CHAPTER 1

NATURE AND CONCEPT OF CRIMINAL INVESTIGATION

1.1 Introduction to Criminal Investigation

A. Etymology of Investigation

Criminal Investigation came from Latin term:

➢ INVESTIGAT, which means to inquire or to discover during the 5th century

➢ INVESTIGARE (vestigare in some books) which means to track or to look into for
traces.

➢ VESTIGIUM, another Latin word which means footprint. (MS Encarta Reference
Library, 2009)

B. Definition of Terms
1. Investigation is the process of investigating. It also refers to a search
or inquiry for ascertaining facts; detailed or careful examination
2. Criminal investigation:
• Is defined as the collection and analysis of facts about persons, things,
places that are subjects of a crime to identify the guilty party locate the
whereabouts of the guilty party and provide admissible pieces of evidence to
establish in the guilt of parties involved in crime. (Cael & Agas, 2000).
• is the logical objective and legal inquiry involving a possible criminal
activity, the result of the inquiry will answer the 5 w's and the H questions.
• Is the collection of facts to accomplish the threefold AIMS: to identify the guilty
party, locate the guilty party and provide evidence of his guilt.

C. Criminal Investigation as

➢ An art based on intuition and sometimes by chance.

➢ A science it involves the application of knowledge of forensic sciences
➢ A process it involves systematic procedure.

The Anatomy of Crime

• The Motive refers to the reason or cause why a person or group of

persons will perpetrate a crime.

• The Instrumentality is the means or implement used in the commission of

the crime. MOTIVE
• The Opportunity consists of the acts of omission and/or commission by a person (the victim)
which enables another person or group of persons (the criminal/s) to perpetrate the crime.

1.2 History of Criminal Investigation and Relevant Laws

A. Philippine Origin of Criminal Investigation

 The art and science of Criminal Investigation that exist today is the result of countless
development since policing was conceived and then institutionalized. The following is just a brief
account of some of the major milestone in the history of Criminal Investigation.

WORLDWIDE DEVELOPMENT

1720s, ENGLAND: - JONATHAN WILD He was a buckle maker then a

brothel operator; a master criminal who became London’s most effective
criminal investigator. He was the most famous THIEF-CATCHER in 1720s.
His methods or techniques made popular the logic of EMPLOYING A THIEF
TO CATCH A THIEF. He conceived the idea of charging a fee for locating
and returning stolen property to its rightful owners.

1750s, ENGLAND: - HENRY FIELDING An Englishman who wrote a novel entitled “Tom Jones”
and was appointed as magistrate (sheriff) for the areas of Westminster and Middle Age, London.
He was the creator of the BOW STREET RUNNERS while he was the magistrate; he formed a
group of police officers attached to the Bow Street Court, and not in uniform, performing criminal
investigative functions.

1753, ENGLAND: - SIR JOHN FIELDING The younger brother of Henry Fielding
who took over the control of Bow Street Court in 1753. His investigators were then
called Bow Street Runners and became quite effective because of his personal
guidance despite the fact that he was blind. He introduced the practice of developing
paid informants, printing wanted notices, employing criminal raids, and bearing
firearms and handcuffs.

1759, USA: The US CONGRESS created the office of the GENERAL AND REVENUE CUTTER
SERVICE. This is the first organized federal law enforcement and investigative effort made by
the US government.

1800, LONDON: - PATRICK COLQUHOUN A prominent London president who proposed the
unique idea of creating sizeable uniformed force to police the city of London in order to remedy
the public outcry concerning the alarming increase of criminality during the early 1800s. His
proposal was considered too radical and was dismissed by the Royal Court.

1811, FRANCE: - EUGENE ‘Francois” VIDOCQ He was a criminal who turned Paris Investigator.
He is a former convict who became a notorious thief-catcher in France. He is credited as the
founder of LA SURETE, France’s national detective organization. He made popular the concept of
“SET A THIEF TO CATCH A THIEF”. He introduced the concept of ‘TRADE PROTECTION
SOCIETY’, which is a forerunner of our present-day credit card system. For a fee, any owner of
a shop or business establishment could obtain particulars concerning the financial solvency of new
customers. He created a squad of ex-convicts to aid the Paris police in crime investigation.

1829, LONDON: - SIR ROBERT PEELS The founder and chief organizer of the London
Metropolitan Police – the SCOTLAND YARD. He reiterated the idea of creating sizeable police
force in his recommendations, which lead to the passage of the Metropolitan Police Act. This act
had a tremendous impact on the history of criminal justice in general, and on the development of
criminal investigation specifically. He introduced the techniques of detecting crimes such as:
detectives concealing themselves, and secretly photographing and recording conversations.

1833, ENGLAND: The Scotland Yard employed the first undercover officer while in
USA: First daytime paid police department was established in Philadelphia, USA.

1835, USA: TEXAS RANGERS was organized as the first law enforcement agency with statewide
investigative authority, the forerunner of the Federal Bureau of Investigation.

1842: Scotland Yard created the first FULL-TIME INVESTIGATIVE, which is a forerunner to
the Criminal Investigation Division of Scotland Yard.

1851, BOSTON, MASSACHUSETTS, USA: Multi-suspect ID LINE-UP is employed in the first

time.

1852, USA: - CHARLES DICKENS - Through his story entitled BLEAK HOUSE, he introduced
the term DETECTIVE to the English language.

1852, USA: - ALLAN PINKERTON - America’s most famous private investigator and founder
of Criminal Investigation in USA. He established the practice of handwriting examination in
American courts and promoted a plan to centralize criminal identification records.

1856, USA: - KATE WAYNE: The first woman detective in the history of criminal investigation,
hired by the Pinkerton Agency.

1859, USA: Appellate courts recognized/accepted photographs as admissible evidences when

they are relevant and properly verified.

1865, USA: US SECRET SERVICE was founded to investigate counterfeiting activity in post-
civil war America.

1866, USA: - INSPECTOR THOMAS BYRNES: A New York Chief of Detectives introduced
the MODUS OPERANDI FILE.

1866, Liberty, Missouri, USA: The JESSE JAMES GANG made the first bank hold-up which
mark the beginning of the gang’s 15-year hold-up and robbery spree (12 bank hold-ups and 12 train
stage coach robberies in 11 states). Clay County Savings Association was their first victim and
their take was $ 60,000.00.

1877, ENGLAND: - HOWARD VINCENT: Headed the newly organized CRIMINAL

INVESTIGATION DEPARTMENT in Scotland Yard.

1882, FRANCE: - ALPHONSE BERTILLON: A French Police Clerk who introduced and
established the first systematic identification system based on ANTHROPOMETRICAL
SIGNALMENT (or Anthropometry) he is considered as the FOUNDER OF CRIMINAL
IDENTIFICATION.

1884, CHICAGO, USA: The Chicago Police Department established the first American Criminal
Identification Bureau.

1887, DR. ARTHUR CONAN LYLE: He popularized the Scientific Criminal Investigation by
creating the fictional detective SHERLOCK HOLMES and his friend Dr. WATSON. Holmes was
featured in 6 short stories and 4 novels.

1892, ENGLAND: - FRANCIS GALTON: An Englishman who published his study on classifying
fingerprints. While other scientists were studying fingerprints in their biological nature, Galton
recognized their uniqueness and potentiality/significance in criminal identification.
1893, GERMANY: - HANS GROSS: An Englishman who published a handbook for Examining
Magistrates in Munich, Germany and advocated the use of scientific methods in criminal
investigation process.

1948, ABERDEEN, SCOTLAND: A new concept was introduced in the field of criminal
investigation. This is known as TEAM POLICING. In team policing, there is no patrol division or
criminal investigation per se. In this system, a team of police officers is assigned to patrol and
investigate all criminal matters within their area of jurisdiction or district. Team policing required
that police officers who respond to a call regarding a criminal case should investigate the case to
its conclusion.

1954,USA: - Dr. PAUL KIRK: Best known American criminalist who headed the Department of
Criminalistics as the University of California, USA.

1961,USA: - Mapp vs. Ohio (376 vs. 584): The Supreme Court ruled the illegally obtained
evidence is inadmissible in state criminal prosecutions.

1965, USA: Office of Law Enforcement Assistance (forerunner of the Law Enforcement
Assistance Administration – LEAA) was established to fund and coordinate administration,
research and training in criminal justice.

1966, USA: - MIRANDA vs. ARIZONA (384 vs. 436): Ernesto Miranda had confessed to
rape and kidnapping, after two hour interrogation. Because the interrogators failed to inform
Miranda of his right to counsel and remain silent, his conviction was overturned.

DEVELOPMENT IN THE PHILIPPINE SETTING

1712. CARABINEROS DE SEGURIDAD PUBLICO: Organized for the purpose of carrying out
the policies or regulations of the Spanish government. The members were armed and considered
as the mounted police. Later, they discharge the duties of a part, harbor, and a river police.

1836. GUARDRILLEROS: A body of rural police organized in each town, which was established
by the Royal Decree of January 8, 1836. This police force was composed of 5% of the able-
bodied inhabitants in each town or province, and each member will serve for at least 3 years.

1852. GUARDIA CIVIL: An organization created by the Royal Decree issued by the Spanish
Crown Government on February 12, 1852. It relieved the Spanish Peninsular Troops of their works
in policing towns. It consisted of a body of Filipino policemen organized originally in each of the
provincial capitals of the Central provinces of Luzon under the command of Alcalde (Governor).

NOV. 30, 1980. INSULAR POLICE FORCE: Established during the Filipino-American War
(1898-1901) upon the recommendation of the American Commission to the Secretary of War.

JULY 18, 1901. ACT # 175: The act establishing the Insular Police Force which was titled as
“AN ACT PROVIDING FOR THE ORGANIZATION AND GOVERNMENT OF AN INSULAR
CONSTABULARY”. The organic act creating the Philippine Constabulary.

OCT. 3, 1901. ACT # 255: The law which established the Philippine Constabulary

B. Laws relative to Criminal Investigation

REVISED ADMINISTRATIVE CODE OF 1917, Section 825:

 The law stated that the Philippine Constabulary is a national Police Institution for
preserving the peace, keeping the order and enforcing the law.

SEPT. 8, 1966. RA # 4864. (Law co-authored by Rep. Teudolo Natividad):

The law otherwise known as the POLICE ACT OF 1966, It created the Office of the Police
Commission which was later called National Police Commission (NAPOLCOM). In its
inception, the Police Commission was under the Office of the President. It was created as
the supervisory agency to oversee the training and professionalization of the local police
forces. Through this law, reformation and professionalization of the police service gained
official recognition.

AUG. 8, 1975. PD#765:

The law which stipulated that the office of the NAPOLCOM was under the office of the
Ministry of the National Defense. It defined also the relationship between the Integrated
National Police and the Philippine Constabulary. This is in compliance with the provisions of
Section 12, Article 15 of the 1973 Philippine Constitution.

1935 PHILIPPINE CONSTITUTION, Article III, Section 17 (1) –

The law provides that:” In all criminal prosecutors, the accused shall…. Enjoy the right to
be heard by himself and counsel……”. Criminal prosecution was however interpreted by the
court in US vs. Beechman (25 Phil 25,1972) to mean the proceeding at the trial court from
arraignment to rendition of judgment.

1973 PHILIPPINE CONSTITUTION, Article III, Section 20

“No person shall be compelled to be a witness against himself. Any person under
investigation for the commission of an offense shall have the right to remain silent and to
counsel, and to be informed of such right. No force, violence, threat, intimidation nor any
means, which vitiate the free will, shall be used against him. Any confession obtained in
the violation of this section shall be inadmissible as evidence.

The warning of the right to remain silent must be accompanied by the explanation that
anything said can and will be used against the individual in court. This warning is needed in
order to make him aware not only of the privilege, but also of the consequences of
forgetting it. (People vs. Duero, 104 SCRA 379, 1981)

1983 – MORALES vs. JUAN PONCE ENRILE (GR#61016-17; April 26,1983; SCRA 538)
 The ruling in this case makes it clear that the MIRANDA WARNING
as it is generally called have to be made so that a confession can be
admitted. Therefore, while upon police custody for investigation, the
accused must be appraised of his:

1. Right to remain silent with explanation that anything that he

might say maybe used against him in the court of the law;
2. Right to talk to a lawyer, a relative, or a friend, and have a
lawyer ready and a friend present while he is being questioned; and
3. Right to the appointment of a lawyer if he cannot afford one.

1985 – PEOPLE vs. GALIT (GR#51770;March 20,1985) –

The right to a counsel maybe waived but the waiver, to be valid, must be made with
assistance of a counsel.
1987 PHILIPPINE CONSTITUTION, Article III, Section 12 (1) –

“Any person under investigation for the commission of an offense shall have the right
to be informed of his right to remain silent and to have a competent and independent
counsel preferably of his own choice. If the person cannot afford the services of a
counsel, he must be provided with one. These rights cannot be waived except in
writing and in the presence of a counsel.

Article XVI, Section 5(4) –

“No member of the armed forces in the active services shall, at any time, be appointed
for designated in any capacity to a civilian position in the Government including
government owned or controlled corporation, or any of their subsidiaries.”
Article XVI, Section 6 –

“The State establish and maintain one police force, which shall be national in scope
and civilian in character, to be administered and controlled by a National Police
Commission. The authority of local executives over the police units in their jurisdiction
shall be provided by law.”

1990, RA 6975 -

DILG ACT, Philippine National Police (PNP) together with BFP and BJMP organization

1998, RA 8551 –

PNP Reform and Reorganization Act

The Criminal Investigator

A. Criminal Investigator
Refers to the person who performs an investigation.
It also known as prober and is considered as the superstar in
the process of investigation

B. Police Investigator
 Refers to a PNP Uniformed Personnel both Police Commissioned Officer and Police Non
Commissioned Officer conferred with the appropriate certification to investigate with care
and accuracy by conducting step-by-step examination through patient inquiry and meticulous
observation data and other pertinent matters to support crime theories and establish
relevant facts to aid in identifying the offense and criminal offender locating him and
providing evidence of his guilt leading to the successful filing and prosecution of the offense.
Police investigator must be a graduate of criminal investigation course

C. Roles of Investigator
1. Determine whether a crime has been committed
2. Identify the victim/s and the offender
3. Locate and apprehend the accused
4. Present evidence of guilt for the suspect/s
5. Assist in case follow-up

D. Qualities of a Criminal Investigator

1. Perseverance - bring the desired conclusion in
spite of obstacles.
2. Endurance is the ability to last physically and mentally.
3. Incorruptible Honesty and Integrity.
4. The intelligence and Wisdom of Solomon. Investigator could easily
decipher falsehood from truth and separate the gain from the chaff.
5. Acting Ability is the ability to go down to the level of different types of
individuals.
6. Oral and Written Communication must have a basic knowledge on both
oral and written communication in proving a certain issue
7. Observation and Description should be a keen observer and knows how to
accurately describe anything
8. Courage moral fortitude of the
investigator to tell the truth irrespective of who
gets hurt
9. Knowledge on Laws
10. The power to read between the lines to
interpret the words or phrases and number
encountered
11. Technical Knowledge capability of defense
tactics use of firearms and delight and the light

E. Desirable Traits of the Investigator

1. Superior Reasoning Ability

the ability to analyze logically a multitude of facts and determine how they
interrelate is basic to the investigative process.

Elements from the foundation of the critical thinking process:

a. Differentiating between fact and opinion.

b. Determining cause-and-effect relationships
c. Determining the accuracy and completeness of information presented.
 d. Recognizing logical fallacies and faulty reasoning.
e. Developing inferential skills through deductive or inductive reasoning

2. Imagination and Curiosity

a. Imagination means forming mental images of what is not
present.

b. Curiosity is the desire to learn by being inquisitive.

3. Intuition
This is the immediate apprehension or cognition – quick
and ready insight without the conscious use of reasoning.
4. Observational Ability
Under most circumstances, the investigator will use the sense of seeing and hearing,
the former being the more significant.
5. Organizational Ability
The police investigator is continually processing various types of information.
6. Legal Knowledge
Today’s investigator must possess a solid grounding in criminal and to a lesser degree,
in civil law.
7. Cultural Understanding and a Wide Range of Interest
An awareness and understanding of cultures different from the investigator’s own
can be of great advantage.
8. Persistence
Continuing in the face of opposition, or refusing to give up when faced with an
adverse situation.

Criminal Investigation: Phases, Kinds, Goals, Forms and Categories

A. Goals of Criminal Investigation

Generally, the goals of criminal investigation are the following:

1. To determine whether a crime has been

committed;

2. To legally obtain information or evidence;

3. To identify persons involved in the crime;

4. To arrest suspects ;

5. To recover stolen properties;

6. To present the best possible case to the
prosecutor.

B. Kinds of Criminal Investigation

 Generally speaking, there are only two kinds of criminal investigation:

▪ Investigation while the suspect is under arrest and detention; and

▪ Investigation while the suspect is “at large”. It means that the suspect is not under arrest
or detention, as distinguished from fugitive from justice.

C. The Phases of Criminal Investigation

1. The identification of criminal.
2. The criminal is traced, located and arrested.
3. The facts or evidence to prove the guilt of the accused are gathered.

➢ Confession
As defined in Section 29, Rule 130, Rules of Court is: The declaration of an accused
expressly acknowledging his guilt of the charged, may be given evidence against him.

Voluntary Confession: means that the accused speak of his free will and accord, without
inducement of any kind and with the full and complete knowledge of the
nature and consequences of the confession. When the speaking is so free
from influences affecting the will of the accused, at the time the
confession was made, that it renders it admissible in evidence against
him.

Involuntary Confession: Those confessions obtained through force, threat, intimidation,

duress or anything that influence the act of the confessor.

➢ Admission
An admission is voluntary acknowledgement in terms or by implication, by a party in
interest or by another
Whose statement he is legally bound, against his interest, of the existence or truth of a
fact in dispute material to the issue.

Admission may either be expressed or implied, may also be judicial admission and
extrajudicial admission:

Expressed Admission is one made in express terms in definite, certain and unequivocal
language.
Implied Admissions are those may be inferred from the acts, declaration or omission of
a party.

D. Components of Criminal Investigation

1. PATTERN Refers to a series of similarities that may link particular cases or

indicate that the same person is committing a series of crimes.
2. LEADS These are clues or pieces of information that aid in the progress of an
investigation.
3. TIPS Specifically refer to leads provided by the citizens that aid in the progress of
an investigation.
4. THEORIES Beliefs regarding the based on the evidence, patterns, leads, tips and
other information developed and uncover in the case.
 E. Trichotomy of Criminal Investigation

1. Training Being a critical factor in developing good and

competent investigator, is the key to freedom from bandage
of ignorance.
2. Tools To establish facts and develop evidence, a criminal
investigator must use these tools-information, interview,
interrogation, and instrumentation.
3. Technique Essence of tactical strategy in investigation.

F. Importance of Criminal Investigation

1. The problem on crimes and criminals should be carefully studied and provided with
solutions.
2. It helps the five pillars of the Criminal Justice system in recognizing and identifying
criminal and provides clues or information in promoting social justice.
3. An aid in enforcing the laws and the protection of lives and properties.

G. Forms of Investigation
1. Formal Investigation
It refers to official inquiry conducted by a government agency in an effort to
uncover facts and determine the truth.
It is usually considered as some form of inquiry concerning of criminal activity.

2. Inquest
It is an effort to search the basic cause of an incident such as the commission of
a crime.
3. Inquisition
A more historical description than a current usage to describe any penetrating
investigation concerning a religious issue.
4. Probe
Similar to formal investigation, is an extensive, searching inquiry conducted by a
government agency.
5. Research
It is the most employed type of investigation refers to the careful, patient
investigation done by scientist or scholars in their efforts to identify original
sources of data or causes of problem.
6. Investigative Reporting
Relatively speaking, is a recent type of investigation pursued by the members of
the press on their own initiative. It is designed to satisfy two purposes.
- To attract readers/viewers
- To get to the roots of the problem

H. Categories of Criminal Investigation according to John Dempsey

1. Criminal Investigation vs Non-Criminal Investigation

Criminal Investigation - carried out by the police.
 Non-Criminal Investigation – involves on non-criminal incidents or events.
2. Reactive Investigation vs Proactive Investigation

Reactive Investigation - initiated on the basis of a complaint.

Categories of Reactive Investigation
a. Walk-through
Suspect is easily determined and located.
b. Where-are-they
Suspect has been tentatively identified but has not been located.
c. Whodunit
This is a case in which no suspects are initially identified.

Proactive Investigation - these are designed to catch a criminal in the act of

committing a crime.

a. Decoy operations are of blending and decoy types to catch

criminals in flagrante delicto.
b. Undercover operations is usually in the form of buy-bust and
entrapment.
- Buy-bust operation
- Entrapment

3. Overt Investigation vs Covert Investigation

a. Overt Investigation - openly.
b. Covert Investigation - in secret.

I. Basic Steps In Crime Scene Investigation

1. Recognition- involves the efforts of identifying data, including physical things that may
provide relevant information regarding the criminal case being investigated.

2. Collection- refers to the act of gathering those identified data or facts, or physical things
that are significant to the case under investigation.

3. Preservation- includes act of keeping the collected evidences in their true and original for,
preventing contamination or destruction of its substantive value.

4. Evaluation- the process of determining the probative value of the evidence.

5. Presentation- it is the function that is primarily manifested inside the courtroom

J. STARTING POINTS OF CRIMINAL INVESTIGATION

1. State the problem
2. Form hypotheses
3. Observe and experiment
4. Interpret data
5. Draw conclusions

K. THE SIX (6) CARDINAL POINTS OF INVESTIGATION

 1. WHO QUESTIONS: These are questions used to inquire
on the identity of the victims or offended party, name of suspect,
accomplices, accessories and witnesses of the crime.

2. WHAT QUESTIONS: The purpose of these types of

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

3. WHERE QUESTIONS: These are questions that localize

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

4. WHEN QUESTIONS: These are questions needed to

determine and fix the time, day, month and year when the crime
was committed. When questions should be specified and as
accurate as possible.
5. WHY QUESTIONS: These are questions that endeavor to ascertain the motives, causes,
antecedents, previous, incidents, related facts, background occurrences that might help
explain the commission of the offense.
6. HOW QUESTIONS: These are designed to help the investigator determine how the crime
was committed, the means/tools are employed, the crime was discovered, and the culprit
enters the building/room.

L. THE GOLDEN RULE IN CRIMINAL INVESTIGATION

The golden rule states “Do not touch, alter, move, or transfer any object at the
crime scene unless it is properly marked, measured, sketched and/or photographed.”

The purpose of this rule is to avoid the mutilation, alteration and contamination (MAC) of
the physical evidences found at the crime scene.