CDI SEMI-FINALS

Philippine National Police (PNP) - The primary police

force in the country are vested with the power to effect
investigation of cases as a result of crime commission .

Police power - is necessary as it is one of the regulatory

means of the government to control, maintain, and
ensure that the conduct of its people is within is within
the bounds of the law.

Investigative police power – is defined as the capacity of

the police to initiate investigation of cases which
violated the law.

mandatory obligation of the police to conduct an

investigation as it is one of their primary functions

Presumption of Innocence - is based on the principle

that every person subjected to a criminal case is
deemed considered innocent unless proven to be guilty
beyond reasonable doubt.

Conviction - is a judgement rendered by the trail court

that the accused person is guilty of the crime charge
against him.

Substantive Criminal Investigation - refers to the

knowledge, nature and implication of the different
crimes that investigator should know and possess.
Procedural Criminal Investigation – refers to the
knowledge regarding the rules on how pieces of physical
evidence should be processed in order to maintain its
integrity during the presentation and be given credit by
the trial court.

Interview And Interrogation

INTERVIEW - is the questioning of a person believed to

possess knowledge that is of official interest to the
public safety investigator.

Probably the most demanding and least mechanical

phase of investigative work is the interview and
interrogation

Mental weakness - because of stupidity or infancy or

other related factors

Moral weakness - because of drunkenness (drug

addiction, his being a pathological liar or similar factors)

Emotional weakness - springing from such sources as

family problems, hatred, shock, revenge, and even love
or sympathy

Interview Format

The interview of a witness can be described by the

acronym “IRONIC”
IRONIC Stands for :

I - Identity
R - Rapport
O - Opening Statement
N - Narration
I - Inquiry
C - Conclusion

Identity - Prior to commencing interview, the

investigator should identify himself to the witness by
name, rank and agency. The witness also obtains names
of a person to contact in the future , if necessary.

Rapport - The affinity may be established by presenting

a good appearance, to be a cordial and understanding
attitude and by otherwise allying the witness fears.

Opening Statement - the investigator will need to

indicate why witness is being contacted. However, the
witness should be told no more about the reason for
contact than fairness requires

Narration - the investigator should allow the witness to

present whatever information he possess as a narrative
in his own words. Interruptions should be made only to
keep the witness on tract and eliminate non-pertinent
information

Inquiry - the investigator may then ask specific questions

to fill in omitted acts, clarify ambiguous statements,
verify names, dates and other details and insure that all
pertinent information has been extracted.

Conclusion - The interview should be concluded when it

becomes apparent that the witness has nothing
pertinent left to offer.

General Kinds of Interview

Cognitive Interview – this is conducted to a willing and

cooperative witnesses, where they are given the full
opportunity to narrate their accounts without
intervention, interruption and interference from the
interviewer

Question and Answer - The interviewee is required to

answer on what he he/she knows about what is being
asked.

Qualities of a Good Interviewer

1.Rapport - refers to the good relation between the

interviewer and the interviewee, which is conducive to a
fruitful result.

2.Forceful Personality - - The appearance of the

interviewer and the other qualities such as skills of
communication techniques or the force of language are
the mainstays of the strength of his character. He/she
must be understanding, sympathetic and without
showing official arrogance, vulgarity of expressions and
air superiority.

3.Knowledge on psychology and psychiatry - this will

help the interviewer determine the personality and
intelligence of the subject; he/she must go down and up
to the level of understanding of his/her particular
subject

4. Conversational tone of voice - the interviewer must

know how to appropriately use his/her voice normally,
without unusual loudness that may affect the interview
process

5. Acting Qualities - He/she must possess the qualities of

an actor, salesman and psychologist and know how to
use the power of persuasion. This is done to convince
the person to disclose what he/she knowns about the
issue being investigated.

6. Humility - He/she must be courteous,, sympathetic

and humble, ready to ask apologies for the
inconvenience of the interview. This is usually done at
the end of interview that may given a good impression
to the person being interviewed

Phases of Interview

1. Preparation - investigator must review the facts at the

crime scene and information from other sources in
order that he/she would be ready for the questioning.
2. Approach - This is done through investigator’s careful
selection of the kind of approach to use, which maybe a
single kind, a combination of two or the application of
all techniques.

3. Warming Up - This is done by preliminary or

exploratory questions to clear the atmosphere or
promote a conducive place for cordiality, respect and
trust for each other.

4. Cognitive Interview - It is done only after the

completion of the uninterrupted narration that the
investigator begins the direct and cross examination.

Saving Face - Embarrassing questions on the subject on

matters of exaggeration or honest errors about time ,
distance and description can be avoided if the
investigator will cooperate with the subject “to save his
face”. The investigator should not fault or ridicule the
subject on these matters.

Yes and No Answer - Do not ask questions which could

be answered by yes or no only. It will curtail the
complete flow of information and will lead to inaccuracy.

INTERROGATION

Interrogation - is the vigorous and confrontational

questioning of a reluctant suspect about his/her
participation in the commission of crime. It is
confrontational in the sense that the investigator places
the guilt on the suspect. This process can also be applied
to an uncooperative and recalcitrant suspect/witness

Interrogation is one of the most difficult but most

interesting phases of criminal investigation and
detection. It is the challenging battle of wit between the
investigator and the suspect. It is a mental combat
where the weapon is intelligence and the use of the art.
Victory depends upon proper and effective use of art.

The Golden Rule of Interrogation

“Make him admit something, no matter how small or
trivial. Usually the first admission will lead to another. In
securing the first admission is the biggest stumbling
block in dealing with tough suspects”

Voluntariness - the statement of a person being

interrogated must have been made voluntarily and must
not be the product of threat, fear, fraud, coercion and
other improper tactics

Fundamental Classification of Cases

1. Hot Case - is one where the violation of law or

regulation has just been unearthed or discovered and
the suspects and the witnesses to the case are still
emotionally affected, upset or involved.
2.Cold Case - is a dormant case where the witnesses and
the suspects have had the luxury or ample time to mull
over the ramification of the case and to put up their
respective alibi or defenses or other forms of subjective
impression of the case.

Privacy - being alone with the person under

interrogation. This we all seem to instinctively realize in
his own private or social affair but interrogation is a
generally overlooked or ignored.

Techniques of interrogation

Emotional Appeal - This is applicable to first time

offenders or those who are the emotional type of
characteristics displayed by nervousness or emotional
disturbances.

Sympathetic Approach - An offer of help, or kindness,

friendliness, may win his cooperation.

Friendliness - A friendly approach coupled with a

posture of sincerity may induce the suspect to confess.

Trick and Bluff Techniques

Pretense of solid evidence - The investigator bluffs the

suspect that even if he/she will not confess, there is
enough evidence to send him/her to jail.
Weakest Link - the weakest link will be told that his/her
companions had already confessed and that this
weakest link had dealt the fatal blow or that he received
the lion share if the loot in order to intrigue him

Drama - the weakest link maybe used to fake pain and

agony by ordering him/her to shout, accompanied by
banging a chair on the wall to make it appear that a
commotion is going on.

Feigning contact with family members - the suspect

could be tricked that the investigator had gone to the
residence and the family members had supplied facts
against the suspects.

Line up - The witnesses victims or complainant are

previously coached about the identify of the suspect.

Reverse Line up - This will cause the suspect to become

desperate and confess only to the case under
investigation, to avoid from being charged on false
accusations.

Stern Approach - the investigator displays a stern

personality toward towards the suspects

Jolting - investigator selects the right moment to shout a

pertinent question in an apparent righteous outrage

Opportunity to lie - He/she is questioned about his/her

personal life, family, friends, and his/her knowledge
about the complainant and witnesses. This is repeated
many times to include the investigator focusing
questions about the knowledge of the suspect of the
crime.

Rationalization - Is the use of reasons which is

acceptable to the subject that led to the commission of
crime

Projection - It is the process of putting the blame to

other persons, not alone to the suspect.

Minimization - Is the act of minimizing the culpability of

the suspect. The investigator convinces the suspect that
a confession will reduce the offense and the penalty

Lie - a false statement made with deliberate intent to

deceive

TYPES OF LIAR

Panic Liar - one who lies in order to avoid consequences

of a confession. he believes that the confession will just
make the matter worst

Occupational Liar - This person is a practical liar and lies

when it has a higher “pay off” than telling the truth.

Tournament Liar - The person views an interview as

another contest and wants to win. they Love to lie and
is excited by the challenge of not being detected.
Psychopathic Liar - The most difficult type because the
person has no conscience. He shows no regret for
dishonesty and no manifestation of guilt.

Ethnological Liar - used by underworld gang in order for

their member not to reveal any secret of their
organization

Pathological Liar - a person who cannot distinguish right

from wrong. He is an insane person

Black Liar - A person who always pretend

KINDS OF LIE

Benign or white lie - kind of lie which is most common of

all which is intended to protect

Red Lie - this involves political interest and motivates

because this is part of community propaganda strategy

Black Lie - A lie which accompanies pretensions and

hypocracies, intriguing can cause dishonor or discredit
or one’s good reputation.

Malicious and Judicious Lie - this is very pure and

unjustifiable kind of lie. This is intended purely to
mislead justice

TYPES OF LIE
Direct Denial - an act in question that creates an
emotional sense of disturbance.

Lie of Omission - this type of lie people usually used

because it is simple to tell. Individuals who make use of
this type of lie will tell the truth while omitting details
that could create possible troubles.

Lie of Fabrication - this is the most difficult type of lie

that subject could use in an interview

Lie of minimization - this type of lie, the individual will

accept that something has occurred but downplays the
implication. the person covers the truth for his/her own
benefit.

Lie of Exaggeration - a lie often used to exaggerate

things for the hope of obtaining some advantage.

SIGNS OF LYING

Verbal Clues – it includes words that are spoken, speed

of delivery of the words, tone of voice and the tense of
the language

Method of responding to questions – it is a clue of

deception and truthful people tend to be direct while
untruthful people tend to be cautious about their
answers
Length of time before giving response – truthful persons
answers questions immediately after the question is
asked while untruthful persons takes time in giving
response.

Repetition of question – use to gain time to frame

his/her answer The question maybe repeated word for
word, or the subject may frame the answer with a
request to repeat the question.

Fragmented or incomplete sentences - untruthful

sentence often speak in disjointed or curtailed
sentences.

Being overly polite – Anger is a common response to an

unjust accusation, as well as answering the statement

Oaths - lying persons frequently utters oaths, such as “I

swear to God, I didnt do it”or“I swear to my father’s
grave”

Clarity of Response – honest people tend to be very

clear in their answers, while untruthful persons tend to
speak softly and broaden their answers.

Use of Words - truthful subjects have no trouble denying

the allegation in precise terms, while untruthful ones
will have problems with the use of words
Assertiveness – truthful persons are confident about
their innocence and deceitful ones are not confident
unless they are practiced liars

Inconsistencies – contradicting statement made by the

witness are one of the best indicators of dishonesty

Slip of the tongue - liars quite often slip up and divulge

themselves without noticing their statements

Tirades – people who are deceptive sometimes reveal

more than a word or two, as in the slip of the tongue.

Pauses – it is the gap in the speech pattern may be one

the reliable clue of deception

Speed of speech – person who are tense or upset

frequently increases the swiftness of their speech,
words tend to run together and the conversation can be
fragmented.

Non-verbal clues – it encompasses patterns in the body

movements, gestures, facial expressions, body posture,
positioning and movements used to explain chosen
words.

Emblems – are often performed deliberately, these are

expression made with the body, whose meaning are
clearly understood.
Manipulators - usual behavior of touching one’s self. It
encompasses grooming the hair, wringing the hands,
picking imaginary fur from a coat.

Breathing – occur under prolonged period of stress,

hyperventilate.( an involuntary movement, nothing to
do with lie.)

Sweating – it is another uncontrolled body function.

Perspiration occurs with heat as well as with emotion.

Frequent swallowing - a dry mouth frequently

accompanies deep emotion.Often the subject is not
aware of increased efforts at swallowing

Facial muscles – other muscles are not easy to control

but people can control certain muscles with spirit.

Eyes – it is most likely express as much emotion as any

part of the anatomy

Rapid blinking - can signal emotional stress in the eyes

Pupil dilation – is an involuntary response and beyond

the control of the subject

Face - People believe that that lies will commonly show

up in the face and eyes
Reddening or blushing - is supposed to be a sign of
embarrassment and cannot be controlled and indicate
strong emotion and is not reliable sign of deception

SEARCH AND SEIZURE

Section 1. Search warrant defined — A search warrant 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 search for personal
property described therein and bring it before the court.

Section 2. Court where application for search warrant

shall be filed — An application for search warrant shall
be filed :
1. In Any court within whose territorial jurisdiction a
crime was committed or;
2. For compelling reasons stated in the application, any
court within the judicial region where the crime was
committed if the place of the commission of the crime is
known.
3. or in any court within the judicial region where the
warrant shall be enforced.

If the criminal action has already been filed, the

application shall only be made in the court where the
criminal action is pending

Section 3. Personal property to be seized — A search

warrant may be issued for the search and seizure of
personal property
1. Subject of the offense Stolen
2. or embezzled and other proceeds, or fruits of the
offense
3. or Used or intended to be used as the means of
committing an offense.

Section 4. Requisites for issuing search warrant — A

search warrant shall not issue except upon probable
cause in connection with one specific offense to be
determined personally by the judge after examination
under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing
the place to be searched and the things to be seized
which may be anywhere in the Philippines.

Section 5. Examination of complainant; record — The

judge must, before issuing the warrant, personally
examine in the form of searching questions and answers,
in writing and under oath, the complainant and the
witnesses he may produce on facts personally known to
them and attach to the record their sworn statements,
together with the affidavits submitted

Section 6. Issuance and form of search warrant — If the

judge is satisfied of the existence of facts upon which
the application is based or that there is probable cause
to believe that they exist, he shall issue the warrant,
which must be substantially in the form prescribed by
these Rules.
Section 7. Right to break door or window to effect
search — The officer, if refused admittance to the place
of directed search after giving notice of his purpose and
authority, may break open any outer or inner door or
window of a house or a house or anything therein to
execute the warrant or liberate himself or any person
lawfully aiding him when unlawfully detained therein

Section 8. Search of house, room, or premise to be

made in presence of two witnesses — No search of a
house, room, or any other premise shall be made except
in the presence of the lawful occupant thereof or any
member of his family or in the absence of the latter, two
witnesses of sufficient age and discretion residing in the
same locality.

Section 9. Time of making search — The warrant must

direct that it be served in the day time, unless the
affidavit asserts that the property is on the person or in
the place ordered to be searched, in which case a
direction may be inserted that it be served at any time
of the day or night.

Section 10. Validity of search warrant — A search

warrant shall be valid for ten (10) days from its date.
Thereafter it shall be void.

Section 11. Receipt for the property seized — The officer

seizing property under the warrant must give a detailed
receipt for the same to the lawful occupant of the
premises in whose presence the search and seizure
were made, or in the absence of such occupant, must, in
the presence of at least two witnesses of sufficient age
and discretion residing in the same locality, leave a
receipt in the place in which he found the seized
property.

Section 12. Delivery of property and inventory thereof

to court; return and proceedings thereon.

(a) The officer must forth with deliver the property

seized to the judge who issued the warrant, together
with a true inventory thereof duly verified under oath.

b) Ten (10) days after issuance of the search warrant,

the issuing judge shall ascertain if the return has been
made, and if none, shall summon the person to whom
the warrant was issued and require him to explain why
no return was made. If the return has been made, the
judge shall ascertain whether section 11 of this Rule has
been complained with and shall require that the
property seized be delivered to him. The judge shall see
to it that subsection (a) hereof has been complied with

c. The return on the search warrant shall be filed and

kept by the custodian of the log book on search
warrants who shall enter therein the date of the return,
the result, and other actions of the judge.

Section 13. Search incident to lawful arrest — A person

lawfully arrested may be searched for dangerous
weapons or anything which may have been used or
constitute proof in the commission of an offense
without a search warrant

Section 14. Motion to quash a search warrant or to

suppress evidence; where to file — A motion to quash a
search warrant and/or to suppress evidence obtained
thereby may be filed in and acted upon only by the
court where the action has been instituted. If no
criminal action has been instituted, the motion may be
filed in and resolved by the court that issued the search
warrant. However, if such court failed to resolve the
motion and a criminal case is subsequent f iled in
another court, the motion shall be resolved by the latter
court.

Checkpoints - must always be authorized by the PNP and

mannered by uniformed PNP personnel assigned in the
area.

right-based policing - Becomes a focal point in the

agenda of the PNP leadership, the conduct of police or
law enforcement must be in compliance with human
rights standard

Following are the rules on military/police checkpoints:

1. Checkpoint must be well-lighted, properly identified,

and manned by uniformed personnel.
2. Upon approach, slowdown, dim headlights, and turn
on cabin lights. Never step out of the vehicle.
3. Lock all doors. Only visual search is allowed.
4. Do not submit to a physical or body search.
5. You are not obliged to open glove compartment,
trunk or bags.
6. Ordinary/Routine questions may be asked. Be
courteous but firm with answers.
7. Assert your rights, have presence of mind and do not
panic.
8. Keep your driver's license and car registration handy
and within reach.
9. Be ready to use your cellphone at anytime. Speed Dial
emergency number.
10. Report violations immediately. Your actions may
save other

no tint or clear window - policy among marked police

vehicles and similar official vehicles to help boost the
confidence of the community on authorities.

A. Only mobile checkpoints are authorized and they

shall be established only in conjunctions with on going
operations. Only official and marked vehicles shall be
used in establishing mobile checkpoints.

B. Checkpoints may be established when there is a need

to arrest a criminal fugitive in justice.

C. The conduct of searches, seizures, and arrest in

checkpoints shall be done with civility and with due
respect to innocent passers-by, commuters or
bystanders
D. The areas where the checkpoints shall be established
must be properly lighted and legible and clear signs shall
be exhibited to show that searches are being conducted

E. Enforcement officers manning the checkpoints shall

be in proper uniform at all time with the identification
cards nameplates on.

F. Personnel manning checkpoints shall always be led by

an officer with the rank of police inspector at least.

G. Checkpoint personnel shall not mull, extort, or harass

drivers, passenger, traders etc.

The following shall be observed when checkpoints are

ignored

A. In the event that checkpoints/roadblocks are ignored

and the motorist/suspects bump the road block in an
attempt to elude arrest or avoid inspection, the team
leader shall immediately contact adjacent units to
inform them of the situation and immediately conduct
dragnet operations, while those at the checkpoint shall
pursue the errant fleeing motorists

B. Warning shot shall be discouraged due to confusion it

may create fir the driver and passengers of the vehicle.
Megaphones or police siren shall be used instead during
the pursuit. The Plate number of the vehicle shall be
noted and given to other units in adjacent areas to
prevent the possibility that the vehicle may elude the
pursuit operation

C. In the event that the occupants of the vehicle open

fire in the personnel manning the checkpoint reasonable
force to overcome the suspect’s aggression may be
employed

Raid - is a surprise invasion of a building or area. and is

usually made after careful investigation and when other
method of accomplishing the mission is not suitable

Purpose of a Raid

Objectives of raid
1. To effect apprehension.
2. To obtain evidence of illegal activity.
3. To recover stolen property

Effectiveness of a Raid
1. Size of the raiding party
2. Surprises
3. Speed
4. Superiority of arms
5. Simplicity of plan and operation

Qualifications of Raid Team

1. Leadership ability
2. Good judgment
3. Tactfulness
4. Coolness and stability
5. Experience
6. Discipline
7. Steady nerves and mental stability

Composition of a Raiding Team

1. Raid Commander
2. Assistant Raid Commander
3. Covering or Surrounding party
4. Coin-in detail or entering party
5. In charge of raiding vehicle
6. In charge of rendering inoperative to the subject’s
vehicle, if any
7. Recorder who should keep log of the raid, gather
evidence., make inventories and testify in court.
8. Photograph

Duties of covering or surrounding party

1. Covers the approach of going-in detail or entering
party
2. Prevents the escape of criminals
3. Covers the entire area of the building
4. Neutralize fire of barricaded criminals

Duties of going-in detail or Entering Party

1. Call for the surrender of criminal
2. Effects arrests of criminals
3. Incapacitates and dislodge criminals
4. Search for pieces of evidence

Coordination - is an essential element in the success of

the raid.
The raiding party should act as a Team.

This gesture of coordination is not only a manifestation

of courtesy but also a safety measure to avoid the
possibility of a mistake encounter.

The following should be avoided during the conduct of

raid.
1. Don’t take unnecessary chances.
2. Don’t underestimate the ability or courage of the
subjects.
3. Don’t raid when not properly prepared.
4. Don’t endanger the lives of bystanders
5. Don’t use raiders that are not well-acquainted with
each other
6. Don’t forget gas mask when employing tear gas
7. Don’t make unnecessary rough on the subjects
8. Don’t shoot to kill unless very imperative.
9. Don’t touch the evidence unless seen by witnesses, or
by the owner of occupant of the place.

Seizure during raid operation shall be performed

through the following guidelines.

Seizure during raid operation shall be performed

through the following guidelines.
1. Weapons that maybe used against the raiding party
2. Articles which might be used as a means of suicide.
3. Articles which might be used in escaping
4. Articles which maybe used in the commission of the
crime.
5. Proceeds or fruits of the crime

Disposition of money and other valuable property.

1. Money should be counted and the serial number of
bills should be noted.
2. Valuables should be sealed a property envelope in the
presence of the arrested person/owner.
3. Property envelope should show a complete inventory
of the firearms
4. The arrested person/owner should sign their names
5. Raiding officer should sign their name on the outer
part of the envelope.
6. A receipt should be given to the arrested
person/owner. However, this is qualified by the decision
of the Supreme Court declaring as inadmissible in
evidence the receipt for property seized, signed by the
accused, in case where more possession of the items
seized is punishable

Disposition of articles not covered in search warrant.

1. If the articles are illicit or contraband, the same must
be seized
2. Such articles may be used as evidence to prosecute
the person.
3. Non-contraband articles must be returned to the
owner or must not be seized in the first place