FUNDAMENTALS OF CRIMINAL INVESTIGATION WITH INTELLIGENCE

Prepared by: Prof. Karolina Erika A. Buted, RCrim, CCS

Top 5, CLE December 2021

WORLDWIDE DEVELOPMENT OF CRIMINAL INVESTIGATON

1720s, ENGLAND: - JONATHAN WILD

• He was a buckle maker then a brothel operator; a master criminal who became
London’s most effective criminal investigator.
• He was the most famous THIEF-CATCHER in 1720s.
• His methods or techniques made popular the logic of EMPLOYING A THIEF TO
CATCH A THIEF.

1750s, ENGLAND: - HENRY FIELDING

• An Englishman who wrote a novel entitled “Tom Jones” and was appointed as
magistrate (sheriff) for the areas of Westminster and Middle Age, London.
• He was the creator of the BOW STREET RUNNERS while he was the magistrate;
he formed a group of police officers attached to the Bow Street Court, and not in
uniform, performing criminal investigative functions.

1753, ENGLAND: - SIR JOHN FIELDING

• The younger brother of Henry Fielding who took over the control of Bow Street
Court in 1753. His investigators were then called Bow Street Runners and became
quite effective because of his personal guidance despite the fact that he was blind.
• He introduced the practice of developing paid informants, printing wanted notices,
employing criminal raids, and bearing firearms and handcuffs.

1759, USA: The US CONGRESS created the office of the GENERAL AND REVENUE
CUTTER SERVIC
• This is the first organized federal law enforcement and investigative effort made by
the US government.

1800, LONDON: - PATRICK COLQUHOUN

• A prominent London president who proposed the unique idea of creating sizeable
uniformed force to police the city of London in order to remedy the public outcry
concerning the alarming increase of criminality during the early 1800s.

1811, FRANCE: - EUGENE ‘Francois” VIDOCQ

• He was a criminal who turned Paris Investigator. He is a former convict who
became a notorious thief-catcher in France.
• He is credited as the founder of LA SURETE, France’s national detective
organization. He made popular the concept of “SET A THIEF TO CATCH A
THIEF”.
• He introduced the concept of ‘TRADE PROTECTION SOCIETY’, which is a
forerunner of our present-day credit card system.
 • He created a squad of ex-convicts to aid the Paris police in crime investigation

1829, LONDON: - SIR ROBERT PEEL

• The founder and chief organizer of the London Metropolitan Police – the
SCOTLAND YARD.
• He reiterated the idea of creating sizeable police force in his recommendations,
which lead to the passage of the Metropolitan Police Act.
• This act had a tremendous impact on the history of criminal justice in general, and
on the development of criminal investigation specifically.
• He introduced the techniques of detecting crimes such as: detectives concealing
themselves, and secretly photographing and recording conversations.

1833, ENGLAND:
• The Scotland Yard employed the first undercover officer

USA:
• First daytime paid police department was established in Philadelphia, USA.

1835, USA: TEXAS RANGERS

• was organized as the first law enforcement agency with statewide investigative
authority, the forerunner of the Federal Bureau of Investigation.

1842: Scotland Yard created the first FULL-TIME INVESTIGATIVE

• which is a forerunner to the Criminal Investigation Division of Scotland Yard.

1851, BOSTON, MASSACHUSETTS, USA:

• Multi-suspect ID LINE-UP is employed in the first time.

1852, USA: - CHARLES DICKENS

• Through his story entitled BLEAK HOUSE, he introduced the term DETECTIVE to
the English language.

1852, USA: - ALLAN PINKERTON

• America’s most famous private investigator and founder of Criminal Investigation
in USA.
• He established the practice of handwriting examination in American courts and
promoted a plan to centralize criminal identification records.

1856, USA: - KATE WAYNE:

• The first woman detective in the history of criminal investigation, hired by the
Pinkerton Agency.

1887, DR. ARTHUR CONAN DOYLE

• He popularized the Scientific Criminal Investigation by creating the fictional
detective SHERLOCK HOLMES and his friend Dr. WATSON.
1893, GERMANY: - HANS GROSS:
• An Englishman who published a handbook for Examining Magistrates in Munich,
Germany and advocated the use of scientific methods in criminal investigation
process.
• Father of Criminalistics

1948, ABERDEEN, SCOTLAND:

• A new concept was introduced in the field of criminal investigation. This is known
as TEAM POLICING. In team policing, there is no patrol division or criminal
investigation per se. In this system, a team of police officers is assigned to patrol
and investigate all criminal matters within their area of jurisdiction or district.
• Team policing required that police officers who respond to a call regarding a
criminal case should investigate the case to its conclusion.

1961,USA: - Mapp vs. Ohio (376 vs. 584):

• The Supreme Court ruled the illegally obtained evidence is inadmissible in state
criminal prosecutions.

1965, USA: Office of Law Enforcement Assistance (forerunner of the Law Enforcement
Assistance Administration – LEAA)
• was established to fund and coordinate administration, research and training in
criminal justice.

1966, USA: - MIRANDA vs. ARIZONA (384 vs. 436):

• The US Supreme Court established procedural guidelines for taking criminal
confessions.

1. Right to remain silent with explanation that anything that he might say may be used
against him in the court of the law;
2. Right to talk to a lawyer, a relative, or a friend, and have a lawyer ready and a friend
present while he is being questioned; and
3. Right to the appointment of a lawyer if he cannot afford one.

1985 – PEOPLE vs. GALIT (GR#51770;March 20,1985)

• The right to a counsel maybe waived but the waiver, to be valid, must be made
with assistance of a counsel.

Criminal Investigation- is an art that deals with the identity and location of the offender
and prove his guilt in a criminal proceeding.

Criminal Investigation- it is the systematic method of inquiry that is more a science than
an art. The logic of scientific method must however, be supplemented by the investigator's
initiative and resourcefulness. The sequences of the investigation should be regarded by
scientific, operating framework that requires improvising on the part of the investigator.
Criminal Investigation
Is an Art– based on intuition, felicity of inspiration or by chance;
and a Science – based on adequate professional preparation and abundance of certain
qualities

SIX CARDINAL POINTS OF CRIMINAL INVESTIGATION

Investigator must seek to establish:
1. What specific offense has been committed?
2. How was the offense committed?
3. Who committed it?
4. Where was the offense committed
5. When it was committed?
6. Why it was committed?

OBJECTIVES OF CRIMINAL INVESTIGATION

1. Detect crime
2. Locate and identify suspect/s in crimes
3. Arrest suspect/s in crime
4. Recover stolen property
5. Prepare sound criminal cases for prosecution

Three tools of investigation (Three I’s of Investigation)

• Information – The knowledge or facts that the investigator had gathered or acquired
from persons or documents, which are pertinent or relevant concerning the commission
of a crime or criminal activities.
• Interview and Interrogation
• Instrumentation – This refers to the application of instruments, tools and police
sciences in criminal detection.

Special Crime Investigation- deals with the study of major crimes based on the
application of special investigative techniques. It is also the study concentrates more on
physical evidence; it’s collection, handling, identification and preservation in coordination
with the various criminalists in the crime laboratory.

Investigator- is the person who is charged with the duty of carrying out the objectives of
criminal investigation. He is an individual who gathers documents and evaluates facts
about crime
Criminal investigation can be based on the following approaches considering the type of
crime and the manner how it was collected such that:

1. Inductive approach - this approach in investigation follows a sequence from

specific to general such that investigators will look first at the pieces of evidence
before concluding as to what crime is committed.
2. Deductive approach - this approach in the investigation is contrary to the former
as this starts from general to specific such that investigators will first start looking
 at the body of the crime (corpus delicti) before proceeding with the individual
evidence as to how the crime was committed.

Duty of Criminal Investigator

• Establish that, in fact, a crime was committed under the law.

• Identify and apprehend the suspect.
• To recover stolen property.
• To assist the state in prosecuting the party charged with the offense.

QUALITIES OF AN INVESTIGATOR
1. Good communication - this refers to the capability of the investigator to interact both
in written and oral. This means that they can do effective interview either to the witness
or suspect as well as be able to write a written report when required to do so. Effective
interview means a fruitful interaction between the investigator and the people as he
gathers information without language problem.

2. Active listener - this refers to the ability of the investigator to attentively hear the
testimony given by a witness and be able to identify hearsay statements or false
statements. Hearsay are those statements made by the person who does not witness
the actual commission of the crime while false statements are those statements which
are purely fictitious and are invented only by the witness.

3. Critical thinking - this refers to the analytical skills of the investigator while he
formulates judgment based on the testimonies given by witnesses and evidences
gathered in the course of investigation.

4. Work under pressure - this refers to the capacity of the investigator to go through the
investigation process despite of obstacles and hindrances that he may encounter such
as hut not limited to lack of resources inadequate investigative leads and clues and
others.

Investigative leads refer to the information gathered from people specially those who are
within the immediate area where the crime took place while clues refer to the pieces of
signs and traces which helps in identifying perpetrators.

5. Innovativeness - this refers to the flexibility and resourcefulness of the investigator in

trying to uncover the identity and location of the perpetrator. This includes finding all
possible ideas that he may take in the course of investigation.

6. Integrity - this refers to the honor and honesty of the investigator in solving the case
and avoid unethical issues that will discredit his image.

7. Knowledge about rules on evidence - this refers to the knowledge of the investigator
about evidence handling which includes but not limited to preservation, marking,
 tagging, packaging, and the requirements as to how such evidence will be admitted in
court during presentation.

CRIME SCENE
A venue or place where the alleged crime/incident/event has been committed.

Different types of crime scene –

According to Time of Commission:

1. Day Time Crime Commission – from sunrise to sunset (6:00am – 6:00pm)
2. Night time – from sunset to sunrise (6:00pm – 6:00am)

According to Location
1. Indoor Crime Scene – affords the crime scene protection from weather and allows
investigators to take time and process the scene in a slow and methodical manner,
without concern for weather influences.
2. Outdoor crime scene – most vulnerable to weather condition and present more
problems
3. Continuing/Mixed crime scenes – from indoor to outdoor and/or vice versa
4. Special Location – the most difficult to handle because of its nature, it needs
special support resources to process: vehicle, airplane, septic tank

According to Source of Evidence

1. Primary Crime Scene – investigation usually begins where the body is originally
found
2. Secondary Crime Scene
• Where the victims are confined
• Where the assault initially took place
• Route to and from the primary crime scene
• Method used to transport the victim
• Any place where evidence is located

Crime Scene Investigation

Refers to the post-incident police operational procedures undertaken at the crime scene
when a crime has been committed.

Three components of crime investigation according to 2011 PNP’s Manual on

Investigation of Crimes of Violence and other Crimes; namely;

1. First Responder
Are members of the police, military, fire, medical teams, and other colunteer
organizations who are expected to be the first to respond to calls for assistance in
cases of incidents.

The four main task of the first officer on the scene:

 • To give first aid
• To apprehend the suspected offender
• To protect and if necessary collect and presere evidence
• To cordon off and protect the area

2. Investigator-on-case
Refers to the duty investigator duly assigned or designated to conduct the inquiry
of the crime by following a systematic set of procedure and methodologies for the
purpose of identifying witnesses, recovering evidence, arresting and prosecuting
perpetrators.

3. Scene of the Crime Operation

Refers to the functional capability of the PNP Crime Laboratory performed by its
trained personnel through recognition, methodical search, proper
documentation/recording and collection of physical evidence at the crime scene.

GENERAL INVESTIGATIVE PROCEDURES

1. Upon the receipt of call/walk-in complainants

Duty Desk Officer shall:
• Record the time it was reported
• Get the identity of the caller/complainant.
• Get the place of incident
• Get the nature of incident
• Get the number of victim/s
• Record a brief sypnosis of the incident
• Direct the nearest mobile car/beat patrollers or the nearest police precinct to act
as first responders equipped with police line to secure the place of incident
• Infor the duty investigator

2. At the crime scene

The first responder shall perform his duty and in addition. Check the condition of
the victim while the other members of the first responders shall simultaneously
secure the area by putting a police line or any material

A. If in serious condition
• Bring the victim immediately to the nearest hospital using emergency
services
• Photograph and make a sketch of the victim (if the victim is dead)
• Get the dying declaration, if necessary (ask 3 questions)
i. What is your name and address?
ii. Who did this to you?
iii. Do you think the wounds you received are fatal?

B. If in not serious condition

 • Bring the victim immediately to the nearest hospital
• Get the identity and other data of the victim
• Get initial interview from the victim

C. If the suspect is arrested at the scene

• Get the name of the persons who turned over or arrested the suspects
• Isolate the arrested suspect/s and separate them from any probable
witness of the incident
• Record what time the suspect was arrested
• Wait for the investigator to interview the suspect
• If the suspect volunteers any statement, take note of the time, location,
and circumstances of the statements.

3. Investigation Procedure at the Crime Scene

A. Upon arrival at the crime scene
• Receive the crime scene from the first responder
• Record time/date of arrival at the crime scene, location of the scene,
condition of the weather, condition and type of lighting, direction of
wind and visibility
• Photograph and/or video the entire crime scene
• Before entering the crime scene, all investigators must put on
surgical gloves
• 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 is still alive or already dead.
• Designate a member of the team or ask other policeman to stand
watch and secure the scene and permit only authorized persons to
enter the same.
• Identify and retain for questioning the person who first notified the
police , and other possible witnesses.
• Determine the assailant through inquiry or observe him if his identity
is immediately apparent. Arrest him if he is still in the vicinity.

B. Recording
The investigator begins the process of recording pertinent facts and details
of the investigation the moment he arrives at the crime scene.

C. Searching for evidence

D. Collection of evidence
This is accomplished after the search is completed, the rough sketch and
photographs are taken. Fragile evidence is collected as soon as they are
found. All firearms found to have tampered serial numbers shall be
automatically subjected to macro etching at the PNP Crime Lab.
E. Markings of evidence
Any physical evidence obtained must be marked or tagged before its
submission to the evidence custodian
 Must at least contain:
a. Exhibit case number
b. Initials and or signature of the collecting officer
c. Time and date of collection
F. Evaluation of Evidence
If necessary, these pieces of evidence must be subjected to crime
laboratory examination.

G. Preserving of Evidence
It is the investigator’s responsibility to ensure that every precaution is
exercised to preserve the evidence in the state in which it was
recovered/obtained until it is released to evidence custodian

H. Releasing of Evidence
All collected evidence can only be released upon order of the court or
prosecutor.

I. 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.

J. Transmittal of Evidence to the Crime Laboratory

The following principles should be observed in handling all types of
evidence:
• The evidence should reach the laboratory in same condition as when
it was found.
• The quantity of specimen should be adequate.
• Submit a known or standard specimen for comparison purposes
• Keep each specimen separate from others so there will be no
intermingling or mixing of known and unknown material
• Mark or label each of the evidence for positive identification as the
evidence taken from a particular location in connection with the crime
under investigation
• The chain of custody of evidence must be maintained.

Methods of Crime Scene Search

Strip Method – the searchers proceed slowly at the same place along the path parallel
to one side of the rectangle. At the end of the rectangle, the searchers turn and proceed
back along new lanes but parallel to the first movement.
The Double Strip or Grid Method – It has the same process as that of the strip method
but with modification that the lanes covered by the strip method are reprocessed twice.

Methods of Crime Scene Search

• The Spiral or Circular Method – The searches follow each other in a path of spiral,
beginning in the outside and spiraling towards the center of the scene.
• Zone Method – The area divided into quadrants and each searcher is assigned to his
specific quadrant. This method is sometimes called quadrant method.
• The Wheel, Radial or Spoke Method – This method is applied if the area to be
searched is approximately circular or oval. The searchers gather at the center and
proceed outward a radii or spokes. The setback of this method is that the distances of the
searchers increase as they proceed outward.

SKETCH
Rough Sketch – It is made by the investigator at the crime scene which is full of important
details. This is used as the basis for the finished sketch.
Finished Sketch – This is sketch with a scale of proportion and drawn by a draftsman.
The rough sketch and the finished sketch are for courtroom presentation.

ELEMENTS OF SKETCH
1. Title – includes the basic information regarding the case as the nature of the crime,
the time and date of crime incident, and the location of the crime.
2. Measurement – this pertains to the dimension and the distance of the relative
object to one another
3. Essential Items – refers to the pieces of physical evidence found at the crime scene
4. Legend – refers to the use of words or numbers to represent an item in the crime
scene
5. Compass Direction – refers to the north direction from when the sketch was drawn.
6. Scale of proportion – representation of the sketch to the actual size of the scene.

TYPE OF SKETCH
1. Floor plan or bird’s eye view – drawn from above
2. Elevation sketch – drawn to show the given side of an area
3. Exploded view sketch – drawn to show the relationship or order of the whole parts
4. Cross-projection sketch – a type of sketch wherein the ceiling and/or walls are
flattened all out in the ground.

Use of capital letters and numbers are highly suggested.

CAPITAL LETTERS – for basic parts or accessories of the place
NUMBERS – for individual evidence

CRIME RECONSTRUCTION
It is defined as the scientific ability of investigators to make useful observations of physical
evidence in the crime scene through a logical approach in theorizing as to how the crime
was committed.

STAGES OBSERVED IN CRIME SCENE RECONSTRUCTION

1. Appreciation – process of recognizing the potential physical evidence that has or
may have evidential value and separate it from those items which are not
significant in the process of investigation.
2. Comparison – process of comparing groups of standards from the one collected
at the crime scene to establish its identity.
 3. Individualization.- process of establishing the uniqueness of the physical evidence
taken from the crime scene
4. Reconstruction – final stage undertaken in order to fully reconstruct the crime
considering all related factors such as crime scene evaluation, laboratory results
individual physical evidence, and other independent information from various
sources to provide better understanding and explanation as to how the crime was
committed.

Physical Reconstruction – reconstructing the crime is based on the physical

appearance of the crime scene mainly focused on the pieces of physical evidence. And
the accounts of witnesses and suspects.
Mental Reconstruction – based on the physical reconstruction, some conclusions could
be formulated taking into account all available pieces of evidence.

Crime Scene Reenactment – process of reenacting and portraying the crime incident
based on their previous knowledge regarding the event by having the offender, victim, or
witness to play such role
Crime Scene Recreation – process of substituting necessary items or actions at the crime
scene through the use of what is documented or with the aid of investigator’s log.

Witness – is defined as any person who have seen or knowledge regarding the
commission or the crime.

CLASSFICATION OF WITNESS

1. Prosecution witness - refers to any person brought before trial to offer testimony in
favor for the prosecution and is used to add incriminatory evidence to the accused.
2. Defense witness - refers to any person who is brought before trial to strengthen
the alibi of the defense and to disprove the charge of the prosecution.
3. Character witness - refers to any person who offers a testimony in line with the
character reputation of some other person which will then serve at some point as
to whether or not the testimony of that person will be given credit or not.
4. Eyewitness - refers to any person who has seen the actual commission of the
crime either whole or only part of its commission.
5. Child witness - refers to young individual who offers a testimony concerning a
crime.
6. Dumb witness - these are those witnesses who by reason of some mental faculty
are unable to provide an accurate detail regarding the crime which is typically
common among uneducated individual.
7. Honest witness - these are those witnesses who cooperate and avoid exaggeration
or falsehood in providing testimonies concerning the crime.
8. Fearful witness - these are those persons who are afraid of being involved in the
prosecution of the accused or simply shy to face the open court.
9. Egocentric witness - refers to a witness who is prone to exaggeration of the things
he had observed and may attempt to add facts which are not part of the real
scenario.
 10. Hostile witness - these are those witnesses who are uncooperative and do not
wish to provide information necessary for the prosecution of the case.
11. Suspicious witness - are individual witnesses who are doubtful about the true
intention of the investigators or the police as a whole

Under the Revised Rules of Court, the law further classify witness as either:
1. Ordinary witness - these are those witness who may be allowed to testify regarding
the following:
a. About the identity of the person whom he had knowledge;
b. Handwriting of the person of which he had familiarity; and
C. Mental sanity of the person whom he had acquainted.

2. Expert witness - are those witness who by reason of their knowledge, skills,
training or experience may be allowed by the court to give their opinion.
ARREST
Legally, the Rules of Court (Section 1, Rule 113) define arrest as the taking of person into
the custody of law in order that he may bound to answer for the commission of offense.

Warrant of Arrest is defined as a document from court ordering and directing any law
enforcer to apprehend and detain any person whose name will appear in the warrant for
him to answer matters regarding the commission of a crime. Any person suspected to
have committed a crime can only be lawfully arrested after securing a warrant.

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

1. That the person to be arrested is about to commit, actually committing, or have just
committed an act to which the law defines it as a crime in the presence of the
person who will make the arrest (In Flagrante Delicto);
2. That the person to be arrested have committed an act to which the law defines it
as a crime and the person making the arrest have probable cause that the same
person is probably guilty of a crime. Probable cause simply means as a reasonable
bases to establish a well- founded belief that the person may have committed an
act to which the law defines it as a crime (Hot Pursuit) and
3. That the person to be arrested is one who escaped from penal confinement
(Escapee).

Furthermore, inquest proceeding will be done if the person was arrested without the
benefit of the warrant. This is conducted to ensure that the arrest made is legal and in
accordance with the law. Inquest is defined as the informal and summary investigation
conducted by public prosecutor in a criminal case involving persons arrested without the
benefit of a warrant to determine if the person so arrested should remain under custody
and be charged accordingly.

Rules in Making Arrest

In making arrest, the Rules of Court provides the following guidelines such that:
 1. It should be made by an actual restraint of a person to be arrested or,
2. By submission of the person to be arrested to the custody of any person making
the arrest.

Execution of Warrant
After a warrant has been issued by the honorable court, any law enforcer directed to
cause its execution shall exhaust all the remedies to arrest the person whose name
appears in the warrant.
Execution of a warrant simply means as carrying out the duty to find the person whose
name was written in the warrant and cause his arrest and detention.

In executing the warrant, the following should be observed:

1. A warrant can be executed either during the day or night;
2. The person making the arrest shall inform the person to be arrested that a warrant
has been
issued for his arrest; and
3. It must be executed within 10 days from the moment it was received;

However, the person making the arrest shall proceed with the arrest of the person even
without informing him of the cause of arrest or that a warrant was issued for him to be
arrested provided that either of the following is present:
1. The person flees;
2. The person forcibly resisted; or
3. It will hamper successful arrest of the person.

Moreover, if the person whose name appeared in the warrant cannot be located or traced
within 10 working days upon its receipt, the law enforcer task to execute the warrant shall
make a report to the judge who issue the same, explaining the reason/s for the failure to
arrest the person within the time given by the court.

Any person arrested and brought before the custody of the law is presumed innocent until
proven to be guilty. Thus, a person has the same right as any ordinary individual in order
to protect the interest of an ordinary individual as well as prevent any abuses from law
enforcers. These rights must be observed as any violations may result to the dismissal of
the case.

These rights provided by the state was originally founded in the case of Ernesto Miranda
vs. the State of Arizona such that the Court dropped his conviction for kidnapping and
rape for failure of police officers conducting the investigation to inform and recite his legal
rights prior to confession during custodial investigation.

In Philippines, the right of the person arrested is originally defined under the Bill of Rights
of the 1987 Philippine Constitution (Section 12, Article IIl) such that any person lawfully
arrested and under investigation for the commission of a crime shall have the following
rights
 1. Right to remain silent;
2. Right to have independent and competent counsel, preferably of his own
choice; and
3. Right to know the nature and the cause of accusation against the person
accused.

In addition to the above rights, the state enacted the statutory law Republic Act 7438
which provides further the process of obtaining a confession to any person detained or
under custodial such that:

1. The person detained or under custodial investigation shall be assisted by a counsel

at all times;
2. The recital of his rights shall be in the dialect known and understood by the person
detained or under custodial investigation; and
3. The custodial investigation report shall be reduced into writing by the investigating
officer and must explained to him by his counsel before it will be signed by the
same.

In like manner, any extrajudicial confession made by the person arrested or detained shall
be in writing and signed in the presence of his counsel. Take note, extra judicial
confession is a confession made by an arrested or detained person while under the
custody of law and is done outside the court.

Moreover, custodial investigation is the issuance of an invitation to the person suspected

to have committed a crime who at the same time is brought before the custody of law in
order to answer matters regarding the commission of a crime without jeopardy to the
liability of the person for any violations he may commit. On the other hand, custodial
investigation report is the document prepared by the investigating officer during the
investigation process containing all necessary information about the confession of the
person brought before the custody of law.

SEARCH AND SEIZURE

In line with investigation that needs the production of evidence considered as a fruit of the
crime or product of illegal activities either in the possession of someone, within the
premise of the house or building, or even in the vehicle, requires a warrant. Warrant
simply means as the permit given by the court for a particular purpose. In criminal
investigation, search is a form of government invasion to the person's
freedom to privacy. A seizure is the confiscation of the property or any material usually
fruit of the crime or product of illegal activities to serve as an evidence in the legal
proceeding.

A search warrant is legally defined under the Rules of Court (Section 1, Rule 126) as an
order in writing issued in the name of the People of the Philippines, signed by the judge
and directed to a peace officer, commanding him to search for personal property
described therein and bring it before the court.
Application and Issuance of Search Warrant
Any police officer can request for the issuance of a warrant provided that there is a
probable cause as a strong basis for its issuance. Probable cause means that there is a
strong ground that a crime has been committed or about to be committed and the
proceeds, fruit of the crime or property that will be used in committing the crime can be
found and located in the place so described in the warrant. Any police officer can secure
the warrant from:
1. The court that has the territorial jurisdiction of the crime;
2. For compelling reason, any court within the judicial region where the crime was
committed if the place of the commission of the crime is known; or
3. Any court within the judicial region where the warrant shall be enforced.
4. However, if that has been filed already, the application shall be made in the court
where the criminal action is pending.

Who shall issue the warrant?

It is the judge who will issue the warrant after questioning the complainant under oath and
in writing to include the possible witnesses who may be presented. The place to be
searched must be described together with the properties to be seized. The sworn
statement shall be recorded together with the affidavit.

The search warrant shall be issued for the search and seizure of the personal property
which includes the following:
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.

• Can the judge issue a general search?

No, the search warrant must specify the items to be searched and seized and such items
have a connection to the case under investigation.

Execution of Search Warrant

In the execution of the search warrant, the person must identify himself and his purpose.
If he will not be admitted to the place directed to the search, then he may break any part
of the house either.
1. to execute the warrant or
2. to liberate himself or any person lawfully aiding him when unlawfully detained.

The warrant shall be valid only for ten (10) days from the date of its issuance and no
search shall be made except:
1. Lawful occupant is present;
2. Any member of his family; or
3. Presence of at least two witnesses of sufficient age and discretion residing in the
same locality.

In general, all search shall be made during daytime unless specified to be served at any
time of the day or night. Thereafter, the officer seizing the property shall give a detailed
receipt to the lawful occupant, in the presence of at least two witnesses of sufficient age
and discretion residing in the same locality.

Warrantless search is defined as the search and seizure of personal property based on
probable cause made by a police officer without a warrant. This is true in cases of exigent
circumstance.
Exigent circumstance
refers to a situation whereby securing a warrant would make it less practical or useless.
The following are examples of exigent circumstances whereby a valid warrantless search
and seizure is applicable.
1. Search Incidental to Lawful Arrest
Search incidental to a lawful arrest is defined as the search and seizure of property made
by any police officer upon a valid arrest. The search and seizure of personal property are
allowed by law provided that the arrest was made by virtue of a valid warrantless arrest
(in flagrante delicto, hot pursuit or escapee).

• Can the person be searched first before the conduct of arrest?

No. The process cannot be reversed. It must be a valid warrantless arrest before
proceeding with a valid warrantless search and seizure.
• What happens when the arrest is not valid in the first place?
It follows that the succeeding search is illegal.

2. Seizure in Plain View

Seizure in plain view refers to the confiscation of embezzled or stolen property or where
the property is an evidence of a crime or will be used in committing an offense in the
presence of a police officer in plain view.
The requirement of this warrantless search is that the items to be searched and seized
must be vividly and clearly seen and that the same item/s is/are considered as an
evidence of criminal activity or criminal proceeds.

Stop and Frisk Rule

Stop and Frisk refers to the brief stopping of an individual made by police officer based
on reasonable suspicion among person suspected to commit a crime or in possession of
dangerous weapon. Reasonable suspicion is in lower grade than probable cause.
Reasonable suspicion may be referred to as a justifiable suspicion that the person is
armed or dangerous.

Stop and frisk rule is otherwise known as Terry Doctrine.

The requirement for this warrantless search to be valid is that, the search must be limited
only to the outer clothing of the person ("pat down" search). If the pat down search fails
to manifest any weapon, dangerous material or fruits of the crime, then the police officer
shall release the person subjected to search.

• What if there is a manifestation after a pat down search that a weapon is

concealed?
The police officer should ask the person subjected to search to expose the material or
item.
• Can the person say no to the request of police officer?
Yes, but the police officer can have a strong ground to hold the person and detain him
temporarily and request for search warrant.
• How about if the person reveals the concealed items?
The person can be arrested and police officer can now proceed with complete search
(search incidental to lawful arrest).
• What if the police officer inserts his hands in the area where the item was
concealed and successfully get the same? Is the search valid?
No, that search is not admissible even if the item confiscated upon the insertion of his
hand is a weapon, dangerous material or fruits of the crime.

Consented Warrantless Search

Consented warrantless search is a search conducted upon the voluntary consent given
by the person exercising authority over the property or by the rightful owner.
• Can the government authorities conduct search and seizure even without a search
warrant?
Yes, provided the person or the owner waives his right against unreasonable search and
seizure.
• Can the person without authority over the premise give consent?
No, it must be a person who exercises authority over the premise

• How about if coercion is given to the person?

It will not be considered as consented search and therefore any searched and seized
items are inadmissible as evidence in court.
• How about if the person remains silent at the time of asking his consent?
It will not be considered as a consent and therefore is not considered and applicable
under consented search.

Search of Moving Vehicle

In searching a moving vehicle, law enforcement officers are limited only to visual search.
This means that neither:
The vehicle should be completely searched; nor
The person should be bodily searched.
The extensive search and seizure of a vehicle stopped will only be constitutionally valid it
it will be done by police officers who had probable cause to believe that the driver is a law
violator, his vehicle contains some evidence of a crime or is suspected to commit a crime.

Tipped information search

Tipped information refers to the information provided by an informant or any person
regarding the commission of an offense relayed through cellphone, radio or telephone to
the police who will cause his arrest can search and seize personal property of the person
so described.
This doctrine was founded on the principle that acquiring a search warrant would
jeopardize the arrest of would be violator. This is true in cases whereby police officer is
tipped by an informant about the commission of a crime.

SEARCH AND SEIZURE

Warrant simply means as the permit given by the court for a particular purpose. In criminal
investigation, search is a form of government invasion to the person's
freedom to privacy. A seizure is the confiscation of the property or any material usually
fruit of the crime or product of illegal activities to serve as an evidence in the legal
proceeding.

A search warrant is legally defined under the Rules of Court (Section 1, Rule 126) as an
order in writing issued in the name of the People of the Philippines, signed by the judge
and directed to a peace officer, commanding him to search for personal property
described therein and bring it before the court.

Application and Issuance of Search Warrant

Any police officer can request for the issuance of a warrant provided that there is a
probable cause as a strong basis for its issuance. Probable cause means that there is a
strong ground that a crime has been committed or about to be committed and the
proceeds, fruit of the crime or property that will be used in committing the crime can be
found and located in the place so described in the warrant. Any police officer can secure
the warrant from:
5. The court that has the territorial jurisdiction of the crime;
6. For compelling reason, any court within the judicial region where the crime was
committed if the place of the commission of the crime is known; or
7. Any court within the judicial region where the warrant shall be enforced.
8. However, if that has been filed already, the application shall be made in the court
where the criminal action is pending.

Who shall issue the warrant?

It is the judge who will issue the warrant after questioning the complainant under oath and
in writing to include the possible witnesses who may be presented. The place to be
searched must be described together with the properties to be seized. The sworn
statement shall be recorded together with the affidavit.

The search warrant shall be issued for the search and seizure of the personal property
which includes the following:
4. Subject of the offense;
5. Stolen or embezzled and other proceeds, or fruits of the offense; or
6. Used or intended to be used as the means of committing an offense.

Warrantless search is defined as the search and seizure of personal property based on
probable cause made by a police officer without a warrant. ]
3. Search Incidental to Lawful Arrest
Search incidental to a lawful arrest is defined as the search and seizure of property made
by any police officer upon a valid arrest. The search and seizure of personal property are
allowed by law provided that the arrest was made by virtue of a valid warrantless arrest
(in flagrante delicto, hot pursuit or escapee).

4. Seizure in Plain View

Seizure in plain view refers to the confiscation of embezzled or stolen property or where
the property is an evidence of a crime or will be used in committing an offense in the
presence of a police officer in plain view.

Consented Warrantless Search

Consented warrantless search is a search conducted upon the voluntary consent given
by the person exercising authority over the property or by the rightful owner.

Search of Moving Vehicle

In searching a moving vehicle, law enforcement officers are limited only to visual search.
This means that neither:
• The vehicle should be completely searched; nor
• The person should be bodily searched.
The extensive search and seizure of a vehicle stopped will only be constitutionally valid if
it will be done by police officers who had probable cause to believe that the driver is a law
violator, his vehicle contains some evidence of a crime or is suspected to commit a crime.

Tipped information search

This doctrine was founded on the principle that acquiring a search warrant would
jeopardize the arrest of would be violator. This is true in cases whereby police officer is
tipped by an informant about the commission of a crime.

BASICS IN DIGITAL INVESTIGATION

Cybercrime
• is a terminology that refers to all crimes committed through cyberspace done with
the aid of a computer or any digital devices capable of sending, receiving,
transmitting, recording or storing computer data.

Cyberspace
• refers to communications made through digital devices in the virtual environment.
Virtual environment meaning, the communication is not done physically but rather
with the aid of digital technology.

Computer data
• may refer to anything stored in the memory of the computer software. It could either
be text, drawing, images, video, audio or any form of communication.

Digital investigation
 • is defined as the process undertaken by the forensic computer investigator and
forensic computer examiner to uncover the elements of the offense committed
which are directly or indirectly contained in the digital devices and which are
necessary for the prosecution of criminal charges.

Digital device
• is a generic term referring to all devices capable of performing multiple functions
such as storing, sending, and receiving electronic data.

Electronic data
• simply means as any data or information stored through electronic means.

Forensic Computer Investigator

• is the one in charge with the search and seizure of digital devices suspected to
contain the fruits of the crime and the filing of criminal charges and will assist the
prosecutor in the prosecution of cases

Forensic Computer Examiner

• is the one responsible for the actual examination and recovering of the electronic
data contained in various devices and preserve it for court presentation.

In line with cybercrime, this court warrant refers to an order in writing issued in the name
of the People of the Philippines, signed by the judge, upon application of law enforcement
authorities to:
1. Issue an order requiring any person or service provider to disclose or submit
subscriber's information, traffic data or relevant data in his/her possession or
control (Warrant to Disclose of Computer Data);
2. Listen, record, monitor or surveillance the content of communications (Warrant
to Interception of Computer Data);
3. Search a particular place, seize and examine computer data and all other items
related thereto (Warrant to Search, Seized and Examine Computer Data); and.
4. Obtain computer data from computer device or computer system if they are
possessed by virtue of a lawful warrantless arrest (Warrant to Examine
Computer Data).

The effectivity of all warrants mentioned shall not exceed ten (10) days from the date of
its issuance and may be extended by the court for a period not exceeding ten (10) days
from the expiration of the original period and upon justifiable reasons only.

Warrant to Disclose Computer Data (WDCD)

Warrant to Disclose Computer Data is an order secured by law enforcement authorities
requiring any person or service provider (or Internet Service Provider) to disclose or
submit subscriber's information, traffic data or relevant data in his/her possession or
control in relation to a valid complaint officially docketed and assigned for investigation.
Warrant to Disclosure Computer Data is an order in writing issued in the name of the
People of the Philippines, signed by the judge, upon application of law enforcement
authorities, authorizing the latter to issue an order to disclose and accordingly, require
any person or service provider to disclose or submit subscriber's information, traffic data
or relevant data in his/her possession or control.

Warrant to Intercept Computer Data is an order in writing issued in the name of the
People of the Philippines, signed by the judge, upon application of law enforcement
authorities, authorizing the batter to carry out any or all of the following activities:
1. Listening to;
2. Recording;
3. Monitoring; or
4. Surveillance of the content of communications, including procuring of the
content of computer data, either directly, through access and use of a computer
system or indirectly, through the use of electronic eavesdropping or tapping
devices, at the same time that the communication is occurring.

Warrant to Search, Seize, and Examine Computer Data (WSSECD)

Warrant to Search, Seize, and Examine Computer Data is an order secured if law
enforcement authorities intend to search the particular place for items to be seized and
examined. This warrant is issued if the item needs to be searched first at a particular
place before being seized and thereby examined to obtain the computer data needed. If
interception of communication is needed, the interception shall only be done upon the life
or effectivity of WSSECD and as much as possible limit the search to the subject
matter.

Warrant to Search, Seize, and Examine Computer Data is an order in writing issued in
the name of the People of the Philippines, signed by the judge, upon application of law
enforcement authorities, authorizing the latter to search, seize, and examine computer
data and all other related items thereto.

Warrant to Examine Computer Data (WECD)

Warrant to Examine Computer Data is an order in writing issued in the name of the People
of the Philippines, signed by the judge, upon application of law enforcement authorities,
authorizing the latter to examine computer device or computer system for the purpose of
obtaining for forensic examination the computer data contained therein. If interception is
likewise needed, it can be done during the life or effectivity of WECD.

Take note that, after all items seized by virtue of a Warrant to Disclose Computer Data
(DCD), Warrant to Intercept Computer Data (WICD), or even digital devices obtained as
a result of search and seizure after a lawful arrest, shall not be examined unless there is
a Warrant to Examine Computer Data (WECD).

Liabilities Related to Cyber Warrant

• Contempt - All law enforcement authorities who fails to timely file the returns of
the issued warrant or to duly turn-over to court's custody any of the items disclosed,
 intercepted, search, seized, and/or examined as prescribed shall be subject for
contempt.
• Obstruction of Justice - any person or service providers who fails to comply with
the order from law enforcement authorities shall be held liable for obstruction of
justice as defined under Presidential Decree 1829.

Definition of Intelligence

Intelligence
A product created through the process of planning, directing, collecting, collating, and
analyzing data, for dissemination as usable information that typically assesses events,
locations of adversaries, to allow the appropriate deployment of resources to reach a
desired outcome.

In the Military parlance, it is the product resulting from the collection, evaluation,
analysis, integration, and interpretation of all available information which concerns one or
more aspect of foreign nations or are areas of operations and which is immediately or
potentially significant to planning.

In the Police parlance, it is the end-product resulting from the collection,

evaluation, analysis, integration, collation and interpretation of all available information
which concerns one or more aspects of criminal activity significant to police planning
operation.

INTELLIGENCE VS. INFORMATION

Information is segmented; it is comprised of raw facts
Intelligence – processed information thereby having a complete meaning

How is intelligence viewed?

As a process
➔ an activity, which treats information as basis for departmental policy and decision-
making

As an organization
➔ an institution composed of persons who pursue a special kind of knowledge for the
purpose of planning the collection of information, processing, and dissemination of
intelligence relating to military/police operations.

Principles of Intelligence Operations

1. Intelligence is Continuous- the basic principle of intelligence operation is that

intelligence activities follow a simple cycle, which is continuous.
2. Intelligence and operations are Interdependent- operational plans depend
greatly on the intelligence on that particular activity.
 3. Intelligence Must Be Useful- means that the useful logical decisions can be made
if relevant intelligence is available.
4. Intelligence must be Timely- timeless is so essential that even completeness and
accuracy may be sacrificed to a certain extent.
5. Intelligence Operation Must Be Flexible- intelligence operation are based on
reason and sound judgment.
6. Intelligence Operations Require Imagination And Foresight- the agent must
be given the leeway to use his resourcefulness to obtained more than what is
normally required.
7. Intelligence Require Constant Security Measures- in the handling of classified
materials, there should be a working balance between secrecy and operational
expediency.
8. Intelligence is a command responsibility
9. Intelligence require careful and thorough planning
10. Intelligence operation are influenced by elements present in the operational
environment.

BROAD CATEGORIES OF INTELLIGENCE

1. National Intelligence- refers to the knowledge formed from the
interpretation of the intelligence developed by all the government
departments which provides the valuable inputs or the formulation of
national policy and the promotion and enhancement of national security.
2. Departmental Intelligence- refers to the knowledge required by an agency
or department of the government in order the execute its mission and
discharge its responsibilities.

3. Military Intelligence- refers to the knowledge by the military institution

essential in the preparation and execution of military plans, policies and
programs that encompasses

Police Intelligence- knowledge necessary in the preparation and execution of police

plans, policies and programs

Functional Classification of Police Intelligence

1. Criminal Intelligence (CRIMINT)- production of intelligence essential to the

prevention of crime, and the investigation, arrest and prosecution of criminal
offenders.
2. Internal Security Intelligence (INSIT)- knowledge essential to the
maintenance of peace and order.
3. Public Safety Intelligence (PUSINT) knowledge essential to ensuring the
protection of lives and properties.

Categories of Police Intelligence

a. Strategic- it deals with the activities of the foreign nations.
 a. intelligence which is not of practical and immediate operational value but
rather long range.

b. Counter- Intelligence- blocking of information to the enemy. It provides security to

the unit.
a. detection, prevention, and neutralization of any activity inimical to the
harmony and best interest of the police organization.
Counter Intelligence are divided into PASSIVE and ACTIVE measures.

PASSIVE COUNTER-INTELLIGENCE – involves measures which seek to conceal info

from enemy; secrecy discipline, movement control, camouflage and proper handling of
information is practiced.

ACTIVE COUNTER-INTELLLIGENCE – involves measures which seek to actively block

the enemy’s efforts to gain info or engage in espionage, subversion, or sabotage. It covers
reconnaissance, patrolling, sabotage, espionage, interior guard duty and fortification of
vital facilities.

Objectives of counterintelligence
• to protect information against espionage (the use of spying or spies to gather
secret info)
• to protect personnel against subversion (an action or activity intended to
undermine or overthrow a government or institution)
• to protect installations against sabotage, the deliberate destruction of property,
equipment or efforts of another

Importance of Counterintelligence
• it reduces risk of officers in command positions
• it aids in achieving the element of surprise
• it increases the security of command
• it denies info to the enemy/ decrease the intel capacity of the enemy

Counterintelligence operation
1. Counter Human Intel (HUMINT) – seeks to overcome enemy attempts to use
human sources to collect information or to conduct sabotage and subversion which
includes CI special operations, liaison, counter security, and CI screening.
2. Counter Imagery Intel (IMINT) – includes action taken to determine enemy
SIGINT and related enemy weaknesses, capabilities, and activities. These actions
include surveillance radar, photo thermal and infrared systems.
3. Counter Signal Intel (SIGINT) – determine enemy SIGINT and related enemy
weaknesses, capabilities, and activities, assess friendly operations to identify
patterns, profiles and develop recommend and analyze counter measures.

Concept of Counter- Intelligence

1. Detection- knowing the clandestine operation of the enemy.
 2. Prevention- application of CI measures to avoid enemy activities
3. Neutralization- is the containment of enemy activities

Espionage- is the act or practice of spying. The use of spy by a government in

order to discover the military or political secret of other nations.
Sabotage- destruction of property or obstruction of public service to undermine a
government, police, or military effort.
Subversion- is an act that seeks to overthrow a constituted government it is also
an act or instance of subverting.
Treason- disloyalty to one’s own country by giving away or selling its secret to the
enemy or by trying to overthrow it.
Sedition- is any action promoting or inciting discontent or rebellion against a
government.

Three Categories of Counter-Intelligence

1. Denial
• Secrecy discipline
• Document security
• Camouflage of police censorship
• Military of police censorship
• Counter reconnaissance

2. Detection
• Personnel security investigation
• Document security
• Password and countersigns
• Reconnaissance

3. Deception
• Use of escape and evasion
• Dummy position
• Fabricated info

c. Combat or Tactical- knowledge about weakness of the enemies.

a. processed information coming from the overt and covert sources that affect
police operations and harmony with the community and other government
agencies. It is a knowledge which contributes directly to accomplishment
of specific objectives of immediate concern such as raids, arrests, etc.

FOUR PHASES OF THE INTELLIGENCE CYCLE

1. Planning and Direction
it involves determination of intelligence requirements, priorities, selection of
intelligence agency and means of supervision.

2. Collection of Information
 It involves the systematic exploitation of sources by collection agency and
the delivery of information to proper intelligence unit.

3. Processing
It is the phase where information becomes intelligence. It involves
recording, evaluation and interpretation of information.

4. Dissemination
It is the timely conveyance of information by any suitable means to those
who need it.

PHASE 1 – PLANNING AND DIRECTION

1. Determination of intelligence requirements
2. Determination of Essential Elements of Information
3. Establishment of priorities

ESSENTIAL ELEMENTS OF INFORMATION

It refers to an item of intelligence or information of the characteristics of the area
of operations and the enemy, which the commander feels needed before he can
reasonably arrive at a decision.

PHASE 2 – COLLECTION

METHODS AND TECHNIQUES OF COLLECTING INFORMATION

A. Elicitation – it is a system or plan whereby information of intelligence value is obtained
through the process of direct intercommunication in which one or more of the parties
are unaware of the specific purpose of the conversation. The three phases are
determination of the mission, selection of the subject, and accomplishment of the
mission.

TWO DEVICES IN THE CONDUCT OF ELICITATION

1. APPROACH – process of setting people to start talking
• Flattery – people are susceptible to praise. Use this weakness as a way of
approaching the subject for elicitation
1. Teacher-Pupil Approach – the subjects is treated as an authority and then solicit
his view point and opinion on a subject matter.
2. Kindred Soul Approach – the subject is place in a pedestal having some specialized
quality then flatter him/her by showing enough concern for his/her welfare to pay
special attention to his enjoyment.
3. Good Samaritan Approach – the sincere and valid offers of help and assistance are
made to the subject
4. Partial-Disagreement Approach – seek to produce talking by the word “I’m sure if I
fully agree.”
• Provocative Approach – discover a wide range of conventional gambits.
I. Teaser Bait Approach – the elicitor accumulates the sources of knowledge
about a particular subject to tempt the subject to give his/her views.
 II. Manhattan from Missouri Approach – the elicitor adopts an unbelievable
attitude above anything. He questions all statements and oppositions.
III. Joe Blow Approach – is “I know the answer to everything” approach. The elicitor
adopts the attitude of being approachable of any field
IV. National Pride Approach – nature propensity of all persons to defend their
country and its policies.
2. PROBE – to keep people talking incessantly
• Competition Probe – this is effective when used in connection with the
teacher pupil approach
• Clarity Probe – used to elicit additional information in an area which the
response is clear
• High Pressure Probe – it serves to point out contradictions in what the
subject has said
• Hypothetical Probe – presents a hypothetical situation and to get the
subject to react to the hypothetical situations.

PURPOSE OF ELICITATION:
1. To acquire info which is impossible through other channel
2. To obtain info which although unclassified is not publicly known
3. To provide source info
4. To assist various individuals

B. CASING OR RECONNAISSANCE
Casing is the term used in the police organization while Reconnaissance is used in
military terms. It is the surveillance of a building place or area to determine its
suitability for intel use or its vulnerability in operations.

METHOD OF CASING
1. Personal Reconnaissance – the most effective method and will produce the most
info since you know just what you’re looking for.
2. Map Reconnaissance – it may not be sufficient but it can produce a certain amount
of usable information
3. Research – much info can be acquired through research
4. Prior information – your unit and other unit will have file report that they may provide
you with info
5. Hearsay – info usually gain by the person operating in the area and performing
casing job.
C. Surveillance

TYPES OF AGENTS used in collecting of information

1. AGENT OF INFLUENCE – agent who uses authority to gain influence
2. AGENT IN PLACE – agent who has been recruited within a highly sensitive target
3. PENETRATION AGENT – agent who have reached to the enemy, gather
information and able to get back without being caught
4. EXPENDABLE AGENT – agent who leaks false information to the enemy
 5. DOUBLE AGENT – an enemy agenet who has been taken into custody, turned
around and sent back where he came from as an agent of his captors.

CLASSIFICATION OF SOURCES OF INFORMATION

D. Open Sources – 99% of information collected are coming from open sources or
obtained from overt operation
E. Close Sources – only 1% of information are being obtained from covert operation

ELEMENTS OF CLANDESTINE OPERATION

1. Sponsor – directs the organization conducting the clandestine activity.
2. Target – person, place, or things against which the clandestine activity is to be
conducted.
3. Agent – refers to a person who conducts the clandestine operations
Principal Agent – leader or management agent in clandestine operation
usually undertaken by the case officer
Action Agent – one who conducts clandestine operation that includes:
b. Espionage Agent -agent who clandestinely procure or collect information
c. Propagandist – agent who molds the attitudes, opinions, and actions of an
individual, group, or nation
d. Support Agent – engaged in activities which supports the clandestine
operations and or the action agent in his operation that includes the
following:
a. Surveillant – agent who observes persons and places of operations
of interest
b. Investigator – agent who undertake to procure information or things
of clandestine operation
4. Procurer of funds – agent who obtain money when needed for operational use
5. Safe house keeper – agents who manages and maintains a safe house for
clandestine operations like meetings, safe havens, training, briefing, and
debriefing.
6. Communication Agent – agent who us detailed as securing of clandestine
communications

KINDS OF COVERT OPERATION

1. SURVEILLANCE
It is a covert, discreet observation of people and places for the purpose of obtaining
information concerning the identities or activities of subjects.

TERMS TO REMEMBER IN SURVEILLANCE

Surveillant – is the plainclothes investigator assigned to make the observation
Subject – is who or what is observed. It can be a person, place, property, vehicle, group
of people, organization or object.
Safe house – refers to a place where agents meet each other for purpose of debriefing
and reporting.
Live drop – refers to a place where agents or informants leave their messages to other
agents
Decoy – any person or object used by the subject in attempt to elude surveillant
Log – chronological records of activities that took place in the establishment under
surveillance
Convoy – an associate of the subject who follows him to detect surveillance.

METHODS OF SURVEILLANCE
a. STATIONARY SURVEILLANCE – used when you know or suspect that a person
is at or will come to a known location when you suspect that stolen goods are to
be dropped or when informants have told you that a crime is going to be committed.
b. MOVING SURVEILLANCE/SHADOWING – simply the act of following a person
FORMS OF MOVING SURVEILLANCE
• Loose Tail – employed where a general impression of the subject’s habits and
associates is required
• Rough Shadowing – employed without special precautions. The subject may be
aware of the surveillance. It is employed when the subject is a material witness
and must be protected from harm or other undesirable influences.
• Close Tail – extreme precautions are taken against losing the subject is employed
where constant surveillance is necessary.

2. CASING – it is the careful inspection of a place to determine its suitability for a

particular operational purpose.
3. ELICITATION – the process of extracting information from a person believed to be
in possession of vital information without his knowledge or suspicion.
4. Employment of Technical Means
• Bugging – the use of an equipment or tool to listen and record discreetly the
conversations of other people
• Wire Tapping – a method of collecting information thru interception of
telephone conversation

BUGGING AND ANTI-BUGGING DEVICES

Bug – an electronic device placed in the premise that transmits conversation to a receiver
or recorder
Bug Detector – an electronic device that produces a tone that can pick up any form of
electronic transmission.
Pen Register – a device that records all numbers dialed from a telephone
Scrambler – a device attached to the telephone that scrambles the speaker’s voice to
everyone except those who have a similar device set to prearranged code.
Sweep – an examination of a premise for the presence of any bugging device
Tap – an electronic device attached to the telephone line that transmits conversation to a
receiver or recorder
Tap and Trace – a device that records numbers dialed to a telephone and provides the
name of the subscriber of the phone from which the call is made
Voice amplifier – a device that will pick up sound from a distance away. Aka bionic ear
White noise blocker – a device that blocks the recording of any conversation in a room.
When a person plays back the recording, he hears only a whirring sound. Aka jammer
 5. TACTICAL INTERROGATION – it is the process or method of obtaining
information from a captures enemy who is reluctant to divulge information.
6. OBSERVATION AND DESCRIPTON – it is a method of collecting information by
just merely using the different sense.

COVER AND UNDERCOVER OPERATIONS

Undercover Operation
It is disguising one’s own identity or using an assumed identity for the purpose of gaining
the trust of an individual or organization to learn secret information or to gain the trust of
targeted individuals in order to gain information or evidence

COVER – refers to the changing, forging, or falsifying agent’s real personality including
but not limited to things, location, job, and others that will be used in undercover
assignment.
COVER STORY – a biographical data through fiction that will portray the personality of
the agent he assumed; the scenario to cover up the operation
COVER SUPPORT: an agent assigned in target areas with the primary mission of
supporting the cover story.
TYPES OF COVER
1. Artificial – altering the background that will correspond to the operation
2. Multiple – includes different cover
3. Natural – actual or true background
4. Cover within a cover – use of secondary to justify existence

UNDERCOVER ASSIGNMENT – the process of determining the nature and extent of any
criminal activities in which a disguise, pretext cover and deception are employed to gain
the trust and confidence of the criminal organization.

UNDERCOVER AGENT – special qualifications include knowledge of the language, area

background regarding events, knowledge about the custom and habits, physical
appearance, and must be an artist.

HAZARDS OF UNDERCOVER ASSIGNMENT

• Reintegration back into normal duty
• Maintenance of identity

USES AND TYPES OF UNDERCOVER ASSIGNEMNT

1. Residential assignment – it is related to the neighbor of the subject, where the
agent will live as a new resident without making any suspicion .
2. Social Assignment – the agent will gain access to the subject by going to the
different hang out places of the subject and gather information
3. Work Assignment – the agent will be employed where the subject work to
acquire information
4. Subversive Assignment – this is the most dangerous of all the undercover
assignment. The agent will join the organization of the subject itself he must
know the ideologies of the group.
STAGES OF UNDERCOVER INVESTIGATION
1. Planning Phase – the objective must be established and investigative team
selected. A cover story must be established
2. Case Management Phase – the case in managed and coordinated between the
major players in the operation., including the undercover investigator, supervisors,
managers, law enforcement agencies, and legal representatives,
3. Communication – effective communication must be developed between all of the
members of the operation,
4. Investigation – this is the vehicle for achieving the objectives of the undercover
operation
5. Closure – the operation must be shut down when the objectives are met or when
an emergency occurs that endangers the undercover
Burned – if the investigator’s true identity is discovered or assumed identity is found to be
false.

INFORMATION – all evaluated materials of every description including those derived

from observation, reports, rumors , imagery, and other sources from which intelligence is
produced

INFORMATION NET – controlled group of people who together under the direction of
agent handler
INFORMERS AND INFORMANTS
1. Informants - any person who hands over information to the agents which is relevant
to the subject. The informant may openly give the information clandestinely and
choose to remain anonymous.

TYPES OF INFORMANTS
• Anonymous – unidentified or unknown information
• False informants – reveals information of no consequences, value or stuff
connected within
• Frightened informants – weakest link in criminal chain, motivated by anxiety
• Self – Aggrandizing – moves around the center of criminal delight in
surprising the police about bits of information
• Mercenary – information for sale needed something for exchange of
information
• Double-crosser – he wants to get more information from the police more
than he gives
• Women – most dangerous
• Legitimate – operate of business desire to give information for legitimate
• Competitor/Rival Elimination – purpose is to eliminate rivals or competitors
• Confidential – one who provides the investigator with confidential
information about a crime or about the actual or potential tendency of an
individual or group to commit a crime.
MOTIVES OF INFORMATIONS
• Vanity – conceited act/character of the criminal resulting to self-betrayal or
tantamount to guilt, gaining favorable attention and importance by the police
• Civic-mindedness – sense of duty and obligation to assist the police
• Fear – a person under an illusion of oppression by enemies or of other impending
danger
• Repentance – one who has a change of heart and wishes to report a crime that is
preying on his conscience
• Gratitude or gain – an expression of appreciation to obtain a privilege or an interest
in the welfare of his family during his detention
• Revenge – to settle a grudge due to settle a previous injury
• Jealousy – envious of the accomplishments or possession of another and wishes
to humiliate him.
• Renumeration – a person who informs solely for the pecuniary or other material
gain he is to receive.

2. Informers – refers to any person who provides information to the agents in a regular
basis regarding to the subject. They are either paid regularly or in case-to-case
basis.

FOUR PHASES/ STEPS OF INFORMANT PROCESSING

1. SELECTION – it particularly desires to identify and recruit an informant who has
access to many criminal in-groups or subversive organizations
2. INVESTIGATIONS – investigation of the potential informants who is tentatively
identified as probab;e must be a s thorough as possible
3. APPROACH – this must be done in a setting with pleasant surroundings like a
confidential apartment which is completely free from any probability of compromise
4. TESTING – should begin with limited assignment, with gradual integration into more
important areas.

HOW TO COMMUNICATE WITH INFORMANTS

1. Meeting should not be done in the office of the investigator
2. There should be a non-recognizable pattern of a meeting place
3. Code name should be used especially when using phone when divulging a very
sensitive and highly confidential information.

INVESTIGATOR’S RELATIONSHIP WITH THE INFORMANTS

1. The investigator should protect the identity of the informant
2. If circumstances needed, informant’s identity should be disclosed to proper
authorities only.
3. Investigators should treat the informant with consideration irrespective of his
economic status, education, and character
4. The investigator should not allow the informant to dominate or control any part of
the investigation.

PHASE 3: PROCESSING THE COLLECTED INFORMATION

This is concerned with the examination and collation of all collected information.
1. Recording
It is reducing into writing or graphical representation and arranging into groups
related items

2. Evaluation or Analysis
It is determining the pertinence, reliability of the source and accuracy of the
information; or examination of raw information to determine intelligence value.

Evaluation to determine:
B. Pertinence
C. Reliability
D. Credibility

THE EVALUATION GUIDE

ADMIRALTY SCALE
It is the general system used to evaluate information

EVALUATION OF ACCURACY OF SOURCE

SOURCE ITEM
A- Completely 1- Confirmed by T- Direct observation by a commander
Reliable other Source of a unit
B- Usually Reliable 2- Probably True U- Report by a penetration or resident
agent
C- Fairly Reliable 3- Possibly True V- Report by an AFP trooper or PNP
personnel in encounter or operation
D- Not Usually 4- Doubtfully True W- Interrogation of a captured enemy
Reliable agent or foreigner
E- Unreliable 5- Improbable X- Observation by a government or
civilian employee or official
F- Reliability Cannot 6- Truth cannot be Y-Observation by a member of
be Judged Judged populace

Z- Documentary

3. Interpretation
It is establishing the meaning and significance of the information.
a. Analysis – done by shifting and isolating those elements that have
significance
b. Integration – combination of the elements stated in assessment
c. Deduction – conclusions from the theory developed, tested, and considered
valid.
PHASE 4 – DISSEMINATION AND USE
Considerations:
1. Timeliness – reach the user on time to be useful
2. Propriety – right user like national leaders or commanders

Methods of Dissemination
a. Conference
b. Operations order, oral, or written
c. Personal conduct
d. Memorandum, circulars, special orders, etc
e. Fragmentary orders from top to bottom of the command
f. Other report and intelligence documents

Counter-Intelligence Security Measures and Security Operations in Relation to

Intelligence
A. Physical Security. A system of barrier placed between the potential intruder
and the material being protected, such as human, animal, structural and energy barriers.

B. Communication Security. The protection resulting from the application of

measures designed to deny unauthorized persons information of value which might be
derived from a study of communications materials and information or to mislead
unauthorized persons in their interpretations of the results of such a study. It includes:
physical, cryptographic and transmission security.

C. Document Security. Document is any recorded information, regardless of its

physical form or characteristics and includes but is not limited to the following:

1. Written matter, whether handwritten, printed or typed;

2. All printed, drawn or engraved matters;
3. All sound and voice recordings;

4. All printed photographs and exposed or printed films, still or moving; and
5. All productions of the foregoing for whatever purposes.

Classified Matter-Information or material in any form or of any nature, the safeguarding

of which is necessary in the interest of national security. The term “classified police
information” or “classified military information” includes all information concerning
documents, cryptographic devices, developments, projects, and materials falling in the
category of “top secret”, “secret”, “confidential”, or “restricted”.
Security Clearance- An administrative determination from a security standpoint that an
individual is eligible for access to classified matter of specific category.
Compartmentation- The granting of access to classified document or information only
to properly cleared persons when such classified document or information is required in
the performance of their official duties, and restricting it to specific physical confines when
feasible.
Need-To-Know- The term given to the requirement that the dissemination of classified
matters be limited strictly to those persons whose official police or other government duty
requires knowledge or possession thereof.
Compromise- Lose of security that resulting to unauthorized person obtaining knowledge
on classified matter. An used in this manner, the term “unauthorized person” means any
person not authorized tohave access to classified matter.
Damage to National Security- The prejudice, embarrassment or injury to the Republic
of the Philippines resulting from any act or omission.
Classify- The assigning of information or material to one of the four security classification
categories after determining that such information or material requires security protection
as prescribed by PNP Regulation 200- 012.The four security classification
categories are: Top Secret, Secret, Confidential, and Restricted.

Upgrading- The changing of classified matter to a categories higher than that

previously assigned to it.
Reclassify- The act of changing the assigned classification of a document or
material (Notification of cognizant authority/s is part of the Process)
Declassify- The removal of the security classification from classified document or
material. (Notification of interested office or agency is part of process)

Security Officer- A properly trained and cleared individual who assist the chief of
the office in discharging the responsibilities of safeguarding classified document and
materials.
Custodian- A cleared individual charged with the responsibility of safeguarding
and accounting classified materials.

Four (4) Categories of classified Matter (PNPR 200-0121)

1. Top Secret- information and material whose unauthorized disclosure would
cause exceptionally grave damage to the Country.
2. Secret- information and material whose unauthorized disclosure would
endanger national security, cause serious injury to the interest and prestige of a
nation or of any government activity or would be of great advantage to a foreign
nation.
 3. Confidential- information and material whose unauthorized disclosure would
be prejudicial to the interest or prestige of the nation or government activity or
would cause administrative embarrassment or unwanted injury to an
individual or would be an advantage to a foreign nation.
4. Restricted- information and material that require special protection other than
that determined to be top secret, secret or confidential.
D. Personnel Security. Includes security measures designed to prevent unauthorized
individual of doubtful loyalty to the Philippine government from:

1. Gaining access to classified matters or security facilities, armaments, restricted

area warehouse supply rooms, powerhouses etc.
2. To prevent the appointment, employment or retention of an employee of such
individual of questionable loyalty.
3. To protect own personnel from hostile activities of assassinations, sabotage,
subversion, disaffection from the opposition
Personnel Security Investigation- an inquiry into the background of an
individual particularly with respect to his character, loyalty, integrity and discretion.
Four (4) Types of Personnel Security Investigation
1. LAC

2. NAC
3. PBI
4. CBI

CRYPTOGRAPHY
An art or science of making, devising, and protecting codes and ciphers.
It is a science of preparing communication intended to be intelligible only to the person
possessing the key or method of developing the hidden meaning by crypto-analysis using
apparently incoherent text.
It includes the use of concealed messages, such as those hidden in otherwise innocent
text and those written in invisible ink, depend for their success on being unsuspected,
once they are discovered, they frequently offer little difficulty to decipherment.

CRYPTANALYSIS – refers to the science of breaking codes and ciphers.

PLAIN TEXT – a.k.a clear text, it is the original communication to be scrambled or

enciphered.

CRYPTOGRAM – a.k.a cipher text, the product of enciphering process that usually
involves an algorithm and a key.
STEGANOGRAPHY – “concealed message”
• It deals with hidden or secret writing, relies on different ways to hide or disguise
writing

CRYPTO ANALYST – refers to those persons who break intercepted codes

CRYPTOGRAPHER – a person who is highly skilled in converting message from clear to
unintelligible forms by use of codes and ciphers.
CODING – it is the changing of message from plain clear text to unintelligible. Also known
as “Encrypting”
DECODING- transforming of coded message into plain text. Also known as “Decrypting”

Codes
Words and phrases are represented by predetermined words, numbers, or symbols, and
are usually impossible to read without the key code book.

Ciphers – methods of transposing the letters of plain text message or to methods involving
the substitution of the letters or symbols for the original letters of a message, and to
various combinations of such methods, all according to prearranged system.

TYPES OF CODE:
1. JARGON CODE – a particular arbitrary phrase corresponds to a particular
predefined message that may not, in fact shouldn’t have, anything to do with the
jargon code phrase
For example:
Code: The nightingale sings at dawn
Plaintext: The supply drop will take place at 0100 hours tomorrow

Wherein:
Nightingale = supply
Sings – drop
Dawn = 0100 hrs

BOXER SEVEN SEEK TIGER5 RED CORAL

Plain text: Intelligence Unit is pursuing the Abu Sayyaf Group at Basilan

2. NUMBER CODE – military codes are often defined as “code numbers”

For example:
85772 24799 10090 59980

85772 = BOXER SEVEN

24799 = SEEK
10090 = TIGER 5
59980 = RED CORAL

SUBSTITUTION CIPHERS
1. Simple Substitution Ciphers – a particular letter or symbol is substituted for each
number.

Represent the entire cipher by two rows of letter. These rows are called as
LOOKUP TABLE

PLAIN TEXT ABCDEFGHIJKLMNOPQR

STUVWXYZ
CIPHER DEFGHIJKLMNOPQRSTU
VWXYZABC

EXAM = HADP

Given plaintext: erase the tapes

Cipher: CITXC SRC STPCX

2. TRANSPOSITION CIPHER – Shuffles the letters around

• Swapping of every pair of letters in a plaintext
• Transposition ciphers may be combined with substitution ciphers to produce more
complex encoded message

For example, suppose Alice wants to send Bob the message:

Meet me near the clock at twelve midnight tonite

One way to transpose this message is for Alice to write in the words vertically in
five rows without any spaces as follows:

Meetm
Enear
Thecl
Ockto
Werat
Twelv
Emidn
Ightt
Onite

And then” read off”

METOWWTEIOENHCEWMGNEEEKREIHITACTALDTTMRLOTVNTE

More examples of ciphers

• CONCEALMENT – the simplest, which mean to hide/hidden
 • It is a simple kind of cryptography, because the message is written normallyand
merely hidden. Although they are hard tobreak, codes are also easy to use
because words and symbols are predetermined

For example:
CIPHER: I will do it. If not today, then trust me. Signed smith
PRE-DETERMINED INSTRUCTION: copy out every third word)

HIDDEN MESSAGE: DO NOT TRUST SMITH