Criminal Investigation are conducted primarily for the prevention of crime.
It deals with the identity,
location of the criminal offender and gathering and providing evidence of his guilt in criminal
proceedings. When crimes occur, Law Enforcement officer is responsible to the community it serves and
must discharge it's duty by immediately investigating such incidents.
ELABORATE: Definition of Terms: Special Crime Investigation- a special study of modern technique in the
investigation of crimes penalized under SPECIAL LAWS. It also deals with the study of major crimes
based on the application of special investigative technique.
Investigation- is an examination, a study, an analysis and a research of facts and/or circumstances,
situations, incidents and scenarios, either related or not for the purpose of rendering a conclusion of
proof.
Criminal Investigation- are conducted primarily for the prevention of crimes. This seeks all facts
associated with a crime to determine the truth; what happen and who is responsible of a criminal
incidents.
Criminal Investigator- he is a skilled person who is charged with the duty of conducting criminal
investigation when a crime is committed.
Crime Scene- is the place where the crime or offence is committed.
Evidence- is a means, sanctioned by the rules of court, of ascertaining in a judicial proceeding the truth
respecting a matter of fact. (Rules of Court, Rule 128, Section 1).
Deposition- written record of evidence given orally and transcribed in writing in the form of question
and answer
Physical Evidence- articles and materials which are necessary in crime investigation and detection
Corpus Delicti Evidence- it means "the body of the crime" or actual commission of the crime charged.
Associative Evidence- linksthe suspects to the commission of the crime. (weapons used, finger and foot
prints, wearing apparels)
Tracing Evidence- physical evidence which may help locating the whereabouts of the perpetrators
Tools or I's of the Investigation
1- INFORMATION
2- INTERVIEW, INTERROGATION, FIELD INQUIRY
3- INSTRUMENTATION
INFORMATION -it is the knowledge or factswhich the investigator had gathered or acquired from the
persons or documents, which are pertinent concerning the commission of a crime or criminal activities.
Information Sources:
(a) Regular Sources- records, files from government or non-government, news items
(b) Cultivated Sources- information from informants or informers
(c) Grapevine Sources- information from underworld characters such as prisoners or ex-convicts
INTERVIEW -it is a simple questioningof a person who cooperates with the investigator. INTERROGATION
-it is the process of obtaining an admission or confessionfrom the suspects to have been a crime.
FIELD INQUIRY -it is the general questioning of all persons at the crime scene conducted by the
investigator. There is no need to warn the persons questioned about the Miranda doctrine because this
is not a part of custodial investigation. Any confession or admission taken thereto is admissible in
evidence.
1987 Philippine Constitution, Article 3, Sect. 12, par.1 ,states that:
" Any person under investigation for the commission of an offense shall have the right to be informed
his right to remain silent and to have a competent and independent counsel preferably of his own
choice. If the person cannot afford the services of counsel, he must be provided with one. These rights
cannot be waived except in writing and in the presence of the counsel.
" THE RIGHTS OF THE ACCUSED DURING CUSTODIAL INTERROGATION
(a) Right to Remain Silent;
(b) Right to Counsel of his own choice and if he has none, the government must provide one for him;
(c) Right to be informed of the nature of the charges against him and whatever he says maybe used for
or against him.
CUSTODIAL INTERROGATION OR INVESTIGATION -it is the term to denote the investigation conducted by
the investigator on the suspect who is under police custody.
INSTRUMENTATION -it is the process of applying instruments or toolsof the police science in criminal
investigation and detection.
QUALITIES OF GOOD INVESTIGATOR using the acronym INVESTIGATOR
INTEGRITY- overflowing temptations of women, money, and other intangible promises NETWORK- a
pool of contact is undisputedly essential to the success of every investigation
VERSATILITY- able to do many different things.
ENTHUSIASM- excitement, eagerness.
SELF CONTROL- ability to control oneself regardless of provoking situation
TACTFULNESS- ability to deal with other people without offending them
INTELLIGENCE- above average intelligence (knowledge in psychology to decipher falsehood from truth)
GUTS- incomparable courage to face several tremendous obstacles along his way
ACTING ABILITY- ability to go down to the level of the lower strata, level of the elite, or professional
TIMELINESS- prompt in doing his assigned tasks
OPTIMISTIC- positive thinking no matter how difficult the situation is.
RESEARCH ORIENTED- discover new way
OTHER QUALITIES OF AN INVESTIGATOR
Perseverance- persistence
Endurance-ability to last physically
Incorruptible honesty and integrity- resist temptation
The intelligence and wisdom of Solomon- decipher falsehood from truth
The knowledge of psychology and other natural science
Mastery of Oral and Written Communication
The keen power of observation and description- observe and describe
Courage- to tell the truth no matter who will be hurt
Working knowledge of martial arts and firearms proficiency.
CARDINAL QUESTIONS IN INVESTIGATION
1. The five W's and 1 H of Criminal Investigation These are the questions: who, what, when, where, why,
and how
2. RECURRING Question- these are the recurring questions that shall be asked by the investigator or
witnesses, suspects informants and informers, during the phase of interview anf interrogation.
