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Fundamentals 3

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Fundamentals 3

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© © All Rights Reserved
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FUNDAMENTALS OF

CRIMINAL INVESTIGATION
AND INTELLIGENCE

PMAJ MARISSA S ARELLANO


GENERAL PRINCIPLES OF INVESTIGATION

A. DEFINITION OF INVESTIGATION
- is the collection of facts to accomplish a three-fold aim:
1. to identify the suspect;
2. to locate the suspect;
3. to provide evidence of his guilt.
- In the performance of the investigator’s duties, he must seek to establish the six (6) Cardinal Points of
Investigation, namely:
1. WHAT specific offense has been committed?
2. HOW the offense was committed?
3. WHO committed it?
4. WHERE the offense was committed?
5. WHEN it was committed?
6. WHY it was committed?
B. PROCEDURES IN INVESTIGATION

PROTOCOL 1: Jurisdictional Investigation by the Territorial Unit Concerned


The Police Station, which has territorial jurisdiction of the area where the crime incident was
committed, shall immediately undertake the necessary investigation and processing of the crime
scene, unless otherwise directed by higher authorities for a certain case to be investigated by other
units/agency.

PROTOCOL 2: Official Police Blotter


A police blotter is an 18” x 12” logbook with hard-bound cover that contains the daily register of all
crime incident reports, official summary of arrests and other significant events reported in a police
station.
1. As a general rule, all crime incidents must be recorded in the official police blotter.
2. A separate police blotter, however, shall be maintained for offenses requiring confidentiality like
violence against women and children and those cases involving a child in conflict with the law to
protect their privacy pursuant to RA 9262 (Anti-Violence Against Women and Children Act of 2004) and
3. The duty police officer shall record the nature of the incident in the police blotter
containing the 5 W’s and one H of the information and inform his superior officer or the duty officer
regarding the occurrence of such incident.
PROTOCOL 3: Investigation Team: Organization and Equipment

a. All investigators in any police unit must be a graduate of prescribed investigation course with a
rank of at least Police Corporal (pre-requisite to assignment).

b. Composition:
1. Team Leader
2. Investigator/Recorder
3. Photographer
4. Evidence Custodian
5. Composite Illustrator / Artist
c. Equipment of the Investigator:

1. Police line 8. Fingerprint kit


2. Video camera 9. Evidence bag
3. Voice recorder 10. Evidence tag
4. Camera 11. Evidence bottles / vials
5. Measuring device 12. Investigator’s tickler (contains the following:)
6. Gloves a. Investigator’s checklist
7. Flashlight b. Anatomical diagram form
c. Evidence checklist
d. Turn-over receipt
PROTOCOL 4: Duties of the First Responder

1. Proceed to the crime scene to validate the information received.


2. Record the exact time of arrival and all pertinent data regarding the incident in his pocket
notebook and notify the Station Tactical Operation Center (STOC).
3. Cordon off the area and secure the crime scene with a police line or whatever available
material like ropes, straws or human as barricades to preserve its integrity.
4. Check whether the situation still poses imminent danger and call for back-up if necessary.
5. Identify possible witnesses and conduct preliminary interview and ensure their availability for the
incoming investigator-on-case.
6. Arrest the suspect/s if around or in instances wherein the suspect/s is fleeing, make appropriate
notification for dragnet operation.
7. Prepare to take the “Dying Declaration” of severely injured persons with the following
requisites:
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 wherein the declarant’s death is the subject of
the inquiry.
8. Evacuate the wounded to the nearest hospital using emergency services;
9. Account for the killed, wounded and arrested persons for proper disposition;
10. Conduct initial investigation;
11. Brief the investigator-on-case upon arrival and turn-over the crime scene.
12. Conduct inventory on the evidence taken at the crime scene; Inventory receipt should be
properly signed by the first responder, SOCO and the investigator.
PROTOCOL 5: Duties and Responsibilities of the Investigating Team

1. Take full control of the crime scene to include the conduct of crime scene search; taking of
photographs; making sketches; lifting of fingerprints; markings of physical evidence; Chain of
custody – the transmittal of evidence to crime laboratory; interview of witnesses; gathering and
evaluation of evidence; follow-up of the case and the documentation and filing of appropriate
charges in court.
2. Establish a Command Post in the immediate vicinity of the crime scene;
3. Designate a holding area in the immediate vicinity of the crime scene for the media, VIPs and
other personalities present.
4. Conduct case conference with the first responder, SOCO, other law enforcers and rescue
personnel.
5. Note any secondary crime scene (if situation requires); and
6. Release the crime scene after investigation.
PROTOCOL 6: Investigation of suspects

1. Procedures when arrest is made:


a. Secure the person arrested (handcuff at the back);
b. Inform the arrested person on the cause of his arrest and his rights as provided for in
the Constitution;
c. Conduct thorough search for weapons and other illegal materials against the suspect/s;
d. Use reasonable force in making arrest;
e. Confiscated evidence shall be properly documented and marked;
f. Bring the arrested person to the Police Station for investigation.
2. Booking procedures of the Arrested Person / Suspect:
a. The arrested suspect shall be fingerprinted, photographed and subjected to medical
examination to include liquor and drug tests.
PROTOCOL 7: Taking of Sworn Statements of Suspects
The execution of a suspect’s “WAIVER” as stipulated in Art 125 of the RPC shall
always be done in the presence of his chosen counsel or any independent counsel.

PROTOCOL 8: Taking of Sworn Statement/s of the Witnesses


1. Sworn statement or Affidavit of complainants and witnesses must be taken
immediately by the investigator-on-case.
2. Affidavit of arrest of arresting officers must also be taken immediately.
3. In inquest cases, the investigator-on-case and the arresting officers shall
observe Art 125 of the RPC.
• Why is Article 125 very important?
Article 125 provides penalties against the public officer or employee who
shall delay in the delivery of detained persons to the proper judicial
authorities within the period of: 12 hours, 18 hours, or 36 hours, depending on the gravity
of the offense.

PROTOCOL 9: Preparation of Reports and Filing of Charges


The investigator-on-case shall submit the following:
1. Sketchy Report within 1 hour to immediate superior and the Chief of Police;
2. Spot Report within 3 hours to Higher Headquarters;
3. After Operation Report;
4. Progress Report;
5. Final Investigation Report.
PROTOCOL 10: Procedure in the Release of the Crime Scene
1. Ensure that appropriate inventory has been made;
2. Release is accomplished only after the completion of the final survey and proper
documentation of evidence, witnesses, victims and suspects; and
3. If the crime scene is within a private property, the same must be released to the lawful
owner witnessed by any barangay official. In case of government facility, it should be
released to the administrator.

PROTOCOL 11: Follow-Up of Case


The investigator shall conduct police operation to identify and apprehend suspects
based on the results of the initial investigation conducted.
PROTOCOL 12: Preparation of Case Investigation Plan (CIPLAN)
The conduct of police operation involving sensational cases, high profile and heinous crimes must be covered
by a Case Investigation Plan to serve as a guide and to record the conduct of investigation. 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.

Heinous / Violent crimes — refer to crimes directed against politicians, elected government officials, government
officials appointed by the President, judges, prosecutors, IBP lawyers, media practitioners, militant party list
members/leftist activists, foreign nationals, and other persons through shooting, bombing, strafing, assault, and
other violent overt acts resulting in their death or incapacitation.

Sensational Crimes — refer to crimes directed against politicians, elected government officials, government
officials appointed by the President, judges, prosecutors, IBP lawyers, media practitioners, militant party list
members/leftist activists, foreign nationals, and other persons through shooting, bombing, strafing, assault, and
other violent overt acts resulting in their death or incapacitation that attract national/international public
attention/scrutiny.

SITG - refers to the Special Investigation Task Group created whenever a major case or crimes of violence occur. It
shall be organized either at the regional or provincial/city police offices, or at the highly-urbanized cities depending
PROTOCOL 13: Attendance to Court Duties

The investigator-on-case and arresting officers shall endeavor to ensure their


attendance during court hearings while COPs/ Heads of Units shall supervise and ensure
the attendance of witnesses.

PROTOCOL 14: Uniform of the Investigator

Prescribed uniform should be worn by Investigators when conducting investigation


so as to identify them as PNP personnel.

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