SPECIALIZED CRIME INVESTIGATION 2

WITH INTERROGATION AND INTERVIEW

Presented by: Prof. Sean Supat, RCrim, CSE
Top 2, June 2022 CLE
 CRIME AGAINST PROPERTY
Crimes that are directed to a person’s belongings,
intellectual properties and money.

Any action whether by theft or destruction of someone

else’s property, and without permission from the rightful
owner, to intentionally or permanently deprive an
individual or commercial entity from their physical or
virtual property.
 FELONIES: RPC BOOK 2
Title One. Crimes against National Security and the Law of Nations
Title Two. Crimes against the Fundamental Laws of the State
Title Three. Crimes against Public Order
Title Four. Crimes against Public Interest
Title Five. Crimes relative to Opium and other Prohibited Drugs
Title Six. Crimes against Public Morals
Title Seven. Crimes Committed by Public Officers
Title Eight. Crimes against Persons
Title Nine. Crimes against Personal Liberty and Security
Title Ten. Crimes against Property
Title Eleven. Crimes against Chastity
Title Twelve. Crimes against the Civil Status of Persons
Title Thirteen. Crimes against Honor
Title Fourteen. Quasi-Offences
Title Fifteen. Final Provisions
 ARTICLE 293 ROBBERY
WHO ARE GUILTY OF ROBBERY?

Any person who, with intent to gain, shall take any

personal property belonging to another, by means of
violence against, or intimidation of any person, or by using
force upon anything, shall be guilty of robbery.
 TWO TYPES OF ROBBERY

1. Force upon things; and

2. Intimidation against or violence upon persons
NOTES:
Belonging to another – person from whom property was taken
need not be the owner, legal possession is sufficient.

* The property must be personal property and cannot refer to real

property.
Taking of personal property – must be unlawful; if given in
trust – estafa

As to robbery with violence or intimidation – from the

moment the offender gains possession of the thing even if
offender has had no opportunity to dispose of the same, the
unlawful taking is complete

As to robbery with force upon things – thing must be

taken out of the building.

* When there’s no intent to gain but there is violence in the

taking – grave coercion
* Violence or intimidation must be against the person of the
offended party, not upon the thing.

General rule: violence or intimidation must be present

before the “taking” is complete.
Use of force upon things – entrance to the building by
means described in arts 299 and 302 (offender must enter).

* When both violence or intimidation and force upon things

concur – it is robbery with violence.
Robbery and Theft, compared.
1.Both robbery and theft involve unlawful taking or
asportation as an element;

2. Both involve personal property belonging to another;

3. In both crimes, the taking is done with intent to gain;

4.In robbery, the taking is done either with the use of

violence or intimidation of person or the employment of force
upon things; whereas in theft, the taking is done simply
without the knowledge and consent of the owner.
 FORCE UPON THINGS
(a) The malefactors shall enter the house or building in which
the robbery was
committed, by any of the following means:
1. Through a opening not intended for entrance or egress.
2. By breaking any wall, roof, or floor or breaking any door or
window.
3. By using false keys, picklocks or similar tools.
4. By using any fictitious name or pretending the exercise of
public authority.
• Entrance is necessary – mere insertion of hand is not enough (whole
body); not to get out but to enter – therefore, evidence to such effect is
necessary

* Modes of entering that would give rise to the crime of robbery with
force upon things if something is taken inside the premises: entering
into an opening not intended for entrance or egress, under Article 299
(a).
Illustration:
On a sari-sari store, a vehicle bumped the wall. The wall collapsed.
There was a small opening there. At night, a man entered through that
opening without breaking the same. The crime will already be robbery if
he takes property from within because that is not an opening intended
for the purpose.

* Not robbery – passing through open door but getting out of a window

* If accused entered the house through a door, and it was while

escaping that he broke any wall, floor or window after taking personal
property inside the house – there is no Robbery committed, only Theft.
FALSE KEYS – genuine keys stolen from the owner or any keys other
than those intended by the owner for use in the lock

* False key – used in opening house and not furniture inside,

otherwise, theft (for latter to be robbery., must be broken and not just
opened).

* Use of picklocks or false keys refers to the entering into the premises
E.g. pretending to be police to be able to enter (not pretending after
entrance)

* When the robbery is committed in a house which is inhabited, or in a

public building or in a place devoted to religious worship, the use of
fictitious name or pretension to possess authority in order to gain
entrance will characterize the taking inside as robbery with force upon
things.
(b) The robbery be committed under any of the following
circumstances:
1. By the breaking of doors, wardrobes, chests, or any other
kind of locked or sealed furniture or receptacle;
2. By taking such furniture or objects to be broken or forced
open outside the place of the robbery.
 NOTES:
ROBBERY WITH HOMICIDE –
If original design is robbery and homicide is committed –
robbery with homicide even though homicide precedes the
robbery by an appreciable time.

If original design is not robbery but robbery was committed

after homicide as an afterthought – 2 separate offenses. e.

Still robbery with homicide – if the person killed was an

innocent bystander and not the person robbed and if death
supervened by mere accident.
* If death results or even accompanies a robbery, the crime
will be robbery with homicide provided that the robbery is
consummated.

* As long as the criminal objective or plan is to rob, whether

the killing committed by reason or on occasion thereof is
intentional or accidental, the crime is Robbery with Homicide.
( Pp vs. Pecato, 151 scra 14 ) As long as there was killing
when Robbery was taking place, Robbery with Homicide was
committed, the killing occurring on the occasion thereof.
ROBBERY WITH RAPE

* intent to commit robbery must precede rape.

When rape and homicide co-exist, rape should be considered as

aggravating only and the crime is still robbery with homicide...

* The intention must be to commit robbery and even if the rape is

committed before the robbery, robbery with rape is committed. But
if the accused tried to rape the offended party and because of
resistance, he failed to consummate the act, and then he snatched
the vanity case from her hands when she ran away, two crimes are
committed: attempted rape and theft.
ROBBERY WITH PHYSICAL INJURIES

To be considered as such, the physical injuries must always be

serious. If the physical injuries are only less serious or slight,
they are absorbed in the robbery. The crime becomes merely
robbery.

But if the less serious physical injuries were committed after the
robbery was already consummated, there would be a separate
charge for the less serious physical injuries. It will only be
absorbed in the robbery if it was inflicted in the course of the
execution of the robbery. The same is true in the case of slight
physical injuries.
ROBBERY WITH ARSON

Another innovation of Republic Act No. 7659 is the composite

crime of robbery with arson if arson is committed by reason of or
on occasion of the robbery. The composite crime would only be
committed if the primordial intent of the offender is to commit
robbery and there is no killing, rape, or intentional mutilation
committed by the offender during the robbery. Otherwise, the
crime would be robbery with homicide, or robbery with rape, or
robbery with intentional mutilation, in that order, and the arson
would only be an aggravating circumstance. It is essential that
robbery precedes the arson.
 STYLE AND TACTICS IN ROBBERY CASES
The identification in an armed robbery case often
relates to the tactics and style of the robbery. Robbery has
been categorized as having three styles:

The ambush – is the least planned of all and is based

on the element of surprise
The selective raid – involves a minimum of planning
but some casing of the robbery scene
The planned operation – is carefully structured and
the robbery group examines all aspects of the situation,
plans for all foreseeable contingencies.
 TYPES OF ROBBERS

1.Amateurs – motivated by greed, want, the desire for a

thrill, or need for self-testing.

2.Professionals – are described as those persons who

worked at robbery as a trade making it their living and
having no other means of income.
 TECHNIQUE COMMONLY EMPLOYED BY ROBBERS – MEANS OF
ENTRY

The means of entry differs in various burglaries and are related to the
skill of a robber. The various known means of entry are:

1. The open door or window entry – the robber/s roams residence areas,
apartments, and hotels looking for open doors or windows.
2. The jimmy entry – the robber/s forces a door or window with an iron tool
such as a tire iron, screwdriver, or small crowbar or box opener.
3. The celluloid entry – the burglar forces open a door spring lock with a small
piece of celluloid.
4. The stopover or human fly entry – the burglar is an aerialist, the stopover
robber steps from a fire escape, balcony or other building to a nearby
window. The “human fly” robber can progress upward or downward or the
sides of a building to a selected point of entry.
5. Roof entry – the burglar breaks into a premises through a skylight or
air conditioning duct or the roof or by cutting a hole in the roof of a
building or residential home.
6. The hide –in entry – the burglar hides in a commercial premises until
all employees have left and then breaks out with the stolen property.
7. The cut-in entry – the robber uses tools of various kinds to cut
through the floor, ceiling, or wall of a store or office to another store or
office.
8. Hit and run – the robber breaks a window of a ground floor store and
takes property from a window or nearby portions of the premises, and
flees before police can be alerted to the crime.
9. Key entry – the robber uses a key – the key may be given to him by
an informant (finger-man) it may be stolen or the burglar may obtain a
duplicate or master key by various means.
 THEFT

Theft: committed by any person who, with intent to gain but

without violence against or intimidation of persons nor force
upon things, shall take personal property of another without
the latter’s consent.
ELEMENTS OF THEFT:
1) That the there be taking of personal property
2) That said property belongs to another
3) That the taking be done with intent to gain.
4) That the taking be done without the consent of the owner.
5) That the taking be accomplished without the use of
violence against or intimidation of persons or force upon
things.
 PERSONS LIABLE FOR THEFT:

1. Those who,
(a) with intent to gain,
(b)but without violence against or intimidation of persons nor force upon
things,
(c) take,
(d) personal property,
(e) of another,
(f) without the latter’s consent. (ASPORTATION)
PERS
LIAB
FO
2. Those who,
(a) having found lost property,
(b) fail to deliver the same to the local authorities or to its owner.

3. Those who,
(a) after having maliciously damaged the property of another,
(b) remove or make use of the fruits or object of the damage caused by them.

4. Those who,
(a) enter an enclosed estate or field where
(b) trespass is forbidden or which belongs to another and, without the consent of its
owner,
(c) hunt or fish upon the same or gather fruits, cereals, or other forest or farm
products.
 THEFT
A. Pickpockets, simple snatching and other forms are
included in this classification.
B. Theft inside the house or a building where entry is thru an
open or closed door but unlocked, this is theft.
C. Breaking the glass panes of a show window and
extending an arm to get the valuables inside is theft as the
force upon things is not used as means of entry.
 QUALIFIED THEFT
Theft is qualified if:
1) The theft is committed by a domestic servant
2) The theft is committed with grave abuse of confidence
3) The property stolen is (a) motor vehicle, (b) mail matter, or (c)
large cattle
4) The property stolen consists of coconuts taken from the premises
of a plantation
5) The property stolen is fish taken from a fishpond or fishery
6) The property is taken on the occasion of fire, earthquake,
typhoon, volcanic eruption, or any other calamity, vehicular
accident or civil disturbance.
 USURPATION
Usurpation is the occupation of real property or any legal rights
in property belonging to another by means of violence against
an/or intimidation of persons.

This also includes altering boundaries or landmarks.

Elements
1. Occupation of another’s real property
2. Employment of violence
3. Accused is animated by the intent to gain
 CULPABLE INSOLVENCY

Aka Fraudulent Insolvency

Committed by any person who abscond with his property

to the prejudice of his creditors.

Insolvency refers to situations where a debtor cannot pay

the debts he owes.
 SWINDLING
Aka Estafa
An act of defrauding another person by any of the following means:
1. Unfaithfulness or abuse of confidence thru
Altering the quality, quantity, substance of subject matter in a contract,
misappropriations, taking advantage of a signature in bank.

2. Deceit or fraudulent acts thru

Using of fictitious identity, altering quality of an art, using postdated checks

3. Fraudulent Means thru

Inducing another to sign a document, fraud in a gambling game, destroying
documents or other papers.
 SYNDICATED ESTAFA
Estafa committed by a syndicate consisting of five or more
persons formed with the intention of carrying out the
unlawful or illegal act, transaction, enterprise or scheme.

Elements:
1. At least 5 members
2. The group formed or managed a rural bank, cooperative,
association, etc. that solicits funds from the general public.
3. The purpose is to use the association as means to defraud
others.
 CHATTEL MORTGAGE
Conditional sale of personal property as security for the
payment of a debt, or the performance of some other obligations
specified therein, the condition that being the sale shall be void
upon the seller paying to the purchaser a sum of money.

OFFENSES INVOLVING CHATTEL MORTGAGE

1. Knowingly removing personal property to any place other

than the one which it was located at the time of execution of
mortgage without written consent.
2. Selling or pledging personal property already mortgaged.
 MALICIOUS MISCHIEF
Attempts against another’s property inspired sometimes by hatred
or desire for revenge and sometimes by mere pleasure of
destroying.

Elements:

1. Offender deliberately caused damage to the property of another

2. Such act does not constitute arson or other crimes involving
destruction
3. The act of damaging be committed for the sake of damaging it.
 PD 533 ANTI-CATTLE RUSTLING LAW
Cattle rustling: taking away by means, methods or
schemes, without the consent of the owner/raiser, of any
large cattle whether or not for profit, or whether committed
with or without violence against or intimidation of person or
force upon things. It includes killing of large cattle, taking its
meat or hide without the consent of owner/raiser.
Large cattle:
Include cow, carabao, horse, mule, ass, other domesticated
member of bovine family. A goat is not included because it is
not large (Boado, Comprehensive Reviewer in Criminal Law)
 PD 1612: ANTI-FENCING LAW

FENCING
The act of any person who, with intent to gain for himself
or for another, shall buy, receive, keep, acquire, conceal,
sell, or dispose of, or shall buy and sell or in any other
manner deal in any article, item, object, or anything of value
which he knows, or should be known to him, to have been
derived from the proceeds of the crime of robbery or theft.
NOTE:
Mere possession of any good, article, item, object, or
anything of value which has been the subject of robbery or
thievery shall be prima facie evidence of fencing.

Robbery/theft and fencing are separate and distinct

offenses.
 CARNAPPING
CARNAPPING is the taking, with intent to
gain, of a motor vehicle belonging to
another without the latter's consent, or by
means of violence against or intimidation of
persons, or by using force upon things.
 ELEMENTS OF CARNAPPING
1. That there is an actual taking of the vehicle
2. That the offender intends to gain from the taking of the
vehicle
3. That the vehicle belongs to a person other than the
offender himself
4. That the taking is without the consent of the owner
thereof, or that the taking was committed by means of
violence against or intimidation of persons, or by using
force upon thngs
 That there is an actual taking of the vehicle
That the offender intends to gain from the taking of the vehicle
That the vehicle belongs to a person other than the offender himself
That the taking is without the consent of the owner thereof, or that the taking was committed by means of violence against or intimidation of persons, or by using
force upon thngs

1. JOYRIDING - ranked as the premiere criminal motivation for

carnapping, committed primarily by juvenile offenders while typically in
the company of friends. The juvenile auto-thief steals a car for temporary
enjoyment.

2. THEFT FOR RESALE – criminals have found motor vehicle theft for
resale to be highly profitable and minimal risk

3. TRANSPORTATION FOR OTHER CRIME – motor vehicle has been

stolen for use in the commission of other crime like robbery, kidnapping, etc.
Here the vehicle may either be used as transportation to and from various
locations of crimes or actually used in the crime itself.
 MODUS OPERANDI IN CARNAPPING
1. TAKING THE VEHICLE
2. OBFUSCATION AND CONCEALMENT – to make the
vehicles easier to dispose and resell, not only are the
vehicles tampered with but their documentations are
falsified as well
3. DISPOSAL – the fruits of the crime are easily hidden
under plain sight by way of seemingly legitimate buy and
sell business or automotive repair or second hand spare
parts shops.
 ARSON
ELEMENTS OF ARSON

1. Actual burning took place

2. Done with malicious intent
3. The burning is done by a person who is criminally and
civilly liable.
 WHY IS ARSON VERY HARD TO
INVESTIGATE?

• Arson is one of the most difficult offenses to investigate

because the arsonists were able to set a fire and can
escape undetected.
• The fire can consume the scene and destroy much physical
evidence of the offense.
• Harder forms of evidence are often buried in debris and
grossly altered in appearance
NOTE:
A. The mere discoloration or scorching of a wooden wall by
fire is consummated arson.
B. If the scorching is on the concrete wall where there is
remote possibility of the fire to spread, it is attempted
arson.
C. The act to set fire with the preparation of inflammable
material at the place to be burned is attempted arson.
 PRIMA FACIE EVIDENCE OF ARSON
1. If the fire started simultaneously in more than one part of
the building or establishments;
2. If substantial amounts of flammable substances or
materials are stored within the building not necessary in
the business of the offender or for household use.
3. If after the fire, materials or substances soaked in
inflammable or any mechanical, electrical, chemical or
electronic contrivance designed to start a fire are found.
4. If the building or property is insured substantially more
than its actual value at the time of the fire;
5. If during the lifetime of the corresponding fire insurance
policy, more than two fires had occurred in the same or other
premises owned and under the control of the offender or
insured.
6. If shortly before the fire, a substantial portion of the stocks
insured and stored inside the building were withdrawn not
connected with the ordinary course of business;
7. If a demand for money or other valuable consideration was
made before the fire in exchange for the desistance of the
offender or for the safety of the person or property of the
victim.
 SPECIAL AGGRAVATING CIRCUMSTANCE IN ARSON

1. Committed with intent to gain

2. Committed for the benefits of others
3. Offender is motivated by spite, revenge or hatred towards
the owner or occupant of the house;
4. Committed by syndicate
 HOW TO LOCATE THE ORIGIN OF
FIRE
A. By witnesses – the first who discovered the fire
B. Low Point of Burning- The lowest point of burning should be
given the outmost consideration in locating the fire origin of the
fire.
C. Charring- the char will generally be deepest from where the fire
originated.

Alligatoring – fire burning for a longer period indicated a char

pattern that is deep and pronounce.
INTERVIEW AND INTERROGATION
 INTERVIEW
It is the simple questioning of a person who cooperates
with the investigator. These are witnesses who voluntarily
give their accounts about the commission of the crime.

Is a conversation with a purpose, motivated by a desire

to obtain certain information from the person being
interviewed as to what was done, seen, felt, heard, tasted,
smell or known.
 IMPORTANCE OF INTERVIEW
Interview in crime investigation is very important
considering that the person interviewed usually gives his
account of an incident under investigation or offers
information concerning a person being investigated in his
own manner and words.
BASIC ASSUMPTIONS IN INTERVIEW

Nobody has to talk to law enforcers. No law

compels a person to talk to the police if he does not
want to. Therefore, people will have to be
persuaded, always within legal and ethical limits, to
talk to law enforcers. This makes interviewing an art.
 THE GOLDEN RULE OF INTERVIEW
“Never conduct or let anyone conduct an
interview if the interviewer has not gone to the
crime scene. The questioning will lead wayward for
the interviewer who had not seen personally the
crime scene and he will not be in a position to
distinguish half-truths, exaggerations for falsehood
from the answer of the person being interviewed”.
 QUALITIES OF A GOOD INTERVIEWER
RAPPORT
It is the friendly relation between the interviewer and the
interviewee which is conducive to a fruitful result. It is winning
the confidence of a person being interviewed in order that
he/she will tell all the information in his/her possession.
The interviewer must be in a respectable civilian
attire. The reason for this is that for the majority of people,
the police uniform is a barrier in establishing good rapport. To
many, the uniform is intimidating.
FORCEFUL PERSONALITY
The appearance of the interviewer and other qualities such
as skills of communication techniques, or force of his language are
the mainstays of the strength of his character. He must be
understanding, sympathetic and without showing official
arrogance, vulgarity of expressions, and an air of superiority.
KNOWLEDGE OF HUMAN BEHAVIOR
This will help the interviewer to determine the personality
and intelligence of his/her subject. He or she must go down and up
to the level of understanding of his/her particular subject.
CONVERSATIONAL TONE OF VOICE
The tone of voice must be conversational, not confrontational
as in interrogation.
COMMON INTEREST
The preliminary and probing questions should be aimed to
establish common interest between the interviewer and the
subject.
ACTING QUALITIES
An interviewer must possess the qualities of an actor,
salesman and psychologist. He must know how to use the power
of persuasion.
HUMILITY
He/she must be courteous, sympathetic and humble, ready
to ask apologies for the inconvenience of the interview
 REASONS WHY WITNESSES REFUSE TO TALK
AND TESTIFY
FEAR OF REPRISAL – The fear of reprisal is always entertained
by witnesses who lack the courage to face the suspect, his
associates or relatives. This is natural, especially those who have
no means to protect themselves, or no influential persons for them
to rely on.

GREAT INCONVENIENCE – On the part of those of hands-to-

mouth existence, there is the real inconvenience which will deprive
them the time to earn for their living, especially during the ordeal
of testifying during the trial.
HATRED AGAINST THE POLICE – This hatred maybe due to
previous bad experience with rogue members of the police
organization. The investigator must show difference between
him and the rogue by honest and sincere entertainment of the
complaint against rogue cops.

BIAS OF THE WITNESS – The witness maybe an

acquaintance, friend, helper or benefactor of the suspect. All of
these and other relationship of the witness to the suspect must
be explored so that an intelligent approach is properly applied.
AVOIDANCE OF PUBLICITY – There are witnesses who are
shy, and shuns publicity that will bring discomfort to their
ordinary or obscure way of living. The investigator must hide
these witnesses away from reporters.

FAMILY RESTRICTION – Some famous and respected

families preserve their reputations by instilling to their members
the need of the approval of their elders on matters affecting
their families. The investigator must talk to the elders for their
approval of a member to testify
BIGOTRY – Religious or racial, tribal or ethnic indifference

CULTISH INDOCTRINATION – Some cults or religious

denominations exercise religious or moral influence on
decision of witnesses to testify. It would be more apparent
when the witness and the suspect belong to the same cult.
 THREE TYPES OF INTERVIEW
PRELIMINARY INTERVIEW – This is the initial questioning of a
subject. It is usually conducted at the crime scene though it may
be conducted also at the subject’s house or workplace.

FOLLOW-UP INTERVIEW – This is the 2nd or succeeding

questioning to:
• Obtain further into that was missed during the 1st
questioning
• Clarifying data that has already been gathered

FINAL INTERVIEW – This is the last questioning that may lead to

the act of offering a witness to testify in court during trial
 I.R.O.N.I.C. FORMAT

IDENTITY – prior to the commencement of an interview, the investigator

should identify himself to the subject by name, rank and agency. Except,
when there is no need to know the officer’s identity.

RAPPORT – it is good to get the positive feeling of the subject towards the
investigators, such friendly atmosphere is a vital for both the subject and
the investigator t have a better interaction.

OPENING STATEMENT – the investigator must have to indicate why the

subject is being contracted.
NARRATION – the witness should be allowed to tell all he knows
with little interruptions from the investigator.

INQUIRY – after all information have been given by the subject,

that is the time for the investigator to ask question to clarify him
about the case under investigation.

CONCLUSIONS – after the interview, it is but proper to close the

interview with outmost courtesy and thanking the subject for his
cooperation.
 RULES IN QUESTIONING
a. ONE QUESTION AT A TIME – one question at a time is
desired.
b. AVOID IMPLIED ANSWERS – The nod of the head or any
other body language as a response to the questions should
be avoided.
c. SIMPLICITY OF QUESTIONS – A short simple question at a
time is required. Avoid legalistic questions such as; who is the
murderer or who is in conspiracy with the suspect.
d. SAVING FACES – The investigator should not fault or ridicule
the subject on these matters.
e. YES OR NO ANSWERS – Do not ask questions which could
be answered by yes or no.
 TYPES OF WITNESSES ACCORDING TO THEIR
ATTITUDES
Know-Nothing Type - These are the reluctant type of witnesses. They are found among
uneducated and of low level of intelligence.

Disinterested Type - This is the uncooperative and indifferent subject. To deal with them
is to find out their field of interest.

The Drunken Type - The style of questioning by the investigator should be adapted to the
psychology of the subject. When the drunken subject has sobered, another interview will
be conducted, confronting him about his disclosures while in the state of drunkenness.
The written statement must be taken during his sobriety.

Suspicious type – These type of witnesses are suspicious about the motive and actions
of the investigator. May be removed by sincere explanations or psychological war.

Talkative Type - These are witnesses who are prone to exaggerate, adding irrelevant
or new matters to their narration.
Honest Witnesses - These are the truthful and cooperative witnesses where
the investigator could rely upon, with little or no problem in handling them.
Deceitful Witness - These are the liar type of witnesses. Pressure them for
possible cases of perjury or obstruction of justice.
Timid Witnesses - They are the shy witnesses. The approach must be friendly
and reassuring confidentiality of their information. They should be hidden from
the devouring press by interviews or photo sessions.
Boasting, Egoistic, or Egocentric Witnesses – They will be good witness
because of their ability of expressing their accounts. The investigator must be
patient in dealing with them.
Refusal to Talk Witnesses - These are the most difficult subjects to deal with.
Find out the reasons of their personality. The cause maybe trauma, shock, fear,
hatred, and others. Remove these fetters of silence and they will start talking.
 INTERROGATION
Is the skillful questioning of a hostile person suspecting of
having committed an offense or a person who is reluctant to make
a full disclosure of information in his possession which is pertinent
to the investigation.

Purposes/Objectives of Interrogation
a. To obtain valuable facts.
b. Eliminate the innocent.
c. Identify the guilty party; and
d. Obtain confession/admission
 PURPOSES OF INTERROGATION

• On the part of the suspect, it is to extract a confession or

admission.

• On the part of the uncooperative and unwilling witness,

it is to extract the information he/she possesses.
THE GOLDEN RULE OF INTERROGATION

“Make him admit something, no matter how small or

trivial. Usually the first admission will lead to
another. In securing the first admission is the
biggest stumbling block in dealing with tough
suspects”.
 CUSTODIAL INVESTIGATION/INTERROGATION

Any questioning initiated by law enforcement officers

after the person has been taken into custody or otherwise
deprived of his freedom of action in any significant way. The
questioning of the suspect or person believed to have been
committed a crime after he was taken into custody.

This stage of investigation has strict observance of the

Miranda Doctrine.
NOTE:

• Custodial Investigation shall include the practice of

issuing an “invitation” to a person who is
investigated in connection with an offense he is
suspected to have committed without prejudice to
the person. (R.A. 7438)
 LEGAL REQUIREMENTS OF INTERROGATION
The statement of the subject must obtain voluntarily and
trustworthy and not by means or use of threat, fear, coercion, duress or
any improper tactics which will vitiate the free will of the subject.

MIRANDA DOCTRINE
This case which entitled Miranda vs. Arizona, is a US
Supreme Court Jurisprudence which laid down the constitutional
rights of the accused during custodial investigation.

It was incorporated in our 1973 Constitution and later in

1987 Constitution of the Philippines.
 Sec. 12, Art. III of 1987 Philippine Constitution
1. Any person under investigation for the commission of an offense
shall have the right to be informed of his right to remain silent and
to have competent and independent counsel preferably of his own
choice. If the person cannot afford the services of counsel, he must
be provided with one. These rights cannot be waived except in writing
and in the presence of counsel. (Miranda Doctrine)

2. No torture, force, violence, threat, intimidation, or any other

means which vitiate the free will shall be used against him. Secret
detention places, solitary, incommunicado, or other similar forms of
detention are prohibited.

3. Any confession or admission obtained in violation of this or Section

17 hereof shall be inadmissible in evidence against him.
 REPUBLIC ACT NO. 7438
(Rights of the Person Arrested, Detained or
under Custodial Investigation)
• Right to remain silent
• The right to have a competent and independent counsel,
preferably of his own choice who shall at all times be
allowed to confer privately with the person arrested,
detained, or under custodial investigation
• If such person cannot afford the service of his/her counsel,
he must be provided with a competent and independent
counsel by the investigating officer
• Shall be allowed visits by or conferences with any
members of his immediate family
 These rights could be validly waived in writing and
with the assistance of a counsel in order that the ensuing
confession be admissible as evidence.
The confession must also be in writing, signed and
sworn to the accused.
 THE TECHNIQUES OF INTERROGATION
A. EMOTIONAL APPEAL - This is a technique where the investigator,
combining his skills of an actor and a psychologist, addresses the
suspect with an emotional appeal to confess. Devotees of a religion may
belong to this type.

B. SYMPATHETIC APPROACH - The investigator, in his preliminary or

probing questions must dig deep into the past troubles, plight and
unfortunate events in the life of the suspect. An offer of help, kindness,
friendliness, may win his cooperation.

C. FRIENDLINESS - A friendly approach coupled with a posture of

sincerity may induce the suspect to confess.
D. KINDNESS
The simplest technique is to assume that the suspect will confess
if he is treated in a kind and friendly manner.
E. EXTENUATION
The investigator indicates he does not consider his subject’s
indiscretion a grave offense.
F. SHIFTING THE BLAME
The interrogator makes clear his belief that the subject is
obviously not the sort of person who usually gets mixed up in a
crime like this. The interrogator could tell from the start that he was not
dealing with a fellow who is a criminal by nature and choice.
G. BLUFF ON A SPLIT PAIR
This is applicable when there is more than one suspect. The
suspects are separated and one is informed that other has talked.
H. TRICKS AND BLUFF TECHNIQUES
(1) THE PRETENSE OF SOLID EVIDENCE AGAINST THE ACCUSED
The investigator bluffs the suspect that even if he would not
confess, there is enough evidence to send him to jail. If he will confess,
the investigator will see to it that his prison term would be within range of
probation.
(2) THE WEAKEST LINK
Among the suspects, there must be a careful selection of who among
them is the “weakest link” where the interrogation will begin. By tricks and
bluffs, this weakest link will be told that his companions had already
confessed, and that this weakest link had dealt the fatal blow or that he
received the “lion’s share of the loot” in order to intrigue him.
(3) DRAMA
The weakest link may be used to fake pain and agony
by ordering him/her to shout, accompanied by banging a
chair on the wall to make it appear that a commotion is
going on. The other suspects in separate rooms must hear the
drama before telling them that their partner had confessed.

(4) FEIGNING CONTACT WITH FAMILY MEMBERS

The suspect could be tricked that the investigator had gone
to the residence and the family members has supplied facts
against the suspect. The suspect’s family will be dragged into
the investigation if the suspect will not confess.
5) THE LINE UP METHOD (Accused is lined-up among
suspects)
The complainant, witness or victim is requested to point
the suspect positively who is among the persons in the police
line-up. It consists of 7 to 10 persons in the line-up.

(6) REVERSE LINE UP (Accused is alone and coached

witnesses and victims are piled to make accusations against
the accused)
The suspect is placed among other persons in a line-up,
and he/she is identified by several complainants and
witnesses who will associate the suspect in other several
crimes.
I. STERN APPROACH - The investigator displays a stern (demands
immediate response) personality towards the suspect by using the
following methods:
(1) PRETENSE OF PHYSICAL EVIDENCE – It is the pretense of
laboratory or scientific findings pointing to the suspect.
(2) JOLTING – The investigator selects the right moment to shout a
pertinent question in an apparent righteous outrage.
(3) INDIFFERENCE – The investigators will discuss and debate about how
strong evidence of the case that will result to a conviction of
maximum penalty. Their aim is to induce the suspect to confess by
conditioning his mind that he is finally cornered with no other recourse
but to confess.
(4) FEIGNING PROTECTION AND CONSIDERATION – These questions
are asked as matters of considerations of rights, protection and
advantage of the suspect.
(5) OPPORTUNITY TO LIE – The suspect is given all opportunities to lie.
J. THE MUTT AND JEFF/ SWEET AND SOUR METHOD
Two (2) Agents are employed.
Mutt, the relentless investigator, who is not going to
waste any time because he knows that the subject is guilty.
Jeff, on the other hand, is obviously a kind-hearted man.

K. REMOVING THE ETHNIC OR CULTURAL BARRIER

OR CULTURAL BARRIER
If the suspect is of Ilocano descent, he should be
interrogated by an Ilocano investigator, and the same with other
ethnic or cultural groups.
L. SEARCHING FOR THE SOFT SPOT
In every man’s heart, there is always the softest spot. The
heart may have hardened to steel by poverty, destitution,
hopelessness, despair, apathy, indifference, injustice, hatred or
other factors, yet there is always that spot which could be
discovered by the investigator through his knowledge of human
behavior.

M. MINIMIZATION
Minimizing the culpability of the suspect. The investigator
convinces the suspect that a confession will reduce the
offense and the penalty.
 OTHER INTERROGATION
TECHNIQUES
THE “OPEN TECHNIQUES” – the interrogator is open and direct
in his approach and makes no attempts to conceal the
purpose of the interrogator. It is best employed when the
interrogee is cooperative. It is frequently used at the tactical level
where time is a major interrogator.
THE “COMMON INTEREST” TECHNIQUE – the interrogator
must exert effort to impress the interrogee of their common
interest. The interrogator must look for he point out the real
advantages the interrogee will receive if he cooperates
RECORD FILE (WE KNOW ALL
TECHNIQUE) –

the interrogator prepare a file on the source

listing all known information (record should
be padded to make it appear to be very
extensive).
EXASPERATION – Techniques (Harassment) – effectively employed
against hostile type interrogee.
Subject Interrogee is placed in a longer period of interrogation without
rest or sleep.
The interrogator permits the source to go to sleep and subsequently
awaken for another series of questioning (this is done repeatedly). After
many repetitions, the interrogee will be exasperated and will finally
cooperate hoping that he can be allowed to rest or sleep.
Ask a question, listen to a reply and then ask the same question
repeatedly (use a tape recorder if possible). The purpose is to bore the
interrogee thoroughly until he begins to answer questions freely to end
the harassment.
EGOTIST TECHNIQUES (PRIDE AND EGO) – usually successful when
employed against an interrogee who has displayed a weakness or a
feeling of insecurity. You may reverse the technique by complimenting the
interrogee in hopes of getting him to admit certain information to gain credit.
Described him as the best person, superior or comrade.
“SILENT” TECHNIQUE – employed against nervous or the confident type of
interrogee. Look out the interrogee squarely in the eye with sarcastic
smile (force him to break eye contact first). He may ask questions but the
interrogator must not answer. Patience is needed until the interrogator is
ready to break silence.
QUESTION BARRAGE” TECHNIQUE (RAPID FIRE QUESTIONING) –
intended to confuse the interrogee and put him into a defensive position.
The interrogee become frustrated and confused, he will likely reveal more
than he intended, thus creating opening for further questioning.
NOTE:
QUESTION AND ANSWER TYPE – IDEAL TYPE OF
WIRTTEN STATEMENT
REASON: PROVIDES DETAILS OF FACTS

PRIVACY – PSYCHOLOGICAL FACTOR FOR

SUCCESSFUL INTERROGATION
 PHYSICAL SIGNS OF DECEPTION

SWEATING – Profuse sweating indicates tension, anxiety,

shock or fear. Extreme nervousness is also the cause of
sweating.

COLOR CHANGES – Anger is indicated if the face is

blushed. It is also the result of extreme nervousness or
embarrassment. It is necessarily a sign of deception or guilt.
A pale face is a reliable indicator of guilt or deception.
DRY MOUTH – This is a sign of great tension and is reliable
symptom of deception. Swallowing, constant movement of the
Adam’s apple and sweating of the lips are indications of dryness
of the mouth.

BREATHING – An effort to control breathing during the critical

questioning is an indication of deception. Gasping of breath is
the ultimate result of the control in breathing.
PULSE – When observed at the sides of the neck, the
investigator will discover the increase in pulse beat which is
indicative of deception.

AVOIDANCE OF DIRECT EYE CONTACT – This may

indicate guilt or deception. Misty or teary eyes indicate
remorse or repentance.
 YES!
UWIAN NA!!