Republic of the Philippines

State Colleges and Universities

GUIMARAS STATE COLLEGE
McLain, Buenavista, Guimaras

CDI 3 – Specialized Crime Investigation 2 with Simulation on Interrogation & Interview

Prepared by: Instr. Paul L. Palma, RCrim

Learning Objectives of the Course

At the end of the course, the student must be able to:

1. Review the terms and other relevant topics in Criminal Investigation and Understand the Nature,
Modus Operandi, Concepts, and Typologies of Organized and Transnational Crimes

2. Explain, use and organize the principles, techniques, methods, and legal requirements of the Crime
Scene search for each Crime falling under Crime Against Property of the Revised Penal Code and relevant
Special Penal Laws;

3. Examine, carryout and organize the evidence, testimony, and documents required to prepare and
processes in the filing of cases for each specific crime falling under Crimes Against Property of the Revised Penal
Code and relevant Special Penal Laws

4. Discuss the Confession, Extra-Judicial Confession, and Admission, Extra-Judicial Admission and the
Legal requirements.

5. Explain, use and understand the principles, techniques, methods, types, kinds, and legal requirements
of the following: Interview; Interrogation; Sign of deception; kinds, types and characteristics of subjects under
Interrogation or Interview.

6. The progression from interviewing to questioning to interrogating, and how this progression relates to
investigative practices.

7. Engage in lifelong learning and understanding of the need to keep abreast on the developments in the
field of Special Crime Investigation.

Subject Overview:

This course provides basic knowledge and practice in line with the investigation of cases committed by organized
criminal group, the nature of transnational and their attributes and categories. It also includes international and
local organized crime groups. Likewise, organize the principles, techniques, methods, and legal requirements of
the Crime Scene search for each Crime falling under Crime Against Property of the Revised Penal Code and
relevant Special Penal Laws. Lastly, it focuses on Interrogation and Interview as well as the rights of the accused
during custodial investigation.

Lesson 1

Terms to review in Criminal Investigation

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

Legally, the Rules of Court (Section 1, Rule 13) define arrest as the taking of a person into the custody of law
in order that he may be bound to answer for the commission of an offense.

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Warrant of Arrest - is a document from court ordering and directing any law enforcer to apprehend and detain
any person whose name will appear in the warrant for him to answer matters regarding the commission of a
crime.

Warrantless Arrest is defined as an arrest made by any law enforcement without the benefit of a warrant.

Search is a form of government invasion to the person’s freedom to privacy.

Seizure is the confiscation of property or any material usually fruit of the crime or product of illegal activities to
serve as an evidence in the legal proceeding.

Search Warrant -(legal definition Sec 1, Rule 26 of Rules of Court)) an order in writing issued in the name of
the People of the Philippines, signed by the judge and directed to a peace officer, commanding him to search for
personal property described herein and bring it before the court.

Warrantless Search - search and seizure of personal property based on probable cause made by a police officer
without a warrant.

Inquest is defined as the informal and summary investigation conducted by public prosecutor in a criminal case
involving persons arrested without the benefit of a warrant to determine if the person so arrested should remain
under custody and be charged accordingly.

Legal basis. A raid - must be legal, having its basis in lawful process and conducted in a legal manner. This will
be in the form of a search warrant or warrant of arrest. The raid may be in pursuit of a person reasonably believed
to be guilty of felony and when it is known that the felony has just been committed.

Custodial Investigation – Investigation conducted by law enforcement officers after a person has been arrested
or deprived of his freedom of action. It includes invitation to a person who is being investigated in connection
with an offense.

Organized and Transnational Crimes

Organized crime
- continuing criminal enterprise that rationally works to profit from illicit activities that are often in great
public demand.
- continuing existence is maintained through corruption of public officials and the use of intimidation,
threats or force to protect its operations.

Organized Criminal Group" is defined using four criteria:

1. A structured group of three or more persons;
2. The group exists for a period of time;
3. It acts in concert with the aim of committing at least one serious crime;
4. To obtain, directly or indirectly, a financial or other material benefit.

The United Nations Convention against Transnational Organized Crime is the only global legally binding
instrument against transnational organized crime with 190 parties. The purpose of this Convention is to promote
cooperation to prevent and combat transnational organized crime more effectively
The purposes:

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(a) To prevent and combat trafficking in persons, paying particular attention to women and children;
(b) To protect and assist the victims of such trafficking, with full respect
for their human rights; and
(c) To promote cooperation among States Parties in order to meet those objectives.

Different categories of transnational crime (UNODC, 2002, p. 4).:

 drug trafficking,  sea piracy,
 trafficking in persons,  hijacking on land,
 organ trafficking,  insurance fraud,
 trafficking in cultural property,  environmental crime,
 counterfeiting, money laundering,  fraudulent bankruptcy,
 terrorist activities,  infiltration of legal business,
 theft of intellectual property,  corruption and bribery of public officials,
 illicit traffic in arms,  and other offences committed by organized
 aircraft hijacking, criminal groups

Organized criminal group shall mean a structured group of three or more persons, existing for a period of time
and acting in concert with the aim of committing one or more serious crimes or offences established in accordance
with this Convention, in order to obtain, directly or indirectly, a financial or other material benefit.
Organized Crime is composed of two or more persons who have engaged in any kind of criminal activity for
the purpose of profit or power laundering.

United Nations Convention against Transnational Organized Crime (UNTOC) also define an offense is
transnational in nature if:
1) It is committed in more than one State;
2) It is committed in one State but a substantial part of its preparation, planning, direction or control takes
place in another State;
3) It is committed in one State but involves an organized criminal group that engages in criminal activities in
more than one State; or
4) It is committed in one State but has substantial effects in another State.
Transnational crimes, it can be distinguished from:
1. Domestic crime - offenses that occur within a single national jurisdiction.
2. International crime - offending that is recognized in international law and against the world community.
(Lautensach, 2020).

Terrorism in the Philippines

Terrorism is one of the major problems in the Philippines, acts of terrorism have been attributed to the actions of
the two groups. First are the secessionist groups in Mindanao (Moro conflict) and Second is the Communist Party
of the Philippines (communist rebellion).
Terrorist groups have the intent and capability to carry out attacks anywhere in the country including in the capital
Manila and in places visited by foreigners, such as shopping malls, entertainment establishments, public transport
(including airports and the metro system) and places of worship.
 Attacks have been carried out using small arms and improvised explosive devices, including both vehicle
and personnel borne.
Terrorist activity continues to pose a threat from groups such as:

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 Abu Sayyaf Group (ASG),
 Bangsamoro Islamic Freedom Fighters (BIFF),
 Jemaah Islamiyah (JI),
 New People’s Army (NPA and other associated groups.
 Some groups have pledged allegiance to Daesh (formally referred to as ISIL) and are likely to regard
westerners as legitimate targets.
Armed clashes between security forces and militant groups occur regularly and at any time without warning in
rural areas.
Presidential and local elections are scheduled to take place on 9 May 2022. Previous elections have seen incidents
of election related violence including terrorist related attacks.
There is considered to be a heightened threat of terrorist attack globally against UK interests and British nationals,
from groups or individuals motivated by the conflict in Iraq and Syria.

Republic Act No. 11479, July 03, 2020 (also known as Anti-Terrorism Act of 2020), is a counter-terrorism law
intended to prevent, prohibit, and penalize terrorism in the Philippines, replacing the Republic Act No. 9372,
Otherwise Known As The "Human Security Act Of 2007"
Terrorism
Committed by any person who, within or outside the Philippines, regardless of the stage of execution.
The Act defines terrorism as:
1. Engages in acts intended to cause death or serious bodily injury to any person, or endangers a person's
life;
2. Engages in acts intended to cause extensive damage or destruction to a government or public facility,
public place or private property;
3. Engages in acts intended to cause extensive interference with, damage or destruction to critical
infrastructure
4. Develops, manufactures, possesses, acquires, transports, supplies or uses weapons, explosives or of
biological, nuclear, radiological or chemical weapons; and
5. Release of dangerous substances, or causing fire, floods or explosions.
Take Note: Terrorism shall not include advocacy, protest, dissent, stoppage of work, industrial or mass action,
and other similar exercises of civil and political rights, which are not intended to cause death or serious physical
harm to a person, to endanger a person's life, or to create a serious risk to public safety.

Under RA 11479, those who are part of the planning and training for the commission of terrorism will face life
imprisonment sans the benefit of parole and the benefits provided under RA 10592 or the Good Conduct Time
Allowance Law.
The CPP-NPA is listed as a terrorist group by the United States, the European Union, the United Kingdom,
Australia, Canada, New Zealand, and the Philippines.
The Anti-Terrorism Council also formally designated the NDF as a terrorist organization on June 23, 2021, citing
it as “an integral and inseparable part” of the CPP-NPA that was created in April 1973. (PNA)

The Rise of Mafia

the word MAFIA is an acronym which has a literal meaning of “Morte Alla Francia Italia Anela”. As I’ve said,
In English it has two translations: First is that “Death to France, Italy Cry” and the other one is that “Death to
France, long live Italy”.

question is, “Are they forming a group to fight French government? The answer is no.

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 In reference to a man, mafiusu (mafioso in Italian) - Sicily signified "fearless", "enterprising", and
"proud".
 In reference to a woman - feminine-form adjective mafiusa means 'beautiful' or 'attractive'.

ORGANIZED CRIME AND MAFIA

Organized crime is a pervasive problem in much of today’s global economy (Milhaupt & West 2000).
Syndicates and cartels control much of the world’s global narcotics trade, and also earn significant profits from
illegal activities such as:
 gambling,
 prostitution,
 smuggling
 extortion, and;
 racketeering.
Structure and attributes of Organized Criminal Group
The bureaucratic or hierarchical model it is compose of the Boss (also known as “Capo”), the Underboss (also
known as “Sottocapo”), the Captains (also known as “Caporegime”), and the soldiers (also known as
“Soldata”). And lastly, Consigliere serves as an adviser ( the Right hand of the boss)

Attributes of Organized Crime group

 Has no political goal

 Is hierarchical
 Has a limited or exclusive membership
 Perpetuates itself
 Demonstrates specialization/ division of labor
 Is monopolistic
 Is governs by explicit rules and regulations
 Willingness to use illegal violence and bribery

Early and Present Powerful Organized Criminal Group

Italian Mafia

a) Sicilian Mafia (based in Sicily)

In 1920s, Sicilian peasants against their enemies. In Sicily, the word Mafia tends to mean “manly.”
b) Camorra or Neapolitan Mafia (based in Naples)
The word “Camorra” means gang. Italy, as a prison gang.

c) Ndrangheta or Calabrian Mafia (based in Calabria)

The word “’Ndrangheta” comes from the Greek meaning courage or loyalty. The ’Ndrangheta formed in
the 1860s.

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American Mafia
In the early 1920s, fascist Benito Mussolini took control of Italy and waves of Italian immigrants fled to the
United States.
The Mafia took advantage of prohibition and began selling illegal alcohol. The profits from bootlegging
(illegal selling of alcohol) far exceeded the traditional crimes of protection, extortion, gambling, and prostitution.
The bootlegging industry organized members of these gangs before they were distinguished as today's known
families.
The new industry required members at all different employment levels, such as bosses, lawyers, truckers, and
even members to eliminate competitors through threat/force.
Gangs hijacked each other's alcohol shipments, forcing rivals to pay them for "protection".
In Chicago, Al Capone and his family massacred the North Side Gang, another Irish American outfit.
In New York City, by the end of the 1920s, two factions of organized crime had emerged to fight for control of
the criminal underworld, one led by Joe Masseria and the other by Salvatore Maranzano. This caused the
Castellammarese War, which led to Masseria's murder in 1931.

Maranzano then divided New York City into Five Families (One organized criminal group divided into 5 families
– Bonanno Family, Colombo Family, Gambino Family, Genovese Family and Lucchese Family). Maranzano, the
first leader of the American Mafia, established the code of conduct for the organization, set up the "family"
divisions and structure, and established procedures for resolving disputes. In an unprecedented move, Maranzano
set himself up as boss of all bosses and required all families to pay tribute to him. This new role was received
negatively, and Maranzano was murdered within six months on the orders of Charles "Lucky" Luciano. Luciano
was a former Masseria underling who had switched sides to Maranzano and orchestrated the killing of Masseria

MAFIA
is a term used to describe a number of criminal organizations around the world.
the first organization to bear the label was the Sicilian Mafia based in Italy, known to its members as Cosa
Nostra.
Cosa Nostra
 is a criminal syndicate that emerged in the mid-nineteenth century in Sicily.
 Each group, known as a "family", "clan", or "cosca", claims sovereignty over a territory in which it
operates its rackets – usually a town or village or a neighborhood (borgata) of a larger city
Cosa
 means a family consisting of over 100 members under the leadership of a CAPO.
Chinese Mafia considered to be the oldest and the biggest criminal organization in the world.
La Cosa Nostra American Mafiosi ( Our thing or this thing of ours) it almost replace the word mafia.
Mafiosi
 equal status sometimes call each other "compare",
 while inferiors call their superiors "padrino".
 Both are Sicilian terms for "godfather”.
Omertà
 a code of silence and secrecy that forbids mafiosi from betraying their comrades to the authorities.

Organized Crime in Asia

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Chinese Triads
Triads are traditional organized-crime groups originating from Hong Kong, Macau and Taiwan.
Criminal organizations operating in China are called "mainland Chinese criminal groups" or "black
societies".
- work in cooperative ventures involving black market activities, burglaries and thefts, hijackings and
extortions.
Dragon Syndicates
- is another name for the Chinese Triads.
- The leader of the triad is known as “Dragon Head or “Chor Kwun”.
The Triad came from the symbolic triangle in their flag which indicates the three (3) elements:
- The Heaven
- The Earth
- The Man

Columbian Cartel
a) Medellin Cartel (Pablo Escobar) – originating in the city of Medellín, Colombia. The drug cartel
operated from 1972 to 1993 in Bolivia, Colombia, Panama, Central America, Peru, and the United States,
as well as in Canada. The Medellín Cartel supplied at least 80% of the world's cocaine market with
US$60 million daily in drug profits.
b) Cali Cartel – was a drug cartel based in southern Colombia, around the city of Cali and the Valle del
Cauca Department. Its founders were the brothers Gilberto Rodríguez Orejuela and Miguel Rodríguez
Orejuela, and José Santacruz Londoño. They broke away from Pablo Escobar and his Medellín associates
in the late 1980s.
Japan Mafia
 Yakuza (8-9-3) or Boryokudan - the most influential organized crime group in Japan.
 Yakuza makes billions of dollars through corporate extractions and the Sokoiya (shareholders meeting
men).
 Other activities that they are involved in include: Exploitation of women, Prostitutions (mostly coming
from the Philippines, Thailand and Taiwan) and Gambling Den.

5 Most Powerful Criminal Organisations in the World

a) Solntsevskaya Bratva - also known as the Solntsevskaya Brotherhood is the biggest and most powerful
crime syndicate of the Russian mafia.
b) Yamaguchi Gumi - the largest known gang in the world and one of several groups collectively referred
to in Japan as Yakuza. It is named after its founder Harukichi Yamaguchi.
c) The Crips - are primarily an African-American gang. They were founded in Los Angeles, California in
1969 mainly by Raymond Washington and Stanley Williams. The Crips are notorious for being one of the
most violent gangs in the United States.
d) Cosa Nostra - is a criminal syndicate in Sicily, Italy. It is a loose association of criminal groups that share
a common organisational structure and code of conduct.
e) Sinaloa Cartel - is an international drug trafficking, money laundering, and organised crime syndicate. It
is considered by many to be the most feared Mexican drug cartel in the world.

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Hong Kong Criminal Groups
 Triads such as “Wo Sing Wo” and 14K are two of the many triads in Hongkong.
 They are involved in various activities ranging from drug trafficking to corruption.
CAMBODIA
 Drug Trafficking and Human Smuggling are the most notable organized crime activities.
 Cambodia which are widely controlled by Chinese and Myanmorese.
 Other activities involved gambling, corruption, prostitution and money laundering.
Myanmar
 has the largest organized crime groups controlled by military Junta.
 control the plantations and refine opium into heroin and also produced methamphetamine.
TAIWAN
 Taiwan organized crime has close connection with the Chinese Triads and Hong Kong particularly the
United Bamboo Gang.
 They are involved in drug trafficking, Women and child trafficking, prostitution.
SINGAPORE
 The country with the lowest cases of organized activities due to stringent laws and severe penalties and
the government strong will power for the implementation of laws.
THAILAND
 Considered to be the most notorious in the world in terms of sex industry.
 Supplies or imports about one (1) million women in different countries in Asia.
VIETNAM
 Nam Cam Gang” is one of the most noted organized crime group in Vietnam and known for
drug trafficking and one of the major transit point of drugs in Laos, Myanmar, China and
Taiwan from Cambodia.
PHILIPPINES
1. Kuratong Baleleng
 It began as anti-communist vigilante group but has become a diversified kidnapping, smuggling and
extortion syndicate with close links to officials in Northwestern Mindanao and elsewhere.
 It is a notorious group of bank robbers that met a bloody end in a shootout with the police one May
morning in 1995 in Quezon City.
2. Pentagon Group
 Operates in Mindanao headed by Tahir Alonto, a creation of MILF to generate funds. Alonto is a Nephew
of MILF Chairman AL HAJ MURAD.

Lesson 2

CRIMES AGAINST PROPERTY

What is Crime Against Property?

Crime Against Property are crimes that are directed to a person's belongings, intellectual properties and
money. It includes many common crimes relating to theft or destruction of someone else's property. It is any
action whether by theft or destruction and without permission from the rightful owner, to intentionally
permanently deprive, or risk depriving, an individual or commercial entity from their physical or virtual property.

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Crimes against property can range from lower level offenses such as shoplifting or vandalism h-level
felonies including armed robbery and arson. The object of crimes against property, such as, robbery, bribery, and
burglary, is to obtain money, property, or some other benefit from a victim or destruction of someone else's
property as in the crime of arson (Sabino-Diangson, 2020, p. 12). Some such crimes against property do not
require the offender to make off with stolen goods or even to harm a victim for instance burglary, which only
requires unlawful entry with the intent to commit a crime. While others require the actual taking of money or
property. Moreover, some, such as robbery, require a victim present at the time of the crime (Thomson Reuters,
2022).

Robbery

According to the 1930 Revised Penal Code of the Philippines, any person who, with intent to gain, shall
take any personal property belonging to another, by means of violence or intimidation of any person, or using
force upon anything shall be guilty of robbery. Robbery is theft accomplished by violence or the threat of
violence. It almost always requires the presence of a victim who is threatened with bodily harm.³

Elements of the Crime of Robbery

The PNP Criminal Investigation Manual (2011), states that the elements of robbery are as follows:

1. The personal property belongs to another.

2. The unlawful taking of that property.

3. With intent to gain (animus lucrandi¹).

(Animus lucrandi, or intent to gain, is an internal act which can be established through the over acts of
the offender.)

4. Violence against or intimidation of any person or force upon things.

5. The offense can be committed by a band or with the use of firearms on a street, road or alley or by attacking a
moving train, street car, motor vehicle or airship or by entering or taking the passenger conveyance by surprise.

6. Other analogous acts

Personal Property
The property taken must be personal property, for it real property is occupied or real right is usurped by
means of violence against or intimidation of person, the crime is usurpation (art.312)
Belonging to another
The phrase "belonging to another" which means that the property taken does not belong to the offender.
The person from whom the personal property is taken need not be the owner. Possession of the is sufficient.

Robbery with Violence or Intimidation of Persons

Robbery is oftentimes accompanied by violence or intimidation of another person. The elements of these
are as follows:

 The personal property belongs to another.

 The unlawful taking of that property.
 With intent to gain (animus lucrandi).
 The taking is with violence against or intimidation of persons.

Five classes of Robbery with Violence or Intimidation

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Robbery with violence or intimidation of persons, takes five classifications, namely:

1. Robbery with homicide

2. Robbery with rape, intentional mutilation. or the physical injuries

3. Robbery with physical injuries

4. Robbery committed with unnecessary violence or with physical injuries

5. Robbery in other cases, or simply robbery where the violence against or intimidation of persons cannot be
subsumed by or where it is not sufficiently specified so as to fall under, the first four.

Intimidation - means unlawful coercion; extortion; duress; putting in fear.

Robbery by Use Force upon Things

Elements Robbery by Use Force upon Things are:

 The taking personal property;

 The personal property belong another;
 The taking with animus lucrandi;
 The taking with force upon things.

Robbery in Inhabited House Public Building Edifice Devoted Worship

The malefactors shall enter the house or building which the robbery was committed, by any the following
means (RA 3815, 1930, Section 299):

1. Through an opening not intended for entrance egress.

2. By breaking any wall, roof, floor breaking any door or window.

3. By using false keys, picklocks similar tools.

4. By using any fictitious name pretending exercise public authority.

Or the robbery be committed under any the following circumstances (RA 3815, 1930, Section 299):

1. By breaking doors, wardrobes, chests, or other kind locked sealed furniture receptacle;

2. taking such furniture objects to broken forced open outside the place of robbery

Inhabited house - means any shelter, ship vessel constituting the dwelling one more persons, even though the
inhabitants are temporarily absent from when the robbery committed.

Robbery in an Uninhabited Place or in a Private Building

The following circumstances is present in Robbery in an Uninhabited Place or in a Private Building (RA
3815, 1930, Section 302):

1. If the entrance has been effected through any opening not intended for entrance or egress.

2. If any wall, roof, flour or outside door or window has been broken.

3. If the entrance has been effected through the use of false keys, picklocks or other similar tools.

4. If any dorm, wardrobe, chest or by sealed or closed furniture or receptacle has been broken.

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5. If any closed or sealed receptacle, as mentioned in the preceding paragraph, has been removed even if the same
is broken open elsewhere.

The term "false keys" includes (RA 3815, 1930, Section 305):

1. The tools mentioned in the preceding articles like picklocks.

2. Genuine keys stolen from the owner.

3. Any keys other than those intended by the owner for use in the lock forcibly opened by the offender.

Brigandage

Brigands, also known Highway Robbers, are a group of more than three armed persons forming a band of
robbers for the purpose of committing robbery in the highway, or kidnapping persons for the purpose of extortion
or to obtain ransom or for any other purpose to be attained by means of force and violence (RA 3815, 1930,
Section 306).

According to the Anti-Piracy and Anti-Highway Robbery Law of 1974, Brigandage is the seizure of any
person for ransom, extortion or other unlawful purposes, or the taking away of the property of another by means
of violence against or intimidation of person or force upon things of other unlawful means, committed by any
person on any Philippine Highway,

Theft

According to the 1930 Revised Penal Code of the Philippines, theft is committed by any person who, with
intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal
property of another without the latter's consent.

Theft is also committed by the following (RA 3815, 1930, Section 308):

1. Any person who, having found lost property, shall fail to deliver the same to the local authorities or to its
owner;

2. Any person who, after having maliciously damaged the property of another, shall remove or make use of the
fruits or object of the damage caused by him; and

3. Any person who shall enter an enclosed estate or a field where trespass is forbidden or which belongs to
another and without the consent of its owner, shall hunt or fish upon the same or shall gather cereals, or other
forest or farm products.

Four Modes of Theft

1. Asportation- It is the carrying away of someone else's property that is an element of larceny. The taking away
is accomplished without violence or intimidation against a person or force upon things."

(Larceny is the trespassory taking and carrying away personal goods from the possession of another with
intent to steal.)

2. Lost Property - The perpetrator finds a lost item/ Property and failed or did not intend to deliver the lost
property to its rightful owner (Del Puerto, 2021).

3. Damage to Property - The offender maliciously damages the property of others, and he removes or makes use
of the fruits or objects of the damage caused by him (Del Puerto, 2021).

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4. Hunting or Gathering – The violator enters an enclosed estate or a field without any consent of the owner, and
where trespass is forbidden. He hunts or fishes, or gathers crops without the consent of the owner (Del Puerto,
2021).

Qualified Theft

Qualified theft is a crime of theft committed by the following (RA 3815, 1930, Section 310):

1. A domestic servant,

2. With grave abuse of confidence,

3. If the property stolen is motor vehicle, mail matter or large cattle or consists of coconuts taken from the
premises of the plantation or fish taken from a fishpond or fishery, or

4. If property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity,
vehicular accident or civil disturbance.

Usurpation

Usurpation is the occupation of real property any real rights in property belonging to another by means
of violence against or intimidation of persons (RA 3815, 1930, Section 312). According to the Revised Penal
Code of the Philippines (1930) this includes altering boundaries or landmarks (RA 3815, 1930, Section 313). The
elements of the offense are ¹4:

1. Occupation of another's real property or usurpation of a real right belonging to another Person;

2. Violence or intimidation should be employed in possession the real property or in usurping the real right, trial

3. The accused should be animated by the intent to gain

Culpable Insolvency

Culpable Insolvency also known as Fraudulent insolvency. It is committed by any person who
abscond" with his property to the prejudice of his creditors (RA 3815, 1930, Section 314). Insolvency refers to
situations where a debtor cannot pay the debts she owes." Culpable Insolvency is the fraudulent disposal or
concealment and or disposal of properties of a debtor to defraud his creditors."

Swindling

Swindling also known as Estafa, it is an act of defrauding another person by any of the following means:

1. Unfaithfulness or abuse of confidence:

a. Altering the quality, quantity and substance of the subject matter in a contract;
b. Misappropriating or converting someone else's money, goods, or any other personal property; or denying
these from them;
c. Taking advantage of a signature in blank

2. Deceit or fraudulent acts:

a. Using a fictitious identity to deceive another;

b. Altering quality, fineness or weight of anything pertaining to art or business;
c. Issuing unfunded or postdated checks;

(Abscond is to depart secretly and hide oneself.)

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d. Availing of services from hotels, restaurants, inns, etc. without paying for them

3. Fraudulent means:

a. Inducing another, through deceit, to sign any document;

b. Resorting to fraudulent practice to ensure success in a gambling game;
c. Removing, concealing or destroying (in whole or in part) any court record, office files, document, or any
other papers.

According to the Revised PNP Criminal Investigation Manual (2010) the elements of Estafa are:

1. There is deceit.

2. There is damage or prejudice to the offended party.

3. The deceit is through unfaithfulness or abuse of confidence.

4. Some by means of false pretenses or fraudulent acts or means.

5. Other analogous acts/

Syndicated Estafa

Syndicated Estafa is a swindling (estafa) that is committed by a syndicate consisting of five or more
persons formed with the intention of carrying out the unlawful or illegal act, transaction, enterprise or scheme, and
the defraudation results in the misappropriation of money contributed by stockholders, or members of rural banks,
cooperative, "samahang nayon(s)", or farmers association, or of funds solicited by corporations/associations from
the general public.

The following standards by which a group of purported swindlers may be considered as a syndicate under PD No.
1689":

 They must be at least five (5) in number;

 They must have formed or managed a rural bank, cooperative, "samahang nayon," farmer's association or
any other corporation or association that solicits funds from the general public.
 They formed or managed such associations with the intention of carrying out an unlawful or illegal act,
transaction, enterprise or scheme i.e., they used the very association that they formed or managed as the
means to defraud its own stockholders, members and depositors.

Chattel Mortgage

Chattel mortgage is a conditional sale of personal property as security for the payment of a debt, or the
performance of some other obligation specified therein, the condition being that the sale shall be void upon the
seller paying to the purchaser a sum of money or doing some other act named. If the condition is performed
according to its terms the mortgage and sale immediately become void, and the mortgagee is thereby divested of
his title.

Offenses Involving Chattel Mortgage

According to the Revised Penal code of the Philippines (1930), the following are considered offenses involving
Chattel mortgage (RA 3815. 1930, Section 319):

1. Knowingly removing personal property mortgaged to any province or city other than the one in which it
was located at the time of the execution of the mortgage without the written consent

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2. Selling or pledging personal property already mortgaged or any part under the of the Chattel Mortgage
without the of the mortgage written on the back of the and duly recorded in the CM Register

Malicious Mischief

Malicious mischief are attempts against another's property inspired sometimes by hatred or a desire for
revenge and sometimes by the mere pleasure of destroying." According to the Revised Penal Code of the Any
person who shall deliberately cause the property another any damage not falling within the terms of the next
preceding chapter shall be guilty of malicious mischief (RA 3815, 1930, Section 327). crime of malicious
mischief are:"

 That the offender deliberately caused damage to the property of another;

 That such act does not constitute arson or other crimes involving destruction;
 That the act of damaging another's property be committed merely for the sake of damaging it.

Types of Malicious Mischiefs

Types of Malicious mischiefs are (RA 3815, 1930, Section 328):

1. Causing damage to obstruct the performance of public functions,

2. Using any poisonous or corrosive substance;
3. Spreading any infection or contagion among cattle;
4. Causing damage to the property of the National Museum or National Library, or to any archive or
registry, waterworks, road, promenade, or any other thing used in common by the public

Bouncing Checks

Bouncing Checks is an act of making or drawing and issuance of a check without sufficient funds or
credit. This also includes any person who, having sufficient funds in or credit with the drawee bank when he
makes or draws and issues a check, shall fail to keep sufficient funds or to maintain a credit to cover the full
amount of the check if presented within a period of ninety (90) days from the date appearing thereon, for which
reason it is dishonored by the drawee bank.

Arson

Arson is the intentional burning or setting fire to the property of another or own property under
circumstances which expose to danger the life or property of another. The elements of the crime of Arson are
(PNP, 2011, p. 176):

1. Actual burning took place.

2. Actual burning is done with malicious intent.
3. The actual burning is done by a person(s) legally and criminally liable.

Destructive Arson

According to the Presidential Decree 1613 (1979), it is considered as destructive arson if the property
burned is any of the following:

1. Any ammunition factory and other establishment where explosives, inflammable or combustible materials
are stored.
2. Any archive, museum, whether public or private, or any edifice devoted to culture, education or social
services.
3. Any church or place of worship or other building where people usually assemble.

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4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of persons or
property
5. Any building where evidence is kept for use in any legislative, judicial, administrative or other official
6. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public or private or
movie house or any similar place or building.
7. Any building, whether used as a dwelling or not, situated in populated or congested area.

Other Cases of Arson

The following are other cases of Arson (PD 1613,1979, Section 3):

1. Any building used as offices of the government or any of its

2. Any inhabited house or dwelling;
3. Any industrial establishment, shipyard, oil well or mine or
4. Any plantation, farm, pastureland, growing crop, grain bamboo grove or forest;
5. Any rice mill, sugar mill, cane mill or mill central; and
6. Any railway or bus station, airport, wharf or warehouse.

Special Aggravating Circumstances in Arson

1. If committed with intent to gain;

2. If committed for the benefit of another;
3. If the offender is motivated by spite or hatred towards the
4. If committed by a syndicate.

Levels of Offense for Arson

According to the PNP Revised Criminal Investigation Manual (2011) here are the level of offense for the
crime of Arson:

1. Attempted Arson

The Suspect gets a rag and soaks it in kerosene with intent to burn the house of the victim, his enemy.
Suspect puts the rag in a combustible portion of the victim's house and when in the act of striking his match in
order to burn the rag soaked with kerosene, Suspect is arrested by a policeman who happens to pass by. The
Suspect begins the commission of the felony directly by overt acts but does not fulfill all the acts of execution
necessary to produce the felony by reason of the timely arrival of the policeman.

2. Frustrated Arson

The Suspect, with intent to burn, puts the rag soaked with kerosene in the combustible part of the victim's
house. A lights the rag and while it is burning, Suspect runs away. Before the fire from the rag consumes any part
of the house, the victim discovers it and extinguishes the fire.

Suspect had already performed all the acts of execution necessary to produce the felony but the felony
was not produced by the reason of the timely arrival of the victim, which is independent of the will of Suspect.

3. Consummated Arson

The Suspect, with intent to burn, lights a rag soaked with kerosene in the combustible part of the victim's
house. But before the fire was extinguished by the victim, it had already burned a small portion of the house.

The Suspect had already performed all the acts of execution necessary to produce the felony. The
consummation of the crime does not depend upon the extent of damage caused. Any charring of the wood or any
structure, whereby the fiber of the wood is destroyed, is already sufficient. It is not necessary that the wood or

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structure should be ablaze. Setting fire to the contents inside the building can constitute a consummated crime of
arson, regardless if no part of the building was burned.

Exceptions from Criminal Liability in Crimes against Property

According to the Revised Penal code of the Philippines (1930), No criminal, but only civil liability, shall
result from the commission of the crime of theft, swindling or malicious mischief committed or caused mutually
by the following persons (RA 3815, 1930, Section 332):

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.

LEGAL PROVISIONS ON CRIMES AGAINST PROPERTY

Revised Penal Code

The Republic Act 3815, of 1930, commonly known as the Revised Penal Code of the Philippines. It is an
act revising the Penal code and other Penal Laws of the Philippines. It contains the general penal laws of the
Philippines. First enacted in 1930, it remains in effect today, despite several amendments on it.

It consists of two books; the first book deals with the general provisions regarding the date of
enforcement and application of the provisions of the Revised Penal Code, and regarding the offenses, the persons
liable and the penalties (RA 3815, 1930, Book One). While the second book deals with different categories of
crimes and it designated penalties (RA 3815, 1930, Book One).

The provisions on Crimes Against Property and its corresponding penalties were presented on Title
number 10 of the Book 2. The list of property crimes enumerated on it are:

1. Robbery,

2. Brigandage,

3. Theft,

4. Usurpation,

5. Culpable Insolvency,

6. Swindling/Estafa,

7. Chattel Mortgage,

8. Malicious Mischief, and 9. Arson and other Crimes involving Destruction

Special Penal Code

The Special Penal Code is one of the sources of Philippine Criminal Law, aside from the Revised Penal
Code. There are Special Penal Laws that deal with Crime Against Property, here are some of the Special Penal
laws pertaining to Property Crimes:

Presidential Decree no. 1744

It is decree amending Article 320 of the Revised Penal Code Provisions on Arson. It was enacted last
November 11, 1980 and signed by then President Ferdinand E. Marcos. Its objective to effectively discourage and
deter the commission of arson, and to prevent destruction of properties and protect the lives of innocent people

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(PD 1744, 1980). It states that penalty of Reclusion Temporal in its maximum period to Reclusion Perpetua shall
be imposed for persons who committed Destructive Arson and other forms of Arson. In short, it imposes upon
arsonists the capital punishment (PD 1744, 1980, Section 1).

Presidential Decree No. 1613

It is also decree amending the Law on Arson, It was enacted last March 1979 and signed by then
President Ferdinand E. Marcos. also imposes capital punishment for Arsonist, while stressing the involvement of
criminal syndicates as perpetrators Arson the county 1613, 1979). It states that, if the arson committed a
syndicate, is one of the special aggravating circumstances in Arson, and thus, the penalty in any case of arson
shall be imposed its maximum period (PD 1613, 1979. Section 4).

Batas Pambansa Bilang 22

It is also known as the Anti-Bouncing Check Law. It is an act penalizing the making or drawing and
issuance of a check without sufficient funds or credits. It was approved last April 1979. It was enacted to afford
protection to business and the public in general, and prevent the circulation of worthless checks. It punishes the
acts of making and issuing a check with knowledge by the issuer that at the time the check is issued, he does not
have sufficient funds, and the failure to keep sufficient funds to cover the full amount of the check if presented
within a period of 90 days from the date appearing on the check (BP 22, 1979, Section 1).

Presidential Decree No. 532

It is also known as the Anti-Piracy and Anti-Highway Robbery Law of 1974. It was enacted last
August 8, 1974 and signed by then President Ferdinand E. Marcos. Its goal is to discourage acts of depredations
of either piracy or highway robbery / brigandage upon the persons and properties of innocent and defenseless
inhabitants who travel from one place to another, by imposing heavy penalties on the offenders (PD. 532, 1974).

It defines Philippine Highway as any road, street, passage, highway and bridges or other parts thereof, or
railway or railroad within the Philippines used by persons, or vehicles, or locomotives or trains for the movement
or circulation of persons or transportation of goods, articles, or property or both. While it refers to Highway
Robbery/Brigandage as the seizure of any person for ransom, extortion or other unlawful purposes, or the taking
away of the property of another by means of violence against or intimidation of person or force upon things of
other unlawful means, committed by any person on any Philippine Highway (PD. 532, 1974, Section 2).

The following penalties were imposed for Highway Robbery/Brigandage (PD. 532, 1974, Section 3.b.):

1. The penalty of reclusion temporal in its minimum period shall be imposed.

2. If physical injuries or other crimes are committed during or on the occasion of the commission of robbery
or brigandage,
3. The penalty of reclusion temporal in its medium and maximum periods shall be imposed.

Presidential Decree No. 1689

It is a decree that increases the penalty for certain forms of Estafa, specifically Syndicated Estafa. It was
enacted last April 6, 1980 and signed by then President Ferdinand E. Marcos. It states that, any person or persons
who shall commit estafa or other forms of swindling shall be punished by life imprisonment to death if the
swindling (estafa) is committed by a syndicate consisting of five or more persons formed with the intention of
carrying out the unlawful or illegal act, transaction, enterprise or scheme, and the defraudation results in the
misappropriation of money contributed by stockholders, or members of rural banks, cooperative, "samahang
nayon(s)", or farmers association, or of funds solicited by corporations/associations from the general public (PD.
1689, 1980, Section 1)..

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Lesson 3

CRIMES AGAINST PROPERTY INVESTIGATION

What is a Crime Investigation?

Investigation an inquiry, judicial otherwise, the discovery and collection facts concerning matter matters
involved." is the process inquiring, eliciting, soliciting getting vital information/facts/circumstances order to
establish truth (PNP, 2011).

Crime Investigation an ensemble methods which crimes studied and criminals apprehended. criminal
investigator seeks ascertain methods, motives, identities criminals the identity victims may also search and
interrogate witnesses." is the lawful, objective, logical search people and things useful reconstructing the
circumstances surrounding commission a trime (Sabino-Diangson, p. 17).

General Principles of Investigation

Criminal Investigation is the collection of facts to accomplish a three-fold aim (PNP, 2011):

1. To identify the suspect;

2. To locate the suspect; and

3. To provide evidence of his guilt.

According to the PNP Revised Criminal investigation Manual (2011), the investigator must seek to establish the
six (6) cardinal points of investigation, namely:

1. What specific offense has been committed;

2. How the offense was committed;

3. Who committed it;

4. Where the offense was committed;

5. When it was committed; and

6. Why it was committed.

What is a Special Crime Investigation

Special Crime Investigation is a special study of modern techniques in the investigation of serious and
specific crimes including murder, homicide, rape, abortion, robbery, arson kidnapping, blackmail, carnapping and
criminal negligence. Its emphasis is on physical evidence rather than an extra judicial confession, and focuses on
specific crimes which by their nature are difficult and complex to investigate.

Robbery Investigation

Under the Revised Penal Code Article 293-298, the act of gaining, taking any personal property
belonging to another, by means of violence or intimidation of any person, or using force upon anything is guilty
of robbery.

The elements of the crime of robbery are (PNP, 2011, p. 171):

 The personal property belongs to another.

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 The unlawful taking of that property.
 With intent to gain (animus lucrandi).
 Violence against or intimidation of any person or force upon things.
 The offense can be committed by a band or with the use of firearms on a street, road or alley or by
attacking a moving train, street car, motor vehicle or airship or by entering or taking the passenger
conveyance by surprise.

Robbery in an Inhabited House or Edice for Worship and Private Building

The robbery in an inhabited house or public or edifice devoted for worship or in an uninhabited place or
in a private building is punishable under the Article 299 to 302 of the Revised Penal Code of the Philippines
(PNP, 2011, p. 161).

The elements of robbery in an inhabited house or public or edifice devoted for worship or in an
uninhabited place or in a private building are:

 The culprit must enter the building where the object to be taken is found.
 The entrance is effected by any of the following means through an opening not intended for entrance,
breaking any wall, roof or floor, outside door or window, using false keys, picklocks or similar tools.
 The entrance is not required when the doors (of furniture), wardrobes, chest or sealed furniture are broken
or taking such objects away to be broken outside the place of robbery.

The evidence needed to file the crime of robbery are (PNP, 2011, p. 172):

 Testimonial Evidence - Affidavit of complainant and witnesses

 Documentary Evidence - photographs, videos, police reports and other documents
 Object Evidence - stolen items, weapons and other devices
 Other relevant evidence.

Investigation Checklist for Robbery

Here are some of the things that investigators may have to investigate in case of robberies particularly
when it involves serious injuries or the loss of lives.

1. Find out as much as possible about the crime before going to the scene and upon arrival.

2. Overview. Take your bearings at the crime scene so that you get a rough picture of the area and what has
happened.

3. Start keeping an action log.

4. Cordon off the area or extend the existing cordon if necessary. The perpetrator s route to and from the scene
may need to be cordoned off as well.

5. Make sure that a list is made of the people who enter the crime scene.

6. Pause for thought and start planning. This is where the crime scene analysis starts.

7. Note down your observations continuously. It is a good idea to use a tape recorder.

8. Take a general photograph of the crime scene. Film the scene with a video camera.

9. Search for and collect evidence, objects and reference samples etc. outdoors

10. Search for and collect evidence, objects and reference samples etc. indoors. Take photographs continuously.
Photograph all the evidence before it is collected. If possible, engage a photographer for

11. specialized trace evidence photography. If the robbery was video/filmed (CCTV), view the video to see where
evidence might be found. 12.

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13. Seize any video recordings and films in still cameras.

14. Draw a sketch. Mark the places where trace evidence and reference samples are collected.

15. Write a continuous seizure report.

16. Find out whether the proceeds of the robbery included bait money.

17. Check the crime scene before you leave it. Make sure that you have not forgotten anything important, such as
interrogation reports, memos, equipment etc.

Entry route

After a robbery, it is important to investigate how the offender got in. It is important to find the entry
route, which is not necessarily a door. Look at the building from the outside and try to find traces of a break-in or
other damage to doors or windows. Check the function of the lock and check whether there are any pick marks
(PNP, 2011, p. 41).

Ask the victim

Find out from the victim what has been stolen and where there are traces of objects

Latent footwear prints

Paper on the floor is always of interest since there may be latent footwear prints on it. Collect all paper
and then look for footwear prints on the paper at your unit or send the papers to the Crime Laboratory for
examination. There may also be latent footwear prints on desk pads, chair seats, etc (PNP, 2011, p. 42).

Collection of Evidence

According to the PNP's Field Manual on Investigation of Crimes of Violence and Other Crimes (2011),
the illustration shows the following types of evidence in connection with robberies:

Evidence in Connection with Robberies

 Hair
 eg. robber's hood, near entry point
 Blood and saliva
 e.g. bloodstains, saliva in robber's hood, cigarette-ends
 Material fits
 Video film, still film
 Weapons, bullets and cases
 Fibres- eg. near point of entry
 Clothes

Tool marks - near point of entry, on cupboards that have been broken open

Fingerprints - near point of entry etc.

Footwear and glove - prints, tyre marks indoors and outdoors

Glass and paint - windows, safes, near point of entry

Explosives - in connection with safe breaking

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Brigandage Investigation

Article 306-307 of the Revised Penal Code of the Philippines, and the Anti-Piracy and Anti-Highway
Robbery Law of 1974. criminalized the act of committing robbery in the highway, or kidnapping persons for the
purpose of extortion or to obtain ransom or for any other purpose to be attained by means of force and violence by
more than three armed persons or a band of robbers.

The elements of crime of brigandage according to the PNP Criminal Investigation Manual 2011 are the
following:

 The offense is committed by at least four armed persons.

 The offenders formed a band for the purposes of committing any or all of the following:
 Robbery in the highway;
 Kidnap persons for ransom;
 Attain any other purpose through force and violence.
 There is a preconceived or intended victim.

The evidence needed to file a crime of Brigandage are the following (PNP, 2011, p. 162):

1. Testimonial Evidence- Affidavit of complainant and witnesses

2. Documentary Evidence-photographs, videos, police reports and other documents

3. Object Evidence-stolen items, weapons and other devices

4. Other relevant evidence.

Theft Investigation

Theft is committed by any person who, with intent to gain but without violence against or intimidation of persons
nor force upon things, shall take personal property of another without the latter's consent (RA 3815, 1930, Article
308). It is punishable under Article 308 of the Revised Penal Code of the Philippines. The elements of Theft are:

 Any personal property belonging to another.

 The personal property is taken with intent to gain.
 The taking is without the owner’s consent.
 Absence of or without violence or intimidation of persons or force upon things.

According to the PNP Criminal Investigation Manual (2011), Theft is consummated when the offender is able to
take possession of the thing. Once the thief has full possession of the thing, even if he did not have a chance to
dispose of the same, theft is consummated.

The evidence needed to file a crime of Theft are (PNP, 2011, p. 163):

1. Testimonial Evidence - Affidavit of complainant and witnesses

2. Documentary Evidence - photographs, videos, police reports and other documents

3. Object Evidence - stolen items, weapons and other devices

4. Other relevant evidence

Usurpation Investigation

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Usurpation is the occupation of real property belonging to another person by means of violence or
intimidation (RA. 3815, 1930, Article 312). Usurpation is punishable under the Revised Penal code of the
Philippines, Article 312. The elements of the crime of Usurpation are (PNP, 2011, p. 163):

 The offender takes possession or real property or real right.

 The real property belongs to another.
 The taking is through violence or by intimidation of persons.
 The taking is with intent to gain

The evidence needed to file a crime of Usurpation are as follows (PNP, 2011, p. 163):

1. Testimonial Evidence - Affidavit of complainant and witnesses

2. Documentary Evidence -photographs, videos, police reports and other documents

3. Object Evidence - property rights, weapons and other devices

4. Other relevant evidence

Culpable Insolvency Investigation

Culpable Insolvency also known as Fraudulent insolvency is punishable under Article 312 of the Revised Penal
Code of the Philippines. The elements of Culpable Insolvency are (PNP, 2011, p. 164):

 This offense is committed when a debtor absconds with his property, real or personal, to the prejudice of
his creditors.
 Insolvency proceedings are not a requirement.
 Other analogous acts

The evidence needed to file a crime of Culpable Insolvency are as follows:

1. Testimonial Evidence - Affidavit of complainant and witnesses

2. Documentary Evidence -photographs, videos, police reports and other documents

3. Object Evidence -travel documents and transfer contracts

4. Other relevant evidence

Estafa and Bouncing Checks Investigation

Estafa also known as Swindling is an act of defrauding another person by unfaithfulness or abuse of
confidence; deceit or fraudulent acts; and fraudulent means (RA.3815, 1930, Article 315). The elements of Estafa
are:

 There is deceit.
 There is damage or prejudice to the offended party.
 The deceit is through unfaithfulness or abuse of confidence.
 Some by means of false pretenses or fraudulent acts or means.
 Other analogous acts

The evidence needed to file a crime of Estafa are as follows (PNP, 2011, p. 165):

1. Testimonial Evidence - Affidavit of complainant and witnesses

2. Documentary Evidence - photographs, videos, police reports and other documents

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3. Object Evidence - stolen items, weapons and other devices

4. Other relevant evidence

Bouncing Check Law

According to the Bouncing Check Law, the act of making or drawing and issuance of a check without
sufficient funds or credit is unlawful (BP 22, 1979, Section 1). The acts which constitute the crime of making or
drawing and issuance of a check without sufficient funds or credit are (PNP, 2011, p. 165):

1. Any person who makes or draws and issues any check to apply on account or for value, knowing at the
time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of
such check in full upon its presentment or would have been dishonored for the same reason had not the
drawer, without any valid reason, ordered the bank to stop payment.
2. Any person who, having sufficient funds in or credit with the drawee bank when he makes or draws and
issues a check. shall fail to keep sufficient funds or to maintain a credit to cover the full amount of the
check if presented within a period of ninety (90) days from the date appearing thereon, for which reason it
is dishonored by the drawee bank.

The evidence needed to file the actions for violations of BP 22 are:

1. Testimonial Evidence -affidavit of the complainant and witnesses

2. Documentary Evidence - Notice from the bank for insufficiency of funds, demand letter, police records and
other pertinent documents

3. Object Evidence - the check or any negotiable instruments

4. Other evidence relevant

Three Ways of Committing Estafa

The two indispensable elements of Estafa are Fraud or the deceit employed to defraud another; and the
other one is, Damage or the injury or damage caused by Estafa (PNP, 2011, p.166). The three ways of committing
Estafa are as follows:

1. By using fictitious name.

2. By falsely pretending to possess: power; influence; qualification; property; credit; agency; business or
imaginary transaction; and

3. By means of similar deceit

a. Altering the quality, fineness or weight of anything pertaining to his art or business as when a jeweler to
whom is entrusted a diamond studded ring changes the gem with lower quality.
b. Pretending to have bribed any government employee when in fact the offender converted for his use the
money taken under the pretext of a bribe.
c. Estafa by: Obtaining food/accommodation without paying for it, or obtaining credit by the use of false
pretense; or abandoning or surreptitiously credit and food without paying for it.
d. Estafa by inducing another to sign my document.
e. Estafa by resorting to fraudulent practice to insure success in gambling game.
f. Estafa by removing or concealing any court record office files.

Estafa through the Issuance of Postdating a Check without Funds

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The elements of estafa through the issuance of postdating a check without funds are as follows (PNP,
2011, p. 168):

 That the offender has postdated or issued a check in payment of an obligation contracted at the time of
postdating or issuance of such check, not pre-existing at the time of payment.
 That at the time of the postdating or issuance of said check, the offender had no funds or the funds
deposited were not sufficient to cover the amount of the check.
 The offender has postdated or issued a check in payment of an obligation contracted at the time of the
postdating or issuance of such check;
 He postdated or issued such check knowing at the time that he had no funds in the bank or the funds
deposited by him in the bank were not sufficient to cover the amount of the check;
 He did not inform the payee of such circumstances;
 The payee had been defrauded.

It is important to note the following (PNP, 2011, p. 168-169):

1. It is still essential that the check must be issued in payment of a simultaneous obligation. So, if it was issued in
payment of a pre-existing obligation, there is no estafa since the accused obtained nothing for the said check.

2. If a check was issued as a mere guarantee, there is no estafa since it was not issued in payment of an obligation.
And when the postdated checks were intended merely as promissory notes, there is also no estafa.

3. Good faith is a defense regarding the issuance of such checks. The payee's knowledge that the drawer has no
sufficient funds to cover the postdated checks at the time of their issuance negates estafa.

4. Issuance of the check must be a MEANS to obtain a valuable consideration from the payee (offended party.)

A bad check passer may be prosecuted both for estafa under the Revised Penal Code, and under BP 22.
This instance may arise when the bouncing check is issued to pay an obligation incurred simultaneously with or in
consideration of the check.

 If the bouncing check was issued to pay a pre-existing obligation, the drawer is liable only for violation of
BP 22
 If the payee is aware of the insufficiency or lack of fund in the bank to cover the check at the time it was
issued, the drawer may be held liable for BP 22, not estafa since there is no deceit by the drawer.
 BP 22 applies even if the check is a crossed check, or a manager s check or was just used as a guarantee.
 Each act of drawing and issuing a bouncing check constitutes a violation of BP 22. If the drawer has valid
reason to stop payment, he could not be held liable for BP 22.

Preliminary Steps in Handling Estafa

According to the PNP Criminal Investigation Manual (2011), here is the preliminary steps in handling Estafa:

1. Duly accomplished complaint sheet.

2. Interview the complainant to determine the extent of fraud and to establish the following:

a. The amount of damage incurred by the suspects because the amount of the damage of prejudice is the
basis of the penalty.
b. Establish whether it is committed by means of false pretenses or fraudulent acts or means; or abuse of
confidence which is necessary in filing of cases.

3. Obtain documentary evidence from the complainant to prove the offense, as follows:

a. Transaction receipts
b. Acknowledgment receipts

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c. Preferably at least three (3) successive Demand Letters.

4. If none, advise the complainant to make a necessary demand letter whether by personal delivery or registered
mail.

5. Establish the amount damage incurred from the complainant and all necessary elements of offense.

6.Take down the Sworn Statement of complainant.

7. File case for Violation Estafa (Article 315).

Procedures Handling Cases Bouncing Checks

The procedure handling cases Bouncing Check are follows (PNP, 2011, p.171):

1. Duly accomplished complaint sheet.

2. Interview the complainant obtain facts and circumstances before taking the sworn statements.

3. Obtain documentary evidence from the complainant for probative value;

a. The bounced/dishonored checks issued by the suspect/s.

b. Determine whether the dishonored checks are issued checks without sufficient funds issued with evidence
of knowledge insufficient funds.

4. Make sure that the bounced checks was properly marked by the drawee bank indicating therein whether the
reason thereof, i.e., "Account Closed" "Insufficiency of Funds"

5. Make necessary case referral before the Prosecutor's Office for Violation of BP 22.

Altering the Substance, Quantity or Quality of Things

The Revised Penal Code Article 315 1-A, penalizes the act Altering the Substance, Quantity or Quality of Things.
The elements this crime are follows:

 Offender has an onerous obligation to deliver something of value.

 He alters its: substance; quantity; and quality
 Damage or prejudice is caused to another.

The evidence needed to file the crime of Altering the Substance, Quantity or Quality of Things are (PNP, 2011, p.
172):

1. Testimonial Evidence - Affidavit of complainant and witnesses

2. Documentary Evidence - photographs, videos, police reports and other document

3. Object Evidence -stolen items, weapons and other devices

4. Other relevant evidence

Misappropriating/Converting Money or Goods

The crime of misappropriating/converting money or goods received in trust or commission or for

administrator or under any other obligation to deliver or return is penalized under the Revised Penal Code Article
315, 1-b. The elements of this crime are (PNP, 2011, p. 173):

 The accused receives personal property for administration, or under any obligation involving the duty to
make delivery of or to return, the same.

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 For safekeeping or on commission or for administration or under an obligation involving the obligation to
return the same but there is misappropriation or conversion or denial on his part of such receipt.
 The offender misappropriates or converts the thing received to the prejudice of another.
 That there is a demand made by the offended party on the offender.
 Other analogous acts.

The evidence needed to file the crime of misappropriating/ converting money or goods received in trust or
commission or for administrator or under any other obligation to deliver or return are:

1. Testimonial Evidence- Affidavit of complainant and witnesses

2. Documentary Evidence- photographs, videos, police reports and other documents

3. Object Evidence-bank records and other fund transfer

4. Other relevant evidence

Taking Undue Advantage of the Signature of the Offended Party in Blank

The crime of Taking Undue Advantage of the Signature of the Offended Party in Blank is punishable under
Revised Penal Code Article 315, 1-C. The elements of this crime are as follows (PNP, 2011, 173):

 Any paper with the offended party s signature in blank.

 Offended party delivers the said paper to the offender.
 Any document above the signature of the offended is written by the offender without authority to do so
 Prejudice to the offended party.
 Other analogous acts.

The evidence needed to file a crime of Taking Undue Advantage of the Signature of the Offended Party in Blank
are:

1. Testimonial Evidence- Affidavit of complainant and witnesses

2. Documentary Evidence - photographs, videos, police reports and other documents

3. Object Evidence – blank documents

4. Other relevant evidence

Other Forms of Swindling

Other Forms of Swindling are penalized under Article 316 of the Revised Penal code of the Philippines.
The Elements of other forms of swindling are as follows (PNP, 2011, p. 174):

 Any person who under pretense as the owner of a real property sells or mortgages the same.
 Any person knowing a real property to be encumbered
 and falsely representing the same to be unencumbered disposes of the same. Any owner of a personal
property wrongfully taking it from its lawful possessor to the prejudice of the latter or any third person.
 Any person who executes a fictitious contract to the prejudice of another.
 Any person who accepts compensation for services which were not actually rendered but given to him
under the belief that they were performed.
 Any surety in a bond in a civil or criminal case without court authority or before cancellation of his bond
sells or encumbers the properties offered as collaterals for the issuance of the bond.
 Other analogous acts.

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The evidence needed to file a crime of other forms of swindling are:

1. Testimonial Evidence - Affidavit of complainant and witnesses

2. Documentary Evidence - photographs, videos, police reports and other documents

3. Object Evidence - bank documents and other transactions

4. Other relevant evidence

Lesson 4

ARSON INVESTIGATION

Arson Investigation

Arson is penalized under Presidential Decree 1613; and Section 10 of Republic Act 7659 with regards
to the imposition of death penalty Arson is a classic heinous crime that requires skillful, scientific and systematic
investigation procedures. The Bureau of Fire Protection

(BFP) has the power to investigate all causes of fire and if

6975, 1990, Section 54), file the proper complaint with the City or provincial Prosecutor who has jurisdiction over
the case. The elements 0(the crime of Arson are (PNP, 2010, p.176):

 Any person burning a structure (edifice or building

 The burning is intentional and with intent to damage the property.
 Other analogous acts

Checklist for Investigations of Fire Causes

The tasks and responsibility of the fire arson investigators are not only limited to conducting exhaustive
investigations and filing of complaints with the prosecutor s office, but also includes the appearance and giving of
testimonies before the court of law during legal proceedings (PNP, 2010, p.177). Here is a checklist in
investigating Fire Causes (PNP, 11 p. 50):

1. Find out as much as possible about the fire before going to the scene and upon arrival. Obtain information
from the rescue services, from the owners of the building, from people who were in it and from neighbors
and eyewitnesses.
2. If the fire is still burning or was recently extinguished: Make notes of any observations on the way to the
scene Of the fire. Examples of interesting observations are oncoming vehicles and persons near the fire
scene.
3. If the fire is still burning when you arrive: Take photographs, video film and make a note of the times
when different things happen.
4. Cordon off the area or extend the existing cordon if necessary.
5. Make sure that a list is made of the people who enter the fire scene.
6. Preliminary orientation. Start immediately after the extinction of the fire. Study fire damage and fire
behavior. Decide whether to call in personnel from the SNLFS or other experts.
7. Preliminary determination of the origin of the fire. Get help from the incident commander and the firemen
who arrived on the scene first.
8. Initial debris removal. Before debris is' removed, the whole building must be photographed and video
filmed both inside and outside.
9. Final debris removal and cleanup. Start from the outside and work towards the point(s) of origin.
Photograph all objects found before they are moved. Photograph and document rooms less affected by
fire damage and undamaged rooms too.
10. Carry out a reconstruction. Put all objects back in their original places. Photograph and video film the
uncovered area both with and without the objects.

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11. Establish the origin of the fire.
12. Investigate any potential fire sources.
13. Establish the possible cause of the fire.

Basic Methods of fire Investigation

According to the PNP Criminal Investigation Manual (2010), here is the Basic Method of Fire Investigation:

A. Preservation of the Fire Scene

a. Consider the fire scene itself as evidence.
b. Avoid contamination, loss or unnecessary movement of physical evidence within the fire scene.
c. Secure the fire scene from unauthorized intrusion.
d. Limit the access in the fire scene to those persons who only need to be there.
B. Examination of the Fire Scone
a. Examination should be
b. Analyze fire
c. Trace fire spread
d. Identify
e. Identify the fuel involved
f. Establish the corpus delicti by eliminating all-natural or accidental causes
C. Recording the Fire Scene
a. Take photographs of the following:
i. Exterior Views.
ii. Identification Of the property / Signage or house addresses number,
iii. Out-building and grounds / Aerial photographs.
iv. Interior of the building, room by room, in logical sequence. The serieg of ghotg should
start at the main door / entrance of the premises going inside, Serieg of photographs should
algo depict unburned areas of the building,
v. Evidence, prior to removal, in cloge•up and wide angle shots. Use of "Title Sheet" that
shows identifying information of evidence is mandatory (date / location of evidence /
investigating team and other situational information).
vi. Travel of fire or burn and flame spread patterns.
vii. Label each canister of film used to prevent confusion oreloss and maintain Photographic
Log (photo record).

b. Label each canister of film used to prevent confusion or loss and maintain Photographic Log
(photo record).

D. Fire Scene Sketch - A sketch is made to assist investigators in presenting a clear picture of the involved
building to the court. The details may be general approximation or precise measurements. Supplemented
by photographs, drawings of damage patterns, good documentation of a fire scene can assist an
investigator in re-analyzing a fire scene if previously unknown information becomes available (PNP,
2010, p. 181).

E. Physical Evidence Examination and Testing

a. Physical evidence should be thoroughly documented before removal.
b. Evidence must be collected, identified, preserved and transported to the laboratory in the best
possible condition. Every effort should be made to prevent contamination of materials secured as
evidence. Containers for evidence may consist of thick self sealing plastic bags ofvarious sizes,
clean glass mason jars with rubber washers and screw tops, metal cans with clean pressure or
plastic lids, clean glass bottles with screw caps, and card-board or plastic boxes of assorted sizes.
c. Maintain the security and integrity of physical evidence frorn the time of its initial recovery and
collection to its subsequent examination and testing.
d. Evidence containing latent prints should be protected so as not to smudge or destroy the prints.

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e. A letterofinstruction should be sent to the laboratory with the evidence, describing the same and
what the investigator expects the laboratory technician to recover via the various laboratory
processes.

F. Sources of Information
a. Preliminary interview with the owners / occupants
i. This interview is conducted to ascertain the name(s) of owner(s) / occupant(s), insurance data,
employment, etc.
ii. Nothing should be said or implied during this interview to indicate any suspicion about the person
interviewed.
iii. Information obtained in these preliminary contacts may provide a possible clue ag to an
accidental fire, or leads on possible suspects and motives.

b. Insurance Firm
i. The insurance agent or broker will provide the name of the company/ies, policy number(s), terms
of the insurance and expiration dates, mortgage payable clause, name of the adjuster, and whether
or not the insurance was in the period of cancellation.
ii. It should also be ascertained, from the agent / broker who solicited the business, who suggested
the amount of coverage and whether the premium payment was current or delinquent.
iii. The insurance adjusters can provide complete insurance information regarding the loss.
iv. Adjusters can also supply any statements taken from the assured and can be able to provide a
sworn proof of loss, which will include specific items claimed to be damaged or lost and which
may provide the investigator with information indicating an attempted fraud.
v. Should the, investigation indicate probable fraud, the adjuster can request the interested insurance
company/ies to withhold payment during the course of the investigation.

c. Neighborhood Inquiry
i. When conducting a neighborhood inquiry, interview persons within a wide area of the
surrounding community. Interview the person who discovered the fire, how he/she happened to
be in the area, the location of the fire when initially observed and other pertinent facts.
ii. Interview the person who turned on the alarm.
iii. Obtain observations from neighbors concerning the fire, prior to, during and after the fire.
iv. Ascertain the relationship of the owners(s)/ occupants(s) with the neighbors.
v. Witness(es) may be able to provide information relative to the insured domestic life, financial
condition, anticipated sale of the property and problems with property such as flooding, heating,
change of routes, etc.
vi. It is sometimes useful to take statements any witnesses who appear to be hostile or may later
change their testimonies.

d. Public Records

i. Legal records: deeds, mortgages of real and chattels; liens, encumbrance; local national taxes;
hospital and mental records.
ii. Financial and credit information: building and loan associations; charge accounts; utilities (i.e. ,
gas, water, electricity, telephone) servicemen (i.e., newsboy, milkman, etc.)
iii. Employment records, military school records, juvenile court records.

Questioning Principal Suspects

Prior preparation will determine when the investigator should conduct the initial questioning. All
background information pertaining to the suspect and the matter under investigation should be known to
the investigators prior to the interview (PNP, 2010, p. 183). Principal witnesses should be questioned
separately. The fewer the investigators present at the interview (two is an ideal team), the more prone the
suspect will be to divulge information (PNP, 2010, p. 184).

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Guidelines Regarding Statements

 Tape-recorded statements - It should be made on a permanent recording, for their

preservation to avoid any alterations and to ensure their availability to the court, if necessary.
Once started, a tape recorder should operate continuously. If for any reason the recorder is shut
off, the subject should be made aware of this and when the recording is resumed, the reason for
shutting off the recorder should be noted. The subject should be asked if he/she was promised of
any reward, threatened, or forced to continue his / her statement (PNP, 2010, p. 184).

 Shorthand Notes- the stenographer should be introduced to the subject. Some investigators
request the subject to initial all pages of the shorthand notes

 Statements may be narrative or question-and-answer type. There may be times when the subject
will write his own statement, and this is desirable (PNP, 2010, p. 184).

 Statements should contain a complete personal history ofthe principal subject, associates,
complete and accurate account of the purchases, lease of rental of the involved property, any
strikes, personnel problems, loss of business, neighborhood change, highway changes,
inventory, a complete account of his activities, prior to, during and after the time of fire, etc.

REPORTING ARSON INVESTIGATION

Preliminary Report

According to the PNP Criminal Investigation Manual (2010), It is not necessary to go into details in
preparing a preliminary report. This report should be submitted to the supervisor as soon as possible after
Preliminary investigation. The preliminary report on Arson should include the following:

 Owner - his / her personal circumstances

 Occupants — their personal circumstances
 Date and hours of fire- Time fire started and Fire Out
 Location of fire,- this includes the street address, city or municipality, province
 Person requesting investigation and date of request
 Brief description of the building - refers to the construction and occupancy.
 Available insurance data:
 Name and address of agent
 Name and address of adjuster
 Investigator s conclusion as to the cause of the fire- Is it accidental? Suspicious? Incendiary?

 Reason for closing the investigation- Accident report may be concluded with the preliminary report.
 Reason for continuing the investigation- Note what action is expected to be taken by the investigator.
 Date of preliminary investigation
 Date of report
 Resume of the facts and information obtained during the course of the preliminary investigation. It should
cite the details for the investigator s conclusions.

Final Report

Final report contains a word picture of all information developed during the investigation. All materials
included should be concise, accurate and complete, as it becomes a permanent record and may be used by
prosecutors and attorneys in the preparation of cases for trial (PNP, 2010, p.186). The final report on Arson
should include the following:

A. Case number
B. Date of report

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C. Name, title, address of person requesting investigation and date of request
D. Subject: owner(s) or occupant(s), and personal circumstances
E. Date and hour of fire alarm
F. weather conditions, especially wind direction and strength.
G. Complete and detailed descriptions of building - this includes the height, construction, type of roof,
wiring, plumbing, heating device, air conditioning, fuel load etc. (Attach sketch). If an automobile or
non-structure fire, describe and give the serial number, license number, make, model, etc.
H. Location of loss - If in the city, give the street name and number and city name. If rural, give mailing
address, distance and direction from the nearest road intersection, plot or lot number, etc.
I. Occupants
a. Dwelling: List name, age, race, relationship, present address, telephone number, place of
employment. If multiple dwelling, contact all occupants and obtain the above information.
b. Commercial / Institutions: List names, titles and addresses of all offcer and supervisory
personnel.
J. Fire History- this is composed of the following:
a. Name and personal circumstances of person(s) who discovered or reported the fire.
b. Fire departments and companies responded and omcers in charge,
c. Detailed history of the fire as learned from BFP personnel. In this paragraph, list any unusual
circumstances observed by firemen in extinguishing the fire.
K. Insurance - this includes the following:
a. List name, address, telephone number of company, amount of insurance, date and number of
policy and to whom it was issued.
b. Agent's name, address, telephone number and name of company.
c. Adjuster's name, address, telephone number and name of company.
L. Evidence - this is composed of What was found, the date, time, location and who now has custody;
names; titles and addresses of persons securing evidence; how marked; date and time evidence was taken
to the laboratory, receipt to be made a part of the report. Reports from the laboratory should also be made
a part of the report. Evidence should be secured until the case is disposed of.
M. Photographs - Note the type of camera used to take the photos; the name, title and address of the person
taking the photos; the name and address of the person or firm developing the prints; type of film used.
List the order in which the photographs were taken, and what each depicts. Note: who has custody of the
negatives.
N. Fingerprints - if available include three copies of fingerprints and photos of suspect(s)
O. Suspects - this includes the names, aliases and nicknames of the suspect(s), the present address,
occupation, places of enjoyment, habits, associates, family history, and past criminal records and physical
descriptions.
P. Motive - this pertains to the reason or reasons why the suspect committed the crime. The suspect might
have related his motives for the commission of the crime, or they may be deduced from the statements of
witnesses.
Q. Modus Operandi - It Describe or narrate in the investigator s own words the method, system or manner
by which the suspect entered the building, such as by using a key, forcing a window or door open. Also
outline suspects actions before, during and after the crime.
R. Property - this is the list of the articles that were removed from the premises before the fire, and if
recovered, give the name and address of the holder. It also includes any articles that the owner said were
in the fire and which you were not able to identify as being there.
S. Witnesses - this includes the names and personal circumstances of witnesses, their occupation, reliability
and availability. State what each can testi$r to and, if possible, state whether a witness is„prejudiced for or
against the subject. Include a written report of all statements obtained from witnesses
T. Financial Reports - refers to the reports of the financial status of owners, suspects or the accused,
example: bank statements, mortgage, debts, bankruptcy, and information pertaining to deeds, titles, and
taxes,
U. Court Action - This includes the defendant's name, ages, and addresses. Give the names and addresses of
the court's presiding judge, the prosecutor and defense counsel.

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V. Assisting Officers - this includes Police, and fire arson investigators of the Bureau of Fire Protection,
NBI agents, etc.
W. We Subsequent Reporting - refers to additional information to be reported.

Lesson 5
Confession vs Admission

Confession
1. There is declaration of the person(accused);
2. The accused acknowledged guilt from the commission of a crime;
3. Guilt is admitted.
Admission
1. There is statement of the person (accused);
2. The person only agreed on facts or circumstances of the crime;
3. There is no acceptance of guilt

CONFESSION– is the direct acknowledgement of guilt arising from the commission of a crime.

Kinds of Confession
1. Extra Judicial Confession. It is a confession that is made by the suspect during custodial investigation or
confessions that are made outside of the Court.

Sec, Rule 133, Rules of Court stated that:

“Extra judicial confession is not sufficient ground for conviction An extra judicial confession made by an
accused,
Shall not be sufficient ground for conviction, unless corroborated by evidence of corpus delecti-body of the
crime.”

The reason for the above rule is to guard the accused against conviction based upon false confession of guilt. It is
possible that a person might have confessed his/her guilt regarding an offense, which someone has committed and
when asked of his/her victim of the nature of the injuries inflicted by him/her, it does not coincide with the
identity of nature of the injuries, received by the victim.

Types of Extra-Judicial Confession

a. Voluntary Extra-judicial Confession. The confession is voluntary when the accused speaks of free will and
accord, without inducement of any kind , with a full and complete knowledge of the nature and the
consequence of the confession. And when the apeakingis so free from the influences affecting the will of the
accused, at the time the confession was made that it renders it admissible in evidence against him.
b. Involuntary Extra-judicial Confession. This confession obtained through force, threat, intimidation, duress
or anything influencing the voluntary act of the confessor (CBSI Editorial Staff, 1999)

Note: Confessions obtained from the defendant by means of the force of intimidation through force or
intimidation/violence is null and void, and cannot be used against him/her during trial (Doctrine of Poisonous
Tree).

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2. Judicial Confession. This confession is made by the accused in open court. The plea of guilt maybe made
during arraignment or any stage of the proceedings where the accused changes plea of not guilty to guilty.
This is conclusive upon the court and may be considered to be a mitigating circumstance to criminal liability.

A plea of guilty when formally entered on arraignment is sustain conviction of any offense, even a capital one,
proof (CBSI Editorial Staff, 1999)

In order for confession to become valid, the following requirements must confer such that;

1. The person making confession must be appraised of his constitutional rights as provided by Miranda
doctrine such that he has the right to remain silent that anything he will say can be used against him and
be provided with an independent and competent counsel;
2. If the person making confession waived his right, it must be done upon a valid waiver with the assistance
of a counsel. Waiver refers to the document signed by the person making the confession renouncing all
his rights as provided by the constitution; and
3. There was no third degree use. Third degree simply means as the use of physical force, intimidation,
threat, or any similar means done to obtain confession.

However, Miranda warning need not be applied in cases where the confession was done voluntary or made
spontaneously such that;

1. The person was running to the police station and suddenly spoke out that he killed a person;
2. The person subjected to fingerprint or be taken handwriting sample or doing a lineup for sobriety test.
3. Field questioning or in the crime scene.
4. Roadside questioning or any traffic stops; or
5. Any other minor violation.

ADMISSION– is a self-incriminatory statement by the subject falling short of an acknowledgement of guilt. It is

an acknowledgement of a fact or circumstances from which guilt maybe inferred. It implicates but does not
incriminate. It is also an acknowledgement that a fact, action or circumstances are true which strongly infer or
directly admit guilt but lacks the detail of the elements of the crime.

A judicial admission is a formal stipulation by party or counsel that concedes any element of a claim or
defense. ' Its effect is to determine the issue conclusively, to dispense entirely with the need for further evidence.

Extrajudicial admission means an admission made in proceedings outside court.

RULES TO BE OBSERVED IN TAKING CONFESSION OR ADMISSION

1. Confession or admission must be taken preferably in writing and under oath.

2. It must be written in the language known and understood by the accused, if not it must be clearly
translated.
3. It must be freely and voluntary given by the accused.
4. Under the New Constitution, it must be taken in the presence of competent and independent counsel
chosen by the accused.

Rule 129, Rules of the Court affirmed that:

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“Judicial admission made by the party in the pleadings, or in of the trial or the other proceedings do not require
proof contradicted unless previously shown to have been through palpable mistake.

Lesson 6
Interview and Interrogation
“The RIGHT person asking the RIGHT question to the RIGHT person at the RIGHT place and at the RIGHT time
will get the RIGHT answer.”
Common Terms use

Interviewer - a person who conducts interview

Interviewee - refers to a person being interviewed
Interrogation- is the vigorous and confrontational questioning of a reluctant suspect about his participation in a
crime.
Custodial Interrogation or Investigation- is the investigation conducted by the investigator on the suspect who
is under police custody.
Debriefing- is the interrogation of a friendly interrogee who has information at the direction of or under the
control of friendly unintelligence service.
Interrogation Report- is an oral or written statement of information by the questioning of an interrogee.
Interrogator- is a person who does the questioning.
Interrogee- refers to any person subjected to the interrogation process.
Screening- is the initial examination of an interrogee to determine the extent of his knowledge.
Source- refers to any person who for any reason submits information of intelligence interest usually on a
voluntary basis.
Suspect- refers to any person believed to be associated with prohibited activity.
Witness- refers to any person who has directs knowledge of facts concerning an event or activity.

Interview
Interview is the simple questioning of the person believed to possess information, which are relevant to
the investigation of a crime or on criminal activities. In an interview, the interviewee is willing and cooperative
with the person conducting the interview.

General Kinds of Interview

1. Cognitive interview- This is conducted to willing and cooperative witnesses, Where they are given the
full opportunity to narrate their account without intervention, interruption and interference from the interviewer.
After the subject finished his/her narration, the investigator now subject him/her to the style of direct examination
and cross-examination, to clarify the unexplained portions to arrive at a vivid and complete picture of the
testimony.
2. Question and Answer- This interview as practiced by some investigators requires the interviewee to
answer the question posed by the investigator. The interviewee is required to answer on what he/she knows about
what is being asked. In the case of subjects of low level of intelligence, the use of leading question greatly helps
the investigator to obtain the full and desired information (Garcia, 2004).

Golden Rule in Interview

“Never allow the interviewer to conduct nor let anyone to conduct an interview without prior visit to the crime
scene.”

The questioning should be in agreement with the facts and conditions at the crime scene. The questioning
will lead wayward for the interviewer who had not seen personally the crime scene and he/she will not be in a
position to distinguish half-truths, exaggerations of falsehood from the answers of the person being interviewed
(Sadili& Pena, 1998).

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Qualities of a Good Interviewer
1. Rapport- It refers to the good relation between the interviewer and the interviewee, which is conducive
to the fruitful result. It is winning the confidence of a person being interviewed in order that he will tell all the
information in his/her possession. The interviewer must be in a Respectable civilian attire because, most often and
the majority of people, the police uniform is barrier in establishing good rapport. To many, the uniform is
intimidating.
2. Forceful Personality- The appearance of the interviewer and other qualities such as skills of
communication techniques or the force of language are the mainstays or the strength of his character. He/she must
be understanding, sympathetic and without showing official arrogance, vulgarity of expressions and air superioty.
3. Knowledge on Psychology/Psychiatry- This will help the interviewer determine the personality and
intelligence of the subject; he/she must go down and up to the level of understanding of his/her particular subject.
4. Conversational Tone of voice- investigators tone of voice must be conversational, not confrontational
as in interrogation. It means that the interviewer must know how to appropriately use his/her voice normally,
without unusual loudness that may affect the interview process.
5. Acting Qualities- He/she must possess the qualities of an actor, salesman and psychologist and know
how to use the power of persuasion. This is done to convince the person to disclose what he/she knows about the
issue being investigated.
6. Humility- he/she must be courteous, Sympathetic and humble, ready to ask apologies for the
inconvenience of the interview. This is usually done at the end of the interview that may give a good impression
to the person being interviewed (Garcia, 2004).
Reasons Why Witnesses Refuse to Testify
1. Fear of Reprisal
2. Great Inconvenience
3. Hatred against the Police
4. Because of Bias of Witness
5. Avoidance of Publicity
6. Family Restriction

Phases of Interview
1. Preparation. Investigator must review the facts at the crime scene and information from other sources in
order that he/she would be ready for the questioning. A background data of the subject should be
available so that he/she could adapt himself/herself to kind of approach to be employed.
2. Approach. This is done through investigator’s careful selection of the kind of approach to use, which
maybe a single kind, a combination of two application of all techniques.
3. Warming Up. This is done by preliminary or exploratory questions to clear the atmosphere and promote
a conductive place for cordiality, respect and trust for each other.
4. Cognitive Interview. This is performed by allowing or already asking now the subject to narrate his/her
account without interruption, intervention or interference. It is only after the completion of the
uninterrupted narration that investigator begins the direct and cross-examinations (Garcia, 2004).
Rules of Questioning
1. One question at a time
2. Avoid implied answer
3. Simplicity of question
4. Saving face
5. Yes and no answer
Types of Witnesses
1. Know-nothing Type.
2. Disinterested Type
3. The Drunken Type

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4. Talkative Type
5. Honest Witness
6. Deceitful Witness
7. Confidentiality of the information
8. Refusal to Talk Witness

What is an Investigative Interview?

Interview is defined as a structured conversation where one person or the "interviewer" seeks to gather
information from another or the "interviewee" as part of any investigation or intelligence operation. The objective
is to obtain accurate and reliable information while respecting human rights; eliciting facts is the aim, not a
confession. In the process of interviewing suspects there is the added potential goal of obtaining an admission of
guilt or a confession. However, this must not be the primary or sole purpose of the interview as even a confession
must be substantiated by information and evidence. This will reduce the likelihood of a false confession and will
also enable officers to present a stronger case against the suspect, should a confession later be retracted.
Investigative interviewing, is a technique developed by is practitioners to respond to the large body of
scientific evidence that abusive and coercive techniques elicit unreliable information. It uses building rapport with
the interviewee, which prevents abusive practices. and also improves the collection and reliability of information.
It is a non-coercive approach using open questions to improve the flow of communication and information
(Norwegian Center for Human Rights, 2017).

Goals of Investigative Interview

1. Eliciting more accurate and reliable information during interviews.
2. Strengthening the capacity, efficiency, and professionalism of interviewers.
3. Eliminating reliance on unlawful, ineffective, and counterproductive coercive questioning techniques.
4. Providing successful, affordable, and accessible methods and practices with minimal resources.
5. Delivering more effective information-gathering operations.
6. Fostering greater public trust in and cooperation with criminal justice institutions
7. Ensuring that no person is subjected to coercion, torture or other forms of ill treatment.
8. Protecting the physical and mental integrity of all persons who interact with public authorities.

What is Interrogation?
Interrogation is a process of questioning by which police obtain evidence. The purpose of an interrogation is to
elicit from the suspect or from his or her relatives or associates information that they may be suppressing in order
to protect the suspect from being subjected to criminal prosecution (Galero-Müftüoğlu, 2017, p. 187).

Goals of Interrogation
1. To find out the truth about crime.
2. To obtain an admission or confession of guilt from the suspect.
3. To gain all facts on order to determine the method of operation or modus operandi and the circumstances
of the crime in question.
4. To collect information that guides investigators to arrive at logical conclusion.
Three Objectives of Interrogation
Aside from obtaining information detrimental to a suspect's case, the following are the three objectives of
interrogation (Galero -Müftüoğlu, 2017, p. 188):
1. Establish the innocence of a suspect by clearing up facts that seem to point to guilt:
2. Obtain from the suspect or relatives and friends of the suspect:
a. The names of accomplices;
b. The facts and circumstances surrounding the crime:

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c. Follow-up leads provided unwittingly, or with ulterior motive, such as faking an alibi;
d. The location of stolen goods;
e. The location of physical evidence, such as documents, a weapon, or a burglar's tool.
3. Obtain from the suspect alone:
a. Admission - it refers to the express or implied statement tending to support the suspect's involvement
in the crime, but insufficient by itself to prove guilt;
b. Confession-it pertains to an oral or written statement acknowledging guilt.
What is the main purpose of Interrogation?
The main intention of interrogation is to obtain confession or admission from the suspect and to learn relevant
information from uncooperative witness.
When the accused confessed the commission of a crime he/she accepts the facts constituting the offense but if
he /she interposes self-defense or other exculpatory grounds, then the acknowledgement is not a confession
but admission (Dalilis&Pagnas, 2003)

Forms of Interrogation
1. Direct – the subject is aware but he may not learn the true objectives of the interrogation
2. Indirect – the subject is aware.

Techniques of Interrogation
1. Emotional Appeal. This is a technique where by the investigator, combining the skills of an actor and a
psychologist, addresses the suspect with an emotional appeal to confess. This is applicable to first time
offenders of those who are of the emotional type of characteristics displayed by nervousness or emotional
disturbances. Devotees of a religion may belong to this type.
2. Sympathetic Approach. The investigators, in his/her preliminary or probing questions must dig deep into the
past troubles, plight and unfortunate events in the life of the suspect. An offer of help, kindness, Friendliness,
may win his cooperation.
3. Friendliness. A friendly approach coupled with a posture of sincerity may induce the suspect confess.
4. Trick and Bluff Techniques:
a. Pretense of Solid Evidence. The Investigator bluffs the suspect that even if she/he will not confess,
there is enough evidence to send him/her to jail. If confession is made, the investigator will see to it that
his/her prison term will be within the range of probation.
b. Weakest Link. Among the suspects, there must be a careful selection of who among them is the
weakest link where the interrogation will begin. By tricks and bluffs, this weakest link will be told that
his/her companions had already confessed and that this weakest link had dealt that fatal blow of that he
received the lion share of the loot in order to intrigue him.
c. Drama. The weakest link maybe used to fake pain and agony by ordering him/her to shout,
accompanied by banging a chair on the wall to make it appear that a commotion is going on. The other
suspects in separate rooms must hear the drama before telling them that their partner had confessed.
5. Feigning Contact with Family Members. The suspect could be tricked that the investigator had
gone to the residence and the family members had supplied facts against the suspect. The suspect’s
family will be dragged into the investigation if the suspect will not confess.
6. Line Up. The complainant, witness or victim is requested to point positively to the suspect in the
police line-up. The witnesses’ victims or complaint are previously coached about the identity of the
suspect.
7. Reverse Line Up. The suspect is placed among other persons in a line up and he/she is identified
by several complainants and witnesses who will associate the suspect in other several crimes. This
will cause the suspect to become desperate and confess only to the case under investigation, to
avoid from being charged on false accusations (Garcia, 2044).
8. Stern Approach. The investigator displays a stern (demands immediate response) personality
towards the suspect by using the following methods:

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 Jolting. In the questioning process, the investigator selects the right moment to shout a
pertinent question in an apparent righteous outrage. The suspect’s nerves will break to a
confession.
 Opportunity to Lie. The suspect is given all the opportunities to lie. The suspect is questioned
about his/her personal life, family, friends and his/her knowledge about the compliant and
witnesses. Then the suspect is questioned about his/her activity prior, during and after the
commission of the crime. This is repeated many times, to include the investigator focusing
questions about the knowledge of the suspect of the crime. The suspect will be enmeshed in
contradictions, which is now capitalized by the investigator to get the truth from the suspect. If
possible, the interrogation must be taped recorded for purposes of emphasis during the
confrontation of the contradictions.
 Mutt and Jeff or Sweet and Sour Method. The first set of investigators must appear to be
rough, mean and dangerous. When they had finished the interrogation, the second investigator
intervenes by stopping the first set of investigators. By being sympathetic and understanding,
he/she begins his interrogation. If the suspect still refuses to cooperate, then the process is
repeated until there is a confession (Mitchell, 2002).
 Removing the Ethnic or Cultural Barrier. If the suspect is an “Ifugao” (person from Ifugao
province), then preferably, an Ifugao investigator is recommended to interrogate him, the same
with other ethnic or cultural groups. It is a Filipino’s way of life that people put trust and
confidence to those who belong to their clan or tribe. The interrogation must be in the language
or dialect of the suspect to get his confidence. This is removing the dialect/language barrier.
 Searching for the Soft Spot. In every man’s heart, there is always that softest spot. The heart
may have been hardened to steel by poverty, destitution, hopelessness, despair, apathy,
indifference, injustice, hatred in other factors, yet there is always that spot which could be
discovered by the investigator through his/her knowledge of human behavior. That spots maybe
the youngest child, the wife, the mother and the brother who acted as his father, the
grandparents or the best friend. Once discovered, there must be a face-to-face meeting with that
special person and that heart of steel will melt to pieces. This technique is not only used during
interrogation but also during crisis management in hostage situations.
9. Rationalization. It is the use of reasons, which is acceptable to the subject that led to the commission of the
crime. Thus, it may be said that sometimes, killing is a necessity rather than by purpose or design. Robbery is
maybe a necessity to feed a starving family. The application of this technique depends upon the nature of the
crime.
10. Projection. It is the process of putting the blame to other persons, not alone to the suspect. The murderer may
blame the mastermind for corrupting him/her with big sums of money or the mastermind blaming the
greediness of the victim or the husband blaming the wife for her infidelity. Or that it is a necessary evil as the
victim is planning to kill the suspect.
11. Minimization. It is the act of minimizing the culpability of the suspect.The investigator convinces the suspect
that a confession will reduce the offense and the penalty. Thus, the investigator could study it if there is a way
to downgrade murder to homicide or the introduction of mitigating circumstances with the result of the
penalty being within the range of probation (Garcia, 2004).

Apparent Signs of Deception

The following unusual situation posed by the subject during the interrogation must be observed by the
investigator.
1. Excessive Sweating. The profuse sweating indicates tension, anxiety, shock or fear. Extreme nervousness
is also the cause of sweating.
2. Change of Facial Color. Anger is indicated if the face is blushing. It is also the result of extreme
nervousness or embarrassment. It is necessary as a sign of deception or guilt.A pale face is reliable
indicator of guilt or deception.
3. Dry Mouth. This is a sign of great tension and is a reliable symptom of deception. Swallowing, constant
movement of the Adam’s apple and sweating of the lips are indications of dryness of the mouth.

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4. Excessive Breathing. An effort to control breathing during the critical questioning is an indication of
deception.Gasping of breath is the ultimate result of the control in breathing.
5. Increase of Pulse Beat. When observed at the side of the neck, the investigator has to discover the
increase of pulse beat which is indicative of deception.
6. Avoidance of Direct Eye Contact. This may indicate guilt or deception. Misty or teary eyes indicate
remorse or repentance (Dalilis & Pagnas, 2003)

Lesson 7

INTERROGATION/INTERVIEW METHODS
Reid Method
Reid Method, also known as The Reid Technique of Interviewing and Interrogation, is the interrogation
technique widely used by police departments," The Reid Technique involves three components namely
A. Factual Analysis
It is an inductive approach where each individual suspect is evaluated with respect to specific
observations relating to the crime. It relies not only on crime scene analysis, but also on information learned about
each suspect. Its goal is establishing an estimate of a particular suspect's probable guilt or innocence based on
such things as the suspect's bio-social status like: gender, race, occupation, marital status, etc., opportunity and
access to commit the crime, their behavior before and after the crime, their motivations and propensity to commit
the crime, and evaluation of physical and circumstantial evidence (Inbau, F., Reid, J.E., Buckley, J. et al., 2013, p.
89).
It is also intended to identify characteristics about the suspect and the crime which will be helpful during
an interrogation of the suspect believed to be guilty such as motive or the suspect's personality type (Inbau, F.,
Reid, J.E., Buckley, J. et al., 2013, p. 99).

B. Behavior Analysis Interview

It is a non-accusatory question and answer session, involving both standard investigative questions and
structured 'behavior provoking' questions to elicit behavior symptoms of truth or deception from the person being
interviewed. The investigator first asks background questions, to establish personal information about the suspect
and allow the investigator to evaluate the suspect's normal verbal and nonverbal behavior.
The investigator then asks behavior provoking questions intended to elicit different verbal and nonverbal
responses from truthful and deceptive suspects (Inbau, F., Reid, J.E., Buckley, J. et al., 2013, p. 63). The
investigator will also ask some investigative questions during this stage. It provides objective criteria to render an
opinion about the suspect's truthfulness through evaluating responses to the behavior-provoking and investigative
questions.

C. Interrogation (NINE Steps)

An interrogation only occurs when the investigator is reasonably certain of the suspect's involvement in the issue
under investigation (Inbau, F., Reid, J.E., Buckley, J. et al., 2013, p. 99).
This is composed of Nine steps they are: (Inbau, F., Reid, J.E., Buckley, J. et al., 2013, p. 100):
1. Direct, Positive Confrontation. This is where the investigator tells the suspect that the evidence
demonstrates the guilt. If the person's guilt seems clear to the investigator, the statement should be unequivocal
(Inbau, F., Reid, J.E., Buckley, J. et al., 2013, p. 107).
2. Theme Development. This is where the investigator presents a moral justification (theme) for the
offense, such as placing the moral blame on someone else or outside circumstances. The investigator presents the
theme in a monologue and in a sympathetic manner (Inbau, F., Reid, J.E., Buckley, J. et al., 2013, p. 115).

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3. Handling Denials. When the suspect asks for permission to speak at this stage, likely to deny the
accusations, the investigator should discourage allowing the suspect to do so. The innocent suspects are less likely
to ask for permission and more likely to promptly and unequivocally deny the accusation. It is very rare for an
innocent suspect to move past this denial state (Inbau, F., Reid, J.E., Buckley, J. et al., 2013, p. 139).
4. Overcoming Objections. When attempts at denial do not succeed, a guilty suspect often makes
objections to support a claim of innocence, phrases such as I would never do that because I love my job are
commonly used. The investigator should generally accept these objections as if they were truthful, rather than
arguing with the suspect, and use the objections to further develop the theme (Inbau, F., Reid, J.E., Buckley, J. et
al., 2013, p. 149).
5. Procurement and Retention of Suspect's Attention. The investigator must procure the suspect's
attention so that the suspect focuses on the investigator's theme rather than on punishment. One way the
investigator can do this is to close the physical distance between himself or herself and the suspect. The
investigator should also channel the theme down to the probable alternative components (Inbau, F., Reid, J.E.,
Buckley, J. et al., 2013, p. 155).
6. Handling the Suspect's Passive Mood. The investigator needs to intensify the theme presentation and
concentrate on the central reasons he or she is offering as psychological justification and continue to display an
understanding and sympathetic demeanor in urging the suspect to tell the truth (Inbau, F., Reid, J.E., Buckley, J.
et al., 2013, p. 161).
7. Presenting an Alternative Question. The investigator should present two choices, assuming the
suspect's guilt and develop as a logical extension from the theme, with one alternative offering a better
justification for the crime e.g., "Did you plan this thing out or did it just happen on the spur of the moment? The
investigator may follow the question with a supporting statement "which encourages the suspect to choose the
more understandable side of the alternative (Inbau, F., Reid, J.E., Buckley, J. et al., 2013, p. 168).

8. Having the Suspect Relate Details of the Offense After the suspect accepts one side of the alternative
thus admitting guilt, the investigator should immediately respond with a statement of reinforcement
acknowledging that admission. The investigator then seeks to obtain a brief oral review of the basic events, before
asking more detailed questions (Inbau, F., Reid, J.E., Buckley, J. et al., 2013, p. 176).
9. Converting an Oral Confession to a Written Confession. The investigator must convert the oral
confession into a written or recorded confession. The website provides some guidelines, such as repeating
Miranda warnings, avoiding leading questions, and using the suspect's own language (Inbau, F., Reid, J.E.,
Buckley, J. et al., 2013, p. 182).

PEACE Method
PEACE model (Planning and Preparation, Engage and Explain, Account, Closure, Evaluation),
developed in the United Kingdom in response to a number of documented forced confessions and associated
wrongful convictions in the 1980s and '90s (Norwegian Center for Human Rights, 2017).

Step One: Planning and Preparation

It is one of the most important steps in investigative interviewing; without it, interviews may fail before
they even begin. Planning-refers to the process of getting ready to interview, both mentally and strategically.
Preparation-covers what needs to be ready prior to the interview such as the location of the interview, the
environment, as well as technical and administrative matters.

Essential Elements of Good Planning

 Obtain as much background information as possible on the incident under investigation, including all
relevant information on the person to be interviewed.

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 Understand the purpose of the interview based on an investigation plan recognizing all the relevant and
competing hypotheses to be explored, including the possibility that the suspect is innocent
 Assess what additional information is needed and how it can be best obtained
 Follow the legislation and associated guidelines and rules
 Prepare the technicalities of the interview (attending to exhibits, logistics, venue, equipment functioning,
seating, lawyer, interpreter, and so on) (Norwegian Center for Human Rights, 2017).

Step Two: Engage and Explain

Engaging the interviewee and establishing rapport is the first step to encouraging a conversation. It is the
most influential factor in ensuring productive interviews (Norwegian Center for Human Rights, 2017). At the
outset the interviewee must be informed why they have been brought in for questioning and of the formalities that
apply. Officers must be aware that being interviewed can make people nervous and conversation that calms the
interviewee may be needed. However, interviewers shall not work towards a pretend "friendship" with
interviewees.
The aim is to engage the interviewee so that a cooperative and relaxed relationship (one that stimulates
memory and communication) is sustained throughout the interview (Boyle, and Vullierme, 2015, p. 23). In
engaging with the interviewee the officer should seek the following (Norwegian Center for Human Rights, 2017):
1. Create an empathetic and respectful relationship from the outset
2. Explain the reasons, background, rights, formalities and procedures for the interview, including
information about audio/video recording
3. Establish certain ground rules by telling interviewees:

 That what they have to say is important so they need to report everything they can and try their
hardest not to leave anything out
 Not to edit as they go even if they believe some information has no relevance to the matter being
investigated
 That they need to concentrate because striving to retrieve memories can be hard work
 That they should feel free to speak up if the officer: asks a question they do not understand; asks a
question they do not know the answer to; misunderstands what the interviewee has said; asks a
leading or inappropriate question
Step Three: Account
Interviewers should allow the interviewee to present their uninterrupted free account of the case or event
under investigation; this is after establishing the rapport and explaining the ground rules for the interview. It is
important that the interviewee is provided with the opportunity to present their side of the story, before more
detailed questions are asked (Norwegian Center for Human Rights, 2017).
Three main steps in getting the free account from the interviewee:
1. Introduce and explain the form and purpose of the free and uninterrupted account
2. Hand over the initiative ("give the floor") to the victim, witness or suspect (as applicable)
3. Employ active listening while the interviewee presents the free and uninterrupted account
Active listening assists the interviewer to establish rapport and help elicit a full and accurate account. Use TED'S
PIE: Tell me, Explain, Describe Show Me-Precisely, In detail, Exactly. Using this approach helps build rapport
and prevents the interviewer contaminating the account being given. The TED'S PIE-approach makes use of
encouragements/ invitations to obtain an account (Norwegian Center for Human Rights, 2017).

Types of Questioning
Open-ended Questions

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Refers to the questions that allow the suspect to reply with longer, more detailed responses and lack
direction from the interviewer. These can be questions such as: "What happened?" or questions that begin by
asking the suspect to tell", "explain"or"describe" some event or situation (Boyle, and Vullierme, 2015, p. 26).

Closed Questions
Refers to the questions that require more definite and distinct answers. Examples include, "What time was
that?" "Who else was present?","What is his address?" Such questions allow more control over what the suspect
says and are useful where the suspect has left out information that you need. However, they can limit the account
given (Boyle, and Vullierme, 2015, p. 26).

Forced-choice Questions
Refers to the questions that greatly restrict the possible answers to those that you have determined. The
question may be "Was it a rifle or a handgun?" when the weapon may have been a shotgun. The suspect may
simply pick one of the choices offered in order to please the interviewer or just move the questioning on. You
should avoid these as they don't suggest an open mind,and because answers may lie outside those conceived of by
the interviewer. Do not limit the interview in this way (Boyle, and Vullierme, 2015, p. 26).
Multiple Questions
Refers to the questioning where the interviewer asks more than one question at the same time. This can
easily confuse an interviewee and make the answers given equally confusing to the interviewer. An example
would be to ask, "When did he say that and what did he do and who else was present?" (Boyle, and Vullierme,
2015, p. 26).

Leading questions
Refers to the questions that induce a particular reply and may be judged to have manipulated the
interviewee. An example would be to ask," You wanted to injure him, didn't you?" They can lead the suspect to
the point where they agree with what is being said even where they are uncertain or have no clear memory (Boyle,
and Vullierme, 2015, p. 26).

Step Four: Closure

As the interview comes to an end, the interviewing officer should explain what will happen next by giving
the interviewee appropriate information about the next stages of the process: for example, inform suspects of
potential pre-trial detention, tell witnesses whether or not they should expect to attend court, etc. (Norwegian
Center for Human Rights, 2017).

Finally, the interviewee should be asked if they have any questions for the interviewing officer at this
stage. This has little or no real effect if the communication has been coercive. However, if the interview has been
conducted as outlined above, this question may add to the interviewee's perception of having been treated fairly
(Boyle, and Vullierme, 2015, p. 26).

The goal of closure are the following (Norwegian Center for Human Rights, 2017):
1. Ensure there is a mutual understanding of the interviewee's account by reviewing and summarizing it
2. Verify that all aspects have been sufficiently covered by checking that interviewees have given all the
information they are able and willing to provide
3. Secure the integrity and dignity of the interview, the legitimacy of any subsequent criminal proceedings,
and keep channels open for future communication

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Step Five: Evaluation.
This is the phase wherein the interviewer evaluates the entire process of the interview and determines if
his objectives were met. He also evaluates the method he used in acquiring useful statements from the witness,
victim, or suspect and the effectiveness of said method (Galero-Müftüoğlu, 2017, p. 186).
If the interview is evaluated by a supervisor, senior officer or colleague, make sure that the interviewing
officers are given the opportunity to comment on their own performance, before the evaluator gives their points,
starting with what was positive, moving on to what could be improved next time (Norwegian Center for Human
Rights, 2017).

Mendez Method
The Mendez Principles, also known as the new Principles on Effective Interviewing for Investigations
and Information Gathering. It was named after Juan Mendez, the Argentine lawyer, torture survivor and former
UN Special Rapporteur. It is a concrete alternative to interrogation methods that rely on coercion to extract
confessions. They provide guidance on obtaining accurate and reliable information in full respect of the human
rights and dignity of all, including through the implementation of legal and procedural safeguards in the first
hours of police custody (IRCT, 2021).

The Mendez Method has three parts; Before, During, and After the interview.
1. Before the Interview-Ensuring a Non-Coercive Environment
Creating a non-coercive environment involves the respect and fulfillment of human rights from the first
moment of contact between the interviewee and authorities. This allows law enforcement, intelligence, security or
military officials to create conditions conducive to gathering accurate and reliable information during the
interview, to fulfill State obligations under international law and to protect the rights of the interviewee. Unlawful
and unprofessional behavior, and a lack of accountability, at the early stages of contact may taint the overall
judicial process irreversibly (Mendez, 2016, p.14-15).

Keeping the Interviewee Informed

Showing concern for the interviewee from the initial contact is the first opportunity for creating trust and
rapport. This is more likely when an interviewee is given early, explicit explanations of why they have been
brought in for questioning, which formalities apply, and how the interview will proceed. Explaining procedures
and likely activities is an early opportunity to display sincerity, provide predictability, be respectful and attentive,
and promote trust. The right to be informed by the detaining authority about the reasons for arrest applies
regardless of the manner, or the formality or informality with which an arrest is conducted, and regardless of the
reasons for the deprivation of liberty (Mendez, 2016, p.15). Information regarding an interviewee's rights and how
to exercise them should be conveyed verbally, in clear, non technical, and precise language upon arrest; and it
should also be provided in writing by the detaining authority upon arrival at the place of detention in a language
and format they understand.

Notification of Family or Third Party

A key safeguard for detainees is their right to promptly notify a family member, friend, or other person of
their choice about the fact, place and circumstances of their detention. The detaining authority is responsible for
enabling the communication with the third party and recording who has been notified and when the notification
took place (Mendez, 2016, p.16). Foreign nationals who are arrested or detained must be informed immediately of
their right to communicate with a consular or diplomatic representative of their country of origin, and asylum
seekers should be informed of their right to contact relevant international agencies. Contact is to be facilitated by
the detaining authority (Mendez, 2016, p.17).

Access to a Lawyer

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All detained persons being interviewed have a right to a lawyer, including through legal aid, before any
questioning by authorities independent of their status or formal designation. Access to a lawyer is inextricably
linked to the protection of rights, prevention of torture and other ill-treatment, and helps to protect against
compelled self incrimination. The interviewee is entitled to a lawyer of their own choosing, or to have one
provided for them free of charge where the interests of justice so require. The presence of the lawyer is
compulsory for detained children interviewed as suspects (Mendez, 2016, p.17).

Access to Medical Examination and Health Care

Authorities have a duty to protect the integrity and health of all persons in their custody. Detainees must
be expressly guaranteed the right of access to a doctor and the right to a medical examination by an independent
health professional, without delay, from the moment of deprivation of liberty. The detaining authority is also
responsible for providing detainees with access to medical care throughout their detention. The physical and
mental state in which an arrested or detained person enters the detention facility, including signs or complaints of
excessive force used during the arrest and transportation into custody, should be recorded by the doctor or other
medical professional. Individuals who are to be interviewed must be physically and psychologically fit for that
purpose (Mendez, 2016, p.18).

Preparations for the Interviewer

Once an individual has been identified as a person the authorities wish to interview, the appointed
interviewer should start thorough preparations. Being fully prepared increases an interviewer's ability to
effectively communicate with interviewees, and hence, the likelihood of obtaining reliable information. Before
commencing an interview it is crucial to maximize the investigative and evidentiary value of the information
already gathered. When preparing for an interview - and throughout the process - interviewers should exercise
caution to avoid 'confirmation bias.' Interviewers should continually monitor their own emotions about the subject
matter and their feelings toward the interviewee, to be able to project calm and self-control throughout the
interview (Mendez, 2016, p.19).

2. During the Interview-Establishing and Maintaining Rapport

Effective interviewers are adaptable, listen carefully, communicate empathy, and adopt the ethos that non-
coercive, humane, ethical, lawful and appropriate questioning serves the interest of all involved: the interviewer,
the interviewee and the information-gathering authorities. They recognize that the interviewer's role is to acquire
the best possible information for decisions to be made. Only courts determine guilt or innocence. The
development of rapport is essential in supporting effective information-gathering. During the interview, rapport
entails establishing and maintaining a relationship characterized by: respect and trust; a non-judgmental mindset;
non-aggressive body language; attentiveness; and patience (Mendez, 2016, p.20).

Information-Gathering Techniques
Active listening helps the interviewer process the information provided by the interviewee. By listening
actively, the interviewer shows that they are following what the interviewee is saying and making efforts to
understand. The interviewer takes care not to lead an interviewee inadvertently by using verbal or visual cues,
including sounds, gestures or questions, which may be interpreted as agreeing or disagreeing with what the person
is saying. Accurate summaries of what the interviewee has said may facilitate the positive progression of the
interview and assist the interviewer and interviewee in recalling important details (Mendez, 2016, p.21).

Encountering Reluctance
Interviewers may encounter interviewees who are reluctant to talk and therefore should anticipate how
they will handle such situations. Not wanting or agreeing to answer questions may be a deliberate choice. This
decision must always be respected and has no bearing on the interviewee's right to the presumption of innocence.
Reasons why an interviewee might be reluctant to talk can include general anxiety or uncertainty about the

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process, especially if the person has never been involved in such a situation before. It is also possible that an
interviewee may be willing to provide information but is unable to do so. This can be because they did not have
the relevant information to begin with, or they failed to register the details. Interviewers should not draw negative
inferences from the interviewee's failure or refusal to answer questions and should remain non-judgmental when
an interviewee may make admissions to crimes or convey embarrassing information (Mendez, 2016, p.21).

Suspending the Interview

It is appropriate and permissible for interviewers to suspend the interview in order to follow-up on
information received or conduct additional enquiries. Other reasons to suspend an interview are (Mendez, 2016,
p.22):
1. If the interviewee requires medical attention,
2. If a person originally interviewed as a witness becomes a suspect in the course of an interview; and
3. If the lawyer or the interviewee may request a break, for instance in order to rest or to consult in private.
A refusal to accept such a request by the interviewer may affect the reliability of information gathered from the
interview.

3. After the Interview Assessment and Analysis

An effective interviewer should always end the interview respectfully and on a professional note. This
increases the likelihood of keeping channels open for future communication, avoids possible misunderstandings
and can improve trust in public institutions. The interviewer should review the information obtained with the
interviewee and the lawyer, if involved; and, where a written record (as opposed to an audio/video recording) has
been made, invite them to sign as a confirmation of the record's accuracy. Any amendments should be recorded,
and if relevant, any refusal of the interviewee to sign the interview record. Once the interview has been
completed, the interviewer ensures that the information provided during the process is subject to the appropriate
level of privacy and of data protection The interviewer should assess and analyze the following (Mendez, 2016,
p.23):
1. The value and reliability of the information obtained and how it fits with known evidence, information
gaps and other intelligence gathered.
2. What further enquiries are necessary in order to advance the investigation or operation; and
3. Whether all relevant safeguards were applied effectively.

Kinesic Interview Method

Kinesic Interview Method involves analyzing a person's behavior to assess deception (Orlando, 2014).
The study of kinesics focused on the observable outward physical behavior of the body in order to ascertain the
person's current emotional state and the role the body plays in communicating the information. It states that, by
understanding the vocabulary of the body language, along with the diagnosis of a person's verbal output, an
interviewer could more easily assess a person's truthfulness or deception regarding current issues under discussion
(Walters, 2002, p. 2). It has two phases: the Practical Kinesic Analysis Phase; and the Practical Kinesic
Interrogation Phase. and Interrogation.

Practical Kinesic Analysis Phase

During the analysis phase, the interviewer uses several techniques to observe and analyze the subject's
behavior in order to determine the subject's truthful and deceptive behaviors or at least to determine those areas
most sensitive to the subject and, therefore, in need of further attention through verbal inquiry. It recognizes the
cues of truthful and deceptive behavior generated by the subject through
1. Verbal Cues - this involves the identification of symptoms of speech quality and content which give the
interviewer the most productive body of data necessary to determine truth and deception.

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2. Practical Kinesic Statement Analysis Assessment of truth and deception through the use of verbal cues
coupled with methods of human recall and symptoms made self-evident in the statement taking process.
3. Body Language Cues-It refers to the observable body language cues of deception that are unbalanced or
inconsistent in relation to the speech cues or emotional symptoms generated by the subject at the same
time.
4. Kinesic Subject Control- It refers to the various techniques available to the interviewer to take control
and command of the interview environment. From proxemics to mirroring or the use of enhanced
information gathering skills.
5. Confession Behaviors It is the verbal and nonverbal acceptance cues generated by a subject who is
prepared to give an admission of confession.

Practical Kinesic Interrogation Phase

Practical Kinesic Interrogation Phase involves the interviewer determining the subject's frame of mind
in response to the interview stress. It also helps the interviewer in determining if the subject is suffering from
personality disorder or psychosis. It also helps the interviewer determine the subject's personality type which
enables him to understand how the subject thinks and to determine the subject's strengths to be avoided and the
weaknesses that can be exploited. Lastly it will help the investigator in determining the defense mechanism of the
subject which keeps the subject from having to face the reality of his actions; and by identifying and disarming
these mechanisms, the interrogator can obtain admission or confession (Walters, 2002, p. 3).

Guidelines on Custodial Investigation

According to the PNP Operational Procedures Manual (2011), the duties of the Police during custodial
investigation are as follows:
1. The arresting officer, or the investigator, as the case may be, shall ensure that a person arrested, detained or
under custodial investigation shall, at all times, be assisted by counsel, preferably of his own choice (PNP, 2011,
p.33);
2. The arresting officer, or the investigator, as the case may be, must inform the person arrested, detained or under
custodial investigation of the following rights under the Miranda Doctrine in a language or dialect known to and
understood by him (PNP, 2011, p.33):
a. That he has the right to remain silent;
b. That if he waives his right to remain silent, anything he says can be used in evidence against him in court;
c. That he has the right to counsel of his own choice;
d. That, if he cannot afford one, he shall be provided with an independent and competent counsel; and
e. That he has the right to be informed of such rights.
3. If the person arrested, detained, or under custodial investigation opted to give a sworn statement, the arresting
officer, or the investigator, as the case may be, must reduce it in writing (PNP, 2011, p.34).
4. The arresting officer must ensure that, before the sworn statement is signed, or thumb marked, if there is
inability to read and to write, the document shall be read and adequately explained to the person arrested, detained
or under custodial investigation by his counsel of choice, or by the assisting counsel provided to him, in the
language or dialect known to him (PNP, 2011, p.34):
5. The arresting officer, or the investigator, as the case may be, must ensure that any extrajudicial confession
made by a person arrested, detained or under custodial investigation shall be (PNP, 2011, p.34):
a. In writing;
b. Signed by such person in the presence of his counsel; or
c. In the latter's absence, upon a valid waiver, and in the presence of any of the parents, elder brothers and
sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, priest, imam or
religious minister chosen by him.

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It is important to note that failure of the arresting officer, or the investigator, to observe the above mentioned
procedures shall render the extrajudicial confession inadmissible as evidence in any proceeding (PNP, 2011,
p.34).
6. The arresting officer, or the investigator, as the case may be, must, under established regulations, allow the
person arrested, detained, or under custodial investigation visits by or conferences with the following:
a. any member of his immediate family,
Immediate Family shall include his spouse, parent or child, brother or sister, grandparent or grandchild,
uncle or aunt, nephew or niece, and guardian or ward.
b. any medical doctor,
c. priest, imam or religious minister chosen by him or by any member of his immediate family or by his
counsel, or by any local Non-Governmental Organization (NGO) duly accredited by the Commission on
Human Rights (CHR) or by any international NGO duly accredited by the Office of the President.

7. After interrogation, a person under custodial investigation shall have the right to be informed of his right to
demand physical examination by an independent and competent doctor of his own choice. If he cannot afford the
services of a doctor of his own choice, he shall be provided by the State with a competent and independent doctor
to conduct physical examination. If the person arrested is female, she shall be attended to preferably by a female
doctor (PNP, 2011, p.34-35).
The physical examination of the person under custodial investigation shall be contained in a medical
report, which shall be attached to the custodial investigation report.

UNODC(2022). Defining organized crime. Retrieved March 28, 2022 from

https://www.unodc.org/e4j/en/organized-crime/module-1/key-issues/defining-organized-crime.html
https://www.unodc.org/unodc/en/untoc20/index.html
https://lawphil.net/statutes/repacts/ra2020/ra_11479_2020.html
https://www.pna.gov.ph/articles/1173879
https://www.gov.uk/foreign-travel-advice/philippines/terrorism
Mendoza, R. U., Ong, R. J. G., Romano., D. L. L., Torno, B. C. P. (2021). Counterterrorism in the Philippines.
Perspectives on Terrorism , February 2021, Vol. 15, No. 1 (February 2021), pp. 49-64
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