CRIME DETECTION
AND
INVESTIGATION
, FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
Investigation in general
the act or process of investigating or the condition being investigated. It also refers to a search or inquiry for ascertaining
facts, detailed or careful examination.
An investigator is someone who carries out investigations
Criminal investigation
It is the systematic method of inquiry that is more a science than an art. The logic of scientific method must however, be
supplemented by the investigator's initiative and resourcefulness. The sequences of the investigation should be regarded
by a scientific, operating framework that requires improvising on the part of the investigator.
Criminal Investigation is an Art – based on intuition, felicity of inspiration or by chance; and a Science – based on
adequate professional preparation and abundance of certain qualities
Characteristic of a Good Investigator
Good Communication
Active Listener
Critical Thinking
Work under Pressure
Critical Thinking
Innovativeness
Integrity
Knowledge about rules on Evidence
Phase/Objective/Goal of Criminal Investigation
Identify the suspected person
Locate the suspected person
provide evidence of his guilt
Elements of Crime in Criminal Investigation
Motive- what induces the person to act
Intent- the result or accomplishment of the act.
Opportunity- the physical possibility that the suspect could have committed the crime.
motive is not the element of a crime it is applicable only if there is doubt in the identity of a perpetrator under RPC
Motive is immaterial and does not preclude conviction, but for the purpose of attaining the objective of the CI, it is relevant.
Due Process of Law - it hears before it condemns, which proceeds upon inquiry and renders judgment only after trial.
Substantive Due Process - It requires the intrinsic validity of the law in interfering with the rights of the person to his life,
liberty, or property
Laws
Bill of rights
Miranda Doctrine 1966 – Miranda vs. Arizona. Established the rights of a person under custodial Investigation.
Failure to inform the rights of a person.
Statutory right
It must be noted that the elements of every crime should be considered as they will guide investigators regarding
the proper charge that should be brought before the prosecution office.
Procedural Due Process - It consists of the two basic rights of notice and hearing, as well as the guarantee of being
heard by an impartial and competent tribunal
Ex. to be informed of the nature and cause of his arrest
Remedial law
Arrest
Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.
(Rules of Court)
Arrest; how made. — An arrest is made by an actual restraint of a person to be arrested, or by his submission to the
custody of the person making the arrest.
No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subject to a greater
restraint than is necessary for his detention. (Rules of Court)
Warrant of Arrest
Execution of warrant. — The head of the office to whom the warrant of arrest was delivered for execution shall
cause the warrant to be executed within ten (10) days from its receipt. Within ten (10) days after the expiration of
the period, the officer to whom it was assigned for execution shall make a report to the judge who issued the
warrant. In case of his failure to execute the warrant, he shall state the reasons therefor. (Rules of Court)
Method of arrest by officer by virtue of warrant. — When making an arrest by virtue of a warrant, the officer shall
inform the person to be arrested of the cause of the arrest and of the fact that a warrant has been issued for his
, Arrest without warrant; when lawful. — A peace officer or a private person may, without a warrant, arrest a
person.
When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to
commit an offense;
When an offense has just been committed, and he has probable cause to believe based on personal knowledge
of facts or circumstances that the person to be arrested has committed it; and
When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is
serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred
from one confinement to another.
In cases falling under paragraph (a) and (b) above, the person arrested without a warrant shall be forthwith delivered to
the nearest police station or jail and shall be proceeded against in accordance with section 7 of Rule 112. (Rules of Court)
Method of arrest by officer without warrant. — When making an arrest without a warrant, the officer shall inform the
person to be arrested of his authority and the cause of the arrest, unless the latter is either engaged in the commission of
an offense, is pursued immediately after its commission, has escaped, flees or forcibly resists before the officer has
opportunity so to inform him, or when the giving of such information will imperil the arrest. (Rules of Court)
SEARCH AND SEIZURE
Search Warrant
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. (Rules
of Court)
(a) Court where application for search warrant shall be filed. — An application for search warrant shall be filed with
the following:
Any court within whose territorial jurisdiction a crime was committed.
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, or any court within the judicial region
where the warrant shall be enforced.
However, if the criminal action has already been filed, the application shall only be made in the court where the criminal
action is pending. (Rules of Court)
Personal property to be seized. — A search warrant may be issued for the search and seizure of personal
property:
(a) Subject of the offense;
(b) Stolen or embezzled and other proceeds, or fruits of the offense; or
(c) Used or intended to be used as the means of committing an offense (Rules of Court)
Warrantless Search
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.
(Rules of Court)
Custodial Investigation
the practice of issuing an "invitation" to a person who is investigated in connection with an offense he is suspected
to have committed, without prejudice to the liability of the "inviting" officer for any violation of law. (RA 7438)
Deposition - a witness’ sworn out-of-court testimony. It is used to gather information as part of the discovery process and,
in limited circumstances, may be used at trial.
Admission - The term “admission” embraces any statement of fact made by a party which is against his interest or
unfavorable to the conclusion for which he contends or inconsistent with the facts alleged by him.
Confession - a statement in which a person acknowledges that he is guilty of committing one or more crimes.
Extrajudicial confession means an admission made in proceedings outside court.
Detention
Arbitrary detention begins not merely from the moment a person is locked up in a prison cell but from the moment
such a person is deprived of his liberty without legal grounds. And it ends only when such a person is absolutely freed
from any restraint on his person.
Kinds of Arbitrary Detention:
Detaining a person without legal grounds
Delay in the delivery of detained persons, detained with legal grounds, to the proper judicial authorities
Delaying release of a detainee
Before the complaint or information is filed, the person arrested may ask for a preliminary investigation in
accordance with this Rule, but he must sign a waiver of the provisions of Article 125 of the Revised Penal Code,
as amended, in the presence of his counsel. Notwithstanding the waiver, he may apply for bail and the
, Tools in Criminal Investigation:
1. Information
It is the knowledge/data which an investigator acquired from records and persons.
Sources of Information:
1. Regular source is acquired from open sources, records, files.
2. Cultivated source are information furnished by informants/informers.
3. Grapevine source are information given by the underworld characters such as prisoners or criminals.
Methods of Identification
a. Verbal description
b. Photographic files (Rogues Gallery)
c. General Photograph
d. Cartographic Sketch
2. Interview/Interrogation
Interview - Is a conversation with a purpose, motivated by a desire to obtain certain information from the person
being interviewed as to what was done, seen, felt, heard, tasted, smell or known.
Interrogation - is a forceful/rigid questioning of a person suspected of having committed an offense or a person
who is reluctant to make full disclosure of information in his possession which is pertinent to the investigation.
Rules to be observed in questioning
a. One question at a time
b. Avoiding implied answer
c. Simplicity of the questions
d. Saving faces
e. Avoid close ended questions (yes or no)
f. Positive attitude
Technical and Legal aspect of a Witness
As General rule, The opinion of witness is not admissible, Except
Ordinary Witness - The opinion of a witness for which proper basis is given, may be received in evidence
regarding:
(a) the identity of a person about whom he has adequate knowledge;
(b) A handwriting with which he has sufficient familiarity; and
(c) The mental sanity of a person with whom he is sufficiently acquainted.
The witness may also testify on his impressions of the emotion, behavior, condition or appearance of a person.
Expert Witness - he opinion of a witness on a matter requiring special knowledge, skill, experience or training
which he shown to posses, may be received in evidence
3. Instrumentation
Ways of identifying the criminals
confession and admission0
Circumstantial evidence
Associative evidence
Physical Evidence - these are the articles and materials which are found in connection with the investigation and aid in
establishing the identity of the suspect.
Corpus Delicti - Latin for the “body of the crime” It is the legal term used to describe/physical/or material evidence that a
crime has been committed
Associative Evidence - These are the pieces of evidence that will link the suspect to the crime scene.
Tracing Evidence - refers to evidence that is transferred from one person to another person or place.
Forensic Science - this is done through the aid of the expertise of different forensic services such as DNA, Fingerprint,
Odontology and the like.
Admissibility of Evidence and Exclusionary Rule
Evidence defined. — Evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth
respecting a matter of fact.
Evidence is admissible when it is relevant to the issue and is not excluded by the law of these rules.
● Relevance
● Competent
Electronic Evidence
○ These Rules shall apply to all civil actions and proceedings, as well as quasi-judicial and administrative
cases.
○ Electronic documents as functional equivalent of paper-based documents.
Admissibility. – An electronic document is admissible in evidence if it complies with the rules on admissibility prescribed
by the Rules of Court and related laws and is authenticated in the manner prescribed by these Rules-Rule on Electronic
AND
INVESTIGATION
, FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
Investigation in general
the act or process of investigating or the condition being investigated. It also refers to a search or inquiry for ascertaining
facts, detailed or careful examination.
An investigator is someone who carries out investigations
Criminal investigation
It is the systematic method of inquiry that is more a science than an art. The logic of scientific method must however, be
supplemented by the investigator's initiative and resourcefulness. The sequences of the investigation should be regarded
by a scientific, operating framework that requires improvising on the part of the investigator.
Criminal Investigation is an Art – based on intuition, felicity of inspiration or by chance; and a Science – based on
adequate professional preparation and abundance of certain qualities
Characteristic of a Good Investigator
Good Communication
Active Listener
Critical Thinking
Work under Pressure
Critical Thinking
Innovativeness
Integrity
Knowledge about rules on Evidence
Phase/Objective/Goal of Criminal Investigation
Identify the suspected person
Locate the suspected person
provide evidence of his guilt
Elements of Crime in Criminal Investigation
Motive- what induces the person to act
Intent- the result or accomplishment of the act.
Opportunity- the physical possibility that the suspect could have committed the crime.
motive is not the element of a crime it is applicable only if there is doubt in the identity of a perpetrator under RPC
Motive is immaterial and does not preclude conviction, but for the purpose of attaining the objective of the CI, it is relevant.
Due Process of Law - it hears before it condemns, which proceeds upon inquiry and renders judgment only after trial.
Substantive Due Process - It requires the intrinsic validity of the law in interfering with the rights of the person to his life,
liberty, or property
Laws
Bill of rights
Miranda Doctrine 1966 – Miranda vs. Arizona. Established the rights of a person under custodial Investigation.
Failure to inform the rights of a person.
Statutory right
It must be noted that the elements of every crime should be considered as they will guide investigators regarding
the proper charge that should be brought before the prosecution office.
Procedural Due Process - It consists of the two basic rights of notice and hearing, as well as the guarantee of being
heard by an impartial and competent tribunal
Ex. to be informed of the nature and cause of his arrest
Remedial law
Arrest
Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.
(Rules of Court)
Arrest; how made. — An arrest is made by an actual restraint of a person to be arrested, or by his submission to the
custody of the person making the arrest.
No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subject to a greater
restraint than is necessary for his detention. (Rules of Court)
Warrant of Arrest
Execution of warrant. — The head of the office to whom the warrant of arrest was delivered for execution shall
cause the warrant to be executed within ten (10) days from its receipt. Within ten (10) days after the expiration of
the period, the officer to whom it was assigned for execution shall make a report to the judge who issued the
warrant. In case of his failure to execute the warrant, he shall state the reasons therefor. (Rules of Court)
Method of arrest by officer by virtue of warrant. — When making an arrest by virtue of a warrant, the officer shall
inform the person to be arrested of the cause of the arrest and of the fact that a warrant has been issued for his
, Arrest without warrant; when lawful. — A peace officer or a private person may, without a warrant, arrest a
person.
When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to
commit an offense;
When an offense has just been committed, and he has probable cause to believe based on personal knowledge
of facts or circumstances that the person to be arrested has committed it; and
When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is
serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred
from one confinement to another.
In cases falling under paragraph (a) and (b) above, the person arrested without a warrant shall be forthwith delivered to
the nearest police station or jail and shall be proceeded against in accordance with section 7 of Rule 112. (Rules of Court)
Method of arrest by officer without warrant. — When making an arrest without a warrant, the officer shall inform the
person to be arrested of his authority and the cause of the arrest, unless the latter is either engaged in the commission of
an offense, is pursued immediately after its commission, has escaped, flees or forcibly resists before the officer has
opportunity so to inform him, or when the giving of such information will imperil the arrest. (Rules of Court)
SEARCH AND SEIZURE
Search Warrant
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. (Rules
of Court)
(a) Court where application for search warrant shall be filed. — An application for search warrant shall be filed with
the following:
Any court within whose territorial jurisdiction a crime was committed.
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, or any court within the judicial region
where the warrant shall be enforced.
However, if the criminal action has already been filed, the application shall only be made in the court where the criminal
action is pending. (Rules of Court)
Personal property to be seized. — A search warrant may be issued for the search and seizure of personal
property:
(a) Subject of the offense;
(b) Stolen or embezzled and other proceeds, or fruits of the offense; or
(c) Used or intended to be used as the means of committing an offense (Rules of Court)
Warrantless Search
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.
(Rules of Court)
Custodial Investigation
the practice of issuing an "invitation" to a person who is investigated in connection with an offense he is suspected
to have committed, without prejudice to the liability of the "inviting" officer for any violation of law. (RA 7438)
Deposition - a witness’ sworn out-of-court testimony. It is used to gather information as part of the discovery process and,
in limited circumstances, may be used at trial.
Admission - The term “admission” embraces any statement of fact made by a party which is against his interest or
unfavorable to the conclusion for which he contends or inconsistent with the facts alleged by him.
Confession - a statement in which a person acknowledges that he is guilty of committing one or more crimes.
Extrajudicial confession means an admission made in proceedings outside court.
Detention
Arbitrary detention begins not merely from the moment a person is locked up in a prison cell but from the moment
such a person is deprived of his liberty without legal grounds. And it ends only when such a person is absolutely freed
from any restraint on his person.
Kinds of Arbitrary Detention:
Detaining a person without legal grounds
Delay in the delivery of detained persons, detained with legal grounds, to the proper judicial authorities
Delaying release of a detainee
Before the complaint or information is filed, the person arrested may ask for a preliminary investigation in
accordance with this Rule, but he must sign a waiver of the provisions of Article 125 of the Revised Penal Code,
as amended, in the presence of his counsel. Notwithstanding the waiver, he may apply for bail and the
, Tools in Criminal Investigation:
1. Information
It is the knowledge/data which an investigator acquired from records and persons.
Sources of Information:
1. Regular source is acquired from open sources, records, files.
2. Cultivated source are information furnished by informants/informers.
3. Grapevine source are information given by the underworld characters such as prisoners or criminals.
Methods of Identification
a. Verbal description
b. Photographic files (Rogues Gallery)
c. General Photograph
d. Cartographic Sketch
2. Interview/Interrogation
Interview - Is a conversation with a purpose, motivated by a desire to obtain certain information from the person
being interviewed as to what was done, seen, felt, heard, tasted, smell or known.
Interrogation - is a forceful/rigid questioning of a person suspected of having committed an offense or a person
who is reluctant to make full disclosure of information in his possession which is pertinent to the investigation.
Rules to be observed in questioning
a. One question at a time
b. Avoiding implied answer
c. Simplicity of the questions
d. Saving faces
e. Avoid close ended questions (yes or no)
f. Positive attitude
Technical and Legal aspect of a Witness
As General rule, The opinion of witness is not admissible, Except
Ordinary Witness - The opinion of a witness for which proper basis is given, may be received in evidence
regarding:
(a) the identity of a person about whom he has adequate knowledge;
(b) A handwriting with which he has sufficient familiarity; and
(c) The mental sanity of a person with whom he is sufficiently acquainted.
The witness may also testify on his impressions of the emotion, behavior, condition or appearance of a person.
Expert Witness - he opinion of a witness on a matter requiring special knowledge, skill, experience or training
which he shown to posses, may be received in evidence
3. Instrumentation
Ways of identifying the criminals
confession and admission0
Circumstantial evidence
Associative evidence
Physical Evidence - these are the articles and materials which are found in connection with the investigation and aid in
establishing the identity of the suspect.
Corpus Delicti - Latin for the “body of the crime” It is the legal term used to describe/physical/or material evidence that a
crime has been committed
Associative Evidence - These are the pieces of evidence that will link the suspect to the crime scene.
Tracing Evidence - refers to evidence that is transferred from one person to another person or place.
Forensic Science - this is done through the aid of the expertise of different forensic services such as DNA, Fingerprint,
Odontology and the like.
Admissibility of Evidence and Exclusionary Rule
Evidence defined. — Evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth
respecting a matter of fact.
Evidence is admissible when it is relevant to the issue and is not excluded by the law of these rules.
● Relevance
● Competent
Electronic Evidence
○ These Rules shall apply to all civil actions and proceedings, as well as quasi-judicial and administrative
cases.
○ Electronic documents as functional equivalent of paper-based documents.
Admissibility. – An electronic document is admissible in evidence if it complies with the rules on admissibility prescribed
by the Rules of Court and related laws and is authenticated in the manner prescribed by these Rules-Rule on Electronic
