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MARAHAY NA ALDAW SA INDO GABOS.

MAAYONG BUNTAG SA INYONG TANAN.

NAIMBAG NGA BIGAT KADA KAYU AMIN.

MAGANDANG UMAGA SA INYONG LAHAT.


INVESTIGATION

TECHNIQUES PROCEDURES
OBJECTIVE
TO IMPART TO THE STUDENTS
THE KNOW HOW IN THE PROPER
CONDUCT OF INVESTIGATION AND
IN THE DEVELOPMENT OF A
COMPLETE AND UNBIASED REPORT
AS AN IMPORTANT PART IN THE
ADMINISTRATION OF JUSTICE.
DEFINITION OF TERMS
NATURE AND CONCEPT OF INVESTIGATION
PRINCIPLES OF INVESTIGATION
MAJOR AND MINOR PURPOSES
SIX (6) CARDINAL POINTS OF INVESTIGATION
THE THREE (3) IS IN INVESTIGATION
AUTHORITY AND JURISDICTION IN THE CONDUCT
OF INVESTIGATION
SOURCES OF INVESTIGATION
INVESTIGATION PROCEDURE PROPER
INVESTIGATION REPORT WRITING
DEFINITION OF TERMS
INVESTIGATION = IT IS THE PROCESS OF
SEARCHING INQUIRY INORDER TO
ASCERTAIN FACTS FROM PEOPLE AND
THINGS.
PROCEDURES/ART
DISCOVERING
GATHERING OBJECTIVE
EVALUATING SYSTEMATIC
CARDINAL POINTS EXAMINATION
5W & 1H
TRUTH
NATURE OF
INVESTIGATION
Investigations are ordinarily conducted
for the purpose of providing any
Commanding Officer of a certain unit
with a complete and unbiased report
respecting an allegation against some
personnel of a military establishment in
which irregularity or misconduct is
suspected.
Investigation involves the gathering,
handling, protection and presentation of
evidence to prevent destruction, loss or
tampering.
CONCEPT OF INVESTIGATION

Every investigation conducted


by an investigating body is always
in an overt manner. It is a Formal
Investigation. Testimonies are
recorded. Investigation Report is
always written and follows the
formal format as prescribed.
MAJOR PURPOSES

RECORDS LEAD PROSECUTIVE


ACTION
Ex). Magdalo Case on Coup
detat
MINOR PURPOSES
IDENTIFY THE OFFENSE AND THE SUSPECT
LOCATE AND APPREHEND THE GUILTY
PARTY/SUSPECT
GATHER OR PROVIDE EVIDENCE OF HIS
GUILT
INFER A CONCLUSION BASED ON EVIDENCES
GATHERED
THE SIX (6) CARDINAL POINTS OF INVESTIGATION
5 Ws and 1 H
WHAT

WHAT HAPPENED?
WHAT SPECIFIC OFFENSE HAS BEEN COMMITTED?
WHAT WAS USED IN THE COMMISSION OF THE
OFFENSE?
WHAT WAS DESTROYED/TEST BECAUSE OF THE ACT?
WHAT WAS THE MOTIVE?
WHO

WHO COMMITTED THE OFFENSE/WHO IS THE


CULPRIT?
WHO IS THE VICTIM?
WHO HAS WITNESSED THE CRIME?
WHO AIDED THE SUSPECT?
WHERE

WHERE WAS THE OFFENSE COMMITTED?


WHERE WAS THE VICTIM AT THE TIME OF THE
INCIDENT?
WHERE DID THE CULPRIT GO?
WHERE IS THE WEAPON USED?

WHEN

WHEN WAS THE OFFENSE COMMITTED?


WHEN WAS THE CRIME NOTICED?
WHEN WAS THE SUPPORT/ALLOTMENT CUT-OFF?
WHEN DID THE QUARREL STARTED?
WHY

WHY WAS THE OFFENSE COMMITTED?


WHY DID HE LEFT HIS FAMILY AT THAT TIME?

HOW

HOW WAS THE OFFENSE COMMITTED?


HOW COME THERE ARE NO WITNESSES?
TOOLS OF AN INVESTIGATOR (THE THREE (3) IS
IN INVESTIGATION)
1. Information = these are existing data that could be
obtained by the investigator or could be provided by the
witnesses. Eg. Public or private records, statistical
records, etc..

2. Interrogation = skillful questioning of the suspects


and witnesses using the SS.

3. Instrumentation = it means the investigator is using


some scientific examination in order to aid him in his
investigation. Eg. Technical methods such as finger
printing, lie detector test, DNA Test, ballistic test,
surveillance camera, ultra-violet test, gun powder test,
etc.
MAJOR POINTS/ASPECT:

FORM

SUFFICIENT IN

SUBSTANCE
AUTHORITY AND JURISDICTION IN THE
CONDUCT OF INVESTIGATION

AUTHORITY
The Philippine Constitution: Article X1, Sec 1 & Sec 12
On Accountability Of Public Officers

COMMONWEALTH ACT # 408, ART 37: Establishing a


system of military justice for persons subject to military
law

Executive order # 178: A manual for AFP court martial

Other AFP & PA Rules & Regulations


ACCOUNTABILITY OF PUBLIC OFFICERS:
xxx Article X1. Section 1
Public office is a public trust. Public officers and
employees must at all times be accountable to the people.
Serve them with utmost responsibility, integrity, loyalty,
and efficiency, act with patriotism and justice, and lead
modest lives xxx

xxx ARTICLE X1. Section.12


The Ombudsman and his deputies, as protector of the
people, shall act promptly on complaints filed in any form
or manner against public officials or employees of the
government, or any subdivision, agency or
instrumentality thereof, including government-owned or
controlled corporations, and shall, in appropriate cases.
Notify the complainants of the action take and the result
thereof.xxx
INVESTIGATION PROCEDURE PROPER

PROCEDURE IN RECEIVING COMPLAINTS

I.WALK-IN COMPLAINTS = A COMPLAINT IS


CONSIDERED MERITORIOUS IF SUPPORTED BY THE
FOLLOWING:

A. ACCOMPLISHMENT OF A COMPLAINT
SHEET BY THE COMPLAINANT
B. SWORN STATEMENT OF THE COMPLAINANT
C. STATEMENT OF WITNESS/ES
D. DOCUMENTARY EVIDENCE/S
IF SUBSTANTIATED - THEN SUMMON
THE RESPONDENT
INVESTIGATION PROCEDURE PROPER

PROCEDURE IN RECEIVING COMPLAINTS

II.LETTER COMPLAINTS = A LTR COMPLAINT IS


CONSIDERED MERITORIOUS IF SUPPORTED BY THE
FOLLOWING:

A. NOTARIZED AFFIDAVIT OF THE COMPLAINANT


AND WITNESS/ES NAND RELATED DOCUMENTARY
EVIDENCE/S

B. FAILURE YO SUBSTANTIATE HIS/HER COMPLAINT


AFTER THREE (3) SUMMONSES WILL RESULT TO THE
DROPPING AND CLOSURE OF THE CASE.
IF SUBSTANTIATED - THEN
SUMMON THE RESPONDENT
INVESTIGATION PROCEDURE PROPER

PROCEDURE IN RECEIVING COMPLAINTS

III. MALICIOUS/ANONYMOUS COMPLAINTS =


ANONYMOUS COMPLAINTS IS CONSIDERED
MERITORIOUS IF SUPPORTED BY THE FOLLOWING:
A. UPON INITIAL VERIFICATION, IT MUST
CONTAIN THE CORRECT NAMES AND ADDRESSES OF
THE PARTIES INVOLVED.

B. SUPPORTING DOCUMENTS/EVIDENCES TO
THE COMPLAINTS COULD BE VERIFIED AND OBTAINED
FROM OFFICES/PERSONS MENTIONED

C. GIVES SUFFICIENT LEADS TO PURSUE THE


INVESTIGATION
INVESTIGATION PROCEDURE PROPER

PROCEDURE IN RECEIVING COMPLAINTS

III.MALICIOUS/ANONYMOUS COMPLAINTS =
ANONYMOUS COMPLAINTS IS CONSIDERED
MERITORIOUS IF SUPPORTED BY THE FOLLOWING:
A. ANONYMOUS REPORTS THAT ARE NOT
MERITORIOUS SHALL BE DISMISSED OUTRIGHT,
HOWEVER THEY SHALL BE FILED FOR FUTURE
REFERENCES.
B. THESE REPORTS SHALL BE REMOVED FROM THE
FILES AFTER THREE (3) MONTHS OF INACTIVITY AND
SHLD NOT STOP THE ISSUANCE OF CLEARANCE.
C. REPORTS WHICH HAS A BEARING ON NATIONAL
SECURITY SHALL BE REFERRED TO COGNIZANCE
OFFICES. THESE COMPLAINTS SHALL BE TERMINATED
W/IN SIX (6) MONTHS.
INVESTIGATION TECHNIQUES
a. Focus the questions on the essential elements of the
offense.
b. Witness must not be browbeaten or intimidated.
c. Adroit questioning to elicit information, rather than
threats and accusations.

Next
d. The witness must be held to the issue.

e. Avoid leading questions.

f. Direct and explicit questions should be ask.

g. The witnesses must be refrained from making

ambiguous answers.

h. Witness are not permitted to engage in


argument.
Cont

i. Do not interrupt a trend of ideas by abruptly asking


a question. The investigator may guide the interview
with innocuous question such as After which, what
happened .

j. Do not rambled. Every question must have a


purpose.

k. Follow the order of time and bring out facts in that


order.
l. Wait for the answer to one question before asking
the next.
m. Avoid trick or bluffing questions.
n. Hearsay evidence is not generally admissible, but it
may have some value as source of lead.
o. The opinion of the witness may also be
considered by the Investigating Officer.
INVESTIGATION
PROCEDURE
PROCEDURE OF INVESTIGATION
Letter Directive, Memo, etc.
Receipt Referral
Personality
Of Out of Inspection
Complaint Mail
Others

Evaluation
Preliminary Jurisdiction
Study of Referral
Complaint Scope of Investigation

Testimonial
Gathering
Of Documentary
Evidence
Physical

Establishment Substantial Evidence


Of
Facts (Direct and Circumstantial

FORM OF REPORT
I. Authority
II. Matter Investigated
Report III. Facts of the Case
Writing IV. Discussion
V. Conclusion
VI. Recommendation
Strictly Mil Offense
Submission Cases involving Immorality
Cases of Public Orders, threats,
Of
Evidence and like Offenses involving money,
property and other Irregularities
RECEIPT OF COMPLAINT

BEFORE AN INVESTIGATION
START, THE INVESTIGATOR
SHOULD HAVE A REFERENCE OR
AUTHORITY FROM HIGHER
HEADQUARTERS OR FROM HIS
COMMANDING OFFICER.
Preliminary Study of Complaint
a. The investigator shall determine the merit of the complaint
and the issues involved and if the investigator had jurisdiction over
the case/complaint he shall take cognizance over it, otherwise, refer
it to the proper forum or investigating agency for the conduct of
investigation.
b. All complaints shall be accompanied by sworn statement or
affidavits of the complainants and his witnesses as well as other
supporting documents to substantiate the complaint.

c. The investigator should focus the question on the essential


elements of information in order to get the answer to the six (6)
Ws (What, Where, When, Who, Why and Which) and one (1) H
(How) whichever are applicable.
d. Direct and explicit questions should be asked. Ambiguity is
questions to the witness must be eliminated and there must be no
opportunity for misrepresentation.

e. The investigator should weigh all the allegations, examines


the information and applies pertinent laws, regulations, SOPs,
directives, circulars, and all other rules to determine what offense is
actually committed. He then outline the types of the evidence which
must be obtained to establish the truth or falsity of the evidence
which must be obtained to establish the truth or falsity of the
allegations and list of sources where it can be obtained.
Gathering of Evidence
a. The evidence must be relevant and connected with
the subject matter and which when submitted shall shed
light to the disputed matter.
b. The evidence must be competent, and the witness
is qualified to testify.
c. The evidence must be material that has some
weight or force or significant to the issues involved.

Some standard methods of Investigation data as evidence


1. Photograph
2. Sketching of the crime
3. Written statement of subject (s) and witnesses,

written contract of the parties either public or


4. Police report, Medical reports and other
private
relevant data
documents.
necessary to the conduct of investigations.
ESTABLISHMENT OF FACTS

= DIRECT & CIRCUMSTANTIAL


Report Writing
a. The Investigating Officer must realize
that the report of investigation is an important
document which requires great care in its
preparation. The report is important because it
usually affects the future of the person under
investigation, or it may result in a change of
policy.
b. The Investigating Officer must cite the
authority in making the investigation and
must contain all the testimonial,
documentary and recommendations. An
investigation does not necessarily contain the
charges allegations upon which it was based.
SUBMISSION OF EVIDENCE

= SIMULTANEOUS W/ THE
SUBSMN OF IR ARE THE
EVIDENCES GATHERED.