Chapter I

Introduction to Criminal Investigation

Introduction

A criminal investigation is usually conducted by law enforcement officers who

has the responsibility to identify, collect, and gather pieces of evidence at the crime
scene for a specific purpose. A criminal investigator looks for clues and evidence to
determine whether a crime has been taken place. If a crime has been committed, the
investigators shall establish the three-fold aim of investigation; to identify the guilty
party, to locate the guilty party: and provide evidence of his guilt.

The Etymology of Criminal Investigation

The word Investigation came from the old French investigacion which means
"a searching into" and from the latin word "investigationem" which means "a
searching for". Investigation therefore refers to searching into either individual or
properties.

The Criminal Investigation

Criminal Investigation refers to the collection of facts to accomplish the

threefold aim: to identify the guilty party, to locate the guilty party: and to provide
evidence of his guilt through criminal proceedings.

Criminal Investigator is a law enforcement officer who are trained, disciplined

and experienced to conduct criminal investigation and the one who can carry the
objectives of criminal investigation. The investigator is sometimes called the
superstar in the process of investigation in which in all instances investigator use his
discretion- the wise use of his judgement.
 When to Investigate? The police officer initially conducts investigation when
one of the following occur;

1. complaint filed

2. crime committed or crime is in progress

3. drug related offense

4. traffic accident

5. operation of organized crime

6. suspect is under arrest & detention

7. suspect is at large and or fugitive from justice

"AT LARGE" means the suspect is not under arrest or detention not being a
wanted person in the eyes of the law, and therefore cannot be lawfully arrested
without a warrant.

"FUGITIVE FROM JUSTICE" This is obtained when "an individual who, after
having committed a criminal offense, leaves the jurisdiction of the court where such
crime has taken place or hides within such jurisdiction to escape prosecution.

Is necessarily an escapee from detention or a escaped prisoner while serving

sentence 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 a
warrant of arrest.

As a general rule; in all criminal investigation or proceedings probable cause

must be well established. Without probable cause, a police cannot arrest a person
nor avail the issuance of warrant of arrest or search warrant.

Probable Cause means the facts and circumstances that would endanger a
well- grounded belief that a crime has been committed and the person to be arrested
committed it.
PHASES OF CRIMINAL INVESTIGATION

1. The identification of criminal.

2. The criminal is traced, located and arrested.

3. The pieces of evidence to prove the guilt of the accused are gathered.

4. Pieces of evidence are presented in court.

THE CONCEPT OF CRIMINAL INVESTIGATION AS AN ART AND A

SCIENCE

 It is a Criminal Investigation is an ancient science that may have roots as far

back as 1700 BC
 It is an art because it is governed by rigid rules or fixed legal procedures but
most often based on intuition and sometimes by chance.
 It is a science because it involves the application of knowledge of forensic
sciences in the process of identifying, locating, collecting, processing, and/ or
evaluating physical evidences.

GOALS OF CRIMINAL INVESTIGATION

1. To determine whether a crime has been committed.

2. To legally obtain information or evidence.

3. To identify persons involved (suspects/victims/ witnesses).

4. To arrest suspects.

5. To recover stolen properties.

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

IMPORTANCE OF CRIMINAL INVESTIGATION

1. It provides the facts of a crime and provided with solutions.

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
maybe), and in promoting social justice.

3. An aid in enforcing the laws and the protection of lives and properties.

As a general rule, all crime incidents must be recorded in the official police blotter - is
a 18"x12" logbook that contains the daily registry of all crime incident reports, official
summary of arrest, and other significant events reported in the police station.

CHARACTERISTICS OF AN INVESTIGATOR:

1. KNOWLEDGEABLE, this refers to the investigator who exhibit understanding

about crime, evidence, law, to include the suspect and the victim.

2. PERSEVERANCE, refers to the steadfastness, persistence and resolution to bring

the desired conclusion in spite of obstacles connected with criminal investigation.

3. ENDURANCE, this refers to the ability of the investigator to withstand hardship in

the conduct of investigation to include the ability to last physically and mentally.

4. HONESTY AND INTEGRITY, the investigator must always observe the moral
conviction of doing the right thing in all circumstances. There is the ever temptations
of money, women and drinks, etc., that influence the result of investigation.

5. INTELLIGENCE AND WISDOM OF THE SOLOMON, This is very important in

order that the investigator could easily decipher falsehood from truth and separate
the gain from the chaff as king Solomon did when he settled disputes of child's
ownership between the two mothers.

6. ACTING ABILITY, It is the ability to go down to the level of the subject (minor, the
prostitute or the slum dwellers, or the level of the other professionals or the members
of the elite)

7. GOOD ORAL AND WRITTEN IN COMMUNICATION, This is the ability of the

investigator as he mingle with the community to include in making a concise report.
8. THE KEEN POWER OF OBSERVATION AND DESCRIPTION, These are very
important in crime scene investigation and in interview and interrogation.

9. COURAGE, It is the moral fortitude to tell the truth no matter who will be hurt.

10.THE POWER TO "READ BETWEEN THE LINES, This is the ability of the
investigator to interpret the words or phrases encountered in the process of
investigation in their deeper meaning inorder to arrive with an accurate meaning of a
certain statement.

11.KNOWLEDGE FIREARMS OF MARTIAL ARTS AND PROFICIENCY, this will

help the investigator in defending himself when confronting, arresting, and
interrogating the suspect.

OTHER QUALITIES OF INVESTIGATOR

A. Superior reasoning ability - the ability to analyze logically a multitude of facts and
determining how they interrelate. This is related to critical thinking.

-This method of reasoning challenges one to adopt an attitude of fair-

mindedness, intellectual caution and openness to questioned common or assumed
beliefs.

B. Imagination and curiosity-

Imagination is forming mental images of what is not present or creating new

ideas by combining previous experiences.

Curiosity is a desire to learn

C. Intuition -immediate apprehension or cognition, quick and ready insight.

D. Observation ability- the ability to observed, noting and recording of facts (using
the sense of seeing and hearing

HISTORICAL BACKGROUND OF CRIMINAL INVESTIGATION

The Code of Hammurabi ruled from 1792 to 1750 BC

Is considered to be the oldest known code of law from the Old Babylonian
period. The code is also one of the earliest examples of the idea of presumption of
innocence, and it also suggests that both the accused and accuser have the
opportunity to provide evidence.

It consists of 282 laws, with scaled punishments known as Lex Taliones which
means "an eye for an eye, a tooth for a tooth"

One of the best known laws from Hammurabi's

code was:

Ex. Law #22: "If anyone is committing a robbery and is caught, then he shall be put
to death."

Ex. Law #129: "If the wife of a man has been caught lying with another man, they
shall bind them and throw them into the waters. If the owner of the wife would save
his wife then in turn the king could save his servant."

Ex. Law #196: "If a man destroys the eye of another man, they shall destroy his eye.
If one breaks a man's bone, they shall break his bone.

 5th CENTURY B.C., ROME: Rome created the first specialized investigative
unit. It was named as QUESTORS or TRACKERS of MURDERER. Roman
civilian accepted the role of quasi police with a sense of civic responsibility,
they often made citizen arrest.
 6th CENTURY B.C. ATHENS: Unpaid magistrates (judges), were appointed
by the citizens to make decisions for the cases presented to them.

TIME OF ALFRED THE GREAT

In the later part of 19th Century, England's king,Alfred the Great established a
system of "mutual pledge"(social control), which organized for the security of the
country into several levels:

1. TEN TITHING-One hundred persons are grouped into one under the charge of a
High Constable.
2. TITHING - Ten persons are grouped together to protect one another and to
assume responsibility for the acts of the group's members. The one who heads this
group is called

Tithing Man.

"SHIRES” - The divisions of a specific geographic area. It is being controlled by

the king and governed by a Shire-reeve, or Sheriff.

TIME OF EMPEROR AUGUSTUS

At about the time of Christ, Rome: The Roman Emperor Augustus picked
out special, highly qualified members of the military to form the following:

1. PRAETORIAN GUARD This was considered the first police officers, their job is to
protect the palace and the emperor.

2. PRAEFECTUS URBI - Their function is to protect the city. They have both
executive and judicial power.

3. VIGILES OF ROME - The vigiles began as fire fighters, they were eventually also
given law enforcement responsibilities and they patrolled Rome's streets day and
night. The vigiles could be considered the civil police force designed to protect
citizens.

It is from them that the word "VIGILANTE" came from.

TIME OF WINCHESTER

1285 A.D., England: THE STATUTE OF WINCHESTER was enacted

establishing a rudimentary criminal justice system in which most of the responsibility
for law enforcement remained with the people themselves.

These statutes or laws were promulgated by Winchester.

1. The Watch and Ward Act

2. Hue and Cry System

3. Parish Constable

4. Keeping weapon at home for family security

 1720's, England: JONATHAN WILD a master criminal who became the

London's most effective criminal investigator.
-He was the most famous THIEF-CATCHER in 1720s. He conceived the idea
of charging a fee for locating and returning stolen property to its rightful owners.

 1750s, England: HENRY FIELDING -He was alon the creator and a
magistrate of the Bow Street Runners; he formed a group of police officers
attached to the Bow Street Court, not in uniform performing criminal
investigative functions.
 1753, England: JOHN FIELDING The "blind" younger brother of Henry
Fielding who took over the control of Bow Street Court in 1753. He also
introduced the practice of developing informants, printing wanted notices,
employing criminal raids, and bearing firearms and handcuffs.
 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 increase of
criminality during the early 1800s.
 1811, France: EUGENE "FRANCOIS VIDOCQ. established a squad of ex-
convicts to aid the Paris Police in investigating crimes. He worked under the
theory of "Set a thief to catch a thief." He is credited, as the founder of La
Surete, France's National Detective Organization.
 1829, London: ROBERT PEELS - The founder and chief organizer of London
Metropolitan Police. He introduced the techniques in detecting crimes such as
detectives concealing themselves, and secretly photographing and recording
conversations.
 1835, TEXAS RANGERS was organized as the first law enforcement agency
with statewide investigative authority. This is the forerunner of the Federal
Bureau of Investigation (FBI).
 (1847-1915), Dr. HANS GROSS - The earliest advocate of criminal
investigation as a science. Gross was a native of Austria, born in Graz.
Educated in law, he became interested in investigation while serving as an
examining magistrate. He became a professor of Criminology at the University
of Vienna.
 1852, U.S.A: CHARLES DICKENS is a great novelist in which through his
story entitled bleak house, he introduced the term detective to the English
language.
  1852, U.S.A: ALLAN PINKERTON. This individual truly deserves the title of
"America's Founder of Criminal Investigation."

-Among methods pioneered by Pinkerton were; "shadowing, roping, undercover."

-They work with the motto "We never sleep."

 1856, U.S.A: KATE WAYNE: The first woman detective in the history of
criminal investigation. She was hired by the Pinkerton Agency and contributed
to the resolutions of big cases of the United States of America.
 1909-1924 JOHN EDGAR HOOVER- He became the head of the Federal
Bureau of Investigation, which was established by the attorney general from
1909 to 1924.
 1866, U.S.A: THOMAS BYRNES
-He is an unusually keen-minded individual who trained his detectives in recognizing
individual criminal techniques. He founded the criminal "modus operandi," or
method/ mode of operation.

 1866, Liberty, Missouri, USA: THE JESSIE JAMES GANG

-Made the first hold-up which marks the beginning of the gang's 15 year hold-up and
robbery spree (12 bank hold-ups and 12 train robberies in 11 states). Clay County
Savings Association (CCSA) was their first victim and their take was $60,000,000.00.

 1882, France: ALPHONSE BERTILLON

-A French Police Clerk who introduced and established the first systematic
identification system based on the Anthropological KA 30 Signalment
(Anthropometry).

-He is considered as the founder of Criminal Tome Investigation in France. vd

ballonco

 1954, USA: Dr. PAUL KIRK The best known Criminalist who headed the
Department of Criminalistics at the University of California, USA.
 1966, USA: MIRANDA vs ARIZONA The US Supreme Court established
procedural guidelines for taking criminal confessions. The case is the origin of
the present Miranda rights of a accused under the custody of police.
MIRANDA RIGHTS originated from the American jurisprudence. Mr. Ernesto
Miranda, a Latino was accused of KIDNAPPING and RAPE in the State of Arizona.
The Arizona Police interrogated Mr. Miranda exhaustedly leading to his confession.
Based on his confession, he was charged, tried and convicted. Appeal of his
conviction was made before the Arizona Supreme Court but his conviction was
affirmed. The appeal was then elevated to the US Supreme Court where there was a
reversal of the decision and he was acquitted on Constitutional grounds.

It was in this case, entitled Miranda vs. Arizona (Emesto Miranda versus State of
Arizona, USA) that the US Supreme Court laid down the constitutional rights of the
accused during the custodial interrogation. It was incorporated in our 1973
Constitution and later in the 1987 Constitution of the Philippines. This is known as
the Miranda Rule, Doctrine, or Warning.

The Law of PNP applicable in Criminal Investigation;

1. 1987 PHIL CONSTITUTION, Art 16, Sec 6

"The state established and maintained one police force, which shall be NATIONAL
IN SCOPE AND CIVILIAN IN CHARACTER, to be administered and controlled by
the National Police Commission. The authority of the local executives over the police
shall be provided by law."

2. RA No. 4864 = The law otherwise known as the Police Act of 1966, It created the
Office of the Police Commission (now National Police Commission). It shall be their
duty to preserve peace and order; prevent the commission of crimes; protect life,
liberty and property; and arrest all violators of laws and ordinances within their
jurisdiction. They shall exercise the general powers to make arrest, searches and
seizures in accordance with law. They shall detain an arrested person only within the
period prescribed by law. Approved September 8, 1966 authored by Cong. Teodulo
C. Natividad.

3. RA No. 6975 =The Creation of BFP, BJMP and PNP under the Department of
Interior and Local Government (DILG) Act of 1990. Subsequently dissolving the PC
whose officers and rank and file were given the privilege either to join the AFP or the
PNP within the period as provided therein.

4. RA No. 8551=The PNP Reform and Reorganization Act of 1998 which is now the
operational law that governs over the PNP. Approved February 25, 1998.

5. RA No. 7438 = An act defining certain rights of person arrested, detained or under
custodial investigation.
 Chapter II

Arrest, Search and Seizure

The term "arrest" 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.

On the other hand, the word search was derived from the Anglo-Norman word
"searcher," Old French cerchier which means "to explore," Latin word "circare" which
means "go around in
circles."

Complaint and Information;

Complaint is a sworn written statement charging a person or a group of

persons of an offense that is subscribed by the offended party such as the victim/s
of the offense committed, or any other peace officer charged with the enforcement
of the law violated.

Information is an accusation in writing charging a person or a group of

persons of an offense that is subscribed by the prosecutor or fiscal. It is
substantiated on oath and includes the name of the party, the offense committed,
facts of the offense and other factors relevant.

Contents of Information --The information shall, among others contain:

a. A certification by the filing Prosecutor that he is filing the same in accordance

with the provisions of Section 7, Rule 112, Rules on Criminal Procedure, in
cases cognizable by the Regional Trial Court;
b. The full name and aliases, if any, and address of the accused;
c. The place where the accused is actually detained;
d. The full names and addresses of the complainant and witnesses;
e. A detailed description of the recovered items. If any;
f. The full name and address of the evidence custodian;
 g. The age and date of birth of the complainant or the accused, if eighteen (18)
years of age or below; and
h. The full names and addresses of the parents, custodians or guardians of the
minor complainant or accused, as the case may be.

Arrest Defined

Arrest is the actual taking of a person or persons into custody by an

authority in order that he/they may be bound to answer for the commission of an
offense.

General rule; no one can arrest a person unless with a valid warrant of
arrest.

Warrant of Arrest is an order in writing issued in the name of the People of the
Philippines; signed by a 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.

Richard Doe/ John (Jane) Doe Warrant is a warrant containing no specific person
to be arrested but only descriptions based from the testimonies of the victim/s or the
witnesses/es. It contains the physical description of the accused as well as other
factors to be considered for the identification of the accused (Sadili & Pena, 1998).

Warrant Officer is any authorized member from the law enforcement agency usually
from the Philippine National Police (PNP) or National Bureau of Investigation (NBI)
who holds a warrant for execution within 10 days from receipt subject to renewal in
case of failure to execute the same.

Alias Warrant refers to the warrant of arrest issued by a judge to the peace officer
after returning the original warrant of arrest after the lapse of the 10-day validity
period.

When a warrant of arrest not necessary;

1. When the accused is already in detention

2. When the accused was arrested by virtue of a lawful arrest without
warrant
3. When the penalty is of a fine only
4. Those covered by a summary procedure
Procedure when arrest is made;

1. Secure the person arrested (handcuff at the back)

a. Conduct thorough search for weapons and other illegal materials

b. Inform the arrested person of his right

2. Use reasonable force in making arrest

a. Confiscated evidence shall be properly documented

b. Bring the arrested person to the nearest accredited hospital for medical
examination
c. Bring the arrested person to the police station for documentation

Medical Examination of Arrested Person/ Suspect. Immediately after the arrest of

a person ordered arrested by the court, or of a suspect under investigation, he
should be subjected to a medical 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 the
area.

The Basic Principle of Warrant of Arrest

1. Issued by the judge to a peace officer and commanding him to arrest a person

stated therein.

2. It is enforceable within the Philippine territory at anytime of the day or night.

3. Arresting officer must inform the person to be arrested of the cause of the arrest.

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.

5. No specific expiration, but within 10 days of its receipt the officer shall submit a

progress report to the issuing judge.

6. Warrant of arrest is still valid if the suspect is not yet arrested unless the court

denounce its validity.

Duties of arresting officer;

2. It shall be the duty of the officer executing the warrant without necessary delay to
arrest the accused and to deliver him to the nearest police station.
3. During arrest, with or without warrant, It shall be the duty of arresting officer to
inform the person to be arrested of the cause of the arrest or his constitutional
rights in dialect or language known to the subject except when he flees or
forcibly resist.
4. 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.
5. No torture, force or violence or any other means which vitiate the free will of the
arrested person

Summoning Assistance for the Arrest. Any officer making a lawful arrest may
verbally summon as many individual as he deems necessary to aid him in making
the arrest. Every person so summoned shall aid him in the making of such arrest,
when he can render such aid without detriment to himself.

Right of Attorney or Relative to Visit Person Arrested. Any member of the bar
shall, at the request of the person arrested or of another on his behalf, have the right
to visit and confer privately with such person, in jail or any other place of the custody
at any hour of the day or, in urgent cases, of the night. This right shall be exercised
by any relative of the person arrested subject to reasonable regulation. [Sec. 14,
Rule 113.]

Executive Order No. 155, dated 30, March 1987, amending republic Act No.
857, penalizes any public officer who deprives a person of his right to counsel. The
penalty shall be prison correctional or imprisonment of 6 months and 1 day to 6
years.

WHAT IS CUSTODIAL INVESTIGATION?

It is the term to denote the investigation conducted by the investigator on the

suspect who is under police custody. This is the stage of the investigation where
there is strict observance of the Miranda Doctrine.

THE RIGHTS OF THE ACCUSED DURING CUSTODIAL INVESTIGATION

(a) Right to remain silent.

(b) Right to counsel of his own choice and if he has none, the government must
provide one for him;
(c) Right to be informed of the nature of the accusation.
These rights COULD BE VALIDLY WAIVED IN WRITING AND WITH THE
ASSISTANCE OF COUNSEL in order that the ensuing confession be admissible in
evidence. The confession must also be in writing, signed and sworn to by the
accused

The invalidity of an arrest leads to several consequences among which are:

(a) the failure to acquire jurisdiction over the person of an accused;

(b) criminal liability of law enforcers for illegal arrest; and
(c) any search incident to the arrest becomes invalid thus rendering the evidence
acquired as constitutionally inadmissible.

INSTANCES OF WARRANTLESS ARREST, this is known as citizen's arrest

1. When, in his (peace officer) presence, the person to be arrested has committed,
is actually committing. or is attempting to commit an offense.

In people vs. Sucro, it was held that when a police officer sees the offense, although
at a distance,or hears the disturbance created thereby, and proceeds at once to the
scene thereof, he may effect an arrest without a warrant. The offense is deemed
committed in the presence or within the view of the officer.

2. When an offense has just been committed and he (peace officer) has
probable cause to believe based on personal knowledge of facts or
circumstances that the person to be arrested has committed it.
3. When the person to be arrested is an escapee from jail.
4. When the right is validly waived. This is when the person arrested consented
to the arrest, despite of no warrant showed, the person is willing to be taken
into custody.

The Inquest

Inquest is an informal and summary investigation conducted by a public

prosecutor in criminal cases involving persons arrested and detained without the
benefit of a warrant of arrest issued by the court for the purpose of determining
whether or not said persons should remain under custody and correspondingly be
charged in court.

SEARCH AND SEIZURE

Search Defined
 Search is an examination of an individual's person, house, papers or effect,
or other buildings and premises to discover contraband or some evidence of guilt to
be used in the prosecution of a criminal action.

General rule; any police officer cannot search unless there is a valid search
warrant. To be valid, probable cause must establish.

In People v. Aruta, the Court explained that the language of the Constitution implies
that "searches and seizures are normally unreasonable unless authorized by a
validly issued search warrant or warrant of arrest."

Search Warrant is an order in writing issued in the name of the People of the
Philippines, signed by the judge and directed to a peace officer commanding him to
search for personal property and bring it before the court.

Below are the properties that are subject to seizure:

1. Subject of the offense;

2. Stolen or embezzled properties;
3. Proceeds or fruits of the offense; and
4. Property used or intended to be used as means for the commission of an
offense.

The Basic Principle of Search Warrant;

1. It shall be issued by the judge directed to a peace officer commanding him

to search for personal property and bring it before the court.
2. It has a 10 days validity period upon receipt of the search warrant.
3. The issuing judge must be within the place where the crime committed, or
the issuing judge must be within the place where the property be seized.
4. In enforcing the search warrant, the officer must observe the two
witnessed rule in the process of search.
5. As general rule; it is only enforceable at day time, except as provided by
the issuing judge to search during night time.
6. The officer must follow what specified in the search warrant to include
property to be seize and its location. (house #, room # in hotel, and item to
be seize).
7. The officer has the right to break door or window to effect search.
 Nota Bene: Their must be a Probable Cause either warrant of arrest or search
warrant to be valid.

Procedure in executing Search Warrant;

A search warrant must be served within ten (10) days from its date (thereafter, it
shall be void) (Sec. 9, Rule 126] in the following manner:

a. The police officer concerned must go to the place indicated in the search warrant
and take the things described therein, in the presence of at least competent witness
who is a resident of the neighborhood. If he is refused admittance to the place of
search after giving notice of his purpose and authority, he may force himself in to
execute the warrant; and if he is detained herein, he may force himself out to
liberate himself. [Sec.6, ibid

b. The search must be made at daytime, unless otherwise stated. [Sec.8, ibid]

c. The officer seizing the property must issue a detailed receipt of the things seized to
the person in whose possession it was found, or in the absence of such person, he
must, in the presence of at least one witness, leave such receipt in the place where
such things where seized. [ Sec. 10, ibid.]

i In compliance with this procedure, it has been standard practice to issue a

RECEIPT FOR PROPERTY SEIZED after a seizure. The receipt is signed by
the seizing officer only and two witnesses, Recent Supreme Court decisions,
however, an extrajudicial confession of the commission of the offense
Charged. People de las Marinas, G.R. No 87215, 30 Apr 91; and People v
Mauyao, G.R No. 84525, 6 Apr 921 Consequently, if the accused does not
sign such receipt, if may still be used in evidence. Moreover, Of the accused
DID in fact sign of receipt, but he signed it with the assistance of a lawyer of
his choice. That act would constitute a valid waiver of his right against self-
incrimination.
ii It must be noted that in the cases cited above, the crime charged is
possession of prohibited drugs. Thus, the signature of an accused on the
receipt is a declaration against interest and a tacit admission of the crime
charged, as mere unexplained possession o prohibited. drugs is punishable.
The doctrine is therefore not a hard and fast rule as far as the "Receipt for
Property Seized" is concerned. If the crime charged is possession of
unlicensed fire arms. For example, the doctrine would apply. In other cases, it
will not apply.
iii Another document which is made after search is a CERTIFICALTION OF
PROPERTY SEIZED. This is signed by the owner of the seized property, and
 would seem to fall more under the court pronouncement above than the
"Receipt for Property Seized" does.

d). As much as possible, during the opening of safes, drawers, cabinets, tables, etc,
the lifting of the articles should be done by the owner of the house or his authorized
representative, or by immediate members of his family, to preclude any suspicion of
the theft or planting of evidence.
e.) Thereafter, the officer must immediately deliver the things or property seized to
the judge who issued the warrant, together with an inventory duly verified under
oath. [Sec. 11, ibid.]

IS IT NECESSARY THAT THE PERSON NAMED IN THE SEARCH WARRANT BE

THE OWNER OF THE THINGS TO BE SEIZED?

 No, ownership is of no consequence.

 What is relevant is that the property is connected to an offense.

A WARRANT WAS ISSUED FOR THE SEIZURE OF DRUGS CONNECTED WITH

THE VIOLATION OF THE DANGEROUS DRUGS ACT. IS THE WARRANT VALID?

 The warrant is valid

 Although there are many ways of violating the Dangerous Drugs Act, it is not
a scatter shot warrant since it is in connection with only one penal law

SCATTER SHOT WARRANT, It is a warrant of arrest that is issued for more than
one offense. It is void for the law requires that a warrant of arrest should only be
issued in connection with one specific offense

POLICE OFFICERS APPLIED FOR A WARRANT TO SEARCH DOOR #1 OF AN

APARTMENT COMPLEX. THE COURT ISSUED THE WARRANT. WHEN THEY
WENT TO THE APARTMENT COMPLEX, THEY REALIZED THAT WHAT THEY
THOUGHT WAS DOOR #1 WAS ACTUALLY DOOR #7. CAN THEY SEARCH
DOOR #7?

 No, what is controlling is what is stated in the warrant, and not what the peace
officers had in mind, even if they were the ones who gave it the description to
the court.
 This is to prevent abuses in the service of search warrants
CAN THE POLICE OFFICER SEIZE ANYTHING THAT IS NOT INCLUDED IN THE
WARRANT?

 No, anything not included in the warrant cannot be seized EXCEPT if its mala
prohibita, in which case, the seizure is justified under the plain view doctrine.
 Even if the object was related to the crime, but it is not mentioned in the
warrant nor is it mala prohibita, it still cannot be seized.

WHAT SHOULD THE POLICE OFFICER OR COURT TO DO THINGS SEIZED

ILLEGALLY?

 Anything seized illegally must be returned to the owner unless it is mala

prohibita. In such a case, it should be kept in custodia legis.

CHINESEMEN WERE FOUND INSIDE COULDN'T SPEAK ENGLISH OR

FILIPINO. WHO CHINESE WERE LOCKED INSIDE A ROOM AND THE TWO
WITNESSES WHO WERE NOT OCCUPANTS WERE USED WHILE SEARCHING
THE HOUSE AND SEIZING THE PROHIBITED DRUGS. VALID?

 No.
 The two-witness rule can only apply when there is absence of the lawful
occupants of the premises searched.
 In this case, they locked the occupants in a room while doing the search and
seizure and used 2 witnesses who weren't the occupants of the premises

IF THE WARRANT WAS EXECUTED EVEN BEFORE THE EXPIRATION OF THE

10-DAY PERIOD, CAN THE PEACE OFFICER USE THE WARRANT AGAIN
BEFORE IT EXPIRES?

 No. of the purpose for which it was issued has already been carried out, the
warrant cannot be used anymore.
 The exception is if the search wasn't finished within I day, the warrant can still
be used the next day, provided it is still within the 10-day period

WHAT IS THE DUTY OF THE OFFICER AFTER THE PROPERTY SOUGHT

UNDER THE SEARCH WARRANT HAS BEEN SEIZED?

 The officer must forthwith deliver the property seized to the judge who issued
the warrant, together with a true inventory thereof duly verified under oath

IF THE ARRESTED PERSON SIGNS THE RECEIPT OF THE PROPERTY SEIZED

WITHOUT THE ASSISTANCE OF COUNSEL, IS THE RECEIPT ADMISSIBLE?
  No, because it was done without assistance of counsel

INSTANCES OF WARRANTLESS SEARCHES

1. Warrantless search incidental to a lawful arrest

A search incidental to a lawful arrest requires that there must first be a lawful
arrest before a search is made. Otherwise stated, a lawful arrest must precede the
search; "the process cannot be reversed. For there to be a lawful arrest, law
enforcers must be armed with a valid warrant. Nevertheless, an arrest may also
be effect without a warrant.

 In Posadas vs. CA, the SC upheld the validity of a search made by police
officers on one who, confronted by the police because he was acting
suspiciously, ran away.
 But in People vs. Rodriguez, the arrest and consequent search of the
accused, simply because he was acting suspiciously was held invalid.

2. WHEN PROHIBITED ARTICLES ARE IN PLAIN VIEW

Under the plain view doctrine, police officers can seize articles or objects which
inadvertently come to their view without exerting any effort and which object is
incriminatory to the accused. Based from decisions of trial courts, the doctrine
includes the five senses of an individual to detect violations of law.

The doctrine requires that a police officer in order to validate the confiscation of an
object in plain view must have a right to be in that place and whatever objects
become obvious or apparent without obstruction or impairment may be subject to
seizure.

3. SEARCH OF MOVING VEHICLES.

A checkpoint search is a variant of a search of a moving vehicle, Checkpoints per se

are not invalid. They are allowed in exceptional circumstances to protect the lives of
individuals and ensure their safety.

The extent of routine inspections must be limited to a visual search. However, an

extensive search may be conducted on a vehicle at a checkpoint when law
enforcers have probable cause to believe that the vehicle's passengers committed a
crime or when the vehicle contains instruments of an offense.
 4. A "stop and frisk" search is defined as "the act of a police officer to stop a
citizen on the street, interrogate him, and pat him for weapon(s) or
contraband." Thus, the allowable scope of a "stop and frisk" search is limited to
a "protective search of outer clothing for weapons.

In Manalili v. Court of Appeals, the police officers conducted surveillance operations

in Caloocan City Cemetery, a place reportedly frequented by drug addicts. They
chanced upon a male person who had "reddish eyes and [was] walking in a swaying
manner." Suspecting that the man was high on drugs, the police officers approached
him, introduced themselves, and asked him what he was holding. However, the man
resisted. Upon further investigation, the police officers found marijuana in the man's
possession. This Court held that the circumstances of the case gave the police
officer

Justifiable reason to stop the man and investigate if he was high on drugs.

In People v. Solayao, the police officers were conducting an intelligence patrol to

verify reports on the presence of armed persons within Caibiran. They met a group
of drunk men, one (1) of whom was the accused in a camouflage uniform. When the
police officers approached, his companions fled leaving behind the accused who
was told not to run away. One (1) of the police officers introduced himself and seized
from the accused a firearm wrapped in dry coconut leaves. This court likewise found
justifiable reason to stop and frisk the accused when "his companions fled upon
seeing the government agents."

The "stop and frisk" searches in these two (2) cases were considered valid because
the accused in both cases exhibited overt acts that gave law enforcers genuine
reason to conduct a "stop and frisk" search.

5. Customs search

The search involves illegal entry of "smuggled goods in our country that may affect
the local businesses especially the small time businessmen. The search is usually
conducted by the officers and agents of the Bureau of Customs.

6. Consented Warrantless Search

If the person submitted himself voluntarily to be searched, it is good, as there is a

search warrant because of the consent of the person to be searched. The consent of
the person must not have been because of intimidation, threat of the person making
the search. Thus, the Supreme Court held that in the cases of:
People vs. Omaweng, the accused while driving a vehicle, was stopped at a
checkpoint, and when the vehicle was inspected, the soldiers asked permission to
see the contents of a bag which was partially covered by a spare tire. The accused
consented, and upon inspection, the bag was found to contain marijuana. The SC
ruled that there was valid waiver.

In People vs. Ramos, the SC said that the evidence for the prosecution clearly
disclosed that Ramos voluntarily allowed himself to be frisked, and that he gave
the gun to the police voluntarily; thus, there was a valid waiver."

However, in People vs. Barros, the "silence of the accused" during the warrant less
search was not construed as consent.

As a component of the right to privacy, the fundamental right against

unlawful searches and seizures is guaranteed by no less than the
Constitution. Article III, Section 2 of the Constitution provides:

1. The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any
purpose shall be inviolable, and
2. No search warrant or warrant of arrest shall issue except upon probable cause to
be determined personally by the judge after examination under oath or affirmation
of the complainant and the witnesses he may produce, and
3. Particularly describing the place to be searched and the persons or
things to be seized.

Techniques of Searches of Persons Arrested.

a) "Probe," do not "pat"

(A woman operative should be used to search females.)

b) The need to handcuff subjects(s). Dangerous and violent criminals, as well as

escapees from prisons and escape artists, must be handcuffed.

When applying handcuffs, give the following orders to the subject and follow
this procedure:

(i) First Order: "take your right hand off the wall and place it in your back." Fasten the
handcuff to this hand and firmly hold the other handcuff.
(ii) Second Order: Move up and put your hand against the wall." Allow the subject to
move closer to the wall, making certain his feet remain back far enough to keep him
" off-balance."

(iii)Third Order: "Take your other hand off the wall and place it on the small of your
back." Fasten the other handcuff and double-lock both handcuffs.

(iv) Final Order: Stand up and face the

wall." Help the subject in doing this.

c. Do not stop the search when a weapon is found.

d. Look for items which may be used to commit suicide

e. Look items of evidence.

f. Searchers should never cross the line of fire.

g. Do not talk to subject(s) in the course of the search.

h. Do not grant subject's request to attend to something before, during and

immediately after the search.

i. In a search by a single officer, have the gun ready with the land at a distance from
the subject.

j. Be sure to search every part of the body and clothing.

Types of Searches:

1. Wall search, The purpose is to place the subject in an "Off-balance" position

requiring the use of notch arms and legs to keep him from falling to the ground.
This is the safest type of search. It does not necessarily require a wall; any object
that can support the weight of the subject (such as a car) can be used. The
procedures are:
 a. *Require subject to place both hands of the wall slightly higher than his waist.
Spread hands as far apart as possible. Palms should be placed against the
wall, fingers extended.
b. The subject's feet must be extended back away from the wall as far as
possible. Spread them far apart as possible, toes pointed out. Buttocks
should not be on an arched position.
c. The subject's head should be down or bowed at all times.
d. Mechanics in executing the "Wall Search.";

[1] If there is only one subject, the leader of the search should place himself at one
side, while his subordinate is on the other side;"
[2] To search the other side, the subordinate should move to the opposite side;
[3] If there are two or three subjects, move one subjects to be searched on the wall,
but out of reach of the others;

[4] Search both sides of subject, the leader conducting the searches and the
subordinate guarding the other subject;
[5] Move one subject at a time;

[6] Subject's head should be down at all times;

[7] The subordinate should concentrate on the actions of the subject and not the
action of the leader;

[8] When there are more than three subjects, additional

personnel should be summoned;

[9] In serious apprehensions, the searcher should hold his

weapon in ready position throughout the search;

[10] The body must be searched systematically with the foot of the searcher placed
tightly against subject's foot, right with right, left with left, anklebone against
anklebone:

[11] Remove any object found, then examine the palm of the hand, including
between fingers.

2. Standing Search

a. Raise subject hand over his head and spread his feet far apart as possible.
b. This is not recommended because the subject is in the "on- balance"
position.
3. Kneeling Search

a. Subjects kneels on the ground with the hands raised over his head.
b. This is also discouraged for the same reason as the "standing search."

4. Prone Search

a. Subject lies on his stomach with arms and legs outstretched.

b. Subject has both arms and legs free and is at all times in an "on-balance"
Position.
c. Front part of clothing cannot be searched.
d. This can be extremely dangerous if the subject has knowledge of judo.

Fruit of Poisonous Tree Doctrine

A rule requires that evidence that is illegally obtained should be excluded from
admission in a Criminal proceedings. The purpose behind this doctrine is to deter
police misconduct that is reckless, deliberately or grossly negligent.

Mugshots and Fingerprints

Arresting units shall at all times take the mugshots and fingerprints of all arrested
persons. Copies thereof shall be submitted to the PNP Crime Laboratory Service to
serve as master file.
 Chapter III
Basic Elements of Investigating Crime Scene

The Crime Scene

This is the place where the crime is committed and physical evidence are evident
therein.

CRIME SCENE is said to be the "TREASURE ISLAND"

 Crime Scene Simulation

SUGGESTED PROCEDURES OF CRIME RESPONSE

1. The Means of Reporting= Refers to the method of reporting the crime whether it
reached the station through phone call, personal appearance or others means.
2. The Time of Report= The exact time of the report to include minute must be
recorded.
3. The Receiver of Report= The identity of the one who received the report in the

station must be properly noted.

4. The Time of Dispatch= The time when the Desk Officer dispatches the

investigator/s is also recorded, together with the names of the investigator, with

the means of transportation, either by mobile car, taxi or other means.

5. The Time of Arrival = The time of arrival of the investigating team at the crime

scene should be noted. The situation in the area should also be noted whether it

is windy, rainy, sunny or any other description of the climate in the immediate

area.

INITIAL STEPS IN CRIMINAL INVESTIGATION

1. Cordon the crime scene.

2. Identify and retain the person who first notified the police for questioning.
3. Determine the suspect by direct inquiry or observation.
4. Detain all people present at the crime scene.
5. Safeguard the area by issuing appropriate orders.
6. Permit only authorized persons to enter the area.
7. Separate the witnesses in order to obtain independent statement.
8. Do not touch or move any object found in the scene.

9. Summon assistance from responsible persons if necessary.

 10. The team leader assigns the duties of the searchers if assistants are

present.

THE GOLDEN RULE IN CRIMINAL INVESTIGATION

"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.

THE CRIME SCENE PROCESSING;

Before the crime scene be conducted, the investigator shall establish command post
for the team to conduct briefing and evidence be in place for proper inventory were
chain of custody begin.

ASSIGNMENT OFFICERS OF DUTIES OF RESPONDING

1. OFFICER-IN-CHARGE/ TEAM LEADER-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 superiors.
3. PHOTOGRAPHER- Takes photograph of all pieces of evidence that are
relevant to the crime committed.

Procedure in Photographing the Crime Scene

1. General View or Long-range, taking an overall view of the scene of the crime.
It shows direction and location of the crime scene.
2. Medium View or Mid-range, Is the taking of the photograph of the scene of
the crime by dividing it into section. This view will best view the nature of the
crime.
 3. Close-up View/ Range, Is the taking of individual photograph of the evidence
at the scene of the crime. It is design to show the details of the crime.

Sequential Photographs of the Crime Scene;

1. Views of the exterior of the building/ vehicle in relation to other buildings/

vehicles, roads/ streets, etc.
2. Point of entry and exit outside and inside.
3. Interiors of the crime scene/ room.
4. Condition of the crime scene.
5. Area from which valuable articles were removed
6. Articles left at the scene.
7. Trace evidence, such as hairs, fibers, footprints and cigarette butts.
8. Tool marks and impressions of shoes or tire tracks.
9. Fingerprints as well as articles on which these prints may be found.

4. SKETCHER - Make sketches of the immediate, background and inside the

scene of the crime.

5. MASTER NOTE
TAKER The one who write 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 and other relevant data that's should be taken down note.
 6. EVIDENCE MAN - The one in charge in the collection, preservation, tagging
of the articles of evidence found at the crime scene.

7. MEASURER- Makes all relevant measurements of the scene such as: the
distance of the body of the victim to the firearm used; in motor vehicle collision,
the distances of the two vehicles to the points of references.

SOME MATERIALS NEEDED IN RESPONDING TO THE SCENE

 1. Searching Materials Examples: flashlights, magnifier, etc.

2. Sketching Materials-Examples: chalk, graphing paper,

sketching pad, clipboard, paperboard, pencil/ ballpen, etc.
3. Measuring Materials - Examples: compass, tape
measure, ruler, etc.
4. Recording Materials - Examples: tape recorder, video recorder, etc.

5. Collecting Materials - Examples: such as cutting fliers, knife, screw device,

dropper, forceps, fingerprinting equipment, etc.

6. Preserving Materials Examples: bottles, envelopes, test tubes, evidence tags/

label, etc.
The Crime Scene Search, this includes a diligent and careful method by the

investigator to recognize, Identify and preserve crime scene to include physical

evidence.

THE MECHANICS OF SEACRHING THE CRIME SCENE

1. Strip Method = The searchers (A, B, and G proceed slowly at the same pace
along the path parallel to one side of the rectangle. At the end of the rectangle, the
searchers turn and proceed back along new lanes but parallel to the first
movement.

2. Double Strip or Grid -Method Is somewhat similar to Strip Method, the rectangle
is traversed first parallel to the bas and then parallel to the side.

3. Spiral Method -the investigator may proceed Inward Spiral method = one or two
investigators (from the outside) and or Outward Spiral Method = one
searcher(from the center).

4. Wheel Method -This type of searching the crime scene is applicable to areas
which are somewhat circular in size or area. The searchers shall assemble at the
center of the crime scene, then simultaneously searching the crime scene
outward.

5. Zone or Sector Method - The area to be searched is divided into quadrants and
each searcher or a group of searcher is assigned to the quadrant.

As search is in progress, the investigator shall identify pieces of evidence by putting

a tag and for collection purposes.
1. Collecting Evidence. This is accomplished after the search is completed, the
rough & finished sketch and photographs is required.

Things to consider in collecting of evidence;

1. Gloves must wear by the investigator.

2. Fragile evidence should be collected as they are found.

3. The firearm should be lifted using string or handkerchief in its trigger guard to
avoid destruction of possible latent prints in the firearm. All firearms (Fas) found to
have tampered serial number (SNs) shall be automatically subjected to macro
etching at the Philippine National Police Crime Laboratory (PNP-CL). A
corresponding report to the Firearms and Explosive Office(FEO) must be made for
verification purposes. In the collection, the investigator should touch the evidence
only when necessary.

4. Liquid evidences such as blood, mucous, urine and other body fluid can be
collected using dropper and stored in a sealed container to maintain the same
physical nature as found in the crime scene. However, clotted blood and other
hardened evidences can be collected by scraping with the use of any available
instrument. Samples are very important for laboratory testing.

2. Marking Evidence- As evidence is collected. it is individually marked with the

initials of the investigator. The marking tool depends upon the nature of the
evidence. If it is a hard object such as metals, the initial are scratched or engraved
by the use of sharp-pointed steel, which is called stylus.

Methods of Marking Specific Evidence

● Revolvers must be marked separately on the BARREL, FRAME, BUTT,

CYLINDER, and STOCK. Tape should also be put around the bore and the
frame of the gun with signature of the investigator.

● Pistols must be marked on the BARREL, FRAME, BUTT, MAGAZINE, and

STOCK. Tape must also be put around the gun with signature to avoid
changing the parts of the gun that may affect the result of laboratory
examination.

● Rifles should be marked on the BARREL, FRAME, MAGAZINE, BOLT OR

SLIDE. magazines and accessories shall also marked. All
 ● Revolver Cylinder - Aside from the mark on the cylinder, the chamber facing
the firing pin must be marked as soon as it is opened for examination. A
drawing must depict the chamber facing the firing pin, the respective position
of the fired empty shells, misfired or dud cartridges. be

● The direction of the rotation of the cylinder must also be sketched and noted.
Colt revolvers have a clockwise direction of rotation of the cylinder. Smith and
Wesson revolvers have a counter clockwise direction of cylinder rotation.

Fired Empty Shells, Misfired Cartridges

Strictly regulations say they must be marked inside the mouth of fired empty
shells. It is nearly impossible to mark them inside the mouth, especially .22 caliber
shells. But they could be marked on the side of the body of the shells, not on the
base.

It should be admitted that there is really the big difference of what is being
practiced in reality and theoretically written in books. The lesson is, for as long as
the evidence can be properly marked and kept as evidence.

● BULLETS/ SLUGS/ BALLS - A bullet or slug can be marked on the ogive or

nose as well as in the base. The initials of the investigators and/ or date
should be marked on those parts so that the riflings (land and grooves) found
in the bullet or slug will not be disturbed because they are very important for
laboratory examination.

● Shotgun balls when collected in the crime scene should also be put into
container with tag that indicates where it was found with some relevant
measurements aside from what is sketched.

● Every collected evidence is marked through the initial of the investigator. If

they are of the same class or type such as Cal 45 caliber fired empty shells,
they are marked consecutively such as: MJB 1, MJB 2, MJB 3 and so forth
and so on, depending on the initials of the investigator.

3. Removal of evidence - The investigator places his initials, the date and time of
discovery on each item of evidence and the time discovery on each items of
evidence for proper identification. Items that could not be marked should be
placed in a suitable container and sealed.

4. Tagging Evidence - Any physical evidence obtained must be tagged before its
submission to the evidence custodian.
- Evidence which by their nature could not be marked on each surface such as
blood, hairs, fibers, are placed in the plastic container where that container is
then marked, we call such practice as tagging the physical evidence with the use
of card where the initials the investigator, date and time of collection, specific
case and other information can be written.

5. Evaluation of Evidence - Each item of evidence must be evaluated in relation to

all the evidences, individually and collectively.

6. Preservation of Evidence - It is the investigator's responsibility to ensure that

every precaution is exercised to preserved physical evidence in the state in which
it was recovered/ obtained until it is released to the evidence custodian.

7. Releasing the Scene - The scene in not released until all processing has been
completed. The release should be effect at the practicable time, particularly when
an activity has been closed or its operations curtailed.

The following principles should be observed in handling all types of evidence:

1. The evidence should reach the laboratory as much as possible in same

condition as when it is found.
2. The quantity of specimen should be adequate. Even with the best equipment

available, good results cannot be obtained from insufficient specimens.

3. Submit a known or standard specimen for comparison purposes.

4. Keep each specimen separate from others so there will be no intermingling or

missing of known and unknown material. Wrap and seal in individual;
packages when necessary.
5. Mark or label each piece 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 in this chain
of custody may make the material inadmissible as evidence in court.

Chain of custody refers to the number of persons who handled and possessed the
pieces of evidence the moment that they were collected, marked and tagged, up to
the time of the final disposition of the case.
 The basic rule is to limit the chain of custody to avoid tampering, substitution or
loss. If the evidence needs laboratory examination, the investigator must submit
direct to the laboratory without delegating it to the other persons.

The submission is accompanied by a written request and to be officially

receipted by the receiving officer of the laboratory. The receipt must have legible
identification of the receiver, together with his signature, time and date of receipt. If
the evidence requires no laboratory examination, it must be submitted to the
Evidence Custodian duly receipted.

Theory is the imaginative contemplation of reality, direct intellectual

apprehension, insight or body of generalizations and principles developed in
association with the practice in a certain field of activity. Theories serve as bases of
the investigator to come up with a lead relevant to the investigation.

Field inquiry

Is the general questioning of all persons at, near or around the crime scene for
purposes of gathering information about the crime.

Before a criminal investigation be true, it should include its elements such as

recognition, collection, preservation, evaluation and presentation (RCPEP) in the
court.

 Recognition involves the efforts of identifying data, including physical

things that may provide relevant information regarding the criminal case
being investigated. That is why recognition is otherwise known as
identification stage of investigation.

● Collection, which refers to the act of gathering those identified data or facts,
or physical things that are significant to the case under investigation.
Collection maybe done by scraping the bloodstains found at the crime scene,
interviewing the neighbor who saw the burglary, or examination of drug
dealer's bankbook.

● Preservation. It is a function that is almost simultaneously performed during

the collection stage. It includes act of keeping the collected evidences in their
true and original for, preventing contamination or destruction of its substantive
value. Preservation does not only involve the process of packaging physical
evidences in order that they can be safely transmitted to the evidence
custodian or to the crime laboratory. It covers the process of maintaining the
 objectivity of facts or information that has been gathered from the testimony
of witnesses, victims or other persons involved in the criminal case.

● Evaluation is the process of determining the probative value of the evidence.

Probative value refers to the strength of the evidence or its worth/weight in
successfully establishing a proof that a crime has in fact been committed and
that the suspects/accused is the one who is responsible for it.

● Presentation is the function that is primarily manifested inside the courtroom.

The investigator, with the help of the prosecutor, must be able to present facts
and information in a very simple and convenient manner in order to convince
the court and other parties involved in the criminal case about the validity and
truthfulness of the evidences they are trying to prove or establish

What are the Uses and Purposes of the 5Ws and H?

1. Aid the investigator in searching the crime scene or other places which
maybe sources of evidence,
2. Guide the investigator in formulating questions in interviewing complainant,
witnesses and other interested parties or in the process of interrogating a
suspect.
3. Assists the investigator and the desk officer in making brief statements of
facts in the logbook/ police blotter and in reports.
4. Help the investigator in preparing the MODUS OPERANDI report - How the
crime perpetrated?
5. Assist the investigator in furnishing a concise criminal investigation report.

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.

1. Who reported the crime? Who discovered the crime?

2. Who saw how the crime was perpetrated?
3. Who is the victim? Who had any misunderstanding with him?
4. Who is the offender/perpetrator/culprit? Who are the companions, associates,
or accomplices of the perpetrator?
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.

1. What happened?
2. What specific actions did the suspect/victim/ witness do?
3. What is the nature of the crime?
4. What was/were the weapons/s or tools/s used by the culprit?
5. What are the evidences discovered at the crime scene?

WHERE QUESTIONS: These are questions that localize the place of the incident-
the city or town, the district of 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.

1. Where was the crime discovered?

2. Where did the offense take place?
3. Where are the victims, witnesses or culprits?
4. Where do the victims/witnesses/culprits live?
5. Where was the suspect seen or apprehended?
6. Where are the weapons or tools used in committing the crime?
7. Where did the investigator secure or obtain the evidences?

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.

1. When was the crime committed?

2. When was it discovered?
3. When was the police notified?
4. When was the victim last seen?
5. When was the suspect arrested?

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.

1. Why did the offender do it?

2. Why did he kill his victim?
3. Why didn't he just let the victim go?
4. Why didn't the suspect surrender?
HOW QUESTIONS: These are 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 are sere significant in preparing the
modus operandi file or report.

1. How did the suspect get near to his victim?

2. How did he perform the crime?
3. How did the criminal get all the necessary information?
4. How did the criminal get away from the crime scene?
5. How was the crime scene search conducted?

Starting Points of the Criminal Investigation

1. State the problem - the problem would be; to identify, locate and arrest the
perpetrator of the crime and attempt to recover all stolen property in a thorough legal
manner designed to ensure the greatest probability of justice

2. Form hypothesis -to construct an explanation for an occurrence by knowing the

ff,

a. Motive that which causes a person to act in a certain manner

b. Knowledge/opportunity- given chance to commit crime

C. Means/Instrumentality- the things used to commit crime

3. Observed and Experiment - serves as a check for the hypothesis that is

incorrect or correct.

4. Interpret Data - interpret results of final observations and experimentation

5. Draw conclusion

a. Has the stated problem been answered?

b. Does evidence support hypothesis?

c. Has each stage of investigative method been conducted in a legal manner?

d. Does data interpretation support

recommendation for prosecution?