CHAPTER 3 may be inferred from the acts, declaration, or

omission of a party.
Three (3) Phases of Crime Investigation
 TO IDENTIFY THE SUSPECT Judicial Confession - is admission made in a
 TO LOCATE THE SUSPECT judicial proceeding. Thus, Sec 4, Rule 129, of
 TO PROVIDE EVIDENCE OF HIS the Revised Rules of Court, expressly
GUILT provides:
 “An admission, verbal or written made
FIRST PHASE OF CRIMINAL by a party in the course of the
INVESTIGATION proceedings in the same case does not
require proof”
TO IDENTIFY THE SUSPECT/S through:  To the layman, confession and
admission are words of similar import,
Confession, as defined in Section 29, Rule but to the investigator, both have wider
130, Rules of Court, is: “The declaration of an spectrum and connotation. More so with
accused expressly acknowledging his guilt of the stringent procedural safeguards
the charged, may be given in evidence against enshrine under the 1987 Constitution.
him.”  Thus, there is an empirical need to know
the textual interpretation and
”Voluntary Confession”, for purposes of jurisprudence of section 12 (3), Art 3 of
confession, means that the accused speaks of the 1987 constitution to guide law
his free will and accord, without inducement of enforcers in the intricate arena of
any kind, and with a full and complete investigation, which provides:
knowledge of the nature and consequences of  Any confession or admission obtained in
the confession, and when the speaking is so violation of this, or section 17 hereof
free from influences affecting the will of the shall be inadmissible as evidence
accused, at the time the confession was made, against him. Section 3 likewise,
that it renders it admissible in evidence against provides:
him (Wharton’s Criminal Evidence, Sec. 631[a],  “No person shall be compelled to be a
as cited in page 222, Evidence, by RJ. witness against himself”.
Francisco).  While the afore-quoted proviso evokes
myriad of questions and quizzical
Involuntary Confession – those confessions eyebrows among law enforcers,
obtained through, force, threat, intimidation, however, it would be a wrong notion to
duress or anything that influence the act of the conclude that the puts the premium on
confessor. (Justice RJ Francisco Jr.) crime and will terrorize peace officers
through fear of themselves violation the
Admission – an admission is a voluntary law 5 Corpus Juris, PP. 399, 416.
acknowledgement in express terms or by  This bring to focus that the legal
implication, by a party in interest or by another requirements now are more stringent
whose statement he is legally bound, against and precise than the celebrated Miranda
his interest, of the existence or truth of a fact in Doctrine. (Miranda versus Arizona, 384
dispute material to the issue. vs 436, 16 L.Ed. 2nd 694).
 It should be noted that the purpose is
Admission may either be express or implied. not to coddle wrong doers protect the
Admission may also be classified as judicial guilty, but the constitution seeks to
admission or extra judicial admission. redress the unequal contest between an
individual and the enormous power of
Express admission - is one made in express the government in search for truth and
terms in definite, certain, and unequivocal justice which is the bedrock of civilized
language. Implied admissions are those who society.
  At this juncture, it is of an essence to
quote the leading jurisprudence behind Get separate confession for separate crimes
the rational of the provision. In the case or offenses, this will avoid objection that the
of People Vs Vargas, the court ruled, the accused is being tried for more than one
imposition in the New Constitution of an offense or that the confession for other crime
additional safeguard against extraction is outside the court’s jurisdiction.
of confession is a recognition of an EFFECT OF CONFESSION
already prevalent practice in custodial  Maybe given in evidence against him in
interrogation that has tarnished the the investigation or trial of the offense
image of the police investigator, and with which he is charged
which is sought to be erased by the  Maybe given to prove the guilty of his
aforesaid constitutional safeguard. companions but it will pass a lot of court
 In the latest ruling of the tribunal under argumentation and deliberation.
GR 69210 dated July 5, 1989, the
Supreme Court ruled that lawyers WHEN IS A CONFESSION INADMISSIBLE
should never prevent a person from  No person shall be compelled to be a
freely and voluntarily telling the truth. witness against himself. Any person
 The court denounces in the strongest under investigation for the commission
term possible the widespread of an offense shall have the right to be
misconception that the presence of a informed of his right to remain to remain
lawyer under the right to counsel silent and to have a competent and
provision of the Constitution is intended independent counsel preferably of his
to stop an accused from signing choice. If he cannot afford the services
anything which might incriminate him of the counsel, he must be provided with
the Supreme Court declared. one for free.
 In the word of Justice Hugo Gutierrez,  This right cannot be waived except in
the right of the accused to have a lawyer writing and in the presence of his
is designed to preclude the slightest counsel. No force, violence, threat or
coercion that would lead the accused to intimidation or any other means which
admit something false.  vitiate the free will shall be used against
 Whether it is an extra-judicial statement him.
or testimony in an open court, the B. Eyewitness testimony – the ideal
purpose is always the ascertainment of identification is made by an objective person
the truth, the court continued. who is familiar with the appearance of the
accused and who personally witness the
TYPES OF CONFESSION commission of the crime.
1. Judicial Confession or done in open C. Circumstantial evidence - in the absence
court- the plea of guilty maybe during of a confession and eyewitness, the
arraignment or at any stage of the identification of criminal may be established
proceedings where the accused indirectly by proving other facts or
changes his plea of not guilty to guilty. circumstances from which, either alone or in
2. Non-judicial confession which is so connection with other facts, the identity of the
called also out of court or EXTRA- perpetrator can be inferred. Evidence of this
JUDICIAL CONFESSION. This type of nature usually falls into the following
confession is inadmissible unless circumstances.
corroborated by proof of corpus delicti. a. Motive – can be defined as some inner
The confession to be admissible, it must drive, impulse, intention, etc., that causes a
be voluntary, in writing and be made person to do something or act in a certain way.
with the assistance of a counsel of his It may be inferred from circumstances and from
own choice with full understanding of the statement of witnesses that the suspect
the consequence of such confession.
could have been motivated by a desire for suspect/subject, guns, knife, slug
revenge or personal gain, or jealousy. recovered from the cadaver during
b. Opportunity – is a circumstance which autopsy, body fluid, blood, fingerprints,
made it possible physically for the suspect to footprints, etc.
commit the crime; or in other words, being in a
position to commit the offense. He must have
the access to the scene of the crime or have
been in the vicinity and have the means
available to commit the crime. Sworn Statement- Written Version of Interview
c. Intent – is the accomplishment of the act and Interrogation
and where it is an element in the commission  In almost all remarkable and
of an offense, it must always be proved. To outstanding investigation reports, there
show the identity of the criminal, intent must is a sworn statement among the
establish that the criminal is aware of the annexes or enclosures. A sworn
consequences of his acts. statement is such a part and parcel of
ordinary investigation, that detective
D. Associative evidence – the physical who does not know how to take
evidence found at the scene of the crime statement is only a half-cooked
during the course of the investigation which investigator. A SWORN STATEMENT
could link the identity of the criminal by means MAYBE BROKEN DOWN INTO:
of clue materials, personal property, or the  The Heading. In practice, it is typed in
characteristic pattern of procedure deduced capital letters at the upper portion of a
from the arrangement of objects at the crime sworn statement. It contains: a) the full
scene. name, including middle name of the
 (Sec.1, Rule 130, Rules of Court, as person giving the statement; b) the
amended), explained. Object (real) official designation and name of the
evidence or Physical evidence is the investigator; c) the person in the
evidence of the highest order. It speaks presence of whom, if any, the statement
more eloquently than a hundred is given; d) the date, time and place
witnesses (People vs. Parcilla, 167 where the sworn statement is given. A
SCRA 722). This is the best form of typical example is given below:
evidence. Example:
 The handgun used in killing the victim is FREE AND VULONTARY STATEMENT OF
the best evidence in a case of homicide JUAN DELA CRUS Y SANTOS TAKEN BY
or murder. In a case of robbery, the PO2 ROBERT REYES INSIDE THE
force upon things like forced entry to the PROVINCIAL INVESTIGATION DETECTIVE
window shown by broken jealousy or the MANAGEMENT BRANCH, BULACAN PPO,
recovered stolen articles found in the MALOLOS CITY, BULACAN THIS 20TH DAY
possession of the suspect are the best OF NOVEMBER 2011 AT AROUND 8:00 IN
physical evidence. THE MORNING IN THE PRESENCE OF PO2
ROMY DIAZ
E. Tracing Evidence – these are physical X. … . . . . . . . . . . . . X
evidence which may assist the investigating
officer in locating the suspect. Examples: Note: It is usual to separate this Heading from
shipping or airlines tickets, parking fee ticket, the rest of the sworn statement by a broken
pawnshop receipt, shopping mall receipt, line.
restaurant food receipt, etc.
 Corpus Delicti Evidence – these are The initial Question
objects or substances which may be For the suspect, it contains warnings and
parts of the body of the crime, the body reminders of his legal rights, and a question if
of the victim, body of the he is still willing to give a free and voluntary
statement. For complainants, victim of
witnesses, the initial question merely asks if he with the waiver made by his client.
is willing to give a free and voluntary Failure to observe this requirement
statement, and if he is willing to tell the truth. renders the sworn statement
The whole truth and nothing but the truth. inadmissible as evidence.
Note: it is a good practice to number the
questions successively for easy reference. Republic Act 7438 approved by congress on 5
During the taking of sworn statement. Here the February 1992, signed by the President on
investigator must bear in mind the following April 27, 1992, provides the following
provisions of Article III of the Bill of Rights of safeguards for sworn statements containing a
the Philippine Constitution: confession:
 Sec. 12, (1) Any person under
investigation for the commission of an  Any extrajudicial confession made by a
offense shall have the right to be person arrested, detained or under
informed of his right to remain silent and custodial investigation shall be in writing
to have competent and independent and signed by such person in the
lawyer preferably of his own choice. If presence of his counsel or in the latter’s
the person cannot afford the services of absence, upon a valid waiver, and in the
counsel, he must be provided with one presence of any of the parents, elder
for free. These rights cannot be waived brothers, and sisters, his spouse, the
except in writing and in the presence of municipal mayor, the municipal judge,
counsel. district school supervisor, priest or
 (2) No torture, force, violence, threat, ministry of the gospel as chosen by him:
intimidation, or other means which otherwise, such extra-judicial confession
vitiate the free will. Secret detention shall be inadmissible as evidence in any
places, solitary, incommunicado, or proceeding. (sec. 2-d)
other similar forms of detention are
prohibited. The following are suggested initial questions to
 (3) Any confession or admission the suspect:
obtained in violation of this, or section Question: You are under investigation for the
17 hereof shall be inadmissible in court. commission of (here state the facts constituting
Section 17. No person shall be the offense). Before we ask you any questions,
compelled to be a witness against you must understand your legal rights.
himself.  You have the right to remain silent;
 There is a big difference between an  Anything you say may be used as
initial question given to a suspect, and evidence against you;
an initial question given to a  You are entitle to the assistance of a
complainant, victim, or witness. If you counsel of your own choice; an
are questioning a suspect, you are  If you cannot afford to hire a lawyer the
investigating him for the commission of government will provided you one for
an offense, you must inform and accord free.
him his right under section 17 (1) above. If you are questioning complainant, victim or
 If he waives his right to remain silent by witness, the following standard question is
agreeing to give a sworn statement, this suggested:
waiver must be in writing and executed
in the presence of his counsel. QUESTION: Are you willing to give a free and
Therefore, the presence of the council voluntary statement, and do you swear to tell
must be reflected in the sworn the truth, the whole truth and nothing but the
statement. In practice, the counsel is truth in this investigation?
requested to affix his signature on the
appropriate space of the sworn NOW THE SITUATION IS MORE STRICT:
statement to signify his concurrence Before the advent of RA 7438, the failure to
warn a suspect of his rights under section 12  The watch list consists of persons
(1) of the Constitution would simply mean that suspected to have committed, organized
his sworn statement is VOID for being secured or heinous crimes based on unverified
without compliance with constitutional reports and are subject for further
requirements. In the words of the Constitution, monitoring, investigation and case build
any sworn statement containing a confession up.
or admission obtained in violation of these
requirements “shall be inadmissible in CRITERIA FOR INCLUSION IN THE WATCH
evidence” against the suspect. When RA 7438 LIST
took effect, it further tightened screws against Persons to be included in this category are
investigation of the suspect, for not only is the those who have been implicated in:
aforesaid statement VOID, but the violations a) Sworn statement of victims, witnesses,
related thereto now constitutes a crime. and arrested suspect/s.
WANTED LIST/WATCH LIST/TARGET LIST b) Tactical interrogation/debriefing reports.
1. WANTED LIST c) Intelligence reports, information reports
 The wanted list is a list consisting of and agent reports.
person who are subjected for arrest. For d) Signed letter complaints and
a person to include on the most wanted e) Other official reports
list, the latter must have an issued
warrant of arrest and accused of either MECHANICS FOR REMOVAL AND
organized or heinous crime. UPGRADING OF ENTRIES FROM WATCH
LIST TO WANTED LIST
MECHANICS FOR REMOVAL AND
DOWNGRADING OF ENTRIES FROM REMOVING ENTRIES FROM WATCH LIST
WANTED LIST TO WATCH LIST TO WANTED LIST
 If upon verification a person is found to
REMOVING ENTRIES FROM WANTED LIST have no involvement whatsoever, the
 A person name shall be removed from person’s name shall be removed from
priority list only after the warrant for his watch list.
arrest bas been served and placed
behind bars. However, same person's UPGRADING ENTRIES FROM WATCH LIST
name shall be placed back in the priority TO WANTED LIST
list if the person has;  On the other hand, if found evidence to
a) Escaped while in detention warrant the filling of a criminal case in
pending the resolution of the court and warrant of arrest has been
court case. issued for the person included in the
b) Jump bail watch list, the person's name shall be
c) Escaped while serving sentence. removed from the watch list and placed
in the priority list.
DOWNGRADING ENTRIES FROM WANTED
LIST TO WATCH LIST 3. TARGET LIST
 In cases where a person has been  Serve as master/reference list outlining
arrested and is out on bail but is pertinent data on organized crime
monitored to be involved in crimes groups/ criminal gangs. Persons to be
defined in the criteria for priority list, included in the category are those who
same person's name shall be placed have been included in the PRIORITY
back in the priority list and placed on the LIST/WATCH LIST and who are at the
watch list. same time members of organized
groups/ gangs. The purpose of this list is
2. WATCH LIST to provide a consolidated reference
 containing data on organized crime  Regularized operations
groups for operational purpose.  Widespread or transcend provincial,
regional, international political
TWO COMPONENTS OF TARGET LIST: boundaries
 ORGANIZED CRIME GROUPS AND,
 CRIMINAL GANGS 2. CRIMINAL GANG – a group of two (2)
1. ORGANIZED CRIME GROUP – a profit or more persons who have a common
motivated by a highly capable group of identifying sign or symbols and whose
persons, or an enterprise organized to members individually or collectively
undertake widespread, regular, or long engage in or have engaged in a pattern
term, large scale, high profile and of criminal activity, creating an
diversified criminal activities that has atmosphere of fear and intimidation
high impact to the economy and national within the community or specific area
security. using violence and intimidation.
THE FOLLOWING ARE THE ESSENTIAL
THE ESSENTIAL ELEMENTS OF AN ELEMENTS OF A CRIMINAL GANG:
ORGANIZED CRIME GROUP: 1. CAPABALITY
1. CAPABILITY 2. ORGANIZATIONAL STRUCTURE- tend
2. ORGANIZATIONAL STRUCTURE to have less control over their members
 Composition- highly structured and  Composition- loose connections
complex of faction
 Disposition- members have infiltrated a  Disposition- members may have
vast variety of legitimate resources previously petty crime experience
 Highly profile strength 3. RESOURCES
 Highly sophisticated logistical support  Basic criminal tools
 Highly specialized training and  Minimal logistical support
indoctrination  Minimum or no specific training or
3. NETWORKING/CONNECTIONS indoctrination
 Well-entrenched and fluid network 4. NETWORKING/CONNECTIONS
 Tight operating linkages and influence  Local criminal network
with law enforcement and other  Few or no operating linkages and
government agencies influence with law enforcement or
 Initiated and maintained through bribery other government agencies
and corruption public officials 5. MODUS OPERANDI
4. MODUS OPERANDI  Less Corporate- focus attention
 high profile on making money from specific
 difficult to counter criminal activity
 violence and intimidation  Territorial- possession of turf
5. PERSONALITIES  Scavenger- motivated by needs
 Attained high level of criminal to belong to a gang
prominence, influence, and linkages not 6. PERSONALITIES
only in their AOR but also outside of its  Low level of criminal prominence
boundaries  Mainly from financially/ socially
6. MOTIVE disadvantaged sector of society
 Organizational profit and Advantage 7. MOTIVE
7. NATURE AND CRIMINAL ACTIVITY  Profit and personal advantage
 Crimes that high profile, sensational, 8. NATURE OF CRIMINAL ACTIVITY
large scale, diversified and have a high  Crimes committed are
impact to the economy perpetrated by hatred, vendetta
8. TIME, DURATION AND FREQUENCY or for profit on a particular crime
 Long term goals
 such as kidnapping only or article, or from whom he receives
robbery articles.
9. TIME, DURATION AND FREQUENCY 6. Cover story – it is the changed, forging,
 Short term goal screening of person’s real personality,
 Irregular operation things, events, and places.
 Limited to a specific area of 7. Deception- it covers a wide variety of
operation tactics, strategy, and maneuvers by
THE SECOND PHASE OF CRIMINAL which a state or person attempt to
INVESTIGATION mislead another generally as to its
1. In the investigation of a certain case, a capabilities and intentions, it is simply to
point is reached when the investigator confuse the opponents about one’s
sometimes finds it difficult to secure plans and purpose.
leads through questioning of the 8. Made- the surveillant being recognized
complainant, victim and witnesses. In as the surveillant by the subject or
such a situation, the investigator has to convoy.
go to the field to locate the criminal or, if 9. Lost- the subject is lost when the
he is known, to study his habits, surveillant do not know his/her
movements and possible accomplices whereabout. The subject is lost when he
and accessories in the commission of eluded arrest.
the crime. 10. Fingerman- an individual who can
TRACE AND LOCATE THE CRIMINAL positively point out the subject.
2. The second phase of crime Investigation 11. Put the finger on- go identify a subject
is concerned with locating and by pointing him out either in person or in
apprehending the offender. This is not photograph.
only frustrating but dangerous on the 12. Penetration- an agent somehow can
part of the investigator. Locating and get inside the target and stay there for a
apprehending the suspect/s can be considerable period to gather
done using informants, conducting intelligence information.
surveillance, and undercover 13. Put to bed- when the subject under
assignments. surveillant has return to his quarter and
Terminologies: apparently retired for the night.
1. Surveillance- is a discreet observation 14. Shadow and tail- to follow an individual
of place, persons, and vehicle for the whenever he goes, on foot or vehicle.
purpose of obtaining information 15. Undercover- is an investigative process
concerning the identities or activities of in which disguises and pretext cover
subjects. and deception are used to gain the
Is a clandestine form of investigation confidence of criminal suspects for the
which consists of keeping any person, purpose of determining the nature and
places or other physical and objects can extent of any criminal activities that
be closely watch but are generally maybe contemplating or perpetrating.
incidental to the primary interest of OBJECTIVES OF SURVEILLANCE
seeking information about people. a) To detect criminal activities
2. Subject of surveillance- the person, b) To discover the identity of persons who
place or object being watch. frequent the establishments and
3. Surveillant- the person who does the determine their relationship
surveillance or maintain the watch. c) To discern the habit of a person who
4. Convoy- an associate of the subject lives in or frequents the place
who follows the subject to detect the d) To obtain evidence of a crime or to
surveillance. prevent the commission of a crime
5. Contact - any person with whom the Shadowing or Tailing – It is the act of following
subject speaks, to whom he passes a person.
Its objectives are:
 a) To detect evidence of criminal activities 5. Do not attempt to appear too innocent. If
b) To establish the associations of a accosted by the subject, however, the
suspect surveillant should normally display
c) To find a wanted person indignant innocence. An attempted
d) To protect a witness explanation might serve to increase the
General Personnel Qualification suspicion of the subject.
3. The SURVEILLANT must be patient, 6. When in a dangerous neighbourhood,
resourceful, versatile, and alert and walk near the curb and thus reduce the
have self-control. He should have a possibility of attack from doorways and
complete knowledge of the investigation alleys.
in order that he may have interest in the 7. Exercise extreme caution in dark alleys.
action of the subject. 8. Never speak to or appear to recognize
General Surveillance Procedure another surveillant unless absolutely to
1. IDENTIFICATION OF THE SUBJECT. accomplish the mission.
A positive investigation of the subject 9. Inexperienced surveillant must conquer
should be obtained prior to the starting of the tendency to believe themselves
the surveillance. The best method to use is made when the subject glances in their
to have the subject pointed out and allows direction several times.
the surveillant to make a personal Recommended Practice
observation. In addition, the surveillant To effect slight changes of appearance to avoid
should secure a photograph of the subject being made.
and his complete physical description. 1. Wear reversible topcoat
2. DRESS OF SURVEILLANT. 2. Periodically alter the shapes of a snap-
The surveillant’s attire should harmonize brim hat
with the area or neighborhood in which the 3. Wear and remove eyeglasses
surveillance is to be conducted. He should periodically
not wear clothing, which is too loud or 4. Remove coat
conservative. In certain areas, it is not 5. Change the seating arrangement in the
uncommon for men to wear short sleeved surveillance automobile. i.e., if two
shirt with no coat. investigators are in front seat of
 When military reservation, it should be automobile one should move to the rear
best to wear the appropriate uniform for seat, periodically he should move from
surveillance work. Care should be one side and back to the front seat.
exercised in wearing rank or branch 6. Change automobile license plates on
insignia other than that authorized and surveillance automobile. If operating in a
compromised the remarks of an civilian area, ensure that the change of
innocent third party. license plates has been cleared with
PRECAUTIONS: civil authorities.
1. Do not make an abrupt, unnatural 7. Dim the light of the surveillance vehicle
moves from doorway to doorway, from or turn off one light by means of a
tree to tree, or behind automobiles. special switch. However, driving with
Such actions are unnecessary attract one light is a dangerous practice and, in
attention. many places, it is unlawful. This
2. Do not use theatrical disguised, false procedure should be used only when it
beard and other such disguised are appears to be necessary and with the
impractical, hard to maintain and easily prior approval of the proper authority.
detectable.
3. Never stare directly at the subject. TYPES OF SURVEILLANCE
4. Never look directly at the subject’s eye. TWO GENERAL TYPES OF SURVEILLANCE
Look slightly ahead or behind the 1. Moving Surveillance- maybe referred
subject, or at his feet. to as TAIL OR SHADOW. A moving
surveillance is conducted when a
 person, object or activity being watch surveillant to keep the subject in sight
move from one place to another. The for maximum period of time and with a
surveillant may however, move from one maximum danger of being made.
vantage point to another in the  A. Operate to the rear of the subject
immediate area. when on the same side of the street.
2. Fixed Surveillance- maybe referred as Crowd and street condition will
STAKE OUT. It is conducted when a determine the appropriate distance to
person, object or activity being watched be maintained between the subject and
is not expected to move from one area. the surveillant.
The surveillant may, however, move  B. When the subjects turn in a corner in
from one vantage point to another in the a not so crowded area. The surveillant
immediate area. continues in the original direction of
METHOD OF SURVEILLANCE travel across the street. Crowd and
a) Loose Surveillance street conditions will determine the
 Observation of the subject or object is appropriate distance to be maintained
not continuous. The Surveillance between the subject and the surveillant.
maybe discontinued if the subject  C. When the subject turns a corner in
becomes suspicious or when the crowded areas, the surveillant should
services of another surveillant is quickly close the distance between
required. himself and the subject and continue
b) Close Surveillance the street corner. From that point, he
 Continuous observation of the subject is should locate the subject (using care is
maintained at all times, even if the not closed when turning the corner and
subject appears to become suspicious continue the surveillance from the side
or openly accost the surveillant and of the street.
accuses him of watching or following  D. Do not turn a corner immediately
him. behind the subject.
c) Combination of Loose and Close  E. When the surveillance operates
Surveillance across the street from the subject
 Circumstances which usually depend common sense will dictate whether he
on the specific act of the subject which remains forward, to the rear or abreast
necessitate a change from loose of the subject. When a subject turns a
surveillance to a close surveillance corner, the surveillant to observe
without prior notice. The investigator contacts and any buildings the subject
may have to make this decision even may enter.
without the benefit of instruction or  F. When the one-man technique is used
counsel. during a fixed surveillance, it is
Five (5) Techniques of Foot Surveillance requested that depending on
1. One-Man Surveillance. circumstances, the surveillant be
 One investigator is used to conduct the provided with binocular and a camera
surveillance because it provides the with telephone lens. The vantage point
least amount of flexibility in the selected by the surveillant should
surveillant, in addition to watching the enable him to watch or observe the
suspect should take notes, watch for subject’s movements and contacts with
convoys, and collect evidences. no danger of the surveillant being seen.
However, when the one-man technique
of surveillance if employed in a moving 2. Two-Man or “AB” Surveillance.
surveillance there are some procedures  1.) In the “AB” technique surveillance,
that the surveillant should be observed. the surveillant behind the subject is
When carefully and sensibly performed, always known as “A” surveillant. “A”
the following procedures will enable the flows the subject and “B” either follows
 on the same side of the street or from assume the “A” signal “B” to follow
across the street. subject, “B” now becomes “A” and “C” is
 2.) When both “A” and “B” operate on then signal to assume “B” position
the same side of the street as the behind” A” and “C” takes up a position
subject turns a corner. “B” turns the across the street from the subject and
corner behind the subject and assumed becomes “C”.
the position of “A”. “A” now becomes  When the subject turns a corner, both
“B” and operates across the street “A” and “B” continues in the original
nearest from the subject. direction of travel and across the street.
 3.) When “B” operates across the “A” signal “C” to take up the “A”
street, from “A” and the subject turns a position. “B” then recrosses the street
corner away from “B” will across the and assumed his former” B” position.
street behind subject and take up the “A” assumes the “C” position.
“A”s position. This move should be pre-  In a third way, “C” does the signaling.
arranged and the signal is necessary. When “C”, who is across the street from
Should the subject cross the street the subject if subject is about to turn a
towards “B”, “B” should avoid meeting corner, “C” reaches the intersection of
the subject by drooping back, going into “A” and “B” and can observe the
a store, or going straight ahead. subject’s moves and signal instructions
Whenever course “B” takes, he should to both “A” and “B”.
try and keep “A” in sight or signaled him
soon as possible becomes his (“B”)
next move will depend on signaled 4. Leapfrog Surveillance.
instruction from “A”.  Two or more surveillants are used to
3. Three-Man or” ABC” Surveillance conduct the leapfrog technique of
 The most common effective techniques surveillance. This is a variation of the
of foot surveillance are the” ABC” “AB” and “ABC” methods. It is simple to
surveillance technique. It employs three execute and greatly reduces the
surveillants and is intended to keep two chances of the subject recognizing the
sides of the subject covered. “A” follows surveillant. Surveillant “A” follows “B”.
the subject, “B” follows “A” and both surveillants operates on the same
concentrates on keeping “A” in sight side of the street as the subject were.
rather than the subject. “B” also  After a variable of time or distance has
watches for convoys. The normal elapsed by pre-arrangement signals,
position for “B” is behind “A”. “C” “A” falls back and allows “A” to assume
normally operates across the street the position of “B” and “A” becomes “B”.
from slightly to the rear of the subject. After another lapse of time or distance,
 In this manner “C” techniques, the surveillants resume their original
necessitated by weather, traffic, or positions. They continue until the
crowd, would have “A” behind the surveillance is employed or
subject. With both “B” and “C” following discontinued.
across the street from the subject. 5. Progressive Surveillance
There are many ways in these  The progressive technique of
techniques can be successfully surveillance is used when extreme
employed. Three of these ways are as caution is mandatory. It can be
follows: presupposed by surveillants that the
 When the subject turns a corner, “A” subject will resort to every method it
continues in the original direction of eludes possible surveillance. It is a slow
tracer and signal instructions to the technique and limited to subject daily
other surveillance from vantage point. routines. Briefly the surveillance works
He can signal either “B” or “C” to in the following manner.
  A subject followed a certain distance identity in case of arrest by other law
and the surveillance or discontinued the enforcement officers, he must act according to
time noted. The next day surveillant his judgment. In such a case, if retaining his
picks up the subject at the time and assumed character does not serve a useful
close when the surveillance had been purpose, the investigator should refuse to
previously discontinued and follows the make a statement except to a member of his
subject for another short distance. This own organization.
continues day after day until the
surveillance is completed. PREPARATION AND SUPERVISION OF
There are three (3) types of shadowing DISCREET SURVEILLANCE
employed, depending upon the objective of Familiarize participating operatives with the
the surveillance: case
a) “Loose Tail” is employed when a i. Use sketches, photos, and maps in the
general impression of the subject’s briefing
habits and associates is required. ii. Make a physical and maps in the
b) “Rough Shadowing” without special briefing
precautions may be used when the iii. Anticipate contingencies that might arise
criminal must be shadowed, and he is and plan what to do
aware of this fact; or where the subject iv. Ready coins for bus or jitney fare and
is a material witness and must be for making phone calls
protected from harm or other v. Determine exits and have them covered
undesirable influences. vi. Bear in mind the need to secure a
c) “Close Tail” surveillance is one in Search Warrant on short notice
which extreme precautions are taken vii. Ready materials for recording
against losing the subject. surveillance
viii. Pre-arrange signals
Tactics- The subject should be kept unaware ix. Maintain contact among the participant
that he is being shadowed. The investigator
should be inconspicuous. He should not be VEHICLE SURVEILLANCE
detected looking directly at the suspect. He In vehicle surveillance, the subject will move
should shift from left to right, never remaining primarily by automobile, therefore necessitating
for long directly behind the subject. Both sides the surveillant followed by automobile. Since
of the street should be used. If the suspect many obstacles, such as traffic conditions,
has become alerted to the tail, he should signal lights and speed restrictions will be
request immediate removal from the encountered, this type of surveillance requires,
assignment. in addition to the routinely well-prepared plan
Note- the investigator must maintain a note or as follows:
log containing a chronological record of the 1. A dependable mode of transportation that
activities of both the investigator and the is commonly used in the area subject for
subject. The log can be used either in the surveillance.
interrogation of the suspect or for purposes of 2. License plate on the car, which must be
cross-examination during trial. identifiable as belonging to an official. They
“Roping” or Undercover Work- It is a form of should be of the province in which the
investigation in which the investigator assumes surveillance is being conducted.
a different and unofficial identity (a cover story) 3. A two-way radio communication system if
to obtain information. The general objective of more than one vehicle is employed.
an undercover investigation is to obtain more 4. Consideration of carrying emergency
information supplies, such as additional gasoline,
Arrest of Undercover Agent- If an water, and first aid equipment.
investigator is arrested by the police, he must 5. Preparations for alternate of transportation
act in accordance with his orders. If he has not in the event that change in transportation
received orders regarding the disclosure of his are required to complete the surveillance.
6. At least two surveillants in each vehicle, 1. Surveillance vehicle should not be
one to drive and the other serves as operated in conspicuous manner.
observer and radio operator, etc. 2. When conducting vehicle surveillance
7. Surveillants who are able and experienced on a rural road and the subject turns
drivers. into a side road do not follow, proceed
past side road consciously observe the
A. THREE (3) TECHNIQUES OF VEHICLE location of the subject. Never turn it
SURVEILLANCE: directly behind the subject or stare up
a) One Vehicle Technique the road to which he will make a U-
 This technique is conducted by one turn, he could have suspected the
vehicle following the subject alone surveillant. If the subject is continuing
though to observe his movements and in new direction, the surveillance can
far behind to avoid ready detection. turn around and follow at a discreet
b) Two- Vehicle Technique distance. If the subject has halted,
 This technique is conducted by two proceed on the signal the second
vehicles to follow the subject at different surveillance vehicle turn unto the side
distance on the same street. This can be road.
carried by having one vehicle following 3. If the subject suddenly halts after being
the subject on a parallel street while the followed a high rate of speed for some
other is receiving radio transmitted distance, proceed past him and give-
direction from the surveillance vehicle arranged signal for the other
which is behind the subject. This surveillance team to take up a position
technique is more available than the behind the subject. the signal may
one-vehicle technique ahead of the consist of several flashes of the brake
subject, if the destination becomes light, or radio communication
apparent, and set up fixed surveillance depending upon the situation. Halt as
post. soon as possible after passing the
c) Four-Vehicle Technique subject without his attention and either
 The four-vehicle technique of fall in behind the other surveillance
surveillance is conducted with four around and resume the surveillance.
vehicles boxing in the subject. Radio 4. If the subject suddenly abandons his
contact is necessary among the vehicle and boarded a bus or streetcar,
vehicles, when information on the assistant should board the carrier
surveillance vehicle is in front of the at the next scheduled stop. The
subject, one behind, one to go left of a surveillant’s vehicle should follow the
parallel street, and one to his right on a carrier as near as possible. Check
parallel street. each stop of the carrier for the
 This technique offers maximum flexibility assistance.
where surveillants are able to move with 5. If the subject suddenly abandons his
the subject. In addition, if it desires to vehicle in a rural area and disappears
make apprehension during the into a wood area, place a staked out on
surveillance, it may be facilitated by the subject’s vehicle before pursuing
blocking the street on which is travelling too him into the woods area. The
and closing from rear and the sides. subject might double back, retrieve his
This method provides means of vehicle and evade the surveillant.
apprehension and lessens the possibility C. DETECTION OF SURVEILLANCE.
of injury to bystanders. The method is The subject may use various method in
only practiced in urban areas in which attempting to detect an automobile
streets are parallel. surveillance, six (6) of which are listed below;
B. PRECAUTIONS: 1. The subject may drive at a high rate of
speed until he reaches the crest or hill
 or curve where he will be out of the intelligence personnel working within the
surveillant’s sight temporarily. circle of the specified mission.
2. The subject may turn around and go in  It is used for passage of directives and
the opposite direction. In turn, the information.
surveillant should follow unless he has  It handles the movements of personnel,
received instruction to discontinue the as in the case of escape and evasion.
surveillance rather than discover.  In some cases, to handle the movement
3. The subject may park his car at a road of materials such as weapon, sabotage
crossing at the edge of a small village supplies, radio, etc.
where strangle automobiles are very Note: The communication system must be
possible. planned and operated in accordance with
4. Determine the base operation, a room, requirements of the task to be done, but also in
an apartment, house or store. such a way to insure proper management,
5. Make a thorough caution timeliness, continuity, and security.
reconnaissance of the area of building In Clandestine Communication, the following
from which the surveillance is to be should be considered;
made. a. Nature of clandestine communication
6. Obtain the necessary equipment such b. Principles (higher echelon or within the
as telescope or field glasses, listening agents concerned,, sustained
devices such as wire- tapping and communication)
microphone, planting cameras when c. Simplicity and flexibility and
necessary or sound d record devices. d. Secrecy and security

REQUIREMENTS AND APPEARANCE OF A MEANS OF CLANDESTINE

SURVEILLANT COMMUNICATION
1. Be of average size, built and general A. PERSONAL COMMUNICATION
appearance 1. Personal meeting
2. Have no noticeable peculiarities in  Car pick-up
appearance  Hotel meeting
3. Should not wear inconspicuous jewelry or  Safe house meeting
clothing
 Restaurant meeting
4. Have nothing about him to attract attention
2. Brief encounter
5. Have perseverance and able to wait for
3. Brush pass
hours
4. Meeting between unknown
6. Always be alert
B. CUTOUT- a person or device interposed
SYNTHESIS
between to person or groups to provide
Surveillance Operations are predominantly
communication.
team effort of a well- planned and carefully
 INTERMEDIARIES- an individual who
executed can be of great help in an
serves as a cutout.
investigation. It is not enough to know the
1. LIVE DROP (LD)- is a person in
concepts, roles, types, and precautionary
clandestine operation who accepts
measures in conducting surveillance, there is
information or material from one agent and
also a need to develop the right attitude and
surrenders it to another.
right action for the job. The activity you are
2. COURIER- a person who carries
dealing with requires intricacies, one wrong
information or material from one individual
move in the way you handle the surveillance
in clandestine operation and give it to
will certainly compromise your purpose.
another.
CLANDESTINE COMMUNICATIONS
3. MOVING LIVE DROP (MLD)- a type of
 It the art of making contact or
unwitting courier, the person on whom or
communicating with the government
whose personal effect clandestine materials
agent (specially between agent handlers
is concealed without his knowledge.
and action agents) and other
 4. ACCOMMODATION ADDRESS- this c. Considered a security that offers some
refers to address used for misleading be degree of protection for those operating in the
readdressing the letter from one place to area unfamiliar to them.
another. d. During the debriefing phase, it will aid in the
C. CUT-OUT DEVISE- is a place or thing operational testing of the agent.
used in the communication between two
members of clandestine organization C. METHOD OF CASING
and is also a means of compacting one 1. PERSONAL RECONNAISANCE- a
element from another. personal in the area is the most effective
1. DEAD DROP (D/D)- is a place where method and will produce the most information
clandestine material may be left by one since you know just you are looking for.
echelon and recovered by another. 2.MAP RECONNAISANCE- a map
2. MOVING DEAD DROP (MDD)- reconnaissance alone may not be sufficient,
involves the use of some means of but it can produce a certain amount of usable
transportation on which clandestine information. From a map, it is possible to get a
information or material can be good survey of road and street network.
concealed at one point and recovered at 3. RESEARCH- such information through
another. research. Research normally entails a study of
3. Foot toss unclassified sources such as local
4. Car toss newspapers, periodicals, public bulletin,
5. Mail telephone and city directories, radio and
6. Advertisement television broadcast, and other available
7. Telephone references.
8. Telegram and radiogram 4.PRIOR INFORMATION- your unit will have
9. Radio on file reports from other activities within your
unit, and from other intelligence units that may
CASING is a reconnaissance or surveillance of provide you with information. In addition, town
a building, place or area to determine its studies, geodetic survey, etc. can provide you
suitability for intelligence use or its vulnerability with valuable information.
in an intelligence operation. 5.HEARSAY- this type of information is usually
gained by the person operating in the area
performing the casing job. Casing should
A. PURPOSE OF CASING always be done with your ears open when
visiting such places as restaurants, bars,
1. Operative will know the best route to get
places of amusement and while riding on a
inside.
public transport facility. Some hearsay
2. Operative will know on how to conduct
information may be gained by street
himself without attracting attention.
questioning of the people in the area.
3. Operative will know what security hazards
are in the area and how they can be avoided or
D. PRELIMINARY ACTION
minimized.
a. Analyze the mission;
4. Operative will know the best route to take
and to get out of the area.  What is the purpose of the casing?
 What are the requirements?
B. USES OF CASING b. Study the available overt information.
a. Aids in the planning of an operation by  Examine street maps and other existing
providing needed information. data. Local libraries contain a wealth of
b. It assists the agent handler to instill such information-but have a logical
confidence in his agent during the briefing reason for your interest.
phase by being able to speak knowingly about c. Check your resources.
the area of operation.  Time available, transportation, technical
equipment must be considered.
d. Decide in advance what thing you are going asset. But do not endanger your security
to look back for. within the target area.
 What you are going to report.
3. Commercial pictures
E. COVERAGE  Remember that commercial pictures
1.Location- pinpoint the exact location by and post cards are often out date. Try to
indicating the street address, intersections, draw in the changes. Indicate which
reference to known point or landmarks, map direction is north and point out
coordinates, name, outstanding identifying unmistakable landmarks.
features, etc.
2.Characterization of the area- a general 4. Detail
description of the area that contains the target  Try to report in such accurate detail that
site should be done. the failure of any mission based on your
3.Approaches to the area- consider case of report cannot be due to ignorance on
access, transportation available (by foot, bus, the part of your agent.
cars, taxicab, etc.)
4.Special characteristics- when does the OBSERVATION AND DESCRIPTION (ODEX)
area function normally? DEFINITION OF TERMS:
5.People in the area- consider the nationality, A. OBSERVATION- is a complete and
mode of dressing, apparent occupation, accurate awareness by an individual of his
reaction to stranger, density, speech of surrounding and encompasses the use of all
language, other habits peculiar to the local major senses to register and recognize its
area, changes to be expected at a different operational and/or intelligence significance.
hour of the day, days of the week. B. DESCRIPTION- is the actual and factual
6.Security consideration in the area. reporting of one’s own observation or the
 Police, watchmen, janitors, store clerks, reported sensory experience recounted by
others another.
 Alarm system available Note: the only way you become aware of
7.Counter surveillance possibilities- (dead anything is through your senses.
end street, alley, locked exits, apparent exits
or halls ending in a cul-de-sac, special gates THREE (3) PSYCHOLOGICAL PROCESS
or barriers) FOR ACCURATE OBSERVATION:
F. DISPOSAL PLAN 1. ATTENTION- consist of psychological
The disposal plan procedures that would be process involved in becoming aware of a fact.
implemented for the information and material. 2. PERCEPTION- consist of psychological
process involved in understanding this fact of
G. ESCAPE AND EVASION PLAN awareness.
The exit planning in the event of emergency Note: (smell of flower, you can guess the name
from the immediate or local point, the general of the flower)
area and completely from the area. 3. REPORT - used in two senses. Under this;
 1. The first in the psychological process
H. THE CASING REPORT involved in identifying by name in one’s
1. Sketches own mind some facts which has been
 Sketches are particularly valuables. perceived.
Show the scale of your sketch. Mark the  2. Report- narrates of what you
target area plainly. Tie your sketches perceived/identified.
into the text of the report.
2. Photography THREE (3) TYPES OF ATTENTION:
 Pictures are of great value. A picture of A. INVOLUNTARY- (least reliable) – you have
every entrance/exit is an important no control, and it requires no effort.
Example = looking at the window of the house, other form of surveillance in which a
when suddenly heard a car collided with prime objective is not to be observed.
another. Undercover surveillant like make
B. VOLUNTARY- this type is more reliable but personal contact with the subject using
not nearly dependable as habitual. an assumed identity or cover.
C. HABITUAL ATTENTION - an attention  The objective of undercover
which distinguished by little effort with investigation maybe to gain a person’s
maximum of control. confidence or to infiltrate an
organization or group by using an
I. FACTORS THAT INFLUENCE ATTENTION: assumed role or identity and to thereby
1. SIZE (normal to abnormal size) obtain information or evidence
2. CHANGE (from silence to noise) connecting the subject with criminal
3. REPETITION activity.
4. STRIKING QUALITY (to attract attention- Undercover Assignment can be designed
wearing clothes) to:
5. INTEREST (interest in some object, like  obtain evidence for prosecution
sexy woman)  obtain into criminal activities
6. ORGANIC CONDITION (observer should  check the reliability of informant of
have the excellent condition of his physical witness
faculties.)  gain information about premises for use
in later conducting a raid or an arrest
II. FACTORS INVOLVED IN PERCEPTION  check the security of a person in a
1. MENTAL CAPACITY- one must have highly sensitive position
enough intelligence to understand the meaning
 obtain information on or evidence
of a fact before he can perceive it.
against subversive groups
Example: A child being brought to a movie
couldn’t fully understand the stories due to
PREPARATION
his/her mental ability to understand.
1. Preparation for undercover works should be
2. EDUCATIONAL BACKGROUND
sufficiently thorough:
3. EMPIRICAL BACKROUND- one has
a) To preclude compromise
acquired by experience throughout his life.
b) To minimize danger to the undercover
4. OCCUPATIONAL BACKGROUND
operative
c) To ensure the ultimate success of the
III. FACTORS GOVERNING REPORTS
investigation
A. Vocabulary- word which individual finds to
2. Undercover investigation should not be
express himself.
attempted until other investigative
B. Time Lag- accurate reporting depends
techniques have failed or are deemed
entirely on timeliness. Delay in
impractical.
reporting results in unconscious omission of
3. Factors to consider before undercover
detail.
investigation is initiated:
C. Recurrence of similar incidents
a) The exact result desired
b) Jurisdiction
UNDERCOVER ASSIGNMENT
c) The importance of the investigation
 The non-uniformed or plainclothes d) Available planning information
investigator is in a good position to e) Availability of qualified personnel
observe illegal activities and obtain f) The equipment and preparation
evidence. For example, a male detective necessary
will pretend to be a ballot vendor, buy, g) Danger to the investigator involved
and sell caw in the rural area, buy and
sell stolen goods, drugs. General and Specific Qualification-
 Many such activities little more than Undercover work as a selective assignment
simply” not smelling like the law.” Unlike
requires that the investigator possess, in headquarters relaying information or
addition to certain general qualifications, instructions
specific qualification required in the type of 10. Arrangements for drops and safe houses
investigation being conducted. be made and, if necessary, the undercover
operative himself may be placed under
General qualifications: surveillance
i. Well-trained and experienced 11.The undercover operative must never pose
ii. A calm, collected and resourceful as a criminal unless no other approach
individual with good judgment and wit appears adequate
iii. Complete self-confidence to feel 12. The role of the undercover operative is to
absolutely certain that he can gather information or evidence against the
successfully play the part of the suspect(s) or the organization, never to
character he will assume instigate the commission of a crime
iv. Courage and ability to meet unforeseen 13.Plans for the operation must provide
situations with quick, sound decisions actions or alternatives in case the undercover
v. Will-power to avoid drugs and operative is arrested
excessive use of intoxicants 14.Reminders to the undercover operative:
a. Act as natural as possible
Specific qualifications: b. Do not overplay the part
i. Ability to act out an assumed role c. Do not indulge in any activity which is
ii. Good memory in an investigation in which not in conformity with the assumed
no notes can be taken or reports submitted identity
iii. Skill adaptable to the occupation assumed d. Do not make notes unless they are to
iv. Physical appearance and capabilities be mailed or passed immediately. Use
consistent with his assumed operations codes and never place return address in
v. Well-grounded in the lingo and technique of letters and envelopes
the subject’s criminal operations e. Do not use intoxicants except to play
vi. In special situation, the undercover the part
investigator should possess certain linguistic f. Limit association with women to that
abilities, hobbies, sports, musical talent, and necessary to play the part
personal background for the undercover 15. Write no notes the subject can read
assignment 16. Carry no identification other than the cover
ID
4. Authority for undercover operations must be 17.Ensure that any communication with
from the top officer of the organization, for this headquarters is covert
may require coordination with other agencies 18.Do not suggest, plan, initiate or participate
5. The undercover operation must be known to in criminal activity
the fewest number of persons. Otherwise, the Tracing the Fugitive
investigation of the operative himself might be DEFINITION OF FUGITIVE
jeopardized.  A person having committed a crime,
6. The background or cover story regarding flees from jurisdiction of the court where
the assumed identity of the undercover crime was committed or departs from
operative must be such that he can easily win his usual place of abode and conceals
the confidence of the suspect or organization himself within the district.
sought to be infiltrated, and should seldom be  A person who, having committed a
wholly fictitious crime in one state, has left its jurisdiction
7. Badge and credentials must never be and is found within the territory of
carried another when it is sought to subject him
8. A weapon should only be carried if it is to the criminal process of the former
consistent with the background story state.
9. Provide safe communication system
between the undercover agent and
  In the case of Rodriguez vs. COMELEC sunken, watery, glass eye, eye
and MARQUERZ filing of charges prior bugs, piercing, dull, fixed, mobile:
to flight is not always and antecedent glasses (include bifocals, thickness
requirement to label one a “fugitive from and type of rim)
justice”. Mere commission of a crime 19. Nose – small, medium, large; thin or thick;
without charges having been filed for the flaring or small nostrils
same and flight subsequent thereto 20. Mustache or beard – short, medium or
sufficiently meet the definition. long; colour; thick or thin; type of beard or
sideburns
DESCRIPTION OF WANTED PERSON OR 21. Lips – thick, thin, puffy; pouting, retracted
FUGITIVE over teeth; red pale or blue; harelip or other
a. Personal data and description should peculiarities
include the following: 22. Mouth – describes as seen from the front;
1. Name – include aliases small, medium, large; thin medium, thick
2. Address – present, and past if any 23. Teeth white, dull stained; firm, loose;
3. Sex – because the name may not indicate decayed; braces; broken or chipped; false or
sex jacket; missing; large or small; space, if
4. Complexion – brown, white, negro etc. noticeable
5. Nationality 24. Chin – normal, receding, protruding;
6. Age – if unknown, make an estimate peculiarities such a small, large,
7. Height – estimate in 2-inch blocks; for double, flat or cleft chin
example, 5 feet 8 inches to 5 feet to 10 25. Neck – short, long, straight, curved;
inches prominent Adam’s Apple, or other peculiarities
8. Weight – estimate in blocks of 10 pounds; 26. Shoulders – small, heavy narrow, broad;
for example, 130 to 140 pounds square, round or stooped
9. Build – large, medium, small; stocky or
stout, obese, slender, or slim b. Distinctive marks, scars, peculiarities and
10. Posture – erect, stooped, round- mannerism
shouldered, stiff, or slim, (i) Scars – size, shape, and location
11. Head-shape – round, flat on top, egg- (ii) Amputation and deformities – location,
shaped, high crown or bulging at the back artificial braces, hearing aid, etc.
12. Hair – color of hair, thick or thin texture, (iii) Speech – slow, rapid, accent, stuttering
location or absence of a part, sideburns, nasal tone, masculine (for men) or
receding hairline, type of baldness feminine (for women), and general use
13. Ears – small, medium, large; shaped: oval, of words
round, triangular or rectangular; (iv) Dress – neat or sloppy, flashy or
close to or sticking out from the conservative type: work, sport,
head; lobes, if unusual shape business, cheap or expensive, hat
14. Face – describe as seen from the front; and shoes by colour and style;
round, square, oval, broad, long suits: colour, etc,; style and
15. Complexion – smooth, rough, fair, dark, colour; ties: style and colour
sun-burned, freckled, sallow, ruddy, (v) Jewelry – type and were worn
pale, or florid; indicate peculiarities (vi) Perfumes or lotions used
such as if pockmarked or pimpled (vii) Habits – neatness, use and forms of
16. Forehead – sloping, receding, medium or tobacco, use of gum, type of
bulging drinks and food, drug addiction,
17. Eyebrows – arched, straight, long, short, scratching, backing, coughing,
united, thin, thick, or bushy, plucked throat-clearing, fingernail-biting,
or tattooed. cracking knuckles, shifting feet,
18. Eyes- large, medium, or small; round or gestures
slanted, colour; peculiarities such as (viii) General characteristics – describe all
squint, bloodshot, spots, protruding, distinctive identifying
 characteristics: for example, loud
or unusual laughter, dead pan or 3. Other Means of Apprehension
poker face, associations with a) Cover the mail
women, expressions, sports, b) Tail his associates, relatives, or girlfriends
gambling and places frequented, c) Cover the postal telegraph
such as dance halls, movie d) Where relatives or close friends are known
houses, pool parlors to be in a hospital or institution, cover the
same for visits
c. General background – additional e) If he is seaman, contact the local shipping
information such as the following may be or marine agencies (he must have papers that
included: family history, marital status, will give leads as to his whereabouts)
education, employment, criminal record, f) Place a stop at the Department of Foreign
friends and associates, medical history Affairs, Passport and Visa Division, if you have
reason to believe that the subject will go
1. The Fugitive. Consider the following: abroad
a) His full name and known aliases
b) Description and distinctive marks, etc.
c) Modus operandi
d) Motive 4. Source of Information
e) Associates, past and present, and a) Police officers, PNP records, NBI record,
girlfriends records of local police agencies, records of
f) Habits and hangouts; resorts he is known to other government agencies
frequent b) Neighbourhood checks – residents and
g) Criminal record - photograph, fingerprints storekeepers
(NBI record check) c) Parole and probation officers
h) Residence- last known and previous d) Banks – safety deposit box and cancelled
locations checks
i) Employment - last known and previous e) Insurance companies
locations f) Public utility companies – MERALCO,
j) Relatives - names and addresses MWSS, gas station, and transportation
k) Close friends - name and addresses companies
l) Physical condition g) Telephone company – application
m) LTO record check (verification), operators information and toll charges
chauffer or owner’s license h) Election Board
n) Social Security number i) Fraternal organizations
o) Selective service history k) Veterans’ organizations
p) Handwriting specimen (for comparison l) School records – for subjects or transfer or
his
children
m) Labour organizations
2. Alarms n) Laundry and dry cleaners
a) Teletype o) Loan organizations
b) Circular p) Auto rental agencies and persons from
c) “Wanted” cards at various police agencies whom
d) Stop at local police station – accident he might have borrowed at rented a car
report, minor offenses, traffic violations, etc. q) Membership in mutual benefit associations
e) Stop at court – minor charge arrest report of accidents; other requests, etc.
f) If a parolee, notify the Parole Board r) Social service and welfare agencies
concerned s) Department of foreign affairs – information
g) If the person frequents the racetracks, notify from previous passport(s)
the authorities at the tracks t) If an alien – Commission on Immigration and
h) Notify former arresting officers Deportation where you can get
 information on whether he is suspect may not be identified for some
registered and the names and time.
addresses of his contacts in the  The time span permits the suspect to
Philippines destroy clothing, shower or bathe, or
u) If a naturalized citizen – the Office of the thoroughly clean out a vehicle used in
Solicitor General and the courts; the crime. The longer it takes for a
application contains all details on the suspect to be developed, the greater the
subject and the names and potential for evidence loss. Once again,
addresses of his witnesses attention is directed to the fact that
v) Prison records will show his minute evidence of the type commonly
correspondence encountered in sexual assault cases
w) Credit houses and investigators tend to be advantageous to law
x) Hospital records, including his personal enforcement.
physician  Very large items, like clothing and
y) Stores were subject purchase car, food or bedding may be thrown away or totally
clothing destroyed, but it is very likely that some
z) Bills for car repair, financing, insurance of the small debris may still remaining
aa) Employment agencies the general area where the larger
bb) Telephone and city directories articles were handled by the suspect.
cc) Bondsmen, when bail is forfeited Although it is somewhat unlikely, hairs,
dd) Employees of the hotel where subject is saliva and other small evidence also can
known to have been a guest – slips for phone be dislodged and transferred to the new
calls; baggage checked or shipped; walk-in clothing of the suspect. This possibility
messages; guests of indirect transfer should not be
ee) Health Department: owner/employee of overlooked when one deals with a
restaurant; Licensure Department. suspect.

THIRD PHASE OF CRIME INVESTIGATION The APPROACH at the acquisition of evidence

involving the suspect will be directly influenced
PROVE BY EVIDENCE THE GUILT OF THE by the time span problem already mentioned.
SUSPECT/S There are three main situations which are
 In proving the guilt of the accused in normally encountered:
court, the fact of the existence of the 1. The suspect is developed immediately
crime must be established; the suspect following the commission of the crime.
must be identified and associated with 2. The suspect is developed as a direct result
the crime scene; competent and of having sustained injuries which warrant
credible witnesses must be available; medical treatment.
and the physical evidence must be 3. The suspect is developed a lengthy time
approximately identified. The proof of after the assault.
guilt will depend on the establishment of
the essential elements of the crime. The EVIDENCE
investigator must know by heart the DEFINITION OF EVIDENCE:
elements of a specific crime.  Evidence is the means sanction by the
 One of the primary goals of physical rules, of ascertaining in a judicial
evidence collection is to link the suspect proceeding the truth respecting the
and the victim to each other, and the matter of facts. (Sec 1, Rule 129, Rules
suspect and or victim to the crime of Court).
scene. There can be a few problems  Evidence also refers to any material
inherent in doing so. While the victim is which tends to persuade the court of the
normally examined for possible truth or probability of some facts
evidence as soon as practical, the asserted before it.
  SECTION 1.Object as Evidence –  After a few breathless moments, gasps
Object as evidenced are those from the audience broke the silence in
addressed to the senses of the court. the courtroom when the glove did not fit
When an object is relevant to the fact in the hand of the accused. During the oral
issue, it may be exhibited to, examined arguments before the jury, the defense
or viewed by the court. repeatedly chanted an argument that
Classification of Evidence in Criminal proved powerful and effective: “If it
Investigation doesn’t fit you must acquit!” O.J.
I. Physical or Object Evidence – this refers Simpson was acquitted.
to an object used as evidence which  Physical evidence is a mute but
obtained through crime scene search. eloquent, manifestation of truth, and it
Any article or object found during crime ranks high in our hierarchy of
scene search or crime investigation trustworthy evidence – where physical
which could link the identity of the evidence runs counter to the testimonial
suspect is known as “Physical or Object evidence, the physical evidence should
Evidence”. Object evidence refers to prevail (Bank of the Philippine Islands v.
evidence made known or addressed to Reyes, 544 SCRA 206).
the senses of the court. Requisites for the Admissibility of Object
 It is not limited to what is known through Evidence
the sense of the vision, but it is 1. The admissibility of object or real evidence,
extended to what the sense of hearing, like any other evidence, require that the object
taste, smell and touched is perceived. be both relevant and competent. To be
This is also known as Autoptic or Real relevant, the evidence must have a relationship
Evidence. to the fact in issue. To be competent, it must
 Object Evidence does not refer to the not be excluded by the rules or by law. The
perception of the witness and a legal basis of this requirement is Sec. 3 of Rule
recollection of the perception. It is not a 128: Evidence is admissible when it is relevant
reconstruction of past events as related to the issue and is not excluded by the law or
by a witness on the stand. Real or these rules.
object evidence is not a verbal 2. For the object not to be excluded by the
description of something. Rules, the same must pass the test of
 Object or real evidence is exactly what authentication. The threshold foundation for
is name suggests. It is the real thing real evidence is its being authenticated. Is it
itself like the knife used to slash the the real thing? In other words, is it the actual
victim’s throat, the ring actually stolen by object it is claimed to be?
the suspect, the bullet extracted from 3. To authenticate the object, there must be
the victim’s chest, or the blood someone who should identify the object to be
splattered on the wall of the room where the actual thing involved in the litigation. This
the victim was found. Meaning, it someone is the witness. An object evidenced,
consists tangible things, like gun, a being inanimate, cannot speak for itself. It
broken glass, a piece of bloody clothing. cannot present itself to the court as an exhibit.
 Object evidence could provide a 4. It must be emphasized that every evidence,
dramatic end to a case. In one whether it be a document or an object, needs a
sensational American double murder witness.
case committed in 1994 involving the The following are the types of evidence
football great, O.J. Simpson, the court according to the investigator’s point of view:
allowed the prosecution to have the a) Corpus Delicti Evidence – it refers to the
accused Simpson try on a glove which object or substance which may be part of the
the prosecution claimed to have been body of the crime. Example: body the victim,
left by the murderer in the crime scene. suspect, weapon, blood stains, body fluids,
fingerprints, discarded evidence
b) Associative Evidence – these are physical words, numbers, figures, symbols or
evidence which link to a person to a crime. other modes of written expression and
The perpetrator may leave some clues at the offered as a proof of their contents.
scene of the crime, such as weapon, tools, There therefore, two categories of documents
fingerprint, foot impression, fibers, broken as evidence, namely:
glass from car involved in a hit and run a. Writings; or
incident. b. Any other material containing modes
c) Tracing Evidence – physical evidence of written expressions.
which may help or assist the investigating
officer in locating the suspect. Example: plane FUNDAMENTAL CLASSIFICATION OF
ticket, pawnshop ticked, soil/mud found on the CASES:
car wheel, restaurant receipt, parking ticket, Cases in crime investigation are fundamentally
etc. classified into “HOT and COLD” The distinction
II. Testimonial Evidence – the product or is important in interviewing witness and in
outcome of the interview and interrogation interrogating the suspects.
from which the witness touch, smell, taste and
hear is being asserted during investigation or 1. A “HOT CASE” – is one where the violation
questioning. Testimonial evidence includes the of law or regulation has just been discovered
testimony of the physicians or the doctors in and the suspect and the witness to the case
courts as ordinary witness or expert witness; are still emotionally affected, upset or involved.
A. OPINION OF ORDINARY WITNESS SEC. 2. A “COLD CASE” is a dormant case where
50. OF RULE 130, RULES OF COURT the witness and the suspect have had the
The opinion of a witness for which proper luxury of ample time to mull over the
basis is given, may be received in evidence ramification of the case and to put up their
regarding respective alibi or defense or other forms of
a. The identity of a person about whom he has subjective impression of the case. It is useful to
adequate knowledge; bear this distinction in mind so that in HOT
b. A handwriting with which he has sufficient case an investigator should lose no time in
familiarity; and taking the statement.
c. The mental sanity of a person with whom he
is sufficiently acquainted. EVIDENCE OBTAINED FROM MECHANICAL
ACTS:
The witness may also testify on his  Mechanical Acts are human actions
impressions of the emotion, behaviour, which do not involve the use of mental
condition, or appearance of a person. processes.
 They are admissible in evidence as
B. OPINION OF EXPERT WITNESS: SEC. 49 they do not violate the rights of the
OF RULE 130, provides that the opinion of a accused against self-incrimination. The
witness on a matter requiring special police can force the accused to do the
knowledge, skill, experience or training which mechanical acts without incurring
h is shown to possess maybe be received in liability.
evidence. Examples:
1. Physical examination of the suspect
III. Documentary Evidence (Rule 130, Rules of 2. The accused could be required to stand up
Court) in
Meaning of Documentary Evidence (document court for purposes of identification
as evidence) 3. To appear at the scene of the crime
 Another category of evidence is 4. To put on a blouse to see to it if it fits him
documentary evidence. Documents, as 5. To put a handkerchief over his face
evidence, do not exclusively refer to 6. To stand up and remove his eyeglasses
writings. They may refer to any other 7. To remove his shirt and coat to permit the
material like objects if it contains letter, court to see scars on his body
8. To exhibit his both hands and arms to show
tattoo marks thereof which previous witness
has
sworn they were.
9. To discharge prohibited drugs from his
mouth
10. To submit to a face shaving and his cut for
purposes of identification
11.To submit to a scientific test for alcoholic
examination
12. To remove any article which denies that
opportunity for observation which
commonly existed for those coming
in contact with him such as his hat,
or article or dress hiding face.
13. To allow the taking of any portion of
substance from his body
14.To be fingerprinted and photographed and
measured
15. To be paraffin tested
16. To submit to police line-up
17. To submit to drug test

EVIDENCE OBTAINED FROM MENTAL

ACTS:
 Mental act is any human action which
requires the use or application of
mental faculties or processes to make
the specific act.
 They are inadmissible in evidence if
obtained through coercion or
compulsion as it violates his right
against self-incrimination. However, if
there is a valid waiver of his right, it is
admissible in evidence, examples;

1. Ordering a person to write in order to get his

handwriting specimen
2. Ordering a person to speak and answer
questions
3. Submitting a person to lie detector
examination test and answer questions
4. In the re-enactment of the crime at the
scene by ordering the accused to demonstrate
how he committed the crime and
5. Taking the dictation for the purpose of
detecting his participation in a crime.
CHAPTER 4 investigation also extends to
CRIME SCENE INVESTIGATION considerations of arguments which
might be generated in this case
INTRODUCTION (suicide / self-defense) and
The main objective of Crime Scene documenting conditions which would
Investigation is to help establish the nature of a support or refute this argument.
crime incident and to identify the responsible  In addition, it is important to be able to
person. This is done by carefully documenting recognize what should be present at a
the conditions at the crime scene and scene but is not (victim’s vehicle / wallet)
recognizing all relevant physical evidence. The and objects which appear to be out of
competence to recognize and properly collect place (Ski Mask) or might have been left
physical evidence is often critical to both by the assailant. It is also important to
solving and prosecuting crimes, especially determine the full extent of a crime
those involving violent acts. scene. A crime scene is not merely the
 It is no exaggeration to say that in most immediate area where a body is located,
cases, the police officer who protects or an assailant concentrated his
and searches a crime scene plays a activities but can also encompass a
vital role in determining whether vehicle and access or escape routes.
physical evidence will be used in solving  Although there are common items which
or prosecuting crimes. are frequently collected as evidence
 Despite the biased portrayal of movie (fingerprints, shoe prints, or blood
and television programs on police stains) literally any object can be
investigation, scene of the crime physical evidence. Anything which can
operation (soco) is a difficult and time- be used to connect a victim to a suspect
consuming law enforcement activity. or suspect to a victim or crime scene is
Indeed, there is no substitute for a relevant physical evidence. Using the
methodical and deliberate approach in a “shopping list” approach (collecting all
scene of the crime operation response. bloodstains, hairs or shoeprints) will
 A crime investigation team must not leap probably not result in recognizing the
to an immediate conclusion as to what best evidence. For example, collecting
happened based upon inadequate bloodstains under the victim’s body or
information, but must generate different shoeprints from the emergency
theories of the crime, keeping the ones personnel will rarely answer important
that are not eliminated by incoming questions.
information at the crime scene.  Conversely, a single matchstick (not
Reasonable inferences about what usually mentioned as physical evidence)
happened are produced from the crime Recovered on the floor near a victim’s
scene appearance and information from body can be excellent physical evidence
witness/es. These theories will help since it can be directly tied to a
guide the crime scene investigator to matchbook found in a suspect’s pocket.
document specific conditions and  Since a weapon or burglar tool is easy
recognize valuable evidence. recognized as significant physical
 Documenting crime scene conditions evidence, it is frequently destroyed by
can include immediately recording the perpetrator. Sometimes the only
transient details, such as lighting remaining evidence is microscopic
(on/off), drapes (open/close), whether evidence consisting of hairs, or other
furniture moved by medical teams. small traces the assailant unknowingly
Certain types of evidence, such as shoe leaves behind or takes with him.
prints or gunshot residue, are fragile and Although this evidence is effectively
if not collected immediately, can easily collected when the clothing of the victim
destroy or lost. The scope of or suspect is taken, protocols (involving
 tape lifts) should be in place to process responsibilities of a team are set forth as
nude bodies so as not to lose this fragile follows:
evidence. A. TEAM LEADER
 Crime scene processing is very crucial 1. Assume control of the crime (by receiving
part in the investigation of crime incident the crime scene from the local investigator).
since it is where an investigator Ensure the safety of the personnel as well as
establishes the case and where the victims and offenders caught in the scene
potential evidence can be recovered and secure the crime scene from kibitzers.
that can connect the suspect to the 2. Conduct initial survey of the crime scene for
crime. Physical evidence does not lie evaluating potential evidence and narrative
and can remain forever. It can stand description of the place.
alone as evidence that only needs a 3. Determine search pattern to be used and
skilled and diligent investigator to locate designate assignments to evidence gatherers.
and collect it. Most of the evidence on a 4. Designate command post in or near the
crime is found at the crime scene. crime scene and insure exchange of
CRIME SCENE RESPONSE GUIDELINES information between searcher and investigator.
 There are certain personnel duties and 5. Coordinate with other law enforcement
responsibilities which are necessary in agencies for the security of the victims,
almost any major search operation. offenders or suspects and the scene of the
Those enumerated in these guidelines crime.
concentrate on the ones which are 6. Ensure that sufficient supplies and
typically crucial to ensure that search equipment are made available for personnel
efforts are conducted in an organized involved in operation.
and methodical fashion. It is important to 7. Control access to the scene and designate
note it may not be feasible to have one personnel to log persons entering the place
person assigned to each duty. It is and remove kibitzer from the area.
relatively common for one person to 8. Continuously re-evaluate efficiency of the
accomplish two or more duties. search and ensure that all places are searched
 For all positions, interest and attitude of properly.
personnel are paramount concerns. 9. Release the crime to the investigator
Training and experience will only be handling the case.
used to best potential when team B. PHOTOGRAPHER AND PHOTOGRAPHIC
members possess a positive attitude. LOG RECORDER
This human side of evidence response 1. Photograph the entire area of the crime
teams is significant due to the long scene with over all medium and close-
hours and attention to detail often up coverage using appropriate scale.
required of personnel. 2. Photograph victims, suspects or
THE SCENE OF THE CRIME OPERATION offenders arrested in the area.
(SOCO) TEAM 3. Photograph all evidence before
 Basically, the mission of the SOCO team collection.
focuses on the preservation of a crime 4. Photograph all latent prints impression
scene for the proper collection, handling before lifting/casting is made. Likewise,
and custody of specimen evidence photograph blueprints, maps and other
retrieved from the scene of the crime. items.
This is followed by the methodical 5. Prepare photographic logs and
segregation of collected pieces of photographic sketch
evidence and submission to the C. SKETCHER
concerned technical division for proper  Sketches are prepared to indicate exact
evaluation or examination. Composition location of objects and its relationship to
as well corresponding duties and each other and other objects at the
crime scene. It is useful in questioning
 of suspects and witnesses as well as in  A smooth or finish sketch is one that is
the writing of investigative reports. finished and is frequently drawn to scale
 Sketches are excellent companions to from the information provided in the
photograph. Where photographs rough sketch. If a sketch is drawn to
provide exact details, sketches offer scale, the numbers concerning the
accurate information about the distances can be eliminated. However, if
placement of objects, and they show the sketch is not drawn to scale, the
relationship and distances between distances need to be shown.
things.
Things to consider in preparing a crime scene 2. RECOMMENDED LEGEND SYMBOLS
rough sketch:
i. Must present the exact
measurement and information about
the placement of objects.
ii. Must be oriented to the north or
show the direction of the north.
iii. Must indicate an accurate
measurement of objects and location
of physical evidence.
iv. Must use the one of the commonly
known types of measurement either
English or American. 3. TYPES OF CRIME SCENE SKETCH
v. Must always use fixed point or object a. Location/ Neighbourhood sketch
as reference point.  It is used to document important items
vi. Must indicate the tag or evidence within a large scene involving a large
designated number on the sketch. tract of land and/or many buildings. The
vii. Must contains the following sketch can show the location of
information: case number, crime evidence and its relationship to the
committed, time and date it was overall scene, the relationship of each
prepared, location of the crime building to one another, the location of
scene, rank and name of major vegetation, fences street signs,
investigator, name of victim, rank, path of egress used by the suspects, the
name and signature of sketcher, location of witnesses in relation to the
name and signature of witnesses. scene. It’s up to the discretion of
viii. The finish sketch will be prepared at investigator what should be included or
the office for court presentation. excluded in the sketch.
ix. Use the universally recommended b. Floor plan/ bird’s eye view
symbols.  Is the simplest and most common one
used in diagramming crime scene. It
Note: While preparing the sketch, the may be used in nearly all crime scene
sketcher should stay in one place. situation where the items of interest are
1. MAIN TYPE OF CRIME SCENE SKETCH in one plane. It is also the easiest for lay
a. Rough Sketch people such jury members/judges to
 A rough sketch is drawn free hand by comprehend.
the sketcher at the crime scene. c. Exploded sketch/ Cross projection
Changes should not be made to it after sketch
the sketcher has left the scene. This  Is the sketch that uses the combination
sketch will not normally be drawn to of the floor plan and the four elevation
scale, but will indicate accurate views (the walls) of a room. The walls
distances, dimensions, and relative and ceiling are drawn as if they are
proportions. folded out with the ceiling placed on one
b. Smooth/ Finish Sketch
 of the walls. The purpose of this type of measurement from the increment to the
sketch is to show points of interest on evidence is taken Elevation Sketch
the walls, ceiling, and floor.
d. Elevation sketch D. EVIDENCE RECORDER/ CUSTODIAN
 The elevation sketch depicts a side, 1. Prepare evidence recovery log and
front, or rear of the exterior of a accomplish chain of custody of
structure or one of the interior walls in a evidence.
room used when the vertical, rather than 2. Conduct packaging, preservation, and
horizontal plane is of interest. Thus, if transportation of collected evidence to
bloodstains were present on a wall of the crime laboratory.
the house, the elevation drawing of the 3. Coordinate evidence nomenclature with
wall would be used to depict this scene. sketcher and evidence gatherer.
4. Receive and record all evidence
4. TYPE OF MEASUREMENTS recovered.
a. Triangulation Method 5. Maintain custody and control of
 An object is located by drawing two evidence.
straight lines from two fixed points 6. Observe the proper custody of
creating a triangle; the object is in angle evidence.
formed by the line. The triangulation 7. Coordinate transmittal of evidence to
method case investigators, or to crime
b. Coordinate/ Angular method laboratory, per agency guidelines.
 This method uses two walls in a room
as fixed points, from which distances E. EVIDENCE RECOVERY PERSONNEL
are measured at right angles. The 1. Have significant evidence photographed
baseline could be a wall or drawn as a before it is collected.
mathematical centre of a room. 2. Keep team leader always apprised of
c. Base line method significant evidence located.
 A straight line is established from one 3. Initial and date all evidence turns it over
fixed point to another fixed point. Using to the evidence recorder/custodian, after
one end of the line as a starting point, noting where the items was located.
an object can be located by measuring 4. Coordinate evidence nomenclature with
along either side of the baseline at a evidence recorder or custodian and
right angle to the object. sketcher.
d. Compass point method 5. Ensure that appropriate safety
 A protractor is used to measure the measures are adhere to, especially with
angle between two lines. One point respect to proper clothing, including
along a wall is selected as the origin. An gloves.
axis line drawn from the origin is the line
from which the angle is measured. ORGANIZATION AND PROCEDURE FOR
e. Grid method CRIME SCENE SEARCH OPERATION
 Starting at a known permanent
reference point at the scene, a Preparation
measurement of predetermined 1. Evaluate the current ramifications of
increments is marked off horizontally crime scene searches (e.g. obtaining of
and vertically. On each horizontal and search warrants).
vertical increment, a line or string is laid 2. Discuss upcoming search with involved
so that the scene resembles many small personnel before arrival at scene, if
squares. When a piece of evidence is possible.
found, it is recorded to the nearest 3. Select when feasible person-in charge
increment from the reference point. A prior to the arrival at the scene.
4. Consider the safety and comport of
search personnel – do not be caught
 unprepared when encountering a
potentially dangerous scene inclement III. Initiate Preliminary Survey
weather. 1. The survey is an organizational stage to
Examples are: plan for the e tire search.
 Clothing 2. A cautious walk-through of the scene is
 Communication accomplished.
 lighting assistance 3. The person-in-charge maintains definite
 shelter administrative and emotional control.
5. Organize communication with services 4. Select appropriate narrative description
of an ancillary nature (e.g., medical technique
examiner, prosecuting attorney) in order 5. Acquire preliminary photograph
that question which surface during the 6. Delineate extent of the search area.
crime scene search maybe resolved. Usually, it is advisable to expand the
Take steps to organize command post initial perimeter.
headquarters for communication, 7. Organize method procedures need to
decision making, etc., in recognize special problem areas.
major/complicated investigations. 8. Determine personnel and equipment
needs. Make specific assignment.
BASIC STAGE IN CRIME SCENE SEARCH 9. Identify and protect transient physical
I. Approaching the crime search crime evidence.
II. Securing and protecting the crime scene 10. Develop and general theory of the crime
III. Initiating preliminary survey or scene.
determine scene boundaries 11. Make extensive notes to document the
IV. Evaluating physical evidence scene, physical and environmental
possibilities conditions, movement of personnel, etc.
V. Preparing narrative description 12. As regards vehicles, get the license
VI. Depicting scene photographically plate number, position of key, odometer
VII. Acquire diagram or sketch of crime reading, gearshift position and the
scene amount of fuel tank. Check also whether
VIII. Conducting detailed search or record the lights are on or off.
and collecting physical evidence
IX. Conducting final survey IV. Evaluating Physical Evidence
Possibilities
I. Approaching the Crime Scene 1. Based upon what is known from the
1. Be alert for discarded evidence preliminary survey, determine what
2. Make pertinent notes as to possible evidence is likely to be present.
approach/escape routes 2. Concentrate on the most transient
evidence and work to the least transient.
II. Securing and Protecting Crime Scene 3. Focus first on the easily accessible
1. Take control on the scene upon arrival areas in open view and progress
2. Determine the extent to which the scene has eventually to possible out-of-view
thus far been protected locations.
3. Ensure adequate scene security 4. Look for purposely hidden items.
4. Obtain information from personnel who have 5. Consider whether the evidence appears
entered the crime scene and have knowledge to have been moved inadvertently.
relative to its original conditions. Document 6. Evaluate whether or not the scene and
who has been at the scene. evidence appear intentionally “contrive”.
5. Take extensive notes. Do not rely on
memory. V. Preparing Narrative Description
6. Keep out unauthorized personnel. Begin 1. The purpose of this step is to provide a
recording who enters and leaves. running narrative of the conditions at the
scene of the crime. Consider what
 should be present at a scene (e.g. 1. The diagram establishes the permanent
victim’s purse or vehicle) and is not record of items, conditions, distance and
observed and what is out of place. (e.g., size, relationship. Diagram supplement
mask) photograph
2. Represent scene in a general to specific 2. A rough sketch drawn at the scene and
scheme. Consider situational factor: is used as a model for a finished sketch
lights on/off, heat on/off newspapers on 3. Typical data on rough sketch:
driveways/ in house, drapes, pulled a. Specific location
open or shut. b. Date
3. Do not permit narrative report to c. Time
degenerate into a sporadic and d. Case identifier
unorganized attempt to recover physical e. Preparer
evidence. In most circumstances, is f. Weather condition
recommended that the evidence should g. Lathing condition
not be collected at this point. h. Scale
4. Methods of narrative – written, audio, i. Compass orientation
video. j. Evidence
k. Measurements
VI. Photographing the Crime Scene l. Key or legend
1. Begin photography as soon as possible. 4. The number of designation n on the
Plan before photographing sketch can be coordinated with same
2. Document the photographic effort with a number of designations on the evidence
photographic log log in many instances
3. Ensure that a progression of overall. 5. General progression of sketches;
Medium and close-up views of the a. Lay out the basic perimeter
scene is established b. Set forth the fixed objects,
4. Use a recognized scale device for size furniture etc.
determination when applicable c. Record the position of the evince
5. Photograph evidence in place before its d. Record appropriate measurement
collection and packaging e. Set forth the key/legend, compass
6. Be observant of and photograph areas orientation, etc.
adjacent to the crime scene; point of
entry, exits, windows, attics, etc. VIII. Conducting A Detailed Search and
7. Consider feasibility of aerial Record and Collecting Physical Evidence
photography 1. Accomplish the search based on
8. Photograph items, places to corroborate previous evaluation of evidence
the statements of witnesses, victims and possibilities.
suspects 2. Conduct the search in a general manner
9. Take photograph from eye level, when and to the specifics regarding evidence
feasible to represent scene as it would items.
be observed by normal view 3. Use of specialized search patters (e. g.
10. Do not hesitate to photograph grid, strip, double strip, wheel method,
something which no appropriate zone or quadrant method) are
significance now. It may later prove to recommended when possible.
be a key element in the investigation 4. Photograph all items before collection
11. Prior to lifting latent fingerprints, and enter notation in the photographic
photograph should take (use log.
appropriate scale) 5. Mark evidence location on the diagram/
sketch.
VII. Preparing the Diagram/Sketch of the 6. Complete the evidence log with
Crime Scene appropriate notations for each item of
evidence.
 7. Ensure that the evidence or the sample in a normal saline solution (1
container of evidence is initialed by the tablespoon halt in 1 quart of distilled
investigator collecting the evidence. water).
8. Do not handled evidence excessively d. Refrigerate sample in saline solution as
after recovery. soon as possible.
9. Seal all the evidence containers at the e. Do not mixed areas where samples are
crime scene. collected.
10. Do not guess on packaging B. Collection of Dried Blood
requirements. Different types of a. On absorbent surface bring in the entire
evidence can necessitate different object or cut out the strained area and
containers. bring to the laboratory.
11. Do not forget entrance and exit areas at b. On non-absorbent surface, scrap up the
the scene for potential evidence. sample and place in a container, or
12. Be sure to obtain appropriate known possible submit the entire article.
standards (e.g., fiber sample from c. If sample is scraped from the surface,
carpet) also scrap a portion of the surface
13. Constantly check the paper works, where no blood is present and submit in
packaging notations, and other pertinent a separate container for control in case
recording of information for possible some substance on the surface causes
errors which may cause confusion or difficulty in tests.
problems later. C. Collection of wet blood on clothing
14. Four (4) basic premises: a. Do not fold the clothing as it may
 The best search options are destroy the stain pattern
typically the most difficult and b. Do not package while the stain is wet
time consuming. c. Allow the clothing to dry before
 You cannot over-document the packaging
physical evidence. d. Do not expose to sunlight or high
 There is only one chance to temperature as they may destroy factors
perform the job properly. which will determine blood typing
 There are two basic search
approaches, in this order. CRIME SCENE SEARCH
General Guidelines
A “cautious” search of visible areas, taking  The precise search pattern used is
steps to avoid evidence loss or contamination. immaterial as long as the search is
After the “cautious” search, a vigorous search systematic and covers the entire area.
for hidden/concealed areas. Assigning two (2) officers to search the
same area greatly increases the
COLLECTING, MARKING, TAGGING AND possibility of discovering evidence.
PRESERVING OF EVIDENCE Finding evidence is no reason to stop a
During crime scene processing, it is important search. Continue searching until the
that the investigating officer is knowledgeable entire area is covered.
on the proper collection and handling of  A successful crime scene search
evidence. locates, identifies and preserves all
A. Collection of liquid substance/blood evidence present.
a. Use a clean, disposable pipette or Evidence found at a scene assists in re-
eyedropper for each samples collected. creating a crime in much the same way that
b. Place the sample in a container, bricks, properly placed results in constructing a
avoiding air space because air will building. A meticulous, properly conducted
cause the blood to dry. search usually results in the discovery of
c. If the amount of blood is minimal, evidence. The security measure taken by the
collection may best made by placing the first officer at the scene determine whether
evidence is discovered intact or after it has
been altered or destroyed. During a search, do 2. Discuss the search jointly with all
not change or contaminate physical evidence personnel for completeness.
in any way, or it will be declared inadmissible. 3. Double check documentation to detect
Maintain the chain of custody of evidence from inadvertent errors.
the initial discovery to the time of the trial. 4. Check to ensure all evidence is
accounted for before departing the
A. First to be observed before the searching scene.
start: 5. Ensure that all the pieces of equipment
1. Determine what type of searching patterns is used in the search are gathered.
most appropriate to the crime scene. 6. Make sure that possible hiding places
2. Determine the number of searching team with difficult access have not been
and members of the searching team. overlook in the detailed search.
3. Mark/tags position of physical evidence with 7. Critical issues: have you gone far
designated evidence number. enough in the search for evidence,
documented all essential things, and
1. The Quadrant or Zone method – In this made no assumptions which may prove
method, one searcher is assigned to a to be incorrect in the future.
quadrant then each quadrant is cut into
another set of quadrants.  Release is accomplished only after
2. Strip method – In this method, the area is completion of the final survey.
blocked out in the form of a rectangular. The  At a minimum, documentation should be
searcher proceeds slowly at the same place made of:
along path parallel to one side of the rectangle.  Time and date of release
When a piece of evidence is found, the finder  To whom released
announces his discovery, and the search must  By whom released
stop until the evidence has been cared for. At  Ensure that an appropriate inventory
the end of the rectangle, the searcher turns has been provided as necessary,
and proceeds along new lanes. considering the legal requirements, to
3. Grid or Double Strip method – this method the person to whom the scene is
is a modification of strip search method. Here, released.
the rectangle is traversed first, parallel to the  Once the scene has been formally
base, then parallel to the side. released, re-entry may require a
4. Spiral method – in this method, the warrant.
searchers follow each other along the path of a  Only the person in-charge should have
spiral beginning on the outside and spiraling in the authority to release the scene. This
towards the center or vice versa. precept should be known and adhered
5. Wheel method – this method of search, the to by all personnel.
area is considered to be approximately circular.  Consider the need to have certain
The searchers gather at the center and specialists serve the scene before it is
proceed outward along the radius or spokes. released (e.g., blood pattern analyst and
The procedure should be repeated several medical examiner).
times depending on the size of the circle and
the number of searchers. Transmittal of Evidence to Crime
Disadvantages of the wheel search method Laboratory
1. Great increase in the area Proper handling of physical evidence is
2. Possibility of evidence necessary to obtain the maximum possible
contamination. information upon which scientific examination
shall be based. The chain of custody of
Conducting the Final Survey evidence must be properly always observed.
1. This survey is a critical review of all The following are principles that should be
aspects of the search. observed in handling all types of evidence:
 c. Report – is a detailed account of an
1. The evidence should reach the event, situation, etc., usually based on
laboratory in same condition as when it observation or inquiry.
was found, as much as possible. d. Report Writing – is a communication
2. The quantity of specimen should be that lends itself to a useful tool for
adequate. Even with the best equipment people in a free society to express their
available, good results cannot be thoughts and ideas and to obtain what
obtained from insufficient specimen. they need or want.
3. Keep each specimen separate from e. Reporting – is knowingly passing along
others so there will be no intermingling information to someone else.
or mixing of known and unknown f. Fact – is anything which either through
materials. Wrap and seal in individual careful observation or investigation, has
packages when necessary been proven to exist as to have
4. Mark or label each of evidence for happened.
positive identification as the evidence g. Note Taking – is defined as a brief
taken from particular location in notation concerning specific events that
connection with the crime under are recorded while fresh in your mind
investigation. and used to prepare a report.
5. Submit a known or standard specimen h. Chronological Order – is the
for comparison purposes. arrangement of events and/or actions in
6. The chain of custody of evidence must order by the time of their occurrence.
be maintained. Any break in this chain of
custody may make the material IMPORTANCE OF INVESTIGATIVE
inadmissible as evidence in court. REPORTING
INVESTIGATIVE REPORT WRITING a. It serves as records for police
The purpose of this subject is to equip the administrators in planning, directing, and
participants/ students with the basic knowledge organizing the unit’s duties
and skills in writing police investigative reports. b. Reports can be used as legal
With the influx of different communication documents in the prosecution of
gadgets, police report writers find difficulty in criminals.
expressing their thoughts clearly for proper c. Reports can be used by other agencies.
comprehension. While spoken and printed d. Reports can be useful to local media
words exist as the two basic tools of which need access to public documents.
communication, a well-written investigation e. The author of a report should also
report remains to be a problem in the different consider that his/her (written) work is
units. reflective of his personality.
Definition of Terms f. Reports can be a basis for research.
a. Investigative Reporting – is an
objective statement of the investigator’s PREPARATIONS NEEDED IN REPORT
findings, it is an official record of WRITING
information relevant to the investigation a. Review and Organize notes
which the investigator submits to his/her b. Draw an outline in chronological
superior. sequence – should answer the 5W’s and
b. Communication – the use of language, 1H
spoken or written to exchange ideas or c. Review for completeness
transfer information. The transfer of d. Actual writing of the report
information or ideas from one person to
another includes the transmission and CRITERIA
receipt of a message to affect some type a. It must be grammatically correct.
of action or change. b. Abbreviation must be used appropriately
and correct.
 c. The report should avoid slang, 2. Standards of good reporting must be set
colloquialism, or unnecessary technical up so that all will know what is expected
terms. of them.
3. Systems of spot-checking must be set
Requisites of a Good Investigation Report up to make sure that corrections are
1. Accuracy – The report should be a true being made and to assure uniformity.
representation of the facts to the best of B. Protect the reputation of the department
the investigator’s ability. Information and its officers.
both favorable and unfavorable to the 1. Good reports reflect favorably on the
suspect should be included. Information officers preparing them and on the
should be verified by statements of department they represent.
other witnesses and by reference to 2. Good reports help refute false charges
official records or to other reliable against officers and the department they
sources. represent.
2. Completeness – The question of C. Methods of supervision.
“when, who, what, where why and 1. Tickler system – this system assures a
how?” should be answered. The regular check on each pending case
elements of the crime should be and is filed behind the officer’s name in
established, and the additional facts the card index box.
developed should tend to prove these 2. Assignment record – this should show
elements. The report should be the cases assigned to each officer and
documented by appending important should include a record of reports
statements/letters, findings of other submitted.
agencies, and laboratory reports. 3. All reports should be read and signed
3. Brevity – Irrelevant or unnecessary by the supervisory official –it is best
materials should be omitted. to have a rule that no report can be filed
4. Fairness – The investigator should take until approved by the supervisor.
the facts as he finds them, and if ever
ha has theories, it must be consistent Different Types of Report
with these facts. 1. Police Blotter – is a record or log of
5. Form and Style – The arrangement of daily events occurring within the
the materials presented should be in a territories/jurisdiction of a given police
manner which will make the report easy unit or command. It contains material
to read. Form includes proper details concerning the event for legal
paragraphing, underscoring, and statistical purposes, it is also where
capitalization and heading. The report all types of operations and undercover
should be written in the third person, the dispatched shall be recorded containing
investigator referring to him/herself as the five Ws (WHO, WHAT, WHERE,
“the investigator.” WHEN, and WHY) and one H (HOW) of
6. Clarity – The language and format of a an information.
report are simple and to the point. 2. Spot Report – this refers to an
7. Specific – Use of specific words that immediate initial investigative or incident
bring the reader close to first-hand report addressed to Higher
experience. Headquarters pertaining to the
8. Timeliness – Completion of a report commission of the crime, occurrence of
promptly. natural or man-made disaster or
Supervision of Reports unusual incidents involving loss of lives
A. Assure good reports and damage of properties.
1. The Chief must sincerely want good 3. Progress Report – it is an accounting
reports of the actions or series of actions
undertaken in relation to an on- going
investigation of a case. It includes
 updates and or recently discovered (Prosecutor) attention for appropriate
facts, data, evidence recovered, result action (either for inquest or regular
of forensic examinations which would filing). When the particular case is
shed further light into case and already referred to the Prosecutor the
determine the next courses of action to investigation of the case terminates and
be taken. the jurisdiction over the case already
4. Special Report – Special reports are resides with the Prosecutor in-charged.
done either because one feels he has 10. Referral notes – Used to inscribe
some reporting to do or a lower police incidents, cases and other important
unit or office is obligated based on the events that transpire during his/her tour
directives or an instruction from the of duty.
higher police offices. 11. Coordination Report – a report which
5. Final Report – Is a thorough, in-depth is used as a means of formal
and lengthy account regarding an coordination to be made by the
investigation into an incident or case as investigating agency with the police unit
mandated by higher authorities to or military unit having operational
establish a determination of the truth jurisdiction over the place where a
and or how far it could be determined police case operation shall be
based on the facts and circumstances conducted.
with the appropriate recommendation for 12. Turn Over of Crime Scene – procedure
the proper course/s of action/s to be done by first responders to the
made. investigator/s in charge.
6. Investigation Report – is considered 13. Turn Over of the Physical Evidence –
internal communication, and it should be procedure done by investigator/s on
addressed to the chief or head of a case to the SOCO team.
police office. Investigation report is 14. After Case Hearing Report (during trial)
complete when it answers the six 15. After Case Hearing Report (during
interrogatives of police report writing- promulgation)
the 5W’s and 1H. It also provides in 16. Case Folder – complete copy of
brief, the sworn statements executed by investigative documents in a particular
the individuals having an interest in the case.
case being investigated. 17. Special Report in Civilian Letter Format
7. Flash Alarm – Is an account relative to 18. Forensic request Form
the commission of a crime or incident
filed by a complaining witness or victim ARREST, SEARCH AND SEIZURES
to the Police citing the date, time, place, I. ARREST
possible motive of the a. Definition of arrest. (Rule 113, Sec. 1
commission/occurrence, how it was Rules on Criminal Procedure) – Arrest is the
perpetrated, and other details relative to taking of a person into custody in order that he
incident. may be bound to answer for the commission of
8. Investigator’s Notes – Recording Note: an offense.
The data of the investigation should be All arrests should be made only based on a
recorded in a complete, accurate and valid warrant of arrest issued by a competent
legible fashion so that in the event authority, except in instances where the law
another investigator is required to allows warrantless arrest.
assume responsibility for the Warrant of Arrest - is an order in writing
investigation, he can make intelligent issued in the name of the People of the
use of the notebook. Philippines, signed by a judge and directed to
9. Case referral report – It serves as peace officer, commanding him to arrest a
endorsement to the Prosecutors Office person and bring him before the court.
of the case being brought by the
investigating officer before their
Rights of a person under arrest or Custodial of the arresting officer to see to it that this is
investigation: accomplished.
You are now under arrest/custodial 4. A person arrested without a warrant shall be
investigation for ______. You have the right to immediately brought to the proper police
remain silent and to have a competent and station for investigation without necessary
independent counsel of your own choice, and if delay and within the time prescribed in Art. 125
you cannot afford the services of the lawyer, of the Revised Penal Code, as amended (i.e.
one shall be provided for free by the 12, 18, or 36, as the case may be), shall
government. Any statement made by you subjected to inquest proceeding under Section
during investigation may be used for or against 7, Rule 112 of the 2000 Rules of Criminal
you in any Court of Law of the Philippines. Procedure.
(These rights cannot be waived except in 5. No torture, force, violence, threat,
writing and in the presence of a counsel) intimidation or any other means which vitiate
b. Arrest how made (Sec. 2) – An arrest is the free will shall be used against an arrested
made by an actual restraint of a person to be person. The bringing of arrested persons to
arrested, or by his submission to the custody of secret detention places, solidarity confinement
the person making the arrest. (incommunicado) or other forms of detention is
No violence or unnecessary force shall be prohibited.
used in making an arrest. The person arrested 6. If the person arrested without a warrant
shall not be subject to a greater restraint than waives his right under the provisions of Article
is necessary for his detention. 125 of the Revised Penal Code the arresting
c. Making the Arrest. officer shall ensure he shall sign a waiver of
a. Use good judgment in connection with detention in the presence of his counsel of
the arrest. choice. If the person arrested waives his right
b. Assume that the subject is armed and against self-incrimination and opts to give his
will take your life if given opportunity statement, the arresting officer shall ensure
1.Arrest on the street. that the waiver shall be made in writing and
This should be made from the side or rear of signed by the person arrested in the presence
the person to be arrested when possible. of counsel of his own choice or a competent
a. Suspect should be forced toward the and independent counsel provided by the
building. government.
b. Avoid congested area when possible. 7. When transporting the suspect/s to the
2. Arrest at Home, Office, or Business police station, be sure that no weapon/s are
Establishment. retained in their persons that could be used
a. Restrict the subject’s movement. Do not against the arresting officer, regardless of if the
grant request for personal privileges person arrested is a noted criminal or not. It is
before being search. also a must that the arrested person/s be
b. Clothing and other things requested handcuffed to prevent violence.
should be examine for weapons or item
of evidence before turning them over to d. Execution of warrant. (Sec. 4) – The head
the subject. of the office to whom the warrant of arrest was
c. Duty of arresting officer(Sec. 3) – It shall delivered for execution shall cause the warrant
be the duty of the officer executing the to be executed within ten (10) days from its
warrant to arrest the accused and receipt. Within ten (10) days after the
deliver him to the nearest police station expiration of the period, the officer to whom it
or jail without unnecessary delay. was assigned for execution shall make a report
3. The person arrested, with or without warrant, to the judge who issued the warrant. In case of
shall be informed of his constitutional right to his failure to execute the warrant, he shall state
remain silent and that any statement he might the reason, therefore.
make could be used against him. He shall have e. Arrest without warrant; when lawful (Sec.
the right to communicate with his lawyer or his 5) – A peace officer or a private person may,
immediate family. It shall be the responsibility without a warrant, arrest a person:
1. When, in his presence, the person to be arrest, unless the latter is either engaged in the
arrested has committed, is actually committing, commission of an offense, is pursued
or is attempting to commit an offense; immediately after its commission, or has
2. When an offense has just been committed escaped, flees, or forcibly resists before the
and he has probable cause to believe based person making the arrest has opportunity to so
on personal knowledge of facts or inform him, or when the giving of such
circumstances that the person to be arrested information will imperil the arrest.
has committed it; and j. Officer may summon assistance (Sec.10)
3. When the person to be arrested is a prisoner – An officer making a lawful arrest may orally
who has escaped from a penal establishment summon as many persons as he deems
or place where he is serving final judgment or necessary to assist him in effecting the arrest.
is temporarily confined while his case is Every person so summoned by an officer shall
pending or has escaped while being assist him in effecting the arrest when he can
transferred from one confinement to another. render such assistance without detriment to
In cases falling under paragraphs (a) and (b) himself.
above, the person arrested without a warrant k. Right of officer to break into building or
shall be forthwith delivered to the nearest enclosure (Sec.11) – An officer, in order to
police station or jail and shall be proceeded make an arrest either by virtue of a warrant, or
against in accordance with section 7 of Rule without a warrant as provided in section 5, may
112. break into any building or enclosure where the
person to be arrested is or is reasonably
f. Time of making arrest (Sec. 6) – An arrest believed to be, if he is refused admittance
may be made on any day and at any time of thereto, after announcing his authority and
the day or night. purpose.
g. Method of arrest by officer by virtue of l. Right to break out from building or
warrant.(Sec.7) – When making an arrest by enclosure (Sec. 12)- Whenever an officer has
virtue of a warrant, the officer shall inform the entered the building or enclosure in
person to be arrested of the cause of the arrest accordance with the preceding section, he may
and the fact that a warrant has been issued for break out there from when necessary to
his arrest, except when he flees or forcibly liberate himself.
resists before the officer has opportunity to so m. Arrest after escape or rescue (Sec. 13) –
inform him, or when the giving of such If a person lawfully arrested escapes or is
information will imperil the arrest. The officer rescued, any person may immediately pursue
need not have the warrant in his possession at or retake him without a warrant at any time and
the time of the arrest but after the arrest, if the in any place within the Philippines.
person arrested so requires, the warrant shall n. Right of attorney or relative to visit
be shown to him as soon as practicable. person arrested (Sec. 14) – Any member of
h. Method of arrest by officer without the Philippine Bar shall, at the request of the
warrant (Sec. 8) – When making an arrest person arrested or of acting in his behalf, have
without a warrant, the officer shall inform the the right to visit and confer privately with such
person to be arrested of his authority and the person in the jail or any other place of custody
cause of the arrest, unless the latter is either at any hour of the day or night. Subject to
engaged in the commission of an offense, is reasonable regulations, a relative of the person
pursued immediately after its commission, has arrested can also exercise the same right.
escaped, flees, or forcibly resists before the o. Arrest of Minors (RA 9344 Juvenile
officer has opportunity to so inform him, or Justice Act of 2005) – If it has been
when the giving of such information will imperil determined that the child taking into custody is
the arrest. fifteen (15) years old or below, the authority
i. Method of arrest by private person (Sec. which will have an initial contact with the child
9) – When making an arrest, a private person has the duty to immediately release the child to
shall inform the person to be arrested of the the custody of his/her parents or guardian, or in
intention to arrest him and the case of the the absence thereof, the children nearest
relative. Sais authority shall give notice to the region where the warrant shall be
local social welfare and development officer. It enforced.
the parents, guardians’ or nearest relatives However, if the criminal action has already
cannot be located, or if they refused to take been filed, the application shall only be made
custody, the child may be released to any of in the court where the criminal action is
the following: pending.
I. Duly registered non-government and e. Application of Search Warrant - All
religious organization. application for search warrant shall be
II. A barangay official or a member of the approved for filling by the Chief of
Barangay Council for the Protection of Police. The application shall indicate the
Children (BCPC). following data:
III. A local social welfare and development 1. Office applying for Search Warrant.
officer. 2. Name of officer applicant;
IV. Department of Social Welfare and 3. Name of subject, if known
Development. 4. Address/place(s) to be search;
p. Detention and bodily Search of Minor – A 5. Specific statement of things/articles to
child in conflict with the law shall only be be seized; and
searched by a law enforcement officer of the 6. Sketch of the place to be searched.
same gender and shall not be locked up in a f. Personal property to be seized
detention cell. However, if detention is (Sec.3)- A search warrant may be
necessary, the arresting officer shall ensure issued for the search and seizure of
that the child shall be secured in quarters personal property:
separate form that of the opposite sex and 1. Subject of the offense;
adult offenders. 2. Stolen or embezzled and other
II. SEARCH AND SEIZURE proceeds, or fruits of the offense;
a. Search – is an examination of an 3. Used or intended to be used as
individual’s person, house papers or the means of committing an
effects, or other buildings and premises offense.
to discover contrabands or some
evidence of guilt to be used in the g. Requisites for issuing search warrant
prosecution of a criminal action. (Sec.4) – A search warrant shall not
b. Seizure – is the confiscation of personal issue except upon probable cause in
property by virtue of a search warrant connection with one specific offense to
issued for the purpose. be determined personally by the judge
c. Search warrant defined (Sec.1) - after examination under oath or
signed by a judge and directed to a affirmation of the complainant and the
peace officer, commanding him to witness he may produce, and
search for personal property described particularly describing the place to be
therein and bring it before the court. searched and the things to be seized
d. Court where application for search which may be anywhere in the
warrant shall be filed (Sec.2) – An Philippines.
application for search warrant shall be h. Examination of complainant; record
filed with the following: (Sec.5) – The judge must, before
1. Any court within whose territorial issuing the warrant, personally examine
jurisdiction a crime was committed. in the form of searching questions and
2. For compelling reasons stated in answers, in writing and under oath, the
the application, any court within the complainant and the witnesses he may
judicial region where the crime was produce on facts personally known to
committed if the place of the them and attach to the record their
commission of the crime is known, sworn statements, together with the
or any court within the judicial affidavits submitted.
i. Issuance and form of search warrant day validity period, the
(Sec.6) – If the judge is satisfied of the responsible police officer
existence of facts upon which the conducting the search must file,
application is based or that there is before the issuing court, an
probable cause to believe that they application for the extension of
exist, he shall issue the warrant, which the validity period of said search
must be substantially in the form warrant.
prescribed by these Rules. n. Receipt for the property seize (Sec.
j. Right to break door or window to 11) – The officer seizing the property
effect search (Sec.7) – The officer, if under the warrant must give a detailed
refused admittance to the place of receipt for the same to the lawful
directed search after giving notice of his occupant of the premises in whose
purpose and authority, may break open presence the search and seizure were
any outer or inner door or window of a made, or in the absence of such
house or any part of a house or anything occupant, must, in the presence of at
therein to execute the warrant to liberate least two witnesses of sufficient age and
himself or any person lawfully aiding him discretion residing in the same locality,
when unlawfully detained therein. leave a receipt in the place in which he
k. Search of house, room, or premises found the seized property.
to be made in presence of two o. Delivery of property and inventory
witnesses (Sec.8) – No search of a thereof to court; return and
house, room, or any other premises proceedings thereon (Sec.12)
shall be made except in the presence of 1. The officer must forthwith deliver the
the lawful occupant thereof or any property seized to the judge who
member of his family or in the absence issued the warrant, together with a
of the latter, two witnesses of sufficient true inventory thereof duly verified
age and discretion residing in the same under oath.
locality. chan robles virtual law library 2. Ten (10) days after issuance of the
l. Time of making search (Sec.9) – The search warrant, the issuing judge
warrant must direct that it be served in shall ascertain if the return has been
the day time, unless the affidavit asserts made, and if none, shall summon the
that the property is on the person or in person to whom the warrant was
the place ordered to be searched, in issued and require him to explain
which case a direction may be inserted why no return was made. If the
that it be served at any time of the day return has been made, the judge
or night. shall ascertain whether section 11 of
m. Validity of search warrant (Sec.10) – A this Rule has been complied with
search warrant shall be valid for ten (10) and shall require that the property
days from its date. Thereafter, it shall be seized be delivered to him. The
void. judge shall see to it that subsection
 If in the implementation of the (a) hereof has been complied with.
search warrant, its object or 3. The return on the search warrant
purpose cannot be accomplished shall be filed and kept by the
in one day, the search can be custodian of the log book on search
continued the following day, or warrants who shall enter therein the
days, until completed provided it date of the return, the result, and
is still within the ten (10) day other actions of the judge. A violation
validity period of the search of this section shall constitute
warrant. contempt of court.
 It the object or purpose of the p. Search incident to lawful arrest
search warrant cannot be (Sec.13) – A person lawfully arrested
accomplished within the ten (10) may be searched for dangerous
 weapons or anything which may have proof of the omission of an offense,
been used or constitute proof in the without a search warrant.
commission of an offense without a It should be noted that the arrest must precede
search warrant. the search. The search is limited to body
q. Motion to quash a search warrant or search and to that point within reach or control
to suppress evidence; where to file of the person arrested, or that which may
(Sec.14) – A motion to quash a search furnish him with the means of committing
warrant and/or to suppress evidence violence or of escaping or search for evidence
obtained thereby may be filed in and to destroy it.
acted upon only by the court where the 1. Search of Vessels – Search of vessels
action has been instituted. If no criminal and aircrafts because of their mobility
action has been instituted, the motion and the relative ease in fleeing the
may be filed in and resolved by the court state’s jurisdiction.
that issued search warrant. However, if 2. Emergency or Exigent
such court failed to resolve the motion Circumstances – A search could be
and a criminal case is subsequently filed validly dispensed with in cases of
in another court, the motion shall be exigent of emergency situation, and the
resolved by the latter court police officers have reasonable ground
r. Lawful Warrantless Searches and to believe that the crime was being
Seizures (Sec 9 Rule 17 POP) - committed, and they have no
Warrantless Searches and Seizures are opportunity to apply for search warrant
lawful under any of the following from the courts because the latter were
circumstances: closed.
1. When there is consent or waiver. To
be valid waiver, the rights must exist, TESTIMONY OF WITNESSES
the owner must be aware of such Witness Processing for Testimonial
right, and he must have the intention Evidence
to relinquish it. A. Definition of Terms:
2. When evidence to be seized is in 1. Witness – any person who possess
“plain view”. The discovery of this information or knowledge of the crime
evidence must be inadvertent or being investigated.
unintentional. 2. Interview – simple questioning of a
3. Custom search and searches made person who have knowledge of a crime
at airports/seaports in order to collect but was not involved therein.
duties. This warrantless search is 3. Interrogation – forceful questioning of a
allowed due to urgency. person who possess knowledge of a
4. Search on moving vehicles be made crime but reluctant to divulge the said
without a warrant because it would information to the authority.
be impracticable to secure a warrant 4. Elicitation – process of taking
before engaging in “hot pursuit”. information from the subject without his
5. Routine searches made at or in the knowledge.
interest of national security, such as 5. Dying Declaration – declaration made
border checks or checkpoints. by a person who is conscious of his
6. Stop-and-search or stop-and-frisk, impending death where his death is the
where the search precedes the subject of the investigation.
arrest, and is allowed on the grounds 6. Custodial Investigation – investigation
of reasonable suspicious. conducted by law enforcement officer
7. Search incidental to a lawful arrest. A after a person has been arrested or
person lawfully arrested may be deprived freedom of action. It includes
searched for dangerous weapons or invitation to a person who is being
anything which may be used as investigated in connection with an
offense.
 7. Miranda Doctrine – a principle on the required to take statement of the person who is
right of the suspect from force self- about to die, and this is commonly known as a
incrimination during police interrogation DYING DEDLACARATION. This dying
as enshrined in the 1987 Philippine declaration is admissible in court as evidence
Constitution, Bills of Right (Art 3 Sec. against the accused if the statement is based
12) on the victim’s personal knowledge and is
made under a belief of immediate impending
Witness Processing for Testimonial death.
Evidence Procedure
1. Initial Interview Therefore, the victim must know the
a. Interview of witness at the crime scene circumstances under which he or she received
and conduct dying declaration of the the injury and must be convinced that he is
victim if necessary. dying for it. The court permit the investigator or
b. Conduct of elicitation on the witnesses any peace officer who hears or took the
and suspects. statement of the victim to testify to such
c. Background check of both the victim statement (this is an exception to the hearsay
and the suspect. rule) because of the belief that a person who is
2. Structured and Unstructured Interview about to die never lies.
(interrogation)
a. Suspects are brought to station for DYING DECLARATION – (sec. 37, Rule 130)
interrogation – is the declaration of a person made under the
b. Taking of admission/confession of the consciousness of an impending death, maybe
suspect in the presence on his counsel. received in any case wherein his death is the
c. Suspects are being inform of his subject of inquiry, as evidence as the cause
Constitutional right or the Miranda and surrounding circumstances of such death.
Doctrine. The following are the rights of Dying declaration is a statement made by the
the accused under custodial victim of homicide and is admitted on the
investigation which the investigator must theory that a man who is convinced that he is
inform the suspect in the dialect kwon to going to die is not in a condition to invent a
him. story to prejudice the accused.
1. The right to remain silent
2. The right to a counsel of his own
choice. If he cannot afford one, he
will be provided with a counsel free
of charge.
3. The right to be inform of such right.
  3. Taking of sworn statement
a. Taking of the dying declaration of the
victim at the crime scene or while being
brought at the hospital.
b. Preparation of the affidavit of arrest of
the responding police officer, complaint
sheet, case referral sheet and pieces of
evidence.
c. Preparation of other documentary
requirements to be forwarded to other
law enforcement offices as a
prerequisite for filling in court.
DYING DECLARATION
Introduction
It is indispensable sometimes that the
investigating officer or any peace officer is