Module 15

CRIME SCENE INVESTIGATION

Procedures in Criminal Investigation

As a general rule, all crime scene investigations must be done by the police station that has the
territorial jurisdiction of the crime incident unless otherwise specified by the higher authorities to be
investigated by some other unit or agencies and must be recorded in the official police blotter.

Territorial jurisdiction means that the crime incident happens within or that a certain police station
holds or covers

Police station refers to the office of local police that has a jurisdiction within the area and exercises
control over the community and persons movement by enforcing the laws necessary for the
maintenance of peace and order. The same is responsible in providing immediate response to the
community as the need arises,

As a general rule, all crime incidents must be recorded in the official police blotter

Police Blotter - is an 18" x 12" logbook with hard-bound cover that contains the daily register of all
crime incident reports, official summary of arrests, and other significant events reported in a police
station.

In the case of VAWC - Violence Against Women and Children Act of 2004 or RA 9262 and Juvenile Justice
and Welfare Act of 2006, a separate Police Blotter shall be maintained for these kind of offenses
requiring confidentiality and to protect their privacy.

Crime scene - also known as the "treasure island" in criminal investigation. It is because several pieces
of evidences can be found in the crime scene which relevant to the solution of the case.

Crime scene - is a place or venue where the ingredients of the criminal act took place.

The police officer on duty must record in the police blotter the nature of the incident containing the five
"Ws" (who, what, where, when and Why) and one "H" (how)

Crime incident - refers to the occurrence of a certain crime

Types of Crime Scenes as to Location

1. Indoor Crime Scene - the offender committed the crime in an enclosed place like a room or inside the
house but not necessarily the house of the victim.

2. Outdoor Crime Scene - it is located in an open area.

3. Continuing / Running Crime Scene or conveyance - has a mixed location from indoor to outdoor or
vice versa or continuing outdoor alone, or from one place to another of the same jurisdiction, or from
one place crossing to another area of jurisdiction.

INDOOR CRIME SCENE - Compared to an outdoor scene, evidence at an indoor scene is generally less
susceptible to environmental loss and deleterious change.

The possibility of loss and contamination from multiple people accessing the scene is greatly increased.
Limiting access to the scene and collecting known reference samples from individuals with access to the
scene are a priority.

Outdoor crime scene is the most vulnerable to loss, contamination and damaging effects on biological
evidence in a short period of time. Individuals with access to the scene can potentially alter, destroy or
contaminate evidence. The risk is greatest when the crime scene is not properly secured

Destruction or deterioration of evidence due to environmental conditions, such as heat, cold, rain, and
wind call for rapid and effective protection of biological evidence. Evidence that cannot be protected
under these conditions should be quickly collected without compromising its integrity. When
encountering a combination of an indoor and outdoor scene, process the outdoor component first

Conveyance is a means of transportation. Types of crimes committed in conveyances include Car theft
Physical evidence recovered from these scenes may extend well beyond the conveyance. Suspects
leaving in a hurry may carelessly leave additional evidence. A conveyance, such as a vehicle, may be
transported to the laboratory after proper documentation has been completed.

In the process of investigation, the crime scene must be preserved as it contains the essential
ingredients surrounding the commission of the crime. On the other hand, a crime incident must be
established as it will guide investigators in filing proper charges.

Crime scene processing is a very crucial part of the investigation of crime incidents since it is where an
investigator establishes the case and where potential evidence can be recovered that can connect the
suspect to the crime. Physical evidence does not lie and can remain forever. It can stand alone as
evidence that only needs a skilled and diligent investigator to locate and collect it. Most of the evidence
of a crime is found at the crime scene.

What is Crime Scene Integrity?

• It is the process of isolating the crime scene inside a perimeter.

•It means that all ongoing activities inside the crime scene must stop, and everyone must leave

the crime scene to a location some distance from the crime scene area to avoid contamination of the
crime scene in various ways.

Crime Scene Integrity Task

1. Locking Down the Crime Scene

2. Setting up Crime Scene Perimeters

3. Establishing a Path of Contamination (Pathway)

4. Establishing Crime Scene Security

5. Protecting the Crime Scene and the Evidence

6. Laboratory examination of objects and substances located usually at the crime scene

The investigation team is composed of the following members:

• TEAM LEADER

• ASST. TEAM LEADER/INVESTIGATOR/ RECORDER

• PHOTOGRAPHER/ PHOTOGRAPHIC LOG RECORDER

• EVIDENCE RECOVERY PERSONNEL/ CUSTODIAN

• SKETCHER/COMPOSITE ILLUSTRATOR/ARTIS CHER/COMPOSITE ILLUSTRATOR/ARTIST

The investigating team must have also several equipment to use as follows:

1. Police line;

2. Video camera;

3. Voice recorder,

4. Camera;

5. Measuring device;

6. Gloves,

7. Flashlight;

8. Fingerprint kit;

9. Evidence bag;

10. Evidence tag;

11. Evidence bottles/vials; and

12. Investigator's tickler (contains the following)

a) Investigator's checklist

b) Anatomical diagram form

c) Evidence checklist

d) Turn-over receipt

CRIME SCENE INVESTIGATION PROCEDURES

A. DESK OFFICER'S DUTY UPON RECEIPT OF CALL OR WALK-IN COMPLAINANTS

a. Record the time it was reported;

b. Get the identity of the caller/complainant;

c. Get the place of the incident,

d. Get the nature of the incident;

e. Get the number of victim/s;

f. Record a brief synopsis of the incident:

g. Direct the nearest mobile car/beat patrollers or the nearest police precinct to act as first responder
equipped with a "police line" to secure the place of the incident a camera, and h. Inform the duty
investigator (preferably one team of investigators).

B. FIRST RESPONDERS AT THE CRIME SCENE

Duties of the First Responder - Those who are on patrol are commonly regarded as the first responders
as they are those who are employed in the community with the end purpose of crime prevention. As
part of their duties, first responders must do the following:

a) Proceed to the crime scene to validate the information received;

b) Record the exact time of arrival and all pertinent data regarding the incident

c) Cordon off the area and secure the crime scene with a police line or whatever available material so
that unauthorized persons cannot enter and destroy the evidence.

d) Check whether the situation still poses imminent danger and call for backup if necessary, e) Identify
possible witnesses and conduct a preliminary interview

f) Arrest the suspect/s if around or in instances wherein the suspect/s is fleeing, make appropriate
notification for dragnet operations;

g) Prepare to take the "Dying Declaration" of severely injured persons h) Evacuate the wounded to the
nearest hospital using emergency services;
i) Account for the killed, wounded, and arrested persons for proper disposition:

If the suspect is Arrested at the Scene:

a. Get the names of the persons who turned over or arrested the suspect.

b. Isolate the arrested suspect/s and separate them from any probable witness of the incident.

c. Record what time the suspect was arrested.

d. Wait for the investigator to interview the suspect.

e. If the suspect volunteers any statement, take note of the time, location, and circumstances of the
statements.

C. PROCEDURE AT THE CRIME SCENE BY THE INVESTIGATION TEAM

1. UPON ARRIVAL AT THE CRIME SCENE

1. Receive the crime scene from the first responder.

2. Record time/date of arrival at the crime scene, location of the scene, weather condition, and type of
lighting, direction of the wind and visibility

3. Photograph and/ or video the entire crime scene.

4. Before entering the crime scene, all investigators must put on surgical gloves.

5. Before touching or moving any object at the crime scene in a homicide or murder case, determine
first the status of the victim, whether he/ she is still alive or already dead.

6. Designate a member of the team or ask other policemen or responsible persons to stand, watch and
secure the scene, and permit only authorize persons to enter the scene.

7. Identify and retain for questioning the person who first notified the police and other possible
witnesses.

8. Determine the assailant through inquiry or observe him if his identity is immediately apparent. Arrest
him if he is still in the vicinity

9. Separate witnesses in order to get an independent statement.

2. RECORDING OR DOCUMENTATION -The investigator begins the process of recording pertinent facts
and details of the investigation the moment he arrives at the crime scene.

- He should record the time when he was initially notified before his arrival;
- He also writes down the identification of persons involved and what he initially saw, He also draws a
basic sketch of the crime scene; and

- Takes the initial photograph (if a photographer is available, avail his services). This is to ensure that an
image of the crime scene is recorded before any occurrence that disturbs the scene

As a rule, do not touch, alter or remove anything at the crime scene until the evidence has been
processed through notes, sketches and photographs, with proper measurements.

The investigating team must indeed give priority to human life, nevertheless, they must exhaust
whatever means to secure and preserve the crime scene for it contains all the necessary ingredients for
the prosecution of the case. As such, they must reconsider the necessary steps to collect all available
evidence and maintain the integrity of the crime scene by remembering the "MAC" rule which simply
stands for:

1. Mutilate - meaning do not remove anything from the crime scene.

2. Alter - do not change anything in the crime scene; and

3. Contamination - do not add anything to the crime scene

Also, the investigating team must remember that nothing should be touched, altered, or removed unless
everything is photographed, noted, measured, and indicated in the sketch as these are the golden rule
in the processing of the crime scene. They should also take into consideration, transient evidence or
fragile evidence.

Transient evidence - evidence which when not collected at an appropriate time may diminish or lose its
value such as urine, blood, semen, etc., on the other hand

Fragile evidence - evidence that may be broken if collected inattentively.

Photographic Log. It records how the CS was systematically documented using still and video cameras.
The log shows the overall, medium, and close-up views of the scene. It contains a series of photographs
of the CS taken in a systematic manner based on SOP. The progression of CS photographs is useful in
reconstructing the crime. This should be the progression of shots which the CS photographer should
observe:

a. Take Long-range (Overall) photos of the locality, points of ingress, and street signs or other
identifiable that will establish location which is egress, normal entry to the property. exterior of the
building/premises, taken to portray the areas as if a person viewing the scene is seeing it from the
standing position. The photographer takes the photograph with the camera at eye level.

b. Take Mid-range (Medium) photos of the immediate CS and the location of objects of evidence within
the area or room that portrays the scene from approximately 10 to 20 feet from the subject matter.
c. Take Close-range (Close-up) photos of specific evidence (hairs, fibers, footprints, and bloodstains)
approximately 5 feet or less from the subject matter.

3. SKETCHING - It records the crime scene's exact location, position, measurement, orientation, and
details of findings in a sketch pad through symbols, art, and figures.

Crime Scene Sketch - It is a permanent record of the size and distance relationship of the crime scene
and the physical evidence within it.

Parts of the sketch

1. Title

2. Body

3. Compass Direction (Orientation)

4. Nature of the Case

5. Location of Incident

6. Date and Time of Incident

7. Name of the Victim

8: Name of the Suspect

9. Measurements

10. Essential Items

11. Scale of Proportion

12. Legend

13. Sketcher's Name and Signature

General Kinds of Sketch

a. Rough Sketch - made by the investigator at the crime scene.

b. Finished Sketch - A sketch with a scale of proportion drawn by a draftsman which can be used for
court presentation.

Specific Kinds of Sketch

a. Sketch of Locality

b. Sketch of Grounds
c. Sketch of Details

d. Cross Projection/ Exploded View

4. SEARCHING FOR EVIDENCE - Each crime is different, according to the physical nature of the scene and
the crime or offense involved. Consequently, the scene is processed by the prevailing physical
characteristics of the scene and with the need to develop essential evidentiary facts peculiar to the
offense. A general survey of the scene is always made, however, to note the locations of obvious traces
of action, the probable entry and exit points used by the offender(s), and the size and shape of the area.

Crime Scene Search Patterns Method

It is a systematic method employed by the SOCO Team, if the nature of the case is sensational or
sensitive, and the IOC in the conduct of search at the crime scene and in the surrounding areas where
the alleged crime/incident/ event has taken place for finding and recovering evidence.

Crime Scene Search Methods

1. Strip Search

2. Double Strip or Grid Search

3. Spiral or Circle Method

4. Zone (Sector) Method

5. Wheel (Pie or Spoke) Method

6. Line Search

5. COLLECTION OF EVIDENCE - It is accomplished after the search is completed, the rough sketch is
finished and photographs are taken.

- Fragile items should be collected as they are found.

- The investigator places his initials, the date, and the time of discovery on each item of evidence for
proper identification.

- Items that could not be marked should be placed in a suitable container and sealed.

6. MARKING OF EVIDENCE - Any physical evidence obtained must be marked information to ensure that
the items can be identified by the collector at any or tagged before its submission to the evidence
custodian.

Markings specimen must at least contain the following:

a. Exhibit Case Number;

b. Initials and or signature of the collecting officer, and

c. Time and date of collection.

Note: It is also important to note the place or location where the evidence was collected.

7. EVALUATION OF EVIDENCE. - Each item of evidence must be evaluated in relation to all the evidence,
individually and collectively. If necessary, these pieces of evidence must be subjected to crime
laboratory examination. Examples: firearms for ballistic examination, hair strands, etc.

8. PRESERVATION OF EVIDENCE. - It is the investigator's responsibility to ensure that every precaution is

exercised to preserve physical evidence in the state in which it was recovered/obtained until it is
released to the evidence custodian.

9. RELEASE OF THE CRIME SCENE - The IOC shall decide on the lifting of the security cordon and the
release of the crime scene upon consultation with the SOCO Team leader and he shall be responsible in
ensuring that all pieces of potential evidence were collected by the SOCO Team as any re-entry into the
crime scene after its release to the owner will require a search warrant issued by the court.

10. RELEASING OF EVIDENCE. - All collected evidence can only be released upon order of the court or
prosecutor, as the case maybe.

11. CHAIN OF CUSTODY. - A list of all persons who came into possession of an item of evidence,
continuity of possession, or the chain of custody, must be established whenever evidence is presented
in court as an exhibit. Adherence to standard procedures in recording the location of evidence, marking
it for identification, and properly completing evidence submission forms for laboratory analysis is critical
to the chain of custody. Every person who handled or examined the evidence and where it is at all times
must be accounted for.

As a rule, all seized evidence must be in the custody of the evidence custodian and deposited in the
evidence room or designated place for safekeeping.

12. TRANSMITTAL OF EVIDENCE TO CRIME LABORATORY. - Proper handling of physical evidence is

necessary to obtain the maximum possible information on which scientific examination shall be based,
and to prevent exclusion as evidence in court. The following principles should be observed in handling
all types of evidence:

a. The evidence should reach the laboratory in the same condition as when it was found, as much as
possible.

b. The quantity of specimens should be adequate. Even with the best equipment available, good results
cannot be obtained from insufficient specimens.

c. Submit a known or standard specimen for comparison purposes.

d. Keep each specimen separate from others so there will be no intermingling or mixing of known and
unknown material. Wrap and seal in individual packages when necessary.

e. Mark or label each of evidence for positive identification as the evidence taken from a particular
location in connection with the crime under investigation.

f. The chain of custody of evidence must be maintained. Account for evidence from the time it is
collected until it is produced in court. Any break in this chain of custody may make the material
inadmissible as evidence in court.

Module 16

Arrest - It refers to the taking of a person into custody in order that he maybe bound to answer for the
commission of an offense.

How is arrest made? - It is made by the actual restraint of a person to be arrested or by his submission
to the custody of the person making the arrest.

Person Exempted from Arrest

1. A Senator or Member of the House of the Representatives while Congress is in session for an offense
punishable by not more than 6 years of imprisonment (Art. VI, Sec. 11, 1987 Constitution).

2. Diplomatic Agents, under the Vienna Convention on Diplomatic Relation such as: ambassadors or
public ministers of a foreign country, authorized and received as such by the President of the
Philippines, and their domestic or domestic servant duly registered under the protection to duly
accredited diplomatic or consular representatives of the Philippines (R. A. No. 75).

3. Those covered by a safety and immunity guarantee of the President of the Philippines.

4. Rebels issued with safe conduct pass by the National Amnesty Commission, for crimes committed in
pursuit of rebellion (Letter Dated 17 Feb 03 from NAC Chairman to NBI Director).

5. Persons in connection with any election, allegedly committed an offense by act or language tending to
support or oppose any candidate, political party or coalition (Sec. 266, Omnibus Election Code).

Two Modes of Arrest

1. Arrest by virtue of a warrant, and

2. Arrest without a warrant under exceptional circumstances as may be provided by the statute.

A. ARREST BY VIRTUE OF A WARRANT

Warrant of Arrest - It is an order in writing issued in the name of the People of the Philippines signed by
a judge directed to a peace officer, commanding him to arrest the person designated and take him into
custody of the law in order that he may be bound to answer for the commission of an offense.
Constitutional Foundation of Arrest Warrant

General Guidelines

1. All arrests should be made only on the basis of a valid Warrant of Arrest issued by a competent
authority, except in instances where the law allows warrantless arrest

2. No violence or unnecessary force shall be used in making an arrest, and the person to be arrested
shall not be subjected to any greater restraint than what is necessary under the circumstances.

3. As a general rule, arrests can be made on any day of the week and at any time of the day or night.

4. Only judges are authorized to issue Warrants of Arrest.

5. A Warrant of Arrest is no longer needed if the accused is already under detention. An Order of
Commitment is issued by the judge in lieu of the Warrant of Arrest.

Requisites for Valid Warrant of Arrest

1. It must be issued upon probable cause;

2. The probable cause must be determined personally by the judge himself,

3. The determination of the existence of probable cause must be made after the examination by the
judge of the complainant and the witnesses that may be produced; and

4. The warrant must particularly describe the place to be searched, and the persons or things to be
seized.

What is Probable Cause in a Warrant of Arrest? It refers to the facts or circumstances known by the
judge after a careful examination of the complainant and the witnesses the complainant produced that
induced the judge to believe without doubt that a crime was committed and a warrant of arrest should
be issued.

Who is a Warrant Officer?

A Warrant Officer is any authorized member from the law enforcement agency usually from the PNP or
NBI who holds a warrant for execution within 10 days from receipt subject to renewal in case of failure
to execute the same.

Who may issue a Warrant of Arrest?

The authorized to issue warrant of arrest is the judge of any competent court in the Philippines.

Duties of Arresting Officer

1. While arresting the accused/suspect, the arresting officer should inform the cause of arrest and of the
fact that a warrant has been issued to the arrested person; and

2. Any police officer making a lawful arrest should take the person arrested without unnecessary delay
and deliver him to the nearest police station or jail.

in case of Warrantless Arrest, it is the inherent duty of the arresting the specified time as provided under
Article 125 of Revised Penal Code officer to detain the person arrested and file the proper "information"
within (RPC) as amended by Executive Order No. 272 on July, 25 1987)

Note: It is not the physical delivery of the person that is required against the arrested person in the
proper court where the judge has under the law. What is legally required is filing the "information" the
authority to issue an order of release of confinement

More so, the Executive Order No. 272, s. 1987 which amended Article 125 of the RPC (Delay in the
delivery of detained persons to proper judicial authorities) extended the period authorized to detain a
person prior to delivery to the judicial authority. The law requires a police officer to detain a person for
some legal ground and file the appropriate information to the proper judicial authority within the proper
periods and conditions.

Table No. 1 Periods of Delivering a Person to Proper Judicial Authority

12 Hours - Light penalties and their equivalent.

18 Hours - Correccional penalties and their equivalent

36 Hours - Afflictive/Capital Penalties and their equivalent.

How is Warrant of Arrest executed? The head of office to whom the warrant of arrest was delivered for
execution shall cause the warrant to be executed within 10 days from its receipt. Within 10 days after
the expiration of the period, the officer to whom it was assigned for execution shall make a report to the
judge who issued the Warrant. In case of failure to execute the warrant, he shall state the reasons
therefor.

Even if not served within the statutory period of (10 days), a warrant of arrest remains valid. It remains
valid unless:

1. The warrant was recalled by the issuing court;

2. The respondent was already arrested;

3. The respondent voluntarily submitted his self to the jurisdiction of the issuing court, or

4. The respondent died.

Note: A warrant of arrest has NO expiry date. It remains valid until arrest is effected or warrant is
lifted.
Depending on circumstances, the person may first be handcuffed for the officer's safety. The arrested
person should be searched for weapons and destructible evidence. If the arrested person is to be
questioned, the Miranda Warnings must be given before any questions are asked. In typical arrest
situation, officer should:

1. Announce the arrest and the reason for it,

2. Handcuffed the person of warranted;

3. Searched the arrested person for weapons and evidence; and

4. Give the Miranda Warning if questions are to be asked.

Principles of Arrest

1. A warrant of arrest is enforceable only within the territory of the government or state issuing the
warrant

2. In a warrantless arrest based on the commission of a crime, the crime must have been committed
within the territory of the government or state whose agents are carrying out the arrest.

3. In arrest based on a warrant of arrest, it is not essential that the arresting officer has the warrant in
his possession at the time he carries out the arrest.

B. ARREST WITHOUT WARRANT (WARRANTLESS ARRESTI).

As a general rule, any peace officer who arrests a person without warrant may be liable under Article
125 of the RPC (Arbitrary Detention). The following are the situations in which a police officer may arrest
a person without warrant

a. When, in his (police) presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense (In Flagrante Delicto Arrest).

b. When an offense has in fact just been committed and he has probable cause to believe based on
personal knowledge of facts or circumstances that the person to be arrested has committed itv(Doctrine
of Hot Pursuit or Fresh Pursuit).

c. When the person to be arrested is an escapee. Those who have escaped from any penal
establishment or place where he is serving final sentence or is temporarily confined while his case is
pending, or has escaped while being transferred from one confinement to another.

d. When the right is validly waived. This is when the person arrested consented to the arrest, despite of
no warrant showed; the person is willing to be taken into custody.

e. When an accused who was released on bail attempts to depart from the, Philippines without prior
permission of the court where the case is pending.
f. Violent Insanity.

g. Ailment requiring compulsory confinement in a hospital.

PNP Standard Operating Procedure (SOP) of Arrest without Warrant

1. During the initial contact with the person to be arrested, these steps should be followed:

a. Freeze or restrain the suspect;

b. Make the proper introduction as to identity and authority to arrest;

c. Inform the arrested person of the circumstances of his arrest and recite to him the Miranda Warning:

d. Conduct thorough search for weapons and other illegal materials;

e. As a general rule, no unnecessary force shall be used in making the arrest;

f. Confiscated evidence shall be properly documented; and

g. Bring the arrested person to the Police Station for further investigation and disposition.

2. In arresting without warrant, the officer must inform the person to be arrested of his authority and
cause of the arrest. However, these may not be exactly followed if:

a. the person to be arrested is engaged in the commission of an offense; b. he is pursued immediately

after committing a crime or after escape;

b. he attempts to flee from the officer arresting him:

c. he forcibly resists before the officer has the opportunity to inform him; or e. when giving such
information will imperil the arrest.

Note: If a person has been arrested and taken into custody based on a warrantless arrest, he or she will
undergo a process called Inquest Proceedings (an informal and summary investigation conducted by a
public prosecutor (called the inquest prosecutor) for the purpose of determining whether or not the
warrantless arrest is valid).

Guidelines for Use of Force When Making an Arrest

1. No resistance, Use no force.

2. Resistance. Use only as much as force as necessary to overcome resistance.

3. Threat to Officer's Life. Use deadly force. The excessive use of force shall be avoided. The use of
firearm is justifiable by virtue of the Doctrines of Self-Defense, Defense of Relative, and Defense of
Stranger, and if the police have probable cause to believe that the suspect poses an imminent danger of
death or serious physical injury to the police or other
Note: Police shall not use warning shots during any police intervention.

Duties of Arresting Officer in Case of Arrest without a Warrant

1. The person arrested shall be informed in the dialect or language known to him, why he is being
arrested, Miranda Rights, inform the officer's authority, and the cause of the arrest, unless the person to
be arrested is then engaged in the commission of an offense or is pursued immediately after its
commission or after and escapes; or flees or forcibly resists before the officer has opportunity to so
inform him, or when the giving of such information will imperil the arrest.

2. The arrested person shall be delivered to the proper authorities without unnecessary delay and within
the time prescribed (Art. 125, RPC).

3. The person arrested shall be delivered to the nearest police station or jail, and shall be the subject of
Inquest Proceedings.

4. If the person arrested waives his right to remain to silent under the provisions of Art 125 of the
Revised Penal Code and opts to give a statement and present evidence for his defense, the arresting
officer shall ensure that the waiver made by the person arrested shall be in writing and in the presence
of his counsel of choice.

Medical Examination of Arrested Person

- Immediately after the arrest of a person, he should be subjected to a medical examination. Prior to his
release or any change of custody, the suspect should also be medically examined by a medico-legal
officer or, in the absence of such medico-legal officer, by any government physician in the area.

Prohibitions in Arrest

- No torture, force, violence, threat, intimidation, or any other means which violates the free will shall be
used against a suspect. Secret detention places, solitary confinement (incommunicado) or other similar
forms of detention shall be prohibited.

Approaches in Carrying out an Arrest

1. For subjects who are meek and non-violent, the situation may allow to inform them of your authority
and the existence of a warrant of arrest. For subjects who are elusive or violent, it is better to take them
by surprise.

2. When the operation partakes of the nature of a raid, informing or coordinating with local police
authorities is advisable.

3. When an elusive subject is reported to be in house or building, somebody must case the area first.

4. When intercepting an armed and violent subject who is inside a motor vehicle, it may be dangerous to
approach him openly to force an arrest. The wise thing to do is to seek cover and order him out of the
vehicle with arms raised.
5. In case of entrapment where the culprits are also armed and dangerous, the backup force supporting
the arresting officers must be situated at a distance that allows immediate response. 6. In arrest inside a
building, do not accede to your subject's request to go alone to his room and dress up.

7. When the method of arrest is not simple but consist of coordinated actions, there must be a briefing
clearly understood by everybody. Time in watches must be synchronized.

8. Sometimes, disguises are effective in gaining entry into a building to carry out arrest (arresting officers
may pose as PLDT repairmen).

9. Do not underestimate your subject. Frisk him.

10. Do not hesitate to use handcuffs when you feel insecure.

11. Arresting techniques (come along-holds) facilitate and add finesse to the arrest of unwilling subjects.

12. When arresting a woman, it is advisable to take along with lady personnel of the agency with you in
order not to be misunderstood.

13. When escorting your subject in a vehicle soon after an arrest, pay close attention to the seating
arrangement to prevent subject from suddenly jumping off the vehicle, grabbing your weapon, or
attacking you.

Procedure to do after an Arrest

1. Photograph the person.

2. Take his fingerprint.

3. Medically examine and book.

4. Record check.

5. Interview/Interrogate, when there is a pending investigation involving subject, but:

a. it must be in the presence of defense counsel, and

b. the subject must be informed of his constitutional rights.

6. Prepare joint affidavit surrounding the arrest, if arrest was made on the occasion of an entrapment
that is expected to lead to an inquest.

7. Line-up or reenactment. To be recorded in pictures. In a line-up, a witness identifies Subject among a

line of persons. The line-up must be fair, and not suggestive or leading. A reenactment is done when
Subject admits his participation in the crime.

8. Inquest or file charges the regular ways, as the case may be.
9. Return warrant of arrest, indicating that it was duly served, to the issuing court.

10. Prepare formal report on the case.

11. Minors arrested shall be processed in accordance to Republic Act 9344 as amended.

Possible Violations or Charges against Arresting Officers

1. Arresting without legal grounds (Arbitrary Detention: Art. 124, RPC).

2. Carrying out justified arrest without warrant, but he detains his subject beyond 12, 18, 36 hours
without an inquest or without a valid waiver of detention (Delay in the Delivery of Detained Person to
the Proper Judicial Authorities: Art. 125, RPC).

3. Delaying any proceedings upon a petition for the liberation of such detainee (Art. 126, RPC)

4. Pocketing arrested person's money or other valuables (Robbery: Art. 294, RPC).

5. Investigating or taking the sworn statement of any person arrested, detained or under custodial
investigation without informing him of his right to remain silent, and to have competent and
independent counsel, preferably of his own choice, or without providing him such counsel free of charge
if he cannot afford one (Violation of R.A. 7438).

6. Obstructing, preventing or prohibiting any lawyer, any member of the immediate family of a person
arrested, detained or under custodial investigation, or any medical doctor or priest or religious minister
chosen by him or by any member of his immediate family or by his counsel, from visiting and conferring
privately with him, or from examining and treating him, or from ministering to the spiritual needs, at any
hour of the day or, in urgent cases, of the night (Violation of RA No. 7438).

7. Refraining from arresting an offender in a crime punishable by life imprisonment and/or death, in
consideration of any offer, promise, gift or present (Qualified Bribery: Art. 211-A RPC).

SEARCH AND SEIZURE

Search - It is the act of examining persons, documents, papers and effects. This is different to the search
of physical evidence being done by criminal investigators at the crime scene. Search was derived from
the Anglo-Norman word searcher, Old French cerchier which means to explore, and Latin word circare
which means go around in circles.

Two Modes of Search

A. Search with Warrant; and

B. Warrantless Search (Search without Warrant).

A. SEARCH WITH WARRANT

Search Warrant - It is 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 and bring it
before the Court.

Where to Apply for Search Warrant?

1. To any court within whose territorial jurisdiction a crime was committed;

2. For compelling reasons stated in the application, any court within the judicial region where the crime
was committed if the place of the commission of the crime is known, or any court within the judicial
region where the warrant shall be enforced; and

3. However, if the criminal action has already been filed, the application shall only be made in the court
where the criminal action is pending.

Requisites before Issuance of a Search Warrant

1. Probable cause exists in connection with one specific offense;

2. Presence of probable cause is determined personally by the judge after an examination; 3. The judge
must have personally examined, in the form of searching questions and answers, the applicant and his
witnesses and taken down their written depositions; 4. The search warrant must particularly describe or
identify the property to be seized as far as the circumstances will ordinarily allow,

5. The warrant issued must particularly describe the place to be searched and the persons or things to
be seized;

6. It shall be issued only for one specific purpose; and

7. It must not have been issued more than 10 days prior to the search made pursuant thereto.

Witnesses in a Search

1. The legal occupant thereof;

2. Any member of his family; and

3. In the absence of the latter, two witnesses of sufficient age and discretion residing in the same
locality.

Personal Properties to be Seized

1. Subject of the offense;

2. Stolen or embezzled and other proceeds, or fruits of the offense; or

3. Used or intended to be used as the means of committing an offense.

Officer's Duty after Seizure Has Been Completed

1. The officer must forthwith deliver the property seized to the judge who issued the warrant, together
with a true inventory thereof duly verified under oath.

2. Ten (10) days after the issuance of the search warrant, the issuing judge shall ascertain if the return
has been made, and if none, shall summon the person to whom the warrant was issued and require him
to explain why no return was made. If the return has been made, the judge shall ascertain whether
Lesson 11 of this Rule has been complied with and shall require that the property seized be delivered to
him.

B. INSTANCES OF WARRANTLESS SEARCH (SEARCH WITHOUT WARRANT)

1. Search Incidental to a Lawful Arrest. This is legally accepted provided that the search is
contemporaneous to the arrest and within the permissible area. A person lawfully arrested may be
searched for dangerous weapons or anything, which may be used as proof of the commission of without
search warrant. The warrantless search and seizure, as an incident to a lawful arrest, may extend
beyond the person of the one arrested to include the premises or surroundings under his immediate
control.

2. Search in Violation of Tariff and Custom Laws. The search involves illegal entry of "smuggled goods"
in our country that may affect the local businesses especially the small-time businessmen. The search is
usually conducted by the officers and agents of the Bureau of Customs.

3. Plain View Doctrine Search. Police officers can seize articles or objects which inadvertently come to
their view without exerting any effort and which object is incriminatory to the accused. The doctrine
includes the five senses of an individual to detect violations of law. In the case of Harris v. United States,
it said that any object "falling in the plain view are subject to seizure and may be introduced as
evidence." It allowed an officer to seize - without a warrant - evidence and contraband found in plain
view during a lawful observation. For the benefit of the Plain View Doctrine, the Three- prong Horton
Test requires that:

a. the officer to be lawfully present at the place where the evidence can be plainly viewed,

b. the officer to have a lawful right of access to the object, and

c. the incriminating character of the object to be "immediately apparent.

4. Search of Moving Vehicles. The search of moving vehicles is popularly called as "checkpoints." This
instance of warrantless search cannot be done anytime. The "checkpoints" must be done during
"abnormal times" when the public welfare is at stake. Thus, every vehicle that passes the certain
checkpoint can be searched without search warrant.

5. Inspection of Buildings for Fire and Sanitary Regulations. Inspectors of buildings for the purpose of
maintaining sanitation, fire and building regulations are required to enter every building as well as every
room necessary to be inspected without arming themselves with search warrant The inspectors need
not be armed with search warrant to enter the premises or rooms of the building to be inspected.

6. Consented Search. If the person submitted himself voluntarily to be searched, it is valid, as if there is
a search warrant because of the consent of the person to be searched. The consent of the person must
not have been because of intimidation, threat of the person making the search. Thus, the Supreme
Court held that in the cases of:

7. Frisk Search. This is also known as Terry Search, In the case of Terry vs. Ohio, it established that
officers can conduct a pat down of an individual they stopped if they believe the person is armed and
dangerous. This is a protective search for weapons only.

Exclusionary Rule - This rule was derived from the case of Weeks vs. United States in 1914. It
established a rule that [federal] courts may not accept evidence obtained by unreasonable search and
seizure, regardless of the relevance of these to the case. In the case of Mapp vs. Ohio the Supreme
Court decided that this will be applicable to all courts. This applies not only illegally seized evidence but
also evidence obtained or developed from it, is referred as fruit of the poisonous tree. This means that
evidence obtained in the process of illegal warrantless search is not admissible as evidence in court.

Types of Search after Arresting a Suspect

1. Wall Search. The initial purpose of this search is to put the suspect in ant "off-balanced position". This
is the safest type of search; it does not necessarily require a wall. Any object that can support the weight
of the suspect (such as a car) can be used.

2. Standing Search. This is done by instructing the subject to raise his hands above or behind his head
with feet spread apart as far as possible. In some situations, this is not recommended because some
suspects could still maintain their balance.

3. Kneeling Search. This requires the suspect to kneel on the ground with hands raised over or behind
his head. Note that some suspects could still make counter actions against the arresting officer even if
they are assuming this position.

4. Prone Search. The suspect in this search lies on his stomach with arms, and legs outstretched. One
disadvantage of this search is that the suspect's frontal area cannot be searched properly. This type of
search can be dangerous if the subject has knowledge in judo, aikido and other similar forms of defense
tactics (martial arts).

Use of Handcuff during Arrest and Search of Person

A handcuff is a device used for restricting a subject's movements temporarily. It is one of the best
techniques to keep someone that is prone to resistance. It is a good preventive measure but only if
applied properly, because it could be dangerous if improperly applied. Arresting officers must handcuff
suspects or aggressive people according to the basic handcuffing guidelines to guarantee the safety of
other law enforcement officers, the safety of the general public, or the safety of the suspect at risk of
harming themselves.

Importance of using handcuff

1. Increase safety

2. Reduce injury to officers and subjects

3. Help law enforcement officers make a successful and safe apprehension.

4. Help boost officers' performance and speed when applying handcuff.

Module 17

RAID OPERATION

Raid - is a surprise invasion of a building or area. It is a small-scale attack on a limited territory. It must
be legal, having its basis in lawful process, and conducted in a legal manner through a search warrant or
warrant of arrest. The raid may be in pursuit of a person reasonably believed to be guilty of a felony
when it is known that the felony has just been committed.

Purposes of Raid

1. To effect apprehension.

2. To obtain evidence of illegal activity by surprising the offenders in flagrante delicto.

3. To recover stolen property.

Elements of Effective Raid

1. Size of raiding party

2. Surprises

3. Speed

4. Superiority of arms

5. Simplicity of plan and operation

Qualifications of Raid Team

4. Has leadership ability

5. Good Judgment

6. Tactfulness
7. Coolness and stability

8. Experience

9. Discipline

10. Steady nerves and mental stability

Composition of a Raid Team

1. Raid commander

2. Assistant raid commander

3. Covering or surrounding party. Duties are:

 a. Covers the approach of going-in detail or entering party.

 b. Prevents the escape of criminals.
 c. Covers the entire area of the building.
 d. Neutralizes fire of barricaded criminals.

4. Going in detail or entering party. Duties are:

 a. Calls for the surrender of criminals.

 b. Effects arrests of criminals.
 c. Incapacitates and dislodges criminals.
 d. Search for pieces of evidence

5. In charge of raiding vehicle

6. In charge of rendering inoperative to the subject's vehicle, if any

7. Recorder who should keep a log of the raid, gather evidence, make inventories, and testify in court
and

8. Photographer

Planning the Raid for its Success

1. The terrain in the building should be subjected to close study.

2. In order to obtain the necessary data for planning, surveillance of the place should be conducted

3. The participants should be informed of the nature of the mission.

4. The specific assignment and position of each member of the raiding party, the tactics to be employed,
the equipment and transportation to be used, the evaluation of possible danger points, and optimum
time to be selected should be stressed.

5. Numbers of individuals to be apprehended. Are they armed? With what? If uncertain, assume they
are armed.

6. Are photographs and description of subjects available to be shown during the briefing?

7. Determine the physical structure of the place where the criminals are located.

8. Determine all possible escape routes.

9. Need to directly photograph the place and immediate area.

10. Type of neighborhood where the hideout is located.

11. Volume and kind of activities in the neighborhoods at various times (to determine the most desirable
time to conduct the raid).

12. Street plans of neighborhood for possible road blocks.

13. Do the men have confidence in the ability of the raid leader?

14. What is your move-out plan?

15. What are the instructions concerning the use of firearms?

16. What are the instructions concerning the possible handling of traffic?

17. What are the instructions concerning communications, signals, etc? 18. How do you identify each
other? Am bands, password, insignia, etc.?

19. Make sure your plans avoid cross fires.

20. Do you have all the equipment you might need, such as flashlights, searchlights, vehicles,
transceivers, loudspeakers (public address system) firearms, tear gas, etc.?

21. Ask each participant to repeat his duties to the raid leader.

Coordination with the Local Station Commander

It is imperative that immediately before the service of a search warrant the team leader should see to it
that proper coordination is made with the station commander having jurisdiction over the target
premises The coordinating party is bound merely to relay that their team is conducting an operation in
their area. This gesture of coordination is not only a manifestation of courtesy but also a safety measure
to avoid the possibility of a mistake encounter
Don'ts in a Raid

1. Don't take unnecessary chances.

2. Don't underestimate the ability or courage of the subject (s).

3. Don't raid when not properly prepared.

4. Don't endanger the lives of bystander.

5. Don't use raiders that are not well-acquainted with each other

6. Don't forget gas mask when employing tear gas.

7. Don't make unnecessary rough on the subject(s)

8. Don't shoot to kill unless very imperative.

9. Don't touch the evidence unless seen by witnesses, or by the owner or occupant of the place.

Seizure during Raid Operation

1. The following will be seized at the scene of the raid:

a. Weapons that maybe used against the raiding party.

b. Articles which might be used as a means of suicide.

c. Articles which might be used in escaping.

d. Articles which may be used in the commission of the crime.

e. Proceeds or fruits of the crime

2. Disposition of money and other valuable property:

a. Money should be counted and the serial number of bills should be noted.

b. Valuables should be sealed in a property envelope in the presence of the prisoner.

c. Property envelope should show a complete inventory of the firearms.

d. The prisoner should sign their names.

e. Raiding officer should sign their name on the outer part of the envelope.

f. A receipt should be given to the prisoner. However, this is qualified by the decision of the Supreme
Court declaring as inadmissible in evidence the receipt for Property Seized, signed by the accused, in
case where mere possession of the items seized is punishable.
3. Disposition of articles not covered in search warrant:

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

b. Such articles maybe used as evidence to prosecute the person.

c. Non-contraband articles must be returned to the owners or must not be seized in the first place.

Is the Use of Firearm Justified?

The use of firearm is justified if the offender poses imminent danger of causing death or injury to the
police officer or other persons. It justified under the doctrines of self-defense, defense of a relative, and
defense of a stranger.

RULE 11. CHECKPOINTS (REVISED PNP OPERATIONAL PROCEDURES 2013)

11.1 Authority to Establish Checkpoints

Checkpoint is a place where the police check vehicular/pedestrian traffic in order to enforce circulation
control measure and other laws, orders, and regulations. The establishment of checkpoints must always
be authorized by the Head of Office of the territorial PNP Unit and manned by uniformed PNP personnel
Other units directly involved in an operation may establish mobile checkpoints in coordination with the
Unit Commander in the area,

11.2 Composition

In the conduct of checkpoint, the checkpoint team shall be composed of, but not limited to, the
following:

a. Team Leader (TL) - shall lead and take responsibility in the conduct of checkpoint preferably an officer
with the rank of at least Police Inspector

b. Spotter - PNP personnel who will point/profile suspected vehicle subject for checkpoint

c. Spokesperson - TL or member who is in charge of communicating with the motorists subject for
checkpoint;

d. Investigation Sub - team - in charge of investigation and documentation of possible incidents in the
checkpoint to include issuance of Traffic Citation Ticket (TCT) or Traffic Violation Report (TVR):

e. Search/Arresting Sub-Team - designated to conduct search, seizure and arrest, if necessary;

f. Security Sub-Team - tasked to provide security in the checkpoint area; and

g. Blocking/Pursuing Sub-Team - team tasked to block/ pursue fleeing suspects/vehicles.

11.4 Procedure in the Conduct of Regular Police Checkpoint

a, Unit Commanders should inform Higher Headquarters (HHQs) Tactical Operations Center (TOC) and
coordinate with adjacent units, such as MPS, CPS, NSUs, Public Safety Company Forces, and other
friendly forces, personally or through an official representative, before commencing with the checkpoint
to avoid misencounter and any untoward incident;

b. The TL shall brief the PNP personnel, as well as the civilian components present, including the media
regarding the proper conduct of the checkpoint and their assigned tasks before their deployment;

c. The TL shall initially account for the PNP personnel and check if they are in the prescribed uniform.
PNP personnel conducting the checkpoint shall display their nameplates at all times. If wearing a jacket,
the flap of the jacket bearing their names should also be displayed. Likewise, the equipment will include,
but not limited to, the following:

(1) Marked Patrol vehicles:

(2) Firearms with basic load of ammunition;

(3) Handheld and vehicle base radios

(4) Flashlights,

(5) Megaphone,

(6) Video camera, and

(7) Signage:

(a) Warning signs: (e.g., Slowdown Checkpoint Ahead, Checkpoint 20 Meters Ahead, etc); and

(b) Information signs: Name of the Unit and TL

d. The Spotter of the team will be pre-positioned in a place where he can best point/profile suspected
vehicles before their approach to the checkpoint,

e. Search/Arresting Sub-Team shall flag down suspected vehicles and conduct search, seizure, and
arrest, if necessary

f. In the event of seized drugs, the team having initial custody and control of the drugs shall immediately
conduct a physical inventory and photograph the same in the presence of the accused or the person's
from whom such items were confiscated and/or seized, or his/her representative or counsel, a
representative from the media and DOJ, any elected public official who shall be required to sign the
copy of the inventory and be given a copy thereof,

g. Arrested persons and seized items shall be tumed over to the investigation sub-team for
documentation and proper disposition;
h. In the event that the checkpoint is ignored, and the occupants of the vehicle open fire on the
personnel manning the checkpoint, reasonable force to overcome the suspects' aggression may be
employed,

i. Inform Higher Headquarters before terminating the conduct of Checkpoint;

j. The TL shall conduct a debriefing of personnel after the termination of the Checkpoint, and

k. Unit Commander shall submit After-Activity Report to Higher Headquarters.

11.5 Procedure in the Conduct of On-the-Spot (Hasty) Checkpoints

a. PNP personnel conducting mobile patrols on board patrol vehicles will initially man the checkpoint, to
be complemented by additional personnel upon arrival of reinforcement. A collapsible signage with
markings: "Stop, Police Checkpoint if available, indicating also the name of the concerned police
office/unit conducting the operations, will be used for the purpose,

b. In the case of PNP personnel conducting Internal Security Operation (ISO) or foot patrol, where a
vehicle and collapsible signage are not readily available, the checkpoint shall be manned initially by said
personnel;

1. If the vehicle's windows are heavily tinted and the occupants cannot be seen, instruct the driver to
open all windows to have a clear view of the interior of the vehicle;

j. Instruct the driver to turn off the ignition, if this was not done when the vehicle stopped, in case of
motorcycle instruct the driver to remove the key and disembark,

k. The other members of the team must be on guard for any eventuality while the vehicle is being
approached;

l. Talk to the driver in a most courteous manner and inform him of the nature of his violation. Demand
to see the driver's license, photocopies of the certificate of registration and the official receipt Examine
these documents and counter-check the driver on the information reflected therein,

m. If it concerns traffic violations, immediately issue a Traffic Citation Ticket (TCT) or Traffic Violation
Report (TVR). Never indulge in prolonged, unnecessary conversation or argument with the driver or any
of the vehicle's occupants;

n. In case of other violations that require the impounding of the vehicle, inform the driver regarding this
situation and instruct him to follow you, after issuing the TCT/ TVR; and

o. Before moving out, inform Headquarters regarding the situation/status and disposition of the person
and motor vehicle accosted.

11.8 Dealing with Hostile Situation

The following are the procedures to be followed in dealing with hostile drivers:
a. Stopping Vehicles

(1) Follow the procedure stated in paragraphs a to c of Rule 11.7;

(2) Immediately request for back-up;

(3) Follow the suspect and always keep him within visual range;

(4) Expect that the suspect will notice your action at any time. Be prepared for hot pursuit or actual
hostile confrontation;

(5) If the back-up is already in the vicinity, inform Headquarters that you are proceeding to accost the
suspect,

(6) Inform the suspects that you are after them through the use of siren or megaphone and instruct the
driver to pull over or stop on the side of the street;

(7) Park at an appropriate distance behind the suspect's vehicle;

(8) While the vehicle is being approached, the other members of the crew and back-up must be on
guard for any eventuality. Overreactions or aggression on the part of the police should be avoided

(9) If the vehicle's windows are heavily tinted and the occupants cannot be seen, instruct the driver to
open all windows for a clear view of the vehicle's interior,

(10) Direct the driver and other occupants of the vehicle not to make unnecessary movements and to
show their hands outside the car,

(11) Instruct the driver to tum off the ignition and toss the key to the ground. Demand to see the
Driver's License and photocopies of the vehicle's certificate of registration and the official receipt
Examine the documents and counter-check the driver on the information reflected therein, and

(12) If there are other suspects aside from the driver, separate them from one another

b. Fleeing Vehicles

(1) In the event that the motor vehicle did not stop despite the warning given, inform Headquarters or
adjacent units so that dragnet operations or police defensive roadblocks can be set-up:

(2) Inform Headquarters of the make or type, plate number, and color of the motor vehicle to be
accosted including the number of occupants and, if possible, their identity:

(3) State the reason(s) for flagging down the suspected motor vehicle; (

(4) Give the mobile car's location and its direction before making actual intervention,

(5) When the vehicle of the suspect is cornered or stopped, instruct the driver and other occupants in a
clear and commanding voice to follow specifically what you will require of them. Failure on their part to
follow will be construed as a hostile act on their part. Execute instructions on the use of reasonable
force;

(6) Instruct the driver to turn off the ignition and toss the key to the ground, open the door, and step out
of the vehicle, then instruct him to place his hands on top of the vehicle, or to move towards you with
his hands up:

(7) Instruct other occupants of the vehicle, if any, to come out one by one, and follow what the driver
has been instructed to do earlier,

(8) Arrest, handcuff and search the suspects and bring them to Headquarters for proper disposition, and

(9) Before moving out, inform Headquarters about the situation, status, and disposition of the suspects
and motor vehicle accosted.

11.9 High-Risk Stop and High-Risk Arrest

a. Initial Stage

Upon receipt of information involving the movement of armed persons or persons, either singly or in
groups, including the unauthorized movement of government troops, or in immediate response to a
reported commission of crime perpetrated by armed persons, the PNP shall immediately:

(1) Organize appropriate tactical security forces utilizing maximum firepower and armor assets,

(2) Deploy the security forces to stopping zones in a defensive position; and (3) Seal off the area and
establish strong roadblocks/ barricades.

b. Effecting a High-Risk Stop

When effecting a high-risk stop, the police officer shall:

(1) Exert utmost effort to persuade the suspects to halt or stop their movement.

(2) Start with the procedural conduct of regular warrantless arrest where arrest is inevitable.

(3) Ensure proper documentation of the process.

(4) Respect the rights of all the persons involved.

c. During Violent Stage

The PNP shall strictly adhere to the PNP Operational Procedures (POP), particularly on the use of force
(Rule 7).

11.10 Police Defensive Roadblock

Police Defensive Roadblock is a temporary installation or hastily built barricade set for halting traffic to
facilitate the apprehension/neutralization of an armed person/suspect onboard a motor vehicle.

a. Pre-Conditions in Establishing Police Defensive Roadblocks:

A police defensive roadblock may be established in any of the following conditions/situations:

(1) The object vehicle/s must be the subject of a recent flash alarm,

(2) The driver/occupants of the vehicle are presumed hostile and will not stop at the checkpoint;

(3) The vehicle disregarded a police-established checkpoint when flagged down;

(4) The identified vehicle and occupants must be the subject of a police case/combat operational plan;

(5) There is unauthorized troop movement; or

(6) There must be validated information on any of the following:

(a) On-going hot pursuit/police chase;

(b) Movement of suspected armed persons onboard a motor vehicle,

(c) Report of suspected armed men who have just committed a crime,

(d) Vehicle carrying escaped prisoner, or

(e) Armed motorcycle-riding criminals

b. Procedures in Establishing Roadblock:

(1) Before the Roadblock:

A. Organize appropriate/sufficient police tactical security forces, utilizing maximum firepower and

armor assets (if any), with the following team composition

1. Team Leader (TL) shall lead and take responsibility for the conduct of roadblocks preferably an officer
with the rank of at least Police Inspector;

2. Forward observer/spotter - PNP personnel who will point/profile suspected vehicle subjectbfor
roadblock;

3. Spokesperson TL or member who is solely in charge of communicating with the armed suspects
onboard a motor vehicle subject for roadblock;

4. Sniper - to render the vehicle un-operational to avoid escape and provide fi repower support to
neutralize armed and hostile suspects during fi refight:
5. Investigation Sub-team - in charge of investigation and documentation of the roadblock;

6. Search/Arresting Sub-Team - designated to conduct search, seizure and arrest;

7. Security Sub-Team - tasked to provide security in the roadblock area and ensure exclusionbof other
vehicles and civilians not subject of the roadblock,

8. Blocking/Pursuing Sub-Team - tasked to block/pursue fleeing suspects/vehicle:

9. Medical Sub-Team - tasked to provide immediate medical assistance if necessary:

10. Additional tactical personnel/team may be employed depending on the size of the hostiles,

11. Videographer - tasked to take videos of the entire roadblock operation

B. The Team Leader (TL) shall brief the elements/members of the Police Roadblock and perform the
following

1. Inform the next higher Headquarters of the make or type and plate number of the motor vehicle to be
accosted, including the number and, if possible, the identity of the occupants;

2. State the reason(s) for the planned intervention of the suspected motor vehicle:

3. Give the exact location of the roadblock to include personnel involved, available equipment, and
marked vehicles,

4. Coordinate with the Chief of Police and friendly forces who has territorial jurisdiction over the area
and

5. Immediately contact adjacent units to inform them of the situation so that these units can conduct
dragnet operation, while the members of the blocking/pursuing team shall block or pursue the fleeing
suspects/vehicle.

C. Participating personnel in the roadblock must be in their prescribed uniform, and

D. In a roadblock, since troop deployment is urgent and public safety is at risk, the participation of
civilian component and the presence of media in the roadblock shall not be allowed

(2) During the Roadblock:

(a) Establish forward observers/spotters and rear checkpoint,

(b) Deploy security forces in a strategic and defensive position, (c) Establish a strong roadblock on
selected strategic areas,

(d) Deploy road spikes or tire deflation system if available;

(e) Ensure that the whole intervention procedure is documented by the videographer,
(f) As much as possible, the area where the roadblock shall be established must be properly lighted with
noticeable signage bearing the name of the PNP Unit visibly displayed and in a safe distance from a
populated area to prevent collateral damage if a firefight ensues,

(g) Police car lights must be turned on at all times during the operation;

(h) Identify yourself-rank, name, and unit verbally and make known to the suspect/s that you are after
them through the use of a siren or megaphone,

(i) If the vehicle's windows are heavily tinted and the occupants cannot be seen, instruct the driver to
open all windows to have a clear view of the interior of the vehicle;

(j) Instruct the driver to turn off the ignition (if this was not done when the vehicle stopped) and order
all the occupants to disembark, followed by their hands to be placed on top of the vehicle;

(k) The other members of the team must be on guard for any eventuality while the vehicle is being
approached;

(l) Intervention procedures upon stop of subject vehicle: Exert utmost effort to persuade the suspects to
halt or stop their movement;

i. Start with the procedural conduct of regular warrantless arrest where arrest is inevitable;

ii. Ensure proper documentation of the process, and

iii. Respect the rights of all the persons involved.

(m) Procedures when suspects open fi re/engage the troops:

a. in the event that the occupants of the vehicle open fire on the personnel manning the roadblock,
reasonable force to overcome the suspects' aggression may be employed

b. Use only necessary force to neutralize suspects;

c. Prevent panic firing:

d. Prevent collateral damage; and

e. Account for the casualties.

(3) After the Roadblock:

(a) When suspect/s surrendered or are arrested:

1. Arrested persons must be apprised of their rights in reference to the Miranda Doctrine, and

2. An After-Roadblock Operations Report must be submitted to their respective units organization for
proper evaluation of the efficacy of the operation.
(b) When suspects engage with troops

1. Account for the casualties and give immediate medical assistance to the wounded,

2. Protect/preserve the crime scene/ engagement area, and

3. Ensure proper documentation of the process.

(c) Fleeing Vehicles:

1. In the event that the motor vehicle did not stop and it evaded the roadblock despite the warning
given, inform Headquarters or adjacent units so that another roadblock can be set-up;

2. Fleeing vehicles shall not be fired upon except by a sniper but only to disable the vehicle;

3. Inform Headquarters of the make or type, plate number, and color of the motor vehicle to be
accosted including the number of occupants and, if possible, their identity,

4. State the reason(s) for flagging down the suspected motor vehicle,

5. Give the mobile car's location and its direction before making actual intervention; and

6. Establish Hot Pursuit Operation.

POLICE LINE-UP

involve a witness looking at several people.

One of these people is a law enforcement suspect in an alleged crime. The other people are "fillers." The
witness's job is to try to identify the suspect

Law enforcement generally conducts police lineups using one of three methods

A. Simultaneous lineups - The witness views every member of the lineup at the same time.

B. Sequential lineups - The witness views the lineup participants one by one. Most police departments
use photo lineups or photo arrays.

C. Photo lineups (simultaneous or sequential) - Use simultaneous or sequential lineup methods but use
a photo array of the suspect and fillers rather than a live lineup.

Module 18

CUSTODIAL INVESTIGATION - involves any questioning initiated by law enforcement officers after a
person has been taken into custody otherwise deprived of his freedom of action in any significant way.

- shall include the practice of issuing an "invitation to a person who is investigated in connection with an
offense he is suspected to have committed, without prejudice to the liability of the "inviting" officer for
any violation of law (RA 7438)
The right to custodial investigation begins only when the investigation is no longer a general inquiry into
an unsolved crime but has begun to focus on a particular suspect, the suspect has been taken into police
custody, the police carry out a process of interrogations that lends itself to eliciting incriminating
statements (Escobedo vs. Illinois, 378 US 478, People vs. Marra 236 SCRA 565)

A. The rights of an accused person under in-custody investigation are expressly enumerated in Sec. 12,
Art. Ill of the Constitution:

3. Any person under investigation for the commission of an offense shall have the right to be informed
of his rights to remain silent and to have competent and independent counsel

preferably of his own choice, if the person cannot afford the services of counsel, he must be provided
with one. These rights cannot be waived except in writing and in the presence of counsel

4. No torture, force, violence, intimidation or any other means which vitiate the free will shall be used
against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are
prohibited.

5. Any confession or admission in violation of this or Sec. 17 (Self-Incrimination Clause) hereof shall be
inadmissible in evidence against him,

6. The law shall provide for penal and civil sanctions for violation of this section as well as compensation
to aid rehabilitation of victims of torture or similar practice and their families

B. Under RA 7834, the following are the rights of persons arrested, detained or under custodial
investigation:

1. Any person arrested, detained or under custodial investigation shall at all times be assisted by counsel

2. Any public officer or employee, or anyone acting under his order or in his place, who arrests, detains
or investigates any person for the commission of an offense shall inform the latter, in a language known
to and understood by him, of his right to remain silent and to have competent and independent counsel,
preferably of his own choice, who shall at all times be allowed to confer privately with the person
arrested, detained or under custodial investigation. If such person cannot afford the services of his own
counsel, he must be provided with a competent and independent counsel by the investigating officer,

3. The custodial investigation report shall be reduced to writing by investigating officer, provided that
before such report is signed, or thumb marked if the person arrested or detained does not know how to
read and write, it shall be read and adequately explained to him by his counsel or by the assisting
counsel provided by the investigating officer in the language or dialect known to such arrested or
detained person, otherwise, such investigation report shall be null and void and of no effect whatsoever,

4. Any extrajudicial confession made by a person arrested, detained or under custodial investigation
shall be in writing and signed by such person in the presence of his counsel or in the latter's absence,
upon a valid waiver, and in the presence of any of the parents, older brothers and sisters, his spouse, the
municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as
chosen by him, otherwise, such extrajudicial confession shall be inadmissible as evidence in any
proceeding.

5. Any waiver by person arrested or detained under the provisions of Art. 125 of the Revised Penal Code
or under custodial investigation, shall be in writing signed by such person in the presence of his counsel,
otherwise such waiver shall be null and void and of no effect,

6. Any person arrested or detained or under custodial investigation shall be allowed visits by his or
conferences with any member of his immediate family, or any medical doctor or priest or religious
minister chosen by him or by his counsel, or by any national NGO duly accredited by the Office of the
President. The person's -immediate family shall include his or her spouse, fiancé or fiancée, parent or
child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or
ward.

Note: REPUBLIC ACT NO. 7438 is "An Act Defining Certain Rights of Person Arrested, Detained or Under
Custodial Investigation as well as the Duties of the Arresting, Detaining and Investigating Officers, and
Providing Penalties for Violations Thereof

Three rights are made available by Sec. 12(1) of the 1987 Philippine Constitution:

1. The right to remain silent Under the right against self-incrimination in Sec. 17, only an accused has the
absolute right to remain silent. A person who is not an accused may assume the stance of silence only
when asked an incriminatory question. Under Sec. 12, however, a person under investigation has the
right to refuse to answer any question. His silence, moreover, may not be used against him.

2. The right to counsel Example of those who are not impartial counsel are (1) Special counsel, private or
public prosecutor, counsel of the police, or a municipal attorney whose interest is adverse to that of the
accused; (2) a mayor, unless the accused approaches him as counselor or adviser, (3) a barangay
captain; (4) any other whose interest may be adverse to that of the accused 3. The right to be informed
of his rights the right guaranteed here is more than what is shown in television shows where the police
routinely read out the rights from a note card; he must also explain their effects in practical terms
(People vs. Rojas, 147 SCRA 169). Short of this, there is a denial of the right, as it cannot then truly be
said that the person has been informed of his rights.

20.1 Duties of the Police During Custodial Investigation

a. 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;

b. 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:
(1) That he has the right to remain silent;

(2) That if he waives his right to remain silent, anything he says can be used in evidence against him in
court;

(3) That he has the right to counsel of his own choice;

(4) That, if he cannot afford one, he shall be provided with an independent and competent counsel; and

(5) That he has the right to be informed of such rights.

c. If the person arrested, detained, or under custodial investigation has opted to give a sworn statement,
the arresting officer, or the investigator, as the case may be, must reduce it in;

d. The arresting officer must ensure that, before the sworn statement is signed, or thumb-marked if
there is the 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;

e. 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:

(1) In writing;

(2) Signed by such person in the presence of his counsel; or

(3) 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.

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;

f. 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 pwith any
member of his immediate family, any medical doctor, priest, imam or religious minister chosen by him
or by any member of his immediate family or by his counsel, or by any local Non-Governmental
Organization (NGO) duly accredited by the Commission on Human Rights (CHR) or by any international
NGO duly accredited by the Office of the President. His "immediate family shall include his spouse,
parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, guardian or
ward, and fiancé or fiancée; and

g. After interrogation, the person under custodial investigation shall have the right to be informed of his
right to demand physical examination by an independent and competent doctor of his own choice. If he
cannot afford the services of a doctor of his own choice, he shall be provided by the State with a
competent and independent doctor to conduct physical examination. If the person arrested is female,
she shall be attended to preferably by a female doctor.

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.

Module 19

CONFESSION - It is the declaration of an accused acknowledging his guilt of the offense charged, or of
any offense necessarily included therein.

The voluntary acknowledgement by a person of his guilt of the offense charged or of any offense
included therein, may be given in evidence against him.

Evidentiary value:

1. Confessions are admissible against the confessant. They are evidence of a high order for the reason
that no person in his right senses would admit his guilt or participation in the commission of a crime,
knowing that it would subject him to punishment. He must be prompted by truth.

2. But for purposes of conviction, the confession must be corroborated by evidence of corpus delicti
(body of the crime) according to Section 3 of Rule 133.

a. Corpus delicti, or the fact that a crime was committed, has two elements: (1) an injury or harm which
was suffered by a person and (ii) the cause or origin thereof must be criminal.

3. As to oral extra-judicial confessions, they afford no conclusive proof of that which they state but
merely present a prima facie case. It may still be proved they were uttered/made in ignorance, or levity
or mistake.

JUDICIAL CONFESSION - is a confession that is made in front of a magistrate or in a court. It may be

made in the course of a judicial proceeding.

When the accused pleads guilty during the arraignment, or when the accused testifies and admits the
offense.

EXTRA-JUDICIAL CONFESSION - is a declaration made voluntarily and without compulsion or

inducement by a person under custodial investigation, stating or acknowledging that he had committed
or participated in the commission of a crime. An extra-judicial confession is admissible in evidence if the
following requisites have been satisfied:

a. it must be voluntary,

b. it must be made with the assistance of competent and independent.counsel

c. it must be express, and

d. it must be in writing.

Custodial: Includes all situations where a person is under the custody of, or deprived of personal liberty
by, public officials whose functions include the apprehension of criminals and/or investigation of crimes,
who are often the law enforcement agents, as well as those tasked to enforce the law, violated.

A. The person may have been lawfully arrested by virtue of a warrant of arrest

B. The person was arrested lawfully without a warrant

C. The arrest is illegal

D. The person voluntarily surrendered

E. The rule applies whether or not a formal charge has already been filed in court, or a crime is still being
investigated and the person is merely a suspect.

Non-custodial: Either the confessant is not in the custody of any person or is custody but the custodians
are private persons, private security agencies, or of their employers, or even of public officials but who
are not law enforcement agents, such as the Mayor or the Barangay Captain.

Note: To be acceptable, extrajudicial confession must conform to the constitutional requirements. An

extrajudicial confession is not valid and inadmissible in evidence when the same is obtained in violation
of any of the following rights of an accused during the custodial investigation: (1) to remain silent, (2) to
have an independent and competent counsel preferably of his choice, (3) to be provided with such
counsel, if unable to secure one, (4) to be assisted by one in case of waiver, which should be in writing,
of the foregoing, and (5) to be informed of all such rights and of the fact that anything he says can and
will be used against him.

REQUIREMENTS FOR ADMISSIBILITY

A. That the confession must be voluntary i.e. it was given freely, knowingly, and intelligently.

1. This requirement applies to all kinds of confessions

2. The accused gave the confession of his own free will, with full understanding and knowledge of its
consequences and that he was not coerced, pressured, forced, intimidated or improperly influenced, or
subjected to third degree.

The force or intimidation need not be applied personally to the confessant but to a third person so long
as the purpose is to affect the will of the confessant and the giving of the confession is the condition for
the force to stop.

3. The Test of Voluntariness involves two aspects:

a) The susceptibility of the suspect to be influenced by fear or force considering his: (i) background (ii)
intelligence (ii) education (iv) prior experience with the system (v) physical condition (vi) mental
condition and (vii) coping skills

b). Environment and Method of Investigation used which include considering (i) the location of the
setting (ii) length of the questioning (iii) intensity (iv) frequency of the questioning (v) food and sleep
deprivation and (vi) intimidating presence of officers

4. In the event the confession was due to an inducement, consideration, promise or exhortation, the
following rules govern:

a). The confession is voluntary if due to religious exhortation

b). Voluntary if due to given due to material considerations or promise or reward of material or financial
or any form of gain

c). In the case of a promise of immunity, it is involuntary if the promise was made by one who is in a
position to fulfill the promise, such as the investigating officer or the complainant. But a promise by the
police that he will get a lower penalty does not make the confession involuntary.

d). But if the accused gave a confession as a condition for being discharged as a state witness but later
refused to testify, his confession is voluntary

e) Involuntary if due to a promise or offer of a pardon by one who is in a position to work for it

5. Admissibility of Confession obtained by Trickery or Deceit

1. The general rule is that the use of artifice, trickery, or fraud in inducing a confession will not alone
render the confession inadmissible as evidence. For example those obtained by detectives posing as
prisoners or obtained by promise of secrecy and help to escape or by conversations between suspects
and undercover agents are admissible.

2. The Miranda rule does not apply because when a suspect considers himself in the company of cell
mates and not officers, the coercive atmosphere is lacking. Miranda forbids coercion, not mere strategic
deception by taking advantage of a suspect's misplaced trust in one he supposes to be a fellow prisoner.

3. But the rule is different when the suspect has already been indicted or arraigned

A. The Massiah rule based in the case of Massiah vs. US states that once adversary proceedings have
been commenced against an individual, he is entitled to counsel, and the government may not
deliberately "elicit incriminating statements from him, neither openly by uniformed officers or by secret
agents. 1. The Massiah rule includes stimulated conversions to "elicit" incriminating evidence or any
form of "INDIRECT SURREPTITIOUS INTERROGATION"

2. However, Massiah does not apply when a cellmate, who agreed to be an informer, merely listened to
the suspect and did not initiate any conversation purposely to lead the suspect to "talk"
B. Additional Requirement for Custodial Confession to be admissible

1. The confession must be in writing

2. In a language known or understood by the confessant

3. It was given with the assistance of counsel, or that the right to counsel was properly waived (in writing
and with the assistance of counsel) and the confessant was properly Mirandized.

a) The giving of the constitutional warnings must appear in the confession and in fact, must preface the
questioning

b) The giving must be in a manner that communicates meaningful information to the confessant

c) Counsel refers to a competent, able, and independent counsel; one who is vigilant and aware of his
responsibility as assisting counsel. He was either chosen by the accused or provided to him by friends or
relatives, or one appointed by the court upon Petition by the confessant or by one acting on his behalf

d). If counsel is provided by the investigating officer, the counsel shall be deemed engaged by the
confessant if he never raised any objection against the former's appointment during the investigation
and thereafter subscribed to the veracity of his statement before the administering officer.

4. It must be signed or thumb-marked by him

Presentation of Confession

1. Through the officer who took the confession who shall identify the confession, the signature of the
accused therein and his counsel if with the assistance of counsel, and who shall testify as to the giving of
the constitutional warnings, and that the giving of the confession as voluntary.

a) The presumption of regularity in the performance of duty cannot be availed of to assume the
constitutional warnings were properly given.

2. Through the testimony of the person to whom the confession was handed, if it was not taken by the
police, or to whom the oral confession was made.

Effects of Judicial vs. Extrajudicial Confessions

A judicial confession is sufficient in itself to sustain a conviction, even in capital offenses. On the other
hand, an extrajudicial confession is insufficient in itself to sustain a conviction. It must be corroborated
by evidence of the corpus delicti.

ADMISSION - It is an act, declaration, or omission as a relevant fact. It may be given by a party or by a

third-party.
The voluntary acknowledgment made expressly or impliedly by a party to a case or by another by whose
statement the party is bound, against his interest, of the existence or truth of such fact in dispute,
material to the issue.

By this meant that a party to a case performed an act, made a declaration/statement whether oral or
written, or omitted to do something, that is contrary to his cause of action or to his defense, and which
may therefore be used as evidence against him.

A. KINDS

1. As to where it is made:

1.1 Judicial - if made in the proceedings of the case where it is to be used as evidence

1.2. Extra judicial - if made outside the proceedings of the case.

2. As to how made:

2.1 Express; or

2.2. Implied

3. As who made the admission:

3.1. By the party to the case either as the offended party or accused, or as the plaintiff or defendant

3.2. Third person due to the principle of Vicarious Admissions or Adoptive Admissions.

4. As to form:

4.1. By an act or conduct

4.2. Declaration either oral or written or

4.3 Through an omission

5. As to their effect:

5.1. Against Interest

5.2. Self-serving admissions

B. REASON FOR THE RULE: Presumption of truth in the admission that no person would do an act or
declare something contrary to his interest unless such act or declaration is true

C. REQUIREMENTS FOR ADMISSION

a. It must be relevant to the issues in the case

b. It must be express, certain, definite, and unequivocal

c. Must be an admission of a fact, not an expression of an opinion

d. Must not be self-serving (Self-serving admissions are those made to favor a declarant) because they
are hearsay.

e. It must have been made freely and voluntarily

D. EVIDENTIARY VALUE:

a. Either as independent evidence to prove a fact or

b. For purposes of impeachment

E. HOW TO PROVE.

An admission may be proved by the testimonies of those who heard the oral statement or to whom it
was given, or who saw the act, and by presenting the written declaration itself.

Rules on Offer of Compromise

A. CIVIL CASE: Not an admission of liability; not admissible in evidence against the offeror

B. CRIMINAL CASE: Admissible against the accused as an implied admission of guilt

Exceptions:

a. Quasi- offenses (Criminal Negligence)

b. Those offenses allowed by law to be compromised.

The following are not admissions of liability or guilt and are therefore not admissible in evidence:

a. Plea of guilty later withdrawn;

c. Unaccepted offer of plea of guilty to a lesser offense;

d. Offer to pay or payment of medical, hospital or other expenses occasioned by an injury.

Module 20

INTERVIEW - is the simple questioning of a 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 - It is conducted with willing and cooperative witnesses, where they are given the
full opportunity to narrate their accounts without intervention, interruption, and interference from the
interviewer. After the subject has finished his narration, the investigator now subjects him 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 what he knows
about what is being asked. In the case of subjects of low levels of intelligence, the use of leading
questions greatly helps the investigator to obtain the full and desired information.

PHASES OF INTERVIEW

1. Preparation. Investigator's review of the facts at the crime scene and questioning serves this stage A
background data of the subject should be available so that he could adapt himself to the kind of
approach to be employed.

2. Approach. This is done through investigator's careful selection of the kind of approach he will use,
which maybe a single kind, a combination of two or the application of all techniques

3. Warming Up. This is done by preliminary or exploratory questions to clear the atmosphere, promote
a conducive place for cordiality, respect and trust for each other

4 Cognitive Interview. This is performed by allowing or asking now the subject to narrate his account
without interruption, intervention or interference. It is only after the completion of the uninterrupted
narration that the investigator begins his direct and cross-examinations

INTERROGATION. - is the vigorous and confrontational questioning of a reluctant suspect about his
participation in the commission of crime.

- It is confrontational in the sense that the investigator places the guilt on the accused. This process is
applied to an uncooperative or recalcitrant suspect/witness. Interrogation is one of the most difficult but
most interesting phases of criminal investigation and detection.

- It is a challenging battle of wit between the investigator and the suspect.

Module 21

What is the Golden Rule in Interview?

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

What is the Right Principle in 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.
QUALITIES OF A GOOD INTERVIEWER

1. Rapport. It refers to the good relation between the interviewer and the interviewee, which is
conducive to a fruitful result. It is winning the confidence of a person being interviewed in order that he
will tell all the information. The interviewer must be in a respectable civilian attire because, most often
and for the majority of people, police uniforms are 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 his language are the mainstays of the strength of his
character. He must be understanding, sympathetic, and without showing official arrogance, the vulgarity
of expressions, and air superiority.

3. Knowledge of Psychology/Psychiatry. This helps the interviewer to determine the personality and
intelligence of his subject, he must go down and up to the level of understanding of his particular
subject.

4. Conversational Tone of Voice. The Investigator's tone of voice must be conversational, not
confrontational as in interrogation. It means that the interviewer must know how to appropriately use
his voice normally, without unusual loudness that may affect the interview process.

5. Acting Qualities. He must possess the qualities of an actor, salesman, and psychologist and know how
to use the power of persuasion to convince the person to disclose what he knows about the issue being
investigated.

6. Humility. He 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 which may give a good
impression to the person being interviewed.

RULES IN QUESTIONING

1. One Question at a Time. Multiple, complex, and legalistic questions should be avoided. One question
at a time is desired.

2. Avoid Implied Answer. The nod of the head or any other body language as a response to the
questions should be avoided. The answers must be oral, clear, explicit, and responsive to the questions.

3. Simplicity of Question. A short simple question at a time is required if the answer needs qualification,
then, it should be allowed. Avoid legalistic questions such as who is the murderer, or who is in
conspiracy with the subject 4. Saving Face, Embarrassing questions on the subject on matters of
exaggeration or honest errors about time, distance, and description can be avoided if the investigator
will cooperate with the subject to save his face. The investigator should not fault or ridicule the subject
on these matters 5. Yes and No Answer. Do not ask questions that could be answered by yes or no only.
It will curtail the complete flow of information and will lead to inaccuracy.
GOALS OF INTERROGATION

1. To find out the truth about the crime.

2. To obtain an admission or confession of guilt from the suspect.

3. To gain all facts 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 a logical conclusion

What is the main purpose of interrogation?

- To obtain confession or admission from the suspect and to learn relevant information from
uncooperative witnesses.

TECHNIQUES OF INTERROGATION

1. Emotional Appeal. This is a technique where the investigator, combining the skills of an actor and a
psychologist, addresses the suspect with an emotional appeal to confess

2. Sympathetic Approach. The investigator, in his preliminary or probing questions, must dig deep into
the past troubles, plight, and unfortunate events in the life of the suspect

3. Friendliness. It refers to a friendly approach coupled with a posture of sincerity, this may induce the
suspect to confess.

4. Trick and Bluff Techniques. The kinds of tricks and bluffs are:

a. Pretense of Solid Evidence. The Investigator bluffs the suspect that even if he does not confess, there
is enough evidence to send him to jail. If he confesses, the investigator will see to it that his 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
companions have already confessed

c. Drama. The weakest link may be used to fake pain and agony by ordering him 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.

d. Feigning Contact with Family Members. The suspect could be tricked that the prober had gone to the
family members who had supplied facts against the suspect. The suspect's family will be dragged into
the investigation if the suspect does not confess.

e. Line Up. The complainant, witness, or victim is requested to point positively to the suspect in the
police line-up but they are previously coached about the identity of the suspect.
f. Reverse Line Up. The suspect is placed among other persons in a lineup and is identified by several
complainants or witnesses who will associate the suspect with other several crimes. This will cause the
suspect to become desperate and confess only to the case under investigation, to avoid being charged
with false accusations

2. Stern Approach. The investigator displays a stern (demands immediate response) personality towards
the suspect by using the following methods:

a. 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.

b. Opportunity to Lie. The suspect is given all the opportunities to lie. The suspect is questioned about
his personal life, family, friends, and his knowledge about the complainant and witnesses. Then the
suspect is questioned about his activity before, during, and after the commission of the crime. This is
repeated many times, to include the investigator focusing his questions on 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.

c. Mutt and Jeff or Sweet and Sour Method. The first set of investigators must appear to be rough
(dangerous). When they had finished the interrogation, the second investigator intervened by stopping
the first set of investigators. By being sympathetic and understanding, he begins his interrogation. If the
suspect still refuses to cooperate, then the process is repeated until there is a confession.

d. 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 the Filipino way of life that we put our trust and confidence in those who belong
to our clan or tribe.

e. Searching for the Soft Spot. In every man's heart, there is always that soft spot. It may be 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.

3. 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 may maybe a necessity to feed a starving family.

4. Projection. It is the act of blaming other persons, not alone on the suspect. The murderer may blame
the mastermind for corrupting him with big sums of money, or the mastermind may blame the
greediness of the victim or the husband may blame the wife for her infidelity

5. 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 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.