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Chapter 4 7

This document outlines investigation procedures and rules for the Philippine National Police (PNP). It discusses procedures for investigating armed confrontations, including securing the crime scene, requesting forensics processing, and submitting any firearms found for analysis. It also covers rules for judicial affidavits, maintaining police blotters to record incidents, and booking arrested suspects to document their information and alleged crimes. Procedures are provided for maintaining separate records for cases involving women and children to protect privacy. The importance of accuracy and integrity in collecting and reporting crime data from all law enforcement agencies is also emphasized.

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LOPEZ, RHEA MAE
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0% found this document useful (0 votes)
71 views16 pages

Chapter 4 7

This document outlines investigation procedures and rules for the Philippine National Police (PNP). It discusses procedures for investigating armed confrontations, including securing the crime scene, requesting forensics processing, and submitting any firearms found for analysis. It also covers rules for judicial affidavits, maintaining police blotters to record incidents, and booking arrested suspects to document their information and alleged crimes. Procedures are provided for maintaining separate records for cases involving women and children to protect privacy. The importance of accuracy and integrity in collecting and reporting crime data from all law enforcement agencies is also emphasized.

Uploaded by

LOPEZ, RHEA MAE
Copyright
© © All Rights Reserved
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Download as DOCX, PDF, TXT or read online on Scribd
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CHAPTER 4

INVESTIGATION PROCEDURES
Learning Outcomes
The students are expected to:
 Explain the procedures in the conduct of investigation;
 Explain the significance of judicial affidavit rule, blotter, and booking in investigation;
 Discuss the rules in the conduct of custodial investigation and inquest preceding; and
 Determine the procedures in crime scene investigations

RULE 15. INVESTIGATION BY THE TERRITORIAL POLICE UNIT AFTER AN ARMED


CONFRONTATION

15.1 Responsibility of the Territorial Police Unit


The Police Unit that has territorial jurisdiction over the area where the armed confrontation
occurred shall secure the scene and immediately undertake the necessary investigation.

15.2 Scene of the Crime Operation (SOCO) Team to Process the Crime Scene
The concerned Police Unit shall immediately request the Scene of the Crime Operation (SOCO)
Team to conduct crime scene processing.

15.3 Mandatory Examination of Firearm Seized/Confiscated during Police Operation


a. All firearms, cartridges and slugs seized, captured or recovered during checkpoints or pursuit
operations or in any other police operations including those seized during the service of warrants and,
more importantly, those recovered from the crime scene shall immediately be submitted to the local Crime
Laboratory (CLO) which shall in turn process it for capturing and cross-matching through the Integrated
Ballistics Identification System (IBIS);
b. The field investigator or investigator-on-case (IOC) shall submit the photo of the firearm and
the receipt issued by the local Crime Laboratory Office for the said firearm/cartridges/slugs to the
prosecutor or the court;
c. Should the prosecutor eventually require the physical submission of the firearm, the
investigator-on-case shall manifest with the prosecutor or court that a subpoena be issued for the Crime
Laboratory which issued the receipt to present the said firearm; and
d. It is also imperative that the chain of custody be strictly observed and documented and
therefore, as much as practicable, it shall be the investigator-on-case (IOC) who shall personally submit
the recovered firearms/ shells/slugs to the local Crime Laboratory.

15.4 Inquest Proceeding Necessary When the Suspect Dies


In cases of armed confrontation wherein the suspect dies, the Team Leader of the operating unit
shall submit the incident for inquest before the duty Inquest Prosecutor prior to the removal of the body
from the scene, except in areas where there are no Inquest Prosecutors. In which case, the territorial
police unit can proceed with the investigation.

RULE 16. JUDICIAL AFFIDAVIT RULE


This Rule shall apply to all actions, proceedings, and incidents requiring the reception of evidence
before the court in place of the direct testimonies of witnesses in order to reduce the time needed for
completing their testimonies.

16.1 Application of Rule to Criminal Actions


This rule shall apply to all criminal actions where the maximum imposable penalty does not
exceed six years.
16.2 Contents of Judicial Affidavit
A judicial affidavit shall be prepared in the language known to the witness and, if not in English or
Filipino, accompanied by a translation in English or Filipino, and shall contain the necessary
data/information.
a. The name, age, residence or business address, and occupation of the witness;
b. The name and address of the lawyer who conducts or supervises the examination of the
witness and the place where the examination is being held;
c. A statement that the witness is answering the questions asked of him, fully conscious that he
does so under oath, and that he may face criminal liability for false testimony or perjury;
d. Questions asked of the witness and his corresponding answers, consecutively numbered, that:
(1) Show the circumstances under which the witness acquired the facts upon which he
testifies;
(2) Elicit from him those facts which are relevant to the issues that the case presents;
and
(3) Identify the attached documentary and object evidence and establish their authenticity
in accordance with the Rules of Court;
e. The signature of the witness over his printed name; and
f. A proof that an oath was taken before an administering officer or a notary public.

16.3 Sworn Attestation of the Lawyer


The judicial affidavit shall contain a sworn attestation at the end, executed by the lawyer who
conducted or supervised the examination of the witness, to the effect that:
a. He faithfully recorded or caused to be recorded the questions he asked and the corresponding
answers that the witness gave; and
b. Neither he nor any other person then present or assisting him coached the witness regarding
the latter’s answers.
CHAPTER 5.
POLICE BLOTTER

17.1 Police Blotter


Each PNP operating unit shall maintain an official police blotter where all types of operational and
undercover dispatches shall be recorded containing the five “Ws” (who, what, where, when and why) and
one “H” (how) of an information.
A Police blotter is a logbook that contains the daily registry of all crime incident reports, official
summaries of arrest, and other significant events reported in a police station.

17.2 Police Blotter for Cases involving Women and Children


A separate Police Blotter, however, shall be maintained for crime incident reports involving
violence against women and children and those cases involving a child in conflict with the law to protect
their privacy pursuant to Republic Act (RA) 9262 (Anti-Violence Against Women and Children Act of
2004) and RA 9344 (Juvenile Justice and Welfare Act of 2006), respectively.

17.3 Crime Incident Reporting System (CIRS)


Each PNP operating unit shall also maintain and utilize the PNP Crime Incident Reporting System
(CIRS), an electronic reporting system that facilitates crime documentation, modernizes data storage and
provides quick and reliable transmission of crime information from lower units and NOSUs of the PNP to
the National Headquarters at Camp Crame, Quezon City.

17.4 Blotter Procedure


Before entry into the blotter book, the Duty Officer (DO) should first evaluate if the report is a
crime incident, arrest or event/activity, which is for records purposes only. If the report is a crime incident,
the DO shall first accomplish the Incident Record Form (IRF) from which the entry in the blotter book and
IRS shall be extracted. All other reports shall be recorded directly to the blotter book.

RULE 18. UNIT CRIME PERIODIC REPORT (UCPER)

18.1 Purpose
To promote consistency in the recording of crime incidence, the PNP adopts a uniform procedure
in reporting and collecting crime data including cases reported to other law enforcement agencies that are
part of the Criminal Justice System.

18.2 Execution and Procedures


The Chief of Police is primarily responsible for the maintenance of accurate crime data. Accuracy
and integrity of crime recording processes must be ensured by the Chief of Investigation Section and
Crime Registrar.
The Chief of Police shall likewise ensure that crime data are gathered from all sources, such as:
Barangay, NBI, PDEA, BFAR, DENR, DSWD, BOC, BI and other agencies with law enforcement
functions in the locality. Unit Commanders shall appoint a Crime Registrar who shall be responsible in
consolidating and maintaining crime data fi les of each unit to ensure consistency and continuity.

18.3 Recording
a. Incident Reports
All crime incidents whether reported by the victims, witnesses or third parties must be recorded in
the police blotter, even under the following circumstances.
(1) When the offender is ill and is unlikely to recover or is too senile or too mentally disturbed for
proceedings to take place;
(2) When the complainant or an essential witness is dead and the proceedings cannot be
pursued;
(3) When the victim or an essential witness refuses, or is permanently unable to stand as a
witness; and
(4) The victim or complainant or witness is a minor.

b. Reporting Jurisdiction
The police unit with the territorial jurisdiction where the crime was committed shall have the
primary responsibility to record and report the same. If a continuing crime is committed in various areas of
responsibilities, it should be recorded and reported as a single crime by the unit taking cognizance of the
crime.

RULE 19. BOOKING OF ARRESTED SUSPECTS


Booking of arrested suspects shall be undertaken to record and document the information
surrounding the arrest of the suspect.

19.1 Policies and Guidelines


The following policies and guidelines shall be adhered to by all PNP personnel involved in the
booking of arrested suspects:

a. General Policy
After arrest, a suspect is taken into police custody and “booked” or “processed”. During
booking, the following procedures shall be performed by designated police officers.
(1) Record the arrest made in the Police Blotter;
(2) Conduct pat down or strip search of the suspect;
(3) Submit the suspect for medical examination;
(4) Take the criminal suspect’s personal information (i.e.name, date of birth, physical
characteristics, etc.);
(5) Record information about the suspect’s alleged crime;
(6) Perform a record search of the suspect’s criminal background;
(7) Fingerprint and photograph the suspect;
(8) Take custody of any personal property carried by the suspect (i.e. keys, purse), to be
returned upon the suspect’s release; and
(9) Place the suspect in a police station lock-up/holding cell or local jail.

b. Specific Functions, Responsibilities and Procedures


The following are the functions, procedures and responsibilities of the different personnel
during the booking of arrested suspects:

(1) Arresting Officer (AO):


(a) Upon arrest, the Arresting Officer (AO) shall immediately bring the suspect/s to the
police station and present the suspect/s to the Desk Officer (DO);
(b) The AO shall ask the Desk Officer to record in the police blotter the circumstances of
the arrest as well as the identity of the suspects and names of Arresting Officers (AO). This
procedure of assigning a blotter number to the arrest of the suspects signifies that the police
station has officially taken cognizance of the arrest. The AO shall sign in the blotter entry;
(c) The AO and the DO shall thereafter conduct a more thorough pat-down search of the
suspects. Any deadly weapon or contraband found and confiscated shall also be recorded in the
blotter. When women or children are among those arrested, the DO shall task the duty WCPD
officer to conduct the pat-down. A strip search may be conducted as the situation demands but
only with the authority of the Chief of Police (COP) or the Officer on Duty. A strip search, if
conducted, will be so indicated in the blotter;
(d) After the pat-down, the AO shall request the DO to prepare PNP Booking Form-1
(e) The AO shall receive the accomplished medical examination request form and then
shall be responsible for bringing/escorting the suspect/s to the government hospital referred to in
the request for the examination of the suspect/s;
(f) The AO shall receive the Medical Examination results from the government physician
and then he shall bring back the suspect/s to the police station and turn-over the suspect/s and
the results of the medical examination to the Duty Investigator (DI); and
(g) The AO will obtain PNP Booking Form 2 - “Arrest and Booking Sheet” and refer it to
the DI so that both of them will accomplish the form, diligently providing all the information
required in the form. The copy of the Arrest and Booking Form shall form part of the Case folder
and kept at the Investigation Section at the police station
(2) Desk Officer (DO):
(a) Upon presentation by the AO of the arrested suspect/s to the DO, the Desk Officer (DO) shall
log and record the details of the arrest made and assign a blotter entry number to the arrest. The entry
shall include the name of the arresting officer and information as to the identity of the suspects and shall
contain the five (5) “W”s and one (1) “H” (Who, What, Where, When, Why and How) of an information as
well as the name of the government hospital where the suspect/s will be referred for medical examination;
(b) After recording in the police blotter, the DO together with the AO shall conduct a redundancy
pat-down search of the suspect/s. This procedure is necessary to ensure that the suspect/s do not carry
any deadly weapons or contraband when they are referred to a government hospital for medical
examination. Any weapons or contraband or any other items confiscated or taken in custody during the
pat-down search shall likewise be recorded in the blotter. (If the suspect is a woman or child, the Desk
Officer shall call for the duty WCPD officer who shall conduct the search); and
(c) The Desk Officer shall then prepare or accomplish PNP Booking Form (PNPBF)-1
“Request for Medical Examination of the Arrested Suspect”. The Desk Officer shall have the police station
Officer on Duty (OD) to sign the request form, but in the absence of the OD, the Desk Officer may sign
the request form himself.
(3) Duty Investigator (DI):
(a) After medical examination, the Arresting Officer shall refer the suspect/s and the case to the
Duty Investigator (DI). The DI and the AO shall accomplish the PNP Booking Form-2 “Arrest and Booking
Form” and ensure that copies of the results of the medical examination are attached to the booking form;
(b) The DI shall obtain personal information from each suspect and accomplish PNPBF-2 with the
help of the AO. The PNPBD-2 booking sheet should contain among others the personal circumstances of
the suspect/s. Likewise, the initial determination of the nature of the offense is included in the booking
sheet. The last part of the booking sheet refers to the medical history or information known of the
suspect/s, this part should not be confused with the medical certification issued by a doctor upon his
arrest which shall be attached to the PNP Booking
Form-2A (Medical Examination Result Sheet)
(c) The DI shall conduct record check to determine if the arrested suspect/s has previous or
existing cases and/or standing warrant of arrest;
(d) The Duty Investigator shall not process suspects brought by the Arresting Officers who have
not undergone a medical examination in a government hospital;
(e) The DI shall ensure that Mug Shots or the photographic portrait of the suspects are taken in
four (4) different methods in accordance with the procedures. The 4R mug shots shall be attached to or
printed in the PNP Booking Form- 2B (Mug Shots of Suspects)
(f) The Duty Investigator shall prepare a Turn-over Receipt Form (from Investigator to the Jailer)
known as PNP Booking Form-3 (Turn-over of Arrested Suspects Form and Jailer’s Receipt of
Suspects Form”). The Jailer of the Station will now take responsibility of the suspect. If it is necessary
that the arrested persons be placed in the lockup cell, a complete body frisking of the suspect by pat-
down type search for any concealed weapon must be done. Strip search shall be conducted if necessary.
On body search of arrested male suspect, it is typically not required to same sex pat down searches, but
it is wise. When it comes to women and children, the WCPD officer who is familiar with women and
children protection duties will conduct the search. Search is done to ensure that no prohibited object will
be brought inside the lock-up cell, particularly sharp objects that can be used to hurt other prisoners and
ropes that might be used for entangling;
(g) All personal valuables of the suspect that are not allowed to be brought inside the lock-up cell
will be collected by the Investigator and shall be turned-over to the police station Property Custodian. The
Investigator shall prepare PNP Booking Form 4. (Suspect’s Personal Property Receipt Form)
(h) The DI shall also be responsible for ensuring that the suspects’ fingerprints or ten prints are
taken by the Fingerprint Technician, using both the ten-print card and the PNPBF-2. Only a trained
Fingerprint Technician shall be allowed by the DI to take the ten-prints of the suspects using the standard
PNP Crime Laboratory Form No 452-038 to ensure that this will be readable by the Automated Fingerprint
identification System (AFIS). The ten-print card is considered as an integral part of the booking form and
is known as PNP Booking Form-2C (Ten-print Card);
(i) The DI must always inform the Desk Officer of the status of the case and the suspect so that
updates will be entered in the police blotter;
(j) The Investigator shall be responsible for preparing the necessary documents such as:
Affidavit-complaint; affidavit of witness; booking and arrest report; photo copy of recovered evidence if
any; and a letter of case referral to the Prosecutor’s Office that should be signed by the Station
Commander or police station Officer on Duty with the former’s unavailability.
CHAPTER 6
CUSTODIAL INVESTIGATION

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 writing;
d. The arresting officer must ensure that, before the sworn statement is signed, or thumb-marked
if there is inability to read and to write, the document shall be read and adequately explained to the
person arrested, detained or under custodial investigation by his counsel of choice, or by the assisting
counsel provided to him, in the language or dialect known to him;
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
with 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.

20.2 Detention
The following are the policies and procedures in the admission, visitation, transfer and release of
detainees:
a. Admission
The following can be detained/ admitted in the PNP Detention/Custodial Center:
(1) Any person arrested due to the commission of a crime/s;
(2) Arrested suspects covered by a Commitment Order; and
(3) Arrested suspects who are under custodial investigation. However, under no circumstances
should the arrested suspects under custodial investigation be held in the detention center beyond the
prescribed reglementary period, unless, while in custody, appropriate charges have been filed and a
Commitment Order has been issued by the court concerned or he signed the required waiver of the rights
under the provisions of Article 125 of the RPC.

b. Requirements for Admission


Prior to the admission of arrested suspect, the following mandatory requirements shall be
submitted to the Chief, Detention/Custodial Center:
(1) Request for Custody of the arresting unit or the Commitment Order from the Court;
(2) Proof of medical examination or medical certificate of the detainee to be provided by the
arresting unit requesting for custody; and
(3) Case folder of the detainee containing the accomplished booking sheet for the arrested
suspect and the Information filed with the Prosecutor’s Office.

c. Segregation of Detainees
As much as practicable, detainees must be segregated according to gender and to the
classification of crimes committed.

d. Visitation
Any person arrested and detained at the PNP Detention/Custodial Center shall be allowed visits
by or conferences with any member of his immediate family, or any medical doctor or priest or religious
minister chosen by him or by any member of his immediate family or by his counsel, or by any local NGO
duly accredited by the CHR or by any international NGO duly accredited by the Office of the President,
subject to the following conditions:
(1) The Chief, Detention/Custodial Center or his duly authorized representative is authorized to
apportion the number of visitors per detainee at any given time as the space of the visitor’s area may
allow.
(2) With respect to detainee’s family members, public and/or pertinent document must be
presented to prove their relationship with the detainee.
(3) Visitors wearing the color of the detainee’s uniform shall be advised to wear other colors.
(4) The Custodial Center, an informal and temporary penal facility for arrested suspects, shall not
allow conjugal visits for detention prisoners.
(5) The counsel of the accused has the right to visit the latter subject to the existing security rules
and regulation of the Center.
(6) No camera, video equipment, cellular phone and similar devices are allowed inside the visiting
area.
(7) All visitors shall be frisked for deadly weapons, firearms and other prohibited items.

e. Transfer of Custody
(1) Upon receipt of the Commitment Order from the court, the Chief, Detention/Custodial Center
shall personally coordinate with the issuing court to ascertain the validity of the order;
(2) Upon confirmation, the Chief, Detention/Custodial Center must coordinate with the receiving
detention facility for the immediate transfer of custody; and
(3) Prior to the transfer of custody, the arrested person shall be subjected to medical examination
by a PNP medico-legal officer or any government physician in the absence of PNP medico-legal officer.
Medical examination is mandatory before any transfer of custody of arrested person.

f. Release
(1) The Chief of Office shall be the sole approving authority in releasing detention prisoner.
(2) Upon receipt of the Release Order from the court, the Chief, Detention/Custodial Center shall
personally coordinate with the issuing court to ascertain the validity of the order.
(3) Upon confirmation, the Chief, Detention/Custodial Center must coordinate with the arresting
unit if there are other legal impediments to the release.
(4) The Chief, Detention/Custodial Center shall likewise check the Directorate for Investigation
and Detective Management (DIDM)’s Arrest and Warrant Registry to determine if the detainee to be
released has other pending warrants of arrest.
(5) Granting that all documents are legally in order, the Chief, Detention/Custodial Center shall
prepare the memorandum addressed to the Chief of Office for the approval of the release.
(6) If there are valid grounds to sustain further detention, the Chief of Office in coordination with
the arresting unit, will prepare the appropriate manifestation to the court containing therein the ground/s
for objection.
(7) Prior to the official release of the detainee, the Chief, Detention/Custodial Center must bring
the detainee to the Office of the PNP Health Service or Rural Health Unit for medical examination, which
shall form part of the records/case folder of the subject detainee.
(8) The Property or Evidence Custodian Officer shall be responsible for the custody of all the
properties seized from the detainee prior to his detention. The former shall release the same to the
detainee immediately upon his discharge from detention.

20.3 Transporting Detention Prisoner


a. If transported by a patrol jeep, the subject must be seated on the right rear seat and a PNP
escort shall sit at the rear on the left side facing the subject. Hands of the subject should be secured by
handcuffs under his knees.
b. If transported by a patrol car, subject must be seated on the right rear seat and the PNP escort
personnel shall sit on the left rear seat. Hands of the subject should be secured by handcuffs under his
knees.
c. In no case shall a Detention Prisoner be transported using public utility land vehicles that are
not exclusively utilized for the purpose.
d. In no case shall a high-risk Detention Prisoner be transported without proper escort and
handcuffs.
e. Female detainees shall be transported in handcuffs, preferably aided by a police woman.
f. In no case shall a Detention Prisoner be allowed out of the Detention Cell without proper escort.
g. Transport and escort of Detention Prisoner shall be limited only from the detention cell to the
proper office for inquest, or court for hearing, or to the nearest hospital/ clinic in case of the mandatory
medical examination prior to detention or during actual medical emergency, or in court-permitted
transport.
h. In no case shall a Detention Prisoner be allowed travel and escort outside the detention cell to
places devoted for recreation, worship, entertainment, meals and dining and others of similar and
analogous description, unless upon lawful orders of the court.
i. Detention Prisoners shall as much as possible be transported wearing detention prisoner
uniform or proper attire that may identify them as a detention prisoner.

RULE 21. INQUEST PROCEDURES

21.1 Commencement of Inquest


The inquest proceedings shall commence upon the presentation of arrested person and
witness/es by the police officer before the inquest prosecutor. The concerned police officer shall also
submit the following documents:
a. Affidavit of Arrest;
b. Statement(s) of the complainant(s);
c. Affidavit(s) of the witness(es) if any; and
d. Other supporting evidence gathered by law enforcement authorities in the course of their
investigation of the criminal incident involving the arrested person.

21.2 Documents to Be Submitted


The investigator shall ensure that, as far as practicable, the following documents shall be
presented during the inquest proceedings:

a. Murder, Homicide and Parricide


(1) Certified true/machine copy of the certificate of death of the victim; and
(2) Necropsy Report and the certificate of Post-Mortem Examination, if readily available.
b. Frustrated or Attempted Homicide, Murder, Parricide, and Physical Injuries Cases
(1) Medical Certificate of the complaining witness showing the nature or extent of the
injury;
(2) Certification or statement as to the duration of the treatment or medical attendance;
and
(3) Certificate or statement as to duration of incapacity for work.
c. Violations of the Dangerous Drugs Law
(1) Chemistry Report or Certificate of Laboratory Examination duly signed by the forensic
chemist or other duly authorized officer;
(2) Machine copy or photograph of the buy-bust money;
(3) Inventory/list of property seized; and
(4) Affidavit of Poseur-Buyer/Arresting Officer.
d. Theft and Robbery Cases, Violation of the Anti-Piracy Law, Anti-Highway Robbery Law,
and Violation of the Anti-Fencing Law
(1) List/Inventory of the articles and items subject of the offense; and
(2) Statement of their respective value.
e. Rape, Seduction, and Forcible Abduction with Rape Cases
(1) Medico-Legal Report (Living Case Report), if the victim submitted herself for medical
or physical examination;
(2) Statement of the victim/complainant;
f. Violation of the Anti-Carnapping Law
(1) Machine copy of the certificate of motor vehicle registration;
(2) Machine copy of the current official receipt of payment of the registration fees of the
subject motor vehicle; and
(3) Other evidence of ownership.
g. Violation of the Anti-Cattle Rustling Law
(1) Machine copy of the cattle certificate of registration; and
(2) Picture of the cattle, if readily available.
h. Violation of Illegal Gambling Law
(1) Gambling paraphernalia; and
(2) Cash money, if any.
i. Illegal Possession of Firearms and Explosives
(1) Chemistry Report duly signed by the forensic chemist; and Photograph of the
explosives, if readily available; and
(2) Certification from the Firearms and Explosives Office, Civil Security Group, PNP.
j. Violation of the Fisheries Law
(1) Photograph of the confiscated fish, if readily available;
(2) Certification of the Bureau of Fisheries and Aquatic Resources; and
(3) Paraphernalia and equipment used in illegal fishing.
k. Violation of the Forestry Law
(1) Scale sheets containing the volume and species of the forest products confiscated,
number of pieces and other important details such as estimated value of the products
confiscated;
(2) Certification of the Department of Environment and Natural Resources/Bureau of
Forest Management; and
(3) Seizure Receipt.

21.3 Waiver of Rights


The inquest shall proceed unless the arrested person opts for a preliminary investigation by
executing the required waiver of rights under Article 125 of the RPC.

21.4. Monitoring of Cases by the Investigators


An investigator’s job does not end upon the fi ling of the case with the Prosecutor’s Office. The
investigator on case shall continuously monitor the case up to its final resolution.

CHAPTER 7
CRIME SCENE INVESTIGATION
The Crime Scene Investigation (CSI) starts from the arrival of the PNP First Responders (FRs) to
the arrival of the Duty Investigator/IOC and the SOCO Team until the lifting of the security cordon and
release of the crime scene.

22.1 Specific Functions, Responsibilities and Procedures of the First Responder, Investigation-
On-Case (IOC) and SOCO
The following are the functions and responsibilities of the investigators during the crime scene
investigation, as well as the procedures to be observed:

a. First Responder (FR)


(1) The first Police Officers to arrive at the crime scene are the FRs who were dispatched by the
local police station/unit concerned after receipt of incident/flash/ alarm report;
(2) Immediately, the FR shall conduct a preliminary evaluation of the crime scene. This evaluation
should include the scope of the incident, emergency services required, scene safety concerns,
administration of life-saving measures, and establishment of security and control of the scene;
(3) The FR is mandated to save and preserve life by giving the necessary first-aid measures to
the injured and their medical evacuation as necessary. The FR shall likewise secure and preserve the
crime scene by cordoning off the area to prevent unauthorized entry of persons;
(4) The FR shall take the dying declaration of severely injured person/s, if any. Requisites of a
“Dying Declaration” are:
(a) That death is imminent and the declarant is conscious of that fact;
(b) That the declaration refers to the cause and surrounding circumstances of such
death;
(c) That the declaration relates to facts which the victim is competent to testify to; and
(d) That the declaration is offered in a case where in the declarant’s death is the subject
of the inquiry.
(5) The FR shall make the initial assessment on whether a crime has actually been
committed and shall conduct the preliminary interview of witnesses to determine what and how
the crime was committed;
(6) If and when there is a suspect present in the area, the first responder shall arrest,
detain and remove the suspect from the area;
(7) The FR, upon the arrival of the IOC, shall turnover the crime scene to the duty
investigator/IOC after the former has briefed the investigator of the situation. The FR shall
prepare and submit the CSI Form “1” - First Responders Report to the IOC and be prepared to
assist the IOC in the investigation; and
(8) The FR shall stay in the crime scene to assist the IOC in the maintenance of security,
crowd control, and preservation of evidence and custody of witness/suspect until such time the
investigation is completed and temporarily turned over to the local Chief of Police (COP) for the
continuance of crime scene security.
b. Investigator-on-Case (IOC) /Duty Investigator
(1) Upon arrival at the crime scene, the IOC shall request for a briefing from the FR and make a
quick assessment of the crime;
(2) At this stage, the IOC shall assume full responsibility over the crime scene and shall conduct a
thorough assessment of the scene and inquiry into the incident. If necessary the IOC may conduct crime
scene search outside the area where the incident happened, employing any of the various search
methods;
(3) Based on the assessment, if the IOC determines that a SOCO team is required, he shall
report the matter to his COP and request for a SOCO; otherwise, the IOC shall proceed with the CSI
without the SOCO team and shall utilize CSI Form “4” (SOCO Report Forms 1-4)
(4) The IOC may by himself if the situation so demands, conduct CSI if, there is no Provincial
Crime Laboratory Office/Regional Crime Laboratory Office in the province. The IOC must, however,
ensure that the correct procedures in the collection of evidence are observed to ensure the admissibility
of the evidence;
(5) The Police Station Operation Center, upon directive of the COP, shall make the request for
the SOCO team through the Provincial/City Operations Center;
(6) It shall be the responsibility of the Provincial/City Operations Center to facilitate the request for
the SOCO Team;
(7) Upon the arrival of the SOCO Team, the IOC shall accomplish CSI Form “2” and submit the
same to the SOCO Team Leader. The SOCO team shall not enter the crime scene unless the IOC makes
the official written request wherein he assures the SOCO team of his presence and support (Request for
the Conduct of SOCO); and
(8) The IOC shall brief the SOCO Team upon their arrival at the crime scene and shall jointly
conduct the preliminary crime scene survey.

c. SOCO Team
(1) The SOCO Team shall not join any operations conducted by the local police or accompany
the FRs or the IOC in going to the crime scene. They will only respond upon request through the
Operations Center and after the IOC has already made the proper assessment of the crime scene
(2) Upon receipt of the Request for Conduct of SOCO, the SOCO Team shall then conduct the
scene of the crime operations which include among others the narrative description of the crime scene,
photography, videography, crime scene search, crime scene sketch, crime scene location sketch,
physical evidence recording and collection, and other procedures necessary;
(3) In case the SOCO Team needs to temporarily suspend the processing, the Chief of Police
shall be primarily responsible and accountable for securing the crime scene and ensuring its integrity until
the return of SOCO Team and the conclusion of the CSI;
(4) After the termination of the SOCO, the SOCO Team Leader shall brief the IOC on the initial
results and thereafter conduct the final crime scene survey together with the IOC; and
(5) The SOCO Team shall accomplish the CSI Form “4” - SOCO Report Forms and furnish the
IOC of copies of the same before leaving the crime scene.

22.2 Release of the Crime Scene


a. 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 have been 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;
b. The IOC shall accomplish the CSI Form “6” before the cordon shall be lifted
(IOC/Investigator’s CSI Form);
c. The IOC shall ensure that the appropriate inventory has been provided by the SOCO Team
and shall only lift the security cordon and release the crime scene only after completion of the
documentation process;
d. The IOC or the COP shall turn-over the crime scene to the owner of the property or where the
crime scene is a public place, to any local person in authority using CSI Form “5” – (Release of the
Crime Scene Form);
e. The IOC shall accomplish and submit the Investigator’s Report with all the required
attachments to the COP within two (2) working days from the date of incidence; and
f. The CSI Report shall be the first entry in the Case Folder for the investigation of the incident.
22.3 Crime Scene Investigation
Crime Scene Investigation flow
1. Incident report
2. First responders proceed to the crime scene
3. Investigator-on-case arrive at the crime scene
4. Conduct of SOCO by Crime laboratory
5. Investigator-on-case check crime scene before cordon is lifted
22.4 Special SOCO Procedures
In cases where the evidence gathered needs special processing due to significant or sensational
cases, the specialists from the Crime Laboratory shall be requested.
a. In bombing cases, the EOD personnel should first clear the area and declare it “secured” prior
to entry of the SOCO. The former, before entering the crime scene must submit to the latter for swabbing.
All evidence collected must be pre-cleared by the EOD prior to documentation.
b. In suspected or reported chemical, biological, radiological or nuclear (CBRN) situations, the
SOCO shall directly coordinate with the Special Rescue Team of the Bureau of Fire and Protection before
the conduct of the crime scene investigation.
c. In mass victim situation, the Regional/District SOCO who has jurisdiction over the area, in
addition to their function, shall act as the FR to the Interim Disaster Victim Identification Task Group (IDVI
TG) of the PNP Crime Laboratory. The IDVI TG shall immediately assess the forensic specialists needed
to be deployed at the crime scene and relay the requirements to the PNP Crime Laboratory
Headquarters.
d. The SOCO has motu proprio authority to direct all operating units involved in the police
operation to submit their respective personnel for forensic examination; their service firearms for ballistic
tests; and other pieces of evidence involved to expedite the investigation of the case.

22.5 Duties of the Territorial Police Unit


a. Provide assistance in the evacuation of the injured persons to the nearest hospital;
b. Provide area security;
c. Control the crowd at the crime scene;
d. Direct the flow of traffic away from the crime scene so as not to destroy and contaminate vital
evidence; and
e. Provide security back-up to the SOCO.

22.6 Policy Guidelines on Processing of Persons Present at the Crime Scene


These policy guidelines prescribe the operational procedures in processing and handling persons
present at the crime scene; be they the suspects, victims or witnesses. The aim is to clearly define police
courses of actions in dealing with persons who, for any reason and personal circumstance, are at the
crime scene during the conduct of police operation.
a. Crisis Management
As soon as the perpetrators surrender, or when they are captured or neutralized, the On-Scene
Commander shall ensure that the following are accomplished:
(1) Processing and Debriefing:
(a) Hostages/Victims;
(b) Perpetrators;
(c) Witnesses; and
(d) Key participants in the incident.
(2) Documentation
Sworn Statement of the following:
(a) Witnesses;
(b) Hostages;
(c) Perpetrators; and
(d) Key participants in the incidents.
(3) Venue of Processing, Debriefing and Documentation.
Considering the instability of the situation; the safety of the responders and persons found at the scene of
the crime; and the preservation of the place of incident, the venue of the processing, debriefing and
investigation shall be at a neutral and secured place.
b. Hostage Negotiation
The following procedure shall be followed during a Hostage Situation:
(1) Crisis Management Task Group shall be activated immediately;
(2) Incident scene shall be secured and isolated;
(4) Unauthorized persons shall not be allowed entry and exit to the incident scene; and
(5) Witnesses’ names, addresses, and other information shall be recorded. Witnesses shall be
directed to a safe location.
RULE 23. PROCEDURES IN THE INVESTIGATION OF HEINOUS AND SENSATIONAL CRIMES
The SITGs (Special Investigation Task Group) shall spearhead and coordinate the investigative
and prosecutorial efforts of the PNP to facilitate the speedy resolution and successful prosecution of
heinous/ sensational cases to include the conviction of the perpetrators.
23.1 Policies
a. Institutionalization of Command Responsibility at all levels of the organization shall be highly
observed. As such, the respective Commanders/Supervisors in whose areas of jurisdiction the
heinous/sensational crimes transpired are expected to personally and effectively manage their SITGs by
closely monitoring, supervising, directing, coordinating, and controlling the overall activities of their
subordinates. Hence, SITGs shall be created as follows:

Composition and Organization of SITG:


(1) Regional Level (To investigate killings and violence committed against Senators, Congressmen,
Governors, Cabinet Secretaries, Undersecretaries, and SC and CA Justices):
SITG Supervisor - Regional Director
SITG Comdr - DRDO
Asst Comdr - DD/PD or CD, CPO
Spokesperson - Regional PIO
Members - RCIDU
- Regional Intelligence Div
- Regional Legal Office
- Regional Crime Laboratory
- COP, CPS/MPS/Station Comdr
- RIDMD
- Investigator–on-Case
(2) PPO/District/CPO Level (Killings and violence committed against Vice Governors, Provincial
Board Members, Mayors, Vice Mayors, Judges, Prosecutors & IBP lawyers, militants, media practitioners,
foreign nationals)
SITG Supervisor - Deputy Regional Director for
Operations (DRDO)
SITG Comdr - DD, PD/PF, PPO/CD, CPO
Asst Comdr - PO/Field Officer, CIDT
Spokesperson - PIO (District/PPO/CPO)
Members - Provincial/City Legal Service
- Provincial/City Intelligence Section
- Provincial Crime Lab
- RIO
- PIDMB/CIDMB
- Investigator-on-Case
- Chief of Police
b. Whenever a heinous or sensational crime transpires, SITG shall be immediately organized and
be headed by the concerned District Director/Provincial Director/City Director or the Deputy Regional
Director for Operations depending on the gravity of the incident and/or upon order/discretion of the CPNP.
c. It shall be the responsibility of every established SITG to properly manage the assigned case
and ensure its resolution by applying the best investigative techniques/practices and utilizing all its
available resources.
d. CIDG shall assume the responsibility of pursuing the investigation when the case is not solved
within six (6) months and already classified as a cold case.
23.2 Organizational Procedures
a. Whenever a serious crime is committed, the concerned Chief of Police (COP) or Station
Commander shall immediately assess the situation and communicate to the DD/PD/CD the attendant
circumstances and its updates which will be the basis of the DD/PD/CD for recommending to the RD
whether or not there is a need to activate the SITG.
b. Concerned COP or Station Commander shall base his/ her assessment and recommendation
on the report of the first responders and his assigned investigator-on- case. The creation of a SITG is not
necessary for crimes that can be resolved at the said level. Otherwise,
a District/PPO/CPO level SITG shall be organized that will take cognizance of the investigation of
heinous and sensational cases initially investigated by the City/Municipal/District Police Stations.
c. The Regional Director (RD) shall issue orders organizing the District/PPO/CPO SITG,
indicating the ranks and names of its personnel complement. It shall be headed by the territorial
Chief/Commander/Head of Unit such as the District Director/Provincial Director/City Director:
(1) The SITG shall be composed of Investigation Team, Case Record Team,
Technical/Legal Support Team, Admin/Logistics Teams and Evidence Team;
(2) The Case Record Team shall be headed by an Officer from Investigation and
Detective Management Division/Branch /Section who shall be at the same time the Case Record
Officer and the Evidence and Record Custodian, responsible for the preservation of evidence;
(3) The Investigator-on-Case (IOC), who is part of the Investigation Team, shall gather
and prepare relevant documents for fi ling of appropriate case(s) in Court and serve as liaison
with other law enforcement agencies/government agencies, NGOs/NGAs, and other persons or
entities which could possibly help the SITG in the resolution of the case. The IOC shall also be
the Evidence Custodian, except for pieces of evidence which need to be submitted to Crime
Laboratory, the courts, and other technical agencies for technical Examination and analysis; and
(4) In cases where the designated Commander or members of the SITG cannot
effectively comply with the operational requirements, and/or has “perceived biases” of any kind,
the RD shall immediately reorganize the said SITG and designate other officers who are more
capable of accomplishing the job.
d. Upon the creation of a SITG, a “Case Investigation Plan” must be made to serve as operating
guidelines in the conduct of investigation of heinous and sensational cases. This will include the journal of
the case which pertains to the daily progress on what has been done and accomplished in the
investigation of the case, to include the minutes of case conferences and coordination with other
offices/units. This will also be the basis of funding the SITGs activities. (CIPLAN)
e. The CPNP may direct/task any operational support unit of the PNP to assist in the
investigation. Likewise, he may also order the reorganization of the SITG as he deems it necessary.
f. The SITG shall be deactivated upon the solution of the particular case being investigated.
g. Every SITG shall have six (6) months to resolve a case from the time it takes cognizance of the
said case.
23.3 Operational Procedures
The following are the operational procedures to be undertaken by the SITG pertaining to
investigations of all heinous/sensational crimes:
a. Investigation starts from the arrival of the First Responder on the ground who shall perform
important tasks as enumerated in Rule 22.1a;
b. Aside from the usual investigative procedures, the SITG shall immediately validate and confirm
the affiliations of the victims, issue press releases on a regular basis and establish an On-Scene
Command Post (OSCP) by putting up a tent or similar structures or deploying a Mobile Investigation Van
(if available) at/or near the crime scene. The SITG Commander or his deputy who is also a member of the
SITG must be present/ available in the OSCP at all times;
c. The OSCP shall be maintained for as long as necessary and shall only be deactivated or
transferred with the clearance and approval of the Regional Director;
d. The OSCP shall be utilized by the SITG to conduct on-scene or on-the-ground investigation.
The tent or van of the OSCP shall be marked appropriately as “PNP On-Scene Command Post” and shall
also be posted with the mobile Phone or contact numbers of the SITG Commander, Assistant
Commander and the Investigator-On-Case;
e. The Police Station which has jurisdiction over the area shall be utilized as alternate OSCP of
the SITG;
f. Follow-up actions and efforts must be undertaken to:
(1) Give special focus to ascertaining/establishing motive;
(2) Effectively conduct profiting of victims, suspects and witnesses;
(3) Proficiently link/matrix analysis and exploit evidence information; and
(4) Hold paramount the convenience of witnesses when extracting their Statement or
affidavit.
g. The SITG Commander supported by the Investigation Team, Technical Teams, and Case
Record Officer shall prepare the CIPLAN and take notice, prepare, and observe the following:
(1) The Investigation Management System which consists of evidence matrix, resource
spread sheet, standard tactical plan, and major investigation plan;
(2) The CIPLAN must be prepared and shall be in the following format (Six Point Plan);
Situation, Mission, Execution, Contingency, Administration and Logistics, Command, and
Communication (SMECAC);
(3) Prepare the Crime Scene Matrix Template which is necessary in the conduct of crime
analysis. It can come in tandem with the evidence and resource matrix of the investigation plan;
(4) Surveillance must also be done to assess and make decisions on competencies
needed and allocation of resources;
(5) Strengthen the coordinative mechanism in order to:
(a) Strictly observe the chain of custody of evidence and flow of communications;
and
(b) Develop and resolve the issues under investigation through case
conference/s with DOJ and other concerned agencies.
(6) Initiate build-up and follow-up investigation;
(7) Consolidate all the forensic results, testimonial documents and investigation reports
as well as the compliances of the members of SITG;
(8) Initiate the crime matrix analysis in coordination with all members of SITG;
(9) Initiate the preparation of the case folder with the assistance of other members of
SITG;
(10) File or refer the case to the Department of Justice (DOJ);
(11) Conduct case reviews (internal/external) to be done by senior investigators or
detectives. It can be seen as a form of risk management that seeks to apply the principle of
system audit to reduce recurrence of typical errors. Case reviews shall be in the form of:
(a) Informal “Golden Hour” Review (at the early stage of the investigation);
(b) Self Inspection (Self-Completion of a short pro forma to provide prompt
actions and highlight emerging problems);
(c) 28-Day Progress Review (assure quality and assist investigators identify
investigative opportunities to advance the inquiry);
(d) Concluding Reviews (provide overview), Case Development Reviews (Cold
Case Review);
(e) Detective Case Review (review of their sample solve cases and learn best
practices); and
(f) Thematic Review (focus upon specific issue);
(12) All case folders including pertinent documents must be kept by the case record
officers, with copies furnished to the evidence custodian of the local police station;
(13) In case the investigator-on-case is dismissed or retired or separated from the
service, all remaining members of the investigation team shall be responsible for the court
presentation of the case; and
(14) Conduct case tracking until the final disposition of the case.
h. The extension of the SITG can be considered based on the manifestation of the Regional
Director to TDIDM as a result of his/her evaluation that the case could be resolved in a certain period of
time, but in no case shall this exceed a one (1) month period;
i. If the case has been solved, the SITG shall be deactivated immediately. The SITG Commander
shall inform TDIDM (Attn: C, CMD) regarding its deactivation;
j. Once the warrant of arrest has been issued, the RIDMD concern shall monitor the Unit
Commander concerned to serve the warrant. Further, the RIDMD shall monitor the Unit Commander
handling the case to ensure the attendance of prosecution witnesses when directed by the Court or
Prosecutor;
k. The RIDMD shall make a monthly progress report on all SITG cases fi led in Court or
Prosecutor’s office to TDIDM;
l. If the SITG fails to resolve the case within six (6) months or after the extension, the case will be
considered a “cold case”. Hence, the SITG shall be deactivated under obligation to ensure that all
documents, pieces of evidence and any other related materials are accounted and secured;
m. All the records of cold cases and cleared cases including the pieces of evidence gathered
shall be officially turned over to the Regional Criminal Investigation and Detection Unit (RCIDU), CIDG in
the respective PROs for the continuation of the investigation. Likewise, chain of custody of evidence must
be strictly observed;
n. CIDG must submit to TDIDM, a modified CIPLAN or new CIPLAN in the conduct of follow-up
investigations on all cases that were turned over to them.
o. Progress report on all “cold cases” that were turned over to CIDG shall be submitted to RIDMD
(copy furnished CMD, DIDM). The latter shall monitor and periodically evaluate the case being
investigated by CIDG and make appropriate assessment for its final disposition.
p. Strengthen the coordinative mechanism in order to:
(1) Strictly observe the chain of custody of evidence and flow of communications; and
(2) Develop and resolve the issues under investigation through case conference with
DOJ and other concerned agencies.
q. Initiate case build-up and follow-up investigation;
r. All the case folders including pertinent documents must be kept by the case record officers,
with copies furnished the evidence custodian of the local police station;
s. In case the investigator in-charge is dismissed or retired or separated from the service, all
remaining members of the investigation team shall be responsible for the court presentation of the case;
t. Conduct case tracking until the final disposition of the case;
u. All concerned PNP units are enjoined to exert extra efforts in order to identify, locate or cause
the identification and arrest of the culprit(s):
(1) They shall immediately organize a dedicated TRACKER TEAM to pursue a particular
target personality/suspect;
(2) They shall enhance information gathering and intelligence build-up for the
identification and apprehension of the suspects;
(3) They shall work in close coordination with the NBI, DOJ and all other law enforcement
agencies, as necessary. The SITG must therefore closely coordinate with their respective local
prosecutors and ensure that a prosecutor is included as a member of the Technical/Legal
Support team; and
(4) They shall prepare posters of wanted personalities especially those covered with
rewards. Rogue galleries at the city and municipal levels shall also be prepared for this purpose;
(5) While the tasked units shall operate on existing logistical and financial allocations,
Regional Directors shall also provide logistical and financial support to SITG.

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