Chapter II

Essentials of Criminal Investigation

What is Criminal Investigation?

Criminal Investigation is the collection of facts in order to accomplish the
three-fold aim: a) to identify the guilty party, b) to locate the guilty party,
and c) provide evidence to suspect’s guilt.

Two Sources of information

1. Information from people- derived from people and may not always
admissible in court of law. Information consisting of rumors, tips, and
hearsay can often place investigator on the right track to solve the crime,
but will probably never appear in the testimony.
2. Information from things -Physical evidence often provide invaluable
information to the investigator. However, this information cannot be used
if the investigators does not understand and recognize the strict rules for
collecting, preserving and presenting this evidence once it is discovered.

SIX (6) CARDINAL POINTS OF CRIMINAL INVESTIGATION

The goal of a criminal investigation is to determine the truth of the matter,
as far as it can be found, in a post facto inquiry (after the fact) so that a
perpetrator can be brought to justice or an innocent party be cleared.

1. What specific offense has been committed?

2. How the offense was committed?
3. Who committed it?
4. Where the offense was committed?
5. When it was committed?
6. Why it was committed?

Three (3) Interdependent factors in which the six cardinal points of

investigation is rooted and in the absence of one would not result into a
crime.
a. Motive (the reason that pushes the perpetrator to commit an act with
a definite result in mind;
b. Opportunity (refers to the chance or the occasion to commit the act);
and
c. Means (the capability of the perpetrator to commit the act using the
available tools at hand).

THE OBJECTIVE OF CRIMINAL INVESTIGATION

Perpetrators can make mistake/s during the crime and may leave some
evidence that will identify who they are; this may be due to carelessness,
emotional and mental stress, underestimation of law enforcer’s
capabilities and influence of illegal drugs or alcohol. The objectives of
criminal investigation by using the information derived from these
evidence are:
1. To detect the crime.
2. To locate and identify suspects in crimes.
3. To arrest suspects in crime.
4. To recover stolen property.
5. To prepare sound criminal case for prosecution.
THE EVOLUTION OF THE CRIMINAL COMPLAINT
Once a crime has been committed, the crime will come to the attention of
the PNP in the following ways:

1. By a Victim- the crime may be reported by the victim such as robbery

or assault.
2. By an eyewitness- an eyewitness or another person may have
knowledge of a crime that has been committed.
3. By an accomplice-as accomplice in a crime may confess his/her
involvement in the crime.
4. By an anonymous tip- an anonymous tip may have been provided by
an unknown person with the hope of having the police arrest the
perpetrator or simply enact revenge on an enemy or competitor, or such
as rival drug dealer.
5. By an informer-an informant may provide information relating to a
crime in order to collect reward money.

TOOLS OF INVESTIGATION or THE THREE (3) I’S OF INVESTIGATION

1. Information - this refers to the data gathered by an investigator from

other regular or cultivated sources including the victims themselves; and
from public and private records; modus operandi files, arrest records and
rogue’s gallery.
2. Interview - refers to the skillful questioning of suspects and witnesses
believed to possess knowledge that is of official interest to the
investigator.
3. Instrumentation- refers to the use of forensic technology as a tool in
the examination of physical evidence using established methods.

PROTOCOLS IN CRIMINAL INVESTIGATION

The following are the PNP’s Protocols which are to be observed when
conducting an investigation:
1) Jurisdictional Investigation of the Territorial unit concerned-
The police station which has territorial jurisdiction of the area where the
crime incident shall immediately undertake the necessary investigation
and processing of the crime scene unless otherwise directed by higher
authorities for a certain case to be investigated by other units/agency.
2) Official Police Blotter-
a. A Police Blotter is an 18" x 12" logbook with hard-bound cover that
contains the daily register of all crime incident reports, official
summary of arrests. and other significant events reported in a police
station. (par. a Protocol 2);
b. As a general rule, all crime incidents must be recorded in the official
police blotter. (par. B Protocol 2);
c. A separate Police Blotter, however, shall be maintained for offenses
requiring confidentiality like violence against women and children
 and those cases involving a child in conflict with the law to protect
their privacy pursuant to R.A. 9262 (Anti-Violence Against Women
and Children Act of 2004) and R.A. 9344 (Juvenile Justice and
Welfare Act of 2006). (par. c Protocol 2)
d. The duty police officer shall record the nature of the incident in the
police blotter containing the five "W"s (who, what, where, when and
why) and one "H" (how) of the information and inform his superior
officer or the duty officer regarding the occurrence of such incident.
(par. d Protocol 2)
e. In answering the above 5 Ws and 1 H and the Case Disposition, all
such material details about the incident, including the nature of the
action or offense; the Date, Time, and Place of Occurrence; the
names of the suspect/s, the victim/s, the witness/es, if any; facts of
the case; significant circumstances that aggravate or mitigate the
event or the crime should be entered along with the identity of the
officer to whom the case is assigned (Officer-on-case); and, the
status of the case. (par. e Protocol 2)

3) Investigation Team: Organization and Equipment

a. All investigators in any police unit must be a graduate of
prescribed investigation course with a rank of at least PO2 (pre-
requisite to assignment). (par. a Protocol 3)
b. Composition of investigation team:
1. Team Leader
2. Investigator/recorder
3. Photographer
4. Evidence custodian; and
5. Composite Illustrator/Artist

c. Equipment of the investigator:

1. Police line
2. Video camera
[Link] recorder
4. Camera
5. Measuring device
6. Gloves
7. Flashlight
8. Fingerprint kit
9. Evidence bag
10. Evidence tag
11. Evidence bottles/vials; and
12. Investigator's tickler (contains the following: a) Investigator's
checklist; b) Anatomical diagram form; c) Evidence checklist; and
d) Turn-over receipt.

4) Duties of the First Responder (2011 PNP Criminal Inves

Manual)
a) Proceed to the crime scene to validate the information received;
 b) Record the exact time of arrival and all pertinent date regarding
the incident in his issued pocket notebook and notify the
investigator-on-case.
c) Cordon off the area and secure the crime scene with a police line or
whatever available material to preserve its integrity.
d) Check whether the situation still possess imminent danger and call
back up if necessary.
e) Identify possible witnesses and conduct preliminary interview and
ensure their availability for the incoming investigator-on-case.
f) Arrest the suspect/s if around or in instances wherein the suspect is
fleeing. Make appropriate notification for dragnet operations.
g) Prepare to take the “Dying declaration” of the severely injured
persons with the following requisites:
i. That the death is imminent and the declaration is serious of
that fact;
ii. That the declaration refers to the cause and surrounding
circumstances of such death;
iii. That the declaration relates to facts which the victim is
competent to testify t; and
iv. That the declaration is offered in a case where in the
declarant’s death is the subject of the inquiry.
h) Evacuate the wounded to the nearest hospital using emergency
services;
i) Account for the killed, wounded and arrested person for proper
disposition;
j) Conduct initial investigation;
k) Brief the investigator-on-case upon arrival and turn over the crime
scene; and
l) Conduct inventory on the evidence taken at the crime scene;
inventory receipt should be properly signed by the first responder,
SOCO, and the investigator.

5) Duties and responsibilities of the investigating team

a) Take full control of the crime scene include the conduct of search
b) Take photograph
c) Making sketch
d) Lifting of fingerprints
e) Marking of physical evidence
f) Chain of custody
g) Transmittal of evidence to the crime laboratory
h) Interview of witnesses
i) Gathering and evaluation evidence
j) Follow-up the case
k) Documentation and filing of appropriate charges in court.

6) Investigation of subjects
Suspect/s - individual who is pointed to by the victims and witnesses
to have had committed the crime in issue.
 Procedures when arrest is made:
1. Secure the person arrested (handcuff at the back)
2. Inform the arrested person on the cause of his arrest and his rights
as provided for in the constitution.
3. Conduct thorough search for weapon and other illegal materials
against the suspect;
4. Use reasonable force in making an arrest;
5. Confiscated evidence shall be properly documented and marked;
and
6. Bring the arrested person to the Police station for investigation.

BOOKING PROCEDURES OF THE ARRESTED PERSON/SUSPECT

A. The arrested person shall be fingerprinted, photographed and subjected

to medical examination to include liquor and drug test.
B. Conduct record check.

7) Taking of sworn statement of suspect/s

The execution of a suspect’s “WAIVER” as stipulated in Art 125 RPC
shall always be done in the presence of his chosen counsel or any
independent counsel.
8) Taking of Sworn Statement of the witnesses
Sworn statement of affidavit of complainants and witnesses must be
taken immediately by the investigator-on-case. Affidavit of Arrest of
arresting officers must be taken immediately not later than 24 hours.
9) Preparation of reports and filing of charges
IOC shall submit the following
a. Spot report within 24 hours
b. Progress Report
c. After operation report
d. Final Report after the case is filed before the prosecutor’s office;
and
e. Accomplishment report
10) Procedure in the release of the crime scene
CRIME SCENE- a venue or place where the alleged
crime/incident/events has been committed.
a) Ensure that appropriate inventory has been made;
b) Release is accomplished only after the final survey and proper
documentation of evidence
c) If the crime is within a private property, the same must be released
to the lawful owner witnessed by any barangay officials,
11) Follow-up of the case - the investigator shall conduct police
operation to identify and apprehend the suspect/s based on the result of
the initial investigation conducted.
12) Preparation of Case investigation plan (CIPLAN)
The conduct of Police operation involving sensational cases, high
profile and heinous crimes must be covered by CIPLAN. (PNP 2011)
13) Attendance to court duties- The investigator-on-case and arresting
officers shall endeavor to ensure their attendance during the court
hearings.
14) Uniform of the investigators
Prescribed uniform should be worn by investigators when conducting
investigation so as to identify them as PNP personnel.

CRIME SCENE INVESTIGATION - refers to the post-incident police

operational procedures undertaken at the crime scene when a crime has
been committed. Crimes can’t be solved by single individual no matter
how good he/she is. Criminal investigation needs to be solved by a team
of experts in order to be successful.

Three (3) components of crime investigation:

1. First responders- the member of the police, military, firemen, medical
teams and other volunteer organization who are the first to respond for
assistance in case of incidents.
FOUR (4) MAIN TASKS OF FIRST RESPONDERS
(1) To give first Aid;
(2) To apprehend the suspected offender;
(3) To protect and if necessary collect and preserve evidence; and
(4) Cordon off the protected area
2. Investigator-on-case- refers to the duty investigator duly assigned or
designated to conduct the inquiry of the crime by following a systematic
procedures and methodologies for the purpose of identifying witnesses,
recovering pieces of evidence arresting and filing appropriate charges
against the perpetrators.

3. Scene of the crime operation (SOCO) -refers to the functional

capability of the PNP Crime Laboratory performed by its trained personnel
through the recognition, methodical search, proper
documentation/recording and collection of physical evidence at the crime
scene.

GENERAL INVESTIGATIVE PROCEDURES

(As defined in the 2011 PNP’s Revised Criminal Investigation Manual)

1. Upon receipt of call/walk-in complainants

Duty desk officer shall:

A. Record the time it was reported;
B. Get the identity of the caller/complaint;
C. Get the place of incident;
D. Get the nature of the incident;
E. Get the number of the victim/s;
F. Record a brief synopsis of the incident;
G. Direct the nearest mobile car/beat patrollers or the nearest police
precinct to act as first responder equipped with “police line” to
secure the place of incident and camera; and
H. Inform the duty investigator
2. At the crime scene
The first responder shall perform his duty and in addition, check the
condition of the victim while the other member shall simultaneously
secure the area by putting a police line or any material like rope, straw,
and etc.

A. If in serious condition
a) Bring the victim immediately to the nearest hospital using
emergency services;
b) Photograph and make a sketch of the victim (if the victim is
dead);
c) Get the dying declaration, if necessary (ask 3 questions)
a) Ano ang pangalan at address mo? (what is your name and
address?)
b) Kilala mo ba ang gumawa nito sayo? (Who did this to you?)
c) Sa pakiramdam mo ba ay ikamamatay mo ang tinamo mong
sugat? (do you think the wound you received are fatal?)

B. If not in serious condition

a) Bring the victim immediately to the nearest hospital using
emergency services;
b) Get the identity and other data of the victim;
c) Get initial interview from the victim

NOTE: The other member/s of the first responders shall remain at the
crime scene to secure the premises.

C. If the suspect is arrested at the scene

a) Get the person who turned-over or arrested the suspect,
b) Isolate the arrested suspect/s and separate them from any
probable witness of the incident.
c) Record what time the suspect was arrested.
d) Wait for the investigator to interview the suspect.
e) If the suspect volunteers any statement, take note of the time,
location and circumstances of the statements.

3. Investigation Procedures at the Crime Scene

A. Upon arrival at the crime scene

1) Received the crime scene from the first responder.
2) Record time/time of arrival at the crime scene, location of the
scene, weather condition, condition and type of lighting, direction of
the wind and visibility.
3) Photograph and/or video the entire crime scene.
4) Before entering the crime scene, all investigators must put on
surgical gloves
5) Before touching or moving any object at the crime scene in a
homicide or murder case, determine first the status of the victim,
whether he is still alive or already dead. If the victim is alive, the
 investigator should exert effort to gather information from the victim
regarding the circumstances of the crime. Before removing the victim,
mark, sketch and photograph his/her relative position. Only a coroner
and a medical examiner shall remove the dead body unless unusual
circumstances justify its immediate removal.
6) Designate a member of the team to stand watch and secure the
scene and permit only authorized person to enter the same.
7) Identify and retain for questioning the person who first notified the
police and other possible witnesses.
8) Determine the assailant through inquiry or observe him if his
identity is immediately apparent. Arrest him if he is still in the vicinity
9) Separate witnesses in order to get independent statements.

B. Recording
The investigator begins to process of recording pertinent facts and
details of the investigation the moment he arrived at the crime scene. He
also writes the identification of the persons involved and what he initially
saw. He also draws a basic sketch of the crime scene and take
photographs, this is to ensure that an image of the crime scene is
recorded before any occurrence that disturbs the scene. As a rule, do not
touch, alter or remove anything at the crime scene until the evidence has
been processed through notes, sketches and photograph, with proper
measurements.

C. Searching for evidence

 The scene will be processed in accordance with the prevailing physical
characteristics of the scene. A survey of the scene is always made,
however, to note the location of obvious traces of actions, the
probable entry and exit points used by the offenders and the size and
shape of the area.
 In rooms, buildings and small outdoor areas, a systematic search of
evidence is initiated. The investigator examines each items
encountered on the floor, walls, and ceiling to locate anything that
may be of evidentiary value.
 Give particular attention to fragile evidence that may be destroyed or
contaminated if it is not collected when discovered.
 If any doubt exists as to the value of the items, treat it as evidence
until proven otherwise.
 Ensure that the item or area where latent fingerprints may be present
is closely examined and that action is taken to develop the prints.
 Carefully protect any impressions of evidentiary value in surfaces
conducive to making casts or molds.
 Note stains, spots and pools of liquid within the scene and treat them
as evidence. Treat as evidence all other items such as hairs, fibers and
earth particles foreign to the area.
 Further search may be necessary after the evidence and statements
have been evaluated.
 It may be advisable to make a search beyond the area considered to
be the immediate scene of the incident.
 In a homicide case, the position of the victim should be outlined with a
chalk or any other suitable material before the body is removed from
the scene. If the victim has been pronounced dead, it is usually
advisable to examine the body, the clothing and area under the body
after the remainder of the scene has been searched.

D. Collection of evidence
This is accomplished after the search is completed, the rough sketch
finished, and photographs taken. Fragile evidence should be collected as
they are found. All firearms found to have tampered serial numbers shall
be automatically subjected to macro etching at the PNP Crime Laboratory.

E. Markings of evidence
Any physical evidence obtained must be marked or tagged before
its submission to the evidence custodian.

Markings on the specimen must at least contain the following:

a) Exhibit case number
b) Initial and or signature of the collecting officer
c) Time and date of collection.

F. Evaluation of evidence
Each item of evidence must be evaluated in relation to all the
evidence, individually and collectively. If necessary, these pieces of
evidence must be subjected to crime laboratory examination. Example:
firearms for ballistic examination, hair strands, etc.

G. Preservation of Evidence
It is the investigator’s responsibility to ensure that every precaution
is exercised to preserve physical evidence in the state in which it was
recovered/obtained until it is released to the evidence custodian.

H. Releasing of Evidence
All collected evidence can only be released upon order of the court or
prosecutor as the case maybe.

I. Chain of Custody
A list of all person who came into possession of an item of evidence,
continuity of possession or chain of custody must be established
whenever evidence is presented in court as an exhibit. Adherence to
standard procedure in recording the location of evidence, marking it for
identification, and properly evidence submission forms for laboratory
analysis is critical to chain of custody.
Every person who handled or examined the evidence and where it is at
all times must be accounted for. As a rule, all seized evidence must be in
the custody of the evidence custodian and deposited in the evidence room
or designated place for safekeeping.

J. Transmittal of evidence to the Crime Laboratory

 Proper handling of physical evidence is necessary to obtain the
maximum possible information upon which scientific examination shall be
based, and to prevent exclusion as evidence in court. Specimen which
truly represent the material found at the scene unaltered, unspoiled or
otherwise unchanged in handling will provide more and better information
upon examination.

The following principles should be observed in handling all types of

evidence.
1. The evidence should reach the laboratory in same condition as
when it was found.
2. The quantity of the specimen should be adequate. Even with
the best equipment available, good results cannot be obtained from
insufficient specimen.
3. Submit a known or standard specimen for comparison
purposes.
4. Keep each specimen separate from each other so there will be
no intermingling or mixing of known and unknown material.
5. Mark or label each of evidence for positive identification as the
evidence taken from a particular location in connection with the crime
under investigation.
6. The chain of custody of evidence must be maintained. Account
for evidence from the time it is collected until it is produced in court. Any
break into the chain of custody may make the material inadmissible as
evidence in court.