Criminal Investigation Principles and Procedures and Management Notes

General Principles of Investigation

  • Definition of Investigation: The collection of facts to accomplish a three-fold aim:

    • To identify the suspect.

    • To locate the suspect.

    • To provide evidence of his guilt.

  • The Six Cardinal Points of Investigation (The 5-Ws and 1-H):

    • What specific offense has been committed?

    • How was the offense committed?

    • Who committed it?

    • Where was the offense committed?

    • When was it committed?

    • Why was it committed?

  • Protocols in Investigation:

    • Protocol 1: Jurisdictional Investigation by the Territorial Unit Concerned: The Police Station with territorial jurisdiction over the area where the crime was committed must immediately undertake the investigation and crime scene processing.

    • Protocol 2: Official Police Blotter:

      • The logbook must be an 18 in×12 in18\,\text{in} \times 12\,\text{in} hard-bound cover.

      • Every crime incident must be recorded.

      • Separate blotters are required for Violence Against Women and Children (VAWC) and Children in Conflict with the Law (CICL).

      • Details must include: Nature of action/offense, Date, Time, and Place of Occurrence (DTPO), names of suspects, victims, and witnesses, facts of the case, identity of the Officer-On-Case, and status of the case.

    • Protocol 3: Investigation Team Organization and Equipment:

      • All investigators must be graduates of a prescribed investigation course and hold a rank of at least PO2PO2.

      • Team Composition: Team Leader, Investigator/Recorder, Photographer, Evidence Custodian, and Composite Illustrator/Artist.

      • Required Equipment: Police line, video camera, voice recorder, camera, measuring device, gloves, flashlight, fingerprint kit, evidence bag, evidence tag, and evidence bottles/vials.

      • Investigator's Tickler: Must contain a checklist, anatomical diagram form, evidence checklist, and turn-over receipt.

    • Protocol 4: Duties of the First Responder:

      • Validate information, record exact arrival time, notify the TOC.

      • Cordon off and secure the scene to preserve integrity.

      • Identify and interview witnesses; check for imminent danger.

      • Arrest suspects if present or initiate dragnet operations.

      • Prepare for a "Dying Declaration" from severely injured persons.

      • Evacuate wounded to hospitals; account for killed/wounded/arrested individuals.

      • Brief the Investigator-on-Case (IOC) upon arrival and turn over the scene/evidence inventory.

    • Protocol 5: Duties of the Investigating Team:

      • Take full control: search, photograph, sketch, lift fingerprints, mark evidence.

      • Establish a command post and holding area in the vicinity.

      • Conduct case conferences with First Responders, SOCO, and rescue personnel.

    • Protocol 6: Investigation of Suspects:

      • Procedures for Arrest: Secure the person, inform them of cause and rights, conduct thorough search, use reasonable force, and document confiscated evidence.

      • Booking: Fingerprinting, photographing, medical exam (including liquor and drug tests), and record checks.

    • Protocol 7: Taking Sworn Statement of Suspects: Execution of a "WAIVER" (under Art 125125 of the RPC) must occur in the presence of chosen or independent counsel.

    • Protocol 8: Taking Sworn Statement of Witness: Complainant/witness statements must be taken immediately. Affidavit of arrest must be taken within 24 hours24\,\text{hours}.

    • Protocol 9: Preparation of Reports and Filing of Charges: Includes Spot report (within 24 hours24\,\text{hours}), Progress report, After-operation report, Final Report, and Accomplishment report.

    • Protocol 10: Procedure in the Release of Crime Scene: Ensure inventory completion, final survey, and documentation. Release to owner (witnessed by Barangay official) or government administrator.

    • Protocol 11: Follow-up of Case: Conduct operations based on initial investigation results.

    • Protocol 12: Preparation of Case Investigation Plan (CIPLAN): Required for sensational, high-profile, or heinous crimes.

    • Protocol 13: Attendance to Court Duties: Ensures IOC and arresting officers testify; Chiefs of Police (COPs) supervise witness attendance.

    • Protocol 14: Uniform of the Investigator: Prescribed PNP uniform must be worn for identification.

General Investigative Procedures

  • Receipt of Call/Complainant: Duty Desk Officer records time, identity, place, nature, and victims; directs first responders and informs the investigator.

  • At the Crime Scene (First Officer/Responder):

    • First aid, identify if a crime occurred, apprehend offenders.

    • Cordon a sufficiently large area; protect from alteration.

    • Secure primer particles (gunpowder residue) if shots were fired.

    • Log measures taken and persons entering the scene.

  • Investigation Procedure (IOC Arrival):

    • Record weather, lighting, wind, and visibility.

    • Determine victim status (alive/dead) before touching anything in homicide/murder cases.

    • Identify the person who first notified the police.

    • Separate witnesses for independent statements.

  • Searching For Evidence:

    • Conduct a general survey first, then a systematic search.

    • Prioritize fragile evidence.

    • Look for latent fingerprints and impressions for casts.

    • Large outdoor areas should be searched in strips approximately 4 feet4\,\text{feet} wide.

    • Outline the victim's position with chalk before removal.

  • Collection and Marking of Evidence:

    • Firearms with tampered Serial Numbers (SNs) undergo automatic macro-etching.

    • Markings must include: Exhibit Case Number, initials/signature of collector, and time/date.

    • Items that cannot be marked directly go in sealed containers.

  • Methods of Crime Scene Search:

    • Strip Search Method (3 searchers parallel side-to-side).

    • Double Strip Search Method (grid pattern).

    • Spiral Search Method.

    • Zone Search Method.

    • Wheel Search Method.

Recording Investigative Data

  • Standard Methods: Photographs, Sketches, Written notes, Fingerprints, Physical evidence collection, Plaster casts, Sound/Video recordings, and Sworn statements.

  • Sketching Procedures:

    • Sketches are not a substitute for notes/photos.

    • Types: floor plan ("bird's-eye view"), elevation drawing, exploded view, respective drawings.

    • Locating Points: Rectangular coordinates, transecting base line coordinates, or Triangulation.

    • Requirements: North arrow, scale (final sketch), standard symbols, door swing direction, and stairway direction.

  • Fingerprint Lifting:

    • Dusting: Gentle short strokes conforming to ridge patterns.

    • Lifting: Approximately 3 inches3\,\text{inches} of tape; back-and-forth motion; mount on backing.

    • Plain Impressions: Press fingers straight down without rolling.

The Golden Hour and Initial Investigation

  • The Golden Hour: Refers to the first 72 hours72\,\text{hours} of a major case (murder, kidnapping, etc.). Information is most volatile and critical during this phase.

  • SOCO Assistance: Requested for "Significant" or "Sensational" cases.

    • Significant Cases: Bombings, terrorism, raids, kidnapping for ransom (KFR), bank robberies, disasters, massacres, and heinous crimes like Rape with Homicide.

    • Sensational Cases: Involves elected officials (Barangay Captain to President), high-ranking appointed officials, foreign diplomats, PNP/AFP personnel, media practitioners, or prominent celebrities.

  • Investigator's Checklist Activities:

    • Validate post-mortem changes: Algor mortis (cooling), Livor mortis (blood pooling), Rigor mortis (rigidity).

    • Verify if the scene is the primary crime scene or just a finding place.

    • Kidnapping specifics: Dental/medical records, x-rays, DNA items (toothbrush, razor, combs), and comparison samples from relatives (mother).

    • Canvassing: House-to-house interviews around the scene and escape route.

Case Folder and Supervising Investigation

  • Stages in Criminal Case Investigation:

    1. Crime Scene Investigation (Gathering/Documentation).

    2. Case Build-up and Investigation (Background checks, consolidating testimonies).

    3. Case Conference (Coordination with DOJ/Prosecutors).

    4. Case Presentation (Filing in court, providing security for witnesses).

    5. Case Tracking (Database management, monitoring court orders).

  • Special Investigation Task Group (SITG):

    • Structure: Regional Director issues orders. Task Group (TG) Commander is usually the PNP Provincial/City Director. Deputy TG Commander is the Provincial Officer of the CIDG.

    • Components: Investigation Team, Case Record Officer, Technical Support, Admin/Logistics Support.

    • Responsibilities: Validate victim affiliations, establish On-Scene Command Post (OSCP), and conduct link/matrix analysis.

  • Investigation Management System (CIPLAN):

    • Evidence Matrix: Planning and briefing tool to judge sufficiency of evidence.

    • Resource Spreadsheet: Displays relationship between inquiry, resources, and time.

    • Standard Tactical Plan (SMECAC): Situation, Mission, Execution, Contingencies, Administration, Command and Communication.

    • Major Investigation Plan (SMEAC): Strategic tool for managing time, cost, and results quality.

Anti-Drug Operations: Buy-Bust

  • Definition: An entrapment method used to trap/capture law violators during criminal execution.

  • What to Prove:

    • Identity of buyer and seller.

    • Object and consideration (price).

    • Delivery of item and payment.

  • Legal Basis (RA 9165):

    • Section 55: Sale, Trading, Delivery, etc.

    • Section 2626: Attempt or Conspiracy (penalized same as commission).

    • Section 1515: Use of Dangerous Drugs.

  • Pre-Operation Requirements:

    • Casing and Surveillance for tactical advantage.

    • Coordination with PDEA: Within 24 hours24\,\text{hours} of custody/seizure if prior coordination is "not practicable."

    • Preparation: Official buy-bust fund, properly marked/dusted with ultra-violet powder.

  • Operational Execution:

    • Declare operation and announce authority.

    • Inform suspect of Miranda rights.

    • Chain of Custody links: Seizure/Marking $\rightarrow$ Turnover to Investigator $\rightarrow$ Turnover to Chemist $\rightarrow$ Submission to Court.

    • Inventory Witnesses: Must include elected official AND either a DOJ representative or Media representative.

Character, Competency, and Leadership

  • PPSC Framework: Shifts from mandatory courses to Professional and Leadership development emphasizing Self-Mastery, Situational Mastery, and Organizational Mastery.

  • PPSC Core Values (SERV-ICE):

    • Servanthood

    • Excellence

    • Responsibility with Accountability

    • Valuing People and Human Rights

    • Integrity

    • Courage/Patriotism

    • Empowerment

  • The Filipino Core Values:

    • MakaDiyos (God-fearing): Religious respect and spiritual foundation.

    • Makatao (Pro-people): Respect for rights and community partnership.

    • Makakalikasan (Pro-environment): Preventing environmental crimes.

    • Makabayan (Patriotic): National pride and loyalty to the country.

  • Doctrine of Command Responsibility (EO 226):

    • Supervisors are accountable for "Neglect of Duty" if they have knowledge of subordinate crimes and fail to act.

    • Knowledge is presumed if: acts are widespread, repeated, or involve immediate staff.

  • Phases of Decision Making:

    1. Foundation, 2. Fact, 3. Feedback, 4. Focus (Make the decision), 5. Fruit, 6. Forward (Timing).