Compiled Notes in CDI 3 2022 2023

NORTH LUZON PHILIPPINES STATE COLLEGE
School of Criminal Justice Education Adal a dekalidad, dur-as ti panagbiag.
S.Y. 2022-2023
CARMELA DAWN GADUT-ROJAS, RCrim
Carmela Dawn Gadut-Rojas, RCrim San Nicolas, Candon City, Ilocos Sur Page 1 of 68
www.nlpsc.edu.ph ● [email protected]
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TABLE OF CONTENTS
CHAPTER 1: REVIEW ON THE CONCEPTS OF CRIMINAL 3

INVESTIGATION AND BASIC CRIMINAL PROCEDURE
LESSON 1: Review on the Concepts of Criminal Investigation 3
LESSON 2: PNP Basic Procedures on Arrest 7
LESSON 3: PNP Basic Procedures on Search and Seizure 12
LESSON 4: Rules on Raid 19
LESSON 5: Custodial Investigation 21
LESSON 6: Confession versus Admission 26
CHAPTER 2: OBTAINING INFORMATION AND INTELLIGENCE 34

LESSON 1: Interview and Interrogation 34
LESSON 2: The Interview 37
LESSON 3: The Interrogation 41
LESSON 4: The Phenomenon of Lying 47
CHAPTER 3: SIMULATION ON INTERVIEW AND INTERROGATION 50

LESSON 1: Interviewing, Questioning, and Interrogation 50
LESSON 2: Interviewing, Questioning, and Interrogation (Crimes) 51
CHAPTER 4: AFFIDAVIT AND REPORT WRITING 56

LESSON 1: Basics of Report Writing 56
LESSON 2: Affidavit and Sworn Statement 60
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CHAPTER 1: REVIEW ON THE CONCEPTS OF

CRIMINAL INVESTIGATION AND BASIC CRIMINAL
PROCEDURE
LESSON 1: REVIEW ON THE CONCEPTS OF CRIMINAL

INVESTIGATION
Criminal Investigation: Art or Science
An Art
Criminal investigation is an art, as well as a science which deals with the

identity and location of the offender then proving his guilt through criminal
proceeding. Some authors stressed that it is more of an art rather than a science
because it is not governed by rigid rules or laws. Most often than not, it is governed
by intuition, felicity of inspiration, and to a minor extent, by chance or luck. This idea
is based on the tradition made popular by the adventures of Sherlock Holmes.
A Science
Criminal investigation is a systematic inquiry aimed at the identification and

apprehension of alleged violators. This premise stressed that criminal investigation is
more like a science than an art because today, it primarily applies scientific
knowledge, principles and methodologies in order to discover identify, collect and
process facts and pieces of evidence to promote criminal justice. However, use of
scientific method must be supplements by the investigator’s initiative and
resourcefulness in finding solution of cases under investigation. The sequence of
investigation must follow scientific operating framework that requires imagination,
improvisation, and creativeness on the part of the investigator.
The Process: Basic Principle
Criminal investigation involves the systematic process of identifying,

collecting, preserving, and evaluating data or raw facts to produce valuable
information for the purpose of bringing offender to justice.
As a process, it is based on systematic plan. However, in as much as criminal
investigation involves technical and scientific process of examining the details of a
crime under investigation, the investigator somehow must observe and strictly
adhere to the legal aspect of investigation.
The legal aspect provides for the legal process of arresting, searching, detaining and
obtaining testimonies from the suspect.
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A. Criminal Investigation as a process:
 Criminal investigation involves the systematic process of identifying,

collecting, preserving, and evaluating data or raw facts to produce valuable
information for the purpose of bringing offender to justice.
 As a process, it is based on systematic plan. However, in as much as criminal
investigation involves technical and scientific process of examining the details
of a crime under investigation, the investigator somehow must observe and
strictly adhere to the legal aspect of investigation.
 The legal aspect provides for the legal process of arresting, searching,
detaining and obtaining testimonies from the suspect.
B. The 5 Functions of Criminal Investigation

1) Recognition/identification
2) Collection
3) Preservation
4) Evaluation
5) Presentation
C. The Legal aspect of Criminal Investigation

At the heart of criminal investigative process is the RULE OF LAW. As it applies
to the duties of the investigator, the rule of law dictates what officers can and cannot
do while performing their duties. The law governs not only such functions as the
arrest and interrogation of suspects, but also the manner in which investigators deal
with the searching, handling of evidence.
D. The Concept of Due Process

Due process is mentioned in the 1987 Constitution where due process seek
to ensure that no person is deprived of life, liberty, or property without notice of
charges, assistance from legal counsel, a hearing, and a chance to confront
one’s accusers. In short, due process can be defined as “IT HEARS BEFORE IT
CONDEMNS”.
E. The Role of Criminal Law:

Criminal law defined- it is that branch of substantive law that defines crimes,
treats of their nature, and provides for their punishment.
Purpose of criminal Law

1. To identify public wrongs.
2. To exercise social control
3. To deter anti-social conducts, and
4. To administer punishments.
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Legal Provisions Significant to the development of criminal investigation in the

Philippine Setting
1. 1935 Phil. Constitution, Art 3, Sec. 17

It provides that, “In all criminal proceedings, the accused
shall….enjoy the right to be heard by himself and counsel…”
2. 1973, Philippine Constitution- Art. III, Sec. 20
“No person shall be compelled to be a witness against himself. Any person
under investigation for the commission of an offense shall have the right to
remain silent and to have a counsel, and to inform of such right. No force,
violence, threat, intimidation, or any means which vitiate the free will shall be
sued against him. Any confession obtained in violation of this section shall be
inadmissible as evidence.The warning of the right to remain silent must be
accompanied with an explanation that anything said can and will be used
against the individual in court. This warning is needed in order to make him
aware not only of the privilege, but also of the consequences of forgetting it
(People vs Duerto, 104 SCRA, 379, 1981).
3. 1987, Philippine Constitution (Art II Sec.12 (1)
Any person under investigation for the commission of an offense shall have
the right to be informed of his right to remain silent and to have a competent
and an independent counsel preferably of his own choice. If the person cannot
afford the services of a counsel, he must be provided with one. These rights
cannot be waived except in writing and in the presence of a counsel.
RELATED CASES:
1) Miranda Rights (1966)

It originated from the American jurisprudence. Mr. Ernesto Miranda, a Latino
was accused of kidnapping and rape in the State of Arizona. The Arizona Police
leading to his confession interrogated him exhaustedly. 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 U.S 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 that the U.S 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
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Warning.
2. 1983, MORALES VS. JUAN PONCE ENRILE (GR # 61016-17; April 26,
1983; SCRA 538)
The ruling in this case made it clear that the Miranda Warning, as is
generally called, have to be made so that a confession can be admitted.
Therefore, while upon police custody for investigation, the accused must
be appraised of his:
i. Right to remain silent with the explanation that anything
he might say maybe used against him in the court of
law;
ii. Right to talk to a lawyer, a relative or friend, and
have a lawyer ready and a friend present while he
is being questioned; and
iii. Right to the appointment of a lawyer, if he cannot afford one.
3. 1984, People vs. Galit (GR # 51770; March 20, 1985)
The right to a counsel maybe waived but the waiver, to be valid, must
be made with assistance of a counsel.
4. Gideon vs. Wainwright (U.S., 1963)
The Supreme Court held that the Sixth Amendment, which
guarantees criminal dependants the assistance of counsel, requires
state governments to provide attorneys for indigent (poor) criminal
defendants.
5. Escobedo vs. Illinois (U.S., 1964)
The Court held that a suspect has a right to have an attorney
present when being interrogated in police custody as well as
during a trial.
6. Republic Act No. 7438
An act defining certain rights of person arrested, detained and/or
under custodial investigation as well as the duties of the
arresting, detaining, and investigating officers and providing
penalties of violation thereof.
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LESSON 2: PNP BASIC PROCEDURES ON ARREST
ARREST
Arrest
Arrest is the taking of a person into custody so he can answer for the
commission of an offense.
Warrant of Arrest
The warrant of arrest is the written authority of the arresting officer when
making an arrest or taking of a person into custody in order that he may be bound
to answer for the commission of an offense. The head of the office to whom the
warrant of arrest has been delivered for implementation shall cause the warrant to
be implemented within ten (10) days from receipt. Within ten (10) days after the
expiration of such period, the police officer to whom it was assigned for
implementation shall make a report to the judge who issued the warrant and in
case of his failure to implement the same, shall state the reasons thereof.
General Guidelines
1. All arrests should be made only on the basis of a valid Warrant of Arrest
issued by a competent authority, except in instances where the law
allows warrantless arrest.
2. No violence or unnecessary force shall be used in making an arrest,
and the person to be arrested shall not be subjected to any greater
restraint than what is necessary under the circumstances.
3. As a general rule, arrests can be made on any day of the week and at any time
of the day or night.
4. Only judges are authorized to issue Warrants of Arrest.
5. A Warrant of Arrest is no longer needed if the accused is already
under detention. An Order of Commitment is issued by the judge in
lieu of the Warrant of Arrest.
6. The following are EXEMPTED from arrest:
a. The President of the Philippines
b. A Senator or Member of the House of the Representatives while
Congress is in session for an offense punishable by not more than six
years of imprisonment; and
c. Diplomatic Agents, Under the Vienna Convention on Diplomatic Relations.
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METHODS OF ARREST:
1. With warrant of arrest – 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, except when he flees or forcibly resists
before the officer has opportunity to inform him or when the giving of
such information will imperil the arrest. The officer need not have the
warrant in his possession at the time of the arrest but after the arrest,
if the person arrested so requires, the warrants shall be shown to him
as soon as practicable.
2. Without warrant of arrest – The officer shall inform the person to be
arrested of his authority and the cause of his arrest, unless the person
to be arrested is then engaged in the commission of an offense or is
pursued immediately after its commission or after an escape, or flees
or forcibly resists before the officer has opportunity to inform him, or
when the giving of such information will imperil the arrest.
Arrests Without a Warrant
A peace officer or a private person may, without a warrant, arrest a person:
1. When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
2. 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;
3. 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 temporarily
confined while his case is pending, or has escaped while being transferred
from one confinement area to another;
4. Where the accused released on bail attempts to leave the country without
court permission;
5. Violation of conditional pardon, punishable under Article 159 of the Revised
Penal Code as a case of evasion of service of sentence; and
6. Arrest following a Deportation Proceeding by the Immigration Commissioner
against illegal and undesirable aliens.
“Hot Pursuit” Arrest

A hot pursuit arrest must have the following elements:
✓ that an offense has been committed,
✓ offense has just been committed, and
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✓ that there is probable cause based on personal knowledge of facts or

circumstances that the persons to be arrested where the ones who
committed it.
ARREST AS RESULT OF A “BUY-BUST” OPERATION:

A “buy-bust” operation is a form of entrapment which has been repeatedly
accepted to be valid means of arresting violators of Dangerous Drugs Law. It is a
means of catching a malefactor in flagrante the delicto. The police officers
conducting the operation are not only authorized but duty-bound to apprehend the
violator and to search him for anything that may have been part of or used in the
commission of the crime. (PP vs. Salazar, Jan. 27, 1997)
Authority of the Arresting Officer when Making an

Arrest
A. Police officer may summon assistance – A police officer making a
lawful arrest may verbally summon as many persons as he deems
necessary to assist him in effecting the arrest.
B. Right of a police officer to break into building or enclosure – A
police officer in order to make an arrest, with or without warrant, may
break into a building or enclosure where the person to be arrested is
or is reasonably believed to be, if he is refused admittance thereto
after announcing his authority and purpose.
C. Right to break out from building or enclosure – Whenever a
police officer has entered the building or enclosure to make an
arrest, he may break out there from, when necessary, to liberate
himself.
D. Arrest after escape or rescue – If a person lawfully arrested
escapes or is rescued, any person may immediately pursue to
retake him without a warrant at any time and in any place within the
Philippines.
In general, an arrest is made by an actual restraint of the 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, and the
person arrested shall not be subjected to any greater restraint than is necessary for
his detention. (Sec. 2, Rule 113 of Rules of Court)
PROCEDURES
Serving of Warrant of Arrest
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1. Verify the validity of the warrant and request for an authenticated copy from
the issuing court;
2. In serving the warrant, the police officer should introduce himself and show
proper identification;
3. Make a manifestation of authority against the person to be arrested;
4. If refused entry, the police officer may break into any residence, office,
building, and other structure where the person to be arrested is in or is
reasonably believed to be in, after announcing his purpose;
5. The police officer need not have a copy of the warrant in his possession at the
time of the arrest. If the person arrested so requires, the warrant shall be
shown to the arrested person as soon as possible;
6. Secure the person to be arrested and use handcuffs for the protection of the
arresting officer, other individuals or the arrested person himself;
7. Conduct thorough search for weapons and other illegal materials on the
person arrested and surroundings within his immediate control;
8. Inform the person to be arrested of his rights under the law (i.e. Miranda
Warning and Anti-torture Warning);
9. No unnecessary force shall be used in making an arrest;
10. Confiscated evidence shall be properly documented with the chain of custody
of evidence duly and clearly established;
11. Bring the arrested person to the Police Station for documentation;
12. Make a Return of Warrant to the court of origin; and
13. Deliver the arrested person to jail/prison upon the issuance of a commitment
order of the court.
Effecting Warrantless Arrest
1. Freeze or restrain the suspect/s;
2. Make proper introduction as to identity and authority to arrest;
3. Inform the arrested person of the circumstances of his arrest and recite the
Miranda Warning and Anti- torture Warning to him;
4. Secure the person to be arrested and use handcuffs for the protection of the
arresting officer, other individuals or the arrested person himself;
5. Conduct thorough search for weapons and other illegal materials on the
person arrested and surroundings within his immediate control;
6. Confiscated evidence shall be properly documented with the chain of custody
of evidence duly and clearly established;
7. No unnecessary force shall be used in making an arrest; and
8. Bring the arrested person to the Police Station for further investigation and
disposition.
Physical Examination of Arrested Person/Suspect
Before interrogation, the person arrested shall have the right to be informed of
his right to demand physical examination by an independent and competent doctor
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of his own choice. If he cannot afford the services of a doctor of his own choice, he
shall be provided by the State with a competent and independent doctor to conduct
physical examination. If the person arrested is female, she shall be attended to
preferably by a female doctor.
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.
Duties of the Arresting Officer
1. It shall be the duty of the police officer implementing the Warrant of Arrest
to deliver the arrested person without delay to the nearest Police Station or
jail to record the fact of the arrest;
2. At the time of the arrest, it shall be the duty of the arresting officer to inform
the person arrested of the cause of the arrest and the fact that a warrant
had been issued for his arrest. The arresting officer need not have the
warrant in his possession at the time of the arrest but after the arrest, if the
person arrested so requires, the warrant shall be shown to him as soon as
possible;
3. When women or children are among the arrested suspect/s, the arresting
officer shall task the Women’s and Children’s Protection Desks (WCPD)
officer or a policewoman who is familiar with women and children protection
desk duties to conduct the pat-down search;
4. In case of arrest without a warrant, it shall be the duty of the arresting officer
to inform the person to be arrested of his authority and the cause of the
arrest except when he flees or forcibly resists before the arresting officer
has the opportunity to inform him or when the giving of such information will
imperil the arrest;
5. The person arrested, with or without warrant, shall be informed of his
constitutional right to remain silent and that any statement he makes could
be used against him. Also, that he has the right to communicate with his
lawyer or his immediate family and the right to physical examination;
6. A person arrested without a warrant shall be immediately brought to the
proper Police Station for investigation without unnecessary delay. He shall
be subjected to inquest proceedings within the time prescribed in Article
125 of the Revised Penal Code (RPC);
7. No torture, force, violence, threat, intimidation, or any other means which
vitiate the free will shall be used against an arrested person. The bringing of
arrested persons to secret detention places, solitary confinement and the
like is prohibited;
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8. If the person arrested without a warrant waives his right under the
provisions of Art 125 of the Revised Penal Code, the arresting officer shall
ensure that the former signs a waiver of detention in the presence of his
counsel of choice; and
9. If the person arrested waives his right against self-incrimination and
chooses to give his statement, the arresting officer shall ensure that the
waiver is made in writing and signed by the person arrested in the presence
of a counsel of his own choice or a competent and independent counsel
provided by the government.
LESSON 3: PNP BASIC PROCEDURES ON SEARCH AND

SEIZURE
Search is an examination of an individual’s person, house papers or effects,

or other buildings and premises to discover contraband or some evidence of guilt to
be used in the prosecution of a criminal action.
What is a 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 to bring it before the court. (Sec
1, Rule 126)
Applications for Search Warrant
All applications for Search Warrant shall be approved for filling by the
Chief of Office. The application shall indicate the following data:
a. Office applying for the Search Warrant;
b. Name of officer-applicant;
c. Name of the subject, if known;
d. Address/place(s) to be searched;
e. Specific statement of things/articles to be seized; and
f. Sketch of the place to be searched.
All approved applications shall be recorded in a log book, duly maintained

for the purpose, indicating the name of the applicant, name of the
respondent, nature of the offense, and date of the application.
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Requisites for the Issuance of Search Warrant

A search warrant shall be issued only 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 presented. The search
warrant shall particularly describe the place to be searched and the things to be
seized which may be anywhere in the Philippines.
The following properties may be the objects of a search warrant:

1. Properties which are the subject of the offense;
2. Stolen, embezzled proceeds, or fruits of the offense; and
3. Objects including weapons, equipment, and other terms used or
intended to be used as the means of committing an offense.
4. Objects that are illegal per se, even if not particularly described in the
search warrant, may be seized under the plain view doctrine.
Validity of Search Warrant

1. The warrant shall be valid for ten (10) days from date of issuance
and may be served at any day within the said period. Thereafter,
it shall be void.
2. If, in the implementation of the search warrant, its object or
purpose cannot be accomplished in one day, the search can be
continued the following day, or days, until completed, provided it
is still within the ten (10)- day validity period of the search
warrant.
3. If the object or purpose of the search warrant cannot be
accomplished within the ten (10)-day validity period, the
responsible police officer conducting the search must file,
before the issuing court, an application for the extension of the
validity period of said search warrant.
Time of Search
The warrant should be served during daytime, unless there
is a provision in the warrant allowing service at any time of the day
or night.
Authority of Police Officers when Conducting Search

In the conduct of search, if after giving notice of his purpose and authority, the
police officer is refused admittance to the place of search, he may break open any
outer or inner door or window or any part of a house or anything therein to
implement the warrant or liberate himself or any person lawfully aiding him when
unlawfully detained therein.
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Procedures in the Implementation of a Search Warrant

How to Serve a 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
one 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 therein, he may force himself out to liberate himself.
B. The search must be made at daytime, unless otherwise stated. No search
of a house, room, or any other premises 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 (2) witnesses of sufficient age and discretion
residing in the same locality. (Sec. 8, Rule 126)
C. The officer seizing the property must issue 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 (2) witnesses of sufficient age and discretion
residing in the same place, leave a receipt in the place in which he found
the seized property. (Sec. 11, Rule 126)
 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. A Recent Supreme Court decision, however,
declared that such receipt when signed by the accused is in
effect an extrajudicial confession of the commission of the
offense charge. (People v de las Marinas, G.R. No. 87215, 30
Apr 91; and People v Mauyao, G.R. No. 84525, 6 Apr 92).
Consequently, if the accused does not sign such receipt, it may
still be used in evidence. Moreover, if the accused DID in fact
sign the 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.
 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 of 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 firearms, for example, the doctrine
would apply. In other cases, it does not apply.
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D. Another document which is made after a search is a CERTIFICATION 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.
E. 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 theft or planting of evidence.
F. 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.
G. Things or personal properties not specifically indicated or particularly
described in the search warrant shall not be taken;
H. Court approval necessary to Retain Seized Property. Approval by the court
which issued the search warrant is necessary for the retention of the
property seized by the police officers; and only then will their custody of the
court to be allowed. Absent such approval, the police officers have no
authority to retain possession …and more so, to deliver the property to
another agency…(Vide Tambasen v. PP, 246 (SCRA 184)
VALID SEARCH AND SEIZURES WITHOUT SEARCH WARRANT

In the conduct of search and seizure just like arrest there are instances that police
officers may search even without securing a search warrant. These instances are
discussed below.
1. Search made incidental to a valid arrest
A person lawfully arrested may be searched for dangerous weapons or anything
which may be used or which may constitute proof in the commission of an offense,
without a search warrant. The warrantless search and seizure as an incident to a
lawful arrest may extend beyond the person of the arrested to include the premises
or surroundings under his immediate control.
The Constitution does not forbid warrantless search; it only forbids unreasonable
search. The Rules of Court, Rule 126, Section 13, allows a warrantless search,
provided it is incident to a lawful arrest. The law provides: "A person lawfully arrested
maybe searched for dangerous weapons or anything which may have been used or
constitute proof in the commission of an offense without a search warrant." To be
valid, the search must have been conducted at about the time of the arrest or
immediately thereafter, and only at the place where the suspect was arrested, or the
premises or surroundings under his immediate control.Any evidence obtained during
an illegal search (even if it confirms initial suspicion of felonious activity) is
considered absolutely inadmissible for any purpose in any proceeding, since it is
considered to be the fruit of a poisonous tree. Since the Anti-Wiretapping Law
provides that an illegal wiretap is inadmissible for any purpose in any proceeding,
being the fruit of a poisonous tree, do you wonder how the alleged Garci tape could
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be possibly considered admissible? I wonder too.A valid arrest must precede the
search, not vice versa. One exception to the rule on search is waiver by the suspect.
For example, where the shabu was discovered by virtue of a valid warrantless
search, and the accused himself freely gave his consent to the search, the prohibited
drugs found as a result were inadmissible as evidence.
2. Search of moving vehicles
If the police officers who will conduct the search have reasonable or probable
cause to believe, before the search, that either the motorist is a law offender or they
will find the instrumentality or evidence pertaining to a crime in the vehicle to be
searched, the vehicle may be stopped and subjected to an extensive search.
Arizona v. Gant; Police may search vehicle incident
to recent occupant's arrest only if arrestee is within
reaching distance of passenger compartment at
time of search and reasonable to believe vehicle
contains evidence of offense of arrest.
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Seizure of evidence in plain view

Any object in the plain view is subject to seizure and may be
introduced as evidence.
Requirements under the Plain View Doctrine are:
 The police officer must have prior justification for an intrusion or,
otherwise, must be in a position from which he can view a particular
area;
 The discovery of the evidence in plain view is unintentional; or
 It is immediately apparent to the police officer that the item he
observes may be evidence of a crime, contraband, or is a valid
subject of seizure.
3. When there is waiver of the right or there is consented search
To constitute a waiver of this constitutional right, it must appear, first, that the right
exists; second, that the person involved had knowledge, either actual or constructive,
of the existence of such right; that said person had an actual intention to relinquish
the right.
4. Searches Under Stop and Frisk Rule

The police officer has the right to stop a citizen on the street, interrogate him,
and pat him for weapons whenever he observes unusual conduct which
convinces him that a criminal activity exists.
5. Emergency and Exigent Circumstances
A search warrant could be validly dispensed with in cases of exigent and
emergency situation, and the police officers have reasonable grounds to believe
that a crime is being committed, and they have no opportunity to apply for a
search warrant from the courts because the latter were closed.
6. Tipped Information
If the police officers have reasonable grounds to believe that the subjects are
engaged in illegal activities, the tipped information is sufficient to provide probable
cause to effect a warrantless search and seizure.
7. Search of Vessels
Search of vessels and aircraft because of their mobility and the relative ease
in fleeing the state’s jurisdiction (Roldan vs Arca, 65 SCRA 336)
Note: Things prohibited by law which were illegally searched and seized does
not call for their return to the owner. (Uy Kheytin vs. Villareal, 42 Phil 886).
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SEIZURE
is the confiscation of personal property by virtue of a search warrant issued for
the purpose. A search warrant may be issued for the search and seizure of the
following personal properties:
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
Items to be Seized
A search warrant may be issued for the search and seizure of the following personal
property:
a. Property subject of the offense;
b. Property stolen or embezzled and other or fruits of the offense; and
c. Property used or intended to be used for committing an offense.(Sec
2, ibid)
Disposition of Seized Items
The following will be seized at the scene of the raid:
a. Weapons which may be used against the raiding party.
b. Articles which might be used as a means of suicide.
c. Articles which might be used in escaping.
d. Articles which might be used in the commission of the crime.
e. Proceeds or fruits of the crime (stolen property).
Disposition of money and other valuable property

a. Money should be counted and the serial numbers of the bills noted;
b. Valuables should be sealed in a property envelope in the presence of the
owner;
c. Property envelope should show a complete inventory of its contents;
d. The owner should initial the outside of the envelope showing approval of its
contents;
e. Raiding officers should sign their names on the outer part of the envelope;
and
f. A receipt should be given to the suspect. 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 cases where mere possession of the items seized is punishable.
Disposition of articles not covered in a search warrant
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a. If the articles are illicit or contraband, the same must be seized.

b. Such articles may be used as evidence to prosecute the person.
c. Non-contraband articles must be returned to the owners or must not be
seized in the first place.
LESSON 4: RULES ON RAID
RAID
A raid is a surprise invasion of a building or area.
Legal basis. A raid must be legal, having its basis in lawful process and
conducted in a legal manner. This will be in the form of a search warrant or warrant
of arrest. The raid may be in pursuit of a person reasonably believed to be guilty of
felony and when it is known that the felony has just been committed.
✓ Every member of a law enforcement organization must know the

technique of conducting a raid.
✓ Raids are usually made after careful investigation and when other
methods of accomplishing the mission are not suitable.
✓ Whenever available, men experienced in conducting police raids should
be chosen as raid commanders.
OBJECTIVES
The purpose of a raid is usually to:
 Effect an apprehension;
 Obtain evidence of illegal activity by surprising the offenders inflagrante
delicto; or
 Recover stolen property
Coordination with the Local Station Commander
It is imperative that immediately before the service of a search warrant, the team
leader should see to it that proper coordination is made with the commander of local
police station having jurisdiction over the target premises. The coordinating party will
inform the local station that their team is conducting an operation in their area. This
gesture of coordination is not only a manifestation of courtesy but also a safety
measure to avoid the possibility of a mistake encounter.
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BASIC REQUIREMENT IN THE CONDUCT OF RAID
Generally, all police operations (arrest, raid, search and seizure, checkpoint, etc)
shall be conducted:
❖ With a marked police vehicle;

❖ Preferably led by a Commissioned Officer;
❖ With personnel in proper police uniform (Rule 3, PNP Operational
Procedures)
Exception to this rule is when using a marked police vehicle will jeopardize
the safety of the raiding team and will greatly affect the success of the operation.
USE OF REASONABLE FORCE
The use of force shall be avoided. However, when during the conduct of the
raid an armed confrontation took place due to unavoidable circumstances, the police
may use reasonable force to overcome the threat posed by the suspect. The use of
firearm is justifiable only by virtue of the Doctrines of Self-defense, Defense of
Relative, and Defense of Stranger, and if the police has probable cause to believe
(based on facts) that the suspect poses an imminent danger of death or serious
physical injury to the police or other persons.
The officer-in-charge must ensure that no innocent civilian is caught in the

crossfire (Rule 6 and 7 supra).
Things to be done after a raid where an armed confrontation ensued.

The officer-in-charge shall:
✓ Secure the sight of the confrontation;

✓ Check whether the situation still poses imminent danger;
✓ Evacuate the wounded to the nearest hospital;
✓ Account for the killed, wounded and arrested persons for proper
disposition (Rule 9, ibid)
Jurisdictional Investigation. The police unit which has jurisdiction over the
area of the armed confrontation, together with the SOCO team, if any, shall
immediately undertake the necessary investigation and processingof the scene of
the encounter (Rule 10, PNP Operational Procedures).
Don’ts in Raid
1. Don't take unnecessary chances.

2. Don't underestimate the ability or courage of the subject(s).
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3. Don't raid when not properly prepared.

4. Don't endanger the lives of bystanders.
5. Don't use police personnel who are not well-acquainted with each other.
6. Don't forget gas masks when employing teargas.
7. Don't be unnecessarily violent on the subject(s).
8. Don't shoot unless very imperative.
9. Don't touch the evidence unless seen by witnesses, or by the owner or
occupant of the place.
LESSON 5: CUSTODIAL INVESTIGATION
CUSTODIAL INVESTIGATION
 It is the skillful questioning of a suspect or a hostile witness to
divulge information on the crime being investigated.
 It must be remembered, however, that police investigators
cannot learn proper investigation merely by reading books.
The success of the investigation depends on its legality, topic,
physical insight and experience.
Duties of the Police During Custodial Investigation
1. The arresting officer, or the investigator, as the case may be, shall
ensure that a person arrested, detained or under custodial investigation
shall, at all times, be assisted by counsel, preferably of his own choice;
2. The arresting officer, or the investigator, as the case may be, must inform
the person arrested, detained or under custodial investigation of the
following rights under the Miranda Doctrine in a language or dialect
known to and understood by him:
a.S That he has the right to remain silent;
b. That if he waives his right to remain silent, anything he says can be
used in evidence against him in court;
c. That he has the right to counsel of his own choice;
d. That, if he cannot afford one, he shall be provided with an independent and
competent counsel; and
e. That he has the right to be informed of such rights.
3. If the person arrested, detained, or under custodial investigation has
opted to give a sworn statement, the arresting officer, or the
investigator, as the case may be, must reduce it in writing (Annex “P”-
Sworn Statement);
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4. The arresting officer must ensure that, before the sworn statement is
signed, or thumb-marked if there is inability to read and to write, the
document shall be read and adequately explained to the person
arrested, detained or under custodial investigation by his counsel of
choice, or by the assisting counsel provided to him, in the language or
dialect known to him;
5. The arresting officer, or the investigator, as the case may be,
must ensure that any extrajudicial confession made by a person
arrested, detained or under custodial investigation shall be:
a. In writing;
b. Signed by such person in the presence of his counsel; or
c. In the latter’s absence, upon a valid waiver, and in the presence of
any of the parents, elder brothers and sisters, his spouse, the
municipal mayor, the municipal judge, district school supervisor,
priest, imam or religious minister chosen by him.
i. Failure of the arresting officer, or the investigator, to observe
the above-mentioned procedures shall render the extrajudicial
confession inadmissible as evidence in any proceeding;
6. The arresting officer, or the investigator, as the case may be,
must, under established regulations, allow the person arrested,
detained, or under custodial investigation visits by or conferences
with any member of his immediate family, any medical doctor, priest,
imam or religious minister chosen by him or by any member of his
immediate family or by his counsel, or by any local Non-
Governmental Organization (NGO) duly accredited by the
Commission on Human Rights (CHR) or by any international NGO
duly accredited by the Office of the President. His “immediate family”
shall include his spouse, parent or child, brother or sister,
grandparent or grandchild, uncle or aunt, nephew or niece, guardian
or ward, and fiancé or fiancée; and
7. After interrogation, the person under custodial investigation shall
have the right to be informed of his right to demand physical
examination by an independent and competent doctor of his own
choice. If he cannot afford the services of a doctor of his own
choice, he shall be provided by the State with a competent and
independent doctor to conduct physical examination. If the person
arrested is female, she shall be attended to preferably by a female
doctor.
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The physical examination of the person under custodial investigation

shall be contained in a medical report, which shall be attached to the
custodial investigation report.
DETENTION
The following are the policies and procedures in the admission,
visitation, transfer and release of detainees:
A. Admission
1. Any person arrested due to the commission of a crime/s;
2. Arrested suspects covered by a Commitment Order; and
3. Arrested suspects who are under custodial investigation.
However, under no circumstances should the arrested suspects
under custodial investigation be held in the detention center
beyond the prescribed reglementary period, unless, while in
custody, appropriate charges have been filed and a Commitment
Order has been issued by the court concerned or he signed the
required waiver of the rights under the provisions of Article 125 of
the RPC.
B. Requirements for Admission
Prior to the admission of arrested suspect, the following mandatory
requirements shall be submitted to the Chief, Detention/Custodial Center:
1. Request for Custody of the arresting unit or the Commitment Order from
the Court;
2. Proof of medical examination or medical certificate of the detainee
to be provided by the arresting unit requesting for custody; and
3. Case folder of the detainee containing the accomplished
booking sheet for the arrested suspect and the Information filed
with the Prosecutor’s Office.
C. Segregation of Detainees
As much as practicable, detainees must be segregated according to gender
and to the classification of crimes committed.
D. Visitation
Any person arrested and detained at the PNP Detention/Custodial Center
shall be allowed visits by or conferences with any member of his
immediate family, or any medical doctor or priest or religious minister
chosen by him or by any member of his immediate family or by his
counsel, or by any local NGO duly accredited by the CHR or by any
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international NGO duly accredited by the Office of the President, subject

to the following conditions:
1. The Chief, Detention/Custodial Center or his duly authorized
representative is authorized to apportion the number of visitors per
detainee at any given time as the space of the visitor’s area may
allow.
2. With respect to detainee’s family members, public and/or pertinent
document must be presented to prove their relationship with the
detainee.
3. Visitors wearing the color of the detainee’s uniform shall be advised to wear
other colors.
4. The Custodial Center, an informal and temporary penal facility for
arrested suspects, shall not allow conjugal visits for detention
prisoners.
5. The counsel of the accused has the right to visit the latter subject
to the existing security rules and regulation of the Center.
6. No camera, video equipment, cellular phone and similar devices are allowed
inside the visiting area.
7. All visitors shall be frisked for deadly weapons, firearms and other
prohibited items.
Transfer of Custody
1. Upon receipt of the Commitment Order from the court, the Chief,
Detention/Custodial Center shall personally coordinate with the
issuing court to ascertain the validity of the order;
2. Upon confirmation, the Chief, Detention/Custodial Center
must coordinate with the receiving detention facility for the
immediate transfer of custody; and
3. Prior to the transfer of custody, the arrested person shall be
subjected to medical examination by a PNP medico-legal officer or
any government physician in the absence of PNP medico-legal
officer. Medical examination is mandatory before any transfer of
custody of arrested person.
Release
1. The Chief of Office shall be the sole approving authority in releasing
detention prisoner.
2. Upon receipt of the Release Order from the court, the Chief,
Detention/Custodial Center shall personally coordinate with
the issuing court to ascertain the validity of the order.
3. Upon confirmation, the Chief, Detention/Custodial Center must
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coordinate with the arresting unit if there are other legal

impediments to the release.
4. The Chief, Detention/Custodial Center shall likewise check the
Directorate for Investigation and Detective Management
(DIDM)’s Arrest and Warrant Registry to determine if the
detainee to be released has other pending warrants of arrest.
5. Granting that all documents are legally in order, the Chief,
Detention/Custodial Center shall prepare the memorandum
addressed to the Chief of Office for the approval of the release.
6. If there are valid grounds to sustain further detention, the Chief of
Office in coordination with the arresting unit, will prepare the
appropriate manifestation to the court containing therein the ground/s
for objection.
7. Prior to the official release of the detainee, the Chief,
Detention/Custodial Center must bring the detainee to the Office of
the PNP Health Service or Rural Health Unit for medical
examination, which shall form part of the records/case folder of the
subject detainee.
8. The Property or Evidence Custodian Officer shall be responsible for
the custody of all the properties seized from the detainee prior to his
detention. The former shall release the same to the detainee
immediately upon his discharge from detention.
Transporting Detention Prisoner

1. If transported by a patrol jeep, the subject must be seated on the
right rear seat and a PNP escort shall sit at the rear on the left
side facing the subject. Hands of the subject should be secured by
handcuffs under his knees.
2. If transported by a patrol car, subject must be seated on the right
rear seat and the PNP escort personnel shall sit on the left rear
seat. Hands of the subject should be secured by handcuffs under
his knees.
3. In no case shall a Detention Prisoner be transported using public
utility land vehicles that are not exclusively utilized for the
purpose.
4. In no case shall a high-risk Detention Prisoner be transported without proper
escort and handcuffs.
5. Female detainees shall be transported in handcuffs, preferably aided by a
police woman.
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6. In no case shall a Detention Prisoner be allowed out of the Detention Cell

without proper escort.
7. Transport and escort of Detention Prisoner shall be limited only from
the detention cell to the proper office for inquest, or court for
hearing, or to the nearest hospital/clinic in case of the mandatory
medical examination prior to detention or during actual medical
emergency, or in court-permitted transport.
8. In no case shall a Detention Prisoner be allowed travel and escort
outside the detention cell to places devoted for recreation,
worship, entertainment, meals and dining and others of similar
and analogous description, unless upon lawful orders of the court.
9. Detention Prisoners shall as much as possible be transported
wearing detention prisoner uniform or proper attire that may identify
them as a detention prisoner.
LESSON 6: CONFESSION VERSUS ADMISSION
Generally the evidence of a party are those obtained and/or

supplied from his own side. However evidence may be taken from the
opposite party especially those which the latter does not voluntarily present
because they are adverse to him. They are in the form of:
(i) Admissions
(ii) Confessions and
(iii) Declarations against Interest.
ADMISSIONS
Section 26. The act, declaration, or omission of a party as to a relevant

fact maybe given in evidence against him.
Concept of Admissions
The voluntary acknowledgement made expressly or impliedly by a party to

a case or by another by whose statement the party is bound, against his interest, of
the existence or truth of such fact in dispute, material to the issue. By this meant that
a party to a case performed an act, made a declaration/statement whether oral or
written, or omitted to do something, which is contrary to his cause of action or to his
defense, and which may therefore be used as evidence against him.
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Kinds
A. As to where it is made:
Judicial ( if made in the proceedings of the case where it is to be used as
evidence) or (ii). extra judicial (if made outside the proceedings of the case)
B. As to how made:
 Express or
 Implied
C. As who made the admission:
 By the party to the case either as the offended party or accused; or
as the plaintiff or defendant
 Third person due to the principle of Vicarious Admissions or
Adoptive Admissions.
D. As to form:
 By an act or conduct
 Declaration either oral or written or
 through an omission
E. As to their effect:
 Against Interest or
 Self-serving admissions
Reason for the Rule:
Presumption of truth in the admission in that no person would do an act or

declare something which is contrary to his own interest unless such act or
declaration is true.
Requirements for Admission
1. It must be relevant to the issues in the case

2. It must be express, certain, definite and unequivocal. A declaration which
goes: “ I am not sure if I still owe money to X” or “ I do not recall having uttered
those words or did the act”, “Maybe I was in error”, are not admissions.
1. Must be an admission of a fact, not an expression of an opinion
2. Must not be self-serving (Self serving admissions are
those made to favor a declarant) because:
a. they are hearsay i.e. they are testified to by person who
have no personal knowledge of the truth of the declarations
b. they are inherently untrustworthy Examples are those where
a person disclaims liability or creates a right or a defense in
his own favor
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c. it would open the door to fraud, fabrication of testimony and

commission of perjury.Examples: Affidavits ; entries in
diaries; self-praises
3. It must have been made freely and voluntarily
Evidentiary Value:
1. Either as independent evidence to prove a fact or
2. For purposes of impeachment
Example: Defendant files an Answer claiming he has fully paid his
obligation. Plaintiff presents W to testify that Defendant borrowed money from
him to purposely pay off defendant’s debt to plaintiff, such testimony by W is
either to prove:
(i) the existence of an unpaid money to plaintiff and/or
(ii) to destroy defendant’s credibility as to his defense.
How to Prove
An admission may be proved by the testimonies of those who heard the

oral statement or to whom it was given, or who saw the act, and by presenting the
written declaration itself.
Examples of Admission By Conduct:
 An employee’s act of tendering her resignation immediately after the

discovery of the anomalous transaction is indicative of her guilt as
flight in criminal cases.
 Resignation is not a way out to evade administrative liability.Flight is
indicative of guilt: “The guilty fleeth while no man pursueth but the
innocent is as bold as a lion ( Proverbs)” but the reverse is not true:
i.e. that non-flight is indicative of innocence.
 Disguise or sudden unexpected change of address, are admissible
to prove guilt. Unexplained delay is an admission of lack of merit as
in:
(a) claim of self defense
(b) of a cause of action or defense
 Sending/giving an apology (gift-offerings), asking for
forgiveness, are admissible as proof of guilt or fault
 But repair of vehicles involved in a collision is an exercise of a
right and not an admission of fault.
 The act of a lessor in repairing the leased tenement is an implied
admission that he is the party with the obligation to make repairs
and not the lessee.
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CONFESSIONS
CONCEPT/RULE:
The voluntary acknowledgement by a person of his guilt of the offense charged or
of any offense included therein, may be given in evidence against him. (Section 33)
Compared with Admissions.

❖ As to concept and coverage: An admission is broader as it covers any fact
so long as its adverse to the interest of the party. A confession is limited to the
act of an accused acknowledging that he committed or participated in the
commission of a crime. A confession is a specie of admissions.
❖ As to form: An admission may be in the form of an act, declaration or
omission, expressed or implied. A confession is always in the form of written
or oral declaration, and is always expressed.
❖ As to where admissible. An admission is admissible in evidence in both civil
and criminal cases whereas a confession is admissible only in criminal cases.
❖ As to the author: an admission may be made by a party or by third persons.
A confession is made only by the accused personally.
Evidentiary value:
1. Confessions are admissible against the confessant. They are evidence of a

high order for the reason that no person in his right senses would admit his
guilt or participation in the commission of a crime, knowing that it would
subject him to punishment. He must be prompted by truth.
2. But for purposes of conviction, the confession must be corroborated by
evidence of corpus delicti (body of the crime) pursuant to Section 3 of Rule
133.
 Corpus delicti, or the fact that a crime was committed, has two
elements:
 an injury or harm which was suffered by a person and
 the cause or origin thereof must be criminal in nature
 As to oral extra-judicial confessions, they afford no conclusive proof of
that which they state but merely present a prima facie case. It may still
be proved they were uttered/made in ignorance, or levity or mistake.
CLASSIFICATION OF CONFESSIONS
 Judicial: when the accused pleads guilty during the arraignment, or when the
accused testifies and admits the offense.
 Extra Judicial which may either be custodial or non-custodial, written or oral.1.
 Custodial: includes all situations where a person is under the custody of, or
deprived of personal liberty by, public officials whose functions include the
apprehension of criminals and/or investigation of crimes, who are often the
law enforcement agents, as well as those tasked to enforce the law violated.
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a. The person may have been lawfully arrested by virtue of a warrant of

arrest
b. The person was arrested lawfully without a warrant
c. The arrest is illegal
d. The person voluntarily surrendered
e. The rule applies whether or not a formal charge has already been filed
in court, or a crime is still being investigated and the person is merely a
suspect.
 Non-custodial: either the confessant is not in the custody of any person or is
custody but the custodians are private persons, private security agencies, or
of their employers, or even of public officials but who are not law enforcement
agents, such as the Mayor or the Barangay Captain.
REQUIREMENTS FOR ADMISSIBILITY
That the confession must be voluntary i.e it was given freely, knowingly
and intelligently.
1. This requirement applies to all kinds of confessions

2. The accused gave the confession of his own free will, with full
understanding and knowledge of its consequences and that he was not
coerced, pressured, forced, intimidated or improperly influenced, or
subjected to third degree.
• The force or intimidation need not be applied personally to the
confessant but to a third person so long as the purpose is to
affect the will of the confessant and the giving of the confession
is the condition for the force to stop.
• The Test of Voluntariness involve two aspects:
 The susceptibility of the suspect to be influenced by fear or force considering
his:
✓ Background
✓ Intelligence
✓ Education
✓ prior experience with the system
✓ physical condition
✓ mental condition and
✓ coping skillsb).
 Environment and Method of Investigation used which include considering
✓ the location of the setting
✓ length of the questioning
✓ intensity
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✓ frequency of the questioning

✓ food and sleep deprivation and
✓ intimidating presence of officers
 In the event the confession was due to an inducement, consideration, promise
or exhortation, the following rules govern:
✓ The confession is voluntary if due to religious exhortation
✓ Voluntary if due to given due to material considerations or
promise or reward of material or financial or any form of gain
✓ In case of a promise of immunity, it is involuntary if the promise
was made by one who is in a position to fulfill the promise, such
as the investigating officer or the complainant. But a promise by
the police that he will get a lower penalty does not make the
confession involuntary.
✓ But if the accused gave a confession as a condition for being
discharged as a state witness but he later refused to testify, his
confession is voluntary
✓ Involuntary if due to a promise or offer of a pardon by one who is
in a position to work for it.
 Admissibility of Confession obtained by Trickery or Deceit
✓ The general rule is that the use of artifice, trickery or fraud in inducing a
confession will not alone render the confession inadmissible as evidence.
For examples: those obtained by detective posing as
prisoners or obtained by promise of secrecy and help to escape
or by conversations between suspects and undercover agents
are admissible.
✓ The Miranda rule does not apply because when a suspect considers himself in
the company of cell mates and not officers, the coercive atmosphere is lacking.
Miranda forbids coercion, not mere strategic deception by taking advantage of a
suspect’s misplaced trust in one he supposes to be a fellow prisoner.
But the rule is different when the suspect has already
been indicted or arraigned.
The Massiah rule based in the case of Massiah vs. U.S. states that once
adversary proceedings have been commenced against an individual, he is entitled to
counsel and the government may not deliberately “elicit” incriminating statements
from him, neither openly by uniformed officers or by secret agents.
The Massiah rule includes “stimulated” conversions to “elicit” incriminating
evidence or any form of “INDIRECT SURREPTITIOUS INTERROGATION”
However, Massiah does not apply when a cellmate, who agreed to be an
informer, merely listened to the suspect and did not initiate any conversation
purposely to lead the suspect to “talk”.
Additional Requirement for Custodial Confession to be admissible
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1. The confession must be in writing

2. In a language known or understood by the confessant
3. It was given with the assistance of counsel, or that the right to counsel was
properly waived ( in writing and with the assistance of counsel) and the
confessant was properly Mirandized.
a. The giving of the constitutional warnings must appear in the confession
and in fact must preface the questioning
b. The giving must be in a manner which communicates meaningful
information to the confessant
c. Counsel refers to a competent, able and independent counsel; one who
is vigilant and aware of his responsibility as assisting counsel. He was
either chosen by the accused or provided him by friends or relatives, or
one appointed by the court upon Petition by the confessant or by one
acting in his behalf
d. If counsel as provided by the investigating officer, the counsel shall be
deemed engaged by the confessant if he never raised any objection
against the former’s appointment during the course of the investigation
and thereafter subscribed to the veracity of his statement before the
administering officer.
4. It must be signed or thumb marked by him.
RULE As to Self-Incriminatory Statements or “Non Confessional Acts” by

persons in custody.
1. Signed Receipts of Property Seized are in admissible unless the accused
was Mirandized. Under the 2002 Dangerous Drugs Law, the signing of the
Inventory of Seized Articles by the accused is expressly declared to be not
admissible as evidence against him.
2. Evidence based on re-enactments are also inadmissible unless the re-
enactment was with counsel or the right to counsel was properly waived.
3. Facts voluntarily divulged to the media are admissible as admissions
unless the media was in collusion with the police to elicit
inculpatory/incriminatory statements, in which case the constitutional
warning should first be given before any interview; or if the media was
instructed to extract information as to the details of the crime.
4. After the accused was properly informed of his rights, facts voluntarily
divulged by him without being asked, are admissible, unless these
statements were the result of some ploy or stratagem by the police, as in
the case of the “good cop-bad cop” approach.5. However, even if the
confession is inadmissible, still the evidence may be admitted under other
principles, notably: the doctrines of Inevitable Discovery; Independent
Source, and Attentuation.
PRESENTATION OF CONFESSION.
1. Through the officer who took the confession who shall identify the confession,
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the signature of the accused therein and his counsel if with the assistance of
counsel, and who shall testify as to the giving of the constitutional warnings,
and that the giving of the confession as voluntary.
a. The presumption of regularity in the performance of duty cannot be availed
of to assume the constitutional warnings were properly given.
2. Through the testimony of the person to whom the confession was handed, if it
was not taken b the police, or to whom the oral confession was made.
INADMISSIBLE CONFESSIONS: EFFECT THEREOF

1. A confession is inadmissible if in any of the following cases:
a. involuntary or coerced
b. there was failure to give the constitutional warning properly as to
custodial confessions or if the latter was uncounseled and right to
counsel was not properly waived.
2. The inadmissibility is total even if the contents are absolutely true and in
case of custodial confessions, the inadmissibility extends to all evidence
derived there from under the Fruit of the Poisonous Tree Doctrine.
 Confession acknowledges the guilt of a person that he is the one who

committed the offense. As such, Confession is the most reasonable evidence
for prosecuting a case because no person would probably admit his guilt that
he was the one who committed the offense if it was not really true at all.
 While admission is a mere acknowledgment of an accused that he may be in
the crime scene but not the one who committed the offense. He may not
accept the liability for such crime and may invoke defenses to sway the fault
to others. But such admission may be used as evidence against him during
the trial of the case.
 Further, confession has two kinds, the judicial confession and extra-judicial
confession. Judicial confession is made before the court of justice especially
during arraignment when an accused is asked by the judge whether he is
guilty or not of the crime charged. Or it may do during the trial of the case.
 Extra-judicial confession on the other note, is made out of court, one is during
custodial investigation when the accused is brought before the law enforcers
for an interrogation. Extra-judicial confession to be admissible must be a)
voluntary; b) made with the assistance of a competent and independent
counsel; c) express; and d) in writing.2 These requirements must be strictly
complied and observed for a confession to be accepted as evidence by the
court.
 The Supreme Court in a long line of cases explained that confession to be
admitted as evidence must be accepted with vigilance to make sure that such
is a true confession of the person not affected by any improper influence.
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CHAPTER 2: OBTAINING INFORMATION AND

INTELLIGENCE
LESSON 1: INTERVIEW AND INTERROGATION
Knowledge obtained through questioning and physical evidence is equally

important. Physical evidence can provide a basis for questioning people about a
crime, and questioning can provide leads for finding physical evidence. Although
physical evidence is important by itself, supporting oral testimony adds considerable
value when presented in court. Conversely, although a confession may appear
conclusive, it cannot stand alone legally. it must be supported by physical evidence
or other corroborations.
SOURCES OF INFORMATION
In addition to physical evidence, three primary source of information is
available.
Important sources of information include

1. reports, records and databases, including those found on the internet
2. people who are not suspects in a crime but who knows something about the
crime or those involved; and
3. suspects in the crime.
Informants
An informant is anyone who can provide information about a case but who is not
a complainant, witness, victim or suspect. Informants may be interested citizens or
individuals with criminal records.
Informants are frequently given code names, and only the investigators know
their identity. In some instances, however, informants may not remain anonymous,
and their identity might have to be revealed. Be extremely careful in using such
contacts. Never make promises or deals you cannot legally fulfill. Many jurisdictions
have policies regarding the use of juveniles as informants, specifying a certain
minimum age for informants or requiring police to first get permission from a court,
parental or legal guardian.
Confidential Informants (CI) (Informer)
is described as "a person formally registered with and compensated by the

department for supplying information or performing a service, such as controlled
purchase of drugs. Compensation may take the form of money and/or a reduced
sentence for criminal behavior. Feuer and Baker (2008) call CIs a detective's best
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friend."They act as eyes and ears. They serve as secret tipsters. They take the
police, by proxy, to the dangerous and privileged places where badges cannot go".
CIs are recruited and managed in secret, making it hard to determine how many
there are.
INTERVIEWING AND INTERROGATING
Information is obtained continuously throughout an investigation. Some is

volunteered, and some the police officer must really work for; some is useful and
some worthless or even misleading. Most of an officer's time is spent meeting people
and obtaining information from them, a process commonly referred to as either an
interview or an interrogation. An interview is questioning people who are not
suspects in a crime but who know something about it or the people involved. An
interrogation is questioning those suspected of direct or indirect involvement in a
crime. The ultimate goal of interviewing and interrogation is to determine the truth,
that is to identify the those responsible for a crime and to eliminate the innocent from
suspicion.
CHARACTERISTICS OF AN EFFECTIVE INTERVIEWER/INTERROGATOR

1. Adaptable and culturally adroit. Your cultural and educational background
and experience affect your ability to understand people from all walks of life,
to meet them on their own level in varied subjects and to adapt to their
personalities, backgrounds and lifestyles.
2. Self-controlled and patient. Use self-control and patience to motivate people
to talk. Be understanding yet detached, waiting for responses while patiently
leading the conversation and probing for facts. Remain professional,
recognizing that some people you interview may feel hostile toward you.
3. Confident and optimistic. Do not assume that because the person you are
questioning is a hardened criminal, has an attorney, is belligerent or is better
educated than you that no opportunity exists to obtain information. Show that
you are in command, that you already know many answers and that you want
to corroborate what you know. If the conversation shifts away from the
subject, steer the discussion back to the topic.
4. Objective. Maintain your perspective on what is sought, avoiding
preconceived ideas about the case. Be aware of any personal prejudices that
can interfere with your questioning.
5. Sensitive to Individual rights. Maintain a balance between rights of others
and those of society. Naturally, suspects do not want to give information that
conflicts with their self-interest or threatens their freedom. Moreover, many
citizens want to stay out of other people's business. Use reason and patience
to overcome this resistance to becoming involved.
6. Knowledgeable of the elements of the crime. Know what information you
need to prove the elements of the crime you are investigating. Phrase
questions to elicit information related to these elements.
EFFECTIVE QUESTIONING TECHNIQUES
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Most cases are solved through effective questioning techniques. Investigators

use questions and repetition effectively and know how to question reluctant subjects.
No matter which technique or combination of techniques selected, you should follow
two key requirements.
TWO BASIC REQUIREMENTS TO OBTAIN INFORMATION:
To LISTEN; and
To OBSERVE.
Interview/Interrogation Guidelines
1. Ask one question at a time and keep your responses simple and direct.
2. Avoid questions that can be answered "yes" or "no"; a narrative account
provides more information and may reveal inconsistencies in the person's
story.
3. Be positive in your approach, but let the person save face if necessary so that
you may obtain further information.
4. Give the person time to answer. Do not be uncomfortable with pauses in the
interview.
5. Listen to answers, but at the same time anticipate your next question.
6. Watch your body language and tone of voice.
7. Start the conversation on neutral territory.
8. Tape recorders can be frightening
9. React to what you hear.
10. As you move into difficult territory, slow down.
11. Don't rush to fill silence
12. Post the toughest questions simply and directly
13. No meltdowns. You must establish professional distance. Keep your role
clear.
DIRECT Versus INDIRECT QUESTIONS
 A subtle but important difference exists between direct and indirect questions.
A direct question is to the point, allowing little possibility of misinterpretation.
 Knowing the elements of the crime you are investigating lets you select
pertinent questions.
REPETITION
 Individuals are asked to tell and retell their version of what happened and for
very good reasons. Someone who is lying will usually tell a story exactly the
same way several times. A truthful story, however, will contain the same facts
but be phrased differently each time it is retold. After a person has told you
what happened, guide the discussion from other aspect of the case. Later,
come back to the topic and ask the person to repeat the story.
 Often repeating what someone has told you helps the person provide
additional information. Sometimes it also confuses the person being
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questioned, and if the original version was not true, another repetition will
reveal this fact. If inconsistencies appear, go back over the information and
attempt to account for them.
TAPING AND VIDEOTAPING INTERVIEWS AND INTERROGATIONS
✓ Annad (2008) notes, "Tired of the debate over who said what, many agencies
use new digital technology to record all interviews of suspects, victims, and
witnesses". Collins (2006) suggests "Police interrogators, especially those that
produce incriminating evidence or even a confession, may need to be recorded
in order to withstand increased judicial or legislative scrutiny in the coming
years".
✓ Some agencies are videotaping interviews and confessions rather than simply
recording them. More than half of all police agencies videotape at least some
portion of investigative interviews and interrogations (Sphar, 2006)
Benefits of such videotaping include:
1. The reduced need for copious note taking,

2. and increased focus on suspect dialogue and mannerism.
3. greater accuracy in documenting suspect's statements;
4. Increased transparency of detective behavior and line of questioning
5. use of the interview tapes for review and training.
LESSON 2: THE INTERVIEW
INTERVIEW
Interviewing involves talking to the people, questioning them, obtaining

information and reading between the lines. The main sources of information at the
crime scene are the complainant, the victim and the witnesses (These may be the
same person). Separate the witnesses and then obtain a complete account of the
incident from each one.
Note: Interview witnesses separately if possible. Interview the victim or complainant

first, then
eyewitnesses and then people who did not actually see the crime but who have
relevant information.
STEPS OF INTERVIEW
1. Advance Planning - many interviews, at least initial one, are conducted in
the field and allow no time for planning. If time permits, plan carefully for
interviews. Review reports about the case before questioning people. Learn
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as much as possible about the person you are going to question before you
begin the interview.
2. Selecting Time and Place - Sometimes there is no time to decide when and
where to conduct an interview. Arriving at the crime scene, you may be
confronted with a victim or witness who immediately begins to supply
pertinent information. Recall that these res gestae statements are extremely
valuable. Therefore record them as close to verbatim as possible.
3. Beginning the Interview - starting the interview is really important. At this
point, the interviewee and the interviewer size each other up. Mistakes in the
beginning the interview can establish insurmountable barriers. Make your
initial contact friendly but professional. Begin by identifying yourself and
showing your credentials. Then ask a general question about the person's
knowledge of the crime.
4. Establishing Rapport - rapport is probably the most critical factor in any
interview RAPPORT is an understanding between individuals created by
genuine interest and concern. It requires empathy. Empathy means
accurately perceiving and responding to another person's thoughts and
feelings. This differs from sympathy, which is an involuntary emotion of feeling
sorry for another person.
A. Give reluctant witnesses confidence by demonstrating self-assurance.
B. Give indifferent witnesses a sense of importance by explaining how the
information will help a victim. Remind them that someday may be victims
themselves and would then want others to cooperate. Find a way to
motivate every witness to talk with you and answer your questions.
C. Careful listening enhances rapport. Do not indicate verbally or non -
verbally that you consider a matter trivial or unimportant; people will sense
if you are merely going through the motions.
5. Networking an Interview - Most people are familiar with the concept pf a
business or professional network - a body of personal contacts that can
further one's career. Networks also establish relationships between people
and their beliefs. Networks produce a context in which to understand a
person. These networks maybe social, ethnic, cultural, business,
professional/occupational, religious or political.
THE QUESTIONING PROCESS
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One effective approach involves thinking of the questioning process as a funnel,

similar to a funnel used to pour a liquid. In its design, a funnel is broad near the top
and gradually narrows until it culminates in a very small opening at the bottom. Using
this analogy and employing the categorization of questions as either closed or open-
ended, interviewers should begin the information gathering phase with broad, open-
ended inquiries designed to obtain as much information as possible and culminate
the process with very direct and specific closed questions The funnel approach as
described is part of a system of strategies that more broadly comprise various
cognitive interviewing techniques which are designed to enhance memory relevant to
investigative interviewing.
OPEN-ENDED QUESTIONS Open-ended questions are those that cannot be

answered with a single word (e.g., yes or no); require thought; and are designed to
encourage full, meaningful answers using the subject’s knowledge, attitudes,
opinions, beliefs or feelings
CLOSE-ENDED QUESTIONS elicit simple, brief and often narrowly defined one-
word responses. Closed-ended questions are simple and direct and by design, they
limit the subject’s response. Closed-ended questions that prompt a yes or no
response or any other kind of A or B response.
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BE CAREFUL OF HOW YOU WORD YOUR QUESTIONS

Interviewers can influence subjects by the words they use. The precise questions
asked during an interview are crucial because even slight changes in wording can
produce a different answer. Therefore, during the information-gathering phase or
when broad open-ended questions are being employed at the outset of the interview,
careful consideration should be given to the choice of words, especially descriptive
adjectives and action verbs. Investigators should refrain from using words that could
lead a person in a specific direction. Through the use of emotionally laden words,
investigators can inadvertently contaminate an interview by suggesting to the subject
the answer they want.
AVOIDING INTERVIEW CONTAMINATION
FOCUS ON INTERVIEW ENVIRONMENT

Questions to Consider
• Where should the interview take place?
• How should the room be configure?
• Who should conduct the interview?
Strategies to Use
• A location free of distractions
• Without barriers (e.g. desk or plants) between interviewer and subject
• One interviewer builds rapport and engenders trust more easily. Two
interviewers should use a team approach; one asks questions and the other
takes notes.
FOCUS IN INTERVIEWER'S BEHAVIOR
• How can interviewers encourage subjects to talk.

• How many interviewers encourage subjects to listen?
Strategies to Use
• Use an open and relaxed posture, facing the subject, lean forward make eye
contact, nod and occasionally say "uh huh" and "okay".
FOCUS IN INTERVIEWER's QUESTIONS
• What is a model for posing questions?

• What are the benefits of open-ended questions?
• What are the benefits of closed questions?
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• How can interviewers ensure thoroughness?

• What are other cautions during questioning?
Strategies to Use
• A funnel, with open-minded followed by closed questions

• Gather complete information, minimize the risk of imposing views on subject
and help assess subject's normal behavior.
• Elicit specific details, ensure accuracy and help detect deviations or changes
in subject.
• Address the basics of who, what, where, how and why?
• Never asks questions that disclose investigative information and lead subject
toward a desired response.
LESSON 3: THE INTERROGATION
INTERROGATION
 Questioning suspects is usually more difficult than questioning witnesses or
victims. Once identified and located, a person who is involved in a crime may
make a statement, admission or confession that, corroborated by independent
evidence, can produce a guilty plea or obtain a conviction.
 One of the most critical is ensuring that you do not violate suspect's
constitutional rights, so that the information you obtain will be admissible in
court. It is imperative that officers distinguish between questioning in a Terry-
type/stop/detention situation and a custodial situation requiring giving the
Miranda warning.
The Miranda Warning

Before interrogating any suspect in custody, you must give the Miranda
warning, as stipulated in Miranda v. Arizona (1966). In the decision, the Supreme
Court ruled that suspects must be informed of their right to remain silent, to have an
attorney present and to have a government-appointed attorney if they cannot afford
private counsel. Suspects must also be warned that anything they say may be used
against them in court.
The Miranda warning informs suspects of their Constitutional rights. Give the
Miranda warning to every suspect you interrogate while in custody.
 The Miranda warning is given once you have reasonable grounds to believe a
person has committed a crime, because that person's constitutional rights are
in jeopardy. Thus, Miranda warning is given before any questioning.
 The terms most often used to describe when Miranda warning should be
given are in custody or custodial arrest. In custody generally refers to a point
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at which an officer has decided a suspect is not free to leave, there has been
considerable deprivation of liberty or the officer has arrested the suspect.
WHEN MIRANDA DOES NOT APPLY?
1. The Miranda warning are not required during identification procedures such
as fingerprinting, taking voice or handwriting exemplars or conducting a lineup
or sobriety tests.
2. They are not required during routine booking questions, during brief on-the-
scene questioning or during brief, investigatory questioning during a
temporary detention such as Terry stop.
3. A Miranda warning is also not required during roadside questioning following
a routine traffic stop or other minor violation for which custody is not ordinarily
imposed.
4. Miranda warnings are not required by probation officers questioning those on
probation for whom they are responsible.
5. Finally, a warning is not required during questioning by a private citizen who is
not an agent of the government.
WAIVING THE RIGHTS
A suspect can waive the rights granted by Miranda but must do so intelligently
and knowingly. A waiver, that is giving up of a right, is accompanied by a written or
witnessed oral statement that the waiver was voluntary.
Silence, in itself, is not a waiver. Police have the legal burden of proving
that the suspect did waive his or her rights. The suspect retains the right to stop
answering questions at any point, even when he or she originally waived the right to
remain silent
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According to the Davis rule, as established in Davis v United States (1994),

"where it is necessarily clear that a suspect who has already waived his rights is
asking for an attorney, the court declined to place the burden of resolving the
ambiguity on the police" (Rutledge, 2006). In this case, the suspect, who had waived
his Miranda rights, said about an hour and a half into the interrogation, "Maybe I
should talk to a lawyer". Thus, the court said, " The suspect must unambiguously
request for counsel present. He must articulate his desire to have counsel present
sufficiently clear that a reasonable police officer in the circumstances would
understand the statement to be a request for an attorney".
TACTICAL INTERROGATION
The need for obtaining information of highest degree of credibility on the minimum of
time. The objectives of interrogation vary and depend entirely on the situation in
which the interrogator finds himself. He must therefore be fully aware of the
objectives for each interrogation.
DEFINITION OF TERMS
❖ interrogation - the systematic asking of questions to elicit information in the
minimum of time.
❖ interrogator - person who does the questioning.
❖ interrogee - any person who is subjected to the interrogation process in any
of its forms and phases.
❖ Suspect - any person believed to be associated with prohibited activity.
❖ Source - a person who for any reason submits information of intelligence
interest usually on a voluntary basis.
❖ Witness - any person who has direct knowledge of facts concerning an event
or activity.
❖ Provocateur - an individual from enemy forces who is deliberately introduce
in our custody with a specific mission of causing some unfavorable action or
reaction on our part.
❖ Screening - initial examination of an interrogee to determine the extent of his
knowledge of persons, places, things or events in which we are interested.
❖ Formal Interrogation - the systematic attempt to exploit to an appropriate
depth those are of the interrogee's knowledge which have been identified in
the screening process.
❖ Debriefing - the interrogation of a friendly interrogee who has an information
at the direction of or under the control of the intelligence service.
❖ Interview - similar to a debriefing although it is less formal and the interrogee
is not necessarily under the control or employment of the respective
intelligence service.
❖ Interrogation report - an oral or written statement of an information by the
questioning of an interrogee.
FORM OF INTERROGATION
1. DIRECT - the subject is aware of the fact that he is being interrogated, but he
may not know of the objectives of the interrogation. This in being used
extensively at the tactical level.
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2. INDIRECT - the subject is not aware that he is being interrogated. This is

being used when time is not so important.
TYPES OF INTERROGATION
1. SCREENING - usually accomplished as soon as after its capture, arrest of an
interrogee. Objective is to obtain background information about the interrogee
and determine his area of knowledge and ability.
2. FORMAL INTERROGATION (Detailed) - the systematic attempt to exploit to
an appropriate depth those areas of the interrogee's knowledge, which have
been identified in the screening process.
3. DEBRIEFING - a form of eliciting information, which is generally used when
the area of knowledge of the interrogee is known.
 Maximum use of the narrative and not try to trap the person being debriefed
with leading questions.
 The interrogator must be familiar with the subject in which the interrogation is
being conducted.
4. INTERVIEW - the interviewer must be fully aware of the actual type of
information desired and alert on the interviewee's moods and expressions.
must be factual especially if the source (interviewee) is to remain unaware of
the type of information desired.
5. INTERROGATION OF LAY PERSONNEL (Specific Type) - the techniques
used are the same as in the interrogations, however, especial effort must be
made to establish a common frame of reference between the interrogator and
the interrogee. The amount of information for this type will depend on the
interrogator's inequity in establishing common terminology on the source can
understand which will enable the interrogator get the desired information.
6. TECHNICAL INTERROGATION - the level of interrogation where the source
has specific and much more detailed information that requires a trained expert
in the subject matter to be explored. it usually covers the specific subject and
time is not as limited as the other types of interrogation.
PHASES OF INTERROGATION
1. Planning and Preparation
a. Interrogator should keep himself abreast of current development.
b. The interrogator must observe the interrogee without the latter's knowledge to
determine, his condition, habits, emotions and personal appearance.
c. The interrogator must question, any guard, or any personnel available who
has had contact with the source to determine the interrogees
attitude,circumstances of capture and how has he been treated.
d. The interrogator must examine any document found on the source in order to
determine his particular area of knowledge.
2. Approach (Meeting the Interrogee)
The first meeting with the interrogee is extremely critical because the success or
failure of interrogation may depend on the initial impression created by the
interrogator. The main objective is to develop rapport with the source in order to gain
his cooperation and induce him to questions to obtain the desired information.
3. Questioning
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The questioning portion is the heart of interrogation. The interrogator asks

questions in order to obtain the desired information.
4. Termination
 termination of interrogation will depend on various factors such as the
physical condition of the interrogee.
 The amount of information possessed by the interrogee, is so great that it will
take several sessions to complete the interrogation.
 The interrogation should be ended on a friendly basis leaving though, in the
mind of the interrogee that he may be further be interrogated at a later date.
5. Recording
 interrogator should take notes of the interrogation in cryptic if possible.
 Interrogator should take notes only when rapport has been established.
 It is desirable to record the interrogation with a tape-recording device without
the knowledge of the interrogee especially if the latter refuses to talk with an
interrogator taking notes. The recorder must be tested before and after the
interrogation.
6. Reporting
 The end product of interrogation is the tactical interrogation report containing
the information gained. Report muse be made orally or in writing depending
on the situation. Normally, oral report is followed by a written report.
 The interrogator must remain objective in his report
 The interrogator must state which information which is factual and which is
inferred as well as differential between firsthand information and hearsay.
 The interrogator must be able to evaluate the source as to its credibility.
INTERROGATION TECHNIQUES
Techniques of Approach - the purpose is to gain the cooperation of the source
and induce him to answer the questions to be asked.
1. The "Open Technique" - the interrogator is open and direct in his approach
and makes no attempt to conceal the objectives of the interrogation. it is the
best type when the interrogee is cooperative.
2. The "Common Interest" Technique - the interrogator must exert effort to
impress the interrogee of their common interest.
The interrogator must look for and point out the real advantages of the
interrogee will receive if he cooperates.
3. Record File (We Know all technique) - the interrogator prepares a file on
the source listing all known information (record should be padded in order to
appear to be very extensive).
• The information must contain the life history of the interrogee to include his
activities and known associates (Party- bio-data- of the interrogee is
important).
• The we-know-all is used in conjunction with the record file.
• During the approach, the interrogator may ask the interrogee about a
subject, if he refuses to cooperate, the interrogator may provide the
answer in order to impress him that the interrogator know him well (all is
known).
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4. Exasperation Technique (Harassment) - effectively employed against

hostile interrogee.
The interrogator must be alert because the interrogee might fabricate
information to gain relief from irritation (monotype).
• subject is placed in a longer period of interrogation without rest or
sleep.
• The interrogator permits the source to go to sleep and subsequently
awaken for another series of questioning (This is done repeatedly).
After many repetitions the interrogee will be exasperated and will finally
cooperate hoping that he will be allowed to rest or sleep.
• ask a question listen to a reply and then ask the same question
repeatedly (use tape-recorder if possible.
• the purpose is to bore the interrogee thoroughly until he begins to
answer questions freely
• to end the harassment.
5. Opposite Personality Technique - also known as "Mutt and Jeff", "Threat
and Rescue", "Bad Guy - Good Guy", "Sweet and Sour", "Sugar and Vinegar",
"Devil and Angel".
• Use of two (2) interrogators playing opposite roles.
6. Egotist Technique (Pride and Ego) - usually successful when employed
against an interrogee who has displayed weakness or a feeling of insecurity.
• You may reverse the technique by complimenting the interrogee in
hpoes of getting him to admit certain information to gain credit.
• Describe him as the best.
• Effective on the source who have been looked down upon his superiors
or collegues.
7. "Silent"Technique - employed against nervous or the confident type of
interrogee.
• Look out the interrogee squarely in the eye with sarcastic smile (force
him to break eye contact first). He may ask questions but the
interrogator must not answer. Patience is needed. When the
interrogator is ready to break silence, he may do so with a quietly and
nonchalantly asked a question that the interrogee is sure of being a
part of the subject.
8. Question Barrage" Technique (Rapid Fire Questioning) - intended to
confuse the interrogee and put him into a defensive position. The interrogee
become frustrated and confused, he will likely reveal more than he intended,
thus creating opening for further questioning.
OTHER TECHNIQUES
 Attention Grasp“ The attention grasp consists of grasping the detainee with
both hands, with one hand on each side of the collar opening, in a controlled
and quick motion. In the same motion as the grasp, the detainee is drawn
toward the interrogator.”
 Walling“ During the walling technique, the detainee is pulled forward and
then quickly and firmly pushed into a flexible false wall so that his shoulder
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blades hit the wall. His head and neck are supported with a rolled towel to
prevent whiplash.”
 Wall Standing“ During wall standing, the detainee may stand about 4 to 5
feet from a wall with his feet spread approximately to his shoulder width. His
arms are stretched out in front of him and his fingers rest on the wall to
support all of his body weight. The detainee is not allowed to reposition his
hands or feet.”
LESSON 4: THE PHENOMENON OF LYING
Lying for most of us has become a social necessity in our daily interaction
with others, especially when we mean no harm to them. However, lying becomes
less appropriate when used as an all-purpose coping strategy. According to Judge
Victor T. Llamas people lie for various reasons which include the following :
1. To gain profit and advantage, especially over matters like money, property,
wealth, power, or influence.
2. To evade punishment, avoid pain, injury, embarrassment or failure
3. To improve or enhance one's image qualification or credibility
4. To gain or maintain patronage, respect, trust and confidence to others
5. To protect others
PSYCHOPHYSIOLOGICAL SIGNS/SYMPTOMS OF DECEPTION
Gaze aversion is the most prevalent typical sing of deception. However, it

does not always mean that a person who cannot maintain eye contact is lying.
Aside from gaze aversion. there are other tale-tell signs of deception that can
be unconsciously manifested by a liar. These signs of deception have two
categories: verbal and non-verbal.
VERBAL SYMPTOMS OF DECEPTION

1. Manner of answering questions
2. Reception of questions
3. Incomplete statements or fragmented sentences
4. overly polite
5. Swearing to the truthfulness of assertion. Usually, a guilty subject frequently
utters such expression, "I swear to God, I am telling the truth" or "My mother
drops dead if I am lying". Such expressions are made forceful and convincing
the assertion of innocence.
6. Vague response
7. Use of "I don't remember...", "Not that I remember" expressions is often used
in lying suspects. The suspect will resort to the use of his expression when
answering to be evasive or to avoid committing someone prejudicial to him.
8. Assertiveness: Deceptive subject sometimes use the "religious man" and/or
"spotless past record" dialogue. The subject may assert that it is not possible
for him to do "anything like that" in as much as he is a religious man and that
he has a spotless record.
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9. Inconsistencies
10. Slip of the tongue
11. Tirades
12. Pauses
13. Speed of speech
NON- VERBAL SYMPTOMS OF DECEPTION

1. Emblems
2. Manipulators
3. Breathing
4. Sweating and flushed faced indicate anger, embarrassment or extreme
nervousness. Sweating with a pallid face may indicate shock and fear.
Sweating hands indicate tension.
5. Dryness of the mouth: Nervous tension causes reflex inhibition of salivary
secretion and consequently dryness of the mouth. This causes continuous
swallowing and licking of the lips.
6. Frequent swallowing: A stressed subject attempts to swallow saliva to wet his
dry throat. His first attempt fails so he tries it for the second time, third, fourth
and so on. This is observed in many guilty subjects.
7. Facial muscle twitching.
8. Gaze aversion: most deceptive subjects are unable to look at the investigator
"straight in the eye".
The subject does not like to look at the investigator for fear that his guilt may be seen
in his eyes. He will rather look at the flooring or ceiling.
9. Facial expressions: if the face is flushed, it may indicate anger,
embarrassment or shame. A pale face is more common sign of guilt.
10. Fidgeting: subject is constantly moving about in the chair, pulling his ear,
rubbing his face, picking and tweaking the nose, crossing or uncrossing the
legs, rubbing the hair, eyes, eyebrows, biting and snapping of fingernails, etc.
These are indicative of nervous tension.
11.
NOTE: These telltale sings of deception can be shown simultaneously or one at a
time by a
deceptive suspect while being questioned. The manifestations depend on the degree
and the type of lie the suspect is using.
TYPES OF LIES
1. DIRECT DENIAL is a lie that results to emotional disturbance. The
disturbance is caused by conflict of a person's conscience and his attempt to
deceive. This lie is manifested by the response - I DID NOT DO IT - to evade
inner conflict while seeming to answer the question.
2. LIE OF OMISSION - the type of lie is commonly used because it is easy to
tell. The act of telling what transpired but omitting details that are
incriminating.
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3. LIE OF EXAGGERATION is the type of lie used by a person who overplays

what actually happened. This could be in the form of a testimony whereby
details are added to intensify the impact of the story.
4. LIE OF MINIMIZATION involves acceptance of a person that something
happened but downplays the implication or seriousness of the offense.
5. FABRICATED LIE also called lie of fabrication, is the type of lie that is most
difficult to use. This involves the act of creating a story or series of events that
never transpired.
OTHER TYPES OF LIE

1. WHITE LIE has many other names: benign lie, honest lie, harmless lie, etc. It
is the type of lie perceived or intended not to harm, but told in order to avoid
distress or it must be uttered to maintain friendship or harmony at home or in
the workplace.
2. RED LIE sometimes called misinformation, is a lie in the form of information
that is seemingly valuable but is intended to destroy a political belief or
ideology. Red lie is better known in politics as propaganda.
NOTE: Strictly speaking, propaganda refers to an information or publicly put out by

an
organization or government to spread and promote a policy, idea, doctrine, or cause.
However, most propaganda are misleading publicity since these are in the form of
deceptive or distorted information that is systematically spread.
3. MALICIOUS LIE is a chronic (constant) lie that is intended to mislead justice.

It is usually in the form of a pure dishonest statement for the purpose of
obstructing justice.
TYPES OF LIAR
1. PANIC LIAR. This is a person who panics when questioned about his
involvement concerning a crime but immediately denies the truth to avoid
shame or humiliation that it might cause to his family. A panic liar decides to
circumvent the truth in order to avoid humiliating consequences of his
confession to himself or to his family.
2. OCCUPATIONAL LIAR. This is an individual whose job is to tell lies and
deceive other people. One who is being paid to tell lies. He is a practical liar -
he will tell lies if doing it provides a higher pay-off than telling the truth.
3. TOURNAMENT LIAR is a person who uses the act of lying to test his ability
and prove to his self that he is capable of deceiving the police authorities. One
who is gratified by telling lies to mislead others. His view is that telling lies is
one form of contest.
If ever that he did a crime and confronted about it, he lies because it is
the only weapon remaining with which to fight. He will not give the police or
the court the satisfaction of hearing his confession. His purpose is to make the
people believe that the law is punishing an innocent person.
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4. ETHNOLOGICAL LIAR is a person trained to lie. Members of intelligence

agencies are good examples of this category of liars.
5. PSYCHOPATHIC LIAR is an individual who has no conscience thus capable
of lying to the point of causing death to other people.
6. PATHOLOGICAL LIAR is a sick person who tells lies simply because he
cannot distinguish what is right from what is wrong.
7. BLACK LIAR is one who enjoys pretending is classified as black liar. This is a
person better known as hypocrite.
CHAPTER 3: SIMULATION ON INTERVIEW AND

INTERROGATION
LESSON 1: INTERVIEWING, QUESTIONING, AND

INTERROGATION
Police investigations can be dynamic, and the way events unfold and
evidence is revealed can be unpredictable. This premise also holds true for
interviewing, questioning, interrogating suspects. Each stage is different in relation to
when and how the information gathering process can and should occur. The
differences between these three stages need to be defined in the mind of the
investigator since they will move through a process of first interviewing, then
questioning, and finally interrogating a suspect. When this progression occurs, the
investigator needs to recognize the changing conditions and take the appropriate
actions at the correct junctures to ensure that, if a confession is obtained, it will be
admissible
at trial. Given this, let us examine the operational progression of these three stages
and identify the circumstances that make it necessary to switch from one stage to
the next.
INTERVIEW
Interviewing a possible suspect is the first stage and the lowest level of
interaction. In fact, the person is not even definable as a suspect at this point. The
transition point for an investigator to move from interviewing a witness or victim to
detaining and questioning the person as a possible suspect should occur when real
evidence is discovered giving the investigator reasonable grounds to suspect that
the person is involved in the event. Discovering real evidence and gaining
“reasonable grounds to suspect” creates an obligation for the investigator to stop
interviewing the person who then becomes a suspect. At this point, the person is a
suspect a should be detained for the suspected offence and provided the appropriate
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Section 10 Charter and Statement Caution before proceeding with the questioning of
the suspect.
QUESTIONING
Questioning a suspect is the next level of interaction. For a suspect to be
questioned, there will be some type of circumstantial evidence that allows the
investigator to detain that suspect.
INTERROGATION
Interrogation is the most serious level of questioning a suspect, and
interrogation is the process that occurs once reasonable grounds for belief have
been established, and after the suspect has been placed under arrest for the offence
being investigated. Reasonable grounds for belief to make such an arrest require
some form of direct evidence or strong circumstantial evidence that links the suspect
to the crime. Of course, where an arrest is made, the suspect will be provided with
their charter rights and the police caution.
LESSON 2: INTERVIEWING, QUESTIONING, AND

INTERROGATION (CRIMES)
CRIMES AGAINST PROPERTY
ROBBERY
a. What law punishes the crime of Robbery?

- Revised Penal Code Article 293 - 298
b. What are the elements of the crime of Robbery?

1. The personal property belongs to another.
2. The unlawful taking of that property.
3. With intent to gain (animus lucrandi).
4. Violence against or intimidation of any person or force upon things.
5. The offense can be committed by a band or with the use of firearms on a
street, road, or alley or by attacking a moving train, streetcar, motor vehicle, or
airship or by entering or taking the passenger conveyance by surprise.
6. Other analogous acts.
c. What are the pieces of evidence needed to file the crime of robbery?
1. Testimonial Evidence – Affidavit of complainant and witnesses
2. Documentary Evidence – photographs, videos, police reports, and other
documents
3. Object Evidence – stolen items, weapons, and other devices
4. Other relevant evidence
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THEFT (HURTO)
What law punishes the crime of Theft?

- Revised Penal Code Article 308
b. What are the elements of Theft?

1. Any personal property belonging to another.
2. The personal property is taken with the intent to gain.
3. The taking is without the owner‟s consent.
4. Absence of or without violence or intimidation of persons or force upon things.
5. Other analogous acts
NOTE:
Theft is consummated when the offender is able to take possession of the
thing. Once the thief has full possession of the thing, even if he did not have a
chance to dispose of the same, theft is consummated.
c. What is the evidence needed to file a crime of Theft?

documents
ESTAFA
What law punishes the crime of Estafa?

- Revised Penal Code Article 315
b. What are the elements of Estafa?
1. There is deceit.
2. There is damage or prejudice to the offended party.
3. The deceit is through unfaithfulness or abuse of confidence.
4. Some by means of false pretenses or fraudulent acts or means.
c. What is the evidence needed to file a crime against Estafa?

documents
ARSON
What are the laws governing Arson?

- PD 1613 which repealed Arts. 3 to 320-b of the RPC
- RA 7659 as regards the imposition of the death penalty.
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b. What are the elements of the crime of Arson?

1. Any person burning a structure (edifice or building or dwelling).
2. The burning is intentional and with intent to damage the property.
c. What are the pieces of evidence needed to file the crime of Arson?
documents
3. Object Evidence – flammable substances and burned debris with forensic reports
ARSON INVESTIGATION
 As mandated by law, the Bureau of Fire Protection (BFP) shall have the
power to investigate all causes of fire and if necessary, file the proper
complaint with the City or Provincial Prosecutor who has jurisdiction over the
case. The tasks and responsibility of the fire arson investigators are not only
limited to conducting exhaustive investigations and filing of complaints with
the prosecutor’s office, but also includes the appearance and giving of
testimonies before the court of law during legal proceedings.
 It is provided in the rule that it is the prosecution who has the burden of proof
and the quantum of evidence is proof beyond reasonable doubt. Once proven,
the maximum highest penalty for the commission of arson is life imprisonment
under the present law since the abolition of the death penalty law.
 Arson is a classic heinous crime that requires skillful, scientific and systematic
investigation procedures thus, the respective chiefs of the investigation and
intelligence offices of the BFP are enjoined to closely supervise the conduct of
the investigation in order to attain effective and plausible results.
INVESTIGATION OF BOMBINGS
 The increasing challenges posed by the growing sophistication of terrorist

organizations not only in the Philippines but elsewhere in the world have
become a major concern among law enforcement and security officers. In the
light of this concern, this section is formulated to guide investigators, such as
the bomb technicians, criminal investigators and forensic personnel during the
investigation of bombing incidents and other incidents involving explosive
devices and materials.
ANTI-TRAFFICKING IN PERSONS ACT OF 2003
What law punishes trafficking in persons?

- Republic Act No. 9208
b. What are the acts that constitute trafficking in persons?
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1. Any person, natural or juridical who recruits, transports, transfers, harbors,

provides or receives a person by any means, including those done under the pretext
of domestic or overseas employment or training or apprenticeship, for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage.
2. Any person who introduces or matches for money, profit, or material, economic or
other consideration, any person or, as provided for under Republic Act No. 6955, any
Filipino woman to a foreign national, for marriage for the purpose of acquiring,
buying, offering, selling or trading him/her to engage in prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage.
3. Any person who offers or contracts marriage, real or simulated, for the purpose of
acquiring, buying, offering, selling, or trading them to engage in prostitution,
pornography.
ANTI–FENCING LAW OF 1972
What law punishes fencing?

- PD No. 1612
b. What are the acts that constitute fencing?
1. Any person, firm, association, corporation or partnership or other organization
who/which commits the act of fencing.
2. An act of any person, with intent to gain for himself or for another.
3. Such person shall buy, receive, possess, keep, acquire, conceal, sell or dispose
of, or shall buy and sell or in any other manner deal in any article, item, object or
anything of value which he knows, or should be known to him, to have been derived
from the proceeds of the crime of robbery or theft.
c. What is the evidence needed to file a case of fencing?

1. Testimonial Evidence – Affidavit of complainants and witnesses
2. Documentary Evidence - Receipts or Contract of Sale and other pertinent
documents, any
documents showing the ownership of stolen items and the appraised value or
amount of
stolen items, police records, and other related documents
3. Object Evidence - Stolen items, or proceeds of the stolen items
A SAMPLE PROCEDURE OF INTERROGATION
OPENING QUESTIONS
Here are a set of question types that can be used through an interrogation of any
kind.
 Opening questions start the interrogation with easy closed questions that the
other person can answer. Please stay off the main topic at least until they are
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talking freely. The purpose of these questions is to break the ice whilst
creating a degree of rapport.
EXAMPLE:
• Are you warm?
• Would you like a cigarette?
• Have they treated you well?
 Ensure you establish yourself as the person who asks questions. If they ask
questions back, and especially if it seems as if they are trying to take control,
either ignore them or give short or non-committal answers whilst retaining a
friendly or neutral manner. If you do allow questioning, do so with a clear
purpose, for example, to deliberately let them think they are not in any trouble,
and such that you can provide a shock to them at a designed point.
FREE NARRATIVE QUESTIONS
Free Narrative Questions.

 Name a subject, for example, a time and place, and then ask the other person
to tell you what they know about this.
 Then stay silent and do not interrupt or probe during the answer. Let them tell
you about the situation in their own words.
EXAMPLE:
• I hear you were on the platform when the person near you fell onto the rails.
• Could you please describe what happened?
 Show a steady mild interest (enough to keep them talking) and not
become excited when they get into relevant detail. Their answer will first
tell you the degree to which they are initially ready to collaborate.
 You can also listen for gaps and contradictions to probe later, as well as
indicators of preferences, needs, and other motivators.
DIRECT QUESTIONS
Direct Questions.
 Follow up the free narrative with direct questions about specific items. Keep
the questions free from value-laden words (e.g., talk about 'having sex' rather
than 'rape') that might imply guilt.
 Ask one simple question at a time to which a clear answer can be given.
EXAMPLE:
• When you fought with the other person, did he hit you? [direct question]
• When you attacked the other person, did he try to defend himself? [value-
laden
question]
 The answers to these questions will give you specific detail, filling in the holes
of their initial story and exposing areas where they may be unwilling to talk.
However, having told you the story beforehand, they are now much more
willing to support their original narrative.
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CROSS - QUESTIONING
Cross-questioning
 Ask multiple questions about the same thing to see whether their answers
support or contradict one another.
 You can appear unintelligent or confused as necessary to cloak your
repetition.
EXAMPLE:
• When you went into the back of the shop, where was Jimmy standing?
• ... What did Jimmy do as you were going back there?
• ... Sorry, I don't quite understand -- what was Jimmy doing all this while?
 If answers are contradictory, carefully probe further, asking more diagonal
questions to expose themselves without necessarily realizing what is
happening.
REVIEW QUESTIONS
Review questions
 Review questions are used to summarize and test your understanding of what
you have heard so far. State what you understand and ask for agreement or
otherwise.
EXAMPLE:
• So Jimmy came out after William, is that correct?
 Review points can also be used to 'squeeze the lemon' for any more
information.
EXAMPLE:
• Is there anything else that you can tell me about this?
• What else were you expecting me to ask?
 Review questions can be used at natural breakpoints, such as in changes of

scene. They are also useful at the end, to summarize.
 Reviews can also be used deceptively, asking for the agreement of things that
you know are wrong. This tests the person's honesty and may also trick them
into thinking that you have missed key points. When doing this, watch their
body language and signs of duper's delight (signs of successful
liars/deceptions).
CHAPTER 4: AFFIDAVIT AND REPORT WRITING
LESSON 1: BASICS OF REPORT WRITING
POLICE REPORT WRITING

The effectiveness of an investigator is judged in large measure by his reports of
investigations. The report of a finished case provides the necessary basis for action at higher
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levels. The only way in which the case can be intelligently managed is through the medium of
competent reporting. The progress report enables co-workers to take the next logical steps; the
initial report establishes the validity of the complaint and indicates the general nature and
magnitude of the case.
USES OF REPORTS:
1. They serve as records for police administrators in planning, directing, and
organizing the unit's duties.
 If a police station chief receives several reports of vehicular accidents in a
particular area, he will probably recommend road improvements to local
authorities. If he reads a number of reports on extortion by police officers who
are assigned to maintain a smooth flow of traffic in their area of operation, he
will possibly issue a directive to all concerned, warning them of disciplinary
actions if such mal-practice continues.
2. It can be used as legal documents in the prosecution of criminals.
 To avoid confusion on the witness stand, a police officer can make a solid report
that will be clear, accurate, and complete. A witnessing officer is not at all
apprehensive or hesitant in answering questions by examining or cross-
examining lawyers because he has a ground technical report as a piece of
evidence during the trial.
3. It can be used as a reference by related agencies in the service.
 Law enforcers exchange information among them. A crime investigated in one
station can be useful in another.
4. It can be useful to local media which usually have access to public documents for
accurate statistics.
5. It can be the basis for research among students in Criminology, Law
Enforcement, Police Administration, and other related areas.
NATURE OF THE REPORT

 A report of investigation is an OBJECTIVE STATEMENT of the investigator’s
findings. It is an official record of the information relevant to the investigation
which the investigator submits to his superior.
 Since a case may not go to trial until months after completion of the
investigation, it is important that there be an available and complete statement
of the investigative results. Loss of memory with regard to details, missing
notebooks, the possible absence of the investigator are some of the dangers
which the report anticipates.
MECHANICS IN POLICE REPORT WRITING

SELECTION AND USE OF WORDS
1. Vocabulary - the word of the language. The supply of words which we know and
which we use, whether speaking or writing.
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2. Diction - the correct choice of words; selecting the exact, precise objective words
to convey a meaning.
SENTENCE CONSTRUCTION
 Sentences should be short, simple, and direct because the longer the sentence is,
the more difficult it is for the reader to follow it, and that lends confusion to your
report, whereas, short sentences lend emphasis, clarity, and communication,
which is what any good report writer strives for, which is what this text is all
about, and as example, this entire paragraph is one sentence with no periods,
and at this point, you should feel as though you are smothering in words and
wish there would be a period so you could take a breath.
 On the other hand, short sentences are easy to read. They allow for much needed
breathing spaces. Short sentences also provide a refreshing directness seldom
found in longer sentences.
Notice: "The suspect accused the arresting officer of kicking him while the former was being
forced into the police van, and when the suspect was thrown to the ground, the arresting officer
hit the suspect again in his face with his pistol”
Against: "The suspect accused the arresting officer of kicking him while he was being forced
into the police van. When the suspect was thrown to the ground, the arresting officer hit him
again in his face with his pistol."
1. Correctness in a Sentence - Crimes are investigated after it is committed, and

reports should be written after the investigation, therefore, a report should be
written in the PAST TENSE.
2. Three Essential Elements of a Narrative:
 Setting - When? Where?
 Characters - Who? - victims, suspects, witnesses.
 Action - What? Why? How?
PARAGRAPH CONSTRUCTION
A paragraph is a sentence or group of properly related sentences expressing a single

idea. Hence, by analysis, its characteristics are:
 It is a sentence, or
 A group of properly related sentences, and
 It expresses a complete (single) idea.
 In most cases, the writer must distinguish one paragraph from another by
leaving a blank line between them, giving the written page the appearance of
having breathing spaces between paragraphs. Normally, this is done by
numbering each paragraph consecutively.
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Characteristics of a paragraph:
✓ Short paragraph;
✓ Give the reader a rest; and
✓ Recapture the readers’ attention.
✓ DIVISION OF WORDS - hyphen
✓ CAPITALIZATION
✓ PUNCTUATIONS
PREPARATION OF REPORTS
BACKGROUND PREPARATION - gathering and arranging the information in a logical sequence,
thus outlining the report.
• Arrange notes, evidence, and exhibits in the same order as you intend to present
the information in the report.
• Reports should refer to each other and are correlated.
FIVE BASIC STEPS IN INVESTIGATIVE REPORT WRITING:
G- GATHER THE FACTS

R - RECORD THE FACTS
O - ORGANIZE THE FACTS
W - WRITE THE REPORT
E - EVALUATE THE REPORT BY:
1. editing
2. proofreading
STYLE (QUALITIES OF A GOOD REPORT)
1. The Report Should Be Factual. It should contain all facts discovered during the
course of the investigation - based on the five senses.
2. The Report Should Be Complete. It should contain all facts and findings.
3. The Report Should Be Objective. It should present facts with appropriate
words.
4. The Report Should Be Clear. As much as possible, reports should be simple and
direct; and clear objective or purpose.
5. The Report Should Be Relevant. Relate exclusively to the stated objective,
function, or subject with which it is concerned.
6. The Report Should Be Brief. Avoid repetition of facts, the inclusion of
unnecessary details not related to the statement of objective.
7. The Report Should Be Accurate.
8. The Report Should Be Up-to-Date. The report should be submitted
immediately after conducting the initial and follow investigations.
9. The Report Should Be Fair. Avoid formulating facts with pre-conceived
theories.
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Adherence to the 5 W’s and 1 H is essential...
LESSON 2: AFFIDAVIT AND SWORN STATEMENT
 The Sworn Statement refers to a written voluntarily executed under oath by

any person, a suspect, or a witness, which may be taken in a "question and
answer format" or in a "narrative format "affidavit".
 The Sworn Statement and Affidavit shall state only facts of direct personal
knowledge of the affiants which are admissible in evidence and shall allow
their competence to testify to the matters stated therein. Everyone can give a
statement but not anyone can lay claim to knowing the technique and
rudiments of statement-taking. In an investigation, statement-taking is a
necessity and inherent for the documentation of narrated facts.
TYPES OF WRITTEN STATEMENT
Question and Answer Type - It is preferable to the narrative. It is easier to develop

or prove the essential elements of an offense through questions and answers.
However, leading and misleading questions should be avoided in the Question and
Answer Type.
a. Leading Question - suggests to the witness, affiant, informant,

respondent, or complainant the answers which the investigator desires.
b. Misleading Question - is one which assumes as true a fact not yet
testified to by the witness or suspect or contrary to that which he/she
has previously stated whereby may be induced to give an answer
which appears to say more than he/she means.
Narrative Type (Affidavit) - It is hard for the judge to believe that in a narrative type
of
confession/statement, the subject voluntarily dictated all that is in the
confession/statement. An affidavit is a form of a sworn statement made in a narrative
style. It is usually started with a "SCILICET" which is usually abbreviated as "S.S."
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Example:
Republic of the Philippines)
City of Candon . . . . . . . . . ) S.S.
---------------------------------------x
The term "Scilicet" is derived from the Latin word "Scirelicet", "it is permitted to
know" and is translated to mean "to wit, or namely, and utilized here to particularize
the place of the execution of the instrument.
BASIC PARTS OF THE SWORN STATEMENT

The Sworn Statement of the witness, complainant/victim, and informant
should be in a language understood or used by him and should contain the following
basic parts:
1. The title or identification of the statement containing the name and address of
the affiant, the name of the investigator as well as his rank, the witnesses to
the statement, information as to where and when the statement was taken;
2. The affiant shall be informed of his Constitutional Rights;
3. The question revealing the personal circumstance of the affiant;
4. The question asking the affiant if he/she knows why he/she is being
questioned;
5. The questions proving the individual elements of the suspected violation/crime
(WHAT, WHEN, WHERE, WHO, and HOW);
6. The affiant's sworn statement should contain sufficient details as to the
commission of the offense/crime;
7. The affiant shall be informed that the investigator has no more question to
him/her;
8. The sworn statement should contain errors or mistakes in every page
intentionally committed by the investigator. While reading it, the affiant's
attention should be invited to these errors or mistakes. He/she should be
made to correct them in his/her own handwriting and affix his/her initials
thereto. In many instances, the affiant, upon the counsel's advice, would wish
to deny the statement or set up the defense that he/she has signed the
statement without reading it. All personal corrections of the affiant thereof
would disprove all the foregoing denials; and
9. The signature of the affiant (if-minor - to conclude the signature of the
parents/guardian.
SAMPLE FORMAT FOR SWORN STATEMENT(QUESTION AND ANSWER)
SWORN STATEMENT OF JUAN TAMAD y TALAGA EXECUTED BEFORE PCMS

BEN
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TUMBLING INSIDE THE INVESTIGATION ROOM, CANDON CITY POLICE

STATION,
CANDON CITY IN THE PRESENCE OF HIS LAWYER, ATTY. PEDRO TALO BY
WAY OF
QUESTION AND ANSWER IN THE ENGLISH LANGUAGE AND CAREFULLY
INTERPRETED INTO THE ILOKO DIALECT WHICH THE AFFIANT FULLY
SPEAKS AND UNDERSTANDS THIS 15th DAY OF JANUARY 2021.
PRELIMINARY: Mr. Juan Tamad, I would like to inform you that you are under
investigation in connection with the killing incident that happened inside Room S601,
University of North Luzon, Candon City. But before asking you any question, I would
like to inform you of your constitutional rights under our 1987 Philippine Constitution:
You have the right to remain silent, and to be assisted by counsel, this office will
provide you with a lawyer free of charge. Any statement that you will make can be
used for or against you in any court of law in the Philippines. Is this clearly
understood by you?
Answer: Yes sir.
Question: Having been informed of your rights under the Constitution to remain
silent, do you wish to proceed with this investigation?
Answer: Yes sir.
Question: Do you also wish to be assisted by a counsel of your own choice?
Answer: Yes sir. My counsel is Atty. Pedro Talo of the Panalo-Talo Law Office.
Question: Are you ready to give a free and voluntary statement?
Answer: Yes sir.
1.Q: Are you ready to give a free and voluntary statement?
A: I am Juan Tamad y Talaga, 25 years old, married, a criminology student of the
University of North Luzon, San Nicolas, Candon City, Ilocos Sur, and a resident at
#23 Bakobako St., Candon City.
2. Q: What prompted you to be here this morning?
A. I am here to give my testimony regarding the death of my classmate Jose Rizal y
Mercado.
3. Q: Who killed Jose Rizal?
A: Pinoy Lapul apu killed my classmate Jose Rizal.
4. Q: When and where did the incident happen?
A: The incident happened inside Rm. S601 at the University of North Luzon, Candon
City, Ilocos Sur at around 8:00 o'clock in the evening on October 15, 2020.
5. Q: Do you know why Pinoy killed Jose Rizal?
A: Pinoy has been suspecting that his wife Penay Lapulapu has an illicit sexual
relationship with Jose Rizal.
6. Q: Please narrate in brief how the incident happened.

A: At about 8:00 p.m. on October 15, 2020, inside Rm. S601 at the University of
North Luzon, Candon City, Ilocos Sur, we were having our class in Introduction to
Criminology when Pinoy suddenly came in, shouted at Jose, stabbed him when he
was about to stand and kicked him on his sexual organ, and spat three (3) times on
his face when he sprawled on the floor then immediately left.
7. Q: What kind of weapon did Pinoy use in stabbing Jose to death?
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A: Pinoy used a long pointed Santa -made knife in stabbing Jose to death.
8. Q: What do you mean when you said that Pinoy suddenly came in?
A: Our class started at 6:50 p.m., and I noticed that Pinoy was absent but after
around fifteen (15) minutes. I saw him peeping at the back of the room. I was
shocked when I saw him entered and stabbed Jose five (5) times.
9. Q: Didn't Jose see Pinoy when he entered Room S601?
A: Jose did not see Pinoy when he entered the room because Jose's back was
toward the door as we were then having a group activity.
10. Q: Wasn't Jose given any chance to defend himself?
A: Jose was not given any chance to defend himself because he was stabbed when
he was about to stand and when he was able to face Pinoy. Pinoy again stabbed him
four (4) more times.
11. Q: What part of Jose's body was hit by Pinoy?
A: Jose was hit on his side and front upper body.
12. Q: in Question No. 5, you said that Pinoy has been suspecting that his wife has
had an illicit relationship with Jose. How did you know of this?
A: They are both my friends. Pinoy has told me to tell Jose to stop seeing his (Pinoy)
wife or kill him.
13. Q: Did you tell Jose to stop seeing Pinoy's wife?
A: I talked to him on October 13, 2020, to stop seeing Pinoy's wife but he
vehemently denied that they had an illicit sexual relationship.
14. Q: Did you talk to Pinoy after talking to Jose?
A: I had no chance to talk to Pinoy because he has been absent since October 11,
2020.
15. Q: Did Pinoy utter any word before he entered or while entering the room where
you were having your class?
A: He did not utter any word that was why only a few of us saw how he stabbed Jose
to death.
16. Q: Where were you sat when you saw Pinoy attacked Jose?
A: I was sat just opposite Jose as we were in a circle in a group of five students.
17. Q: What part of the room your group sat?
A: Our group was sat nearest to the entrance.
18. Q: When Pinoy was hurriedly leaving, what did you hear him tell?
A: He kept on repeating the words, "dayta ti ganab mo nga babaero?"
19. Q: Did he leave the knife he used inside the room?
A: He took with him the knife but he left five (5) handwritten love letters.
20. Q: To whom were these love letters for?
A: The salutation was placed as "My Everdearest One" and the Complimentary
close, "Yours Forever".
21. Q: So, who do you think was the addressee and the writer of said love letters?
A: It seemed the handwriting of Jose, but I am not sure of the addressee.
22. Q: How did Pinoy leave the letters inside Room S601?
A: Pinoy did not realize that the letters fell from his shirt's pocket when he bent
to spit on the face of Jose.
23. Q: What did you do to Jose after Pinoy Left?
A: I found a security guard outside the room and told him of what happened.
Together with our instructress, they brought Jose to the Candon General
Telefax 077-644-0210
Hospital, but he was declared dead on arrival.

24. Q: What did you do to the love letters?
A: I submitted them to the police officers who came to process the crime
scene.
25. Q: As a criminology student, what did you do to protect the crime scene?
A: When all the students went out of the room just after the incident, and Jose
was brought to the hospital, I made sure that nobody entered until the police
arrived.
26. Q: The investigator has nothing to ask you at present. Do you have more to
say to add or retract from your statement?
A: I received a text message from Pinoy warning me that if I testify against
him, he will kill me also.
27. Q: In your honest opinion, did you give a free and voluntary statement?
A: Yes, sir.
28. Q: Are you willing then to affix your signature in this statement of yours
consisting of seven (7) pages, including this last page, to attest to the truthfulness
of the same?
A: Yes, sir.
JUAN T. TAMAD JR.
(Affiant)
SUBSCRIBED AND SWORN TO before me this 15th day of January 2021 at

Candon City
Police Station, Candon City, Ilocos Sur.
PEDRO L. BRIGHT, II
Police Major
Chief of Police
This is to Certify that I have personally examined the herein affiant and have been
satisfied that he voluntarily and freely gave his statement and understood the same.
PEDRO L. BRIGHT, III

Police Major
Chief of Police
Telefax 077-644-0210
Sample Format of Sworn Statement (Narrative)
Republika ng Pilipinas )
Lungsod ng Quezon, )S.S
x- - - - - - - - - - - - - - - - x
SINUMPAANG SALAYSAY
AKO, si _____________________________, Filipino, ___ taong gulang,

walang asawa/may asawa, naninirahan sa
_________________________________________
______________________________, matapos na makapanumpa nang naaayon sa
saligang batas ng Pilipinas ay nagsasaad ng mga sumusunod:
Na, noong _________, isang nagngangalang

____________________________ na taga __________________________ at/o
may Agency na ___________________ _____________________________ na
matatagpuan sa ________________________ ___________________ ay
nagpakilala sa akin na may kakayahan na mangalap ng mga manggagawa para sa
ibang bansa partikularmente sa bansang _________ sa pamamagitan ng
___________;
Na ako, sa buong pagtitiwala ay nag-aplay sa taong naturan bilang isang

___________________;
Na, ang taong nabanggit ay pinangakuan ako ng trabaho sa ibang bansa na

bilang kapalit ako ay pinagbibigay/pinagbabayad na aking naman ibinigay/ibinayad
ang mga sumusunod:
HALAGA/BAGAY PETSA LUGAR/TUMANGGAP
____________________ _______________ _____________________
____________________ _______________ _____________________
____________________ _______________ _____________________
____________________ _______________ _____________________
____________________ _______________ _____________________
Telefax 077-644-0210
____________________ _______________ _____________________
____________________ _______________ _____________________
____________________ _______________ _____________________
Na, ang nasabing mga halaga/bagay ay tinanggap ni

_________________________, at ang nasabing tao ( ) NAGBIGAY ( ) HINDI
NAGBIGAY ng kaukulang resibo;
Na, sa kabuuan halaga ako ay nahingian at/o nagbigay ng pera sa taong

naturan na umabot sa halagang humigit kumulang sa ____________ ( ) kasama na
ang aking mga nagastos habang ako ay nag-aaplay ( ) hindi pa kasama ang aking
mga nagastos habang ako ay nag-aaplay sa kanya;
Na, noon ________, ako ay lumuwas patungong Maynila sakay ng

_____________ at ako ay dumiretso sa bahay/agency na matatagpuan sa
___________________________________________________________________
__;
Na, habang ako ay nag-aantay ng aking pag-alis, ako ay pansamantalang

pinatira ng taong naturan sa kanyang bahay na matatagpuan sa
________________________________________. Ako tumuloy sa nasabing bahay
sa loob ng _______________. Habang ako ay nanunuluyan sa nasabing bahay ako
ay pinagbabayad ng halagang _______ bawat araw/buwan para sa aking pagkain at
iba pang gastusin para sa aking pansamantalang panunuluyan;
Na, habang ako ay pansamantalang nanunuluyan sa nasabing bahay, ako ay

kanyang pinagawa ng mga gawain bahay tulad ng
___________________________________________________________________
___ Ito raw umanoy ay parte ng aking training bilang isang __________________;
Na, ang taong nabanggit ( ) ay nabigo na maipadala ako sa ibang bansa. ( )

ako’y nakaalis papunta sa nasabing bansa bilang isang ____________ upang
magtrabaho noong ___________ at bumalik noong ___________ sa kadahilanang
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________;
Na, ang taong nabanggit ay nabigo at/o ayaw ibalik ang aking pera/papeles
sa kabila ng aking paulit-ulit na kahilingan;
Telefax 077-644-0210
Na, aking natuklasan na ang taong naturan ay walang lisensya o karapatan

na mangalap at magpadala ng mga manggagawa sa ibang bansa;
Na, hanggang sa ngayon ang taong nabanggit ay pinapangakuan ako na

matutuloy maka-alis patungong ibang bansa at ako ay kanyang hinihingian ng dadag
na bayad na nagkakahalaga sa ___________ kapalit ng aking diumano’y pag-alis;
Na, ang taong naturan ay naninirahan at/o maaaring mapasabihan sa

___________________________________________________________________
__;
Na ginawa ko ang Sinumpaang Salaysay na ito upang ihabla si/sina

___________________________________________________________________
___________________________________________________________________
______ng illegal recruitment at/o estafa at/o Human Trafficking;
Na, aking pinatutunayan na ako ay hindi naghain ng reklamong katulad nito

sa mga taong nabanggit sa iba pang ahensya o sangay ng pamahalaan maliban
dito.
BILANG PATUNAY, ako ay lumagda sa ibabaw ng aking pangalan ngayon

ika-______ ng _________, _____.
_________________
Lagda
SINUMPAAN AT PINATOTOHANAN sa harap ko ngayon ika

__________ ng ___________, _____. Pinatutunayan ko na ang nagsalaysay ay
aking nasiyasat at ako ay may sapat na paniniwala na siya ay kusa at malayang
nagsalaysay.
_____________________
Administering Officer
Telefax 077-644-0210
Compiled by:
CARMELA DAWN GADUT-ROJAS, RCrim

Part-time Instructor
Reviewed by:
JEFFSON G. NAUNGAYAN, MSCRIM

Program Chairperson, BS Criminology
Telefax 077-644-0210

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NORTH LUZON PHILIPPINES STATE COLLEGE

School of Criminal Justice Education Adal a dekalidad, dur-as ti panagbiag.

CARMELA DAWN GADUT-ROJAS, RCrim

CHAPTER 1: REVIEW ON THE CONCEPTS OF CRIMINAL 3

CHAPTER 2: OBTAINING INFORMATION AND INTELLIGENCE 34

CHAPTER 3: SIMULATION ON INTERVIEW AND INTERROGATION 50

CHAPTER 4: AFFIDAVIT AND REPORT WRITING 56

CHAPTER 1: REVIEW ON THE CONCEPTS OF

LESSON 1: REVIEW ON THE CONCEPTS OF CRIMINAL

Criminal Investigation: Art or Science

Criminal investigation is an art, as well as a science which deals with the

Criminal investigation is a systematic inquiry aimed at the identification and

The Process: Basic Principle

Criminal investigation involves the systematic process of identifying,

A. Criminal Investigation as a process:

 Criminal investigation involves the systematic process of identifying,

B. The 5 Functions of Criminal Investigation

C. The Legal aspect of Criminal Investigation

D. The Concept of Due Process

E. The Role of Criminal Law:

Purpose of criminal Law

Legal Provisions Significant to the development of criminal investigation in the

1. 1935 Phil. Constitution, Art 3, Sec. 17

3. 1987, Philippine Constitution (Art II Sec.12 (1)

1) Miranda Rights (1966)

LESSON 2: PNP BASIC PROCEDURES ON ARREST

“Hot Pursuit” Arrest

✓ that there is probable cause based on personal knowledge of facts or

ARREST AS RESULT OF A “BUY-BUST” OPERATION:

Authority of the Arresting Officer when Making an

LESSON 3: PNP BASIC PROCEDURES ON SEARCH AND

Search is an examination of an individual’s person, house papers or effects,

What is a Search Warrant?

Applications for Search Warrant

All approved applications shall be recorded in a log book, duly maintained

Requisites for the Issuance of Search Warrant

The following properties may be the objects of a search warrant:

Validity of Search Warrant

Authority of Police Officers when Conducting Search

Procedures in the Implementation of a Search Warrant

D. Another document which is made after a search is a CERTIFICATION OF

VALID SEARCH AND SEIZURES WITHOUT SEARCH WARRANT

Seizure of evidence in plain view

4. Searches Under Stop and Frisk Rule

Disposition of money and other valuable property

a. If the articles are illicit or contraband, the same must be seized.

LESSON 4: RULES ON RAID

A raid is a surprise invasion of a building or area.

✓ Every member of a law enforcement organization must know the

The purpose of a raid is usually to:

Coordination with the Local Station Commander

BASIC REQUIREMENT IN THE CONDUCT OF RAID

❖ With a marked police vehicle;

USE OF REASONABLE FORCE

The officer-in-charge must ensure that no innocent civilian is caught in the

Things to be done after a raid where an armed confrontation ensued.

✓ Secure the sight of the confrontation;

1. Don't take unnecessary chances.

3. Don't raid when not properly prepared.