information that may be consulted such as files and record. f. Deceitful Witness – the liar type of witnesses.
▪ The possibility of confronting the suspect with physical evidence. g. Timid Witnesses – they are the shy witnesses. The approach must be friendly and reassuring
▪ The time available for the interview. confidentiality of their information. They should be hidden from the devouring press by
▪ The time allowed by law. interviews or photo sessions.
b. Approach – the investigator must carefully select his kind of approach, which maybe a single h. Refusal to Talk Witnesses – these are the most difficult subjects to deal with. Find out the
kind, a combination of two or the application of all techniques. reasons of their personality. The cause maybe trauma, shock, fear, hatred, and others. Remove
c. Warming Up – this is done by preliminary or exploratory questions to clear the atmosphere, these fetters of silence and they will start talking.
promote a conducive ground for cordiality, respect and trust for each other.
d. Cognitive Interview – the subject is now asked to narrate his account without interruption,
intervention or interference. It is only after the completion of the uninterrupted narration that the E.2. INTERROGATION
investigator begins his direct and cross-examinations.
Interrogation – is the vigorous and confrontational questioning of a reluctant suspect about his
RULES IN QUESTIONING A PERSON participation in a crime; the process of obtaining an admission or confession from those suspects which
means that the suspect in confronted about his participation in the commission of an offense.
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FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
Goal of Interrogation: ▪ The Line Up Method - The complainant, witness or victim is requested to point
positively to the suspect in the police line-up. The witnesses’ victims or complainant are
▪ To find out the truth about the crime. previously coached about the identity of the suspect.
▪ To obtain an admission or confession of guilt from the suspect. ▪ Reverse Line Up - The suspect is placed among other persons in a line up and he/she is
▪ To gain all facts in order to determine the method of operation or modus operandi and the identified by several complainants and witnesses who will associate the suspect to
circumstances of the crime in question. become desperate and confess only to the case under investigation, to avoid being
▪ To collect information that guides investigators to arrive at a logical conclusion. charged on false accusations (Garcia, 2004).
E. STERN APPROACH – The investigator displays a stern (demands immediate response)
personality towards the suspect by using the following methods:
Phases of Interrogation: ▪ Jolting - In the questioning process, the investigator selects the right moment to
shout a pertinent question in an apparent righteous outrage. The suspect’s nerves
a. Planning and preparation – this refers to the interrogator, to keep himself aware on the situation
will break to a confession.
and he must observe and analyze the interrogee without his knowledge.
▪ Opportunity to Lie - The suspect is given all the opportunities to lie. The suspect is
b. Approach – in this step, the interrogator should keep in his mind to gain rapport with the subject.
questioned about his/her personal life, family, friends his/her knowledge about the
c. Questioning – this is considered the heart of interrogation. Where all techniques could apply to
complainant and the witnesses.
obtain information from the subject.
o Then the suspect is questioned about his/her activity prior during and after
d. Termination – this refers to the ending of the interrogation process, and it should end in a friendly
the commission of the crime.
manner.
F. THE MUTT AND JEFF OR SWEET AND SOUR METHOD
e. Recording – this refers to place in document the result of the interrogation, in this process it is
▪ The first set of investigators must appear to be rough, mean and dangerous.
advisable to tape record all conversation.
▪ When they had finished the interrogation, the second investigator intervenes by
f. Reporting – this is the end product of the interrogation.
stopping the first set of investigators. By being sympathetic and understanding,
THE TECHNIQUES OF INTERROGATION he/she begins his interrogation. If the suspect still refuses to cooperate, then the
process is repeated until there is a confession (Mitchell, 2002).
A. EMOTIONAL APPEAL – This is a technique whereby the investigator, combining the skills G. REMOVING THE ETHNIC OR CULTURAL BARRIER
of the actor and a psychologist, addressing the suspect with an emotional appeal to confess. ▪ For example: If the suspect is an “Ifugao” (person from Ifugao Province), then
B. SYMPATHETIC APPROACH – The investigator in his/her preliminary or probing questions preferably, an Ifugao investigator is recommended to interrogate him, the same with
must dig deep into the past troubles, plight and unfortunate events in the life of the suspect. An other ethnic or cultural groups.
offer of help, kindness, friendliness, may win his cooperation. ▪ It is a Filipino’s way of life that people put trust and confidence to those who belong
C. FRIENDLINESS – A friendly approach coupled with a posture of sincerity may include the to their clan or tribe.
suspect to confess. ▪ The interrogation must be in the language or dialect of the suspect to get his
D. TRICKS AND BLUFF TECHNIQUES confidence. This is removing the dialect/language barrier.
▪ The Pretense of Solid Evidence against the Accused – The investigator bluffs the suspect H. SEARCHING FOR THE SOFT SPOT
that even if he/she will not confess, there is enough evidence to send him/her to jail. ▪ In every man’s heart, there is always softest spot. The heart may have been hardened
▪ The Weakest Link - Among the suspects, there must be careful selection of who among to steel by poverty, destitution, hopelessness, despair, apathy, indifference,
there is the weakest link where the interrogation will begin. injustice, hatred or other factors, yet there is always that spot which could be
o By tricks and bluffs, this weakest link will be told that his/her companions had discovered by the investigator through his/her knowledge of human behavior.
already confessed and that this weakest link had dealt the fatal blow or that he ▪ That spot maybe the youngest child, the wife, the mother, and the brother who acted
received the lion share of the loot in order to intrigue him. as his father, the grandparents or the best friend.
▪ Drama - The weakest link may be used to fake pain and agony by ordering him/her to ▪ This technique is not only used during interrogation but also during crisis
shout, accompanied by banging a chair on the wall to make it appear that a commotion management in hostage situations.
is going on.
ADDITIONAL MODERN TECHNIQUES OF INTERROGATION
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FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
A. Rationalization – It is the use of reasons, which is acceptable to the subject that led to the Forensic Experts – refer to those individual capable of utilizing forensic science in elucidating crime
commission of the crime; thus, it may be said that sometimes, killing is necessity rather than by commission.
purpose or design.
B. Projection – It is the process of putting the blame to another person, not alone to the suspect. Criminalistics – defined as the examination, evaluation and providing of explanation to all physical
C. Minimization - It is the act of minimizing the culpability of the suspect. The investigator evidence collected at the crime scene; it is only part of forensic science.
convinces the suspect that a confession will reduce the offense and the penalty. Thus, the Crime Laboratory or Crime Lab – refers to the area or place where pieces of physical evidence are
investigator could study it if the there is a way to downgrade murdered to homicide or the brought for extensive and exhaustive examination.
introduction of mitigating circumstances with the result of the penalty being within the range of
probation (Garcia, 2004). Methods of Instrumentation:

Apparent Signs of Deception ▪ Forensic Ballistics – deals with the study of firearm to establish its identity through
ammunition fired through them.
The following unusual situation posed by the subject during the interrogation must be observed o Ballistician – the person who examines those fired bullets, fired cartridge case,
by the investigator: suspected firearm, or a combination of these three recovered from the crime scene.
1. Excessive sweating o Fired bullet – any bullet/s found and recovered from the crime scene.
2. Change of Facial Color o Fired cartridge – any cartridge case/s found and recovered from the crime scene.
3. Dryness of mouth o Suspected firearm – refers to the firearm found and recovered from the crime scene
4. Excessive breathing and subject for laboratory examination to establish its identity and uniqueness as
5. Increase of Pulse Beat compared to another firearm.
6. Avoidance of Direct Eye Contact o The examination of firearm was founded on the principle that “No two firearms are
exactly the same even if they are product of one manufacturer”.
Modes of Extra-judicial Identification of Accused o Task of Firearm Section
When firearm is submitted for laboratory examination, the following could be
a. Show-ups – where the accused alone is brought face-to-face with the witness for identification. the reasons for such submission such as:
b. Mug shots – where photographs are shown to the witness for identification. 1. Test firing of all firearms;
c. Line-ups – where a witness identifies the suspect from a group of persons lined up for the 2. Comparison of fired bullet and fired cartridge case;
purpose. 3. Restoration of serial number; and
▪ Identification will be admissible if it passes the totality of circumstances test which considers 4. Analysis of any firearm related incident.
the following factors: o Problems Addressed by Ballistician
o The witness’ opportunity to view the criminal at the time of the crime Like any other field, ballistician needs to enlighten the investigator if a fired
o Witness’ degree of attention at that time bullet, fired cartridge case, and a suspected firearm are found at the crime
o Accuracy of any prior description by the witness scene. The ballistician should take all the necessary measures to solve the given
o The level of certainty demonstrated by the witness at the identification scenario such that:
o Length of time between the crime and identification 1. Given a fired bullet
o Suggestiveness of the identification procedure
• The ballistician will determine the caliber, make, and type of
possible firearm used in any firearm related incident.
2. Given a fired cartridge case
E.3. INSTRUMENTATION • The ballistician will determine the caliber, make, and type of
possible firearm used in any firearm related incident.
- Refers to the process of employing scientific instruments in crime detection.
3. Given a fired bullet and a suspected firearm
Forensic Science – refers to the application of the principle of various sciences to provide answers to • The ballistician will determine if the fired bullet found and
legal questions. recovered from the crime scene came from that suspected
firearm.
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FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
4. Given a fired cartridge case and a suspected firearm o Standard Document – refers to any known writing of the person; serves as the
• The ballistician will determine if the fired cartridge case found basis in comparing those questioned documents or those recovered from the crime
and recovered from the crime scene came from that suspected scene or submitted for examination.
firearm.
5. Given multiple fired bullets and a suspected firearm ▪ Forensic Odontology – pertains to the application of dental knowledge to legal investigation
• The ballistician will determine if those multiple fired bullets came both in criminal and civil aspects. As human bone and teeth are the most durable part of the
from that suspected firearm or how many firearms used to fire human body, this allows the forensic dentist (Odontologist) who is highly experienced in this
those multiple bullets. field of expertise to aid on the following:
6. Given multiple fired cartridge cases and a suspected firearm 1. Identify unknown remains of an individual person; and
• The ballistician will determine if those multiple fired cartridge 2. Establish the identity of specific bite marks.
cases came from that suspected firearm or how many firearms o Advantages of Forensic Odontology
used to fire those multiple cartridge cases. In cases of investigation in line with assault or injuries where bite marks are
7. Given a suspected firearm present, Odontologists determine the identity of the person through examination of
• The ballistician will determine if the firearm was recently used the dental structure of any person suspected to have committed the crime. The same
or not, or, if the firearm is still serviceable or usable is true in cases of death investigation whereby Odontologists take photograph of the
teeth of deceased, conduct cranial measurements, and study all cranial structure.
▪ Questioned Document – refers to any material whereby the origin of the document or the In addition, the science of forensic odontology is best useful in the following
identity of the author is unknown. cases:
o Disputed document – when that part of the document, whether the content, the 1. Victims of mass disaster;
signature, the date or even individual letters or numbers were contested as to its 2. Burned bodies;
authenticity. 3. Dismembered bodies; and
o Questioned Document Examiner – the person responsible for the examination of 4. Physically deformed bodies.
a questioned document. o Limitations:
o Common cases submitted to the QDE for examination: 1. Not enough standards available as it is not the primary means of
1. Forged signature identification.
2. Anonymous letter 2. No strict implementation of keeping dental records among dentistry
3. Forged checks 3. Dental profile of a person may change over a period of time.
4. Counterfeited paper bills 4. Bite marks on the person’s skin may change depending on the
5. Questioned handwriting pressure applied during biting as the time pass
o Collection of Documents 5. The questioned bite taken from the victim may not be the same with
In cases where the core of the investigation relies heavily on the document the bite taken under controlled environment or during the acquisition
recovered from the crime scene, investigators are responsible for further of standard.
collection of documents or other materials needed and assist the QDE in 6. Instructions as to how the analysis must be undertaken (no standards).
whatever endeavors are needed for the success of the examination.
Investigators if feasible should collect the following standards:
1. Collected Standard – these are classes of documents commonly ▪ Forensic Photography – the field covering the legal application of photography in criminal
collected in the office, house or other areas where the person resides jurisprudence and criminal investigation.
or frequents as part of his daily and usual routine. o Mug shot – the standard taking of photographs among arrested suspects with front
2. Requested Standard – these are documents commonly handwriting and side angles taken in one location.
or signature – related issues accomplished upon the request of the o Metric photograph – a photograph taken with metric scale placed in the photo’s
party requesting such standard. This is usually undertaken by the border to show the actual size of the image.
QDE.
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FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
o Portrait Parle – also known as a spoken picture, is a method of describing in a o One greatest contribution of forensic medicine in the field of investigation is that,
detailed manner the human head which gives emphasis on the different part. It is investigators may possibly determine the approximate time of death through visible
the reason for today’s composite drawing. body changes. These visible body changes are as follows:
o Composite Drawing – a graphical drawing of the suspects’ face drawn as an aid in 1. Algor Mortis or cooling of the body – this means that the body becomes
establishing identity of person who might have committed the crime. cold after death. This usually occurs in the first 2 hours after the person
▪ Forensic Toxicology and Serology died.
o Forensic toxicology – defined as the application of toxicology to aid in the 2. Rigor Mortis or muscle stiffening – after cooling of the body, muscle
medical and legal aspect of death investigation. becomes rigid or stiff usually 2-3 hours after death. The whole body will
o Toxicology – refers to the study of chemicals and its adverse effects in the human become rigid approximately 12 hours after death and will last for about
body. This discipline is very useful in the following instances: 18-36 hours. Thereafter, putrefaction will commence. Putrefaction
1. Drug testing; simply means the decomposition or decaying of the dead body.
2. Alcohol intake; and 3. Livor Mortis or skin discoloration – this refers to the changes of the
3. Death investigation specifically in cases of poisoning. body color 3-6 hours after death due to stoppage of blood circulation and
o Forensic serology – deals with the identification, detection, and classification of the clotting of blood in the blood vessels. This results in the settlement of
the different body fluids found in the crime scene. This includes the separation of the blood in the area of the body where it has contact with the surface.
these fluids to determine its origin or to be exact, from whom it came from. After 12 hours, skin discoloration becomes fully developed. This
In addition, the test for Serology are as follows: phenomenon is one of the best indicators if the dead body was moved or
1. Presumptive Test – a quick preliminary test conducted to determine if not.
the sample taken is blood.
2. Confirmatory Test – this test is conducted to conclude that the test taken ▪ Polygraphy – the scientific method of detecting deception done with the aid of polygraph
is blood. machine.
o Polygraph – a scientific instrument used as an aid in detecting deception. Sometimes
▪ Dactyloscopy – the study of classification of fingerprints as a means of identification. called a “Lie Detector”.
o The Principles of Fingerprint: o Examiner – refers to the person who conducts the polygraph examination is the one
1. Principle of Permanency – this principle states that fingerprint does not who can manifest if the subject is truthful or deceitful through the aid of polygraph
change over the lifetime of a person. This means that fingerprint is machine.
constant from conception to birth and from birth to death. o Subject – refers to the person who is placed under polygraph examination.
2. Principle of Individuality – this principle states that every individual o Principal uses of Polygraph examination:
person has their own unique set of fingerprints and that these fingerprints 1. Aid in investigation of criminal and civil cases;
cannot be duplicated nor repeated among other individual. 2. Speeds up investigation process;
3. Principle of Infallibility – this principle states that fingerprint can never 3. Eliminate innocent suspects;
be wrong or makes an error as to the identity of the person. 4. Pre-employment screening; and
5. Personnel test for honesty.
▪ Forensic Medicine – a branch of medicine that deals with the application of medical knowledge o Examiner relies on physiological changes in the body of the person to detect if he is
to establish facts surrounding the causes, manner, and time of death of the person. It aids lying or not.
investigation, such that they enlightened investigators as to how and when the crime was o Physiological Changes – refer to the body changes which occurs if the person is
committed through the conduct of autopsy. performing an act or is under stress like sweating, faster heartbeats, heavy breaths, and
o Autopsy – sometimes called Medico Legal Examination, is defined as the thorough others.
examination of a dead body done through dissection. (Internal examination).
o Postmortem examination – external examination of the dead body.
o Medico Legal Officer – the one who conducts an examination on the cadaver to F. ARREST, CUSTODIAL INVESTIGATION, SEARCH AND SEIZURE
determine the exact cause of death.
Complaint and Information:
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FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
Complaint – a complaint is a sworn written statement charging a person with an offense, subscribed by Execution of Warrant – simply means as carrying out the duty to find the person whose name was written
the offended party, any peace officer, or other public officer charged with the enforcement of the law in the warrant and cause his arrest and detention.
violated.
In executing the warrant, the following should be observed:
Information – an information is an accusation in writing charging a person with an offense, subscribed
by the prosecutor and filed with the court. 1. A warrant can be executed either during the day or night;
2. The person making the arrest shall inform the person to be arrested that a warrant has been issued
F.1. Arrest for his arrest; and
3. It must be executed within 10 days from the moment it was received;
o came from the Latin word “arrestare” which means “cause to stop” and “restare” which means
“stay behind”. These terms were used as early as during the 14th century. However, the person making the arrest shall proceed with the arrest of the person even without
o The taking of a person into custody in order that he may be bound to answer for the commission informing him of the cause of the arrest or that a warrant was issued for him to be arrested provided that
of an offense. either of the following is present:

*General rule: No one can arrest a person unless with a valid warrant of arrest. 1. The person flees;
2. The person forcibly resisted; or
Warrant of Arrest – an order in writing issued in the name of the people of the Philippines; signed by a 3. It will hamper successful arrest of the person.
judge and directed to a peace officer, commanding him to arrest the person designated and take him into
custody of the law in order that he may be bound to answer for the commission of an offense. Procedure when arrest is made:

Richard Doe/John (Jane) Doe Warrant – a warrant containing no specific person to be arrested but only 1. Secure the person arrested (handcuff at the back)
descriptions based from the testimonies of the victim/s or the witness/es. It contains the physical a. Conduct thorough search for weapons and other illegal materials
description of the accused as well as other factors to be considered for the identification of the accused. b. Inform the arrested person of his right
2. Use reasonable force in making arrest
Warrant Officer – any authorized member from the law enforcement agency usually from the Philippine a. Confiscated evidence shall be properly documented
National Police (PNP) or National Bureau of Investigation (NBI) who holds a warrant for execution within b. Bring the arrested person to the nearest accredited hospital for medical examination
10 days from receipt subject to renewal in case of failure to execute the same. c. Bring the arrested person to the police station for documentation.
Alias Warrant – refers to the warrant of arrest issued by a judge to the peace officer after returning the Medical Examination of Arrested Person/Suspect – immediately after the arrest of a person ordered to
original warrant of arrest after the lapse of 10-day validity period. be arrested by the court, or of a suspect under investigation, he should be subjected to a medical
When a warrant of arrest not necessary: 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 in
1. When the accused is already in detention; the area.
2. When the accused was arrested by virtue of a lawful arrest without warrant;
3. When the penalty is of a fine only; and The Basic Principle of Warrant of Arrest
4. Those covered by a summary procedure. 1. Issued by the judge to a peace officer and commanding him to arrest a person stated therein.
Summary Procedure – refers to an immediate process issuing and taking effect without delays or 2. It is enforceable within the Philippine territory at any time of the day or night.
intermediate applications. It is a legal means used for enforcing a right that takes effect faster and more 3. Arresting officer must inform the person to be arrested of the cause of the arrest.
efficiently than other ordinary methods. 4. Arrest is made by actual restraint of the person to be arrested or by his submission to the custody
of the person making the arrest.
Arrest; How made: 5. No specific expiration, but within 10 days of its receipt the officer shall submit a progress report
to the issuing judge.
1. It is made by an actual restraint of a person to be arrested, or by his submission to the custody of
6. Warrant of arrest is still valid if the suspect is not yet arrested unless the court denounce its
the person making the arrest;
validity.
2. No violence or unnecessary force shall be used in making an arrest;
3. The person arrested shall not be subject to a greater restraint than is necessary for his detention. Duties of Arresting Officer:
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FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
1. It shall be the duty of the officer executing the warrant without necessary delay to arrest the Inquest – an informal and summary investigation conducted by a public prosecutor in criminal cases
accused and to deliver him to the nearest police station. involving persons arrested without the benefit of a warrant of arrest issued by the court for the purpose of
2. During arrest, with or without warrant, it shall be the duty of arresting officer to inform the person determining whether or not said persons should remain under the custody and correspondingly be charged
to be arrested of the cause of the arrest or his constitutional rights in dialect or language known in court.
to the subject except when he flees or forcibly resist.
3. The officer must present the warrant to the person arrested, in case that he did not bring with him
at the time of arrest, he shall be shown to him as soon as practicable. F.3. CUSTODIAL INVESTIGATION AND DETENTION
4. No torture, force or violence or any other means which vitiate the free will of the arrested person.
Custodial Investigation
Summoning Assistance for the Arrest – an officer making a lawful arrest may orally summon as many
persons as he deems necessary to assist him in effecting the arrest. Every person so summoned by an - it involves any questioning initiated by law enforcement authorities after the person is taken into
officer shall assist him in effecting the arrest when he can render such assistance without detriment to custody or otherwise deprived of his freedom of action in any significant way.
himself. - It includes 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
Right of Attorney or Relative to Visit Person Arrest – any member of the Philippine Bar shall, at the “inviting” officer for any violation of law (RA 7438).
request of the person arrested or of another acting in his behalf, have the right to visit and confer privately
with such person in the jail or any other place of custody at any hour of the day or night. Subject to This is the stage of investigation where there is strict observance of the Miranda Doctrine.
reasonable regulations, a relative of the person arrested can also exercise the same right.
Miranda Doctrine - These are derivatives from the Philippine Bill of Rights, which safeguards among
Executive Order No. 155, dated March 30, 1987, amending Republic Act No. 857, penalizes any public others, the right to remain silent, the right to be assisted by counsel, the right to be presumed innocent,
officer who deprives a person of his right to counsel. The penalty shall be prision correccional or proven guilty beyond reasonable doubt, and the right against self-incrimination.
imprisonment of 6 months and 1 day to 6 years.
These rights provided by the states was originally founded in the case of Ernesto Miranda vs. the
RA 857 has been repealed by RA 7438. The penalty is now a fine of 6,000.00 or a penalty of imprisonment State of Arizona such that the Court dropped his conviction for kidnapping and rape for failure of police
of not less than 8 years but not more than 10 years, or both. The penalty of perpetual absolute officers conducting the investigation to inform and recite his legal rights prior to confession during
disqualification shall be imposed upon the investigating officer who has been previously convicted of a custodial investigation.
similar offense.
In the Philippines, the right of the person arrested is originally defined under the Bill of Rights of the
1987 Philippine Constitution (Section 12, Article III) such that any person lawfully arrested and under
F.2. WARRANTLESS ARREST investigation for the commission of a crime shall have the following rights:

- The arrest made by any law enforcer without the benefit of a warrant. 1. Right to remain silent;
2. Right to have independent and competent counsel, preferably of his own choice; and
Instances of Warrantless Arrest [also known as Citizen’s Arrest] 3. Right to know the nature and the cause of accusation against the person accused.
1. When, in his presence, the person to be arrested has committed, is actually committing, or is In addition to the above rights, the state enacted the statutory law Republic Act 7438 which provides
attempting to commit an offense [Caught in the Act] [In flagrante delicto]; further the process of obtaining a confession to any person detained or under custodial investigation such
2. When an offense has just been committed and he has probable cause to believe based on that:
personal knowledge of facts or circumstances that the person to be arrested has committed
it; [Hot Pursuit] and 1. The person detained or under custodial investigation shall be assisted with by a counsel at all
3. When the person to be arrested is a prisoner who has escaped from a penal establishment or times;
place where he is serving final judgment or is temporarily confined while his case is pending, 2. The recital of his rights shall be in the dialect known and understood by the person detained or
or has escaped while being transferred from one confinement to another. [Escapee] under custodial investigation; and
3. The custodial investigation report shall be reduced into writing by the investigating officer and
Furthermore, inquest proceeding will be done if the person was arrested without the benefit of the must be explained to him by his counsel before it will be signed by the same.
warrant. This is conducted to ensure that the arrest made was legal and in accordance with the law.
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FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
When can a person invoke the Miranda Rights? ▪ ADMISSION – an acknowledgement of a fact or circumstance without accepting guilt. Guilt
may be inferred in admission.
- The so-called Miranda Rights may be invoked only by a person while he is under custodial
investigation. Kinds of Confession

Can the rights of the suspect under custodial investigation be waived? 1. Extra-judicial Confession – those made by the suspect during custodial investigation. Simply
explained are that those confessions made outside of the court.
- No. however, it admits of exception, that is, the waiver must be in writing and in the presence of ▪ Sec. 3, Rule 133, Rules of Court – Extra-judicial confession, not sufficient ground for
counsel. conviction: An extra judicial confession made by an accused, shall not be sufficient
What law reinforced the Constitutional mandate protecting the rights of persons under custodial ground for conviction, unless corroborated by evidence of corpus delicti (body of the
investigation? crime).
2. Judicial Confession – those made by the accused in open court. The plea of guilt maybe during
Sec. 2, RA 7438 providing for the Rights of Persons Arrested, Detained or under Custodial arraignment or any stage of the proceedings where the accused changes his plea of not guilty to
Investigation, as follows: guilty.
▪ Sec. 2, Rules 129, Rules of Court states that “Judicial Admission is made by the party
a. Any person arrested, detained or under custodial investigation shall at all times be assisted by
in the pleadings, or in the course of the trial or other proceedings do not require proof
counsel.
unless previously shown to have been made through a palpable mistake.”
b. 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 Kinds of Extra-judicial Confession
afford the services of his own counsel, he must be provided with a competent and independent
counsel by the investigating officer. a. Voluntary Extra-judicial Confession – the confession is voluntary when the accused speaks of
his free will and accord, without inducement of any kind, with a full and complete knowledge of
When is the right to counsel deemed to have arisen? the nature and the consequence of the confession.
- At the precise moment custodial investigation begins. b. Involuntary Extra-judicial Confession – confessions obtained through force, threat,
intimidation, duress or anything influencing the voluntary act of the confessor.
Is being made to stand in the police line-up starts the right to counsel?
IMPORTANT NOTICE:
- No, being made to stand in police line-up is not the starting point or part of custodial investigation.
▪ Confessions obtained from the defendant by means of force or intimidation/violence is NULL
What are the requirements of a valid extra-judicial admission of guilt during custodial AND VOID, and cannot be used against him/her in the trial.
investigation? ▪ A confession made under the influence of spiritual advice or exhortation is not admissible.
▪ The same through as confession made under the influence of parental sentiment is not admissible
1. It must be voluntary;
as evidence.
2. It must be made with the assistance of competent and independent counsel;
3. It must be express; and
4. It must be in writing.
ARBITRARY DETENTION
CONFESSION DISTINGUISHED FROM ADMISSION - A crime against the fundamental law of the state committed by any public officer or employee in
any of the following:
▪ CONFESSION – the declaration of the accused acknowledging his guilt arising from the 1. Detention of any person without legal grounds (Article 124);
commission of a crime. 2. Delay in the delivery of detained person to the proper judicial authority (Article
125); and
3. Delaying Release (Article 126).
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FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
o In relation to arrest, any person arrested without the benefit of warrant (warrantless Personal properties to be seized:
arrest) shall be released subject to the gravity of the offense he is suspected to have
committed such that: 1. Subject of the offense;
1. 12 hours, if the committed a light felony; 2. Stolen or embezzled and other proceeds, or fruits of the offense; or
2. 18 hours, if the committed a less grave felony; and 3. Used or intended to be used as the means of committing an offense.
3. 36 hours, if the person committed a grave felony. Requisites for Validity of Search Warrant:
Any police officer who will not observe or fail to observe the following number of hours shall be 1. It must be issued upon probable cause;
charged for arbitrary detention under Article 125 of the Revised Penal Code. 2. The probable cause must be determined by the judge himself and not by the applicant or any other
person;
3. In the determination of probable cause, the judge must examine, under oath or affirmation, the
F.4. SEARCH AND SEIZURE complainant and such witnesses as the latter may produce; and
4. The warrant issued must particularly describe the place to be searched and persons or things to
Search – a form of government invasion to the person’s freedom to privacy. be seized.
= An examination of an individual’s person, house, papers or effect, or other buildings and premises to Execution of Search Warrant
discover contraband or some evidence of guilt to be used in the prosecution of a criminal action.
In the execution of search warrant, the person must identify himself and his purpose. If he will not be
Seizure – the confiscation of the property or any material usually fruit of the crime or product of illegal admitted to the place directed to the search, then he may break any part of the house either:
activities to serve as evidence in the legal proceeding.
1. To execute the warrant or
General Rule: Any police officer cannot search unless there is a valid search warrant. To be valid, 2. To liberate himself or any person lawfully aiding him when unlawfully detained.
probable cause must be established.
The warrant shall be valid only for ten (10) days from the date of its issuance and no search shall be
Search Warrant – an order in writing issued in the name of the People of the Philippines, signed by a made except:
judge and directed to a peace officer, commanding him to search for personal property described therein
and bring it before the court. 1. Lawful occupant is present;
2. Any member of his family; or
Application and Issuance of Search Warrant 3. Presence of at least two (2) witnesses of sufficient age and discretion residing in the same locality.
Any police officer can request for the issuance of a warrant provided that there is probable cause. In general, all search shall be made during daytime unless specified to be served at any time of
Probable cause – means that there is a strong ground that a crime has been committed or about to be the day or night. Thereafter, the officer seizing the property shall give a detailed receipt to the lawful
committed and the proceeds, fruit of the crime or property that will be used in committing the crime can occupant, in the presence of at least two witnesses of sufficient age and discretion residing in the same
be found and located in the place so described in the warrant. locality.

Any police officer can secure the warrant from: The officer making the search and seizure shall deliver the property to the court who issue the
warrant together with the inventory of seized items under oath. If after ten (10) days the warrant was not
1. The court that has territorial jurisdiction of the crime; returned, the issuing judge shall summon the person to whom the warrant was issued and allow him to
2. For compelling reason, any court within the judicial region where the crime was committed if the explain why no return was made.
place of the commission of the crime is known; or
3. Any court within the judicial region where the warrant shall be enforced. The return of the search warrant shall be filed and kept by the custodian of the logbook on search
warrant who shall enter therein the following:
Who shall issue the warrant?
1. Date of return;
- It is the judge who will issue the warrant after questioning the complainant under oath and in 2. Result of the search; and
writing to include the possible witnesses who may be presented. 3. Action of the judge.
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FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
5. Consented Warrantless Search – a search conducted upon the voluntary consent given by the
person exercising authority over the property or by the rightful owner.
WARRANTLESS SEARCH ▪ Requisites:
▪ Is defined as the search and seizure of personal property based on probable cause made 1. It must appear that the rights exist;
by a police officer without a warrant. This is true in cases of exigent circumstance. 2. The person involved had knowledge, actual or constructive, of the existence
Exigent circumstance – refers to situation whereby securing a warrant would make it less practical or of such right; and
useless. 3. Said person had an actual intention to relinquish the right.
6. Customs Search – law enforcers who are tasked to effect the enforcement of the customs and
The following are examples of exigent circumstances whereby a valid warrantless search and seizure is tariff laws are authorized to search and seize, without warrant on the following:
applicable: 1. Cargo or other movable property when there is reasonable cause to suspect
that the said items have been introduced into the Philippines in violation of the
1. Search incidental to a lawful arrest – defined as the search and seizure of property made by
tariff and customs law.
any police officer upon a valid arrest.
2. Any vehicle or persons suspected of holding or conveying the said articles, as
▪ Requisites:
in the case at bar.
o There must be a lawful arrest before a search is made;
o Law enforcers must be armed with a valid warrant. EXCEPTION: Warrantless
Arrest (Sec.5, Rule 113).
2. Search of evidence in “Plain View” – refers to the confiscation of embezzled or stolen property TYPES OF SEARCHES:
or where the property is evidence of a crime or will be used in committing an offense in the 1. Wall Search
presence of a police officer in plain view. - the safest type of search.
▪ Requisites: - The purpose is to place the subject in an “off-balance” position requiring the use of notch
o The law enforcement officer in search of the evidence has a prior justification arms and legs to keep him from falling to the ground.
for an intrusion or is in a position from which he can view a particular area; - it does not necessarily require a wall; any object that can support the weight of the
o The discovery of evidence in plain view is inadvertent; and subject (such as car) can be used.
o It is immediately apparent to the officer that the item he observes may be 2. Standing Search
evidence of a crime, contraband or otherwise subject to seizure. - Raise subject’s hand over his head and spread his feet apart as possible.
3. Stop and Frisk (Terry Search) – refers to the brief stopping of an individual made by the police - This is not recommended because the subject is in the “on-balance” position.
officer based on reasonable suspicion among person suspected to commit a crime or in possession 3. Kneeling Search
of dangerous weapon. - Subjects kneels on the ground with hands raised over his head.
▪ Requisites: - This is also discouraged for the same reason as the standing search.
o Reasonable suspicion – may be referred to as a justifiable suspicion that the 4. Prone Search
person is armed or dangerous. - Subject lies on his stomach with arms and legs outstretched.
o The search must be preceded by a personal observation by the police of at least - Subject has both arms and legs free and is at all times in an “on-balance” position.
(2) or more suspicious circumstances. - Front part of clothing cannot be searched
o The search must be limited only to the outer clothing of the person (“pat down” - This can be extremely dangerous if the subject has knowledge of judo.
search).
4. Search of a moving vehicle – in searching a moving vehicle, law enforcement officers are limited *Limitations of and Motion to Quash a Search Warrant
only to visual search. This means that neither:
o The vehicle should be completely searched; nor Section 2, Article III, 1987 Philippine Constitution
o The person should be bodily searched. The right of the people to be secure in their persons, houses, papers, and effects against
▪ Extensive search is legally allowed only if there is probable cause to believe that the unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no
driver is a law violator, his vehicle contains some evidence of a crime or is a suspected search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by
to commit a crime.
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FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
the judge after examination under oath or affirmation of the complainant and the witnesses he may o Sun Tzu – a Chinese Philosopher who wrote a Book entitled “The Art of War”, a book that was
produce, and particularly describing the place to be searched and the persons or things to be seized. a favorite reading of Mao Tse Tung. Sun Tzu contributed his principle of intelligence;

Fruit of the Poisonous Tree Doctrine – established the guideline that evidence obtained as a result of “If you know thy Enemy and know thy self,
some illegalities is inadmissible in court as the evidence is incompetent, meaning they are excluded by the you need not fear the results of a hundred Battles,
law.
if you know yourself and not the enemy,
Exclusionary Rules – speaks that evidence illegally obtained, or fruit of the poisonous tree, is excluded for every victory, you will suffer defeat,
as evidence as they violate the right to privacy.
if you know neither yourself nor the enemy,
Motion to Quash – refers to the request of a party to declare the previous order as void, null or invalid. you are a fool who will meet defeat in every
Battle”.
Motion to Quash Search Warrant – refers to the application made by one party to nullify a search He is considered as the Father of Intelligence.
warrant previously issued.
o Alexander the Great – called the Marching of Asia, devised the first letter sorting and opening
▪ Effect: if the motion is granted, the search warrant issued becomes void. Meaning, whatever to obtain information, because there are rumors of dissatisfaction growing among his allies.
evidence obtained from the previous search and seizure operation can no longer be admitted as o Gen. Romano Q. Sertorious – the Roman Commander in Spain who possessed a white Fawn,
evidence in court. that come widely to reveal and use secret and guidance from Fawn.
o Akbar – the Master of Hindustan. Who employed more than 4,000 agents to know the truth if
*Liabilities Related to Search and Seizure his throne might rest upon it.
1. Perjury – committed by any person who shall make any untruthful statement and testify under o Genghis Khan – the Leader of Mongol Conqueror and the one who used prisoners as a source
of information.
oath, or make an affidavit upon any material before a competent person authorized to administer
o Sir Francis Walsingham – organized the first National Intelligence Service and protected Queen
an oath. Elizabeth from countless assassin.
2. Contempt of Court – this shall be charged upon any police officer who fails to deliver the property o Arman Jean du Plessis – took the name Richelieu, which means the network of covert
and inventory to the court who issue the warrant as provided under Section 6, Rule 126, Revised intelligence and used accurate information.
Rules of Court specifically to police officer to whom the warrant was issued or he fails to provide o Louis XIV – he employed the used of surveillance, postal censorship, and military intelligence
a valid explanation when requested to do so. The same is true to the custodian who fails to record organization.
to the logbooks the date of return, the result of the execution of warrant and other action of the o Napoleon Bonaparte – introduced the principle “One spy in the right place is worth 20,000 men
judge taken. in the field” also maintain Military Intelligence and secret political police service.
3. Violation of Domicile – is a crime defined under Article 128 of the RPC, committed by public o Karl Schulmeister – called the Napoleon’s eye, because he is the Napoleon’s military secret
officer or employee who is not authorized by juridical order, shall enter a dwelling against the agent. Through espionage he infiltrated the Australian General Staff.
will of the owner and effect a search without the consent of the same. o Joseph Fouche – Bonaparte’s Head of Internal Security. Founded the modern system of spying
4. Petition for Certiorari – if the judge acted with grave abuse of discretion and issued a warrant on spies which later known as Counter Espionage.
o Frederick the Great – known as the Father of Organized Military Espionage. His method was
without the existence of probable cause
to divide his agent into four (4) classes:
5.
o Common Spies – this refers to a recruited person to earn money.
G. INTELLIGENCE o Double Spies – the law informers and unreliable renegades of value, means spreading
false information to the enemy.
*IMPORTANT EVENTS AND PERSONALITIES o Spies of Consequences – invariable requiring a substantial bribes or bait and person
who are forced to undertake espionage against his will.
o The Bible – this is the earliest source of intelligence. Found in Numbers 13:17, when Moses sent o Hannibal – considered one of the brilliant militaries who used intelligence in history. Developed
a spy to spy out the land of Canaan. an effective intelligence system for 15 years, often disguise as a beggar to gather information.
o Moses – he is the first person who used and formalized intelligence. o Alfred Redl – one of the most brilliant intelligence agents and the Chief of the Australian
o Rahab – the harlot of Jerico, who sheltered and concealed the agent of Israel. Hungarian Secret Service and later on they discovered that he is Agent of Russia. In 1913, his
o Delilah – she used her beauty in order to gain confidence of the enemy and gather information. treason was discovered and force to commit suicide and lead to the death of 500,00 agents and
soldiers combine in his 13 years espionage episode.
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FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
o The Brahma Kautilya – introduced his Intelligence principle “The ruler should strike at his o Informant – any person who possess knowledge regarding crime, criminal syndicate,
enemy’s weak points by means of spies”. or ongoing criminal activity and provides information with the police with or without
o Federal Bureau of Investigation (FBI) – established in 1908, as investigative arm of the US consideration.
Department of Justice. John Edgar Hoover became the first FBI Director. o Informer – refers most specifically to those persons who are or hired and paid in a
o Central Intelligence Agency (CIA) – the agency created under the US National Security Act of regular basis just to provide information.
1947. The first Director was Admiral Roscoe Hillenkoetter.
• Common Types of Informants:
o Komitet Gosudarstvennoy Bezopasnosti (KGB) – The Intelligence Agency of Russia.
1. Anonymous – unidentified or unknown informants and usually provide information to the
o The Mossad – the Intelligence Agency in Israel. Reuven Shiloah was the first Director of
Mossad. police through telephone or cellphone.
o Two Branches of Mossad 2. Double-crosser – provide information in order to gain information from the police. Worst,
▪ Aman – Military Intelligence for defense force. they acquire more information than what they give.
▪ Shabak – this is for General Security Service for Internal Security, from the 3. False informant – provide false information or information without bases.
word “Shin Bet” means defender who shall not be seen. 4. Frightened Informant – provide information due to panic or anxiety.
o KCI – which means Korean Central Intelligence Agency. 5. Legitimate – these are those informants who provide information voluntarily to the police.
o The Scotland Yard – this refers to the London Metropolitan Police Force which waws 6. Mercenary – provide information in exchange for a reward, whether for money or any other
established by Sir Robert Peel in 1829. consideration.
7. Self-aggrandizing – provides exaggerated information to the police in order to gain
advantage or attention.
INFORMATION 8. Women – the most dangerous and difficult type of informants against male subjects.
• Common Motives of the Informant in providing information:
- Simply the “raw data” 1. Civic-mindedness – as a sense of duty and obligation to assist the police.
- Consists of facts, statistics, observations, trends, opinions, diagrams, maps, and other data used 2. Fear – due to oppression by enemies or other impending danger.
in the production of intelligence. 3. Gratitude or gain – to obtain a privilege toward welfare of his family.
4. Jealousy – pushed to provide information to the police due to his resentment to the
• SOURCES OF INFORMATION accomplishments or possessions of another.
1. People as Source of Information 5. Remuneration – informs the police for some pecuniary or other material gain he is to
a. Regular Source – these are information gathered through people who have come receive.
directly to the attention of the police commonly the complainant, witness or victim. 6. Repentance – provides information as a sign of regret for what he has previously done.
b. Cultivated Source – these are information generally taken through the use of informant 7. Revenge – vengeance or retaliation is the sole purpose of the person in providing information
and informer. to the police.
c. Grapevine Source – these sources of information are gathered from those who are in 8. Vanity – wants to gain favorable attention and importance from police.
the underworld criminals or ex-convicts. • Legal limitations in obtaining information
2. Record as Source of Information 1. Republic Act 4200 (Anti-wiretapping) – under this law, the following acts are prohibited:
a. Government Source – these are sources taken from government agencies or any of its a. Tapping any wire or cable;
instrumentality. b. Using any other device or arraignment;
b. Private Source – these sources of information are usually taken from different private c. To secretly overhear, intercept, or record;
entities and business organizations, public utilities such as water or electric bills, and all d. Private communication/conversation or spoken word; or
other private sectors. e. Without the knowledge or consent of all the parties.
c. Internet Source – this modern source of information is done through searching specific 2. Republic Act 10173 (Data Privacy Act) – under this law, the following acts are prohibited:
detail by typing the desired key or phrase in the different search engine. a. Unauthorized processing of personal information;
b. Accessing personal information due to negligence;
• TYPES AND MOTIVES OF INFORMANT c. Improper disposal of personal information;
d. Processing of personal information for unauthorized purposes;
e. Unauthorized access or intentional breach;
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FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
f. Malicious disclosure; and - Kind of intelligence required by the commander to provide for planning and conduct
g. Unauthorized disclosure. tactical and administrative operation in Counter Insurgency.
▪ Intelligence information to be determined in line intelligence:
Personal Information – under RA 10173 is define as any information whether recorded in a P – People – refers to the living condition, sources of income, education,
material form or not, from which the identity of an individual is apparent or can be reasonably government projects and the extent of enemy influence to the people.
and directly ascertained by the entity holding the information, or when put together with other W – Weather – visibility/cloudy, temperature, precipitation or the climate.
information would directly and certainly identify an individual. E – Enemy – refers to location, strength, disposition, tactical capability, and
INTELLIGENCE vulnerability of the enemy.
T – Terrain – surface of the land and of the target area.
- Refers to collated, analyzed, and evaluated information appropriately acquired for a particular 5 Military Aspect of Terrain
purpose. 1. Cover and concealment
- Backbone of the police operation. 2. Obstacle
3. Critical key terrain features
▪ Overt Investigation – simply means as operation conducted openly. 4. Observation
▪ Covert Investigation – an operation conducted in clandestine manner. 5. Avenue of approach
• Scope of Intelligence
1. National Intelligence – network of information concerning national policy and national COUNTERINTELLIGENCE
security. - A type of intelligence employed to protect the interest and safeguard lives, property and important
2. Police Intelligence – information concerning criminal investigation, criminal syndicate, information, property and important information against possible entry or infiltration of enemy
organized crimes, and other police problems. forces from being lost, destroyed or stolen.
3. Military Intelligence – information regarding military activities which is at the same time Protection of Information Against the Following:
essential to the different military operations. 1. Espionage – stealing of vital information either physical or in electronic form.
4. Departmental Intelligence – information needed by all the department agencies in the 2. Subversion – recruitment of person who is working within an organization or employment
execution of government plans and programs. of any person to an organization who will work secretly in an attempt to undermine or
overthrow its current system;
• Police Intelligence
3. Sabotage – stealing of properties or destruction of any material in order to hamper or cause
1. Criminal Intelligence (CRIMINT) – knowledge essential to the prevention of crimes and
delay in the preparation or regular working duties.
the investigation, arrest, and prosecution of criminal offender.
2. Internal Security Intelligence (INSINT) – knowledge essential in the maintenance of *CI is also known as negative intelligence. That refers to the three generic terms:
peace and order.
3. Public Safety Intelligence (PUSINT) – knowledge essential in ensuring the protection of 1. Security Intelligence
lives and properties. - The sum total of efforts to counsel the national policies, diplomatic decisions, military
data and any other information affecting the security of the nation.
• KINDS OF INTELLIGENCE 2. Counter Espionage
1. Strategic Intelligence - To investigate actual or theoretical violation of espionage laws to enforce those laws
- long range in nature and requires a longer period of time before being materialized and and to apprehend any violators.
fully available. - Refers to a job to catch spies.
- An intelligence data that are not of an immediate value. Three Aims of Counter Espionage
▪ i.e., knowledge pertaining to the capabilities and vulnerabilities of foreign 1. To locate the enemy
nations, which is required by national planners (High ranking and Civilian 2. To identify the enemy
leaders) for a formation of a national defense. 3. To neutralize the enemy
2. Line Intelligence
- Immediate in nature 3. Combat Intelligence
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FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
- Intelligence required by a commander to provide a basis for planning and conduct of - Primary intelligence gathering and analysis arm of the Philippine Government
tactical operations. - In charge of carrying out overt, covert, and clandestine intelligence programs.
- MOTTO: Ang Karunungan ay Kaligtasan (translated: “Knowledge is Security”) to
Two (2) General Types of C.I. counter the threat of terrorism.
1. Passive Measures – those measures which seeks to conceals information from the enemy. 2. NBI (National Bureau of Investigation)
2. Active Measures – those measures which seeks actively blocks the enemy’s effort to gain information - An agency of the Philippine government under the Department of Justice, responsible
or engage in espionage, subversion, and sabotage. for handling and solving major high-profile cases that are in the interest of the nation.
3. Intelligence Services, Armed Forces of the Philippines
Five Categories of CI Operations
THE OPERATIONAL CYCLE
1. Military Security – measures taken by the commander necessary to protect itself against espionage,
enemy operation, sabotage, subversion or surprise. - Chronological development of intelligence activities from basic requirements to final
2. Port Frontier and Travel Security – to control all point of entry and departure in international product and its report/result.
borders or boundaries. Principles of Intelligence Activities:
3. Civil Security – protection of people within the residing area under military or police control.
4. Censorship – aids in controlling the movement of the different person particularly those who are 1. Intelligence activities must be done by dedicated personnel.
expected to destroy any government institutions or projects. 2. When task cannot be obtained by other means.
5. Special Operation – counter subversion, sabotage and espionage. 3. Risk must be justified by expected results.
4. Collection effort cannot be undertaken without operational information.
Additional Concept of Counterintelligence
Basic Elements of Operational Cycle:
1. Detection – knowing the clandestine operation of the enemy.
2. Prevention – avoiding enemy attacks or infiltration. 1. Target or Mission – subject of operation
3. Neutralization – suppression of enemy activities. 2. Agent/s – the man on action who will use or gather information
3. Support Facilities and Function – gadgets or equipment used to accomplish its mission.
Intelligence Service – an agency that chiefly gathers and evaluate information for a country’s political
and military leaders. Purpose is to shape military policy, fight wars, and conduct economic and other Steps in Operational Cycle:
foreign relations.
1. Mission – classified targets and its operational condition.
Two Kinds of Intelligence Service: 2. Operational Planning – formulation of course of action in order to give specific task to each
operating personnel.
1. Foreign Intelligence Service – gather information about foreign countries and its institutions, 3. Spotting – process of locating, identifying and gathering data on person who appear to be of potential
analyzes such information or both. It can be conducted through covert operation. value or called the target.
2. Internal Security Service – seek to neutralize hostile intelligence services operating within the 4. Investigating – gathering of pertinent facts as to the status of the target. This will be done discreetly.
country and focus also on the detection of terrorist/criminal groups. 5. Recruiting – selection among the expertise of the team in relation to the target.
- rely on open sources such as books, magazines, newspapers and T.V. 6. Training – a must in order to enhance and provide both general and special knowledge and skills
which the agent must possess.
7. Briefing – providing the agent with the most recent developments that may affect operation, a general
OPERATIONAL INTELLIGENCE review of operation and detailed instruction.
8. Operational Testing – dry run operation, operation learned which put on practice for effective actual
- focused on support to an expeditionary force commander and will be attached to the
operation.
formation headquarters.
9. Operation or Engagement – actual operation against the enemy.
*MAJOR INTELLIGENCE SERVICES IN THE PHILIPPINES: 10. Debriefing – information concerned on the past operation, it tells the strength and weaknesses of the
conducted operation.
1. NICA (National Intelligence Coordinating Agency)
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FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
PHASES OF INTELLIGENCE CYCLE b. Provocative Approach
i. Teaser bait Approach – the elicitor accumulates the source of knowledge
Intelligence Cycle about a particular subject to tempt the subject to give information
- Process of obtaining information which includes proper procedure and sequence of steps ii. Manhattan from Missouri Approach – the elicitor adopts an unbelievable
starting from the planning, collection, collation, and the dissemination of information to attitude; he questioned all statements and opposition.
appropriate persons. iii. Joe blow Approach – the elicitor adopts the attitude of being approachable
- It is important as it provides the necessary details in attaining the mission. iv. National Pride Approach – the elicitor become patriotic in all aspect of
elicitation.
I. PLANNING PHASE 2. Probe
- The process of determining the extent and scope of the needed preparation which a. Competition Probe – effective when used in connection with the teacher pupil
includes the supervision of the collection of information and other requirements based approach.
on the standard priorities. b. Clarity Probe – used to elicit additional information in an area which the response is
unclear.
The following factors should be considered: c. High pressure Probe – serves to point out contradiction in what the subject had said.
d. Hypothetical Probe – present a hypothetical situation and let the subject react to that
1. Sources of information;
situation.
2. Operations of the command;
3. Characteristics of the enemy; and Purpose of Elicitation:
4. Methods in gathering information.
1. To acquire information through other channel;
EEI – Essential Elements of Information 2. To obtain information that is unpublicly known;
3. To provide source of information; and
- Information pertaining to the target area which the commander feels he need before he
4. To assist various individuals
can arrive with an accurate decision.

II. COLLECTION PHASE

- Information gathering done in compliance with established procedure to avoid detection
and penetrate successfully.

Elicitation – the process of extracting information from a person believed to be in possession of vital
information without subjects’ knowledge. III. COLLATION PROCESS
- The process involved in evaluating the accuracy and reliability of the information
Two Devices in the Conduct of Elicitation collected.
1. Approach – refers to the process of setting people to start talking. PRIORITY INTELLIGENCE REQUIREMENTS (PIRs) – refers to the highest intelligence
Types of Approach: requirements and are the bases for intelligence operation. These are personally approved by the police
a. Flattery – people are susceptible to praise so use this weakness as a way of approaching executive.
the subject for elicitation.
i. Teacher-pupil Approach – a technique by showing concern to the subject in Steps in Processing Raw Information
order to gain information.
ii. Good Samaritan Approach – the sincere and valid offer of help including 1. Collation – organize raw data/information into usable from or grouping them into similar items.
assistance to the subject. 2. Recording – this refers to the reduction of information into writing.
iii. Partial Disagreement Approach – the technique wherein the agent and 3. Evaluation – refers to the examination of information to determine intelligence value. This
subject had something partial disagreement. determines the following:
a. Pertinence
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FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
b. Reliability - Meaning, information or those that had already intelligence value should only be passed,
c. Credibility handed, and disseminated among persons who have the personality to know or acquire
the same.
Evaluation Guide – refers to the acronym CUFNUR-CPPDIT
Methods of Dissemination:
EVALUATION OF RELIABILITY OF ITEMS
1. Fragmentary orders from top to bottom of the command
*Evaluation of Accuracy of Information 2. Memorandum, circulars, special orders
3. Operations, oral or written
A – Completely Reliable A-1 1 – Confirmed by other sources
4. Conference
B – Usually Reliable B-2 2 – Probably True 5. Other report and intelligence documents
C – Fairly Reliable C-3 3 – Possibly True 6. Personal contact
D – Not Usually Reliable D-4 4 – Doubtfully True Who are the Users of Intelligence?
E – Unreliable E-5 5 – Improbable 1. National leaders;
F – Reliability Cannot be Judged F-6 6 – Truth Cannot be Judge 2. Military commanders;
3. Advisors and staff;
4. Friendly nations
*Evaluation of Accuracy of Items 5. Head/Chairman of an organization; and
6. Any person with authority or right over the intelligence.
T – Direct observation by Commander
U – Report by DPA or Resident Agent
V – Report by PNP/AFP UNDERCOVER OPERATIONS
W – Interrogation of captured enemy - A form of investigative technique whereby an undercover agent usually investigators
X – Observation of Government/Private employee assume another identity in order to infiltrate the ranks of criminal syndicate.
Y – Members of the populace - Done in order to acquire necessary inputs from particular person or place that might
possess valuable information.
Z – Documentary
*Take note that undercover agent should have their best cover and cover story.
Interpretation – establishing the meaning and significance of the information. ▪ Cover – the means as to how investigators will hide his original identity.
▪ Cover Story – biographical portrayal of the investigator as to what role he will depict toward
4. Analysis – shifting and isolating those elements which have significance in light of mission or
criminal syndicate while collecting vital information.
objectives.
▪ Cover Support – person who provides support to the investigator.
5. Integration – combining the elements isolated in the analysis and known information to form a
▪ Artificial Cover – done if the undercover agent is modifying his identity based on the current
logical picture or theory.
operation or as the case may require.
6. Deduction – formulation of a conclusion from the theory developed, determination of effect and
▪ Multiple Cover – involves the use of different cover that will fit to a given situation.
meaning of the information.
As to Assignment:
IV. DISSEMINATION PHASE
- Actions taken to transfer processed information to appropriate persons. 1. Residential Assignment – involves the employment of undercover agents in an area where the
subject lives.
“NEED TO KNOW PRINCIPLE” 2. Social Assignment – the employment of undercover agents in the hangout places or areas where
the subject frequents for fun and entertainment.
- Extra care should be considered in disseminating information.
3. Work Assignment – employment of undercover agents in areas where the subject works.
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FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
Undercover Operation Elements: 1. Stationary Surveillance – otherwise known as fixed, plant or stakeout surveillance and is
commonly done in one standard location. This is best useful when:
1. Head – directs the organization conducting the undercover operation. a. A stolen property is expected to be dropped; or
2. Target – any person, place or things against which the undercover operation is to be conducted. b. A crime is expected to happen
3. Agent – a person who conducts the clandestine activity 2. Moving Surveillance – employed when the subject moves from one place to another. The person
is commonly tailing or shadowing the subject.
▪ Safe house – a safe place where the investigator or his informant will meet for briefing or
debriefing purpose. *Tailing or Shadowing – the act of following a person’s movement either through foot or with the
▪ Courier – the person who carries information to another person use of an automobile.
▪ Drop – a secure place where agents or informants give their message to the other agents.
o Kinds of Drop This could be done in the following manner:
1. Dead Drop – the agent merely leaves the message. a. Rough Tail or Open Tail – otherwise known as rough shadowing, and is commonly
2. Live Drop – the courier hand over the message directly to the agent. employed if the subject knows about the presence of the surveillant. It can be used in the
*Reminders while conducting Undercover Operations: following scenario:
▪ When the subject is a material witness of a crime; or
1. Act naturally as possible. ▪ A fugitive who knows that he is under constant surveillance.
2. Do not overplay your part. *Take note that rough tail also suffers some liabilities and charges like police
3. Do not indulge in any activity, which is not in conformity with the assumed identity harassment or invasion of privacy.
4. Do not make notes unless they are to be mailed or passed immediately. Use code or cipher if b. Close Tail or Tight Tail – this tailing is employed when it is extremely important not to lose
possible. the subject and a constant surveillance is needed. It is very useful when:
5. Do not use liquor or any intoxicants except if necessary and limit the amount to avoid being ▪ The subject will commit a crime;
drunk. ▪ There is a need to know the subject’s exact habit; and
6. Limit your association with women. ▪ Subject’s activities are necessary to another critical operation.
*This tailing is employed even if the subject recognizes the surveillant which means the
SURVEILLANCE subject must be within the distance and sight.
- The clandestine or secret observation of persons, places or objects to acquire valuable c. Loose Tail – refers to the tailing commonly employed if the surveillant wants to remain
information. undetected. It is best used when:
▪ Subject – who or what is being observed which can be any person, place, property, vehicle, group ▪ Surveillant needs the general information about the subject; and
of people, organization or object as the target in conducting surveillance. ▪ Surveillant needs to know the subject’s activities or associates.
▪ Surveillant – agent/person conducting surveillance or making an observation. *If the subject is lost during the surveillance, relocate the subject and continue the
▪ Surveillance Plan – refers to the outline or blueprint as to how surveillance should be conducted. surveillance.
▪ Contact – any person whom the subjects pick or deals with while he is under observation. 3. Aerial Surveillance – done using helicopters or other aerial devices. Commonly employed in
▪ Convoy – an associate of the subject who follows him to detect surveillance areas that is not accessible to foot or surveillance vehicle.
▪ Decoy – a person or object used by the subject in attempt to escape the eyes of surveillant. 4. Video Surveillance – the use of video equipment and other devices used to record visual activity
▪ Burn Out or Made – happens when the subject under surveillance becomes aware that he is of the subject.
under observation and identifies the observer. 5. Audio or Electronic Surveillance – employment of bugging or wiretapping devices. These two
▪ Lost – when the surveillant does not know the whereabouts of his subject or the subject had differ such that:
eluded the surveillance a. Bugging – is the eavesdropping of any communication or conversation with the aid of
▪ Log – the chronological record of activities that the subject had or took place in the target area. bug devices. Bug is a from of electronic device place in an establishment to record,
▪ Target Area – refers to the area of operation of surveillance activities receive or transmit conversation.
b. Wiretapping – the interception of communication lines such as telephone or cellphone
Types of Surveillance lines in order to listen or record conversation.

METHODS OF SURVEILLANCE
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FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
1. One Man Shadow – conducted by one man alone. Surveillant should establish the contacts of - Because it depends primarily with the undercover agent as to how he will convert plain
the subject, place visited, girlfriends and confidants. text into cryptogram or unintelligible.
2. Two-man Shadow – this is easier for the surveillants to fully cover the subject. It allows the
exchange of the positions of the shadowers in order to avoid discovery. Why cryptography is considered as a Science?
3. Three-man Shadow or ABC Technique of Shadowing – the three shadowers are represented - It is a science since it involves systematic process or procedure in converting plain text
as A, B, and C. into cryptogram or unintelligible.
CASING
- Process of inspecting places to determine its suitability for operational use. ▪ Plain Text – readable and understandable message that will be converted into cryptogram.
- In military, it is known as RECONNAISSANCE. ▪ Cryptogram – or unintelligible; simply means unreadable.
- Surveillance of places or building. CODES – a system of words, numbers or symbols that are used to represent a word.
This could be done either: Code Book – defined as the compilation of words, numbers, symbols, or a combination of either word,
1. Internal – the inspection of the different parts of the building or any structure which includes but number, or symbol with their corresponding meaning.
not limited to the different rooms within the building.
Examples Code Book Meaning
2. External – the inspection and observation of the immediate areas surrounding the building or
any structure which includes location, direction, possible exits, and others. Words TAT Attack
Number 156 Retreat
Information desired in Casing:
Symbol Defend
1. Area Condition and Habit – description of the locality as whether the place is a residential, Words & Numbers 14AB Base
commercial, highly urbanized or rural. It includes also living condition, population and weather Using the code system, use above example such that:
condition.
2. Active Opposition – the task is to prevent intelligence activity that includes not only the enemy ORIGINAL MESSAGE (PLAIN TEXT) CODED MESSAGE
but also the effort of neutral or allied countries to discover and observe our intelligence activities.
3. Disposal Plan – refers to the disposal of information to attain goals and objectives. Attack the base TAT the 14AB
4. Escape and Evasion – refers to the exit planning in case of compromise or emergencies. Retreat and Defend 156 &
Arrest of Undercover Agent ▪ Encode – converting plain text into unintelligible.
▪ Decode – converting coded message into plain text.
- if an investigator is arrested by police, he must act in accordance with orders. If he has ▪ Coded message
not received orders regarding the disclosure of his identity in case of arrest by other law - Refers to the product or output of the code system.
enforcement officers, he must act according to his judgment. In such a case, if retaining - The cryptogram in the code system.
his assumed character does not serve a useful purpose, the investigator should refuse to - The unreadable message ready for transmittal to the appropriate person or organization.
make a statement except to a member of his own organization.
CIPHER
CRYPTOGRAPHY - The system which involves the substitution or transposition of individual letters to make it
unreadable.
- an art and science that deals with codes and ciphers.
- Can be either transposition cipher or substitution cipher.
- This is used in order to protect vital information from being intercepted by the enemy or
if intercepted, will disable them to read or understand the information contained in the Transposition Cipher
communication. - Shuffling of individual letter or switching the original position of individual letter.
- All letters in the original text are present, they are just merely disarranged.
Why cryptography is considered as an Art?
ORIGINAL TEXT CIPHERED TEXT
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FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
Need Eden
From Form
Help Leph
Base Sabe
Using the transposition cipher system, use the above example such that:
ORIGINAL MESSSAGE (PLAIN TEXT) CIPHERED MESSAGE
Need help from the base Eden leph form sabe.

Substitution Cipher
- The process of substituting individual letters or numbers with another letter or number.
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
C D E F G H I J K L M N O P Q R S T U V W X Y Z A B
The first row provides for the original arrangement of letters in the alphabet while the second row provides
the purpose letter to be used as substitute. Using the transposition cipher system, use the above example
such that:
ORIGINAL MESSAGE (PLAIN TEXT) CIPHERED MESSAGE
1. Need help from the base Pggf jgnr htqo dcug
2. Attack the base Cwcm vjg dcug
3. Retreat and defend Tgvtgcv cpf fghgpf

Encipher – converting plain text into unintelligible

Decipher – converting a ciphered message into plain text.

Ciphered Message
- The plain text or output of the cipher system.
- The cryptogram in the cipher system.