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Special Crime Investigation

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Prof. Doreen Mae S.

Castillo, RCrim

Specialized Crime Scene Investigation on


Simulation with Interrogation and Interview
Definition of Criminal Investigation
The term “Investigation” came from the latin word “Vestigium” which means
“Footprints or Tracks” joined with the prefix -in the noun vestigium gave rise to the verb
Investigare, this word means both “To track or trace by footprints and “to study or
examine closely”. Only the second meaning was kept when the verb was borrowed into
English as investigate.
It is the act or process of examining a crime, problem, statement, etc. carefully
especially to discover the truth.
1. Criminal investigation – refers to the art and science of collecting, processing
and analyzing information and facts associated with and for the purpose of the
following:
a. To identify the offender/s;
b. To locate the offender/s; and
c. To provide evidence that determine his guilt.
One of the Golden Rule is “Do not touch or move any object” what should then be
the primary job of an investigator before applying this rule?
 If the victim is still alive, try to gather information from the victim while calling
for assistance of an ambulance. Then measure, sketch and photograph the
crime scene immediately after the victim is removed and brought to the
hospital.
 If the victim is dead, the body should be removed only after the crime scene is
measured, sketched and photographed.
Arrest, Search and Seizure
The primary duties of a crime scene investigator are that of search and seizure.
This is one area that affects evidence. If you do it wrong, the evidence may be
suppressed which may lead to you being sued civilly.
As crime scene investigators, a large part of your scene duties includes
searching and seizing items of evidence, it may not be your responsibility as the
criminal scene investigator to secure the legal means know where you legally stand
when actually processing the scene. If you process a crime scene on a search warrant
and are unaware of what you are directed to take, you risk taking a chance on evidence
being suppressed.

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Prof. Doreen Mae S. Castillo, RCrim

The term “Arrest” came from the latin word “Arrestare” which means “cause to
Stop” and Restare which means “stay behind”. These terms were used as early as
during the 19th century.
On the other hand, the word Search was derived from the Anglo-Norman word
“Searcher” Old French “Cershier” which means “to explore” latin word “ circare” which
means “ go around in circles”
R.A 7438
An act defining certain rights of person arrested, detained or under custodial
investigation as well as the duties of the arresting, detaining, and investigation officers
and providing penalties for violation thereof.
1. Right to be informed of these rights.
2. Right to remain silent.
3. Right to counsel.
4. Right to waive these rights in writing and in the presence of counsel.
Search
Is an action by the government that intrudes upon a person’s reasonable
expectations of privacy.
Seizure
This is no seizure unless person is physically restrained or they submit to a lawful
show of authority. A subject was not seized while being chased by police, and thus the
issue of whether there was reasonable suspicion justifying the police action was
irrelevant. There is seizure unless there is some physical restraint of submission to
lawful show of authority (California V. Hodari D.)
Scope of search
The scope of search may not exceed the consent given the scope of permissible
consent search is governed by the scope of consent. Which is measured by what a
reasonable person would understand the person giving consent to be allowing. Consent
to search the entire inside of the vehicle was also deemed consent to open a paper bag
on the floor board :
Legal means to process a Scene
 Consent
 Search Waiver
 Search Incident to arrest
 Exigent circumstances
 Search warrant
 Court Order

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Prof. Doreen Mae S. Castillo, RCrim

 Exceptions to the warrant requirements


Consent
A person may give verbal permission to process their home, business, or vehicle
for evidence. This is the simplest form of legal authority to search a crime scene. The
state, however has the burden of proof to show that the consent was voluntary and not
the product of coercion. The consent given is judged on the totality of the
circumstances.
Search Waiver
This is next up from verbal consent. It is a written consent to search premises or
vehicles. This is essentially the written form of verbal consent. The information
discussed in verbal consent also applies to a search waiver who has authority
(standing) to sign a search waiver based on the same grounds as the person who can
grant verbal consent.
Search waiver/ Verbal Consent
The search is based on verbal consent or a signed search waiver, the person
granting the consent may at anytime withdraw that consent to the search of the
premises or vehicles.
Search Incident to Arrest
A Search or seizure without a warrant an incident to a lawful arrest has always
been considered to be strictly necessities of the situation at the time of the arrest.but,
there must be something more in the way necessity than merely a lawful arrest the court
reversed its previous ruling, holding that the officer’s opportunity to obtain warrant was
not relevant to the reasonableness of search that any area within the immediate control
od the arrestee could be search. the decision, however did not define the term
“immediate control” or see rule 113 sec. 5 of revise rules of court.
Search Warrant
Is a court issued by a judge that authorize law enforcement to conduct search of
a person or location for evidence of a criminal offense and seize such items, the warrant
must particularly describe the persons places, the things to be searched and/ or seized.
The search warrant to describe particularly the things to be seized, so that nothing is left
to the discretion of the officers in general, a search warrant is sufficiently specific.
Warrant of Arrest
Arrest warrant an order writing issued in the name of the people of the
Philippines, signed by a judge and directed to be a peace officer, commanding him to
take a person into custody in order that he maybe bound to answer for the commission
of an offense.

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Prof. Doreen Mae S. Castillo, RCrim

Even if not served within 10 days from issuance. It remains valid until:
1. Recalled by the issuing court
2. Culprit was arrested
3. Culprit voluntarily surrendered
4. Culprit was died
Warrant of Arrest
In general rule: no person shall be arrested without a valid warrant of arrest
issued by a competent court.
Exceptions (warrantless arrest)
1. Arrest in flagrante delicto
2. Arrest in hot pursuit
3. Arrest of escape prisoner/ detainee
4. Arrest by a bailor against the bailee who jumps jail.
5. Arrest of an undesirable alien as ordered by the president or the commissioner of
BID.
Exempted from Arrest
1. Members of the Congress – who committed a crime a penalty of 6 years
imprisonment or lesser.
2. Foreign Sovereign officials – head of the state, ambassadors, public minister,
charge d affaires.
Note: Violation of Parliamentary Immunity – a crime committed by peace officers who
arrest members of congress who are immune from arrest.
Method of Arrest by officer without warrant
 The officer shall inform the person to be arrested of his authority and the cause
of the arrest
 UNLESS, the person to be arrested is then (1) engaged in the commission of
crime or is (2) pursued immediately after its commission or after an escape, or
(3) flees or forcibly resists before an officer has opportunity to inform him, or (4)
when the giving of such information will imperil the arrest.
Method of Arrest by a private individual
 The officer shall inform the person to be arrested of his authority and the cause
of the arrest
 UNLESS, the person to be arrested is then (1) engaged in the commission of
crime or is (2) pursued immediately after its commission or after an escape, or
(3) flees or forcibly resists before an officer has opportunity to inform him, or (4)
when the giving of such information will imperil the arrest.

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Prof. Doreen Mae S. Castillo, RCrim

Rights of the Accused


1. Right to be presumed innocent.
2. Right to be informed of the nature and cause of the accusation against him.
3. Right to defense himself or by counsel.
4. Right to testify in his own behalf.
5. Right a in against self- incrimination.
6. Right to confrontation and cross examination of witnesses against him in trial.
7. Right to compulsory processes.
8. Right to impartial and public trail.
9. Right to appeal in all cases allowed and in the manner prescribed by law.
Evidence – is the means, sanctioned by the rules of court, or ascertaining in a judicial
proceeding, the truth respecting a matter of fact.
Proof – the result of evidence.
Burden of proof – lies on the prosecution.
Evidence is admissible when it is
 Relevant to the issue; and is
 Not excluded by the law or rules.
Classification of Evidence
1. Object evidence – directly addressed to the senses of the court, referred to as
real evidence or evidence by “Autoptic Preference”
2. Documentary Evidence – Consist of writing or any material containing modes of
written expression (i.e words, numbers, figures, symbols) offered as proof of their
contents.
3. Testimonial Evidence – submitted to the court through the testimony or
deposition of a witness.
Other Classifications of Evidence
1. Direct – proves the fact in dispute without aid of any inference presumption.
2. Circumstantial – Proof of fact/s from which taken singly collectively, the
existence of the particular fact in dispute may be inferred as a necessary/
probable consequence. It is evidence of relevant collateral facts.
3. Cumulative – Evidence of the same kind and to the same state of facts.
4. Corroborative – additional evidence of a different character to the same point.
5. Prima Facie – that which, standing alone is sufficient to maintain the proposition
affirmed.
6. Conclusive – that class of evidence which the law does not allow to be
contradicted.
7. Primary – (Best Evidence) the law regards these as affording the greatest
certainly of the fact in question.
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Prof. Doreen Mae S. Castillo, RCrim

8. Secondary – (Substitutionary Evidence) Permitted by law only when the best


evidence is unavailable.
9. Positive – when a witness affirms that a fact did not occur (there is personal
Knowledge).
10. Negative – when the witness states that he did not see or know the occurrence
of a fact.
11. Relevant Evidence – offered piece of evidence has probative values as to the
fact in issue.
12. Competent – are evidence not excluded by law.
13. Material evidence – the offered evidential fact is directed to prove a fact in
issue.
Special Crime Investigation deals with the study of major crimes based on the
application of special investigative technique. The study concentrates more on physical
evidence, its collection, handling, identification and preservation in coordination with the
crime laboratory. Special Crime Investigation involves a close relationship between the
prober in the field and the crime laboratory technician. They work together as a team,
reacting to and extending one another’s theories and findings both working patiently and
thoroughly to solve a crime from their investigative discoveries. The tern special crime
investigation suggests that the crimes committed are getting much public attention that
handling them requires special knowledge and skills. The present criminal justice
system in our country, the court relies more on physical evidence rather than extra-
judicial confession.

Criminal Investigation is an art which deals with the identity and location of the
offender and provides evidence of guilt in criminal proceedings. Criminal Investigation is
a logical process of collection and analysis of facts about persons, things and places
relative to a crime.

TOOLS OF CRIMINAL INVESTIGATORS

1. Information - Data gathered by an investigator from other persons including


the victim himself and from public records; Private records; and Modus Operandi file. It
is the key tool of investigation since it provides answers to the 5 W‟s and 1 H, otherwise
known as the cardinal points of investigation and is vital in planning the operation of
investigators. The cardinal points are used to uncover as many facts as possible

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Prof. Doreen Mae S. Castillo, RCrim

regarding a crime or incident. It is useful in establishing patterns, leads, tips and


theories concerning a crime under investigation.

2. Interviews/Interrogation - The skilful questioning of witnesses and suspects.


These are a means by which an investigator can both obtain and impart information.
Many witnesses fear the consequences of providing information. They, therefore, need
to be confident that the investigator will deal with the information they provide
appropriately. If the investigator establishes trust with the interviewee beforehand, they
are more likely to give a full and accurate account. Witnesses have a right to expect that
they will be listened to and will receive fair treatment. It is the information provided by
witnesses and victims that enables a suspect’s version of events to be validated or
challenged.

3. Instrumentation - Scientific examination of real evidence, application of


instrument and methods of the physical sciences in detecting crime. The so-called
„tools‟ are not the only things which a detective needs to become competent in his
profession. The “trichotomy” of criminal investigation requires that a person must
undergo proper training and acquire the right techniques of investigation. Moreover, the
best tool in fighting crimes is not a physical weapon or a piece of information but a
competent investigator – one who has the right personality.

Lesson 3. Characteristics of a competent investigator:

1. Positively motivated (inspired)

2. Physically fit

3. Psychologically and emotionally stable

4. Intelligent - discreet, smart and intuitive

5. Team-player (has a good sense of teamwork)

6. Persistent and reliable

7. Dedicated to his profession

8. A person with integrity (objective in performing his tasks)

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Prof. Doreen Mae S. Castillo, RCrim

9. A „man of faith‟

INTELLECTUAL CHARACTERISTICS

1. A criminal investigator must be capable of absorbing and retaining information


whether it concerns basic, technical or legal subject.

2. He must be able to apply technical and legal theories in his daily work.

3. He must be capable of practicing objectivity, logic and common sense in decision-


making. This is more desirable than exceptional intelligence.

4. He must be versatile enough to adopt with any situation. During training and while
already in the field, he must develop knowledge and skill in investigative techniques.

5. He must never stop learning or tell himself that he has learned enough knowledge in
his profession. He must continue enhancing his knowledge through academic activities,
field training, personal experience, and street-learning (on-the-job experience).

PSYCHOLOGICAL CHARACTERISTICS

A criminal investigator must be:


1. emotionally balanced
2. detached
3. inquisitive
4. suspecting
5. discerning
6. self-discipline
7. preserving
Phases Of Criminal Investigation
Phase 1: Initial stage – a.k.a Preliminary Phase. The primary objective is to identify the
perpetrator/s. This is usually performed by the
a. Police Desk Officer
b. Police officer who received a call/report/complaint

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c. First responder at the crime scene the focus of preliminary investigation is the crime
scene.
Actions to be completed during phase 1:
1. Establish that a crime was committed and what specific crime took place.
2. Arrest suspects/perpetrators if identified immediately or found at the crime scene
(CS).
3. Protect the crime scene and the evidences found therein.
4. Call for back-up and request for flash report related to the incident under
investigation.
5. Identify/locate victims and witnesses then conduct brief interview to establish what
happened.
6. Secure/gather info about identity of suspect/s, get-away vehicle/s if any, and
direction of flight.
7. Conduct CSI.
8. Accomplish the initial investigation report and its attachments.
PHASE 2: FOLLOW-UP STAGE a.k.a Continuing or In-depth investigation the follow-
up phase builds on what was learned during the preliminary investigation. This phase
can be conducted by the officers who responded to the original call or, most often, by
detectives or investigators, depending on the seriousness and complexity of the crime
and the size of the department. If investigators take over a case begun by the patrol
officers, coordination is essential. Investigative leads that may need to be pursued
include checking the victim’s background; talking to informants; determining who would
benefit from the crime and who had sufficient knowledge to plan the crime; tracing
weapons and stolen properties; and searching MO, mug shot and fingerprint files.
Actions necessary by the investigator:
1. Follow-up investigative leads
2. Conduct extensive interview
3. Conduct custodial investigation or interrogation
4. Reconstruct the crime
5. Search and collect additional or corroborative evidences
6. Preserve the legal integrity of evidences while maintaining chain of custody
7. Conduct surveillance if necessary
8. Analyze/evaluate the legal significance of collected information and evidences
9. Accomplish follow-up investigation reports.

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Prof. Doreen Mae S. Castillo, RCrim

PHASE 3: CONCLUDING STAGE a.k.a Final Investigation.


Actions that must be taken by the investigator:
1. Review the suspect’s arrest to ascertain its legality
2. Evaluate the suspect’s statement to determine its validity and admissibility
3. Check/review the manner in which evidences were obtained or developed
4. Test their admissibility if presented to the court
5. Furnish or compile all necessary records, reports, and documents of the case
6. Prepare court exhibits
7. Accomplish the final investigation report
8. Present collected evidences to the prosecutor including investigation reports
9. Assist in the presentation and prosecution of criminal in the trial court.
Protocols Of Police Investigation
For the first officers who responds to a criminal incident, the acronym P-R-E-L-I-M-I-N-
A-R-Y provides a basic guide in dealing with the crime scene. What is the meaning of
P-R-E-L-I-M-I-N-A-R-Y as a protocol for FR? What is the meaning of A-D-A-P-T as a
guide for FR?
A = Assess the crime scene
D = Detain witnesses
A = Arrest the suspects
P = Protect the crime scene
T = Take down notes
The PNP, being the primary national law enforcement agency in the country has
established protocols in investigating crimes. These protocols affirm the fact that
criminal investigation is a process. When PNP personnel investigate a criminal incident,
they must observe due process of law – there are SOP or protocols that must be
followed.
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

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a. 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.
b. As a general rule, all crime incidents must be recorded in the official police blotter.
c. 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 R.A. 9262 (Anti- Violence
Against Women and Children Act of 2004) and R.A. 9344 (Juvenile Justice and Welfare
Act of 2006).
d. The duty police officer shall record the nature of the incident in the police blotter
containing the five “W”s (who, what, where, when and why) and one “H” (how) of the
information and inform his superior officer or the duty officer regarding the occurrence of
such incident.
e. In answering the above 5 W‟s and 1 H and the Case Disposition, all such material
details about the incident, including the nature of the action or offense; the Date, Time,
and Place of Occurrence; the names of the suspect/s, the victim/s, the witness/es, if
any; facts of the case; significant circumstances that aggravate or mitigate the event or
the crime should be entered along with the identity of the officer to whom the case is
assigned (Officer-on-case); and, the status of the case.
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 PO2 (pre-requisite to assignment).
b. Composition:
1. Team Leader;
2. Investigator/recorder;
3. Photographer;
4. Evidence custodian; and
5. Composite Illustrator/Artist
c. Equipment of the investigator:
1. Police line;
2. Video camera;
3. Voice recorder;
4. Camera;
5. Measuring device;
6. Gloves;

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Prof. Doreen Mae S. Castillo, RCrim

7. Flashlight;
8. Fingerprint kit;
9. Evidence bag;
10. Evidence tag;
11. Evidence bottles/vials;
12. Investigator’s tickler contains the following:
a) Investigator’s checklist
b) Anatomical diagram form
c) Evidence checklist
d) Turn-over receipt Protocol
4: Duties of the First Responder
a. Proceed to the crime scene to validate the information received;
b. Record the exact time of arrival and all pertinent data regarding the incident in
his issued pocket notebook and notify the TOC;
c. Cordon off the area and secure the crime scene with a police line or whatever
available material like ropes, straws or human as barricade to preserve its integrity;
d. Check whether the situation still poses imminent danger and call for back up if
necessary;
e. Identify possible witnesses and conduct preliminary interview and ensure their
availability for the incoming investigator-on-case;
f. Arrest the suspect/s if around or in instances wherein the suspect/s is fleeing,
make appropriate notification for dragnet operations;
g. Prepare to take the “Dying Declaration” of severely injured persons with the
following requisites:
1. That death is imminent and the declarant is conscious of that fact;
2. That the declaration refers to the cause and surrounding circumstances of such
death;
3. That the declaration relates to facts which the victim is competent to testify to; and
4. That the declaration is offered in a case wherein the declarant’s death is the subject
of the inquiry. (Section 37, Rule 130 of the Rules of Court).

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Prof. Doreen Mae S. Castillo, RCrim

h. Evacuate the wounded to the nearest hospital using emergency services;


i. Account for the killed, wounded and arrested persons for proper disposition;
j. Conduct initial investigation; and k. Brief the investigator-on-case upon arrival
and turn over the crime receipt should be properly signed by the first responder, SOCO
and the investigator.
Protocol 5: Duties and responsibilities of the Investigating Team
a. 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.
b. Establish a command post in the immediate vicinity of the crime scene;
c. Designate a holding area in the immediate vicinity of the crime scene (for the
media, VIP‟s and other personalities present);
d. Conduct case conference with the first responder, SOCO, other law enforcers
and rescue personnel;
e. Note any secondary crime scene (if situation requires); and
f. Release the crime scene after investigation.
Protocol 6: Investigation of Suspects
a. Procedures when arrest is made
1. Secure the person arrested (handcuff at the back);
2. Inform the arrested person on the cause of his arrest and his rights as
provided for in the Constitution;
3. Conduct thorough search for weapons and other illegal materials against the
suspect/s;
4. Use reasonable force in making arrest;
5. Confiscated evidence shall be properly documented and marked;
6. Bring the arrested person to the Police Station for investigation.
b. Booking procedures of the Arrested Person/Suspect
1. The arrested suspect shall be fingerprinted, photographed and subjected to
medical examination to include liquor and drug tests.

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2. Conduct record check.


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
a. Sworn Statement or Affidavit of complainant/s and witness/es must be taken
immediately by the investigator-on-case.
b. Affidavit of Arrest of arresting officers must be taken immediately not later than 24
hours.
c. In Inquest cases, the investigator-on-case and the arresting officer/s shall observe
Art. 125 of the RPC.
Protocol 9: Preparation of Reports and Filing of Charges. The Investigator-On-
Case shall submit the following:
a. Spot Report within 24 hrs. to HHQ;
b. Progress Report;
c. After Operation Report;
d. Final Report after the case is filed before the prosecutor’s office/court; and e.
Accomplishment Report.
Protocol 10: Procedure in the Release of Crime Scene
a. Ensure that appropriate inventory has been made;
b. Release is accomplished only after completion of the final survey and proper
documentation of evidence, witness/es, victim/s and suspect/s; and
c. 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 suspect/s 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 Case Investigation Plan.

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Prof. Doreen Mae S. Castillo, RCrim

Protocol 13: Attendance to Court Duties The investigator-on-case and arresting


officers shall endeavour to ensure their attendance during court hearings while
COPs/Heads of Units shall supervise and ensure the attendance of witness/es.
Protocol 14: Uniform of the Investigator Prescribed uniform should be worn by
investigators when conducting investigation so as to identify them as PNP personnel.
General Investigative Procedures
PNP established procedures in –
1. Receiving walk-in complainants (or receiving callers) Duty Desk Officer shall:
a. Record the time it was reported;
b. Get the identity of the caller/complainant;
c. Get the place of the incident;
d. Get the nature of the incident;
e. Get the number of victim/s;
f. Record a brief synopsis of the incident;
g. Direct the nearest mobile car/beat patrollers or the nearest police precinct to
act as first responder equipped with “police line” to secure the place of incident a
camera; and
h. Inform the duty investigator (preferably one team of investigators).
2. At the crime scene. The First Responder shall perform his/her duty as stated in
Chapter I, Protocol 4.
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
(like rope, straw and etc).
A. If in serious condition
1. Bring the victim immediately to the nearest hospital using emergency services;
2. Photograph and make a sketch of the victim (if the victim is dead);
3. Get the dying declaration; if necessary (ask 3 questions)
a) Ano ang pangalan at address mo?
b) Kilala mo ba ang gumawa nito sa iyo?
c) Sa pakiramdam mo ba ay ikamamatay mo ang tinamo mong sugat?
However, if there is still a chance to ask more questions, then follow-up should be done.
The statement, once reduced into writing, shall be duly signed by or with thumb mark of
the victim.

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Prof. Doreen Mae S. Castillo, RCrim

B. If not in serious condition


1. Bring the victim immediately to the nearest hospital using emergency services;
2. Get the identity and other data of the victim;
3. Get initial interview from the victim Note: The other member/s of the first
responders shall remain at the crime scene to secure the premises.
c. If the suspect is arrested at the scene
1. Get the names of the persons who turned-over or arrested the suspect.
2. Isolate the arrested suspect/s and separate them from any probable witness of
the incident.
3. Record what time the suspect was arrested.
4. Wait for the investigator to interview the suspect.
5. If the suspect volunteers any statement, take note of the time, location and
circumstances of the statements.
Investigation Procedure at the crime scene
A. Upon arrival at the crime scene
1. Receive the crime scene from the first responder.
2. Record time/date of arrival at the crime scene, location of the scene, condition
of the weather, condition and type of lighting, direction of wind and visibility.
3. Photograph and/or video the entire crime scene.
4. Before entering the crime scene, all investigators must put on surgical gloves.
5. Before touching or moving any object at the crime scene in a homicide or
murder case, determine first the status of the victim, whether he is still alive or already
dead. If the victim is alive, the investigator should exert effort to gather information from
the victim himself regarding the circumstances of the crime, while a member of the team
or someone must call an ambulance from the nearest hospital. Before removing the
victim, mark, sketch and photograph his/her relative position. Only a coroner or a
medical examiner shall remove the dead body unless unusual circumstances justify its
immediate removal.
6. Designate a member of the team or ask other policemen or responsible
persons to stand watch and secure the scene, and permit only authorized persons to
enter the same.
7. Identify and retain for questioning the person who first notified the police, and
other possible witnesses.
8. Determine the assailant through inquiry or observe him if his identity is
immediately apparent. Arrest him if he is still in the vicinity.

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9. Separate witnesses in order to get independent statements.


B. Recording
The investigator begins the process of recording pertinent facts and details of the
investigation the moment he arrives at the crime scene. (He should record the time
when he was initially notified prior to his arrival). He also writes down the identification
of persons involved and what he initially saw. He also draws a basic sketch of the crime
scene and takes the initial photograph (if a photographer is available, avail his services).
This is to ensure that an image of the crime scene is recorded before any occurrence
that disturbs the scene. As a rule, do not touch, alter or remove anything at the crime
scene until the evidence has been processed through notes, sketches and photograph,
with proper measurements.
C. Searching for evidence
1. Each crime is different, according to the physical nature of the scene and the crime or
offense involved. Consequently, the scene is processed in accordance with the
prevailing physical characteristics of the scene and with the need to develop essential
evidentiary facts peculiar to the offense. A general survey of the scene is always made,
however, to note the locations of obvious traces of action, the probable entry and exit
points used by the offender(s) and the size and shape of the area involved.
2. In rooms, buildings, and small outdoor areas, a systematic search of evidence is
initiated (In the interest of uniformity, it is recommended that the clockwise movement
be used.) The investigator examines each item encountered on the floor, walls, and
ceiling to locate anything that may be of evidentiary value.
3. You should give particular attention to fragile evidence that may be destroyed or
contaminated if it is not collected when discovered.
4. If any doubt exists as to the value of an item, treat it as evidence until proven
otherwise.
5. Ensure that the item or area where latent fingerprints may be present is closely
examined and that action is taken to develop the prints.
6. Carefully protect any impression of evidentiary value in surfaces conducive to making
casts or molds. If possible, photograph the impression and make a cast or mold.
7. Note stains, spots and pools of liquid within the scene and treat them as evidence.
8. Treat as evidence all other items, such as hairs, fibers, and earth particles foreign to
the area in which they are found; for example, matter found under the victim‟s
fingerprints.
9. Proceed systematically and uninterruptedly to the conclusion of the processing of the
scene. The search for evidence is initially completed when, after a thorough
examination of the scene, the rough sketch, necessary photograph and investigative
notes have been completed and the investigator has returned to the point from which
the search began.

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Prof. Doreen Mae S. Castillo, RCrim

10. Further search may be necessary after the evidence and the statements obtained
have been evaluated.
11. In large outdoor areas, it is advisable to divide the area into strips about four (4) feet
wide. The policeman may first search the strip on his left as he faces the scene and
then the adjoining strips.
12. It may be advisable to make a search beyond the area considered to be the
immediate scene of the incident or crime. For example, evidence may indicate that a
weapon or tool used in the crime was discarded or hidden by the offender somewhere
within a square-mile area near the scene.
13. After completing the search of the scene, the investigator examines the object or
person actually attacked by the offender. For example, a ripped safe, a desk drawer that
has been pried open or a room from which items has been stolen, would be processed
after the remainder of the scene has been examined for traces of the offender.
14. In a homicide case, the position of the victim should be outlined with a chalk or any
other suitable material before the body is removed from the scene. If the victim has
been pronounced dead by a doctor or is obviously dead, it is usually advisable to
examine the body, the clothing and the area under the body after the remainder of the
scene has been searched. This is to enable the policeman/investigator to evaluate all
objects of special interest in the light of all other evidence found at the scene.
D. Collection of Evidence This is accomplished after the search is completed, the
rough sketch finished and photographs taken. Fragile evidence should be collected as
they are found. All firearms (FAs) found to have tampered serial numbers (SNs) shall be
automatically subjected to macro etching at the Philippine National Police Crime
Laboratory (PNP-CL). A corresponding request to the Firearms and Explosive Office
(FEO) must be made for verification purposes. The investigator places his initials, the
date and time of discovery on each item of evidence for proper identification. Items that
could not be marked should be placed in a suitable container and sealed.
E. Markings of Evidence Any physical evidence obtained must be marked or tagged
before its submission to the evidence custodian. These are information to ensure that
the items can be identified by the collector at any time in the future. This precaution will
help immeasurably to establish the credibility of the collector’s report or testimony and
will effectively avoid any suggestions that the item has been misidentified. Markings on
the specimen must at least contain the following:
1. Exhibit Case Number
2. Initials and/or signature of the collecting officer.
3. Time and date of collection.
NOTE: It is also important to note the place or location where the evidence was
collected.
F. Evaluation of Evidence Each item of evidence must be evaluated in relation to all
the evidence, individually and collectively. If necessary, these pieces of evidence must

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Prof. Doreen Mae S. Castillo, RCrim

be subjected to crime laboratory examination. Example: firearms for ballistic


examination, hair strands etc.
G. Preservation of Evidence It is the investigator’s responsibility to ensure that every
precaution is exercised to preserve physical evidence in the state in which it was
recovered/ obtained until it is released to the evidence custodian.
H. Releasing of Evidence All collected evidence can only be released upon order of
the court or prosecutor, as the case maybe.
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. Adherence to standard
procedures in recording the location of evidence, marking it for identification, and
properly completing evidence submission forms for laboratory analysis is critical to
chain of custody. Every person who handled or examined the evidence and where it is
at all times must be accounted for. As a rule, all seized evidence must be in the custody
of the evidence custodian and deposited in the evidence room or designated place for
safekeeping.
J. Transmittal of Evidence to Crime Laboratory Proper handling of physical evidence
is necessary to obtain the maximum possible information upon which scientific
examination shall be based, and to prevent exclusion as evidence in court. Specimens
which truly represent the material found at the scene, unaltered, unspoiled or otherwise
unchanged in handling will provide more and better information upon examination.
Legal requirements make it necessary to account for all physical pieces of evidence
from the time it is collected until it is presented in court. With these in mind, the following
principles should be observed in handling all types of evidence:
1. The evidence should reach the laboratory in same condition as when it was
found, as much as possible.
2. The quantity of specimen should be adequate. Even with the best equipment
available, good results cannot be obtained from insufficient specimens.
3. Submit a known or standard specimen for comparison purposes.
4. Keep each specimen separate from others so there will be no intermingling or
mixing of known and unknown material. Wrap and seal in individual packages when
necessary.
5. Mark or label each of evidence for positive identification as the evidence taken
from a particular location in connection with the crime under investigation.
6. The chain of custody of evidence must be maintained. Account for evidence
from the time it is collected until it is produced in court. Any break in this chain of
custody may make the material inadmissible as evidence in court.

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