PROF HERNANDO A STA. ANA JR., RCRIM.

, CSMS, CSP, CST, CSO, CSPA, CCSM

INVESTIGATION
- it is a collection of facts to accomplish the three (3)
fold aim:
1. to identify the guilty party
2. to locate the guilty party
3. to provide evidence of his guilt

The 3 I’s or Tools in Criminal Investigation

1. Information
2. Interview and Interrogation
3. Instrumentation (Criminalistics)
Who Are Criminal Investigator?
A prober or investigator is the person who is
in charge with the duty of carrying out the
objectives of investigation in identifying the
criminals, locating the offender, providing
evidence to prove the guilt and act as a
witness in favor of the prosecution.
.INFORMATION
– is a data gathered by an investigator from other
person’s including the victim and from public
records, private data and MO file.
.INTERVIEW
– is the process of eliciting information from witness
and confidential informants.
.INTERROGATION
– is a skillful questioning of uncooperative and hostile
witness/es and suspect/s.
.INSTRUMENTATION or CRIMINALISTICS
– is a scientific examination of evidence, application
of instruments and methods of physical science
in detecting crime otherwise known as criminalistics.
Q. The principal psychological factor
contributing to a successful interrogation
is:
A. In Public Building
B. Its Privacy
C. In A Safe Office
D. In A Secured Hotel
E. Secluded Area
SIMILARITIES
1. Establishing Rapport 4. Concluding Correctly
2. Asking Good and Appropriate Questions 5. Documenting Properly
3. Listening Carefully 6. Accomplishing the Objectives

DIFFERENCES
INTERVIEW INTERROGATION
(Investigator is Doing only (Investigator is Doing the
20% of the Work) 90% of the Work)
Purpose is to Obtain Information Purpose is to Test Information
Already Obtained
Cooperative Relation Between Adversarial or Hostile Relationship
Interviewer and Likely Subject Between Interrogator and Likely Suspect
No Guilt or Guilt is Uncertain Guilt is Suggested or Likely
Moderate Planning or Preparation Extensive Planning or Preparation
Private or Semi-Private Absolute Privacy is Essential
Environment is Desirable
Controlling the Surroundings is Controlling the Surroundings is Critical
Important
Q. This law creating the Revised Penal
Code (RPC) which took effect on
January 01, 1932?

A. Act No. 3581

B. Act No. 3158
C. Act. No. 3815
D. Act No. 3185
Q. A lawful, logical search for people and
things or physical evidence that are
useful in reconstructing the
circumstances of a crime.
A. Interrogation
B. Gathering of Facts
C. Criminal Investigation
D. Interview
Q. It is an act or omission prohibited
by law and punishable by a fine,
imprisonment, a combination of
both, or even death.
A. Felony
B. Offense
C. Infraction
D. Crime
DISTINCTION
If the crime is punished by the Revised
Penal Code, it is called a FELONY.
If the crime is punished by a Special
Law, it is called an OFFENSE.
If the crime is punished by an
Ordinance, it is called an INFRACTION.
In layman’s term, it is commonly called
a CRIME.
Q. Described as a “sixth sense” that police officers
develop, which frequently results in hunches
concerning how a crime was committed.
A. Faith
B. Instinct
C. Intuition
D. Luck

Drawing on experiences and training, the investigator forms a

subconscious thought process that frequently is hard for someone
outside the profession to understand or clearly define.
INTUITION isn’t something that can be taught,
but is something that an investigator develops
with time and experience but however,
INTUITION has a rival in our thought:

1. RATIONALIZATION
2. JUSTIFICATION
3. DENIAL
Q. Those that are left behind by the criminal
perpetrator in the scene of the crime,
which have significance in criminal
investigation are called ___________.
A. Weapons
B. Criminal Evidence
C. Instrumentation
D. Fruits of the Crime
Q. The study of physical evidences such
as blood, bloodstains, fingerprints,
tool marks, etc. through a laboratory
work refers to __________.
A. Criminalistics
B. Investigation
C. Interrogation
D. Police Science
Q. The two most basic functions of police
work are: the Protection of Life and
Property and the Maintenance of Peace
and Order. When these fundamental
functions fail, the third basic task must
be undertaken:
A. Enhance Community Policing
B. Police Community Relations
C. Creation of Special Task Group
D. Conduct of Investigation
Q. An act made by officer of the law or his
agents to incite, induce, instigate or lure
an accused into committing an offense,
which otherwise would not commit and
has no intention of committing.
A. Inducement
B. Provocation
C. Instigation
D. Motivation
Q. As a rule, do not touch, alter or
remove anything at the crime scene
until the evidence has been processed
through notes, sketches and photographs,
with proper measurements. This refers to..
A. The Golden Rule in Investigation
B. The Number One SOP in Investigation
C. The Act of Note Taking
D. The Act of Crime Scene Preservation
Q. The continues accountability of persons
handling evidences, and having
responsibility of taking care and
preserving the evidences from the time
it was found until brought to court for
presentation is called. . .
A. Chain of Events
B. Key Events
C. Chain of Custody of Evidence
D. Chain of Command
Q. It is the general questioning of all
persons at the crime scene conducted
by the investigator on the field. The
investigator don’t need to warn or
informed the person/s questioned
about the Miranda Doctrine.
A. General Questioning
B. Field Questioning
C. Field Inquiry
D. Random Questioning
The concept of "MIRANDA RIGHTS" was enshrined
in U.S. law following the 1966 Miranda vs.
Arizona Supreme Court decision, which found that
the Fifth and Sixth Amendment rights of Ernesto
Arturo Miranda had been violated during his arrest
and trial for armed robbery, kidnapping, and rape
of a mentally handicapped young woman. Miranda
was subsequently retried and convicted later.
Q. Which of the following laws define and
protect the “Miranda Rights” of a
person?
A. RA No. 7438
B. RA No. 9208
C. RA No. 6955
D. RA No. 8353
REPUBLIC ACT NO. 7438
“An Act Defining Certain Rights of
Person Arrested, Detained or under
Custodial Investigation as well as the
Duties of the Arresting, Detaining and
Investigating Officers, and Providing
Penalties for Violations thereof.”
(Enacted into Law last April 27, 1992)
Q. It refers to “any questioning initiated
by law enforcement officers after a
person has been taken into custody or
otherwise deprived of his freedom of
action in any significant way.”
A. Interrogation
B. Custodial Investigation
C. Tactical Investigation
D. In-Depth Inquiry
What Does Custodial Investigation
Presuppose?

These presuppose that he is suspected

of having committed a crime and that the
investigator is trying to elicit and extract
information or a confession from him.
When Does The Rule On Custodial
Investigation Begin To Apply?
The rule begins to operate at once, as soon
as the investigation ceases to a general
inquiry into an unsolved crime, and direction
is aimed upon a particular suspect who has
been taken into custody and to whom the
police then direct interrogatory questions
which tend to elicit information or
statements that will incriminate the person.
Mr. Ty was under audit investigation by the
Commission on Audit (COA) pertaining to a budget
allegedly misappropriated by his office.
Q: Is Mr. Ty covered by Republic Act No. 7438?

A person under a normal audit investigation by

Commission on Audit (COA) is NOT considered to
be under custodial investigation since a COA audit
examiner is NOT considered an arresting officer
under RA 7438 (Navallo vs. Sandiganbayan, 234
SCRA 175.)
Suppose The Suspect Went To The Police
Station And Narrated Events Freely. Is He
Considered Under Police Investigation?
YES or NO?
NO. The assailed statements were not all
elicited or extracted through questioning but
a voluntarily made statement to the police
authorities. (Benjamin vs. People of the Phils., GR
No. 187725, 19 January 2011)
Q. Republic Act No. 7438 requires that during
custodial investigation, police investigators
must observe the following rights of the
arrested person, except:

A. Right to remain silent

B. Right bail and speedy trial
C. Right to be informed of such right
D. Right to counsel of his own choice; and if he
cannot afford one, he shall be provided with
an independent and competent counsel
Q. One who guards the victim in a
kidnapping but did not participate in
the kidnapping is himself liable as:

A. Principal
B. Accessory
C. Accomplice
D. Not Liable At All
Q. One who plans the commission of a
felony is himself liable as:

A. Principal
B. Accessory
C. Accomplice
D. Not Liable At All
Q. Poloy accosted Toto for allegedly littering
in his backyard but did not delivered Toto
to the authorities instead locked Toto
inside his store room for an hour. Does
Poloy committed any crime?
A. No
B. Yes
C. Not Yet
D. None of the Choices
DISTINCTION

ARBITRARY DETENTION ILLEGAL DETENTION

1. principal offender must be a 1. principal offender must be a private
public officer. person, a public officer acting in a private
capacity, beyond the scope of his duties, or
he becomes an accomplice or accessory to
the crime committed by a private person.
2. offender who is a public officer has 2. the offender, even if a public officer, does
a duty which carried with it the not have the power to arrest and detain a
authority to detain a person. person, unless he conspire with a public
officer in committing arbitrary detention.

ARBITRARY DETENTION ILLEGAL ARREST

1. offender is a public officer vested 1. offender may be any person;
with the authority to make an arrest;
2. main reason for detaining the 2. purpose is to accuse the offender of a
offended party is to deny him his crime he did not commit, to deliver the
liberty. person to the proper authority, to file the
necessary charges in a way trying to
incriminate him.
Q. The victim was detained for 2 days and
the kidnapper demanded ransom but
on the same day the victim was rescued
by the police. The crime committed is:
A. Slight Illegal Detention
B. Kidnapping and Serious Illegal Detention
C. Frustrated Kidnapping
D. None of These
Q. Bert went to the confession room and disclosed
the crime he committed to Father Tatang against
his neighbor who is a long-time friend of Father
Tatang. After Bert confessed, the priest called his
police-friend and narrated everything. Will the
information obtained by Father Tatang be used
or utilized in court?
A. Yes, it’s a first hand information.
B. Yes, the priest will not lie.
C. No, it cannot be.
D. No, it needs consent first.
PRIVILEGED COMMUNICATION
Conversation that takes places within the
context of a protected relationship, such as
that between an attorney and client, a
husband and wife, a priest and penitent, and a
doctor and patient. The law often protects
against forced disclosure of such
conversations.
Q . The wife steals her husband’s wallet
containing P5,000.00. What crime,
if any, did the wife commit?
A. Theft
B. Qualified Theft
C. Estafa
D. Estafa with Abuse of Confidence
E. No Criminal Liability
EXEMPTION FROM CRIMINAL LIABILITY
IN CRIMES AGAINST PROPERTY
Art. 332. Persons Exempt From Criminal Liability:
In crimes of theft, swindling or malicious mischief
committed by the following:
1. Spouses, ascendants and descendants, or relatives by
affinity in the same line.
2. The widowed spouse with respect to the property
which belonged to the deceased spouse before the same shall
have passed into the possession of another; and
3. Brothers and sisters and brothers-in-law and sisters-in-
law, if living together.
- said provision is not applicable to stranger participating
in the commission.
Q. Intoxicating the victim after which 4
accused armed with a knife gang-rape
the victim. Rape in this case is
aggravated by:

A. Superior Strength
B. Means To Weaken The Defense
C. Band
D. Treachery
Q. It is an unlawful resistance to a superior
officer, as the raising of commotion and
disturbance on board a ship against the
authority of the commander, committed
on the high seas.

A. Piracy
B. Mutiny
C. Sea Hijack
D. Unlawful Attack
DISTINCTION

PIRACY MUTINY
1. Intent to gain an 1. Not an element
element
2. Attack of vessel 2. Offender is a
comes from the passenger or crew of
outside; offender are the vessel
stranger to the vessel.
Q. The lawful act of restraining a person
person believed to have committed
a crime and placing him under custody
is termed as. . .
A. Imprisonment
B. Restraint
C. Arrest
D. Detention
(Rule 113 – Arrest)
ARREST
Arrest is the taking of a person into custody
in order that he may be bound to answer for the
commission of an offense.
How An Arrest Is Made?
An arrest is made by an actual restraint of a
person to be arrested, or by his submission to the
custody of the person making the arrest.
NO VIOLENCE OR UNNECESSARY FORCE shall
be used in making an arrest. The person arrested
shall not be subjected to a greater restraint than is
necessary for his detention.
Q. The warrant of arrest is good only for . .
A. 10 days
B. 15 days
C. 20 days
D. None of These *
Time of Making An Arrest
An arrest may be made on any day and
at any time of the day or night.
WITHIN WHAT PERIOD MUST A
WARRANT OF ARREST BE SERVED?
- There is no limitation of period.
- A warrant of arrest is valid until the arrest is
effected or the warrant lifted.
- The head of office to whom the warrant was
delivered must cause it to be executed within 10
days from its receipt, and the officer to whom it
is assigned must make a report to the judge who
issued the warrant within 10days from the
expiration of the period. If he fails to execute it,
he should state the reasons therefore.
ALIAS
WHAT IS THE LIFETIME OF A WARRANT OF ARREST?

A warrant of arrest remains valid

until the arrest is effected or the
warrant lifted.

TO VALIDLY EFFECT ARREST, MUST THE OFFICER HAVE

IN HIS POSSESSION THE WARRANT OF ARREST?

Police officers may effect arrest

without the warrant in their possession at
the time of the arrest.
Q. An arresting officer has the following
authority except…
A. Summon Assistance
B. Break into the Building or Enclosure
C. Break Out of the Building
D. Employ the Necessary Force, If there is
Resistance
Q. The officer, if refused admittance to the place
of directed search after giving notice of its
purpose and authority, may break open any
outer or inner door or window of a house or
anything therein to execute the warrant or
liberate himself or any person lawfully aiding
him when unlawfully detained is called. . .
A. Raid and Seizure Rule
B. Knock and Announce Rule
C. Ingress and Egress Rule
D. Arrest and Search Rule *Sec 6, Rule 126
Q. A search warrant by a judge shall be
valid for ___ days from its date.
Thereafter, it shall be void.
A. 10
B. 20
C. 15
D. 30
Q. An examination of an individual’s person,
houses, or effects or a building, or
premises with the purpose of discovering
contraband's or personal properties
connected in a crime.
A. Search
B. Raid
C. Investigation
D. Seizure
VALID SEARCHES AND SEIZURES WITHOUT SEARCH WARRANT

1. Search Made Incidental to a Lawful or Valid Arrest

2. Search of Moving Vehicles
3. Seizure of Concealed Goods to Avoid Fees and Duties
4. Seizure of Evidence in Plain View (Plainview Doctrine)
5. Waiver against Unreasonable Search and Seizure or
when the Search is Consented
6. Exigent and Emergency Circumstances
7. Search Conducted By Coast Guard Or Maritime Patrol
8. Search Conducted By Uniformed Security Guards
9. Stop and Frisk
Q. X was transporting illegal drugs, when a check
point was conducted, he is sweating heavily,
and his hands are shaking, because of his
actions, the police is suspicious of him and
decide to search him. Recovered in X
possession are the illegal drugs. What do
you call the search? Is the search valid?
A. Stop and Frisk
B. Search Incidental to Lawful Arrest
C. Search in Plainview
D. Search of Moving Vehicles
Q. You are driving and are stopped by police
because you were speeding. You are clearly
not impaired by drugs or alcohol, yet the
police ask to search your vehicle. You politely
refuse to grant consent, yet the search is done
anyway and the police find a 10 sticks of
marijuana in the trunk of your car. Can the
police file charges against you?
A. Yes, because its an illegal drug.
B. No, it’s a fruit of a poisonous tree.
C. Yes, it’s the duty of the police.
D. No, there is no witness.
Silverthorne Lumber Co. v. United States,
251 U.S. 385 (1920), was a U.S. Supreme Court Case in
which Silverthorne attempted to evade paying taxes.
Federal agents illegally seized tax books from
Silverthorne and created copies of the records. The
issue in this case is whether or not derivatives of
illegal evidence are permissible in court. The ruling,
was that the illegal copied evidence was held tainted
and inadmissible. This precedent later became known
as the "FRUIT OF THE POISONOUS TREE DOCTRINE"
“Any evidence gathered as a result of an illegal search,
even at a time later than the illegal search itself, will
be excluded from evidence.”
Q. The police conducted an illegal search of Rey’s
home and find a map showing the location
of a well-hidden, remotely located outdoor
marijuana field. The police go to the field
and seize the marijuana. Is it admissible as
evidence?
A. Yes C. Possibly
B. No D. May Be
Under the doctrine of "fruit of the poisonous
tree," the marijuana will be excluded as evidence
in the case against Rey as it stemmed directly from
an illegal search.
Mapp v. Ohio, 367 U.S. 643 (1961), was
a landmark case in criminal procedure, in which
the United States Supreme Court decided that
evidence obtained in violation of the *Fourth
Amendment, which protects against
"UNREASONABLE SEARCHES AND SEIZURES"
may not be used in state law criminal
prosecutions in state courts, as well as in federal
criminal law prosecutions in federal courts as had
previously been the law.
72. Direct assault is a crime against persons in
authority. The following are considered to
be persons in authority, except…
A. Police Officer 1
B. Retired Barangay Captain
C. Professor/Teacher
D. Lawyers
CRIMES AGAINST PERSONS IN
AUTHORITY AND THEIR AGENTS

THEY INCLUDE:

1. Direct Assault;

2. Indirect Assault;

3. Resistance and Disobedience, and;

4. Disobedience to Summons of Congress

and Constitutional Commissions.
DISTINCTIONS BETWEEN:

1. Public Officer - any person who takes part in

the performance of public functions in the government
(Art. 203).

2. Person in Authority (PIA) - one who is directly

vested with jurisdiction to execute or enforce the laws.

3. Agent (APIA) - one who is generally charged

with the maintenance of peace and order and the
protection and security of life and property.

Hence, a Public Officer is not necessarily a PIA

or APIA but the latter are always public officers.
1. The following are PIAs (Person in Authority):
a). Any person directly vested with jurisdiction (ex. has
the power to govern, execute the laws and administer justice).
b). Teachers, professors and persons charged with the
supervision of public or duly recognized private schools,
colleges and universities. They must be within the school
premises during school hours or are actually performing the
tasks outside the school premises.
c). Lawyers in the actual performance of their
professional duties or on the occasion of such performance
*Note: Teachers and Lawyers are PIAs only for purposes of Direct Assault
and Resistance and Disobedience but not for purposes of Indirect
Assault
d). Under the Local Government Code: (1) the Punong
Barangay, (2) Sanguniang Barangay members and (3)
members of the Lupong Tagapamayapa.
2. The following are APIAS (Agents of Person in Authority):
a. Those who, by direct provision of law, or by election
or by appointment, are charged with the maintenance of public
order and the protection of life and property (AGENTS
PROPER) such as :
(i). Law Enforcement Agents such as the PNP and the
NBI irrespective of their rank.
(ii). Barangay Tanods
(iii).Municipal treasurer being the agent of the provincial
treasurer

(iv). The postmaster being the agent of the Director of

Posts
(v). But Members of the AFP are not included
b. Any person who comes to the aid of PIAs who is under
direct assault. ( AGENTS BY ASSISTANCE)
*Note: If a teacher or lawyer is the person who comes to the assistance
of the PIA, then he is considered as an APIA.

3. Thus, PRIVATE PERSONS may be victims but to a limited

extent:
(a) when they are considered by law as PIAs or APIAs
APIAs such as teachers and lawyers
(b) and, those who come to the aid of PIAs

*The accused must know the victim is a PIA/APIA which fact must be
alleged in the Information. There must be a clear intent on the part of the
accused to defy the authorities, to offend, injure or assault the victim as
a PIA/APIA.
Q. If a Muslim husband with several
wives killed his second wife what
crime is committed?
A. Homicide
B. Murder
C. Parricide
D. Second Degree Murder
HOMICIDE INVESTIGATION
- a generic term which includes murder, parricide
or any death wherein the cause of it is vague, doubtful
or suspicious.
•Article 246 - Parricide
•Article 248 – Murder
•Article 249 - Homicide

* Investigation Process (importance aspect to consider)

.Time
.Places
.Persons
.Things
Q. Which of the following crimes can be
absorbed in the commission of the
crime of rebellion?

A. Murder
B. Illegal Possession of Firearm
C. Grave Threat
D. All of the Above
Q. In criminal investigation, apprehension and
prosecution, which one is not included in
in criminal procedure?

A. method prescribed by law

B. for the apprehension and prosecution
C. of persons accused of any criminal offense
D. for their punishment, in case of conviction
E. for the reparation and indemnification of
the victim/s
Q. Preponderance of evidence is the
weight and sufficiency of evidence
needed to convict a person in . . .
A. Murder Cases
B. Civil Cases
C. Criminal Cases
D. Administrative Cases
E. None of the Choices
Q. The following are authorized to issue
a valid search warrant, except. . .
A. Appellate Judge
B. Executive Judge of RTC
C. Chief Prosecutor
D. Presiding RTC Judge
Q. What part of the investigation report
that gives a brief summary of the
major investigative steps accomplished?
A. Details
B. Synopsis
C. Undeveloped
D. Conclusions
Q. The defense of the suspect that he was
present in a place other than the crime
scene during the estimated time when
the crime was committed is called. . .
A. Defense
B. Allegation
C. Alibi
D. Statement
Q. A part of the investigative process
wherein an investigator must apply both
his deductive and inductive reasoning.
A. Draw Conclusions
*
B. Assessment
C. Collating of Information
D. Interpret Data
Q. America’s most famous private
investigator and believed to be the
founder of Criminal Investigation.
Englishman who advocated the
A. Hans Gross use of scientific methods in
criminal investigation process.
B. Allan Pinkerton
Built up a book of photographs
of criminals, which we called
C. Thomas Byrnes now as "Rogues Gallery”.

D. Kate Wayne The first woman detective in the

history of criminal investigation
who worked in Allan Pinkerton's
detective agency.
Prior to the American Civil War in 1861,
Allan Pinkerton developed several investigative
techniques that still use today by our law
enforcement unit. Among them are "shadowing"
(SURVEILLANCE of a suspect) and "assuming a
role" (UNDERCOVER WORK).
At the time of his death, he was working on
a system to centralize all criminal identification
records, a database now maintained by
the Federal Bureau of Investigation. After his
death, he was inducted as member of
the Military Intelligence Hall of Fame.
Q. It is a determination to do a certain
thing, an aim, a purpose of the mind.
It is revealed by the overt acts of the
offender and it is presumed from the
commission of an unlawful act.
A. Will Power
B. Motive
C. Determination
D. Intent
DISTINCTION

INTENT MOTIVE
1. Purpose to use 1.Impelling reason
particular means
2. Element in a crime 2. Not element
1. Always essential in 3.Essential only when
intentional felonies identity of the
perpetrator is in doubt.
TWO (2) KINDS OF INTENT
1. GENERAL INTENT is presumed.
Ex. Intent to betray in treason, intent to gain in crimes
against property intent to kill in killing and lewd
design in crimes against chastity.

2. SPECIFIC INTENT must be proved as it is an

element of a felony.
*The presumption of criminal intent may arise from the
proof of the criminal act and it is for the accused to rebut
this presumption.
Ex. Intent to kill is difficult to prove, being a mental act.
But it can be deduce from the external act done.
Q. January was forced to sign a document
concerning an agreement of settlement with
Iris in their dispute in the presence of Iris
friend, PO3 Balot. January was physically
threatened against his life if she will not sign
it. In this situation, January was under the
state of . . .
A. Obligation
B. Cease
C. Point of Non-Refusal
D. Duress
Q. The wrongful use of property such as loud
noise, and obnoxious smell that hurts
the ability of neighbors to live and enjoy
peacefully, are considered as . . .
A. Scandal
B. Disgrace
C. Nuisance
D. Unjust Vexation
Q. Joan use to passed at a narrow alley en route
to her office where Mark habitually teased
her that she is the most gifted woman on
earth having a well-rounded and big chest.
What possible complaint can be filed
against Mark, if there is any?
A. None, it’s only a verbal tease.
B. Stalking
C. Nuisance
D. Scandal
E. Unjust Vexation
Article 287, par 2 of RPC - UNJUST VEXATION

•is broad enough to include any human conduct

which although not productive of some
physical or material harm, would unjustifiably
annoy or irritate an innocent person.
(PP vs Gozum, Court Appeals 54 O.G. 7409)

•is equated with anything that annoys or irritates

another without justification.
(PP vs Motita, Court Appeals 59 O.G. 3020)
Q. Conspiracy is present in the following
when two or more persons come to
an agreement concerning commission
of felony and decide to commit it,
except. . .
A. Treason;
B. Rebellion;
C. Sedition
D. Tumultuous Affray
Q. The following are the essential elements
of Qualified Theft, except..
A. The offended party trusted the offender
B. The offender abused such trust
C. The offender trick the offended party
D. Such abuse facilitated the commission
of the crime
Q. This investigation is so complex and
sensitive that even requires a special
breed and well-skilled investigators with
special training in handling this type of
case.
A. High Profile Investigation
*
B. Sensational Case Investigation
C. Sex Crimes Investigation
D. Major Investigation
SEX CRIMES INVESTIGATION
- the complexities and sensitivity of the case,
requires a special breed and well-skilled investigators with
special training.
*Republic Act 8353 (Anti Rape Law of 1997)
- it introduces new features:
a. a wife may charge her husband (marital rape);
b. victim is no longer limited to females, the injured
party maybe male;
c. insertion of any object / penis into the mouth,
genitals or anal orifice of another person already
constitute rape.
RESCUE OF MINORS
REPUBLIC ACT 9262 – Anti-Violence against Women
and their Children Act of 2004

REPUBLIC ACT 7610 – Special Protection of Children

against Child Abuse, Exploitation and
Discrimination Act of 1992
- Common Cases/Problems in RA 7610:
a. minor using birth certificates
b. wrong advice to minors by parents
c. uncooperative parents or guardian
d. alleviation from economic hardship
e. sustenance of daily of provisions
INVESTIGATIVE PROCEDURES:
Police can conduct rescue operations when complaint
is filed by any of the following person/s:
a. Offended party
b. Parents or guardian
c. Ascendant or collateral relative within the 3rd degree
d. Social Worker of DSWD
e. Barangay Chairman
f. Representative/s of licensed child-caring institution
g. Responsible person/s or citizen/s (at least 3) in the
where the violation occurred.
Q. It may be a self-incriminatory
statement by the subject falling short
of an acknowledgement of guilt or have
some essential part of the commission
of the criminal act.
A. Admission
B. Confession
C. Deposition
D. Accusation
DISTINCTION

CONFESSION ADMISSION
A confession is an An admission is an
acknowledgement by a acknowledgement by the
suspect that he/she has suspect of certain facts that
committed a crime including tend to incriminate him/her
all the elements of the crime with respect to a particular
and his account of how crime, but which are not
he/she actually planned and sufficiently complete to
committed the crime. constitute a confession.
Q. Any person who with intent to gain, shall
take any personal property belonging to
another, by means of violence against of
any persons, or force upon things is guilty
of . . .
A. Malicious Mischief (Art 327)
*
B. Robbery (Art 293)
C. Theft (Art 308)
D. Qualified Theft (Art 310)
ROBBERY (Article 293 RPC) THEFT (Article 308 RPC)
Intent to gain Intent to gain
Property belong to another Property belong to another
Without the owner’s consent Without the owner’s
or will consent or will
BY MEANS OF violence WITHOUT violence against
against or intimidation of any or intimidation of any
person, or using force upon person, or using force
things upon things

Q. Can a ROBBERY BE COMMITTED WITHOUT

violence against or intimidation of any
person, or using force upon things?
Q. Peter the warehouse owner left and ask Jose
to oversee the worker for the moment. Peter
unknowingly dropped his office key. Jose saw
it but did not bother on telling Peter. When
Peter left, Jose grab the key and went straight
to the office of Peter, opened it by using the
said key and took Peter’s money at the drawer.
A. Malicious Mischief *
B. Robbery
C. Theft
D. Qualified Theft
ART. 302 (RPC) - ROBBERY IN AN UNINHABITED PLACE
OR IN A PRIVATE BUILDING.
Elements:
1. offender entered an uninhabited place or a building
which was not a dwelling house, not a public building;
2. that any of the following circumstances was present:
(Paragraph Letter C)
“ c. If the entrance has been effected through the use of
false keys, picklocks or other similar tools.”

ART. 305 (RPC) FALSE KEYS. — The term "false keys" shall
be deemed to include:
(Paragraph No.2)
“2. Genuine keys stolen from the owner.”
Q. X and Y represented themselves as undercover
agents to Mr. Lu, a grocery owner, by
displaying their badges similar to those worn
by police officers and once inside, took the
money of Mr. Lu.

A. Usurpation of Authority
B. Theft
C. Robbery
D. Illegal Use of Name
Article 299 of RPC – Robbery in an inhabited house
or public building or edifice devoted to worship.
Any armed person who shall commit robbery
in an inhabited house or public building or edifice
devoted to worship. . . .
(a) The malefactors shall enter the house or
building in which the robbery is committed, by any
of the following means:
no. 4. By using fictitious name or pretending
the exercise of public authority.
Q. Robert merely inserted his hand through an
opening in the house wall of his friend Carl
and used a pole through the window to get
the branded clothes inside the room while he
remained outside the house. What crime is
committed?
A.Robbery
B.Qualified Theft
C.Theft
D.Estafa/Swindling
ARSON INVESTIGATION
ARSON is covered by Article 320 to 326 of the RPC
Elements:
a. Actual burning
b. Actual burning is done with malicious intent
c. The actual burning is done by person/s (criminally liable)
Sec 4 of PD 1613 (Amending the Law on Arson)
Special Aggravating Circumstances:
a. If committed with intent to gain
b. If committed for the benefit of another
c. If the offender is motivated by spite or hatred toward
the owner or occupant of the property burned
d. If committed by a syndicate
(*syndicate if it is planned or carried out by a group
of three or more persons)
Common Motives in Arson:
a. Fraud
b. Spite, vengeance or hatred
c. Cover up or to conceal a crime
d. Vandalism/riots
e. Juvenile delinquency
f. Pyromania
Q. A group of more than three armed
men flagged down a private vehicle in
a highway for the purpose of extortion
attained by means of force and violence.
What crime is committed?
A. Robbery In Band
*
B. Brigandage
C. Robbery Extortion
D. Hijacking
DISTINCTION
BRIGANDAGE ROBBERY IN BAND
1. Purpose: to commit 1. Purpose: to commit
robbery in highways, or to robbery not necessarily in
kidnap person for extortion highway
or ransom or any other
purpose attained by force
and violence
2. Agreement to commit 2. Agreement to commit a
several robberies under particular robbery
purpose mentioned
3. Mere formation is 3. actual commission of
punished robbery needed
Q. Peter called Jane, a rich businesswoman engage
in retail of RTW items that if she will not give
the protection money Peter’s group had asked
for, they will robbed all the store and the transit
of their money/cash collection. Is there a crime
committed?
A. None *
B. No Crime Committed
C. Yes
D. Not Consummated
DISTINCTION

ROBBERY GRAVE THREATS

1. The intimidation is 1. The intimidation is
actual and immediate. future and conditional.
2. The intimidation is 2. The intimidation maybe
personal through a intermediary.
3. Robbery refers to 3. Threat refers to person,
personal property honor or property.
Q. Physical violence or moral pressure is
exerted upon a person in a manner that
is determined and constant until the
unlawful purpose is realized. What
crime is committed?
A. Threats
B. Coercion
C. Slander
D. Robbery
Q. It is a place where the persons inhabits.
It is not necessary that it be permanent
dwelling of a person. It includes a room
in a hotel or room in house where one is
a boarder.
A. Residence
B. Home
C. Dwelling
D. Boarding House
Q. Pedro entered the house of Maria through
the unlock main door while she was at her
bedroom sleeping but Maria was not in
position to prohibit such entry since she
was sleeping. Is there a violation of law?
A. Unjust Vexation
B. Trespass to Dwelling
*
C. Stalking
D. Voyeurism
DISTINCTION
TRESPASS TO DWELLING OTHER FORMS OF TRESPASS
1. Offender is a private 1. Any person
person
2. Offender enters a 2. Enters closed premises or
dwelling house fence estate
3. Place entered is 3. Uninhabited
inhabited
4. Entrance against will of 4. Entrance without
owner permission
5. Prohibition is expressed 5. Prohibition must be
or implied manifested
Q. Balot enters the house of Jan with
permission but refuses to leave
despite the demand of the owner, Jan.
Did Balot committed a crime?

A. No
B. Yes
C. May Be No
D. Partially Yes
Q. The estate is not fenced or there is no
clear prohibition against entering of
the same.
A. Loitering
B. Trespass to Property
C. Attempted Theft
D. Vagrancy
Q. P03 Balot accept gift in consideration
of not serving the warrant of arrest for
slander against Willy, a 70 years old
vendor out of pity and humanitarian
consideration. Is there a crime committed?
A. None, its just a favor
*
B. Indirect Bribery
C. Direct Bribery
D. Qualified Bribery
DIRECT BRIBERY INDIRECT BRIBERY QUALIFIED BRIBERY
(Art. 210) (Art. 211) (Art. 211–A)

Any public officer who Any public officer If any public officer is
shall agree to perform who shall accept entrusted with law
an act constituting a gifts offered to him enforcement and he
crime, in connection by reason of his refrains from arresting
with the performance office. or prosecuting an
of his official duties, in offender who has
consideration of any committed a crime.
offer, promise, gift or
present received by
such officer, personally
or through the
mediation of another.
56. The following are crimes committed
by Public Officer, except..

A. Misfeasance
B. Malfeasance
*
C. Nonfeasance
D. Nuisance
DISTINCTION

MISFEASANCE MALFEASANCE NONFEASANCE

Improper Performance Omission of
performance of of an act which some act which
some act which ought not to be ought to be
might lawfully done. done.
be done.
Q. X left his belongings at his room to take a
pee, Z sneak X room and grab the mobile
phone but before Z could leave X returned
to his room and saw Z carrying his phone.
Z panic left the phone and ran. What offense
was a committed by Z?
A. Robbery (Art 293)
B. Theft (Art 308)
C. Qualified Theft (Art 310)
D. None / No Case
ASPORTATION
- the carrying away or moving the personal
property of another. It does not matter how
short the distance or slight the movement
as long as the person who carries away or
moves the property is knowingly and
intentionally exercising control of the
property without the consent and to the
exclusion of the rights of the owner.
Q. Mr. B has been working at TT Bakery for 10
years. One day, he woke up feeling weak,
believing that eating a raw egg with fresh
milk will energize him, he took one from the
fridge but before he was able consume it
all, the owner Mr. Insik saw him and got
irked, ordered the guard to arrest him.
What offense was committed by Mr. B?
A. Malicious Mischief (Art 327)
B. Swindling/Estafa (Art 315)
C. Theft (Art 308)
D. Qualified Theft (Art 310)
Q. A and B are business partners in a lending
company. When A left for abroad, B took
advantage of the situation, he used and
divested some company property to his favor
without the consent or will of A. What
offense was committed by B, if there is?
A. Theft (Art 308)
B. Qualified Theft (Art 310)
C. Swindling/Estafa (Art 315)
D. Robbery (Art 293)
Q. A taxi driver pick up a commercial sex worker
and contracted the same to have sex but
after their sexual contact, the taxi driver left
and paid nothing to the lady. The sex worker
went to police station to file a complaint.
What charge or violation can be filed?
A. Rape (RA 8353)
B. Grave Coercion (Art 286)
C. Swindling / Estafa (Art 315)
D. Violation of RA 9262
E. No Case Can Be Filed, Its An Agreement.
Q. The cleaning or repairing of the whole
engine of a motor vehicle by separating
the motor engine and its parts from
the body of the motor vehicle.
A. Body-Building
B. Overhauling
C. Remodelling
D. Dismantling
Q. This tool is oftentimes use by car thieves or
carnapper in forcibly opening a locked door
and a tool that helps to pull bearings and
bolts out of vehicles, parts that are hard to
pull in the car.
A. Screw Driver
B. Special Picking Tools
C. Plier
D. Slide Hammer (Dent or Slam Puller)
SLIDE HAMMER (Dent or Slam Puller) is not a hammer,
but is a tool that helps to pull bearings and bolts out of
vehicles, parts that are hard to pull in the car. The
hammer also helps to fix car dents. The handle, weight,
the nut, screw and the thread are the basic parts of a
slide hammer. The handle features a rubberized grip that
lowers the chances of slipping.
Vehicle Information Number (VIN)
Where To Find The VIN? *
Q. This feature allows the investigator to
make or enter information that can
make the suspect look older or
younger by using a computer-generated
sketch.
A. Sketching A Person
B. Rouge’s Gallery
C. Photo Array
D. Aging A Person
Q. ____________ is a law enforcement
illustration aid and feature commonly
used for the purpose of locating
kidnapped children or missing person.
A. Cartographic Sketch
B. Computer Generated Sketch *
C. Aging A Person
D. Sketching A Person
If a teenager in his 20’s, inexplicably gone or
reported missing, the computer can age the
teenager’s photograph to give a good likeness of
what the teenager should look like. As seen or
portrayed below.

AGING A PERSON
Q. What is Republic Act No. 9208 known
for?
A. Anti-Trafficking in Persons Act
B. Human Security Act
C. Anti-Drug Abuse Campaign Act
D. Comprehensive Dangerous Drugs Act
Q. Because of the grudge against B, A killed
B. When A was about to leave he saw
that B was wearing a watch and ring,
So, A took them. What crime did A
commit?
A. Murder
B. Robbery with Homicide
C. Murder and Theft
D. None of These
Q. A demanded money from B and warn
him that if B will not give him the amount,
A will expose to the public that B is a
“gay”. What crime if any did A commit?
A. Light Coercion
B. Grave Threats
C. Light Threats
D. Not Criminally Liable
Q. In kidnapping and serious illegal detention,
is it necessary that the victim tied or placed
inside the cell and locked-up?

A. Yes, it is required by law

B. No, for as long as he was deprived of his
liberty
C. No, for as long as his freedom of action is
restricted
D. Both B and C are correct
Q. It is an identification established indirectly
by proving other facts or circumstances
from which, either alone or in connection
with other facts, the identity of the
perpetrator can be inferred.
A. Corroborative Circumstances
B. Circumstantial Evidence
C. Substantial Evidence
D. Prima Facie Case
Q. The following are the requisites to warrant
circumstantial evidence, except one…

A.There is more than one circumstances.

B.The facts from which the inferences are derived
are proven.
C. The combination of all circumstances enough
to produce conviction.
D. Enough to substantiate physical evidence.
When May Circumstantial Evidence Be
Sufficient To Produce Conviction:

1.When there are more than one

circumstances;
2.When the facts from which the inferences
derived are proven;
3.When the combination of all the
circumstances is such as to produce a
conviction beyond a reasonable doubt.
Q. A successful Criminal Investigator must
have a thorough working knowledge of
criminal law and familiarity of other
applicable laws of any case (at hand) in
order to be effective.
A. Legal Background
B. Legal Knowledge
C. Legal Education
D. All of the Choices
Q. ___________as evidence cannot lie and
are not affected by emotions, tricks or
motive.
A. Opinion
B. Testimony
C. Things
D. Motive
Q. In investigation the five “Ws” and one “H”
are essential elements and considered the
_______ points in gathering information.
A. Necessary
B. Crucial
C. Cardinal
D. Required
Q. Motive need not be shown to obtain
conviction but _________ must always
be proved where it is an element of
the offense.
A. Evidence
B. Treachery
C. Intent
D. Guilt
Q. Usually evidence left at the scene, traces of
unusual tool marks, inconsequential
items like owned or used by the
suspect/s.
A. Physical Evidence
B. Peculiarities
C. Trace Evidence
D. Circumstantial Evidence
Q. It is the knowledge or facts which the
investigator had gathered or acquired
from person or documents which is
pertinent or relevant to the commission
of a crime or criminal activities.
A. Information
B. Inquiry
C. Instrumentation
D. Field Inquiry
Q. Those wounds found on the forearms or
palms of a person living or dead. These
wounds are inflicted while the victim
instinctively raises his arms to protect
himself during the attack.
A. Survival Injuries
B. Defense Wounds
C. Lacerated Wounds
D. Incised Wounds
Q. Most people observe things and occurrences
in a much different manner than a trained
police officer. A police officer or criminal
investigator will often see things in a much
different light than the ordinary person.

A. Keen Observation
B. Noticing Details
C. Curiosity on Facts
D. Attention to Details
Q. In crime scene processing, investigator must
consider all physical evidence in the scene
including persons in the area. He must
develop and know the components of a
good observation skills. Which one is not
the components of such skill?
A. Noticing Details
B. Concentration
C. Techniques
D. Attitude
COMPONENTS OF OBSERVATION SKILLS

J9
CONCENTRATING
DRAW
CONCLUSIONS

OBSERVATION
SKILLS
The underlying characteristic of
a good investigator is being
“METICULOUS & CURIOUS”
There is MUCH TO SEE
and much can be
LEARNED BY OBSERVING.

*
Q. Which of the following is exempted
from criminal liability?

A. Moron
B. Imbecile
C. Insane
D. All of the Above
Q. Which one of the following does
not belong to the group?

A. Intent
B. Imprudence
C. Negligence
D. Lack of Skill
Q. Which of the following terms means
resorting to any device to conceal
identity?

A. Fraud
B. Disguise
C. Craft
D. Knowledge
Q. Which of these is NOT a requisite of
“avoidance of greater evil or injury”?
A. That there be no practical means.
B. That the evil sought to be avoided actually
exists.
C. That the injury feared be greater than the
injury done to avoid it.
D. That the means used to avoid the injury
is lawful.
Q. A victim mortally wounded by the accused
who stabbed him in the abdomen, fortunately
did not die due timely medical attendance.
What stage of felony is committed, if there is
any?

A. Frustrated
B. Consummated
C. Attempted
D. No Crime At All
Q. In rape, there is a touch of the penis in
the labia of the vagina of the victim but
no insertion. What is the stage of felony
committed?
A. Frustrated
B. Consummated
C. Attempted
D. Consented
Q. The most important requisites of self-
defense is:
A. Reasonable Necessity of the Means Employed
to Prevent or Repel the Attack
B. Lack of Sufficient Provocation on the Part of
the Person Defending Himself
C. Unlawful Aggression
D. Superior Strength
Q. If the captain of a vessel throw away the
cargo to prevent the vessel and the crew
from drowning. The act of the captain is
justified as act of:
A. Self-Defense
B. Defense of Relatives
C. Defense of Stranger
D. State of Necessity
Q. Accused, wanted for robbery was
cornered by authorities so he decided
to give himself up, accused can be given
a mitigating circumstances of :
A. Plea of Guilty
B. Sufficient Provocation
C. Voluntary Surrender
D. None of the Above
Q. If a person killed another, not knowing
that the latter was his son, will he be
guilty of parricide?
A. No, but liable for murder
B. No, because of error in personae but liable
for murder
C. Yes, because of their relationship
D. both A and B are correct
Q. A person is found dead with wounds in
the back, neck and other parts of the
body. What is the crime committed?

A. Homicide
B. Terrorism
C. Murder
D. Accidental Murder
Q. A vice mayor has been courting his secretary
but the secretary always turned down and
avoided him. When they were alone in one
(1) afternoon, he locked the secretary inside
their office. About an hour had passed the
secretary started crying so he opened the
door and allowed the secretary to go home.
What crime is committed?
A. Arbitrary Detention
B. Illegal Detention
C. Attempted Arbitrary Detention
D. Attempted Illegal Detention
Q. It is the reduction in body temperature
following death. This is generally a steady
decline until matching temperature,
although external factors can have a
significant influence.
A. Rigor Mortis
B. Algor Mortis
C. Livor Mortis
D. Abgor Mortis
* Time of Death Estimates
ALGOR MORTIS (body cooling)
factors: body temperature at the time of
death.
- body size (fat slower / child faster)
- clothing or covering
- environmental temperature (wind,
high humidity increase evaporation
of water and will hasten the
cooling)
- immersion in water (good conductor)
Q. It is one of the recognizable signs of
death that is caused by a chemical change
in the muscles after death, causing the
limbs of the corpse to become stiff.
A. Rigor Mortis
B. Algor Mortis
C. Livor Mortis
D. Abgor Mortis
RIGOR MORTIS (stiffening of muscle tissue)
- can be noticed in small muscles first
. detected within 2 to 4 hours
. completed within 6 to 12 hours
. remains for 12 to 18 hours
. begins to leave within 24 to 36 hours
. gone by 40 to 60 hours
- there are or have been cases wherein rigor
mortis was gone in 9 to 12 hours or remained for
45 to 60 hours. The body’s muscles may contract
in seemingly random and bizarre ways even
though the body is dead.
Q. It is the setting of blood in the lower
portion of the body, causing a purplish
red discoloration of the skin, when the
heart is no longer agitating the blood,
heavy red blood cells sink through the
serum by action of gravity.
A. Rigor Mortis
B. Algor Mortis
C. Livor Mortis
D. Abgor Mortis
LIVOR MORTIS (Postmortem Lividity)
- the rate of development and the presence
or absence of livor mortis can be used as a
means of determining an approximate time of
death. This discoloration does not occur in the
areas of the body that are in contact with the
ground or another object, as the capillaries are
compressed.
. Visible – ½ to 4 Hours
. Well-Developed – 3 to 4 Hours
. Maximum – 8 to 12 Hours
Q. Criminal Investigator often find essential
evidence or solved cases based on intuition
but sometimes intuition is defeated by
some different thought. Which one is
not included?
A. Denial
B. Justification
C. Rationalization
D. Instinct
Q. In questioning a witness or taking a sworn
affidavit, an ideal way or type of written
statement is the:

A. Narrative because it is easier and will be short

B. Question and answer because it provides
detail of facts
C. Combination of A and B
D. Apply our own type of written statement
Q. During a quarrel on a crowded city street in
Davao City, one man stabs another and flees.
A policeman later arrived at the scene finds
the victim breathing but unconscious, calls for
an ambulance and orders the crowd to leave.
The police action is. . .
A. Wrong! There may have been witnesses to the
assault among the crowd.
B. Good! It is proper first aid procedure to give an
injured person room and air.
C. Wrong! The assailant is probably among the crowd.
D. Good! A crowd may destroy needed evidence.
VALID SEARCHES AND SEIZURES
WITHOUT SEARCH WARRANT
Search Made Incidental to a Lawful or Valid Arrest

“An officer making a lawful arrest by virtue

of a warrant or under the doctrine of warrantless
arrest may take from the person arrested any money
or property found upon his person which was used in
the commission of the crime or was the fruit of the
crime or which might furnish the prisoner with the
means of committing violence or escaping, or which
may be used in evidence in the trial of the case.”
(Moreno Vs. Ago Chi, 12 Phil 439, 422 /1909)
Search of Moving Vehicles
“The guaranty of freedom from unreasonable
searches and seizures is construed as recognizing a
necessary difference between a search of a
dwelling, house or other structure in respect of
which a search warrant may readily be obtained
and a search of a ship, motorboat, wagon, or
automobile for contrabands goods, where it is not
practicable to secure a warrant, because the
vehicle can be quickly moved out of the locality or
jurisdiction in which the warrant must be sought.“
(Carroll Vs. United States, 267 U.S. 132,153 /1925)
Seizure of Concealed Goods to
Avoid Fees and Duties
This is also commonly known as Customs Search.
(Uykheytin Vs Villareal, 116 U.S. 746 (1886); Papa
Vs Mago, 22 SCRA 857 ( February 28, 1968); Pacis
Vs Pamaran, 56 SCRA 16 (March 15, 1974).

Seizure of Evidence in Plain View

(Plainview Doctrine)
“Any object falling in the plain view are subject to
seizure and may be introduced as evidence.”
(Harris Vs United States, 390 U.S. 234, 236 /1968)
Waiver against Unreasonable Search and Seizure
or when the Search is Consented
“It is well-settled that to constitute a waiver of a
constitutional right, it must appear, first that the
right exists; secondly, that the person involved had
knowledge, either actual or constructive, of the
existence of such right; lastly, that said person had
an actual intention to relinquish the right.”
Thus, where accused has voluntarily surrender
his gun, he cannot claim illegality of the seizure.
(People Vs. Agbot, 106 SCRA 325, 331 (L-376541, July
31,1981), De Garcia Vs. Locsin, 65 Phil. 689, 694-5 (1938)
Exigent and Emergency Circumstances
(People of the Philippines Vs. Nelida Dequina,
Joselito Jundoc and Nora Jingabo, G.R. No.
177570, January 19. 2011).

Search Conducted By Coast Guard

Or Maritime Patrol
on foreign vessels illegally entering Philippine
Territorial Waters including local vessels or
watercraft engage in illegal activities.
Search Conducted By Uniformed Security Guards
to people and/or baggage’s prior entry to private
building and/or public establishment where public
safety and health is strictly enforced.

Stop and Frisk

The frisk and search of a person is permissible
precautionary measures to protect the officer
from such person who might be armed with a
dangerous weapon. (People vs. Gerente, 219 SCRA
756).