E.

QUESTIONED DOCUMENTS

DOCUMENT – is any written document by which a right is established or an obligation is

extinguished.

KINDS OF DOCUMENTS

PUBLIC DOCUMENT – is any instrument notarized by a notary public official with

solemnities required by law.

OFFICIAL DOCUMENT – any instrument issued by the government or its agent or its officer
having the authority to do so and the office.

PRIVATE DOCUMENT – every deed or instrument executed by a private person without the
intervention of a notary public or of any other person legally authorized, by which documents,
some disposition or agreement is proved, evidenced or set forth.

COMMERCIAL DOCUMENT – any instrument executed in accordance in the code of

commerce or any mercantile law, containing diphase
CLASSIFICATION OF PRISONERS

1. Nat’l or Insular Prisoner ~ 3yrs and 1day to death

2. Provincial Prisoner~ 6months and 1day to 3yrs

3. City Prisoners~ 1day to 3yrs

4. Municipal Prisoner~ 1day to 6months

FREE NOTES in CRIMINOLOGY for those who will self review.

Introduction to Criminal Investigation

1. Definition of Criminal Investigation

Criminal Investigation is the collection of facts in order to accomplish the three-fold aims – to
identify the guilty party; to locate the guilty party; and to provide evidence of his (suspect) guilt.

2. The Anatomy of Crime

For any crime to happen, there are three elements or ingredients that must be present at the same
time and place. These are the Motive, the Instrumentality and the Opportunity.
 A. Motive refers to the reason or cause why a person or group of persons will
perpetrate a crime. Examples are dispute, economic gain, jealousy, revenge,
insanity, thrill, intoxication, drug addiction and many others.

B. Instrumentality is the means or implement used in the commission of the crime. It

could be a firearm, a bolo, a fan knife, an ice pick, poison or obnoxious substance,
a crow bar motor vehicle, etc. Both the Motive and Instrumentality belong to and
are harbored and wielded respectively by the criminal.

C. Opportunity consists of the acts of omission and/or commission by a person (the

victim) which enables another person or group of persons (the criminal/s) to
perpetrate the crime. Illustrative examples include leaving one’s home or car
unattended for a long time, walking all alone in a well-known crime prone alley,
wearing expensive jewelries in slum area, readily admitting a stranger into one’s
residence and the like. Opportunity is synonymous with carelessness, acts of
indiscretion and lack of crime prevention-consciousness on the part of the victim.

3. Four (4) Reasons Why Crime Should Be Investigated

A. Future deterrence of Offenders

- The identification and punishment of a criminal offender will hopefully

deter him from other misconduct in the future.

B. Deterrence to Others

- Identification and punishment of an offender may likewise deter others

from engaging in similar undesirable activities.

C. Community Safety
 - The investigative process also promote public safety by identifying and
bringing to court persons who pose a serious threat to the safety of the
community due to violent or otherwise strong anti-social behavior.

D. Protection of the innocent

- Finally, accurate investigations help to insure that only conduct which is

in fact criminal is punished, and the innocent parties will not be
subjected to prosecution.

4. Two (2) Types of Criminal Investigation

A. Investigation while the suspect is under arrest and detention;

General Rule; A person arrested by virtue of warrant of arrest is not covered by criminal
investigation and must not be placed under custodial interrogation for obvious reason that he is
already held accountable to that particular crime before the court of justice.

Exemption to the Rule:

1. When the person arrested by virtue of a warrant of arrest is likewise being held for a
separate distinct criminal complaint which is the subject matter of another criminal
investigation.

2. When the person arrested by virtue of a warrant of arrest is charge in court as “Jhon Doe”
or “Richard Doe”, and for which criminal investigation is a necessary incident to
establish his real identity, name surname through cartographic sketches and available
witnesses.
 3. A person placed under arrest as an incident to the execution and implementation of a
search warrant found in possession of recently stolen articles.

B. Investigation while the suspect is “at large” (Meaning- not under arrest and
detention, as distinguished from: - “fugitive from justice”)

The term “at large” Is not synonymous to “fugitive from justice”, the former not being a wanted
person in the eyes of the law, and therefore cannot be lawfully arrested without a warrant. The
later is necessarily an escapee from detention or an escaped prisoner while serving sentence by
virtue of a final judgment rendered by a court of competent jurisdiction that can be legally
arrested (par. [c], Sec. 5, Rule 113, Rules of Court without the necessity of the court.

5. Police Operation distinguished from Police Investigation

A. Police Operation is a lawful clandestine intelligence and detective networking to

gather information and evidences to determine with certainty the commission of a
crime, the identity of the perpetrators thereof, and as may be necessary, to arrest
the culprits under those instances as authorized by law.

The action whereby a person is subjected to:

1. A warrantless arrest “inflagrante delicto”; or

2. A warrantless arrest in “fresh( hot ) pursuit”; or

3. A warrantless arrest as an incident to the execution of a search warrant; or,

4. A warrantless search as an incident to a lawful arrest; or

 5. An arrest by virtue of a warrant of arrest; or,

6. The arrest of escaped prisoner while serving sentence or temporarily confined while his
case is pending; or

7. While being transferred from one confinement to another.

B. The action of initiating a meticulous inquiry to a formal complaint filed by the

private aggrieved party or public complainant after the fact of the incident, but no
arrest can be legally effected against the suspect as the circumstances attendant
thereto are not those specifically allowed by law, is what is called Police
Investigation.

6. Phases of Investigations

The main objective of a police investigator is to gather all facts in order to:

A. Phase I – identify the suspect/s through

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

”Voluntary”, for purposes of confession, means that the accused speaks of his free will and
accord, without inducement of any kind, and with a full and complete Knowledge of the nature
and consequences of the confession, and when the speaking is so free from influences affecting
the will of the accused, at the time the confession was made, that it renders it admissible in
evidence against him (Wharton’s Criminal Evidence, Sec. 631[a], as cited in page 222, Evidence,
by RJ. Francisco).
 2. Admission – an admission is a voluntary acknowledgement in express terms or by
implication, by a party in interest or by another whose statement he is legally bound,
against his interest, of the existence or truth of a fact in dispute material to the issue.

Admission may either be express or implied. Admission may also be classified as judicial
admission or extra judicial admission.

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

Judicial admission are admissions made in a judicial proceeding. Thus, Sec 4, Rule 129, of the
Revised Rules of Court, expressly provides: - “An admission, verbal or written made by a party
in the course of the proceedings in the same case does not require proof”

3. Eyewitness testimony – the ideal identification is made by an objective person who is

familiar with the appearance of the accused and who personally witness the commission
of the crime.

4. Circumstantial evidence – in the absence of a confession and eyewitness, the

identification of criminal may be established indirectly by proving other facts or
circumstances from which, either alone or in connection with other facts, the identity of
the perpetrator can be inferred. Evidence of this nature, usually falls into the following
circumstances.

A. Motive – can be defined as some inner drive, impulse, intention, etc., that causes a person to
do something or act in a certain way. It may be inferred from circumstances and from the
statement of witnesses that the suspect could have been motivated by a desire for revenge or
personal gain, or jealousy.

b. Opportunity – is a circumstance which made it possible physically for the suspect to commit
the crime; or in other words, being in a position to commit the offense. He must have the access
to the scene of the crime, or have been in the vicinity and have the means available to commit the
crime.

c. Intent – is the accomplishment of the act and where it is an element in the commission of an
offense, it must always be proved. To show the identity of the criminal, intent must establish that
the criminal is aware of the consequences of his acts.

5. Associate evidence – the physical evidence found at the scene of the crime and during the
course of the investigation may serve to identify the criminal by means of clue materials,
personal property, or the characteristic pattern of procedure deduced from the
arrangement of objects at the crime scene.

(Sec.1, Rule 130, Rules of Court, as amended), explained. Object (real) evidence or Physical
evidence is the evidence of the highest order. It speaks more eloquently than a hundred witnesses
(People vs. Parcilla, 167 SCRA 722). This is the best form of evidence.

The handgun Used in killing the victim is the best evidence in a case of homicide or murder. In a
case of robbery, the force upon things like forced entry to the window shown by broken jealousy
or the recovered stolen articles found in the possession of the suspect are the best physical
evidence.

B. Phase II – Locate and apprehend suspect/s

The second phase of Investigation is concerned with locating and apprehending the offender.
This is not only frustrating but dangerous on the part of the investigator. Locating and
apprehending the suspect/s can be done through the use of informants, by conducting
surveillance, and by conducting undercover assignments.

C. Phase III – Gather and provide evidence to establish the guilt of the accused.

In proving the guilt of the accused in court, the fact of the existence of the crime must be
established; the accused must be identified and associated with the crime scene; competent and
credible witnesses must be available; and physical evidence must be appropriately identified. The
investigator must know by heart the elements of a specific crime.

7. Tools of an Investigator in Gathering Facts

A. Information – Data gathered by an investigator from other persons including the

victim himself and from:

1. Public records- information gathered from records and files of the Police, other law
enforcement agencies, Company records, Public Hospital records and others.

2. Private records- information gathered from cultivated sources such as paid informants,
bartenders, taxi drivers, and vendors and from the internet such as facebook, and others.

3. Modus Operandi file- information gathered from a CCTV camera, witnesses, and arrested
suspect/s, and from Police and other law enforcement files.

An effective criminal investigation requires accurate information. Information is required about

the characteristics and peculiarities of previous cases similar to the one under current
investigation; guidance towards suspect identification, development of leads. Of the three tools
of investigation, Information is the most important since it answers the question- “WHO IS THE
VICTIM?” If identified, and “WHO DID IT?” so as to the identity of the suspect.

B. Interview – Skillful questioning of witnesses and suspects.

Interview in crime investigation is very important as the person interviewed usually gives his
account of an incident under investigation or offers information concerning a person being
investigated in his own manner and words.
In planning an interview, an investigator as a general rule, select a place which will provide him
with a psychological advantage. He should conduct the questioning as soon as possible after the
occurrence.

A Philosophy of Interview:

The RIGHT officer

Asking the RIGHT questions

In the RIGHT manner

At the RIGHT time and in the RIGHT place

Will get the RIGHT answers

C. Instrumentation – Scientific examination of real evidence, application of

instrument and methods of the physical sciences in detecting crime.

The most common use of instrumentation is in connection with the physical evidence in the case
and the limitation of this of this tool of investigation are set by the clue materials and other traces
found at the scene of the crime. In a good percentage of cases, it will be found that there is no
physical evidence and that Instrumentation is relatively unimportant. Theft and assault, for
example, are usually committed without leaving physical evidence in the form of traces. In a
Homicide, clue materials and other forms of physical evidence are of paramount importance.
Instrumentation is found most effective in cases where physical evidence is important.

8. Investigator’s Notebook
A. Purpose: Considering the mass of details and the number of cases in which in
some instances and investigator is handling, it is very possible that he might
forget some details. Many of the details associated with investigation, while not
essential to the report, might become points of interest to the court when the case
is brought to trial. Experienced investigators employ a notebook to record the
relevant details of the case. During trial, the court allows investigators to consult
their notes to refresh their memory.

B. Recording note: The data of the investigation should be recorded in a complete,

accurate and legible fashion so that in the event another investigator is required to
assume responsibility for the investigation, he can make intelligent use of the
notebook.

C. Since investigative notes are permanent records of information, they should be

written in a manner which furthers this purpose. A good set of notes will have the
following characteristics:

1) In ink: ink does not smudge or fade.

2) Each page identified: The top of each page in the notebook should
bear the investigators name, the date, and case number or number.

3) Concise phrases: notes should be written in concise phrases

containing enough facts to refresh the investigator’s recollection
upon a later review.

4) Details: care should be taken to accurately record names, numbers,

addresses, descriptions and other details. Variations between the
evidence at trial and information in the notebook may prove
embarrassing to the officer and damaging to the case.
 5) Negative information: the results of non productive leads should be
included in the notes, so that time is not wasted contacting
witnesses or reexamining areas which have already prove futile.

6) Investigators observations: entries in the notepad contain the

“WHO, WHAT, WHEN, WHERE, WHY and HOW” for each of
the following:

The criminal event;

The victim;

The witnesses;

The suspect;

The evidence;

The investigator’s own investigation

7) Providing the “5 W’s and 1H” for each of the above categories will
ensure a complete record of the criminal investigation.

9. Characteristics of an effective investigator

A. Intellectual characteristics – Investigator must try and apply it to their work. They
must know the elements of crime understand and be able to apply investigative
techniques and be able to work with many different types of people. Exceptional
 intelligence is not a requisite trait of an effective investigator; objectively
common sense is more important.

B. Psychological characteristics – Effective investigators are emotionally well

balance, detached, inquisitive, suspecting, discerning, self-disciplined and
persevering. Investigation is highly stressful and involves many decisions.
Therefore, it requires emotional stability.

C. Physical characteristics – Effective investigators are physically fit and have a

good vision and hearing. Good health and high energy level are beneficial because
the hours spent performing investigative duties can be long and demanding. In
addition to being physically fit, investigators are aided by keen vision and
hearing. If uncorrected, color blindness, and farsightedness may impair
investigative effectively. Hearing is especially important when darkness limit
vision. Keen hearing helps estimate the nearness of a suspect, the movement of
people, the direction of gunfire and detonations. In addition, the investigators may
have to listen to words to hear a weak voice from a seriously wounded or dying
person.

10. Functions of the Investigators

A. Provide emergency assistance – If an injured person is on the scene, arrange for

medical attention, identification and removal.

B. Secure the crime scene – If the scene is not fully protected, ensure its protection
by using other policemen or other responsible persons to keep witnesses, suspects
and victim(s) who are present from disturbing the scene

C. Recording – The investigator begins the process of recording pertinent facts and
details of the investigation the moment he arrives at the crime scene. (He should
record the time when he was initially notified prior to his arrival). He also writes
down the identification of persons involved and what he initially saw. He also
 draws a basic sketch of the crime scene and takes the initial photograph (if a
photographer is available, avail his services). This is to ensure that an image of
the crime scene is recorded before any occurrence that disturbs the scene. As a
rule, do not touch, alter or remove anything at the crime scene until the evidence
has been processed through notes, sketches and photograph, with proper
measurements.

D. Search for, obtain and process physical evidence;

1. Each crime is different, according to the physical nature of the scene and the crime or
offense involved. Consequently, the scene is processed in accordance with the physical
characteristics of the scene and with the need to develop essential evidentiary facts
peculiar to the offense. A general survey of the scene is always made, however, to note
the location of obvious traces of action, the probable entry and exit points used by the
offender(s) and the size and shape of the area involved.

2. The investigator must collect physical evidence with adequate sampling considering the
quantity available at the crime scene and the amount needed for the laboratory test. He
must also endeavor to collect standards or known samples for purposes of comparison
with those other physical evidences collected. The evidence and the physical evidence
collected must possess the integrity as evidence and that it must not come in contact with
other substances to avoid contamination.

E. Taking of Sworn Statements of Suspects – The execution of a suspect’s “Waiver”

as stipulated in Art 125 of the RPC shall always be done in the presence of his
chosen counsel or any independent counsel.

F. Taking Sworn Statement/s of the Witnesses

1. Sworn Statement of Affidavit of complainant/s and witnesses must be taken immediately

by the investigator –on- case.
2. Affidavit of arrest of arresting officer must be taken immediately not later than 24 hours.

3. In inquest cases, the investigator –on- case and the arresting officer/s shall observe
Art.125 of the Revised Penal Code.

G. Preparation of