CHAPTER I

GENERAL PRINCIPLES OF INVESTIGATION

1. Investigation Defined – The collection of facts to accomplish a threefold aim:

1. to identify the guilty party;
2. to locate the guilty party; and
3. to provide evidence of his guilt.

In the performance of his duties, the investigator must seek to establish the six
(6) cardinal points of investigation, namely: what specific offense has been committed;
how the offense was committed; who committed it; where the offense was committed;
when it was committed; and why it was committed.

2. Tools of an Investigator in Gathering Facts:

1. Information – Date gathered by an investigator from other persons including
the victim himself and from:
1. Public records;
2. Private records; and
3. Modus Operandi file.
2. Interrogation – Skillful questioning of hostile witnesses and suspects.
3. Instrumentation – Scientific examination of real evidence, application of
instrument and methods of the physical sciences in
detecting crime.
3. Phases of Investigation:
The main objective of police investigator is to gather all facts in order to:
1. identify the criminal through
1. Confession;
2. Eyewitness testimony,
3. Circumstantial evidence; and
4. Associate evidence;
1. trace and locate the criminal; and
2. proved by evidence the guild of the suspects/s.

In improving the guild of the accused in court, the fact of the existence of
the crime must be established; the defendant must be identified and associated
with the crime scene; competent and credible witnesses must be available; and
the physical evidence must be appropriately identified. The proof of guild will
depend on the establishment of the essential elements of the crime. The
investigator must know by heart the elements of specific crime.

5. Standard Methods of Recording Investigative Data:

1. Photographs;
2. Sketching crime scenes;
3. Written notes (what you have seen or observed);
4. Developing and lifting fingerprints found at the crime scene;
5. Gathering physical evidence;
6.Plaster cast;
7. Tape recording of sounds;
8. Video tape recording of objects; and
9. Written statements of subject(s) and witnesses.

6. Scientific Examination of Real Evidence.

1. The Crime Scene Search
1. Processing and Securing a Crime Scene – Processing a crime scene includes the
application of diligent and careful methods by an investigator/policeman to
recognize, identify, preserve and collect fact anditems of evidentiary value that may
assist in reconstructing that which actually occurred. The crime scene is the area
surrounding the place where the crime occurred. The processing of the area at the
scene includes all direct traces of the crime. And this is determined by the type of
crime committed and the place where the act occurred.
2. Protecting the Crime Scene and the Evidence – Successful crimes scene
processing depends upon the policeman’s or investigator’s skill in recognizing and
collecting facts and items of value as evidence, and upon his ability to protect,
preserve, and later, to present these in a logical manner. This requires making
 careful and detailed notes and
sketches; written statements and transcribing verbal statements of
witnesses, suspects and marking and preservation of collected physical
objects of evidentiary nature.
1. Laboratory examination of objects and substances located usually at the crime
scene. Objects and substances needing examination in some cases are carried,
intentionally or unintentionally, by suspects from the crime scene.

3. Investigator’s Notebook.
Purpose: Considering the mass of details and the number of cases which in some
instances an investigator is handling, it is very possible that he might forget some details.
Many of the details associated with the investigation, while not essential to the report,
might become points of interest to the court when the case is brought to trial.
Experienced investigators employ a handbook to record the relevant details of the case.
During trial, the court allows investigators to consult their notes to refresh their
memory.
1. Recording Note: The data of the investigation should be recorded in a complete,
accurate and legible fashion so that in the event another investigator isrequired to
assume the responsibility for the investigation, he can make intelligent use of the
notebook.

4. Interview – is the process of eliciting information from witness and confidential

informants.

5. Custodial Investigation/Interrogation. It is the skillful questioning of a suspect or a

hostile witness to divulge information on the crime being investigated.
It must be remembered, however, that police investigators cannot learn proper
Interrogation merely by reading books. The success of interrogation depends on its
legality, topic, physical insight and experience.
 CHAPTER II
ARREST, RAID, SEARCH AND SEIZURE & INQUEST PROCEDURES

1. ARREST
1. Arrest Defined – Arrest is the taking of a person into custody
so he can answer for the commission of an offense.

2. Who are exempt from Arrest?

1. Senators or members of the House of Representatives, while Congress
is in session, in all offenses punishable by not more than six (6) years
imprisonment.
2. Diplomatic officials and their domestics.

3. Duty of Arresting Officer. It shall be the duty of the officer

executing the warrant without unnecessary delay to arrest the accused and
to deliver him to the nearest police station or jail.

4. Techniques in Making Arrest.

1. Initial contact with subject.
1. Investigator/operative identifies himself in a clear and audible
voice.
2. Show identification.
3. Inform the subject that he is under arrest.
4. Consider the possibility that the subject is wanted for another
crimes.

2. Methods of Arrest:
1. With warrant of arrest – the officer shall inform the person to be
arrested of the cause of the arrest and of the fact that a warrant
hasbeen issued for his arrest, except when he flees or forcibly
resist before the officer has opportunity so to inform him or
when the giving of such information will imperil the arrest.
The officer neednot have the warrant in his possession at the
time of the arrest but after the arrest, if the person arrested
so requires, the warrantsshall be shown to him as soon as
practicable.

2. Without a warrant of arrest – The officer shall inform the person

to be arrested of his authority and the cause of his arrest,
unless the person to be arrested is then engaged in the
commission of an offense or is pursued immediately after its
commission or after an escape, or flees or forcibly resists
before the officer has opportunityso to inform him, or when the
giving of such information will imperil the arrest.

3. Investigator’s/operative’s conduct.
1. Be natural and pleasant but forceful and aggressive.
2. Dominate the situation.
3. Voice must command authority
4. Demand prompt and absolute obedience.
5. Nervousness should be controlled.
6. Avoid acting “tough” as the subject will be the first to detect it.
7. Avoid profanity (this reflects personality weakness).
8. Avoid being reticent or apologetic.
9. Avoid unnecessary conversation.
10. Investigator in charge does the talking and gives the
commands.

5. Life of a Warrant of Arrest. A Warrant of Arrest, even if not

served within the statutory period, remains valid unless recalled by the
issuing court, or if the accused is arrested or has voluntarily submitted
himself to the jurisdiction of the issuing court, unlike a search warrant which
has a lifetime of only ten (10) days from its date of issuance.
6. When arrest may be Legally Effected.
1. In general, an arrest can be validly affected only upon lawful order of
warrant of a competent court or judge.
2. Lawful Warrantless Arrest:
1. When, in the law enforcer’s presence, the person to be arrested
has committed, is actually committing, or is attempting to
commit an offense.
2. When an offense has in fact just been committed and the officer
has personal knowledge of facts indicating that the person to
be arrested has committed it.
3. When the person to be arrested is a prisoner who has escaped
from a penal establishment or place where he is serving final
judgment or temporarily confined while his case is pending, or
has escaped while being transferred from one confinement to
another.
4. If a person lawfully arrested escapes or is rescued, any person
may immediately pursue or retake him without a warrant at
anytime and in any place within the Philippines.
5. When the arrest is made by a bondsman for the purpose
of surrendering the accused.
6. Where the accused released on bail attempts to leave the
country without court permission.
7. Violation of conditional pardon, punishable under Article 159 of
the Revised Penal Code as a case of evasion of service of
sentence.

7. Planning the Arrest.

1. This is responsibility of the chief team leader or officer acting in his
absence.
2. If the arresting party is composed of two (2) or more members,
somebody must be placed in charge, preferably the most experienced.
3. Consider the arresting party and covering party.
4. Consider protection of innocent bystanders.
5. Prevent escape of subject.
6.Make a discreet reconnaissance of the area.
7. Determine weapons and equipment needed.
8. Consider superiority of manpower and firepower.
9. Make the plan simple enough to be understood by the least experienced
operative/investigator.
10. Consider the element of SURPRISE. (Daybreak has proven satisfactory
for a number of successful arrest).
11. Consider SPEED in the execution of the plan.
12. Consider overall coordination.
13. Consider concealment or cover that might be available both in effecting the
arrest and removing the subject from the building.
14. The briefing officer should ask the participants if they have anyquestions
regarding the plan.

8. Who May Execute Arrest? Among others, members of the

PNP and the NBI may effect arrests.

9. How to Effect Arrest

1. In General. An arrest is made by an actual restraint of the person to be

arrested, or by his submission to the custody of the person making the
arrest.
No violence or unnecessary force shall be used in making an arrest, and
the person arrested shall not be subjected to any greater restraint than is
necessary for his detention. (Sec. 2, Rule 113)
2. Making the Arrest.
1. Use good judgment in connection with the arrest.
2. Assume that the subject is armed and will take your life if given an
opportunity.
3. Arrest on the Street.
 1. This should be made from the side or rear when possible.
2. Subject should be forced toward a building
3. Avoid congested areas when possible.
4. Arrest at Home, Office or Business Establishment.
1. Restrict the subject’s movement. Do not grant request for
personal privileges before being searched.
2. Clothing and other things requested should be examined for
weapons or items of evidence before turning them over to the
subject.

10. Territorial Effectively of a Warrant of Arrest. Warrant of arrest

issued by Metropolitan Trial Court, Municipal Trial Courts or Municipal Circuit
Trial Courts can be served anywhere in the Philippine without a certification
by a judge of the Regional Trial Court. (Supreme Court Circular No. 14, 22
Oct 85.)

11. Duty of Person Making an Arrest Without a Warrant. Any

person making an arrest on legal grounds shall, without unnecessary delay
and within the time prescribed under Art. 125 of the Revised Penal Code,
take the person arrested to the proper court or judge for appropriate action.
However, it is not the physical delivery of the arrested person that is required
under Art 125 of the RPC, but the filing of an information against the arrested
person in the proper court, where the judge has the authority to issue an
order of release or of confinement.

12. Periods Within Which Person Arrested Without a Warrant

Should be Chargedin the Proper Forum. Executive Order No. 272, dated
25 July 1987, amended Article125 of the Revised Penal Code by extending
the period authorized to detain a person prior to delivery to the judicial
authority, to wit: six (6) to twelve (12) hours for crimes or offenses punishable
with light penalties; nine (9) to eighteen (18) hours for crimes or offenses
punishable with correctional penalties; and eighteen (18) to thirty six (36)
hoursfor crimes or offenses punishable with afflictive or capital penalties.

13. Right of Attorney of Relative to Visit Person Arrested. Any

member of the bar shall, at the request of the person arrested or of another
on his behalf, have the right to visit and confer privately with such person, in
jail or any other place of custody at any hour of the day or, in urgent cases,
of the night. This right shall be exercised by any relative of the person
arrested to reasonable regulation (Sec. 14, Rule 113) Executive Order No.
155, dated March 1987, amending Republic Act No. 857, penalizes any
public officer who deprives a person of his right to counsel. The penalty shall
be prison correctional or imprisonment of 6 months and 1 day to 6 years.

14. Medical Examination of Arrested Person/Suspect. Immediately

after the arrest of a person ordered arrested by the court, or of a suspect
under investigation, he should be subjected to a medical examination. Prior
to his release or any change of custody, the suspect should also be medically
examined by a medico-legal officer or, in the absence of such medico-legal
officer, by any government physician in the area.

15. Summoning Assistance for the Arrest. Any officer making a

lawful arrest may verbally summon as many as he deems necessary to aid
him in making the arrest. Every person so summoned shall aid him in the
making of such arrest when he can render such aid without detriment to
himself (Sec 10, ibid)

16. Right of Person Arrested. Republic Act No. 7438 states the
right of a person arrested, detained or under custodial investigation.
(Appendix A)

17. Search Defined. Search is an examination of an individual’s person, house

papers or effects, or other buildings and premises to discover contraband or some
evidence of guilt to be used in the prosecution of a criminal action.

18. Search Warrant Defined. A search warrant is an order in

 writing issued in thename of the People of the Philippines, signed by a judge
and directed to a peace officer, commanding him to search for personal
property described therein and to bring it before the court. (Sec 1, Rule 126)

19. Item to be Seized. A search warrant may be issued for the

search and seizureof the following personal property:
1. Property subject of the offense;
2. Property stolen of embezzled and other or fruits of the offense and
3. Property used or intended to be used for committing an offense. (Sec 2,
ibid)

20. Probable Cause Required for Search Warrant. Probable cause

means that sufficient facts must be presented to the judge issuing the
warrant to convince him that circumstances sufficiently establish the need
for the issuance of the warrant.

21. May Things Illegally Seized be Admitted in Evidence? The

fruits of an illegal search are inadmissible as evidence. Any evidence
obtained in violation of the right of the people against unlawful searches and
seizure shall be inadmissible for any purpose in any proceeding. (Sec 3(2),
Art. III, 1987 Constitution.)

22. May Articles Not Mentioned in the Searched Warrant be

Seized? Generally, articles not included in the search warrant may not be
seized. However, articles prohibited by a statute, although not included in
the search warrant, may be seized. Thus, if during the progress of a bonafide
search for other commodities illegally possessed, whether with search
warrant or not, contraband or items declared as illegal per se are discovered,
the contraband can be seized. The seizure of goods, thepossession of which
is forbidden by statute, violates no constitutional right of theaccused.

23. How to Serve a Search Warrant. A search warrant must be served within
ten
1. days from its date (thereafter, it shall be void) Sec 9, Rule 126) in the following
manner:
1. The police officer concerned must go to the place indicated in the search
warrant and take the things described therein, in the presence of atleast one
competent witness who is a resident of the neighborhood. If heis refused
admittance to the place of search after giving notice of his purpose and
authority, he may force himself in to execute the warrant; and if he is detained
therein, he may force himself out to liberate himself. (Sec 6, ibid)
2. The search must be made at daytime, unless otherwise stated (Sec. 8, ibid)
3. The officer seizing the property must issue a detailed receipt of the things
seized to the person in whose possession it was found, or in the absence of
such person, he must, in the present of at least one witness, leave such
receipt in the place where such things was seized. (Sec .10, ibid)
1. In compliance with this procedure, it has been standard practiceto
issue a RECIEPT FOR PROPERTY SEIZED (See Apendix “A”) after
a seizure. The receipt is signed by the seizing officer only and two
witnesses. Recent Supreme Court decision, however, declare that
such receipt when signed by the accused, is in effect anextrajudicial
confession of the commission of the offense charge. (People v de las
Marinas, G.R. No. 87215, 30 Apr 91; and People v Mauyao, G.R. No.
84525, 6 Apr 92). Consequently, if the accused does not sign such
receipt, it may still be used in evidence. Moreover, if the accused DID
in fact sign the receipt, but he signed it with the assistance of a lawyer
of his choice, that act would constitute a valid waiver of his right
against self-incrimination.
2. It must be noted that in the cases cited above, the crime chargedis
possession of prohibited drugs. Thus, the signature of an accused
on the receipt is a declaration against interest and a tacit
admission of the crime charged, as mere unexplained possession
of prohibited drugs is punishable. The doctrine is therefore not a hard
and fast rule as far as the “Receipt for Property Seize” is concerned.
If the crime charged is possession of unlicensed firearms, for
example, the doctrine would apply. In other cases, it will not apply.
 3. Another document which is madder after a search is a
CERTIFICATION OF PROPERTY SEIZED (See Appendix “B”).This
is signed by the owner of the seized property, and would seemto fall
more under the court pronouncement above than the “Receipt for
Property Seized” does.
4. As much as possible, during the opening of safes, drawers, cabinets, tables,
etc., the lifting of the articles should be done by the owner of the house or
his authorized representative, or by immediate members of his family, to
preclude any suspicion of theft of planting of evidence.
5. Thereafter, the officer must immediately deliver the things or property seized
to the judge who issued the warrant, together with an inventory duly verified
under oath. (Sec 11, ibid.)

6. Lawful Warrantless Searches and Seizures:

1. When there is consent or waiver. To be valid waiver, the right must exist,
the owner must be aware of such right, and he must have an intention to
relinquish it.
2. When evidence to be seized is in “plain view.” The discovery of the evidence
must be inadvertent or unintentional.
3. Customs search or searches made at airports/seaports in order to
collect duties. This warrantless search is allowed due to urgency.
4. Search of moving vehicles may be made without a warrant because it would
be impracticable to secure a warrant before engaging in “hot pursuit.”
5. Routine searches made at or in the interest of national security, such as
border checks or checkpoints.
6. Stop-and-search or stop-and-frisk, where the search precedes the arrest,
and is allowed on grounds of reasonable suspicion.
Search incidental to a lawful arrest. A person lawfully arrested may be searched for
dangerous weapons or anything which may be used as proof of the commission of an
offense, without a search warrant. (Sec 12, Rule126)
1. Searches of Person Arrested.
1. “Probe,” do not “pat.” (A woman operative should be used to search
females.)
2. The need to handcuff subject(s). Dangerous and violent criminals, as
well as escapes from prisons and escapes artists, must be handcuffed.
3. Do not stop the search when a weapon is found.
4. Look for items which may be used to commit suicide.
5. Look for items of evidence.
6.Searches should never cross the line of fire.
7. Do not talk to subject(s) in the course of the search.
8. Do not grant subject’s request to attend to something before, during and
immediately after the search.
9. In a search by a single officer, have the gun ready with the hand at a
distance from the subject.
10. Be sure to search every part of the body and clothing.

2. Types of Searches:
1. Wall Search. The purpose is to place the subject in an “off-balance”
position requiring the use of both arms and legs to keep him from falling to the
ground. This is the safest type of search. It does not necessarily require a wall;
any object that can support the weight of the subject (such as a car) can be used.
The procedures are:
1. Require subject to place both hands on the wall slightly higher than his waist. Spread
hands as far apart as possible. Palms should be place against the wall, fingers
extended.
2. The subject’s feet must be extended back away from the wall as far as possible.
Spread them far apart as possible, toes pointed out. Buttocks should not be on an
arched position.
3. The subject’s head should be down or bowed at all times.
4. Mechanics in executing the “Wall Search”:
1. If there is only one subject, the leader of the search should
place himself atone side, while his subordinate is on the other side;
2. To search the other side, the subordinate should move to the opposite side;
3. If there are two or three subjects, move one subject to be
searched on thewall, but out of reach of the others;
4. Search both sides of subject, the leader conducting the
 searches and thesubordinate guarding the other subjects;
5. Move one subject at a time;
6. Subject’s head should be down at all times;
7. the subordinate should concentrate on the actions of the
subject and not theaction of the leader;
8. When there are more than three subjects, additional
personnel should besummoned;
9. In serious apprehensions, the searcher should hold his
weapon in readyposition throughout the search;
10. The body must be searched systematically with the foot of
the searcher placetightly against subject’s foot, right with right, left with left,
anklebone against anklebone;
11. Remove any object found, then examine the palm of the
palm of the hand,including between the fingers.

2. Standing Search.
1. Raise subjects’ hand over his head and spread his feet far
apartas possible.
This is not recommended because the subject is in the “on
balance”position.
3. Kneeling Search.
1. Subject kneels on the ground with hands raised over his head.
This is also discouraged for the same reason as the
“standingsearch.”
4. Prone Search.
1. Subject lies on his stomach with arms and legs outstretched.
2. Subject has both arms and legs free and is at all times in an “on
balance”
position.
3. Front part of clothing cannot be searched.
4. This can extremely dangerous if the subject has knowledge of
judo.

1. Method of Restraint: Handcuff.

The best method of restraint, if applied properly, is a good preventive
measure; but if improperly applied, it could be dangerous.
1. How handcuffs are applied:
1. Take position directly behind the subject.
2. The handcuff is applied when the subject has place his hand on his
back.
3. Do not reach out for the hands of the subject as it will provide him with
an opportunity to grasp the hand of the investigator and throw him
off –balance.

2. When applying handcuffs, give the following orders to the subject and follow
this procedure:
1. First Order: “Take your right hand off the wall and place it on your
back.” Fasten the handcuff to this hand and firmly hold the other
handcuff.
2. Second Order. “Move up and put your hand against the wall.” Allow
the subject to move closer to the wall, making certain his feet remain
back far enough to keep him “off-balance.”
3. Third Order: “Take your other hand off the wall and place it on the
small of your back.” Fasten the other handcuff and double-lock both
handcuffs

4. Final Order: “Stand up and face the wall.” Help the subject in
doing this.

2. Transporting a Prisoner.
1. If transported by jeep, the subject is seated on the right rear seat and police
seats at the rear on the left side facing the subject. Secure the hands of the
subject under his knees.
2. If transported by card, the subject is seated on the left rear seat and the
investigator sits on the right rear seat. Hands of the subject should be
secured under his knees.
 2. RAIDS AND SEIZURES
1. Introduction.
1. Every member of a law enforcement organization
must know the technique ofconducting a raid.
2. Raids are usually made after careful investigation and
when other methods ofaccomplishing the mission are not suitable.
3. Whenever available, men experienced in conducting
police raids should bechosen as raid commanders.

2. Raid Defined. A raid is surprise in invasion of a building or area. It is small

scale attack of a limited territory. Legal basis. A raid must be legal, having
its basis in lawful process and conducted in a legal manner. This will be in
the form of a search warrant or warrant of arrest. The raid may be in pursuit
of a person reasonably believed to be guilt of felony when it is know that the
felony has just been committed.

3. Objectives. The purpose of a raid is usually to:

1. Effect an apprehension;
2. Obtain evidence of illegal activity by surprising the
offenders in fragrantedelicto; or
3. Recover stolen property.

4. Factors Affecting Success or Effectiveness of a Raid:

1. Size of raiding party.
2. Speed
3. Surprise
4. Superiority of arms.
5. Simplicity of plan and operation.

5. Composition of a Raiding Party:

1. Raid commander, assistant raid commander, covering or surrounding party;
2. Going-in detail or entering party;
3. In charge of rendering inoperative the subject’s vehicle, if any;
4. Recover who should keep an accurate log of the raid,
gather evidence, makeinventories and testify in court; and
5. Photographer.

6. Duties of Covering or Surrounding Party:

1. Covers approach of going-in detail or entering party.
2. Prevents the escape of criminals
3. Covers the entire area of the building.
4. Neutralizes fire of barricaded criminals.

7. Duties of Going-In Detail or Entering Party:

1. Calls for surrender of criminals.
2. Effects arrests.
3. Incapacitates and dislodges criminals
4. Searches for evidence.

8. Undertakings. As in purely military operations, a raid, to be successful

must have thefollowing elements:
1. Mission
2. Reconnaissance.
3. Plans.
4. Instructions.
5.Orders
6.Execution.

9. Planning the Raid. The success of a raid depends upon intelligent planning
and competent implementation. To achieve the necessary element of
surprise, the operation must be performed surreptitiously and with speed.
1. The terrain and buildings should be subjected to close study.
2. In order to obtain the necessary data for planning, a reconnaissance/surveillance
of the place should be conducted.
3. The participants should be informed of the nature of the mission.
4. The specific assignment and position of each member of the raiding party, the
tactics to be employed, the equipment and transportation to be used, the
evaluation of possible danger points, and the optimum time to be selected should
be stressed.
5. Things to consider when planning a raid:
1. Need for surveillance.
2. Number of individuals to be apprehended. Are they armed? With what?If
uncertain, assume they are armed.
3. Are photographs and descriptions of subjects available for use in the
briefing?
4. Determine the physical structure of the place where the criminals are
located.
5. Determine all possible escape routes.
6. Need to discreetly photograph the place and immediate area
7. Type of neighborhood where the hideout is located.
8. Volume and kind of activities in the neighborhood at various times (to
determine the most desirable time to conduct the raid).
9. Street plans of neighborhood for possible road blocks.
10. Do the men have confidence in the ability of the raid leader?
11. Consider:
. Speed – in moving into position and the execution of the plan.
. Surprise – catch subjects off-guard.
. Simplicity – plan that is easy to remember and understand; this avoids
confusion.
12. Consider the dividing the raiding party into:
. Cover group: moves into position on first, covers advance of raiding
group and avenues of escape.
. Raid group: disarms and restrains subjects, searches premises secures
evidences, etc.
13. Does every member of the raiding groups know the raid plan completely?
The identities and duties of all?
14. What is your move-out plan?
15. What are the instructions concerning the use of firearms?
16. What are the instructions concerning the possible handling of traffic?
17. What are the instructions concerning communications, signals, etc.?
18. Make sure your plan avoid crossfire.
19. Do you have all equipment you might need, such as flashlights,searchlights,
vehicles, transceivers, loudspeaker, (public address system), firearms,
teargas, etc.?
20. Ask each participant to repeat his duties to the raid leader.

10. Raid Operation.

Coordination of individual efforts is an essential element in the success of a raid.
The raiding party should act as a team. The members of the team must thoroughly
understand the objectives, the plan of action and the orders. Each man should hold his
assigned position until his orders are changed by the team leader. Before leaving the
headquarters to the target, the team leader must conduct a final briefing of personnel.
Assembly of the team at the designated area, should not be too close to the target, they
must not show the appearance o a formal gathering. The raiders’ vehicle must be
safeguarded to prevent its use by the subjects. Vehicles which belong to the subjects
should be rendered inoperative by the simplest available means. Men should be posted,
depending on the number to cordon the area to prevent possible escape and restrain
people from wandering. In the event that the suspect fails to heed the warning to
surrender, entry must be made through one point to avoid mis-encountner. Upon
completion of the raid, guards should be designated to protect the property and to observe
or apprehend associates of the suspect. Reassembly at a designated place for a final
accounting of all members of the raiding team.
11. Coordination with the Local Police Station. It is imperative that
immediately before the service of a search warrant, the team leader should
see to it that proper coordination is made with the commander of local police
station having jurisdiction over the target premises. The coordinating party
will inform the local station that their team is conducting an operation in their
area. This gesture of coordination is not only a manifestation of courtesy but
also a safety measure to avoid the possibility of a mistake encounter.

12. Don’ts in a Raid:

 1. Don’t take unnecessary chances.
2. Don’t underestimate the ability or courage of the subject(s).
3. Don’t raid when not properly prepared.
4. Don’t endanger the lives of bystanders.
5. Don’t use raiders not well-acquainted with each other.
6.Don’t forget gas masks when employing teargas.
7. Don’t be unnecessarily rough on the subject(s)
8. Don’t shoot to kill unless very imperative
9. Don’t touch the evidence unless seen by witnesses, or by the owner or
occupant of the place.

13. Disposition of Seized Items

1. The following will be seized at the scene of the raid:
1. Weapons which may be used against the raiding party.
2. Articles which might be used as a means of suicide.
3. Articles which might be used in escaping.
4. Articles which might be used in the commission of the crime.
5. Proceeds or fruits of the crime (stolen property).
2. Disposition of money and other valuable property:
1. Money should be counted and the serial number of bills noted.
2. Valuables should be sealed in a property envelope in the
presence of the prisoner.
3. Property envelope should show a complete inventory of its
contents.
4. The prisoner should initial the outside of the envelope showing
approval of its contents.
5. Raiding officers should sign their names on the outer part of the
envelope.
6. A receipt should be given to the prisoner. However, this qualified
by the decision of the Supreme Court declaring a inadmissible
in evidence the Receipt for Property Seized, signed by the
accuse, in case where mere possession of the items seized is
punishable.
3. Disposition of articles not covered in a search warrant:
1. If the articles are illicit or contraband, the same must be seized.
2. Such articles may be used as evidence to prosecute the person.
3. Non-contraband articles must be returned to the owners or must
not be seized in the first place.

14. Mug shots and Fingerprints. Arresting units shall at all times
take the mug shots and fingerprints of all arrested persons. Copies thereof
shall be submitted to the PNP Crime Laboratory Service to serve as master
file.

15. Accomplishment of National Crime Reporting System (NCRS).

Operating units concerned shall accomplish regularly the NCRS and all
agencies concerned shall be provided with copies thereof.

16. Report on Arrested Persons. All arrests made shall be

immediately reported to the C, PNP; AIIN; DO, DIDM; PAOCTF (in case of
kidnapping /drugs).

3. INQUEST
SECTION 1. Concept. – Inquest is an informal and summary investigation
conducted by a public prosecutor in criminal cases involving persons arrested and
detained without the benefit of a warrant of arrest issued by the court for the purpose of
determining whether or not said persons should remain under custody and
correspondingly be charged in court.
SECTION 2. Designation of Inquest Officer – The City or Provincial Prosecutor
shall designate the Prosecutors assigned to inquest duties and shall furnish the Philippine
National Police (PNP) a list of their names and their schedule of assignments. However,
there is only one Prosecutor in the area, all inquest cases shall be referred to him for
appropriate action.

SECTION 3. Commencement and termination of inquest. – The inquest

proceedings shall commence upon receipt by the Inquest Officer from the law
 enforcement authorities of the complaint/referral documents which should include:
3. the affidavit of arrest;
4. the investigation report;
5. the statement of the complainant and witnesses; and
6. other supporting evidence gathered by the police in the course of the latter’s
investigation of the criminal incident involving the arrested or detained
person.
The Inquest Officer shall, as far as practicable, cause the affidavit of arrest and
statement/affidavit of the complainant and the witnesses to be subscribed and sworn to
before him by the arresting officer and the affiants.

The inquest proceedings must be terminated within the period prescribed under
the provisions of Article 125 of the Revised Penal Code, as amended. Inquest Procedure

SECTION 4. Documents required in specific cases – The Inquest Officer shall as

far as practicable, require the submission/presentation of the documents listed below, to
wit:
Murder, Homicide and Parricide
7. certified true copy/machine copy of the certificate of death of the victim; and
8. necropsy report and the certificated of post-mortem examination, if readily
available.

Frustrated or Attempted Homicide, Murder, Parricide and Physical Injuries

9. medical certificate of the complaining witness showing the nature orextent of
the injury;
10. certification or statement as to duration of the treatment or medical
attendance; and
11. certificate or statement as to duration of incapacity for work. Violation ofthe
Dangerous Drugs Law (R.A 6425, as amended)
1. chemistry report or certificate of laboratory examination dulysigned by the
forensic chemist or other duly authorized officer. Ifthe foregoing documents
are not available, the Inquest Officer may temporarily Rape, Seduction and
Forcible Abduction with Rape.
2. the medico-legal report (living case report), if the victim submitted herself for
medical or physical examination.

Violation of the Anti-Carnapping Law (R.A. No. 6539)

12. machine copy of the certificate of motor vehicle registration;
13. machine copy of the current official receipt of payment of the registration feesof
the subject motor vehicle; and
14. other evidence of ownership.

Violation of the Anti-Cattle Rustling Law (PD No. 533)

15. machine copy of the cattle certificate for registration; and
16. photograph of the cattle, if readily available.

Violation of Illegal Gambling Law (PD No. 1602)

17. gambling paraphernalia; and
18. cash money, if any.

Illegal Possession of Explosives (PD No. 1866)

19. chemistry report duly signed by the forensic chemist; and
20. photograph of the explosives, if readily available

Violation of the Fisheries Law ( PD No. 704)

21. photograph of the confiscated fish, if readily available; and
22. certification of the Bureau of Fisheries and Aquatic Resources.

Violation of the Forestry Law (PD No. 705) scale sheets containing the volume and
species of the forest products confiscated, number of pieces and other important details
such as estimated value of the products confiscated; certification of Department of
Environment and Natural Resources/ Bureau of Forest Management; and seizure receipt.
The submission of the foregoing documents shall not be absolutely required if there are
other forms of evidence submitted which will sufficiently establish the facts sought to be
proved by the foregoing documents.
 SECTION 5. Incomplete documents. – When the documents presented are not
complete to establish probable cause, the Inquest Officer shall direct the law enforcement
agency to submit the required evidence within the prescribed period under the provision
of Article 125 of the Revised Penal Code, as amended. Otherwise, the Inquest Officer
shall order the release of the detained person and, where the inquest is conducted outside
of office hours, direct the law enforcement agency concerned to file the case with the City
or Provincial Prosecutor for appropriate action.

SECTION 6. Presence of detained person – the present of the detained person

who is under custody shall be ensured during the proceedings.
However, the production of the detained person before the Inquest Officer may be
dispensed with in the following cases:
1. if he is confined in a hospital;
2. if he is detained in a place under maximum security;
3. if production of the detained person will involve security risks; or
4. if the presence of the detained person is not feasible by reason of age,
health, sex and other similar factors. The absence of the detained person
by reason of any of the foregoing factors shall be noted by the Inquest
Officer and reflected in the record of the case.

SECTION 7. Charges and counter-charges. – All charges and counter-charges

arising from the same incident shall, as far as practicable, be consolidated and in quested
jointly to avoid contradictory or inconsistent disposition.

SECTION 8. Duty of Inquest Officer – The Inquest Officer shall first determine if
the arrest of the detained person was made in accordance with paragraphs (a) and (b) of
Section 5, Rule 13 of the 1985 Rules on Criminal Procedure, as amended, which provide
that arrest without a warrant may be affected:
23. when, in the presence of the arresting officer, the person to be arrested has
committed, is actually committing, or is attempting to commit anoffense; or
24. when an offense has in fact just been committed and the arresting officers has
personal knowledge of facts indicating that the person to be arrested has committed
it.
For the purpose, the Inquest Officer may summarily examine the arresting
officers on the circumstances surrounding the arrest of apprehension of
the detained person.

Preliminary Investigation/examination before MTC and MCTC Judges

The MTC and MCTC judge can conduct preliminary investigation. And after
examining the affidavit of complainant/s together with the witness/es in a searching
question and answer the probable cause exist and there is necessity of placing the
respondent under immediate custody, he shall issue a warrant of arrest. Within ten (10)
days after conclusion of preliminary investigation, he shall transmit to the provincial or city
prosecutor for appropriate action.

SECTION 9. Where arrest not properly effected. – Should the Inquest Officer find
that the arrest was not made in accordance with the Rules, he shall:
25. recommend the release of the person arrested or detained;
26. note down the disposition on the referral document;
27. prepare a brief memorandum indicating the reasons for the actiontaken;
and
28. forward the same, together with the record of the case, to the City or
Provincial Prosecutor for appropriate action. Where the recommendation
for the release of the detained person is approved by the City or Provincial
Prosecutor but the evidence on hand warrants the conduct of a regular preliminary
investigation, the order of release shall be served on theofficer having custody of
said detainee and shall direct the said officer to serve upon the detainee the
subpoena or notice of preliminary investigation, together with the copies of the
charge sheet or complaint, affidavits or sworn statements of the complainant and
his witnesses and other supporting evidence.

SECTION 10. Where arrest properly effected. – Should the Inquest Officer find
that the arrest was properly effected, the detained person shall be asked if he desires to
avail himself of a preliminary investigation and, if he does, he shall be made to execute
a waiver of the provisions of Article 125 of the Revised Penal Code, as amended, with
the assistance of a lawyer and, in case of non-availability of a lawyer, a responsible
 person of his choice. The preliminary investigation may be conducted by the Inquest
Officer himself or by any other Assistant Prosecutor to whom the case may be assigned
by the City or Provincial Prosecutor, which investigation shall be terminated withinfifteen
(15) days from inception.

SECTION 11. Inquest proper. – Where the detained person does not opt for a
preliminary investigation or otherwise refuses to execute the required waiver, the Inquest
Officer shall proceed with the inquest by examining the sworn statements/affidavits of the
complainant and the witnesses and other supporting evidence submitted to him.

If necessary, the Inquest Officer shall require the presence of the complaining witnesses
and subject them to an informal and summary investigation or examination for purposes
of determining the existence of probable cause.

SECTION 12. Meaning of probable cause. -Probable cause exists when the
evidence submitted to the Inquest Officer engenders a well-founded belief that a crime
has been committed and that the arrested or detained person is probable guilty thereof.

SECTION 13. Presence of Probable cause. – If the Inquest Officer finds that
probable cause exists, he shall forthwith prepare the corresponding complaint/
information with the recommendation that the same be filed in court. The
complaint/information shall indicate the offense committed and the amount of bail
recommended, if available.

Thereafter, the record of the case, together with the prepared complaint/information, shall
be forwarded to the City of Provincial Prosecutor for appropriate action.

The complain/information may be filed by the Inquest Officer himself or by any other
Assistant Prosecutor to whom the case may be assigned by the City or Provincial
Prosecutor.

SECTION 14. Contents of Information. – The information shall, among others

contain:
29. certification by the filing Prosecutor that the he is filling the same in accordance with
the provisions of Section 7, Rule 112, Rules on Criminal Procedure, in cases
cognizable by the Regional Trial Court;
30. the full name and aliases, if any, and address of the accused;
31. the place where the accused is actually detained;
32. the full names and addresses of the complainant and witnesses;
33. a detailed description of the recovered items, if any;
34. the full name and address of the evidence custodian;
35. the age and date of birth of the complainant or the accused, if eighteen (18)
years of age or below; and
36. the full names and addresses of the parents, custodians or guardians of the
minor complainant or accused, as the case may be.

SECTION 15. Absence of probable cause. – If the Inquest Officer finds no

probable cause, he shall:
37. recommend the release of the arrested or detained person;

38. note down his disposition on the referral document;

39. prepare a brief memorandum indicating the reasons for the action
taken; and
40. forthwith forward the record of the case to the City Provincial Prosecutorfor
appropriate action.
If the recommendation of the Inquest Officer for the release of the arrested or
detained person is approved, the order of release shall be served on the officer having
custody of the said detainee.

Should the City of Provincial Prosecutor disapproved the recommendation of

release, the arrested or detained person shall remain under custody, and the
corresponding complaint/information shall be filed by the City or Provincial Prosecutor
or by any Assistant Prosecutor to whom the case may be assigned.

SECTION 16, Presence at crime scene. – Whenever a dead body is found and
there is reason to believe that the death resulted from foul play, or from the unlawful acts
 or omissions of other persons and such fact has been brought to his attention, the Inquest
Officer shall:
41. forthwith proceed to the crime scene or place of discovery of the dead person; and
42. cause an immediate autopsy to be conducted by the appropriate medico-legal
officer in the locality or the PNP medico-legal division or he NBI medico-legal office,
as the case may be;
43. direct the police investigator to cause the taking of photographs of the crime scene
or place of discovery of the dead body;
44. supervise the investigation to be conducted by the police authorities as well as the
recovery of all articles and piece of evidence found thereat and see to it that the
same are safeguarded and the chain of the custody thereof properly recorded; and
45. submit a written report of his finding to the City or Provincial Prosecutor for
appropriate action.

SECTION 17. Sandiganbayan cases. – Should any complaint cognizable by the

Sandiganbayan be referred to an Inquest Officer for investigation, the latter shall, after
conducting the corresponding inquest proceeding, forthwith forward the complete record
to the City or Provincial Prosecutor for appropriate action.

SECTION 18. Recovered articles. – The Inquest Officer shall see to it that all
articles recovered by the police at the time of the arrest or apprehension of the detained
person are physically inventoried, checked and accounted for with the issuance of
corresponding receipts by the police officer/investigator concerned.

The said articles must be properly deposited with the police evidence custodian
and not with the police investigator.

Inquest Officer shall ensure that the items recovered are duly safe guarded and
the chain of custody is properly recorded.

SECTION 19. Release of recovered articles. – The Inquest Officer shall, with the
prior approval of the City or Provincial Prosecutor or his duly authorized representative,
order the release of recovered articles to their lawful owner or possessor, subject to the
conditions that:
46. there is a written request for their release;
47. the person requesting the release of said articles is shown to be the lawful
owner or possessor thereof;
48. the requesting party undertakes under oath to produce said articles before
the court when so required;
49. the requesting party, if he is material witness to the case, affirms or reaffirms
his statement concerning the case and undertakes under oath to appear and
testify before the court when so required;
50. the said articles are not the instruments, or tools in the commission of the
offense charged nor the proceeds thereof; and
51. photographs of said articles are first taken and duly certified to by the police
evidence custodian as accurately representing the evidence in his custod