SPECIAL CRIME

INVESTIGATION
> SPECIAL CRIME INVESTIGATION by operational definition simply implies that these
crimes are special since they are within the purview of the Revised Penal Code instead
these are provided by special laws.

Special situation requires also special approach to deal with the situation. In a like
manner special laws which are outside the ordinary require special approach to deal with.

SPECIAL CRIME INVESTIGATION - is consisting of special investigative techniques. It

concentrates more on physical evidences, its collection, handling, identification and preservation in
coordination with crime laboratory or forensic unit.
INTRO TO CRIMINAL INVESTIGATION

Definition of Criminal Investigation

Criminal Investigation is the collection of facts in order to

accomplish the three-fold aims –

> to identify the guilty party;

> to locate the guilty party; and
> to provide evidence of his (suspect) guilt.
 The Anatomy of Crime

For any crime to happen, there are three elements or ingredients that
must be present at the same time and place. These are the Motive, the
Instrumentality and the Opportunity.

A. Motive refers to the reason or cause why a person or group of

persons will perpetrate a crime. Examples are dispute, economic gain,
jealousy, revenge, insanity, thrill, intoxication, drug addiction and many
others.
B. Instrumentality is the means or implement used in the
commission of the crime. It could be a firearm, a bolo, a
fan knife, an ice pick, poison or obnoxious substance, a
crow bar motor vehicle, etc. Both the Motive and
Instrumentality belong to and are harbored and wielded
respectively by the criminal.
C. Opportunity consists of the acts of omission and/or commission by a person (the victim) which
enables another person or group of persons (the criminal/s) to perpetrate the crime. Illustrative
examples include leaving one’s home or car unattended for a long time, walking all alone in a well-
known crime prone alley, wearing expensive jewelries in slum area, readily admitting a stranger into
one’s residence and the like. Opportunity is synonymous with carelessness, acts of indiscretion and
lack of crime prevention-consciousness on the part of the victim.
 Four (4) Reasons Why Crime Should Be Investigated

A. Future deterrence of Offenders

- The identification and punishment of a criminal offender will hopefully deter

him from other misconduct in the future.

B. Deterrence to Others

- Identification and punishment of an offender may likewise deter others from

engaging in similar undesirable activities.

C. Community Safety - The investigative process also promote public safety by

identifying and bringing to court persons who pose a serious threat to the safety
of the community due to violent or otherwise strong anti-social behavior.
D. Protection of the innocent

- Finally, accurate investigations help to insure that only

conduct which is in fact criminal is punished, and the
innocent parties will not be subjected to prosecution.
 Two (2) Types of Criminal Investigation

A. Investigation while the suspect is under arrest and detention;

General Rule; A person arrested by virtue of warrant of arrest is

not covered by criminal investigation and must not be placed
under custodial interrogation for obvious reason that he is
already held accountable to that particular crime before the
court of justice.
 Exemption to the Rule:

1. When the person arrested by virtue of a warrant of arrest is likewise being held for a
separate distinct criminal complaint which is the subject matter of another criminal
investigation.

2. When the person arrested by virtue of a warrant of arrest is charge in court as “Jhon
Doe” or “Richard Doe”, and for which criminal investigation is a necessary incident to
establish his real identity, name surname through cartographic sketches and available
witnesses.
3. A person placed under arrest as an incident to the execution and implementation of a search
warrant found in possession of recently stolen articles.

B. Investigation while the suspect is “at large” (Meaning- not under arrest and detention, as
distinguished from: - “fugitive from justice”)

The term “at large” is not synonymous to “fugitive from justice”, the former not being a wanted
person in the eyes of the law, and therefore cannot be lawfully arrested without a warrant. The
later is necessarily an escapee from detention or an escaped prisoner while serving sentence
by virtue of a final judgment rendered by a court of competent jurisdiction that can be legally
arrested (par. [c], Sec. 5, Rule 113, Rules of Court without the necessity of the court.
 Police Operation distinguished from Police
Investigation
A. Police Operation is a lawful clandestine intelligence and
detective networking to gather information and evidences to
determine with certainty the commission of a crime, the identity
of the perpetrators thereof, and as may be necessary, to arrest
the culprits under those instances as authorized by law.
The action whereby a person is subjected to:
1. A warrantless arrest “inflagrante delicto”; or
2. A warrantless arrest in “fresh( hot ) pursuit”; or
3. A warrantless arrest as an incident to the execution of a
search warrant; or,
4. A warrantless search as an incident to a lawful arrest; or
5. An arrest by virtue of a warrant of arrest; or,

6. The arrest of escaped prisoner while serving sentence or temporarily

confined while his case is pending; or

7. While being transferred from one confinement to another.

B. The action of initiating a meticulous inquiry to a formal complaint filed

by the private aggrieved party or public complainant after the fact of the
incident, but no arrest can be legally effected against the suspect as the
circumstances attendant thereto are not those specifically allowed by
law, is what is called Police Investigation.
The main objective of a police investigator is to gather all facts in order to:
A. Phase I - identify the suspect/s through

1. Confession, as defined in Section 29, Rule 130, Rules of Court, is:

“The declaration of an accused expressly acknowledging his guilt of the
charged, may be given in evidence against him.”
”Voluntary”, for purposes of confession, means that the accused speaks
of his free will and accord, without inducement of any kind, and with a full
and complete Knowledge of the nature and consequences of the
confession, and when the speaking is so free from influences affecting
the will of the accused, at the time the confession was made, that it
renders it admissible in evidence against him (Wharton’s Criminal
Evidence, Sec. 631[a], as cited in page 222, Evidence, by RJ. Francisco).
2. Admission – an admission is a voluntary acknowledgement in express terms or by
implication, by a party in interest or by another whose statement he is legally bound, against
his interest, of the existence or truth of a fact in dispute material to the issue.

Admission may either be express or implied. Admission may also be classified as judicial
admission or extra judicial admission.

Express admission is one made in express terms in definite, certain and unequivocal
language. Implied admission are those who may be inferred from the acts, declaration or
omission of a party.

Judicial admission are admissions made in a judicial proceeding. Thus, Sec 4, Rule 129, of
the Revised Rules of Court, expressly provides: - “An admission, verbal or written made by
a party in the course of the proceedings in the same case does not require proof”
3. Eyewitness testimony – the ideal identification is made by an objective person who is
familiar with the appearance of the accused and who personally witness the commission
of the crime.

4. Circumstantial evidence - in the absence of a confession and eyewitness, the

identification of criminal may be established indirectly by proving other facts or
circumstances from which, either alone or in connection with other facts, the identity
of the perpetrator can be inferred. Evidence of this nature, usually falls into the
following circumstances.

a. Motive – can be defined as some inner drive, impulse, intention, etc., that causes a
person to do something or act in a certain way. It may be inferred from circumstances
and from the statement of witnesses that the suspect could have been motivated by a
desire for revenge or personal gain, or jealousy.
b. Opportunity – is a circumstance which made it possible
physically for the suspect to commit the crime; or in other words,
being in a position to commit the offense. He must have the access
to the scene of the crime, or have been in the vicinity and have the
means available to commit the crime.

c. Intent – is the accomplishment of the act and where it is an

element in the commission of an offense, it must always be proved.
To show the identity of the criminal, intent must establish that the
criminal is aware of the consequences of his acts.
5. Associate evidence – the physical evidence found at the scene of the crime and during the
course of the investigation may serve to identify the criminal by means of clue materials,
personal property, or the characteristic pattern of procedure deduced from the arrangement of
objects at the crime scene.

(Sec.1, Rule 130, Rules of Court, as amended), explained. Object (real) evidence or Physical
evidence is the evidence of the highest order. It speaks more eloquently than a hundred
witnesses (People vs. Parcilla, 167 SCRA 722). This is the best form of evidence.

The handgun used in killing the victim is the best evidence in a case of homicide or murder. In a
case of robbery, the force upon things like forced entry to the window shown by broken jealousy
or the recovered stolen articles found in the possession of the suspect are the best physical
evidence.
B. Phase II - Locate and apprehend suspect/s

The second phase of Investigation is concerned with locating and apprehending the

offender. This is not only frustrating but dangerous on the part of the investigator. Locating

and apprehending the suspect/s can be done through the use of informants, by conducting

surveillance, and by conducting undercover assignments.

C. Phase III - Gather and provide evidence to establish the guilt of the accused.

In proving the guilt of the accused in court, the fact of the existence of the crime must be

established; the accused must be identified and associated with the crime scene;

competent and credible witnesses must be available; and physical evidence must be

appropriately identified. The investigator must know by heart the elements of a specific

crime.
 TOOLS OF AN INVESTIGATOR IN GATHERING FACTS
A. Information – Data gathered by an investigator from other persons including the victim himself and
from:

1. Public records- information gathered from records and files of the Police, other law enforcement
agencies, Company records, Public Hospital records and others.

2. Private records- information gathered from cultivated sources such as paid informants, bartenders,
taxi drivers, and vendors and from the internet such as facebook, and others.

3. Modus Operandi file- information gathered from a CCTV camera, witnesses, and arrested
suspect/s, and from Police and other law enforcement files.

An effective criminal investigation requires accurate information. Information is required about the
characteristics and peculiarities of previous cases similar to the one under current investigation;
guidance towards suspect identification, development of leads. Of the three tools of investigation,
Information is the most important since it answers the question- “WHO IS THE VICTIM?” If identified,
and “WHO DID IT?” so as to the identity of the suspect.
B. Interview – Skillful questioning of witnesses and suspects.

Interview in crime investigation is very important as the person interviewed usually gives his account of an
incident under investigation or offers information concerning a person being investigated in his own manner
and words.

In planning an interview, an investigator as a general rule, select a place which will provide him with a
psychological advantage. He should conduct the questioning as soon as possible after the occurrence.

A Philosophy of Interview:

> The RIGHT officer

> Asking the RIGHT questions

> in the RIGHT manner

> At the RIGHT time and in the RIGHT place

> Will get the RIGHT answers

C. Instrumentation – Scientific examination of real evidence, application of instrument and
methods of the physical sciences in detecting crime.

- The most common use of instrumentation is in connection with the physical evidence in the
case and the limitation of this tool of investigation are set by the clue materials and other traces
found at the scene of the crime. In a good percentage of cases, it will be found that there is no
physical evidence and that Instrumentation is relatively unimportant. Theft and assault, for
example, are usually committed without leaving physical evidence in the form of traces. In a
Homicide, clue materials and other forms of physical evidence are of paramount importance.
Instrumentation is found most effective in cases where physical evidence is important.
INVESTIGATOR’S NOTEBOOK

A. Purpose: Considering the mass of details and the number of cases in which in
some instances and investigator is handling, it is very possible that he might forget
some details. Many of the details associated with investigation, while not essential to
the report, might become points of interest to the court when the case is brought to
trial. Experienced investigators employ a notebook to record the relevant details of
the case. During trial, the court allows investigators to consult their notes to refresh
their memory.

B. Recording note: The data of the investigation should be recorded in a complete,

accurate and legible fashion so that in the event another investigator is required to
assume responsibility for the investigation, he can make intelligent use of the
notebook.
C. Since investigative notes are permanent records of information, they should be written in a manner
which furthers this purpose. A good set of notes will have the following characteristics:

1) in ink: ink does not smudge or fade.

2) Each page identified: The top of each page in the notebook should bear the investigators name,
the date, and case number or number.

3) Concise phrases: notes should be written in concise phrases containing enough facts to refresh
the investigator’s recollection upon a later review.

4) Details: care should be taken to accurately record names, numbers, addresses, descriptions and
other details. Variations between the evidence at trial and information in the notebook may prove
embarrassing to the officer and damaging to the case.

5) Negative information: the results of non productive leads should be included in the notes, so that
time is not wasted contacting witnesses or reexamining areas which have already prove futile.
6) Investigators observations: entries in the notepad contain the “WHO, WHAT, WHEN,
WHERE, WHY and HOW” for each of the following:

> The criminal event;

> The victim;

> The witnesses;

> The suspect;

> The evidence;

> The investigator’s own investigation

7) Providing the “5 W’s and 1H” for each of the above categories will ensure a complete
record of the criminal investigation.
 CHARACTERISTICS OF AN EFFECTIVE INVESTIGATOR

A. Intellectual characteristics - Investigator must try and apply it to their work. They must know the
elements of crime understand and be able to apply investigative techniques and be able to work with
many different types of people. Exceptional intelligence is not a requisite trait of an effective
investigator; objectively common sense is more important.

B. Psychological characteristics - Effective investigators are emotionally well balance, detached,

inquisitive, suspecting, discerning, self-disciplined and persevering. Investigation is highly stressful
and involves many decisions. Therefore, it requires emotional stability.
C. Physical characteristics - Effective investigators are physically
fit and have a good vision and hearing. Good health and high
energy level are beneficial because the hours spent performing
investigative duties can be long and demanding. In addition to
being physically fit, investigators are aided by keen vision and
hearing. If uncorrected, color blindness, and farsightedness may
impair investigative effectively. Hearing is especially important
when darkness limit vision. Keen hearing helps estimate the
nearness of a suspect, the movement of people, the direction of
gunfire and detonations. In addition, the investigators may have
to listen to words to hear a weak voice from a seriously wounded
or dying person.