Criminal Investigation Fundamentals

Good morning po sa lahat ng mga criminology students, especially sa mga kadating natin sa Foundation University, pati na sa Cebu Institute of Technology or CITU, sa lahat ng nagre-review online for the upcoming... criminology licensure examination under the new curriculum napo tyo Salah hot namaha instructors part-time to kyo ma regular instructors a criminology pati de uma entusiast sacri me knowledge a proficient magandang aro pose a new the discussion in this episode will concentrate in one of the subjects under CDI. Ang tinatawag po nating fundamentals of criminal investigation with police intelligence take note po sa nagre-review ang dalawang subjects po are merged into one itong criminal investigation tsaka yung police intelligence kasi sa old curriculum po ang dalawang subjects na ito are separated iba po yung fundamentals of criminal investigation investigation to body new police intelligence under the old curriculum pero sanio curriculum po take note sanag review online these two subjects are merged into one also I would like to emphasize now la hot non topics may discuss nothing a young are aligned with PRC and TED recommended course description or course content so basically there's a big possibility for the marami ang lalabas kasi naka-align na po ito sa PRC at saka sa CHED ka-advise ko lang po sa mga criminology students who will be taking the CLE pag nakapasa po kayo ang una nyo pong pasalamatan is ang Panginoon because without God we are nothing Second, we should thank our parents who exerted a lot of effort to enroll us in the criminology program. Third, when we are done giving thanks to God and our parents, we should also thank the school where we came from. because the university or the college Where we come from, give us the foundation, okay? A strong foundation for us to hurdle the criminology licensure examination. Lahat po ng mga lessons tsaka yung mga discussion, ang foundations po dyan, nagmula po sa eskwelahan natin. Ang review center, ang role po ng review center is to enhance lang po, to enhance or to supplement yung knowledge natin na nakukuha from the university or from the college where we came from. So dapat ang pagpasalamat sa review center pang-apat lang po yan. Dapat unahin po natin ang Panginoon, magulang natin, tsaka yung institution that we come from. Sa lahat naman ng mga review centers dyan, dapat po we should not grab credit in terms of the successes is. of our reviews okay of our review is so the pot on successful should be attributed first say a fourth nice girl Han so the pot upon a pot lamp or a yo so Pagana kappa you my review is not in the pot advise not in the paper Salam at the pocila says cool Han some ago long to kayo's a panginoon kasi young role for nothing is only enhancement okay or supplement lamp or tie or sa lahat ng mga Learnings na nakukuha ng mga bata from the university or from the school where they came from. Now, without further ado, punta na po tayo sa proper discussion natin. Unahin po natin ang definition ng criminal investigation. Ang pinaka-basic po na definition ng criminal investigation is ganito. It is an art. which deals with the identity and location of the offender and provides evidence of guilt through criminal proceedings. So, pansin niyo po sa definition, ang purpose po ng criminal investigation are threefold po. Una, to identify the perpetrator or to identify the guilty party. Pangalawa, pag na-identify na po yung perpetrator, the criminal investigator has to look has to locate and arrest the guilty party or to locate and arrest the perpetrator on Patel last role the criminal investigation is to provide evidence for his guilt now on the long falls Pune to a tinata wagnat three aims of criminal investigation or sometimes this is referred to as the faces faces of Faces of criminal investigation. So, if in the board examination, nag-mention po ng word na faces of criminal investigation. Ibig sabihin po, faces, this refers to the aims or the goals or the stages of criminal investigation. Ano ba itong mga stages, faces or aims ng criminal investigation? I repeat, una, to identify the perpetrator number two to locate and arrest the perpetrator and number three to provide evidence or evidences to support his guilt so ang tatlong aims po na yan po ang nag-contain sa definition ng criminal investigation so again Ibig sabihin ng criminal investigation, this is the process which deals with identifying the perpetrator, the arrest or the location of the perpetrator, and providing evidences to support the guilt of the perpetrator. So basically, ang tao or the person charged in carrying the functions of criminal investigation is known as the Thank you. Criminal investigator. Now, the question right now is, how can the criminal investigator accomplish these three stages or three phases of criminal investigation? Paano ba? Paano ba ma-accomplish itong mga stages na to? Ang sagot po dyan, these stages can be accomplished if the investigator can fulfill his primary job. So ano po bang primary job ng criminal investigator? Ang primary job ng criminal investigator is on the accomplishment of what we call as the cardinal points of criminal investigation or simply the cardinal points of investigation. Ano ba tong cardinal points of investigation? Ang cardinal points of investigation comprises five W's. We call it as five wives. and one H or one husband. So basically, how many points? In the cardinal points of investigation, ilan ba lahat? Anim po yan. Five wives, tsaka yung isa, one husband. Five Ws, one H. Now, ano ba tong five Ws? Okay? Ano ba tong five Ws? This five Ws, review lang po natin, itong five Ws na to, refers to what, where, when, whom and why so in what you have to as the investigator you have to determine what specific offense was committed where the crime was committed when was the crime committed who are the persons involved why the crime is committed so if we say what crime is committed that refers to the nature of the crime. So, dapat alam mo po yan pag ikaw ay isang police officer. Anong particular provision of the law that was been violated? What is the nature of the crime? Pangalawa, yung where would refer to the location or the place where the offense was committed. Pangatlo, yung when would refer to the approximate time. Okay? Yung estimated time na nangyari yung krimen. Yung who or whom naman. would refer to the persons, either the perpetrators or the victims who are involved in the commission of the crime. Yung pang last, yung why, would refer to the motivating factor that causes the perpetrator to commit the crime. Baka hatred yan, baka vengeance yan, baka jealousy. So what are the reasons behind why the person committed the crime? So when we say why, that refers to the reason or the motive for the commission of the crime. Yung last naman, yung husband, yung etch, how, that refers to the modus operandi. Okay? Or the mode of operation. How the crime was committed. Yan po ang six cardinal points of investigation. Now, marami pong qualities dapat ang investigator. Sa mga nagre-review right now, maybe if you pass, by God's blessing, you will pass the criminology licensure exam. Naging police officer ka, dapat po pag na-assign ka sa criminal investigation, dapat you must have a lot of virtues within you. Good qualities that you can utilize for the success of the criminal investigation. Itong makikita nyo sa slide, It's just a small amount. It's just a small amount. That's the most common. We have a lot of qualities, but that's the most common. The perseverance, what does perseverance mean? It means that you have effort. You sustained the effort despite the difficulties. Because sometimes, our crime is very complex. You have to decipher the crime. Okay, because it's a very complicated puzzle that you have to solve. So even though it is difficult, na-sustain mo yung effort, you still continue the effort of criminal investigation kahit medyo difficult po yung task. That's what we call as perseverance. Number two, yung intelligence, which is very, very important po. Without the skills po, okay, without the skills, and the knowledge in criminal investigation, patay po tayo. Yung criminal investigation na yan would be a failure. Pag walang knowledge po na part of the criminal investigator, dapat po intelligent po tayo. Pangatlo, yung honesty po natin. Ibig sabihin ng honesty po, dapat credible po yung performance natin sa criminal investigation. Hindi po pwedeng maging planting of evidence. Diba? Sa mga kaditi natin dyan who are aiming to become police officer, take note po, dapat honest po tayo in our dealings. So in criminal investigation, dapat yung facts, the truth should be the aspects that will be asserted during our report to the court of justice. Dapat po, wala po tayong alteration, planting of evidence which is very common. Pangapat naman po yung tinatawag natin kinpower of observation. Yung kini si kinpower of observation po, this refers to our ability to notice and pay close attention to things. For example, pagpunta nyo po sa bahay ng biktima, nakikita nyo po na siray yung door knob. So the destruction of the doorknob could be an indication that there is burglary being committed. So yung mga ganyang mga detalye. Okay? Mga ganyang detalye. It needs skin power on the part of the investigator para makuha po yung evidence na magagamit natin sa korte in bringing the accused into justice. Now, sa types of criminal investigations naman, marami din po tayong types. But what you can see on the slide right now are the most common ones. For example, yung pinakauna na type po dyan is homicide investigation. So basically, pag ibig sabihin dyan, homicide, this refers to the investigation that involves killing a person. So homicide investigation. By the way, sa mga kaditi natin dyan na mag-take ng criminology licensure examination, Dapat Ah We have to be careful po sa mga keywords. Okay? May mga keywords po ang mga tanong sa board examination. Ito po ang magbibigay clues on our part para makuha po natin yung answer. For example, homicide. So, pag ang tanong is on type of investigation, tapos it involves killing, so basically, it's about homicide investigation. Pangalawa, if... in case the investigation involves computer crimes such as identity theft, illegal firearm sales, online drug trafficking, money laundering, cyberbullying. If a computer is involved, it is called a cybercrime investigation. On the other hand, a forensic investigation is an investigation involving scientific examination or analysis of evidences for example young urine or young DNA or young blood or young a semen coming from the person being examined in the crime laboratory part po yan ang tinatawag nating forensic investigation maroon d tayong tinatawag na fraud investigation so when you say fraud this involves False information to scam, okay? To scam a person or a company. Next po ang tinatawag natin yung family and sexual violence investigation. Ito po ang type na investigation that involves domestic abuse, sexual assault, and child abuse or neglect. Another one is crimes against property. So crimes against property, ang malagay po sa isip natin, yung robbery, yung theft. Okay? Yung theft. So, basically, when you say criminal crimes against property investigation, ito po yung investigation that involves burglary, theft, or even vandalism. Now, ang cold cases, ibig sabihin ng cold cases, ito po yung mga unsolved, okay? Unsolved criminal investigation. Which remains open pending the discovery of the evidence. So, pag naka-encounter po kayo sa board examination ng words na cold cases, ibig sabihin dyan, ito po yung mga kaso that remains to be unsolved and are waiting for evidences or the discovery of the new evidences. So, yung naisi cold cases, ito po yung mga investigations that That involves reviewing the past evidence searching for new clues and using updated forensic technology so that justice can hopefully be served no matter how much time has passed unless bug investigation involves drugs okay drug related po young investigation on top of John narcotic investigation so Ang mga types na to, ito po yung... very common. Pero marami pa po tayong type sa criminal investigation. But what you can see on the slides are the most common ones that we can use as best information in the board exam. Now let us go now to the initial steps in criminal investigation. Very understandable po ito mga kadets. Una, identify tsaka if possible, retain for questioning yung tao na nag-report or nag-notify sa police. Second, you have to determine the identity of the perpetrator. Okay? Identify the name or determine the identity of the perpetrator. If in case you are done identifying the perpetrator, you have to observe his behaviors or you have to observe him. Let us see, detain all persons. present at the scene. Bakit kailangan pong i-detain? Kasi po, ang mga persons present at the scene might give you relevant information that can help solve the crime puzzle. Letter D, summon assistance if necessary. So, kailangan po, if you need assistance from ordinary citizens, especially in the cordoning of the area, pag kailangan po ng tulong from ordinary citizens, pwede po. Next, safeguard the area by physically isolating it. Ito po ang pinaka-importante. Ang role ng first responder is as much as possible, the area should be well preserved. Now, how will you preserve the area? How will you isolate it? You can isolate it by putting a cordon, cordoning the area. Ang tanong ngayon is, what if sir, there is no cordon? or the police officers failed to bring with him a cordon so pag walang cordon po poidi po according to the manual in the criminal investigation at saka yung sa pop or police operational procedure poidi po you can put barricades like tables chairs or anything that can isolate the crime scene from from the outside surroundings next is subsequently permit only authorized person to enter the area authorized Because if you allow somebody to enter the crime scene, that somebody might contaminate the evidences that are inside. So, in as much as possible, only persons who are authorized to enter the crime scene. Next, separate the witnesses in order to obtain independent statements. What is the reason? Why do we have to separate witnesses? Number one, for our testimony, the statements that we will get is independent. What does independent mean? Independent means, the statement by the witness is not a replication or a duplication of the testimony of the other witness. Because what will happen there, if you put In an interview, the two witnesses in one area, ang mangyayari po, the first witness might only duplicate or replicate the statements of the other witness. So in order for you to have independency in terms of the testimony, dapat po separated yung pag-interview natin sa mga witnesses. Next, golden rule po ito, do not touch or move. any object discuss for nothing answer next slide and lastly definitely assign the duties of the search of assistance are present so it up you my initial steps in criminal investigation now again put up with is a do not touch or move any object and tanu put it oh what should then be the primary job of an investigator before applying this rule Ang do not touch or move any object, tinatawag po yung MAC rule. M-A-C. MAC rule. Ano po bang ibig sabihin ng MAC? Ibig sabihin ng MAC, do not move, alter, or change the crime scene. Take note po ha, MAC. Do not move, or alter, or change the crime scene. MAC rule po ang tawag dyan. Do not touch or move. any object. But the question right now again is what should be the primary job of the investigator before applying this rule? Nakalagay po dyan. Binigyan ko po ng answers. Una, ganito po. If the victim is alive, okay? If the victim is alive, the investigator should gather information from the victim while calling the assistance of an ambulance. If the victim is alive. Then after you got the statements and the victim has already been removed and is brought to the hospital, that's the time that the measurement, the sketch, and the photograph of the crime scene are taken. Klarong-klaro po ha. Again, pagbuhay po yung victim ha, ang gawin mo po. Okay, baka lalabas to ha sa board exam. Pag buhay po yung victim ha, ang gagawin mo is to gather information while calling for an ambulance. Number two, pag nandyan na ang ambulance tapos the victim has already been taken away and has been brought to the hospital, dyan na po mangyayari ang measurement, yung sketch natin, tsaka yung photograph. Now ang tanong, what if the victim is already dead? patay na po yung biktima pag patay na po yung biktima ang gagawin po is sketch muna tayo measurement muna tayo photograph muna tayo after that tapos na po sa sketch tapos na po sa photograph tapos na po sa measurement dyan na po pwedeng i-remove yung dead body ng biktima pag patay na po Okay, I hope that is very clear, cadet. I hope that is very clear. So again, pagpatay na po yung biktima, the body should be removed only after the crime scene is measured, sketch and photograph. Next, sa criminal investigation, pinakakomun po ito, yung tools of investigation. Okay, very common, cadets. Actually, sa PRC, tsaka yung sa TED course contents, It usually highlighted on the tools of investigation. So possibly po, marami pong posibilidad na lalabas po itong three I's. Ang tools of investigation, as I have said, are also known as three I's. I, letter I. Tatlong I's of investigation. I's in a sense that every first letter starts with, every first letter of the word starts with letter I. So information, interview. instrumentation we will discuss this exhaustively now let's start with information information as the first tool or the first eye of criminal investigation refers to the knowledge or the data which an investigator acquires from records and persons regular source is acquired from open sources records files cultivated sources are information furnished by informants informers, grapevine source are information given by the underworld characters such as prisoners or criminals. Now, before we differentiate what regular source, cultivated source, and grapevine source mean, we will classify first information into two general types. There are only two general types of information. First, overt information. The second is covert information. Ano bang ibig sabihin ng overt information? When we say overt, from the word overt, meaning these are information obtained through open sources. Open sources ha? Overt. Covert, on the other hand, from the word cover. Dapat itong po ang mga clues na makatutulong sa atin. Covert information, meaning these are information obtained through closed sources. For example, surveillance. Close sources po yan. So, covert information. So again, overt, open, yung covert closed sources. Now, yung specific types of information naman, itong tatlo na to, yung regular source. Ano ba ibig sabihin ng regular source? Yung open sources pa rin po. Yung, for example, if you get an information coming from the newspaper, open source po yan. So, ano tawag? Regular. source. Pangalawa yung cultivated source of information. Ano ba ibig sabihin ng cultivated source of information? Ito po yung information obtained from informants tsaka yung informers. Ang tanong ngayon, what is the difference between informants and informer? Ibig sabihin ng informer, these are persons who gives information in exchange of? In exchange of? money. Alright? Informer, these are persons who gives information in exchange of money. Informant, on the other hand, these are persons who gives information without expecting monetary values. So, that's the difference between these. So, it means that cultivated source of information, this is the information from sah? Galing sa informants, sa kayo sa informer. Yung pangatlo po, yung grapevine source, ito po yung mga information taken from underworld characters. For example, yung mga criminals natin, kumuha tayo ng information sa kanila. Yung mga prisoners natin, kumuha tayo ng information sa kanila. Yung mga gang members. So, yung mga information na yan ay tinatawag na grapevine sources. Now, the second... ay po, or pangalawang tool of investigation, ang tinatawag nating interview. Later on, differentiate po natin anong pinagkaiba ng interview tsaka yung interrogation. Pero punta muna tayo sa interview. Ang interview po as the second tool of investigation is considered as the process of questioning. Questioning a person who is cooperating. Dapat naka-cooperate po yung tao. okay the purpose of the line of questioning is to obtain information okay so definition of my kitchen uses slide okay I'm definition of my kitchen uses like an interview is basically on finding information about what was done what was sent felt heard tasted smell or known by by the interview we will say interview young town tina tanong this is the questioning of a person believed to possess knowledge that is in official interest to the investigator but you have to put in mind pag interview po ang interviewee or ang person that is subject to questioning is cooperating now ang interview is applicable po siya sa mga witnesses okay applicable po ha sa witnesses later on we will again talk about interrogation malalaman nyo later on that interrogation is different from interview. Now, what is the purpose of the interview? Again, to obtain information coming from the subject. Take note that the basic assumption in the interview is that nobody has to talk to law enforcers. When I say nobody has to talk to law enforcers, I am referring to the right. the right as embodied under the Philippine Constitution of a particular person not to cooperate in the line of questioning. The person has the right to remain silent po. So pag ang tao will not concede on your request on the process of the interview, wala po tayong magawa kasi karapatan po yan ng subject. Pero in as much as possible, because the police officers cannot compel, anybody to talk, dapat po ang police officer should be a person who can persuade. Who can persuade, of course, within legal and ethical limits to talk with the law enforcers. That is why, yung criminal investigation, tinatawag yang RT po yan. Yung interview that is part of criminal investigation, RT po yan. Kasi, it is Your job as a criminal investigator to make or to establish necessary tactics or methodologies just to convince anyone to talk. So again, review po natin yung interview para po yan sa mga witnesses who are believed to cooperate in the line of questioning. Now, in addition, in addition po, sa criminal investigation, may tinatawag po tayong ironic. format okay ironic format okay the pota you can you can memorize the the this abbreviation when it's ironic this refers to identity rapport opening statement narration i stands for inquiry the last one is on conclusion so when you see identity prior to the commencement of an interview the investigator should identify himself his name his rank, his designation, the investigator has to present himself to the subject. Ang ibig sabihin po ng rapport is yung connection niyo po, connection from the criminal investigator towards the person being interviewed. If there is already a connection, a positive feeling between the investigator and the subject, po yun po, opening statement. When you see opening statement, the investigator must have to indicate why the subject is being contracted or why the subject has been the point for the interview or the subject for the interview. Tapos, letter N, narration. When you see narration, the witness should be allowed to tell all he knows with little interruption from the investigator. Meaning, when you see narration, you allow the witness to tell. tell the story with little interruption lang po. When you say little interruption, you might ask about repeating the statement but not necessarily rebutting or arguing with the statement. You allow the witness to tell the story. Next would be the questioning. Pag tapos na po yung narration, dyan na po mag take ng opportunity to question the interviewee. Ang tinatawag po sa stage na yan is inquiry. Once you finish all of it, you can now proceed with the conclusion. Now, take note in the ironic format. In the ironic format, we have to understand the general rules in questioning. The general rules in questioning is that there should be one question at a time. So, when we say one question at a time, This is a process of giving the subject the opportunity to state the story, to describe the story in its own perspective. Dapat hindi po sunod-sunod yung question. Dapat one question at a time po. On the other hand, dapat you should avoid the implied answers and questions have to be simple. And questions should be open-ended. Hindi po dapat close-ended. Kasi kapag close-ended po yan, when you say close-ended questions, this refers to the questions answerable by yes or no. Dapat open-ended po. For example, you will ask the subject, can you describe what happened? That's an open-ended question. But if you will ask the individual like, did you witness the crime? Yes or no? That's a closed type of question. and it only consists Strict or it only isolate very limited information. So, dapat open-ended question po ang ibigay natin in the line of questioning. Now, as I have stated a while ago, we need to differentiate the two, interview and interrogation. Again, an interview is a line of questioning to the person who is cooperating. And the interview is only applicable to witnesses. To those who are reviewing. An interview is for witnesses. The interrogation is for suspects. Okay? Perpetrators or accused. Again, yung interview is applicable to the witnesses. Yung interrogation naman is a line of questioning. Pareho lang din po sa interview. Pero ang interrogation is a line of questioning intended to, intended for the, for the suspects. Now, mayroon po tayong legal requirements of interrogation. The statement. the subject must be obtained voluntary and trustworthy and not by means or use of threat fear coercion duress or any improper tactics which will vitiate the free will of the subject remember Republic 7438 what is Republic 74 38 this is the law that contains The rights of the accused under custodial investigation. We will discuss the custodial investigation later. Now, the legal requirements mean this. We have Miranda rights. The right to remain silent. The right to counsel. The right to be informed of the nature and cause of accusation. Let's go to the right to remain silent. If the accused or the perpetrator will refuse to talk, we have a problem. If he will refuse to talk, we will have a problem. Why? Because that will create hassle on our part in the process of solving the crime. However, we have to think also at the other side that refusal to talk is one of the constitutional rights of the accused. So, in reality, we will not have a problem if the accused will Thank you. will remain silent throughout the process of the criminal investigation. Why? Because that is his right. Now, if a person has been subjected to brutal experience, for example, what you do is to intimidate him. You intimidate him or you committed police brutality and the person talked after because of the pain and the suffering he experienced. So, nag-confess yung criminal or yung accused. Yung accused or perpetrator nag-confess. So, ano mangyayari sa confession? Ang mangyayari dyan, lahat ng statements that was taken from the accused is considered to be inadmissible. Kasi ang mga yan ay makonsider po yan na fruit of the poisonous tree. Ang ibig sabihin po ng fruit of the poisonous tree, these are evidences that can be considered as inadmissible. admissible in court because it was obtained illegally so if you subjected him for with police brutality just for him to confess although you have the confession or the statement coming from the subject still it cannot be used as an evidence so it has to be voluntary now is that it has to be conducted in what we call as an interrogation room. Sa interrogation room po yan. Now take note, ang sit-up po sa interrogation room, ganito po sa nag-review right now. Dapat po ang interrogation room is simple without unnecessary furniture. Dapat lang po yung minimum requirements lang po na furniture ang dapat na sa loob. For example, the table. And the chair should be the minimum requirements of furnitures that should be inside the interrogation room. Take note also na ang interrogation room may technical aid po yan. Meaning, it should be installed with a recording device and a one-way mirror. Yan po ang setup sa tinatawag nating interrogation room. Now, In interrogation, same with the interview, may arti po yan. Para you can have the volition or voluntariness on the part of the subject to confess or to make a statement, dapat may arti ka po. Kaya may tinatawag tayong interrogation techniques. Okay? Remember, these interrogation techniques are legal. Legal po ito. Kasi yung pagbigyan ng statement is voluntary. Ang una po na technique is ang tinatawag nating emotional appeal. Pangalawa, yung sympathetic appeal. Now, ang emotional appeal, this means as the investigator, you analyze the subject's personality. Once you are done analyzing the personality of the subject, you decide what motivation would prompt him to tell the truth. Meaning, you observe him. Dito na po, kailanganin yung keen power of observation mo as a criminal investigator. Try to find out his personality and try to create a methodology or a tactic that is suitable to his personality. For example, let's go to sympathetic appeal. If in case upon observation, you deemed sympathy as a good instrument for that person to talk, then use sympathy. That is why we have the so-called sympathetic appeal. Why? Because in sympathetic appeal, you utilize this. or you utilize sympathy or friendship okay sympathy or friendship with the subject because if there is a gesture of friendship there might be a probability that the person will cooperate with the line of questioning why because sometimes sympathy friendship is are something that could create a a conducive atmosphere for the person to give a statement. So, an emotional appeal requires you to analyze the personality of the subject. After analyzing, you make an approach suitable to that personality. And on the other hand, if you find sympathy as one of the suitable approach, then go with a sympathetic appeal where you established friendship. gesture of friendship with with the suspect now the other interrogation techniques are kindness kindness simplest technique okay simplest technique wherein the investigator tend to be kind and friendly man a friendly in his approach with with the suspect But as simple as that, the simple technique Among the interrogation techniques, kindness is the answer. Second, extenuation. Extenuation, the investigator indicates he does not consider the subject's indiscretion a grave offense. So basically, when we say extenuation, you tend to reduce the guilt being felt by the suspect. You tend to... What? You tend to mitigate the implication of the act. You might say like, the crime you have committed is okay, that is fine. It does not affect the whole society in general. So, it's called extenuation. You tend to mitigate or you tend to reduce the implication of the crime. Because if the implication of the crime is reduced, Baka You have the probability that the suspect will feel comfortable to speak or comfortable to confess. The other one is shifting the blame. Shifting the blame is very simple to understand. Meaning, you transfer the blame to the other individual. Or you simply transfer the blame to other aspect. So maybe... You ask the investigator if the suspect is a drug addict or a drug pusher, maybe you shift the blame to the government. Or maybe you shift the blame to poverty. And by shifting the blame, it could create the conducive environment or conducive atmosphere for the person to talk. Next would be Matt and Jeff. I want you to remember this one. Matt and Jeff Poe. There are two characters involved in this interrogation technique. Matt and Jeff. Matt's character... This is police officers, meaning two police officers, two interrogators are assigned. The first officer will play the role of Matt. Who is Matt? Matt is a bad investigator, a relentless investigator who is not going to waste any time because he knows the subject is guilty. Meaning, this is the strictest. Maybe this is the person who will shout in front of the suspect. Pero itong si Jeff naman is the most kind-hearted between the two. The kind-hearted among the two. So si Matt yung stricto. Si Jeff naman yung very kind. Ang una pong makonfront ng suspect is si Matt. Maybe yung police officer playing the role of Matt might shout, might do jolting, might... Though anything, in rage, pwede po yan. Mat po. But after Mat will go out, yung pangalawang police officer that will play the role of Jeff will come in. And he will play an emotional or a sympathetic or a friendly approach to the suspect. In that case, the effect would be the suspect might not confess to Mat, but... there may be a possibility that the suspect will confess to Jeff because of the friendly approach and that friendly approach of Jeff could be something that could establish connection that could persuade the person to talk. Now, ang isa naman dito is ang tinatawag nating bluff on a split pair. This is applicable when there are more than one suspect. Take note. In this bluff on a split pair, the suspects are separated and one is informed that the other has talked. So this actually happened in real life. For example, when I was still a part-time instructor in one of the colleges or universities in Negros Oriental, kasi I was very strict in taking the examination. May dalawa pong estudyante kadete. Maynilopong estudyante did not take the midterm examination. And I know because one of the practices in the people in Negros Oriental is that if there is a fiesta, everybody will attend. But usually during fiesta, wala pong cancellation ng klase. Tapos ang nangyari doon, ang midterm examination was actually scheduled during the fiesta. but we do not have any choice but to you know but to mandate the students to take the midterm examination. So, what happened is, two of them were absent. So, one of them said, one of them said, Sir, we were not able to cope up with the time because we had a flat tire. My passenger, one of them, the one in the middle, I asked one of the middle, what happened? Flat tire, Sir. So, what I did, the two middle-aged, day. I separate them into rooms. Okay? I separate them into rooms. And, you know, employ this kind of method. Bluff on a split pair. So, what I said, I went to one. What I said to one, the question was very simple. One question only. Where is the flat tire? Front tire? Because it's a motorcycle. Front tire or the back tire? Where is the tire? So, sabi ng isa, and I know he was lying on that price. Sabi niya, ano sir, front tire. Front tire po yung nagka-flat. Okay, okay, are you sure it's the front tire? Sabi niya, yes sir, I'm very sure it's the front tire. So, pagkatapos din, just one question only, I go out and I move to the other guy. Considered as the passenger in the motorcycle. So, I ask him, sabi ng kasama mo, nagka-flat tire daw. Ang tire na na-flat is yung back. portion, back tire po. Pero ang sabi nung isa, he's actually front. But I said to him, sabi niya, back tire daw ang nagka-flat. So ano ba talaga ang sayo? Front tire or back tire? So sabi niya, yes, yes, sir, it's really back tire. So sabi niya, back tire po, sir. Sir, I agree with my with my body. Back tire po yung nagpa-flat. So there, by listening to the answer of the second guy, I found out and I confirmed that these two persons were actually lying. And that is one of the reasons why they had incomplete remark in the subject. So, yung bluff and split pair po, very essential po ito. Pag again, dalawa yung suspects natin or tatlo yung suspects natin. You can also utilize ang tinatawag nating pretense of physical evidence. So when you say pretence of physical evidence, you pretend, okay? You pretend. The key word is pretend that a certain physical evidence has been found and the laboratory experts are examining it against him. So you might go to the suspect and you might say, Confess ka na, mag-confess ka na lang kasi we found your semen coming from the crime scene. And I know the laboratory experts are examining it right now and I know that semen belongs to you. So by pretension that there is an evidence being obtained, the person might confess. The last one is jolting. Ang jolting po, ito po yung pwedeng ma-utilize natin on calm and nervous subjects. May mga nervyoso kasi tayo ng mga subjects. Ano ba mangyayari sa jolting? Jolting po, nagagalit ka. You raise the modulation of your voice. You get angry and you appear as if you are enraged. But in reality, you are not. You are just pretending to be enraged. But take note, undulting is only for calm and nervous subjects. Those are the interrogation techniques that we can utilize in criminal investigation, particularly on the interrogation technique. However, there are many more... Marami pa po tayong interrogation techniques, but these are the most common ones na pwede nating magagamit sa criminal investigation. Now, ang philosophy po ng interview and interrogation is very simple. The right officer asking the right questions in the right manner at the right time and in the right place will get the right answer. This cliche should be observed. So, pag ang right officer, an intelligent officer maybe, if you utilize right questions in a right approach at a very good timing time, a very timely manner, in the right place conducive for interview or interrogation, and you will have the right answers. Yan po ang ibig sabihin ng philosophy of interview and interrogation. So, review lang po natin, maikli lang po. Interview, para sa witnesses po yan. Questioning of a subject who is cooperating. Interrogation, para po sa suspect. Questioning to a suspect. And the suspect is not cooperating in the line of questioning. Yan po ang pagkakaiba sa interview at saka yung interrogation. Next, ang pangatlo po na I or tool of investigation, ang tinatawag nating instrumentation. Now, pagbasahin nyo po yung nasa slide. Ibig sabihin po ng instrumentation, this refers actually to the totality or the sum total of all instruments in the detection of crime. For example, you might utilize polygraphy or polygraph, stereoscopic microscope. Maybe you will utilize bullet comparison microscope. So meaning in instrumentation, what you do is you utilize a part. particular instrument in order to detect crime so in cases where there are no significant physical evidences to be found then the use of instrumentation is relatively unimportant for example how will you know that the semen or the person raped the girl or the victim if you do not get any evidence If you get an evidence, say for example, you have the semen, then the semen could be subjected for instrumentation. And thereby, you will know that the semen belongs to the perpetrator. Yan po ang importansya ng instrumentation as the last eye of investigation. Now, the confession and the admission cadets, actually this is just a repetition in criminal law. That's why I said to those who are reviewing right now, what I can tell you, the topics in criminology, major subjects, are interrelated with each other. For example, this confession and admission, this is in criminal law. But we will include this one in criminal investigation because it's included in the CHED and PRC contents. now my you know confession to the admission now review lampoon at inna uncle fish on pole is a direct acknowledgement of guilt okay a direct acknowledgement of guilt and admission amount of a not out of young indirect indirect acknowledgement of God when we say acknowledgement you you submit yourselves that that accusation is true you acknowledge okay again confession direct acknowledgement of guilt you admission a man indirect acknowledgement of guilt now unconfirmed the wall the wall upon classy okay we have two types two types extrajudicial judicial confusion on extrajudicial po eto po a maca confession done outside the court Done outside the court, for example, during custodial investigation, nag-confess po yung tao. Saan pa ginagawa ang custodial investigation? O dyan sa police station. Police station is outside the court. So basically, it's an extrajudicial confession. Pangalawa, judicial confession. Yung judicial confession is a confession being done in an open court. Meaning, this is the confession in front. made in front of the judge or made inside inside the court now my thought might it at our time arraignment the bus criminal procedure marami pong lalabas criminal procedure credits the path of the onan ponyo nap and sin ang criminal procedure now the criminal procedure popin a basic for John arraignment for an Obama arraignment John PMA magbibigay ng ng respond ang perpetrator whether he will plead guilty or not guilty of the offense so if the person will say I am guilty then it's a form of confession if the person will tell the story about the crime matatawag din po yung judicial confession so long as it is being done before the judge or in inside the court As I have stated a while ago, ang admission is an indirect acknowledgement of guilt. Kaya nakalagay po dyan sa slide nyo na makikita ngayon, ang first statement. A self-incriminatory statement by the subject falling short of acknowledgement of guilt. Now, we will differentiate more between the two para maintindihan po natin. Ang admission, it implicates but does not incriminate. Okay? Admission of guilt but lacks the detail of the elements of the crime. So meaning, para maintindihan po natin. When we say implicates, that refers to conveying a meaning. Conveying a meaning. It implicates but it does not incriminate. Admission will convey a meaning to the investigator but it does not. mean that that person is guilty of the accusation. For example, you keep on asking the individual and he just kept on being silent. There is what we call as admission by silence. Admission by silence. Silence, although it can be a form of admission, but it does not make a person guilty. Why? Because it only implicates, but it does not incriminate. We see it does not incriminate, meaning it does not make a person guilty of the accusation. Now, ang admission is acknowledgement of certain facts only. Ang admission would only involve acknowledgement of certain facts. Pero ang confession is an acknowledgement of all the facts in the process of the commission of the crime. Yan po ang pinagkaiba ng confession at saka yung admission. Ang certain portion or certain portion of the story is admitted. Tawag po niya admission. Pero pag lahat po, everything has been acknowledged by the perpetrator. that he committed the crime and he performed it and this and the effect was this the person died and then uh it was investigated again such acknowledgement can be considered as Confession. Yan po ang pinakaiba ng confession sa kayong admission. Now, in the taking of the admission and confession, sa lahat ng magiging cardo dalisay dyan, pag-graduate, tandaan nyo po ito. Tandaan nyo po ito. This is one of the reasons why sometimes cases are left unsolved and cases sometimes became dismissed. The accused became acquitted because of this one. Dapat tandaan nyo po ito. Sa magkaroon dalisa eh dyan. Rules to be observed in taking confession and admission. O na, it should be preferably in writing and under oath. Dapat notarize po yan ha in front of the lawyer. It must be written in a language known and understood by the accused. If not, it must be clearly translated. Ano ba ibig sabihin nito? Ang medium of communication po natin is English or Filipino. Now, pag ang tao is a Cebuano, bisayang dako, bisdak po. So, dapat, yung confession niya should be in Bisnak, should be in Visaya, should be in Cebuano. Pero, ang requirement po natin is that there should be a translation. Dapat nakatouch po yung translation, Brad, yung English translation niya. Dapat isubmit mo yan. Pero, yung confession niya in Cebuano, may nakatouch lang na translation. Pangatlo, dapat voluntary po yan. freely and voluntary given by the accused freely and voluntary so you subjected a person to police brutality and the person confess not go in the pool and voluntary and if you have a lot of a so many are a John deep oh yeah Maggie admissible in the court or maybe you intimidate the person you might say if you will go out you will die if you will not confess I knock oh and they because it affects voluntariness in a part of The suspect. Pang last po, ganito. Under the new constitution, it must be taken in the presence of a competent and independent counsel chosen by the accused. Okay, chosen by the accused. Under the new constitution, it must be taken in the presence of a competent and independent counsel chosen by the accused. So, dapat po, ang sabi ko kanina, dapat may lawyer. So, pag ang tao mag-confess, kuha ka ng lawyer or let the person select a lawyer. And the confession should be done within the presence of the counsel or the lawyer of the suspect. Ito ang rules natin na dapat nating tandaan ha in taking admission and confession. Now, punta naman tayo cadets sa mga methods of identification. Methods of identification by witness. May apat po tayo yung verbal description. If it's not identified, because our first aim or the first phase of criminal investigation is to identify the perpetrator. Now, if it's not identified, we have four ways. First, verbal description. So verbal description would mean the description coming from the witness to describe the criminal. The witness might say, the perpetrator is fat, and black. That's a description. That's a verbal description. Pwede din po yung rogues gallery. Ano ba itong yung rogues gallery? Yung rogues gallery po is a database. It's a system containing the files of the suspect. So pwede din po sa photographic files natin i-determine yung identity ng perpetrator. Pag unidentified pa rin, wala sa rogues gallery, pwede din po yung general photograph. Sa general photograph, po, the investigators show the witness the variety of facial types. The picture only represents different features of the face. Ano ba yung structure ng itsura niya? Malapad ba yung ilong? Matangos ba yung ilong? Yung mga ganito ng mga aspects na ipapakita sa witness. And let the witness select what specific feature was the perpetrator that he saw. Yung last, Yung artist assistants, when you say artist assistants, may tao po, natin itawong na artist na marunong mag-drawing. For example, sabihin mo, may itim yung buhok niya, curly hair. So, i-sketch po yan ng artist. And usually, mabubuo yung image ng unidentified suspect. Now, if those four strategies may not work, You can proceed with the line up. We have what we call a line up. First thing to remember, Ang line up po consists of 7 to 10 persons. Okay, take note. Ilan po ba ang tao? 7 to 10 persons. Pangalawa, witness is instructed before entering the line up room to the fact that the suspect is among the persons in the group. Okay, he should be instructed na nandyan yung suspect sa room. Pangatlo, the line up members, yung pitot. hanggang sampo should be instructed not to talk unless voice recognition is is required pero pag walang voice recognition this should not be allowed to talk pang apat the witness desires the land of members to perform certain actions then he should communicate this information discreetly ano ibig sabihin ng discreetly secretly ha in secret to the investigator so pag sabihin ng witness na i want them to dance because by letting them dance i can identify who is that particular suspect so you have to inform this kind of request or you have to tell this request secretly with the investigator now if there is more than one witness they should make their identification separately why in order to avoid again duplication or replication of ideas now generally speaking the seven to ten persons po yan. Same hair color. Yung clothing niya is the same. The same po in appearance. Yan po ang general rule of thumb in police lineup. Now, another thing is on circumstantial evidence. Okay? This is a repetition sa criminal law. But I have to emphasize this because this is part of the course contents of CHED and PRC. Ang circumstantial evidence, from the word circumstantial. Circumstances, meaning this refers to events and circumstances that can be considered as an evidence. Now, circumstantial evidence is identification established indirectly by proving other facts or circumstances from which either alone or in connection with the other facts, the identity of this perpetrator can be inferred. For example, love triangle between Pedro, Juan, and Maria. So the love triangle could be a circumstantial evidence. For example, Maria died and it was known that Maria was being raped. Okay? He was being raped. So the love triangle could be a circumstantial evidence. Or maybe Pedro died by means of stabbing. So the love triangle could be a circumstantial evidence to pinpoint who wants to be the suspect of that particular crime. It's called circumstantial evidence. Ang tanong ngayon, pwede ba maging sufficient ba ang circumstantial evidence to produce conviction? Sufficient ba ang circumstantial evidence to produce conviction? Ano po ang sagot? Ang sagot po is, it can be sufficient. It can be pwede po maging sufficient yan to produce conviction. Pero, in order for circumstantial evidence to produce conviction, take note po kadet, Dapat more than one circumstance po. Dapat more than one circumstance yan. Para makaproduce ka ng conviction. Pangalawa, when the facts from which the inferences derived are proven. Ano ibig sabihin nito? Kung love triangle ang circumstantial evidence mo dapat, there should be a proof that will prove that there is really an existence of that love triangle. Pangatlo, If you will combine the circumstances, kasi more than one yan eh. If you will combine the different circumstances, it would be enough to produce a conviction beyond reasonable doubt. So pag na-meet po yung requirements ng mga yan, pwede po ang circumstantial evidence can be enough to produce conviction. Now, the question right now is, what must be inferred to prove? identity by circumstantial evidence. Pwede ba? Na malaman mo yung identity ng perpetrator by means of circumstantial evidence? Maybe. If this is the situation po, one person is running. He is bringing with him, he is holding with him a knife and that knife is stained with blood. And his shirt, his t-shirt is also stained with blood. And he comes from, he is running from a particular corner. And when you happen to go to that corner, you saw a dead body of the individual. Okay? Ozing with blood, with stab wounds. Even though you did not see the person or that guy running with a knife in his hand, kahit hindi mo yan nakikita on the act of the performance of the stabbing incident, it will give you a circumstantial evidence, an idea, na possibly ang tao that runs, that escaped from that corner, was actually the one who perpetuated the crime. So may establish yung identity. Pero dapat po, makikita dito ang mga elements na tinatawag natin yung motive, intent, opportunity, at saka yung iba. When we say motive po, this refers to a factor that pushes the person to commit the act. For example, jealousy. The love triangle. Pwede po yan. Hatred. Vengeance. Pwede po as a motive that will push the person to commit the act. Ang accomplishment of the act, ang tawag po dyan intent. Kuha niyo po, motive. Something that pushed the person to commit the act. Intent is the accomplishment of the act. Opportunity, on the other hand, is the physical possibility that the suspect could have been committed the crime. It may be deduced from the following. Suspect could have been in the vicinity of the crime. Knowledge of the criminal objects and the absence of alibi. By the way, sa korte po ang alibi, ito yung tawag po yung weakest evidence. Weakest form of evidence in the court. Now, so if there is a motive, an intent, an opportunity, it can be used to infer and to prove the identity of the suspect. Last, if the suspect is not identified through circumstantial, through line-up, through rogues gallery, through artist sketch, so on and so forth. If it is not identified, lastly, we can utilize what we call as physical evidences. We can... Actually, identify persons. Kasi pag ang tao ng rape, tapos he is not identified. But the semen of that person is left at the crime scene. My goodness, you can have that semen and identify him. So, by the use of physical evidences, pwede pong ma-identify ang persons. Ang tanong ngayon, ano ba ibig sabihin ng physical evidence? Physical evidence, these are articles and materials which are found in connection with the investigation and in aid. Establishing the identity of the suspect. These are tangible. Can be touched, can be seen. Articles and materials that can be used as an evidence. These evidences are found in the crime scene. Now, tatlo po yan. Corpus delicti evidence, associate evidence, atsaka yung tracing evidence. Mga kadete, yung corpus delicti very common po. Sabihin natin. the body of the crime. It's body of the crime. Corpus Delicti, the body of the crime. Question right now is what is body of the crime? When can you say that it's the body? When you say Corpus Delicti, it does not literally refer to the physical body. But rather this refers to the elements of the crime. Elements of the crime. For example, yung theft, theft na krimen. Hindi naman po pwede sabihin mo na ang corpus delicti evidence of theft is the dead body of the victim. Kasi sa theft, walang dead body po. Ang sa theft po, ang nawawala dyan is yung item, yung property. So yung property is one of the corpus delicti evidence that will prove that there is theft. Kuha nyo po. But if the crime is homicide, then homicide is killing of the individual. So, there should be a dead body if it's a consummated homicide. But if it's frustrated, of course, there's no dead body if it's a frustrated homicide. So, it means that the elements of the crime, that will be the corpus delicti evidence. If it is a burglary, the closed doorknob, the closed jealousy, that will be the corpus delicti evidence to prove that there is burglary so again body of the crime ha corpus delicti purang ibig sabi na body of the crime these are the elements that needs to be that needs to be proved pangalawa yung fingerprint take note po in 2010 criminology licensure examination pangatlo po tatlong bisis lumabas po to ang fingerprint po is an associative evidence okay these are pieces of evidence that will lead the suspect to the crime scene. weapons, tools, garments, or prints. Tracing evidence, on the other hand, are articles which assist the investigator in locating the criminal. Stolen goods in the position of the suspect is an example of a tracing evidence. Or another example, para maintindihan yung tracing evidence saka yung associative evidence. Yung mga bloodstains, footprints ito po mga associative evidence po ito pero pag ang tao wala na sa crime scene okay for example rape yung case wala na siya sa crime scene ando na siya sa bahay niya and as the investigator when you go to his house you saw the shoes of the person and when you examine the shoes of the person may nakikita ka na soil deposited on the shoes of the person. And when you examine that soil, it so happened that that soil is of the same quality with the soil of the crime scene. Diba? So ang soil taken from the shoes of the person as an evidence can be considered as a tracing evidence that will prove nga ang tao na yan was there at the crime scene. Kasi iba yung soil quality of their house and the soil quality of the crime scene. And you found out that the soil quality deposited in the shoes is actually coming from the crime scene. So the soil in that instance is a tracing evidence. Yan po ang pinagkaiba ng corpus delicti. Associative evidence, tracing evidence. Last, in order to introduce physical evidence in court, in order to introduce ha? So that it will be admissible in court. You listen up, Cardo Dalisay people. So that it will be admissible. It's either corpus, associative, or tracing. For it to be produced in the court, we should be able to accomplish these requirements. Number one, it should be properly identified. It should be properly preserved. We have markings on evidence preservation. Second, Chain of custody must be proved. You will be transferring your evidence from you to the other person. The chain of custody must be established. Because if the chain of custody is not established, we are dead. It will not be used in court. Third, the evidence must be material and relevant. It means that your evidence must be related to the case being investigated. They didn't even want to put boy in there. na mag-present ka ng painting, tapos yung krimen mo is homicide. Or maybe the crime is ilaybil, and you are presenting the court with a knife. Di po po ide. So that has to be relevant or material in the court. Mga kadets, sa nagre-review online, I would like to stop in this slide muna. We'll be breaking the discussion into three episodes para at least I can give you time to relax. yung sa second episode po okay yung sa second episode will be on crime scene investigation proper na yung topics importante din po that you have to uh review you go with the discussion in episode 2 kasi importante din po yun lahat na mga discussion na nasa episode 2 is aligned with prc and chedda pwede magagamit nyo

Third, when we are done giving thanks to God and our parents, we should also thank the school where we came from. because the university or the college Where we come from, give us the foundation, okay? A strong foundation for us to hurdle the criminology licensure examination.

Lahat po ng mga lessons tsaka yung mga discussion, ang foundations po dyan, nagmula po sa eskwelahan natin. Ang review center, ang role po ng review center is to enhance lang po, to enhance or to supplement yung knowledge natin na nakukuha from the university or from the college where we came from. So dapat ang pagpasalamat sa review center pang-apat lang po yan. Dapat unahin po natin ang Panginoon, magulang natin, tsaka yung institution that we come from.

Sa lahat naman ng mga review centers dyan, dapat po we should not grab credit in terms of the successes is. of our reviews okay of our review is so the pot on successful should be attributed first say a fourth nice girl Han so the pot upon a pot lamp or a yo so Pagana kappa you my review is not in the pot advise not in the paper Salam at the pocila says cool Han some ago long to kayo's a panginoon kasi young role for nothing is only enhancement okay or supplement lamp or tie or sa lahat ng mga Learnings na nakukuha ng mga bata from the university or from the school where they came from. Now, without further ado, punta na po tayo sa proper discussion natin. Unahin po natin ang definition ng criminal investigation. Ang pinaka-basic po na definition ng criminal investigation is ganito.

It is an art. which deals with the identity and location of the offender and provides evidence of guilt through criminal proceedings. So, pansin niyo po sa definition, ang purpose po ng criminal investigation are threefold po. Una, to identify the perpetrator or to identify the guilty party. Pangalawa, pag na-identify na po yung perpetrator, the criminal investigator has to look has to locate and arrest the guilty party or to locate and arrest the perpetrator on Patel last role the criminal investigation is to provide evidence for his guilt now on the long falls Pune to a tinata wagnat three aims of criminal investigation or sometimes this is referred to as the faces faces of Faces of criminal investigation.

So, if in the board examination, nag-mention po ng word na faces of criminal investigation. Ibig sabihin po, faces, this refers to the aims or the goals or the stages of criminal investigation. Ano ba itong mga stages, faces or aims ng criminal investigation?

I repeat, una, to identify the perpetrator number two to locate and arrest the perpetrator and number three to provide evidence or evidences to support his guilt so ang tatlong aims po na yan po ang nag-contain sa definition ng criminal investigation so again Ibig sabihin ng criminal investigation, this is the process which deals with identifying the perpetrator, the arrest or the location of the perpetrator, and providing evidences to support the guilt of the perpetrator. So basically, ang tao or the person charged in carrying the functions of criminal investigation is known as the Thank you. Criminal investigator.

Now, the question right now is, how can the criminal investigator accomplish these three stages or three phases of criminal investigation? Paano ba? Paano ba ma-accomplish itong mga stages na to?

Ang sagot po dyan, these stages can be accomplished if the investigator can fulfill his primary job. So ano po bang primary job ng criminal investigator? Ang primary job ng criminal investigator is on the accomplishment of what we call as the cardinal points of criminal investigation or simply the cardinal points of investigation. Ano ba tong cardinal points of investigation?

Ang cardinal points of investigation comprises five W's. We call it as five wives. and one H or one husband. So basically, how many points? In the cardinal points of investigation, ilan ba lahat?

Anim po yan. Five wives, tsaka yung isa, one husband. Five Ws, one H.

Now, ano ba tong five Ws? Okay? Ano ba tong five Ws?

This five Ws, review lang po natin, itong five Ws na to, refers to what, where, when, whom and why so in what you have to as the investigator you have to determine what specific offense was committed where the crime was committed when was the crime committed who are the persons involved why the crime is committed so if we say what crime is committed that refers to the nature of the crime. So, dapat alam mo po yan pag ikaw ay isang police officer. Anong particular provision of the law that was been violated? What is the nature of the crime? Pangalawa, yung where would refer to the location or the place where the offense was committed.

Pangatlo, yung when would refer to the approximate time. Okay? Yung estimated time na nangyari yung krimen. Yung who or whom naman. would refer to the persons, either the perpetrators or the victims who are involved in the commission of the crime.

Yung pang last, yung why, would refer to the motivating factor that causes the perpetrator to commit the crime. Baka hatred yan, baka vengeance yan, baka jealousy. So what are the reasons behind why the person committed the crime? So when we say why, that refers to the reason or the motive for the commission of the crime. Yung last naman, yung husband, yung etch, how, that refers to the modus operandi.

Okay? Or the mode of operation. How the crime was committed.

Yan po ang six cardinal points of investigation. Now, marami pong qualities dapat ang investigator. Sa mga nagre-review right now, maybe if you pass, by God's blessing, you will pass the criminology licensure exam. Naging police officer ka, dapat po pag na-assign ka sa criminal investigation, dapat you must have a lot of virtues within you. Good qualities that you can utilize for the success of the criminal investigation.

Itong makikita nyo sa slide, It's just a small amount. It's just a small amount. That's the most common. We have a lot of qualities, but that's the most common.

The perseverance, what does perseverance mean? It means that you have effort. You sustained the effort despite the difficulties. Because sometimes, our crime is very complex. You have to decipher the crime.

Okay, because it's a very complicated puzzle that you have to solve. So even though it is difficult, na-sustain mo yung effort, you still continue the effort of criminal investigation kahit medyo difficult po yung task. That's what we call as perseverance.

Number two, yung intelligence, which is very, very important po. Without the skills po, okay, without the skills, and the knowledge in criminal investigation, patay po tayo. Yung criminal investigation na yan would be a failure.

Pag walang knowledge po na part of the criminal investigator, dapat po intelligent po tayo. Pangatlo, yung honesty po natin. Ibig sabihin ng honesty po, dapat credible po yung performance natin sa criminal investigation.

Hindi po pwedeng maging planting of evidence. Diba? Sa mga kaditi natin dyan who are aiming to become police officer, take note po, dapat honest po tayo in our dealings.

So in criminal investigation, dapat yung facts, the truth should be the aspects that will be asserted during our report to the court of justice. Dapat po, wala po tayong alteration, planting of evidence which is very common. Pangapat naman po yung tinatawag natin kinpower of observation. Yung kini si kinpower of observation po, this refers to our ability to notice and pay close attention to things.

For example, pagpunta nyo po sa bahay ng biktima, nakikita nyo po na siray yung door knob. So the destruction of the doorknob could be an indication that there is burglary being committed. So yung mga ganyang mga detalye. Okay?

Mga ganyang detalye. It needs skin power on the part of the investigator para makuha po yung evidence na magagamit natin sa korte in bringing the accused into justice. Now, sa types of criminal investigations naman, marami din po tayong types. But what you can see on the slide right now are the most common ones.

For example, yung pinakauna na type po dyan is homicide investigation. So basically, pag ibig sabihin dyan, homicide, this refers to the investigation that involves killing a person. So homicide investigation.

By the way, sa mga kaditi natin dyan na mag-take ng criminology licensure examination, Dapat Ah We have to be careful po sa mga keywords. Okay? May mga keywords po ang mga tanong sa board examination. Ito po ang magbibigay clues on our part para makuha po natin yung answer. For example, homicide.

So, pag ang tanong is on type of investigation, tapos it involves killing, so basically, it's about homicide investigation. Pangalawa, if... in case the investigation involves computer crimes such as identity theft, illegal firearm sales, online drug trafficking, money laundering, cyberbullying. If a computer is involved, it is called a cybercrime investigation. On the other hand, a forensic investigation is an investigation involving scientific examination or analysis of evidences for example young urine or young DNA or young blood or young a semen coming from the person being examined in the crime laboratory part po yan ang tinatawag nating forensic investigation maroon d tayong tinatawag na fraud investigation so when you say fraud this involves False information to scam, okay?

To scam a person or a company. Next po ang tinatawag natin yung family and sexual violence investigation. Ito po ang type na investigation that involves domestic abuse, sexual assault, and child abuse or neglect.

Another one is crimes against property. So crimes against property, ang malagay po sa isip natin, yung robbery, yung theft. Okay? Yung theft. So, basically, when you say criminal crimes against property investigation, ito po yung investigation that involves burglary, theft, or even vandalism.

Now, ang cold cases, ibig sabihin ng cold cases, ito po yung mga unsolved, okay? Unsolved criminal investigation. Which remains open pending the discovery of the evidence. So, pag naka-encounter po kayo sa board examination ng words na cold cases, ibig sabihin dyan, ito po yung mga kaso that remains to be unsolved and are waiting for evidences or the discovery of the new evidences. So, yung naisi cold cases, ito po yung mga investigations that That involves reviewing the past evidence searching for new clues and using updated forensic technology so that justice can hopefully be served no matter how much time has passed unless bug investigation involves drugs okay drug related po young investigation on top of John narcotic investigation so Ang mga types na to, ito po yung...

very common. Pero marami pa po tayong type sa criminal investigation. But what you can see on the slides are the most common ones that we can use as best information in the board exam. Now let us go now to the initial steps in criminal investigation. Very understandable po ito mga kadets.

Una, identify tsaka if possible, retain for questioning yung tao na nag-report or nag-notify sa police. Second, you have to determine the identity of the perpetrator. Okay? Identify the name or determine the identity of the perpetrator. If in case you are done identifying the perpetrator, you have to observe his behaviors or you have to observe him.

Let us see, detain all persons. present at the scene. Bakit kailangan pong i-detain? Kasi po, ang mga persons present at the scene might give you relevant information that can help solve the crime puzzle.

Letter D, summon assistance if necessary. So, kailangan po, if you need assistance from ordinary citizens, especially in the cordoning of the area, pag kailangan po ng tulong from ordinary citizens, pwede po. Next, safeguard the area by physically isolating it. Ito po ang pinaka-importante.

Ang role ng first responder is as much as possible, the area should be well preserved. Now, how will you preserve the area? How will you isolate it? You can isolate it by putting a cordon, cordoning the area. Ang tanong ngayon is, what if sir, there is no cordon?

or the police officers failed to bring with him a cordon so pag walang cordon po poidi po according to the manual in the criminal investigation at saka yung sa pop or police operational procedure poidi po you can put barricades like tables chairs or anything that can isolate the crime scene from from the outside surroundings next is subsequently permit only authorized person to enter the area authorized Because if you allow somebody to enter the crime scene, that somebody might contaminate the evidences that are inside. So, in as much as possible, only persons who are authorized to enter the crime scene. Next, separate the witnesses in order to obtain independent statements.

What is the reason? Why do we have to separate witnesses? Number one, for our testimony, the statements that we will get is independent.

What does independent mean? Independent means, the statement by the witness is not a replication or a duplication of the testimony of the other witness. Because what will happen there, if you put In an interview, the two witnesses in one area, ang mangyayari po, the first witness might only duplicate or replicate the statements of the other witness. So in order for you to have independency in terms of the testimony, dapat po separated yung pag-interview natin sa mga witnesses.

Next, golden rule po ito, do not touch or move. any object discuss for nothing answer next slide and lastly definitely assign the duties of the search of assistance are present so it up you my initial steps in criminal investigation now again put up with is a do not touch or move any object and tanu put it oh what should then be the primary job of an investigator before applying this rule Ang do not touch or move any object, tinatawag po yung MAC rule. M-A-C.

MAC rule. Ano po bang ibig sabihin ng MAC? Ibig sabihin ng MAC, do not move, alter, or change the crime scene.

Take note po ha, MAC. Do not move, or alter, or change the crime scene. MAC rule po ang tawag dyan.

Do not touch or move. any object. But the question right now again is what should be the primary job of the investigator before applying this rule?

Nakalagay po dyan. Binigyan ko po ng answers. Una, ganito po. If the victim is alive, okay?

If the victim is alive, the investigator should gather information from the victim while calling the assistance of an ambulance. If the victim is alive. Then after you got the statements and the victim has already been removed and is brought to the hospital, that's the time that the measurement, the sketch, and the photograph of the crime scene are taken.

Klarong-klaro po ha. Again, pagbuhay po yung victim ha, ang gawin mo po. Okay, baka lalabas to ha sa board exam.

Pag buhay po yung victim ha, ang gagawin mo is to gather information while calling for an ambulance. Number two, pag nandyan na ang ambulance tapos the victim has already been taken away and has been brought to the hospital, dyan na po mangyayari ang measurement, yung sketch natin, tsaka yung photograph. Now ang tanong, what if the victim is already dead? patay na po yung biktima pag patay na po yung biktima ang gagawin po is sketch muna tayo measurement muna tayo photograph muna tayo after that tapos na po sa sketch tapos na po sa photograph tapos na po sa measurement dyan na po pwedeng i-remove yung dead body ng biktima pag patay na po Okay, I hope that is very clear, cadet.

I hope that is very clear. So again, pagpatay na po yung biktima, the body should be removed only after the crime scene is measured, sketch and photograph. Next, sa criminal investigation, pinakakomun po ito, yung tools of investigation.

Okay, very common, cadets. Actually, sa PRC, tsaka yung sa TED course contents, It usually highlighted on the tools of investigation. So possibly po, marami pong posibilidad na lalabas po itong three I's. Ang tools of investigation, as I have said, are also known as three I's. I, letter I.

Tatlong I's of investigation. I's in a sense that every first letter starts with, every first letter of the word starts with letter I. So information, interview.

instrumentation we will discuss this exhaustively now let's start with information information as the first tool or the first eye of criminal investigation refers to the knowledge or the data which an investigator acquires from records and persons regular source is acquired from open sources records files cultivated sources are information furnished by informants informers, grapevine source are information given by the underworld characters such as prisoners or criminals. Now, before we differentiate what regular source, cultivated source, and grapevine source mean, we will classify first information into two general types. There are only two general types of information. First, overt information.

The second is covert information. Ano bang ibig sabihin ng overt information? When we say overt, from the word overt, meaning these are information obtained through open sources.

Open sources ha? Overt. Covert, on the other hand, from the word cover.

Dapat itong po ang mga clues na makatutulong sa atin. Covert information, meaning these are information obtained through closed sources. For example, surveillance. Close sources po yan. So, covert information.

So again, overt, open, yung covert closed sources. Now, yung specific types of information naman, itong tatlo na to, yung regular source. Ano ba ibig sabihin ng regular source?

Yung open sources pa rin po. Yung, for example, if you get an information coming from the newspaper, open source po yan. So, ano tawag?

Regular. source. Pangalawa yung cultivated source of information.

Ano ba ibig sabihin ng cultivated source of information? Ito po yung information obtained from informants tsaka yung informers. Ang tanong ngayon, what is the difference between informants and informer?

Ibig sabihin ng informer, these are persons who gives information in exchange of? In exchange of? money. Alright?

Informer, these are persons who gives information in exchange of money. Informant, on the other hand, these are persons who gives information without expecting monetary values. So, that's the difference between these.

So, it means that cultivated source of information, this is the information from sah? Galing sa informants, sa kayo sa informer. Yung pangatlo po, yung grapevine source, ito po yung mga information taken from underworld characters.

For example, yung mga criminals natin, kumuha tayo ng information sa kanila. Yung mga prisoners natin, kumuha tayo ng information sa kanila. Yung mga gang members.

So, yung mga information na yan ay tinatawag na grapevine sources. Now, the second... ay po, or pangalawang tool of investigation, ang tinatawag nating interview. Later on, differentiate po natin anong pinagkaiba ng interview tsaka yung interrogation.

Pero punta muna tayo sa interview. Ang interview po as the second tool of investigation is considered as the process of questioning. Questioning a person who is cooperating. Dapat naka-cooperate po yung tao.

okay the purpose of the line of questioning is to obtain information okay so definition of my kitchen uses slide okay I'm definition of my kitchen uses like an interview is basically on finding information about what was done what was sent felt heard tasted smell or known by by the interview we will say interview young town tina tanong this is the questioning of a person believed to possess knowledge that is in official interest to the investigator but you have to put in mind pag interview po ang interviewee or ang person that is subject to questioning is cooperating now ang interview is applicable po siya sa mga witnesses okay applicable po ha sa witnesses later on we will again talk about interrogation malalaman nyo later on that interrogation is different from interview. Now, what is the purpose of the interview? Again, to obtain information coming from the subject.

Take note that the basic assumption in the interview is that nobody has to talk to law enforcers. When I say nobody has to talk to law enforcers, I am referring to the right. the right as embodied under the Philippine Constitution of a particular person not to cooperate in the line of questioning. The person has the right to remain silent po. So pag ang tao will not concede on your request on the process of the interview, wala po tayong magawa kasi karapatan po yan ng subject.

Pero in as much as possible, because the police officers cannot compel, anybody to talk, dapat po ang police officer should be a person who can persuade. Who can persuade, of course, within legal and ethical limits to talk with the law enforcers. That is why, yung criminal investigation, tinatawag yang RT po yan. Yung interview that is part of criminal investigation, RT po yan.

Kasi, it is Your job as a criminal investigator to make or to establish necessary tactics or methodologies just to convince anyone to talk. So again, review po natin yung interview para po yan sa mga witnesses who are believed to cooperate in the line of questioning. Now, in addition, in addition po, sa criminal investigation, may tinatawag po tayong ironic. format okay ironic format okay the pota you can you can memorize the the this abbreviation when it's ironic this refers to identity rapport opening statement narration i stands for inquiry the last one is on conclusion so when you see identity prior to the commencement of an interview the investigator should identify himself his name his rank, his designation, the investigator has to present himself to the subject. Ang ibig sabihin po ng rapport is yung connection niyo po, connection from the criminal investigator towards the person being interviewed.

If there is already a connection, a positive feeling between the investigator and the subject, po yun po, opening statement. When you see opening statement, the investigator must have to indicate why the subject is being contracted or why the subject has been the point for the interview or the subject for the interview. Tapos, letter N, narration. When you see narration, the witness should be allowed to tell all he knows with little interruption from the investigator.

Meaning, when you see narration, you allow the witness to tell. tell the story with little interruption lang po. When you say little interruption, you might ask about repeating the statement but not necessarily rebutting or arguing with the statement.

You allow the witness to tell the story. Next would be the questioning. Pag tapos na po yung narration, dyan na po mag take ng opportunity to question the interviewee.

Ang tinatawag po sa stage na yan is inquiry. Once you finish all of it, you can now proceed with the conclusion. Now, take note in the ironic format. In the ironic format, we have to understand the general rules in questioning. The general rules in questioning is that there should be one question at a time.

So, when we say one question at a time, This is a process of giving the subject the opportunity to state the story, to describe the story in its own perspective. Dapat hindi po sunod-sunod yung question. Dapat one question at a time po. On the other hand, dapat you should avoid the implied answers and questions have to be simple.

And questions should be open-ended. Hindi po dapat close-ended. Kasi kapag close-ended po yan, when you say close-ended questions, this refers to the questions answerable by yes or no. Dapat open-ended po. For example, you will ask the subject, can you describe what happened?

That's an open-ended question. But if you will ask the individual like, did you witness the crime? Yes or no? That's a closed type of question. and it only consists Strict or it only isolate very limited information.

So, dapat open-ended question po ang ibigay natin in the line of questioning. Now, as I have stated a while ago, we need to differentiate the two, interview and interrogation. Again, an interview is a line of questioning to the person who is cooperating.

And the interview is only applicable to witnesses. To those who are reviewing. An interview is for witnesses. The interrogation is for suspects.

Okay? Perpetrators or accused. Again, yung interview is applicable to the witnesses.

Yung interrogation naman is a line of questioning. Pareho lang din po sa interview. Pero ang interrogation is a line of questioning intended to, intended for the, for the suspects. Now, mayroon po tayong legal requirements of interrogation. The statement.

the subject must be obtained voluntary and trustworthy and not by means or use of threat fear coercion duress or any improper tactics which will vitiate the free will of the subject remember Republic 7438 what is Republic 74 38 this is the law that contains The rights of the accused under custodial investigation. We will discuss the custodial investigation later. Now, the legal requirements mean this. We have Miranda rights. The right to remain silent.

The right to counsel. The right to be informed of the nature and cause of accusation. Let's go to the right to remain silent. If the accused or the perpetrator will refuse to talk, we have a problem. If he will refuse to talk, we will have a problem.

Why? Because that will create hassle on our part in the process of solving the crime. However, we have to think also at the other side that refusal to talk is one of the constitutional rights of the accused. So, in reality, we will not have a problem if the accused will Thank you.

will remain silent throughout the process of the criminal investigation. Why? Because that is his right.

Now, if a person has been subjected to brutal experience, for example, what you do is to intimidate him. You intimidate him or you committed police brutality and the person talked after because of the pain and the suffering he experienced. So, nag-confess yung criminal or yung accused. Yung accused or perpetrator nag-confess.

So, ano mangyayari sa confession? Ang mangyayari dyan, lahat ng statements that was taken from the accused is considered to be inadmissible. Kasi ang mga yan ay makonsider po yan na fruit of the poisonous tree.

Ang ibig sabihin po ng fruit of the poisonous tree, these are evidences that can be considered as inadmissible. admissible in court because it was obtained illegally so if you subjected him for with police brutality just for him to confess although you have the confession or the statement coming from the subject still it cannot be used as an evidence so it has to be voluntary now is that it has to be conducted in what we call as an interrogation room. Sa interrogation room po yan. Now take note, ang sit-up po sa interrogation room, ganito po sa nag-review right now. Dapat po ang interrogation room is simple without unnecessary furniture.

Dapat lang po yung minimum requirements lang po na furniture ang dapat na sa loob. For example, the table. And the chair should be the minimum requirements of furnitures that should be inside the interrogation room.

Take note also na ang interrogation room may technical aid po yan. Meaning, it should be installed with a recording device and a one-way mirror. Yan po ang setup sa tinatawag nating interrogation room. Now, In interrogation, same with the interview, may arti po yan.

Para you can have the volition or voluntariness on the part of the subject to confess or to make a statement, dapat may arti ka po. Kaya may tinatawag tayong interrogation techniques. Okay? Remember, these interrogation techniques are legal. Legal po ito.

Kasi yung pagbigyan ng statement is voluntary. Ang una po na technique is ang tinatawag nating emotional appeal. Pangalawa, yung sympathetic appeal. Now, ang emotional appeal, this means as the investigator, you analyze the subject's personality.

Once you are done analyzing the personality of the subject, you decide what motivation would prompt him to tell the truth. Meaning, you observe him. Dito na po, kailanganin yung keen power of observation mo as a criminal investigator.

Try to find out his personality and try to create a methodology or a tactic that is suitable to his personality. For example, let's go to sympathetic appeal. If in case upon observation, you deemed sympathy as a good instrument for that person to talk, then use sympathy.

That is why we have the so-called sympathetic appeal. Why? Because in sympathetic appeal, you utilize this. or you utilize sympathy or friendship okay sympathy or friendship with the subject because if there is a gesture of friendship there might be a probability that the person will cooperate with the line of questioning why because sometimes sympathy friendship is are something that could create a a conducive atmosphere for the person to give a statement.

So, an emotional appeal requires you to analyze the personality of the subject. After analyzing, you make an approach suitable to that personality. And on the other hand, if you find sympathy as one of the suitable approach, then go with a sympathetic appeal where you established friendship.

gesture of friendship with with the suspect now the other interrogation techniques are kindness kindness simplest technique okay simplest technique wherein the investigator tend to be kind and friendly man a friendly in his approach with with the suspect But as simple as that, the simple technique Among the interrogation techniques, kindness is the answer. Second, extenuation. Extenuation, the investigator indicates he does not consider the subject's indiscretion a grave offense.

So basically, when we say extenuation, you tend to reduce the guilt being felt by the suspect. You tend to... What? You tend to mitigate the implication of the act.

You might say like, the crime you have committed is okay, that is fine. It does not affect the whole society in general. So, it's called extenuation.

You tend to mitigate or you tend to reduce the implication of the crime. Because if the implication of the crime is reduced, Baka You have the probability that the suspect will feel comfortable to speak or comfortable to confess. The other one is shifting the blame. Shifting the blame is very simple to understand. Meaning, you transfer the blame to the other individual.

Or you simply transfer the blame to other aspect. So maybe... You ask the investigator if the suspect is a drug addict or a drug pusher, maybe you shift the blame to the government. Or maybe you shift the blame to poverty.

And by shifting the blame, it could create the conducive environment or conducive atmosphere for the person to talk. Next would be Matt and Jeff. I want you to remember this one.

Matt and Jeff Poe. There are two characters involved in this interrogation technique. Matt and Jeff.

Matt's character... This is police officers, meaning two police officers, two interrogators are assigned. The first officer will play the role of Matt. Who is Matt? Matt is a bad investigator, a relentless investigator who is not going to waste any time because he knows the subject is guilty.

Meaning, this is the strictest. Maybe this is the person who will shout in front of the suspect. Pero itong si Jeff naman is the most kind-hearted between the two. The kind-hearted among the two. So si Matt yung stricto.

Si Jeff naman yung very kind. Ang una pong makonfront ng suspect is si Matt. Maybe yung police officer playing the role of Matt might shout, might do jolting, might...

Though anything, in rage, pwede po yan. Mat po. But after Mat will go out, yung pangalawang police officer that will play the role of Jeff will come in.

And he will play an emotional or a sympathetic or a friendly approach to the suspect. In that case, the effect would be the suspect might not confess to Mat, but... there may be a possibility that the suspect will confess to Jeff because of the friendly approach and that friendly approach of Jeff could be something that could establish connection that could persuade the person to talk.

Now, ang isa naman dito is ang tinatawag nating bluff on a split pair. This is applicable when there are more than one suspect. Take note.

In this bluff on a split pair, the suspects are separated and one is informed that the other has talked. So this actually happened in real life. For example, when I was still a part-time instructor in one of the colleges or universities in Negros Oriental, kasi I was very strict in taking the examination. May dalawa pong estudyante kadete. Maynilopong estudyante did not take the midterm examination.

And I know because one of the practices in the people in Negros Oriental is that if there is a fiesta, everybody will attend. But usually during fiesta, wala pong cancellation ng klase. Tapos ang nangyari doon, ang midterm examination was actually scheduled during the fiesta.

but we do not have any choice but to you know but to mandate the students to take the midterm examination. So, what happened is, two of them were absent. So, one of them said, one of them said, Sir, we were not able to cope up with the time because we had a flat tire.

My passenger, one of them, the one in the middle, I asked one of the middle, what happened? Flat tire, Sir. So, what I did, the two middle-aged, day. I separate them into rooms. Okay?

I separate them into rooms. And, you know, employ this kind of method. Bluff on a split pair.

So, what I said, I went to one. What I said to one, the question was very simple. One question only.

Where is the flat tire? Front tire? Because it's a motorcycle.

Front tire or the back tire? Where is the tire? So, sabi ng isa, and I know he was lying on that price. Sabi niya, ano sir, front tire.

Front tire po yung nagka-flat. Okay, okay, are you sure it's the front tire? Sabi niya, yes sir, I'm very sure it's the front tire. So, pagkatapos din, just one question only, I go out and I move to the other guy.

Considered as the passenger in the motorcycle. So, I ask him, sabi ng kasama mo, nagka-flat tire daw. Ang tire na na-flat is yung back. portion, back tire po.

Pero ang sabi nung isa, he's actually front. But I said to him, sabi niya, back tire daw ang nagka-flat. So ano ba talaga ang sayo? Front tire or back tire? So sabi niya, yes, yes, sir, it's really back tire.

So sabi niya, back tire po, sir. Sir, I agree with my with my body. Back tire po yung nagpa-flat.

So there, by listening to the answer of the second guy, I found out and I confirmed that these two persons were actually lying. And that is one of the reasons why they had incomplete remark in the subject. So, yung bluff and split pair po, very essential po ito. Pag again, dalawa yung suspects natin or tatlo yung suspects natin. You can also utilize ang tinatawag nating pretense of physical evidence.

So when you say pretence of physical evidence, you pretend, okay? You pretend. The key word is pretend that a certain physical evidence has been found and the laboratory experts are examining it against him.

So you might go to the suspect and you might say, Confess ka na, mag-confess ka na lang kasi we found your semen coming from the crime scene. And I know the laboratory experts are examining it right now and I know that semen belongs to you. So by pretension that there is an evidence being obtained, the person might confess.

The last one is jolting. Ang jolting po, ito po yung pwedeng ma-utilize natin on calm and nervous subjects. May mga nervyoso kasi tayo ng mga subjects.

Ano ba mangyayari sa jolting? Jolting po, nagagalit ka. You raise the modulation of your voice.

You get angry and you appear as if you are enraged. But in reality, you are not. You are just pretending to be enraged.

But take note, undulting is only for calm and nervous subjects. Those are the interrogation techniques that we can utilize in criminal investigation, particularly on the interrogation technique. However, there are many more... Marami pa po tayong interrogation techniques, but these are the most common ones na pwede nating magagamit sa criminal investigation. Now, ang philosophy po ng interview and interrogation is very simple.

The right officer asking the right questions in the right manner at the right time and in the right place will get the right answer. This cliche should be observed. So, pag ang right officer, an intelligent officer maybe, if you utilize right questions in a right approach at a very good timing time, a very timely manner, in the right place conducive for interview or interrogation, and you will have the right answers. Yan po ang ibig sabihin ng philosophy of interview and interrogation.

So, review lang po natin, maikli lang po. Interview, para sa witnesses po yan. Questioning of a subject who is cooperating.

Interrogation, para po sa suspect. Questioning to a suspect. And the suspect is not cooperating in the line of questioning. Yan po ang pagkakaiba sa interview at saka yung interrogation. Next, ang pangatlo po na I or tool of investigation, ang tinatawag nating instrumentation.

Now, pagbasahin nyo po yung nasa slide. Ibig sabihin po ng instrumentation, this refers actually to the totality or the sum total of all instruments in the detection of crime. For example, you might utilize polygraphy or polygraph, stereoscopic microscope.

Maybe you will utilize bullet comparison microscope. So meaning in instrumentation, what you do is you utilize a part. particular instrument in order to detect crime so in cases where there are no significant physical evidences to be found then the use of instrumentation is relatively unimportant for example how will you know that the semen or the person raped the girl or the victim if you do not get any evidence If you get an evidence, say for example, you have the semen, then the semen could be subjected for instrumentation.

And thereby, you will know that the semen belongs to the perpetrator. Yan po ang importansya ng instrumentation as the last eye of investigation. Now, the confession and the admission cadets, actually this is just a repetition in criminal law.

That's why I said to those who are reviewing right now, what I can tell you, the topics in criminology, major subjects, are interrelated with each other. For example, this confession and admission, this is in criminal law. But we will include this one in criminal investigation because it's included in the CHED and PRC contents.

now my you know confession to the admission now review lampoon at inna uncle fish on pole is a direct acknowledgement of guilt okay a direct acknowledgement of guilt and admission amount of a not out of young indirect indirect acknowledgement of God when we say acknowledgement you you submit yourselves that that accusation is true you acknowledge okay again confession direct acknowledgement of guilt you admission a man indirect acknowledgement of guilt now unconfirmed the wall the wall upon classy okay we have two types two types extrajudicial judicial confusion on extrajudicial po eto po a maca confession done outside the court Done outside the court, for example, during custodial investigation, nag-confess po yung tao. Saan pa ginagawa ang custodial investigation? O dyan sa police station. Police station is outside the court.

So basically, it's an extrajudicial confession. Pangalawa, judicial confession. Yung judicial confession is a confession being done in an open court.

Meaning, this is the confession in front. made in front of the judge or made inside inside the court now my thought might it at our time arraignment the bus criminal procedure marami pong lalabas criminal procedure credits the path of the onan ponyo nap and sin ang criminal procedure now the criminal procedure popin a basic for John arraignment for an Obama arraignment John PMA magbibigay ng ng respond ang perpetrator whether he will plead guilty or not guilty of the offense so if the person will say I am guilty then it's a form of confession if the person will tell the story about the crime matatawag din po yung judicial confession so long as it is being done before the judge or in inside the court As I have stated a while ago, ang admission is an indirect acknowledgement of guilt. Kaya nakalagay po dyan sa slide nyo na makikita ngayon, ang first statement. A self-incriminatory statement by the subject falling short of acknowledgement of guilt. Now, we will differentiate more between the two para maintindihan po natin.

Ang admission, it implicates but does not incriminate. Okay? Admission of guilt but lacks the detail of the elements of the crime. So meaning, para maintindihan po natin.

When we say implicates, that refers to conveying a meaning. Conveying a meaning. It implicates but it does not incriminate.

Admission will convey a meaning to the investigator but it does not. mean that that person is guilty of the accusation. For example, you keep on asking the individual and he just kept on being silent.

There is what we call as admission by silence. Admission by silence. Silence, although it can be a form of admission, but it does not make a person guilty.

Why? Because it only implicates, but it does not incriminate. We see it does not incriminate, meaning it does not make a person guilty of the accusation.

Now, ang admission is acknowledgement of certain facts only. Ang admission would only involve acknowledgement of certain facts. Pero ang confession is an acknowledgement of all the facts in the process of the commission of the crime.

Yan po ang pinagkaiba ng confession at saka yung admission. Ang certain portion or certain portion of the story is admitted. Tawag po niya admission.

Pero pag lahat po, everything has been acknowledged by the perpetrator. that he committed the crime and he performed it and this and the effect was this the person died and then uh it was investigated again such acknowledgement can be considered as Confession. Yan po ang pinakaiba ng confession sa kayong admission. Now, in the taking of the admission and confession, sa lahat ng magiging cardo dalisay dyan, pag-graduate, tandaan nyo po ito.

Tandaan nyo po ito. This is one of the reasons why sometimes cases are left unsolved and cases sometimes became dismissed. The accused became acquitted because of this one.

Dapat tandaan nyo po ito. Sa magkaroon dalisa eh dyan. Rules to be observed in taking confession and admission. O na, it should be preferably in writing and under oath. Dapat notarize po yan ha in front of the lawyer.

It must be written in a language known and understood by the accused. If not, it must be clearly translated. Ano ba ibig sabihin nito?

Ang medium of communication po natin is English or Filipino. Now, pag ang tao is a Cebuano, bisayang dako, bisdak po. So, dapat, yung confession niya should be in Bisnak, should be in Visaya, should be in Cebuano.

Pero, ang requirement po natin is that there should be a translation. Dapat nakatouch po yung translation, Brad, yung English translation niya. Dapat isubmit mo yan. Pero, yung confession niya in Cebuano, may nakatouch lang na translation.

Pangatlo, dapat voluntary po yan. freely and voluntary given by the accused freely and voluntary so you subjected a person to police brutality and the person confess not go in the pool and voluntary and if you have a lot of a so many are a John deep oh yeah Maggie admissible in the court or maybe you intimidate the person you might say if you will go out you will die if you will not confess I knock oh and they because it affects voluntariness in a part of The suspect. Pang last po, ganito. Under the new constitution, it must be taken in the presence of a competent and independent counsel chosen by the accused.

Okay, chosen by the accused. Under the new constitution, it must be taken in the presence of a competent and independent counsel chosen by the accused. So, dapat po, ang sabi ko kanina, dapat may lawyer.

So, pag ang tao mag-confess, kuha ka ng lawyer or let the person select a lawyer. And the confession should be done within the presence of the counsel or the lawyer of the suspect. Ito ang rules natin na dapat nating tandaan ha in taking admission and confession. Now, punta naman tayo cadets sa mga methods of identification. Methods of identification by witness.

May apat po tayo yung verbal description. If it's not identified, because our first aim or the first phase of criminal investigation is to identify the perpetrator. Now, if it's not identified, we have four ways.

First, verbal description. So verbal description would mean the description coming from the witness to describe the criminal. The witness might say, the perpetrator is fat, and black. That's a description.

That's a verbal description. Pwede din po yung rogues gallery. Ano ba itong yung rogues gallery?

Yung rogues gallery po is a database. It's a system containing the files of the suspect. So pwede din po sa photographic files natin i-determine yung identity ng perpetrator. Pag unidentified pa rin, wala sa rogues gallery, pwede din po yung general photograph. Sa general photograph, po, the investigators show the witness the variety of facial types.

The picture only represents different features of the face. Ano ba yung structure ng itsura niya? Malapad ba yung ilong?

Matangos ba yung ilong? Yung mga ganito ng mga aspects na ipapakita sa witness. And let the witness select what specific feature was the perpetrator that he saw.

Yung last, Yung artist assistants, when you say artist assistants, may tao po, natin itawong na artist na marunong mag-drawing. For example, sabihin mo, may itim yung buhok niya, curly hair. So, i-sketch po yan ng artist. And usually, mabubuo yung image ng unidentified suspect.

Now, if those four strategies may not work, You can proceed with the line up. We have what we call a line up. First thing to remember, Ang line up po consists of 7 to 10 persons.

Okay, take note. Ilan po ba ang tao? 7 to 10 persons.

Pangalawa, witness is instructed before entering the line up room to the fact that the suspect is among the persons in the group. Okay, he should be instructed na nandyan yung suspect sa room. Pangatlo, the line up members, yung pitot.

hanggang sampo should be instructed not to talk unless voice recognition is is required pero pag walang voice recognition this should not be allowed to talk pang apat the witness desires the land of members to perform certain actions then he should communicate this information discreetly ano ibig sabihin ng discreetly secretly ha in secret to the investigator so pag sabihin ng witness na i want them to dance because by letting them dance i can identify who is that particular suspect so you have to inform this kind of request or you have to tell this request secretly with the investigator now if there is more than one witness they should make their identification separately why in order to avoid again duplication or replication of ideas now generally speaking the seven to ten persons po yan. Same hair color. Yung clothing niya is the same. The same po in appearance.

Yan po ang general rule of thumb in police lineup. Now, another thing is on circumstantial evidence. Okay?

This is a repetition sa criminal law. But I have to emphasize this because this is part of the course contents of CHED and PRC. Ang circumstantial evidence, from the word circumstantial. Circumstances, meaning this refers to events and circumstances that can be considered as an evidence. Now, circumstantial evidence is identification established indirectly by proving other facts or circumstances from which either alone or in connection with the other facts, the identity of this perpetrator can be inferred.

For example, love triangle between Pedro, Juan, and Maria. So the love triangle could be a circumstantial evidence. For example, Maria died and it was known that Maria was being raped. Okay? He was being raped.

So the love triangle could be a circumstantial evidence. Or maybe Pedro died by means of stabbing. So the love triangle could be a circumstantial evidence to pinpoint who wants to be the suspect of that particular crime. It's called circumstantial evidence.

Ang tanong ngayon, pwede ba maging sufficient ba ang circumstantial evidence to produce conviction? Sufficient ba ang circumstantial evidence to produce conviction? Ano po ang sagot?

Ang sagot po is, it can be sufficient. It can be pwede po maging sufficient yan to produce conviction. Pero, in order for circumstantial evidence to produce conviction, take note po kadet, Dapat more than one circumstance po.

Dapat more than one circumstance yan. Para makaproduce ka ng conviction. Pangalawa, when the facts from which the inferences derived are proven.

Ano ibig sabihin nito? Kung love triangle ang circumstantial evidence mo dapat, there should be a proof that will prove that there is really an existence of that love triangle. Pangatlo, If you will combine the circumstances, kasi more than one yan eh. If you will combine the different circumstances, it would be enough to produce a conviction beyond reasonable doubt. So pag na-meet po yung requirements ng mga yan, pwede po ang circumstantial evidence can be enough to produce conviction.

Now, the question right now is, what must be inferred to prove? identity by circumstantial evidence. Pwede ba? Na malaman mo yung identity ng perpetrator by means of circumstantial evidence? Maybe.

If this is the situation po, one person is running. He is bringing with him, he is holding with him a knife and that knife is stained with blood. And his shirt, his t-shirt is also stained with blood.

And he comes from, he is running from a particular corner. And when you happen to go to that corner, you saw a dead body of the individual. Okay? Ozing with blood, with stab wounds.

Even though you did not see the person or that guy running with a knife in his hand, kahit hindi mo yan nakikita on the act of the performance of the stabbing incident, it will give you a circumstantial evidence, an idea, na possibly ang tao that runs, that escaped from that corner, was actually the one who perpetuated the crime. So may establish yung identity. Pero dapat po, makikita dito ang mga elements na tinatawag natin yung motive, intent, opportunity, at saka yung iba.

When we say motive po, this refers to a factor that pushes the person to commit the act. For example, jealousy. The love triangle. Pwede po yan.

Hatred. Vengeance. Pwede po as a motive that will push the person to commit the act. Ang accomplishment of the act, ang tawag po dyan intent.

Kuha niyo po, motive. Something that pushed the person to commit the act. Intent is the accomplishment of the act.

Opportunity, on the other hand, is the physical possibility that the suspect could have been committed the crime. It may be deduced from the following. Suspect could have been in the vicinity of the crime.

Knowledge of the criminal objects and the absence of alibi. By the way, sa korte po ang alibi, ito yung tawag po yung weakest evidence. Weakest form of evidence in the court. Now, so if there is a motive, an intent, an opportunity, it can be used to infer and to prove the identity of the suspect.

Last, if the suspect is not identified through circumstantial, through line-up, through rogues gallery, through artist sketch, so on and so forth. If it is not identified, lastly, we can utilize what we call as physical evidences. We can... Actually, identify persons. Kasi pag ang tao ng rape, tapos he is not identified.

But the semen of that person is left at the crime scene. My goodness, you can have that semen and identify him. So, by the use of physical evidences, pwede pong ma-identify ang persons.

Ang tanong ngayon, ano ba ibig sabihin ng physical evidence? Physical evidence, these are articles and materials which are found in connection with the investigation and in aid. Establishing the identity of the suspect. These are tangible.

Can be touched, can be seen. Articles and materials that can be used as an evidence. These evidences are found in the crime scene. Now, tatlo po yan. Corpus delicti evidence, associate evidence, atsaka yung tracing evidence.

Mga kadete, yung corpus delicti very common po. Sabihin natin. the body of the crime.

It's body of the crime. Corpus Delicti, the body of the crime. Question right now is what is body of the crime?

When can you say that it's the body? When you say Corpus Delicti, it does not literally refer to the physical body. But rather this refers to the elements of the crime.

Elements of the crime. For example, yung theft, theft na krimen. Hindi naman po pwede sabihin mo na ang corpus delicti evidence of theft is the dead body of the victim. Kasi sa theft, walang dead body po.

Ang sa theft po, ang nawawala dyan is yung item, yung property. So yung property is one of the corpus delicti evidence that will prove that there is theft. Kuha nyo po. But if the crime is homicide, then homicide is killing of the individual. So, there should be a dead body if it's a consummated homicide.

But if it's frustrated, of course, there's no dead body if it's a frustrated homicide. So, it means that the elements of the crime, that will be the corpus delicti evidence. If it is a burglary, the closed doorknob, the closed jealousy, that will be the corpus delicti evidence to prove that there is burglary so again body of the crime ha corpus delicti purang ibig sabi na body of the crime these are the elements that needs to be that needs to be proved pangalawa yung fingerprint take note po in 2010 criminology licensure examination pangatlo po tatlong bisis lumabas po to ang fingerprint po is an associative evidence okay these are pieces of evidence that will lead the suspect to the crime scene.

weapons, tools, garments, or prints. Tracing evidence, on the other hand, are articles which assist the investigator in locating the criminal. Stolen goods in the position of the suspect is an example of a tracing evidence. Or another example, para maintindihan yung tracing evidence saka yung associative evidence. Yung mga bloodstains, footprints ito po mga associative evidence po ito pero pag ang tao wala na sa crime scene okay for example rape yung case wala na siya sa crime scene ando na siya sa bahay niya and as the investigator when you go to his house you saw the shoes of the person and when you examine the shoes of the person may nakikita ka na soil deposited on the shoes of the person.

And when you examine that soil, it so happened that that soil is of the same quality with the soil of the crime scene. Diba? So ang soil taken from the shoes of the person as an evidence can be considered as a tracing evidence that will prove nga ang tao na yan was there at the crime scene. Kasi iba yung soil quality of their house and the soil quality of the crime scene.

And you found out that the soil quality deposited in the shoes is actually coming from the crime scene. So the soil in that instance is a tracing evidence. Yan po ang pinagkaiba ng corpus delicti. Associative evidence, tracing evidence.

Last, in order to introduce physical evidence in court, in order to introduce ha? So that it will be admissible in court. You listen up, Cardo Dalisay people.

So that it will be admissible. It's either corpus, associative, or tracing. For it to be produced in the court, we should be able to accomplish these requirements. Number one, it should be properly identified. It should be properly preserved.

We have markings on evidence preservation. Second, Chain of custody must be proved. You will be transferring your evidence from you to the other person.

The chain of custody must be established. Because if the chain of custody is not established, we are dead. It will not be used in court. Third, the evidence must be material and relevant.

It means that your evidence must be related to the case being investigated. They didn't even want to put boy in there. na mag-present ka ng painting, tapos yung krimen mo is homicide. Or maybe the crime is ilaybil, and you are presenting the court with a knife.

Di po po ide. So that has to be relevant or material in the court. Mga kadets, sa nagre-review online, I would like to stop in this slide muna.

We'll be breaking the discussion into three episodes para at least I can give you time to relax. yung sa second episode po okay yung sa second episode will be on crime scene investigation proper na yung topics importante din po that you have to uh review you go with the discussion in episode 2 kasi importante din po yun lahat na mga discussion na nasa episode 2 is aligned with prc and chedda pwede magagamit nyo

Transcript for:Criminal Investigation Fundamentals

Transcript for:
Criminal Investigation Fundamentals