THE CONCEPT OF CRIMINAL INVESTIGATION AS AN ART AND A SCIENCE

 Criminal Investigation is an ancient science that may have roots as far back as 1700 BC
 It is an art because it is governed by rigid rules or fixed legal procedures but most often
based on intuition and sometimes by chance.
 It is a science because it involves the application of knowledge of forensic sciences in
the process of identifying, locating, collecting, and/ or evaluating physical evidences.

GOALS OF CRIMINAL INVESTIGATION

1. To determine whether a crime has been committed,
2. To legally obtain information or evidence.
3. To identify persons involved (suspects/victims/ witnesses).
4. To arrest suspects.
5. To recover stolen properties.
6. To present the best possible case to the prosecutor,

IMPORTANCE OF CRIMINAL INVESTIGATION

1. It provides the facts of a crime and provided with solutions.
2. It helps the five pillars of the Criminal Justice System in recognizing and identifying
criminal and provide justice to offended party, offender (as the case maybe), and in
promoting social justice.
3. An aid in enforcing the laws and the protection of lives and properties.

As a general rule, all crime incidents must be recorded in the official police blotter is a
18"x12" logbook that contains the daily registry of all crime incident reports, official
summary of arrest, and other significant events reported in the police station.

CHARACTERISTICS OF AN INVESTIGATOR:
1.KNOWLEDGEABLE, this refers to the investigator who exhibit understanding about crime,
evidence, law, to include the suspect and the victim.
2. PERSEVERANCE, refers to the steadfastness, persistence and resolution to bring the
desired conclusion in spite of obstacles connected with criminal investigation.
3. ENDURANCE, this refers to the ability of the investigator to withstand hardship in the
conduct of investigation to include the ability to last physically and mentally.
4. HONESTY AND INTEGRITY, the investigator must always observe the moral conviction of
doing the right thing in all circumstances. There is the ever temptations of money, women
and drinks, etc., that influence the result of investigation.
5. THE INTELLIGENCE AND WISDOM OF SOLOMON, This is very important in order that the
investigator could easily decipher falsehood from truth and separate the gain from the chaff
as king Solomon did when he settled disputes of child's ownership between the two mother.
6 ACTING ABILITY, It is the ability to go down to the level of the subject(minor, the prostitute
or the slum dwellers, or the level of the other professionals or the members of the elite)
7. GOOD IN ORAL AND WRITTEN COMMUNICATION, This is the ability of the investigator as
he mingle with the community to in making a concise report.
8. THE KEEN POWER OF OBSERVATION AND DESCRIPTION, These are very important in
crime scene investigation and in interview and interrogation.
9. COURAGE, It is the moral fortitude to tell the truth no matter who will be hurt.
10.THE POWER TO "READ BETWEEN THE LINES This is the ability of the investigator to
interpret the words or phrases encountered in the process of investigation in their deeper
meaning in order to arrive with an accurate meaning of a certain statement.
11. KNOWLEDGE OF MARTIAL ARTS AND FIREARMS PROFICIENCY, this the investigator in
defending himself when confronting, arresting, and interrogating the suspect.

OTHER QUALITIES OF INVESTIGATOR

A. Superior reasoning ability - the ability to analyze logically a multitude of facts and
determining how they interrelate. This is related to critical thinking. This method of
reasoning challenges one to adopt an attitude of fair-mindedness, intellectual caution and
openness to questioned common or assumed beliefs.
B. Imagination and curiosity
Imagination- is forming mental images of what is not present or creating new ideas by
combining previous experiences.
Curiosity - is a desire to learn
C. Intuition -immediate apprehension or cognition, quick and ready insight.
D. Observation ability- the ability to observed, noting and recording of facts (using the sense
of seeing and hearing)

HISTORICAL BACKGROUND OF CRIMINAL INVESTIGATION

The Code of Hammurabi ruled from 1792 to 1750 BC

Is considered to be the oldest known code of law from the Old Babylonian
period. The code is also one of the earliest examples of the idea of presumption of
innocence, and it also suggests that both the accused and accuser have the opportunity to
provide evidence. It consists of 282 laws, with scaled punishments known as Lex Taliones
which means "an eye for an eye, a tooth for a tooth"

One of the best known laws from Hammurabi's code was:

Ex. Law #22: "If any one is committing a robbery and is caught, then he shall be put to
death."
Ex. Law #129: "If the wife of a man has been caught lying with another man, they shall bind
them and throw them into the waters. If the owner of the wife would save his wife then in
turn the king could save his servant."
Ex. Law #196: "If a man destroys the eye of another man, they shall destroy his eye. If one
breaks a man's bone, they shall break his bone. 5th CENTURY B.C., ROME: Rome created the
first specialized investigative unit. It was named as QUESTORS or TRACKERS of MURDERER.
Roman civilian accepted the role of quasi police with a sense of civic responsibility, they
often made citizen arrest.

TIME OF ALFRED THE GREAT

In the later part of 19TH Century, England's king, Alfred the Great established a system of
"mutual pledge (social control), which organized for the security of the country into several
levels:
TEN TITHING-One hundred persons are grouped into one under the charge of a High
Constable.
TITHING - Ten persons are grouped together to protect one another and to assume
responsibility for the acts of the group's members. The one who heads this group is called
Tithing Man.
*SHIRES - The divisions of a specific geographic area. It is being controlled by the king and
governed by a Shire-reeve, or Sheriff.
TIME OF EMPEROR AUGUSTUS
At about the time of Christ, Rome: The Roman Emperor Augustus picked out special, highly
qualified members of the military to form the following:

PRAETORIAN GUARD - This was considered the first police officers, their job is to protect the
palace and the emperor.
PRAEFECTUS URBI - Their function is to protect the city. They have both executive and
judicial power.
VIGILES OF ROME - The vigiles began as fire fighters, they were eventually also given law
enforcement responsibilities and they patrolled Rome's streets day and night. The vigiles
could be considered the civil police force designed to protect citizens. It is from them that
the word "VIGILANTE" came from.

TIME OF WINCHESTER
1285 A.D., England: THE STATUTE OF WINCHESTER was enacted establishing a rudimentary
criminal justice system in which most of the responsibility for law enforcement remained
with the people themselves,
These statutes or laws were promulgated by Winchester.
 The Watch and Ward Act 2.
 Hue and Cry System 3.
 Parish Constable.
 Keeping weapon at home for family security.

The Law of PNP applicable in Criminal Investigation;

1. 1987 PHIL CONSTITUTION, Art 16, Sec 6 = "The state established and maintained one
police force, which shall be NATIONAL IN SCOPE AND CIVILIAN IN CHARACTER, to be
administered and controlled by the National Police Commission. The authority of the local
executives over the police shall be provided by law."

2. RA No. 4864 The law otherwise known as the Police Act of 1966, It created the Office of
the Police Commission (now National Police Commission). It shall be their duty to preserve
peace and order; prevent the commission of crimes; protect life, liberty and property; and
arrest all violators of laws and ordinances within their jurisdiction. They shall exercise the
general powers to make arrest, searches and seizures in accordance with law. They shall
detain an arrested person only within the period prescribed by law. Approved September 8,
1966 authored by Cong. Teodulo C. Natividad.

3. RA No. 6975 = The Creation of BFP, BJMP and PNP under the Department of Interior and
Local Government (DILG) Act of 1990. Subsequently dissolving the PC whose officers and
rank and file were given the privilege either to join the AFP or the PNP within the period as
provided therein.

4. RA No. 8551-The PNP Reform and Reorganization Act of 1998 which is now the
operational law that governs over the PNP. Approved February 25, 1998.
5. RA No. 7438 = An act defining certain rights of person arrested, detained or under
custodial investigation.