PHILIPPINE NATIONAL POLICE MANUAL PNPM DIDM DS 9 1

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PHILIPPINE NATIONAL POLICE MANUALPNPM – DIDM – DS – 9 – 1CRIMINAL INVESTIGATION MANUAL(REVISED)2011

CRIMINAL INVESTIGATION MANUAL(REVISED)2011Published by:Directorate for Investigation and Detective ManagementPhilippine National Police

PNP Criminal Investigation Manual2011COPYRIGHT PAGERevised PNP Criminal Investigation Manual 2010Copyright 2010Edited 2011Printed by:PNP Directorate for Investigation and Detective Management2010All rights reserved. This publication may not be reproduced, in whole or inpart, in any form or by any means electronic or mechanical or by anyinformation storage and retrieval system now known or hereafter invented,without prior written permission of The Director, PNP Directorate forInvestigation and Detective Management with postal address at DIDM Office,2nd Flr., NHQ Bldg., Camp Crame, Quezon City. Telephone Nos. (632) 7248773; (632) 724-8767Infringement of the copyright protection law and the provisions expressed ines.

Republic of the PhilippinesDEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT(Kagawaran ng Interyor at Pamahalaang Lokal)Kamuning, Quezon CityMessageThe publication of the revised PNP Criminal Investigation Manual comes at a time withHis Excellency President Benigno „Noynoy‟ Aquino III‟s call to join him to transform ourgovernment from one that is self-serving to one that works for the welfare of our people.With this call, the PNP is mandated to resolve crimes of violence and give justice to thevictims and their families.This Manual is one of the PNP‟s most important tool to raise the competency of ourpolice investigators and serves as a ready reference and guide in the conduct ofinvestigation, which is part of the Integrated Transformation Program of the PNP.Indeed, this will be indispensable in addressing media and militant killings,disappearances and other crimes in the country.It is my pleasure to assure you that the Department of Interior and Local Governmentwill continue to support your undertakings particularly on your investigative capabilityenhancement.More power. Mabuhay kayong lahat!ORIGINAL SIGNEDJESSE M ROBREDODILG Secretaryi

HEADQUARTERSPhilippine National PoliceOFFICE OF THE CHIEF PNPNHQ PNP Building, Camp Crame, Quezon CityManila, PhilippinesMessage of Chief, PNPIt is with a deep sense of pride and pleasure that I extend mywarmest greetings and congratulations to the officers and personnel ofthe Directorate for Investigation and Detective Management for spearheading the revision of theCriminal Investigation Manual which is part of the “PNP Transformation 2016 Roadmap,” whichserves as the blueprint for the PNP Integrated Transformation Program-PerformanceGovernance System (ITP-PGS), a long-term moral recovery plan for the police force. Thisimproved criminal investigation manual which is anchored on the full implementation of thecapability enhancement program of the PNP will guide all police officers in comprehending andin carrying out the appropriate mechanics and procedures in the discharge of their functions.This improvement aims to lay down all fundamental duties, functions, and basic procedures in amanner easily understood by every police officer. The publication of this Manual is very timely inline with the need to ensure that all investigation procedures are in place and strictly followed byour investigators.Hence, this Manual should be viewed as a “living document” because criminalinvestigation supplements may be developed in the future due to the advancement oftechnology and, as the country turns another page in its illustrious history, I have high hopesand optimism that the realization of achieving the PNP ITG-PGS‟s goal such as this publicationof equally important manuals will be implemented with renewed vigor and enthusiasm. On thisnote, the PNP expresses its deepest commitment of providing speedy investigation of anyparticular crime or incident for the full resolution of a case, giving justice both to the victims andtheir family.JESUS AME VERZOSAPolice Director GeneralChief, PNPi

HEADQUARTERSPhilippine National PoliceDIRECTORATE FOR INVESTIGATION ANDDETECTIVE MANAGEMENTNHQ PNP Building, Camp Crame, Quezon CityManila, PhilippinesMessageFor the past years, the Directorate for Investigation and DetectiveManagement (DIDM) has been at the forefront of providing services to the peopleand community not only because it managed to produce policies, guidelines and procedures inboth operational and administrative aspects in the field of investigation but emerged as one ofthe PNP‟s core players in the solution and investigation of major cases, giving justice both to thevictims and their family. As we all know, actions taken at the outset of an investigation of anyparticular crime or incident can play a pivotal role in the full resolution of a case. The realizationof bringing justice to the victims and their family is only part and parcel of the DIDM‟s main goal;it is putting criminals behind bars and insuring transparent investigation of all cases beinghandled by the PNP that defines the existence of DIDM.In further support of the goals and objectives of the PNP Transformation Program, thisDirectorate convened a Technical Working Group (TWG) to review and revise the PNP Manualon Investigation. This improvement aims to lay down all fundamental duties, functions, andbasic procedures in a manner that will be easily understood by every police officer.Thus the publication of the Revised PNP Criminal Investigation Manual is a product ofpainstaking collaboration of dedicated police officers in ensuring that proper procedures andmechanisms are in place. It seeks to present the police officers a comprehensive guide incarrying out the appropriate mechanics and procedures in the discharge of their functions andresponsibilities.RAUL M BACALZO, Ph.DPolice DirectorTDIDMi

PNP Criminal Investigation Manual2011ACKNOWLEDGEMENTSThe revision of the existing criminal investigation manual requires patience andcollective efforts to make it more responsive to the needs of the field investigators anddemands of the ever-changing nature of the crime situation in the country.This Revised PNP Criminal Investigation Manual would not have been madepossible without the leadership of my Command Group and staff headed by PCSUPTALAN LM PURISIMA, the Deputy Director and PSSUPT ALEX PAUL I MONTEAGUDO,the Executive Officer of this Directorate, who provided the much needed direction andguidance in the consolidation of all the necessary materials and the final crafting of thisManual.Also, the revision of this manual would not be made possible without theassistance of PSUPT (ATTY) MA LEONORA C CAMARAO and PSUPT (ATTY)ISAGANI S AGUAS of this Directorate, and MS. PATRICIA CANTERO for painstakinglytaking their time to proofread this Manual.It is also noteworthy to mention the assistance and support extended by themembers of the Technical Working Group composed of PNP Officers and theirrespective staff in the crafting of this Manual as well as the support provided by ourworking partner, the European Union-Philippine Justice Support Program (EPJUST),particularly Mr Detlev Mehlis, Team Leader, EPJUST and Mr. Bo Astrom, Senior PoliceKey Expert.ii

TABLE OF CONTENTSMESSAGESiACKNOWLEDGEMENTiiTABLE OF CONTENTSiiiINTRODUCTIONxixDEFINITION OF TERMSxxCHAPTER I – GENERAL PRINCIPLES OF INVESTIGATION1.1DEFINITION OF INVESTIGATION1-11.2PROTOCOLS IN INVESTIGATION1-11.3TOOLS OF AN INVESTIGATOR IN GATHERING FACTS1-61.4PHASES OF INVESTIGATION1-71.5STANDARD METHODS OF RECORDING INVESTIGATIVE DATA1-71.6CRIME SCENE PROCESSING1-81.7INVESTIGATOR‟S NOTEBOOK1-81.8COMMON INVESTIGATION OVERSIGHTS1-8CHAPTER II - GENERAL INVESTIGATIVE 2.42.2.52.2.62.2.72.2.82.2.92-1Upon Receipt of Call/Walk-in ComplaintsProcedure at the Crime SceneInvestigation Procedure at the Crime SceneMethods of Crime Scene SearchProcedures on Taking PhotographsProcedures on Taking a SketchProcedures on Lifting FingerprintsSOCO AssistanceRelease of Crime SceneCHAPTER III - CRIMES PUNISHABLE UNDER THE REVISED PENAL CODE3.1 CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATEiii2-12-32-32-82-102-102-122-132-14

rary DetentionRA 7438 - Rights of the Person UnderCustodial InvestigationDelaying ReleaseExpulsionViolation of DomicileSearch Warrant Maliciously Obtained and Abuse inThe Service of those Legally ObtainedSearching Domicile Without WitnessProhibition, Interruption and Dissolution of PeacefulMeetingsCrimes against Religious Worship3.2 CRIMES AGAINST PUBLIC 3.2.103.2.113.2.123.2.13RebellionCoup D‟EtatSedition and Conspiracy to Commit SeditionInciting to Commit SeditionCrimes Against Popular RepresentationIllegal AssembliesDirect AssaultIndirect AssaultResistance and Serious DisobediencePublic DisordersUnlawful Use or Means of Publication andUnlawful UtteranceAlarms and ScandalEvasion of Service of Sentence3.3 CRIMES AGAINST PUBLIC n of DocumentsInvestigation of Cases of FalsificationUsurpation of Authority or Official FunctionsPerjury (False Testimony)FraudIntellectual Property Rights3.4 CRIMES RELATIVE TO OPIUM AND OTHER -203-213-253-263-263-273-313.5 CRIMES AGAINST PUBLIC MORALS3.5.13.5.2Gambling and BettingOffenses against Decency and Good Customs3.6 CRIMES COMMITTED BY PUBLIC OFFICERSiv3-313-313-31

.6.193.6.203.6.213.6.223.6.233.6.24Dereliction of DutyDirect BriberyIndirect BriberyQualified BriberyCorruption of Public OfficersAnti-Graft and Corrupt Practices ActFraud and Illegal Exactions and TransactionsOther FraudsProhibited TransactionsPossession of Prohibited Interest by a Public OfficerMalversation of Public Funds or PropertyInfidelity of Public OfficersRemoval, Concealment, Destruction of DocumentRevelation of SecretsOpen DisobedienceRefusal of AssistanceRefusal to Discharge Elective DutiesMaltreatment of PrisonerAbandonment of Office/PositionUsurpation of Judicial FunctionDisobeying Request for DisqualificationOrders or Request by Executive Officers to anyJudicial AuthorityUnlawful AppointmentAbuses Against Chastity3.7 CRIMES AGAINST ideDeath or Physical Injuries Under ExceptionalCircumstanceMurderHomicideDeath Cause of Injuries Inflicted in a Tumultuous AffrayGiving Assistance to SuicideInfanticideAbortionHomicide (Generic) InvestigationChallenging to a DuelMutilationSerious Physical InjuriesAdministering Injuries SubstancesLess Serious Physical InjuriesSlight Physical Injuries and MaltreatmentRape3.8 CRIMES AGAINST 53-663-673-683-683-713-71v

pping and Serious Illegal DetentionInvestigation Procedures on Kidnap for RansomIncidentsSlight Illegal DetentionUnlawful ArrestKidnapping and Failure to Return MinorInducing a Minor to Abandon HomeSlaveryExploitation of Child LaborService Rendered Under Compulsion in Payment of Debt3.9 CRIMES AGAINST 3-823-823-833-843-843-853-86Abandonment of Persons in Danger and Abandonmentof One‟s VictimAbandonment of a MinorAbandonment of a Minor by a Person Entrusted with hisCustody; Indifference of ParentsExploitation of a MinorQualified TrespassOther Forms of TrespassGrave ThreatsLight ThreatsOther Light ThreatsGrave CoercionLight Coercion3.10 CRIMES AGAINST 913-923-923-933-933-94RobberyRobbery in an Inhabited House or Edifice for Worshipand Private BuildingBrigandageTheft (Hurto)UsurpationCulpable InsolvencyEstafaMaking or Drawing and issuance of a WithoutSufficient Funds or CreditEstafa and Bouncing Checks InvestigationEstafa Through Issuance of Postdating of CheckWithout FundsThe Bouncing Check Law (Batas Pambansa Blg 22)Preliminary StepsCase Folder: EstafaProcedures in Handling Cases of Bouncing Checks(Batas Pambansa Blg. 1043-1043-1053-106

.10.223.10.23Case Folder: Bouncing ChecksAltering the Substance, Quantity or Quality of ThingsMisappropriating/Converting Money or Goods Receivedin Trust or Commission or for Administrative or UnderAny other Obligation to deliver or ReturnTaking Undue Advantage of the Signature of theOffended Party in BlankOther Forms of SwindlingSwindling a MinorOther DeceitsArsonArson Investigation3.11 CRIMES AGAINST 3.11.83.11.93.11.10AdulteryConcubinageActs of LasciviousnessActs of Lasciviousness with the Consent of theOffended PartyQualified SeductionSimple SeductionWhite Slave TradeForcible AbductionConsented AbductionInvestigation of Cases Involving Women and ChildrenSimulation of BirthsUsurpation of Child StatusBigamyMarriage Contract Against Provisions of LawPremature MarriagePerformance of Illegal Marriage Ceremony3.13 CRIMES AGAINST 083-1083-1083-1103-1113-1113-1123-1253.12 CRIMES AGAINST THE CIVIL STATUS OF reatening to Publish and Offer to Prevent SuchPublication for CompensationSlanderSlander by DeedLibelous RemarksIncriminatory MachinationsIntriguing Against Honor3.14 QUASI

Governance System (ITP-PGS), a long-term moral recovery plan for the police force. This . 1.6 CRIME SCENE PROCESSING 1-8 1.7 INVESTIGATOR‟S NOTEBOOK 1-8 1.8 COMMON INVESTIGATION OVERSIGHTS 1-8 CHAPTER II - GENERAL INVESTIGATIVE PROCEDURES 2.1 PURPOSE 2-1 2.2 PROCEDURES 2.2.1 Upon Receipt of Call/Walk-in Complaints 2-1 2.2.2 Procedure at the Crime