Module TECHNICAL ENGLISH 2: Legal Forms

CHAPTER 1

Investigative Report Writing

At the end of this module, the learner should be able to:

 Recognize the essential part of Investigative

Report Writing
 Evaluate the Types of Report Writers
 Remember the Good Criteria of Investigation
Report

Introduction:

An investigation report is an
objective statement of the investigator’s
findings. It is an official record of the
information relevant to the investigation
which the investigator submits to his
superior.

The effectiveness of an
investigator is judged to a large extent by
his investigation reports. The reputation of an investigator is measured to a
large extent by the kind of report he submits. The report on finished cases
provides the vehicle for higher headquarters to take action on the matter.

Purposes of an Investigation Report:

The investigator writes his report in order to achieve the following

objectives:

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a. Record – The reports provide a permanent official record of the relevant

information obtained in the course if the investigation.
b. Leads – The reports provide other investigators with information
necessary to further advance their own investigation.
c. Prosecution Action – The report is a statement of facts on which
designated authorities may base a criminal, corrective or disciplinary
action.

Criteria of a Good Investigation Report:

a. It must be grammatically correct.

b. Abbreviation must be used appropriately and correctly.
c. The report should avoid slang, colloquialisms or unnecessary technical
terms.

Requisites of a Good Investigation Report:

a. Accuracy – The report should be a true representation of the facts to the

best of the investigator’s ability. Information both favorable and
unfavorable to the suspect should be included. Information should be
verified by statements of other witnesses and by reference to official
records or to other reliable sources.
b. Completeness – The question of “WHEN,” “WHO,” “WHAT,” “WHERE,”
“WHY,” and “HOW?” should be answered. The elements of the crime
should be established, and the additional facts developed should tend to
prove these elements. The report should be documented by apprehending
important statements/ letters, findings of other agencies, and laboratory
reports.
c. Brevity – irrelevant or unnecessary materials should be omitted.
d. Fairness – the investigator should take the facts as he finds them, and if
ever he has theories, it must be consistent with these facts.
e. Form and Style – The arrangement of the materials presented should be in
a manner which will make the report easy to read. Form includes proper
paragraphing, underscoring, capitalization, and heading. The report should
be written in the third person, the investigator referring to himself as the
“investigator.”

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f. Prompt – The report must be completed in a timely manner. Your

credibility may be opened to speculation if this rule is not followed.

TYPES OF REPORT WRITERS:

a. Those who write without thinking.

b. Those who write and think at the same time.
c. Those who think first and write afterwards.

HOW THE INVESTIGATORS ARE RELATED ON REPORT WRITING:

a. Points Considered:
1. Conciseness
2. Clarity
3. Organization
4. Thoroughness
5. Accuracy
6. Adequacy and pertinence of leads
b. Errors of Form:
1. Misspelling
2. Typographical errors
3. Wrong file number
4. Wrong block
5. Others of the same nature
c. Errors of Substance:
1. Delay in the Investigation
2. Delay in reporting
3. Omission in investigation whether intentional or not
4. Mis-statements of facts
5. Incomplete description
6. Neglect to state that the subject is dangerous or has homicidal
tendencies
7. Failure to cover obvious leads
8. Inadequate interviews
9. Lack of imagination in solving the case
10.Improper handling of evidence
11.Failure to report having done things which obviously were done

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12.Failure to include essential facts which show jurisdiction,

prosecutive action taken and basis for investigative steps taken.
13.Failure to include essential facts which were undoubtedly available
and known to the investigator.

The investigator should not be faulted too much

for errors of form, but errors of substance are
seriously considered due to their effects on the
lives of people and the agency itself.

SUPERVISION OF REPORTS:

a. Assure Good Reports:

1. The Chief must sincerely want good reports.
- He should insist on training and insist that his men write good
reports.

2. Standards of good reporting should be set up so that all will know

what is expected of them.
- Training must be given so that the men will understand what is
expected of them.
- Supervisory personnel must be trained to recognize basic errors
in reports. They must, of course, know the rules themselves.

3. Systems of spot-checking must be set up to make sure that

corrections are being made and to assure uniformity.
- Do not sign the report unless it is completely correct. If you do
not check reports, you lose control over them.

b. Protect the reputation of the department and its officers.

1. Good reports reflect favorably on the officers preparing them and
on the department they represent.
2. Good reports help refute false charges against officers and
department they represent.

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c. Methods of Supervision.
1. Tickler system.
2. Assignment record.
3. All reports should be read and signed by the supervisory official.

Do not let an officer’s report let you see things

that are not there. Evaluate it for what it is really
worth. Be objective about it. It is possible that the
report is just a “story” and nothing more.

APPROVED Standard Operating Procedure (SOP) IN THE INVESTIGATION OF

CASES AT THE PNP.

a. Upon receipt of the case, the duty NCO/Desk Officer enters it in the
complaint logbook/blotter and then refers it to the OIC/Chief of the
Investigation Unit.
b. The OIC/Chief of the Investigation Unit assigns the case to an
investigator. The chief investigator should maintain a logbook of all the
cases referred to him, either in person or trough communications,
recording therein the nature of the case, name of complainant, the name of
the investigator and the date it was assigned. Likewise, the Duty
NCO/Desk officer should also reflect upon the complaint logbook the name
of the investigator to whom the particular case was assigned.
c. If the nature of the case so warrants, the officer-on-case should
immediately respond to the crime scene, conduct an ocular inspection and
interview the complainant, witnesses, and all persons who shed light on
the case.
d. Based on the initial investigation, the officer-on-case should prepare any
of the following Police Reports:
1. ALARM REPORT – for theft and robbery cases
2. ADVANCE INFORMATION – for crime against person like murder,
parricide, homicide, etc.
3. CRIME REPORT – for all other cases like estafa, crimes against
chastity, white slavery, etc.

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4. INFORMATION REPORT – for some cases initially taken cognizance

of by a police station but later turned over to or found out to be
handled by a special operating support unit.
5. The investigator should then take the sworn statements of the
complainant(s), witnesses, and if possible, suspect(s). At this stage,
the officer-on-case should exert all efforts to unearth and gather
all evidence relevant to the case.
6. Invitations for suspect to appear before any investigating group
should be signed by the Group Commander and duly recorded in a
book intended for this purpose. The result of invitation should be
reflected in the case folder to form part of the records of the case.
7. A PROGRESS REPORT should be submitted by the investigator
regarding the apprehension of suspects, recovery of evidence and
all other developments on the case.
8. Once suspect has been apprehended and duly investigated, the
officer-on-case should prepare the corresponding referral to the
inquest fiscal/prosecutor for appropriate recommendation.
9. Before the investigator files the case with the Prosecutor’s Office,
the case should first be endorsed, thru channel, to the Legal
Division for appraisal, evaluation, recommendation or legal advice
and such other legal measures as maybe necessary.
10.A final investigation report, using the format of the Progress Report,
should be prepared by the investigator in all cases involving high
government agency or entity; big and essential case; or those
involving prominent personalities and those with insurance
coverage.

References:
Technical Report Writing 2
POLICE REPORT INVESTIGATIVE WRITING
By
Prof. Normita Mercado

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CHAPTER 2

Other Reports Prepared by the Investigator

At the end of this module, the learner should be able to:

 Evaluate the Classification of Police Reports

 Remember the Categories of Police Reports
 Enumerate other reports Prepared by the
Investigator

CLASSIFICATION OF POLICE REPORTS:

1. Informal Reports
It is usually a letter or
memorandum, or any of one
of the many prescribed in
day-today police operations.
It customarily carries three
items besides the text
proper, i.e., date submitted,
and persons or person to
whom submitted. It may,
however, contain many items of administrative importance along with the
subject matter of the text. Actually, most police reports may be placed in
this category.

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2. Formal Reports
A formal report suggests the full-dress treatment, including the
cover, title page, letter of transmittal, summary sheet, text, appendices,
and perhaps an index and bibliography.

Police Reports are also classified according to purpose:

1. Performance Report

It contains information as to the status of an activity or operation.

2. Fact-finding Report

It involves the gathering and presentation of data in logical order,

without attempt to draw conclusions.

3. Technical Report

It presents data on a specialized subject.

4. Problem-determining Report

It attempts to find out the causes of a problem or to find out

whether or not a problem really exists.

5. Problem-solution Report

It analyzes the thought process that lies behind the solution of a

particular problem. It may include all of the elements found in the other
types of reports, including presentation of data collected, discussion of
possible solutions to the problem, and an identification of the best
solution.

CATEGORIES OF POLICE REPORTS:

1. Operational Reports

Include those relating to the reporting of police incidents,

investigations, arrests, identification of persons, and miscellaneous
reports necessary to the conduct of routing operations.

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2. Internal Reports

Relate to the reporting necessary to the management of the police

organization and include financial reports, personnel reports, purchase
reports, equipment reports, property maintenance reports, and general
correspondence.

3. Technical Reports

Present data on any specialized subject, but usually related to

completed staff work, and add to the specific knowledge necessary to
proper management.

4. Summary-of-information

Furnish intelligence information necessary to the solution of crimes,

accidents, and police administrative problems. In addition, police report in
this category are in recognition of the importance of public attitude toward
police operations and serve the purpose of keeping executive and
legislative authority, and the general public informed as to the problems,
progress, and need of the police organization.

OTHER REPORTS TO BE PREPARED BY THE INVESTIGATOR:

1. Spot Report

It refers to an immediate initial investigative or incident report

addressed to the Higher Headquarters pertaining to the commission of the
crime, occurrence of natural or man-made disaster or unusual incidents
involving loss of lives and damage to properties.

2. After Operation Report

It may be rendered after any successful police operation that yield

to the arrest of any member or some members of a syndicated crime
group.

3. After SOCO Report

It is rendered by the Team Leader of the SOCO who conducted the

scene of the crime operations, processing or investigation.

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4. Case Operation Plan (COPLAN) Report

It refers to a preparatory plan on how to carry out a case operation.

Case operations refer to a definite target-specific activity conducted in
relation to an intelligence project under which it is put into effect. Several
case operations may fall under one (1) intelligence project. Case operation
is the last resort measure to pursue intelligence objectives when normal
police operations fail.

5. Summary of Information (SOI)

It is an intelligence report rendered regarding any illegal activity or

violation of laws being observed by intelligence operatives within a given
area of responsibility. This is the usual basis of case operations, hence
information received should be cared, validated, counterchecked, analyzed
and evaluated.

6. Coordination Report

It is used as a means of formal coordination to be made by the

investigating agency with the police unit or military unit having operational
jurisdiction over the place where a police case operation shall be
conducted.

7. Background Investigation Report

This intelligence report is very important in rendering the result of

a background investigation on any newly designated or appointed or
assigned personnel of a uniformed unit. Background, present activities,
previous criminal records or administrative records and behavior of the
subject in the community especially in the place where he or she resides.

OTHER TYPES OF POLICE REPORTS:

1. Spot Reports

A spot report is done after an important incident occurs in a certain

area at a given time. Verbal or written, it must be done or acted upon
within twenty-four hours. The idea is to inform an immediate chief,
considering the fact that whatever happens in the area is his command

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responsibility or those in higher positions must be informed regarding the

details of a particular occurrence.

A spot report may use a radiographic message form, especially if

the reporting unit is far from the addressee or receiving office concerned.

When using a radiographic message form, the following must be

indicated: originating office, cite numbers, precedence action, precedence
info, date-time group, text answering the 5w’s and 1h which are all
written in capital letters, and other.

2. Special Reports

Special reports are done either because one feels he has some
reporting to do, or lower police unit or office is obligated based on the
directive or an instruction from the higher offices.

3. Progress Report

A progress report has a follow-up effect. Is this a follow-up of an

initial report previously sent? Is this a follow-up of an investigation
submitted before? Or is this a follow-up of a project or a program?

A progress report can simply be an accomplishment report which

may be analytical in nature and may be comparatively longer. This may be
in memorandum form or in radiographic message form. And it must have
these important highlights: (1) why the report is being made; (2) purpose
and scope of the report; and (3) sources of information.

If it is written in memorandum form, the body of the report must

contain the following: Authority for Investigation, Details and
Recommendations; or if written in Radiographic message form, the format
of the spot report shall adopt.

4. Investigation Reports

In criminal investigations, the arrangement of the material presented

in an investigation report follows a certain pattern. The idea is for the
report to be easily read.

The form is similar to the memorandum form except that the text or
body should include the following parts: AUTHORITY, MATTERS
INVESTIGATED, FACTS OF THE CASE, DISCUSSION, and
RECOMMENDATIONS. If a part is not important because it is included in

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another part it may be excluded. Parts are capitalized, and followed by a

colon. All the paragraphs composing the text of the report are numbered
consecutively in Arabic numerals.

The investigator signs the report. On top of the letterhead, and on

the lower fold of the paper, the word CONFIDENTIAL is typed or
stamped.

5. Beat Inspection Report or After-Patrol Reports

Beat inspection report is one of the most common forms of written

communications. It is submitted daily by the duty beat supervisor.

This report differs from the after-patrol report in terms of

movement. Those on beat inspection do their routine check on foot; and
those on patrol, check their assigned sectors by using patrol cars.

As to form, the beat inspection report and after-patrol report use

the memorandum format. Beat inspection reports and after-patrol reports
are submitted daily by the beat patrol supervisors, each one presumed to
have done an eight-hour tour of duty with their members.

6. Situation Reports (SITREP)

The situation report is similar to the patrol report. Both are

submitted every eight hours. However, while the patrol report is done on
a regular basis daily, the SITREP is done on a need-only basis.

7. Formal Report

Essentially, a formal report is a presentation of facts or ideas.

Sometimes, this written work is lengthy. A long, formal report usually
contains the following basic part: Introduction, Summary, Body,
Conclusions, and Recommendations.

Sometimes, the subject matter of the report may not require a

conclusion because the report may just be a fact-finding one; therefore, a
personal observation is not necessary.

If conclusions and recommendations are not asked for, the writer

must use his best judgment. All in all, a complete formal report must
consist of the following parts: cover, title page, letter of transmittal, table
of contents, introduction or preface, summary, body of the report,

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conclusions, recommendations, and supplemental materials like

appendices, among others.

References:
Technical Report Writing 2
POLICE REPORT INVESTIGATIVE WRITING
By
Prof. Normita Mercado

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CHAPTER 3

Police Records Management

At the end of this module, the learner should be able to:

 Define Police Records Management

 Remember the Definition of Terms
 Enumerate the functions and uses of records

INTRODUCTION

Definition of the following

terms:

Record is oral or written

evidence that have been gathered or
collected for decision making.

Records refer to all papers,

books, book maps, and photographs or
other documentary materials regardless
of physical form or characteristics,
made or received by law enforcement agency in pursuance of its legal
obligations.

Records Management is a function of administrative management,

business operations and education concerned with the creation (forms, reports,
correspondence and directives), protection (housing and disaster insurance),
retention (inventories, schedule and center operations), retrieval (duplication
and location of information) preservation (history/archives) of records and

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records information required for the continuance of government, business and

industry operations at cost consistent with the services involved.

Records Center is facility, sometimes specially designed and

constructed for the low-cost and efficient storage and furnishing or reference
service on semi-current/non -current records with suitable protection pending
their ultimate disposition.

Records Office is the local point of the agency where records are
received, released and maintained for future use.

Records Custodian is a qualified officer who shall coordinate across the

department lines on their records activities and shall have the responsibility and
control of all the records holding of the agency in her/his possession.

File is a folder containing records.

Coding System is used to speed the sorting and filing of records.

Retention Period is the specific period of time established and

approved by competent authority after which a given set of files is deemed
ready to permanent storage of destruction.

Indexing Records is the act of determining the subject of subjects,

which may be the names of individuals, names of functions, or names of topics
under which the records are to be filed and cross-referred according to an
established plan for files.

Importance of Police Records

A police department is only as good as its records keeping capabilities.

The effectiveness of a police department is directly relating to the quality of its
record system. They are the primary means of communication among the
members of the police department and have as them purpose the integration of
the various department units into an integrated organization for accomplishing
the police task. Records are essential in the efficient performance of routine
duties, in the wise direction of the police effort, in supervision and control of
personnel, and in the determination of departmental policy.

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Functions and Uses of Records

A clear understanding of the functions and uses of the fundamental

police records is essential in the development of an adequate police records
system. The police records shall have the following specific functions and uses:

a. Measure policy efficiency;

b. Present the community’s crime picture;
c. Assist in assigning and promoting personnel;
d. Identify individuals;
e. Provided a basis for property accountability;
f. Control investigation;
g. Make information available to the public;
h. Increase the efficiency of traffic control;
i. Assist the courts and prosecutors;
j. Assist in evaluating control services;
k. Coordinate custodial activities;
l. Integrate the department;
m. Furnish data for the budget;
n. Establish responsibility;
o. Reveal unusual problem;
p. Aid in the apprehension of criminals;
q. Assist other police agencies;
r. Provide the basis for computation of police statistics; and
s. Affective employment of personnel and equipment.

Types of Police Records

The records of police force shall be classified into five categories,

namely:

a. Case Records
A case records is composed of two categories

1. Complaint/Assignment Sheet which reflects all information

regarding complaints and reports received by the police from
citizens and other agencies, or actions initiated by the police.

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2. Investigation Report which contains the findings and action taken by

the investigating officer based on inquiries made and by obtaining
the available facts of the incident.

b. Arrest and Booking Records – This record maintains the arrest and jail
booking report which is required for all persons arrested. It is made in full
on each person arrested. It shall bear an arrest number for each arrest
made.

c. Identification Record - It is the third major division of police records.

Fingerprint records are the heart of any identification system. It provides
positive identification and the police must supplement it with a record of
physical characteristics and in some cases a photograph of the criminal.
Identification records have their own number series, and identification
number is assigned to each criminal to identify records relating to him.

d. Administrative Records - These are records required in the management

of the department's personnel and designed to aid in assignments,
promotion and disciplinary action. Such records are so essential in
administering personnel matters that they must be maintained in a police
department.

e. Miscellaneous Records - These are records which are not related to

recorded complaints and investigation reports but are informational in
character.

Recording and Filing System

The nature of police work justifies emphasis on criminal records. To be

fully effective, a police records system must:

1) Be comprehensive and include every incident coming to the attention of

the police;

2) Be adequately indexed to permit ready reference;

3) Be centralized to provide adequate control and maximum utilization of

clerical personnel;

4) Be as simple as possible, consistent with adequacy: and

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5) Lend itself to summarization and analysis to permit continuing appraisal of

the police service.

Class Records

It is the heart of any police records system. It is the basis for an

analysis of offenses and the methods by which they are committed. The
following are the different types of police reports included under the case
records:

a. Complaint/Assignment Sheet

b. Investigative Report.

c. Case Report

d. Supplemental/Progress/Final Report

e. Continuation Report

f. Technical Report

g. Accident Report

h. Wanted Person Report

i. Daily Record of Events

Arrest and Booking Records

These reports are required for all persons arrested. The following are
the different types of police reports included under the arrest and booking
records:

a. Arrest Report

b. Booking Report

c. Prisoner's Property Record

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Identification Records

The various identification records for the identification of criminals and

other individuals now extensively used in police departments shall include the
following:

a. Fingerprint Record

b. Criminal Fingerprint

c. Civilian Fingerprint

d. Alien Fingerprint

e. Criminal Specialty File

f. Administrative Records

Administrative Records include:

a. Personnel Records
b. Correspondence Files
c. Memoranda, Orders, Policy Files, etc.
d. Assignment Record
e. Other Administrative Records

Miscellaneous Records

a. Register of aliens within the city or municipality obtained from the

Immigration Commission and/or other sources,

b. List of firearm holders from the PNP:

c. List of incumbent cities, municipal and barrio officials and their addresses;

d. List of Labor unions, cooperative associations, civic, professional, social

and religious organization, industrial plants, movie houses, etc.;

e. List and description of all army camps and mobilization centers;

f. Facts about the locality indicating districts, barrios, sitios, roads, bridges,
centers of population, voters, and the like;

g. Copies of ordinances and penal laws;

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h. Roster of AFP reservists (Obtainable from military sources) showing

current addresses;

i. List of private and security agencies; and

j. List of parolees, pardoned and released criminals and their addresses

References:
Technical Report Writing 2
POLICE REPORT INVESTIGATIVE WRITING
By
Prof. Normita Mercado

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CHAPTER 4

Basic Numbering System of Police Reports

At the end of this module, the learner will be able to:

 Interpret administrative controls of record

 Remember the basic numbering system

INTRODUCTION

To meet the exacting

requirements of the police service,
the total records system must be
oriented toward providing certain
classes of information on a random
basis, and still ensure the integrity
and security of the files. Integrity
centers on the honesty of the
reporting effort and on the
maintenance of complete files. At the
end, there is accurate reporting and
easy monitoring of the contents of the records files.

Administrative Controls

All records maintained by the department should be considered

irreplaceable. This means that no original document should be released unless to

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an authorized individual as established by specified criteria. Moreover, only

trained records personnel should be permitted to retrieve or replace records.

As a public agency, the police department has an obligation to provide

citizens with certain information in accordance with legal requirements and
departmental policy. To this end, copies of appropriate police reports should be
provided if proper requests are made. While a reasonable fee for copies may be
charged to citizens, waivers-of-fee should be granted to all law enforcement
agencies and for supported bodies on a reciprocal basis,

The records access policy must be compatible with departmental policy

governing relations with media and rules established by the court. Officers
requiring copies of reports for court appearances should request in writing the
proper number of copies in advance of trial dates,

The record processing areas should be physically secured from

unauthorized personnel, and files and other storage devices should be designed
to prevent tampering pilferage if left unattended.

Basic Numbering System

The establishment of several basic numbering systems to match the

types of files maintained will assist in the control and audit processes. A
department should adopt three basic numbering systems; all major files should
be in consonance and compatible with them.

The records control and audit system include:

1) Case Report Numbers - it is the primary control number for all

police reports; it should be issued at the time a complaint or call
is received by the department, maintained through completion of
the case, and thereafter. It should be assigned by the
dispatcher to traffic accidents as well as crimes and non-
criminal incidents and noted on all materials relevant to each
case.

It is desirable that the dispatcher assign the number as he is

the first police employee to learn of most crimes, accidents, and
other incidents requiring police service. If he assigns case
number to each and every request for service, most cases will
be recorded officially as soon as they become known to the

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department. This avoids discrepancies concerning the general

nature of the original request and time of occurrence or
notification of the police. It also ensures that the sequence of
case numbers matches as early as possible the order in which
the cases were brought to the attention of the police.

When case reports are filed sequentially by report number,

the department can sort groups of cases by time sequence. The
numbers are important to external audit control; without them,
cases can remain unreported, be lost, or misfiled. If certain cases
are not numbered, are out of time sequence, have no number,
and are missing, the completeness and the integrity of the case
report file system is destroyed.

2) Arrest numbers (sometimes known as central booking numbers)

are issued to persons actually arrested and booked. Because the
arrest report file is controlled by the same methods as the case
report file, all arrest numbers should be issued by the dispatcher
or by the arrest and personal identification unit of the records
element through the dispatcher. Control and audit responsibility
should be outside the field operations elements and the detention
staff. Arrest reports should be made out by the arresting officer
immediately following an arrest. The arrest number, as well as
the case report number should be marked clearly on the report; a
person should receive a new number each time he is arrested,
regardless of the charges or circumstances.

3) Personal Identification Number - when an arrested person is

fingerprinted or photographed, a third number, known as
personal identification number should be issued from an
identification number ledger. This number is issued only once to
an individual regardless of the number of times he is arrested.
This number should be issued by the arrest and personal
identification service detail.

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References:
Technical Report Writing 2
POLICE REPORT INVESTIGATIVE WRITING
By
Prof. Normita Mercado
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CHAPTER 5

Affidavit of Arresting Officers, Complaint,

and Witness

At the end of this module, the learner will be able to:

 Classify the Affidavit based on their purpose

 Recognize the Affidavit forms

Affidavit

An affidavit is a written statement of

facts voluntarily made by an affiant under
an oath or affirmation administered by a
person authorized to do so by law.

The affidavit is the foundation of the

writ, and if none be filed, or one be filed
which wholly fails to set out some facts
required by law to be stated therein, there
is no jurisdiction and the proceedings are
null and void.

Complaint defined. — A complaint is a sworn written statement

charging a person with an offense, subscribed by the offended party, any peace
officer, or other public officer charged with the enforcement of the law violated.
(Rule 110, Sec. 3, The Revised Rules of Criminal Procedure)

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Witnesses; their qualifications. — Except as provided in the next

succeeding section, all persons who can perceive, and perceiving, can make
their known perception to others, may be witnesses.

Religious or political belief, interest in the outcome of the case, or conviction of

a crime unless otherwise provided by law, shall not be ground for
disqualification. (Rule 130, Sec. 20, The Revised Rules on Evidence)

The most common form of evidence is the testimony of witnesses. A

witness can be a person who actually viewed the crime or other event at issue,
or a witness can be a person with other relevant information-someone who
heard a dog bark near the time of a murder, or who saw an allegedly injured
plaintiff lifting weights the day after his accident, or who shared an office with
the defendant and can describe her character and personality. Any competent
person may testify as a witness, provided that the testimony meets other
requirements, such as relevancy." (Http://legal-dictionary.
thefreedictionary.com/Evidence/last accessed December 16, 2015)

A testimony is "evidence given by a competent witness under oath or

affirmation, as distinguished from evidence derived from writing and other
sources." (Gifis, Dictionary of Legal Terms [2016 Fifth Edition), p. 583)

Generally, the function of a "witness" ("testis" in Latin) is to give testimonial

evidence (or testimony) in court.

It is elementary that evidence to be believed must not only proceed

froma credible witness but must be credible in itself. (People v.
Marti, 193 SCRA57 (1991]; People v. Malbago, 185 SCRA311 [1990];
People v. Dayag, 56 SCRA439)

Evidence is credible when it is such as the common experience of

mankind can approve as probable under the circumstances. (People v. Meneses,
288 SCRA 95) There is no test of the truth of human testimony except its
conformity to our knowledge, observation and experience. Whatever is
repugnant to these belongs to the miraculous and is outside of judicial
cognizance. (People v. Amor, 133 SCRA 384)

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References:

 http://www.pnp.gov.ph/index.php/resources/forms/
forms-3
 Atty. Victor Tulalian – Evidence with study helps
 Rules on Evidence

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CHAPTER 6

Application for Search Warrant, Complaint,

and Deposition of Witness

At the end of this module, the learner will be able to:

 Understand the Modes of Discovery and

Perpetuation of Testimony
 Apply on where to file a search warrant

MODES OF DISCOVERY

Deposition is one of the modes

of discovery available to the parties to
a case as a means of informing
themselves of all the relevant facts.
Generally, they are not meant to be a
substitute for the actual testimony in
open court of a party or witness, on
the ground that it is hearsay since the
party against whom it is offered has no
opportunity to cross-examine the
deponent at the time his testimony is
offered at the trial or hearing. But
there are also instances when depositions may be used without the deponent
being called to the witness stand.

No. Section 1, Rule 23 of the Rules of Court clearly provides that the
testimony of any person may be taken by deposition upon oral examination or
written interrogatories at the instance of any party. They are allowed as a
departure from the accepted and usual judicial proceeding of examining
witnesses in open court where their demeanor could be observed by the trial

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judge; and the procedure is not on that account rendered illegal nor is the
deposition thereby taken, inadmissible.

Such deposition may be used by any party for any purpose if the court
finds (1) that the witness is dead; or (2) that the witness is out of the province
or at greater distance than 100 kilometers from the place of trial and hearing, or
is out of the Philippines, unless it appears that his absence was procured by the
party offering the deposition; or (3) that the witness is unable to attend to testify
because of age, sickness or infirmity or imprisonment; or (4) that the party
offering the deposition has been unable to procure the attendance of the witness
by subpoena; or (5) that such exceptional circumstances exist allowing the use
of the deposition as to make it desirable in the interest of justice and with due
regard to the importance of presenting the testimony of witnesses orally in open
court (Section 4, Rule 23, Rules of Court).

In any event, the admissibility of the deposition does not preclude the
determination of its probative value at the appropriate time. The admissibility of
evidence should not be equated with weight of evidence. The admissibility of
evidence depends on its relevance and competence, while the weight of
evidence pertains to evidence already admitted and its tendency to convince and
persuade (San Luis vs. Rojas etc. G.R. 159127, March 3, 2008).

PERPETUATION OF TESTIMONY

A. To perpetuate is to preserve for future use. Rule 134 governs the

procedure on how a party or witness may preserve his testimony because
the person may not be available to personally testify in Court during the
trial of a case in which he may be involved, and therefore the purpose is
prevent the loss or unavailability of the testimony.

B. The depositions are of two kinds:

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1. Depositions de bene esse: one filed after a case has already

been filed in court, i.e to preserve testimony in danger of
being lost before the witness can be examined in court

Examples:

a) the witness scheduled to leave abroad with no possibility of

returning
b) the witness is so sick and might die
2. Depositions perpetuam rei memoriam: one taken in anticipation
of a case not yet filed in court

A. The requirement of notice to the adverse party(ies) is essential. It cannot

be used against a party who was not named in the Petition or not issued a
notice of the date and place of the hearing.

B. The deposition may be taken by oral testimony or by written

interrogatories, as directed by the court.
1. In oral testimony, the court may designate before whom the
testimony shall be taken. The witness undergoes the stages of
direct, cross, re-direct t and re-cross, examinations, which are
duly recorded, including objections by the parties.
2. If the witness is no longer available for personal testimony
during the trial, the testimony as, recorded becomes his
testimony in court.

SEARCH AND SEIZURE

Section 1. Search warrant defined. – A search warrant is an order in

writing issued in the name 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 bring it before the court.

 A search warrant is an order in writing issued in the name 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
bring it before the court.

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What is the concept of a search warrant?

 It is a criminal process akin to a mode of discovery

 It is a special and peculiar remedy, which is drastic in nature

Are search and seizures prohibited under the constitution?

 No. The constitutional guarantee embodied in Article 3, Section 2 of the

Constitution is not a blanket prohibition against all searches and seizures
as it operates only against unreasonable searches and seizures

When is the search or seizure unreasonable?

 A search and seizure are unreasonable if it is made without a warrant, or

the warrant was invalidly issued.
 In all instances, what constitutes reasonable or unreasonable search or
seizure is a purely judicial question determinable from a consideration of
the attendant circumstances.

What are the three situations wherein there must be finding of probable cause?

1. Probable cause in filing of an information

 Facts and circumstances that would engender a well-grounded
belief that a crime has been committed and the person to be charged is
probably guilty thereof
2. Probable cause in the issuance of a search warrant
 Facts and circumstances that would lead a reasonable discreet
and prudent man to believe that there has been a crime committed and the
things and objects connected to the crime committed are in the place to be
searched
3. Probable cause in the issuance of a warrant of arrest
 Facts and circumstances that would engender a well-grounded
belief that a crime has been committed and the person to be arrested
committed it

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Why are the requirements for the issuance of a search warrant more stringent
than the requirements for the issuance of a warrant of arrest?

 The right against unreasonable search and seizure is a core right implicit
in the natural right to life, liberty and property. Even in the absence of a
constitution, individuals have a fundamental and natural right against
unreasonable search and seizure under natural law.
 Moreover, the violation of the right to privacy produces a humiliating
effect that cannot be rectified anymore.
 This is why there is no other justification to speak of for a search, except
for a warrant.
 On the other hand, in a warrant of arrest, the person to be arrested can
always post bail to prevent the deprivation of liberty.

Sec. 2. Court where application for search warrant shall be filed. – An

application for search warrant shall be filed with the following:

(a) Any court within whose territorial jurisdiction a crime was committed.

(b) For compelling reasons stated in the application, any court within the
judicial region where the crime was committed if the place of the commission of
the crime is known, or any court within the judicial region where the warrant
shall be enforced.

However, if the criminal action has already been filed, the application shall
only be made in the court where the criminal action is pending.

Where should one file an application for search warrant?

• As a general rule, any court within whose territorial jurisdiction a crime

was committed BUT FOR COMPELLING REASONS stated in the
application, any court within the judicial region where the crime was
committed if the place of the commission of the crime is known, or any
court within the judicial region where the warrant shall be enforced.
 For example, a drug syndicate keeps his drugs in a warehouse in Pasay
for the reason that it has connections in Pasay and can easily get a tip
when the police officers will file for a search warrant. To avoid the drug
syndicate from getting a tip of the impending search, the police officers
apply for a search warrant in Makati stating the compelling reason.

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• However, if the criminal action has already been filed, the application shall
only be made in the court where the criminal action is pending.

Sec. 3. Personal property to be seized. – A search warrant may be

issued for the search and seizure of personal property:

(a) Subject of the offense;

(b) Stolen or embezzled and other proceeds, or fruits of the offense; or

(c) Used or intended to be used as the means of committing an offense.

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References:
 http://www.pnp.gov.ph/index.php/resources/forms/forms-3
 https://www.philstar.com/opinion/2008/04/09/54995/mode-discovery
 https://batasnatin.com/law-library/remedial-law/evidence/1093-
perpetuation-of-testimony.html
 https://batasnatin.com/law-library/remedial-law/criminal-procedure/698-
search-and-seizure.html

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CHAPTER 7

Memo for Preliminary Investigation,

Motion for Reconsideration, and Notice of
Appeal

At the end of this module, the learner will be able to:

 Understand the Law, Nature and Purpose of

Preliminary Investigation
 Apply on where to file a Preliminary Investigation,
Motion for Reconsideration, and Appeal

Law, Nature and Purpose of Preliminary Investigation in the Philippines

Rule 112 of the 2000 Rules of

Criminal Procedure governs the conduct
of a preliminary investigation.

A preliminary investigation is an
inquiry or proceeding to determine
whether there is sufficient ground to
engender a well-founded belief that a
crime has been committed and the
respondent is probably guilty thereof, and
should be held for trial.

Preliminary investigation is the proceeding where the public prosecutor

is given broad discretion to determine whether probable cause exists for the
purpose of filing a criminal information in court. This is an executive
determination of probable cause.

A preliminary investigation is required to be conducted before the filing

of a complaint or information for an offense where the penalty prescribed by law
is at least four (4) years, two (2) months and one (1) day without regard to the
fine.

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Who are the officers authorized to conduct preliminary investigations?

The following may conduct preliminary investigations:

1. Provincial or City Prosecutors and their assistants;

2. Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts;
3. National and Regional State Prosecutors; and
4. Other officers as may be authorized by law.

Their authority to conduct preliminary investigations shall include all

crimes cognizable by the proper court in their respective territorial jurisdictions.

How shall preliminary investigation be conducted?

A complaint must be filed which shall state the address of the

respondent and shall be accompanied by the affidavits of the complainant and his
witnesses, as well as other supporting documents to establish probable cause.
They shall be in such number of copies as there are respondents, plus two (2)
copies for the official file. The affidavits shall be subscribed and sworn to before
any prosecutor or government official authorized to administer oath, or, in their
absence or unavailability, before a notary public, each of who must certify that
he personally examined the affiants and that he is satisfied that they voluntarily
executed and understood their affidavits.

Within ten (10) days after the filing of the complaint, the investigating
officer shall either dismiss it if he finds no ground to continue with the
investigation, or issue a subpoena to the respondent attaching to it a copy of the
complaint and its supporting affidavits and documents.

The respondent shall have the right to examine the evidence submitted
by the complainant.

Within ten (10) days from receipt of the subpoena with the complaint
and supporting affidavits and documents, the respondent shall submit his
counter-affidavit and that of his witnesses and other supporting documents
relied upon for his defense. The counter-affidavits shall be subscribed and
sworn to and certified, with copies thereof furnished by him to the complainant.
The respondent shall not be allowed to file a motion to dismiss in lieu of a
counter-affidavit.

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If the respondent cannot be subpoenaed, or if subpoenaed, does not

submit counter-affidavits within the ten (10) day period, the investigating officer
shall resolve the complaint based on the evidence presented by the complainant.

The investigating officer may set a hearing if there are facts and issues
to be clarified from a party or a witness. The parties can be present at the
hearing but without the right to examine or cross-examine. They may, however,
submit to the investigating officer questions which may be asked to the party or
witness concerned.

The hearing shall be held within ten (10) days from submission of the
counter-affidavits and other documents or from the expiration of the period for
their submission. It shall be terminated within five (5) days.

Within ten (10) days after the investigation, the investigating officer
shall determine whether or not there is sufficient ground to hold the respondent
for trial.

What happens if there is no probable cause?

The investigating prosecutor shall recommend the dismissal of the

complaint if he finds no cause to hold the respondent for trial.

What happens if there is probable cause?

If the investigating prosecutor finds cause to hold the respondent for

trial, he shall prepare the resolution and information. He shall certify under oath
in the information that he, or as shown by the record, an authorized officer, has
personally examined the complainant and his witnesses; that there is reasonable
ground to believe that a crime has been committed and that the accused is
probably guilty thereof; that the accused was informed of the complaint and of
the evidence submitted against him; and that he was given an opportunity to
submit controverting evidence.

Within five (5) days from his resolution, he shall forward the record of
the case to the provincial or city prosecutor or chief state prosecutor, or to the
Ombudsman or his deputy in cases of offenses cognizable by the Sandiganbayan
in the exercise of its original jurisdiction. They shall act on the resolution within

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ten (10) days from their receipt thereof and shall immediately inform the parties
of such action.

No complaint or information may be filed or dismissed by an

investigating prosecutor without the prior written authority or approval of the
provincial or city prosecutor or chief state prosecutor or the Ombudsman or his
deputy.

In the case of Quisay vs. People, G.R. No. 216920, 13 January 2016,
the Supreme Court pronounced that Information filed by the Assistant City
Prosecutor (ACP) of Makati City is void if there was no prior written authority
from the City Prosecutor, even if the information contained a certification that
the ACP had prior written authority from the City Prosecutor.

Where the investigating prosecutor recommends the dismissal of the

complaint but his recommendation is disapproved by the provincial or city
prosecutor or chief state prosecutor or the Ombudsman or his deputy on the
ground that a probable cause exists, the latter may, by himself, file the
information against the respondent, or direct any other assistant prosecutor or
state prosecutor to do so without conducting another preliminary investigation. If
upon petition by a proper party under such rules as the Department of Justice
may prescribe or motu proprio, the Secretary of Justice reverses or modifies the
resolution of the provincial or city prosecutor or chief state prosecutor, he shall
direct the prosecutor concerned either to file the corresponding information
without conducting another preliminary investigation, or to dismiss or move for
dismissal of the complaint or information with notice to the parties. The same
rule shall apply in preliminary investigations conducted by the officers of the
Office of the Ombudsman.

Is hearsay evidence admissible in Preliminary Investigation?

In the case of Senator Estrada vs. Office of the Ombudsman, et. al.,
G.R. Nos. 212140-41, 21 January 2015, the Supreme Court answered in the
affirmative, to wit:

“Probable cause can be established with hearsay evidence, as long as there is

substantial basis for crediting the hearsay. Hearsay evidence is admissible in
determining probable cause in a preliminary investigation because such
investigation is merely preliminary, and does not finally adjudicate rights and
obligations of parties.”

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What is a motion for reconsideration?

A motion for reconsideration is a prime opportunity to seek relief from a Court

Order.

RULE 52, Rules of Court – Civil Procedure

Motion for Reconsideration

Section 1. Period for filing. — A party may file a motion for reconsideration of a
judgment or final resolution within fifteen (15) days from notice thereof, with
proof of service on the adverse party.

Section 2. Second motion for reconsideration. — No second motion for

reconsideration of a judgment or final resolution by the same party shall be
entertained.

Section 3. Resolution of motion. — In the Court of Appeals, a motion for

reconsideration shall be resolved within ninety (90) days from the date when the
court declares it submitted for resolution.

Section 4. Stay of execution. — The pendency of a motion for reconsideration

filed on time and by the proper party shall stay the execution of the judgment or
final resolution sought to be reconsidered unless the court, for good reasons,
shall otherwise direct.

RULE 122 - APPEAL

Section 1. Who may appeal. – Any party may appeal from a judgment or final
order, unless the accused will be placed in double jeopardy.

Is appeal part of due process?

• Appeal is a purely statutory and isn’t part of due process except when
provided by law
• If the right to appeal is granted by law, it becomes part of due process,
and it must be exercised in accordance with the procedure laid down by
law. It is compellable by mandamus.

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Sec. 2. Where to appeal. – The appeal may be taken as follows:

(a) To the Regional Trial Court, in cases decided by the

Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court,
or Municipal Circuit Trial Court;

(b) To the Court of Appeals or to the Supreme Court in the proper cases
provided by law, in cases decided by the Regional Trial Court; and

(c) To the Supreme Court, in cases decided by the Court of Appeals.

Where does one file an appeal?

• If the case was decided by the MTCs, the appeal should be made with the
RTC
• If the case was decided by the RTCs, the appeal should be made with the
CA or SC in proper cases provided by law
• If the case was decided by the CA, the appeal should be filed with the SC

Notice of Appeal

A notice of appeal—a written document filed by the appellant with the

court and a copy of which is sent to the appellee—is the initial step in the
appeals process. It informs the court and the party in whose favor a judgment or
order has been made that the unsuccessful party seeks a review of the case.
Failure to file a notice of appeal according to the statutory requirements will
preclude appeal.

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References:
 https://ndvlaw.com/what-happens-during-a-preliminary-investigation/
 https://batasnatin.com/law-library/remedial-law/criminal-procedure/683-
appeal-who-may-appeal-where-to-appeal.html
 http://www.pnp.gov.ph/index.php/resources/forms/forms-3

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CHAPTER 8

Inter-Unit Coordination, and Maintenance

of Police Blotter

At the end of this module, the learner will be able to:

 Understand the Inter-Unit Coordination, and

Maintenance of Police Blotter
 Apply the important coordination in PNP operations

INTER-UNIT COORDINATION

Personal Coordination or by Official

Representative

Team Leader/s (TL) of

local police units operating outside
their territorial jurisdiction and
National Support Units (NSUs) shall
coordinate, personally or through an
official representative, with the
Police Regional, Provincial or City
Police Office within whose jurisdiction the operation is to be conducted.

Coordination by Filing Coordination Form

Prior to the launching of the operation, except in cases where the

formal (in writing) inter-unit coordination cannot be made due to the nature
and/or urgency of the situation such as, but not limited to, cross-jurisdictional
pursuit operations, coordination should be made formally using the prescribed
Coordination Form, which shall be fi led with the concerned operation center of
the Police Regional, Provincial or City Office (Annex “A” – Coordination Form).

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Coordination by Practical/Available Means of Communication

In cases where formal inter-unit coordination is not feasible, the Police

Unit concerned shall endeavor to notify the territorial police office through any
practical/available means of communication at any time during the operation and,
if not possible, shall accomplish and furnish the territorial Police Office a written
incident report immediately after the termination of the operation.

MAINTENANCE OF POLICE BLOTTER

Police Blotter

Each PNP operating unit shall maintain an official police blotter where
all types of operational and undercover dispatches shall be recorded containing
the five “Ws” (who, what, where, when and why) and one “H” (how) of an
information.

A Police blotter is a logbook that contains the daily registry of all crime
incident reports, official summaries of arrest, and other significant events
reported in a police station.

Police Blotter for Cases involving Women and Children

A separate Police Blotter, however, shall be maintained for crime

incident reports involving violence against women and children and those cases
involving a child in conflict with the law to protect their privacy pursuant to
Republic Act (RA) 9262 (Anti-Violence Against Women and Children Act of
2004) and RA 9344 (Juvenile Justice and Welfare Act of 2006), respectively.

Crime Incident Reporting System (CIRS)

Each PNP operating unit shall also maintain and utilize the PNP Crime
Incident Reporting System (CIRS), an electronic reporting system that facilitates
crime documentation, modernizes data storage and provides quick and reliable
transmission of crime information from lower units and NOSUs of the PNP to the
National Headquarters at Camp Crame, Quezon City.

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Blotter Procedure

Before entry into the blotter book, the Duty Officer (DO) should first
evaluate if the report is a crime incident, arrest or event/activity, which is for
records purposes only. If the report is a crime incident, the DO shall first
accomplish the Incident Record Form (IRF) from which the entry in the blotter
book and IRS shall be extracted. All other reports shall be recorded directly to
the blotter book. (PNP SOP No. 2012-001 “Incident Recording System”)

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References:
 https://ndvlaw.com/what-happens-during-a-preliminary-investigation/
 https://batasnatin.com/law-library/remedial-law/criminal-procedure/683-
appeal-who-may-appeal-where-to-appeal.html
 http://www.pnp.gov.ph/index.php/resources/forms/forms-3

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CHAPTER 9

PNP BOOKING

At the end of this module, the learner will be able to:

 Understand the PNP Booking Form

 Recall the polices and guidelines of the PNP booking
Form

BOOKING OF ARRESTED SUSPECTS

Booking of arrested suspects shall be

undertaken to record and document the information
surrounding the arrest of the suspect. (PNP
Standard Operating Procedures No. 2011-013
“Booking of Arrested Suspects”)

Policies and Guidelines

The following policies and guidelines shall be adhered to by all PNP

personnel involved in the booking of arrested suspects:

a. General Policy

After arrest, a suspect is taken into police custody and “booked” or

“processed”. During booking, the following procedures shall be
performed by designated police officers.

1) Record the arrest made in the Police Blotter;

2) Conduct pat down or strip search of the suspect;
3) Submit the suspect for medical examination;

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4) Take the criminal suspect’s personal information (i.e. name, date

of birth, physical characteristics, etc.);
5) Record information about the suspect’s alleged crime;
6) Perform a record search of the suspect’s criminal background;
7) Fingerprint and photograph the suspect;
8) Take custody of any personal property carried by the suspect
(i.e. keys, purse), to be returned upon the suspect’s release; and
9) Place the suspect in a police station lock-up/holding cell or local
jail.
b. Specific Functions, Responsibilities and Procedures

The following are the functions, procedures and responsibilities of

the different personnel during the booking of arrested suspects:

1) Arresting Officer (AO):

a) Upon arrest, the Arresting Officer (AO) shall immediately
bring the suspect/s to the police station and present the
suspect/s to the Desk Officer (DO);
b) The AO shall ask the Desk Officer to record in the police
blotter the circumstances of the arrest as well as the identity
of the suspects and names of Arresting Officers (AO). This
procedure of assigning a blotter number to the arrest of the
suspects signifies that the police station has officially taken
cognizance of the arrest. The AO shall sign in the blotter
entry;
c) The AO and the DO shall thereafter conduct a more thorough
pat-down search of the suspects. Any deadly weapon or
contraband found and confiscated shall also be recorded in
the blotter. When women or children are among those
arrested, the DO shall task the duty WCPD officer to conduct
the pat-down. A strip search may be conducted as the
situation demands but only with the authority of the Chief of
Police (COP) or the Officer on Duty. A strip search, if
conducted, will be so indicated in the blotter;
d) After the pat-down, the AO shall request the DO to prepare
PNP Booking Form-1 (Request for Medical Examination of
the Suspect)
e) The AO shall receive the accomplished medical examination
request form and then shall be responsible for

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bringing/escorting the suspect/s to the government hospital

referred to in the request for the examination of the
suspect/s;
f) The AO shall receive the Medical Examination results from
the government physician and then he shall bring back the
suspect/s to the police station and turn-over the suspect/s
and the results of the medical examination to the Duty
Investigator (DI); and
g) The AO will obtain PNP Booking Form 2 - “Arrest and
Booking Sheet” and refer it to the DI so that both of them will
accomplish the form, diligently providing all the information
required in the form. The copy of the Arrest and Booking
Form shall form part of the Case folder and kept at the
Investigation Section at the police station (Arrest and Booking
Sheet)
2) Desk Officer (DO):
a) Upon presentation by the AO of the arrested suspect/s to the
DO, the Desk Officer (DO) shall log and record the details of
the arrest made and assign a blotter entry number to the
arrest. The entry shall include the name of the arresting
officer and information as to the identity of the suspects and
shall contain the five (5) “W”s and one (1) “H” (Who, What,
Where, When, Why and How) of an information as well as the
name of the government hospital where the suspect/s will be
referred for medical examination;
b) After recording in the police blotter, the DO together with the
AO shall conduct a redundancy pat-down search of the
suspect/s. This procedure is necessary to ensure that the
suspect/s do not carry any deadly weapons or contraband
when they are referred to a government hospital for medical
examination. Any weapons or contraband or any other items
confiscated or taken in custody during the pat down search
shall likewise be recorded in the blotter. (If the suspect is a
woman or child, the Desk Officer shall call for the duty WCPD
officer who shall conduct the search); and
c) The Desk Officer shall then prepare or accomplish PNP
Booking Form (PNPBF)-1 “Request for Medical Examination
of the Arrested Suspect”. The Desk Officer shall have the

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police station Officer on Duty (OD) to sign the request form,

but in the absence of the OD, the Desk Officer may sign the
request form himself.
3) Duty Investigator (DI):
a) After medical examination, the Arresting Officer shall refer
the suspect/s and the case to the Duty Investigator (DI). The
DI and the AO shall accomplish the PNP Booking Form-2
“Arrest and Booking Form” and ensure that a copy of the
results of the medical examination are attached to the
booking form;
b) The DI shall obtain personal information from each suspect
and accomplish PNPBF-2 with the help of the AO. The
PNPBD-2 booking sheet should contain among others the
personal circumstances of the suspect/s. Likewise, the initial
determination of the nature of the offense is included in the
booking sheet. The last part of the booking sheet refers to
the medical history or information known of the suspect/s,
this part should not be confused with the medical certification
issued by a doctor upon his arrest which shall be attached to
the PNP Booking Form-2A (Medical Examination Result
Sheet)
c) The DI shall conduct record check to determine if the
arrested suspect/s have previous or existing cases and/or
standing warrant of arrest;
d) The Duty Investigator shall not process suspects brought by
the Arresting Officers who have not undergone a medical
examination in a government hospital;
e) The DI shall ensure that Mug Shots or the photographic
portrait of the suspects is taken in four (4) different methods
in accordance with the procedures. The 4R mug shots shall be
attached to or printed in the PNP Booking Form2B (Mug Shots
of Suspects)
f) The Duty Investigator shall prepare a Turn-over Receipt
Form (from Investigator to the Jailer) known as PNP Booking
Form-3 (Turn Over of Arrested Suspects Form and Jailer’s
Receipt of Suspects Form”). The Jailer of the Station will now
take responsibility of the suspect. If it is necessary that the
arrested persons be placed in the lockup cell, a complete

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body frisking of the suspect by pat-down type search for any

concealed weapon must be done. Strip search shall be
conducted if necessary. On body search of arrested male
suspect, it is typically not required to same sex pat down
searches, but it is wise. When it comes to women and
children, the WCPD officer who is familiar with women and
children protection duties will conduct the search. Search is
done to ensure that no prohibited object will be brought inside
the lock-up cell, particularly sharp objects that can be used to
hurt other prisoners and ropes that might be used for
entangling;
g) All personal valuables of the suspect that are not allowed to
be brought inside the lock-up cell will be collected by the
Investigator and shall be turned-over to the police station
Property Custodian. The Investigator shall prepare PNP
Booking Form 4. (Suspect’s Personal Property Receipt Form)
h) The DI shall also be responsible for ensuring that the
suspects’ fingerprints or ten prints are taken by the
Fingerprint Technician, using both the ten-print card and the
PNPBF-2. Only a trained Fingerprint Technician shall be
allowed by the DI to take the ten prints of the suspects using
the standard PNP Crime Laboratory Form No 452-038 to
ensure that this will be readable by the Automated Fingerprint
identification System (AFIS). The ten-print card is considered
as an integral part of the booking form and is known as PNP
Booking Form-2C (Ten print Card);
i) The DI must always inform the Desk Officer of the status of
the case and the suspect so that updates will be entered in
the police blotter;
j) The Investigator shall be responsible for preparing the
necessary documents such as: Affidavit-complaint; affidavit
of witness; booking and arrest report; photo copy of
recovered evidence if any; and a letter of case referral to the
Prosecutor’s Office that should be signed by the Station
Commander or police station Officer on Duty with the
former’s unavailability. (Booking of Arrested Suspects
Flowchart)

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PNP BOOKING FORM - 1 “Medical Examination of Arrested Suspects

Request Form”

Republic of the Philippines

Department of the Interior and Local Government
PHILIPPINE NATIONAL POLICE
______________________________________
_______________________

Date:________________

Request for Medical Examination of Arrested Suspect/s

The Duty Physician:

_______________________________________________
_______________________________________________

Sir/Madam:

Respectfully request for the Medical Examination of the following suspects who were
arrested by personnel of this Office on ________________ 20____:

a. _________________________________________________ sex_____
b. _________________________________________________ sex_____
c. _________________________________________________ sex_____
d. _________________________________________________ sex_____
e. _________________________________________________ sex_____

Please furnish the arresting officer/escort officer, (Rank/Name) __________

_________________________________________________ a copy of the result of the
Medical Examination for our reference.

Rest assured of our continuous support on matters of mutual interest. Thank you.

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For the Chief of Police:

___________________________________________
Rank/Name/Signature of the Desk or Duty Officer
REF: (BLOTTER ENTRY NR: ________________)

_____________________________________
Rank/Name/Signature of the Arresting Officer

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PNP BOOKING FORM 2 – “Arrest and Booking Form”

Republic of the Philippines

Department of the Interior and Local Government

PHILIPPINE NATIONAL POLICE

______________________________________

_______________________
Picture

2x2 PNP ARREST AND BOOKING SHEET

FRONT VIEW (to be accomplished by the Arresting Officer)

BLOTTER ENTRY NR: ____________ DATE: _____________

PERSONAL INFORMATION:

________________________________________________________________________________
(Last Name) (First Name) (Middle Name)

ADDRESS: _______________________________________________________________________

TEL NO._______________________ POB ______________________ DOB ___________________

MARITAL STATUS: SINGLE WIDOW/ER SEX: MALE

MARRIED SEPARATED FEMALE

AGE: _____ WEIGHT (lbs): __________HEIGHT (Ft): ________EYES:___________HAIR:_________

COMPLEXION: ____________OCCUPATION: ______________NATIONALITY:_________________

ETHNIC GROUP_______________________DIALECT/LANGUAGE__________________

HIGHEST EDUCATIONAL ATTAINMENT: _______________________________________________

NAME OF SCHOOL: ________________________________________________________________

LOCATION OF SCHOOL: ____________________________________________________________

IDENTIFYING MARKS: MOLE TATOO BIRTHMARK SCAR

LOCATION OF IDENTIFYING MARKS__________________________________________________

PHYSICAL DEFORMITY/DEFECT ____________________________________________________

DRIVER’S LIC NR: ________________________ISSUED AT: ______________ ON: _____________

RES CERT NR: __________________ DATE AND PLACE OF ISSUE: ________________________

OTHER ID CARDS: _______________________________________________ID NR: ____________

ARREST INFORMATION:

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OFFENSE CHARGE:__________________________________________ ____________________

(NATURE OF OFFENSE) (CRIM/IS NO.)

MODUS OPERANDA:_______________________________________________________________

WHERE ARRESTED: _______________________________________________________________

DATE ARRESTED: ______________________________________ TIME: ____________________

ARRESTING OFFICER/S:

Rank:________Name:______________________________Signature:_____________________

Rank:________Name:______________________________Signature:_____________________

Rank:________Name:______________________________Signature:_____________________

SIGNATURE___________________________________ UNIT: ______________________________

MEDICAL EXAMINATION CONDUCTED AT: ____________________________________________

BY: DR. ___________________________________________________ ON: ___________________

REMARKS:_____________________________________________________________________

FINGERPRINT TAKEN BY: __________________________________________________________

PHOTO TAKEN BY: ________________________________________________________________

INVESTIGATOR ON CASE:___________________________________________________________

BOOKED BY (RANK/NAME/SIGNATURE): ______________________________________________

SIGNATURE OF PERSON ARRESTED: _______________________________________________

(INDICATE IF SUSPECT REFUSE TO SIGN)

OTHER INFORMATION:

NAME OF FATHER: _____________________________________________________ AGE: _____

ADDRESS: _______________________________________________________________________

NAME OF MOTHER: ____________________________________________________ AGE: ______

ADDRESS: _______________________________________________________________________

NAME & ADDRESS OF PERSON TO BE CONTACTED IN CASE OF EMERGENCY:

NAME: __________________________________________________ RELATIONSHIP: _________

ADDRESS: _____________________________________________ TEL # _____________________

LAWYER: _________________________________________ TEL #: _________________________

DOCTOR: _________________________________________ TEL #:_________________________

HEALTH PROBLEM: ________________________________________________________________

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NOTE: USE THE PNPCL FORM 452-038 (STANDARD TEN PRINT CARD) TO TAKE THE TENPRINT
OF THE SUSPECT FOR EVENTUAL SUBMISSION TO PNPCL-AFIS

(ATTACH THE MEDICAL EXAM RESULT; MUG SHOTS; TENPRINTS OF SUSPECT)

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Republic of the Philippines

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Department of the Interior and Local Government

PHILIPPINE NATIONAL POLICE
______________________________________
_______________________

TURN-OVER OF ARRESTED SUSPECT

BLOTTER ENTRY
NR: ____________ Date_________________

This is to certify that the following arrested suspect/s identified as indicated:

Name: __________________________________________________________
Address: _________________________________________________________
Sex: _________ Age: _________ DOB:______________ POB ______________

Name: __________________________________________________________
Address: _________________________________________________________
Sex: _________ Age: _________ DOB:______________ POB ______________

Name: __________________________________________________________
Address: _________________________________________________________
Sex: _________ Age: _________ DOB:______________ POB ______________

Name: __________________________________________________________
Address: _________________________________________________________
Sex: _________ Age: _________ DOB:______________ POB _____________,

Who was/were arrested on____________20____at

_________________________________________________________________ (time/date).

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This further certifies that the arrested suspect/s have been examined by
Dr.____________________________________________ on _______________ at
____________________________________________________________.

Rank/Name/Signature of Duty Investigator Rank/Name/Signature of Arresting Officer

__________________________________ ______________________________
__________________________________ ______________________________

Received By:

_____________________________________
Rank/Name/Signature of Duty Jailer
Time/Date: ________________

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References:
 https://www.pro5.pnp.gov.ph/sorsogonppo/index.php/downloads/send/3-
manuals/7-revised-philippine-national-police-operational-procedures
 https://didm.pnp.gov.ph/index.php/accomplishments
 http://www.pnp.gov.ph/index.php/resources/forms/forms-3

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CHAPTER 10

Investigative/Police Report Writing

At the end of this module, the learner will be able to:

 Define Report
 Enumerate the basic parts of Sworn Statement
 Remember the Cardinal Techniques in statement-
taking

Report

defined as an account or
statement describing in detail an
event, situation or the like, usually as
the result of observation, inquiry, etc.

It is also referring to statement

or announcement. A report of
investigation is an objective
statement of the investigator’s finding
it is an official record of information
relevant to the investigation which the investigator submits to his superior.

The effectiveness of an investigator is judged to a large extent by his

reports of investigation. The reputation of an investigator is measured to a large
extent by the kind of report he submits. The report on finish cases provides the
vehicles for Higher Headquarters to action on the matter.

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Purpose of an Investigation Report:

 RECORD – The report provides permanent official record of relevant

information obtained in the course of the investigation.
 LEADS - The report provides other investigators with information to
further advance their own investigation; and
 PROSECUTION ACTION– The report is a statement of facts on which
designed authorities may have a criminal, corrective or disciplinary action.

Sworn Statement and Affidavit

1. The sworn statement refers to a written statement voluntarily executed

under by any person, a suspect or a witness, which may be taken in a
“question and answer format” or in a “narrative format (affidavit)”.
2. The sworn statement and affidavit shall state only facts of direct personal
knowledge of the affiants which are admissible in evidence and shall show
their competence to satisfy to the matters stated therein.
3. Everyone can give statement but not anyone can lay claim to know the
technique and rudiments of statement-taking. In investigation, statement-
taking is an avoidable necessity and inherent for the documentation of
narrated facts.
4. The investigator who is taking the statement has a fixed universal
importance and belong to a particular class of person in the police upon
whom peculiar duties and responsibilities are vested by the rules in
consequence. This accepted dictum underscores the need for evaluation
and reappraisal of the qualification and quality of the men assigned in
investigation.
5. To the layman, statement-taking is self-explanatory. To the academe, it
is both an art and science. To the investigator, it is an omnibus searching
questions and answers on issues respecting a matter of fact. To the
lawyer, the statement taken by the investigator is a public document.
Within this milieu of connotations, statement should be viewed in the
highest pedestal of respect and not just a piece of paper.

Cardinal Techniques in Statement-Taking

The novelty of this technique instatement-taking is tailored to support the

investigator on how not to become an easy legal prey to unscrupulous counsel

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who has no qualms for truth and fair play while it transcends ethical norm,
sometimes it was resorted to by counsel in his vain/attempt to defend his client.

1. No verbal or written interrogation shall be made without knowing even the

initial facts of the case under investigation. (It would be fatal error to hold
otherwise. For how could one ask something when he knows nothing);
2. Likewise, no written interrogation shall be made without having a
preliminary verbal interrogation of the eyewitnesses or the offended
party. (It would be an exercise in futility if, after the written interrogation,
the witness is not qualified or the narrated facts are not relevant and
material to the case in point, and therefore, inadmissible as evidence)
3. The taking of the statement should always be witnessed by a third party.
(Sometimes, affiant when bribed or threatened. refutes material facts on
the statement to favor a party). This third party therefore, can
corroborate with the investigator to dispute this adverse claim;
4. Actual taking of written interrogation whether a suspect, an eyewitness or
victim should be documented through a photograph or video. (Photograph
or video, as a technique, can impugn the claim of the affiant that the
statement was prepared under duress and coercion);
5. All written interrogation shall be chronologically numbered at the middle
portion of the broken line that divides the heading and the body of the
statement, with the corresponding initials of the investigators in every
page thereafter. (This technique is incorporated to determine whether the
statement was altered or substituted with collusion of the affiant);
6. In no case shall the investigator correct, change or alter the colloquial
expression or the regional accent of the affiant in his answer to the
questions. (It would be ridiculous that during the cross-examination, the
witness narrated that facts in broken-Tagalog, but finds that his sworn
statement is couched in high sounding Tagalog version);
7. The affiant, whether an eyewitness, suspect or victim, should be made to
affix his right index fingerprint adjacent to his signature in every page of
the statement. (Sometimes the affiant, upon advice of the counsel, disowns
his signature; his fingerprint, therefore, would be lie this claim);
8. Provide an intentional error at the beginning, middle and the last portion
of the statement, for the affiant to correct and to initial legibly. (This
another technique, when the affiant will later aver that he was forced to
sign without the benefits of reading the content thereof);
9. All statement should be subscribed before any authorized administering
officer as provided for by law. (While it is admitted that the statement

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whether unsigned or unsubscribed is admissible as evidence according to

weight of authorities, the more reason when it is subscribed);
10.The investigator should establish and maintain a personal file of
documents and records of each case for future referrals. (This Technique
is a safeguard against insidious ploy for substitution or loss of records).

The Role of the Investigator as a Guardian of the Law is, therefore crucial to
attain this vision of a just society. Thus, anyone who commits any of the
following should be charge accordingly:

1. The actionability under Article 180(False Testimony Against the

Defendant) of the RPC is when a person testifies falsely under against the
defendant knowing that it is premised on a deliberate falsehood. What the
law intends to punish is the mere giving of false testimony by the witness
regardless of whether the principal in the case is acquitted.
2. If a witness gave false testimony in favor of the defendant, he is liable
under Article 181 (False Testimony Favorable to the Defendant) of the
RPC. In People versus Reyes, it was held that while false testimony in
favor of an accused maybe less obnoxious that false testimony against
him, both forms of false testimony are equally repugnant to the orderly
administration of justice and deserve to be rigorously repressed.
3. When a person made a statement under oath or execute an affidavit upon
material matter before a competent officer with assertion of falsehood, he
is guilty of perjury under Article 183 of the RPC.
4. If a person in judicial or official proceeding offered in evidence a false
witness or false testimony knowing that the witness or the testimony was
false is punishable under Article 184 (Offering False Testimony in
Evidence) of the RPC.
5. If a person induces a witness to testify falsely by reason of pecuniary
gain, offering reward r promise, then he is guilty as principal by
inducement under Article 171 Para 2 of the RPC. Said the court in U.S.
versus Indanan, “It is necessary that the inducement be the determining
cause of the commission of the crime by the principal or by direct
participation, that is, without such inducement the crime would not have
been committed”.
6. If the offender attributed to a person to have participated in any act or
proceeding statements other than those in fact made by him, by taking

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advantage of his official position, then he is liable for falsification under

Article171, Para 3 of the RPC.
7. If the offender performs an act that directly incriminates or imputes to an
innocent person the commission of a crime which does not constitute
perjury, then he is liable for incriminatory machinations under Article
363(Incriminating Innocent Person) of the RPC.
8. If for blind obedience to superior orders, the investigator aids in
concealing or destroying the body of the crime to prevent its discovery,
he is liable for accessory after the fact under Article 19, Paragraph 2. this
is a unique example where investigator now becomes the subjects of
investigation. (Revised Penal Code).
9. If the facts narrated in the investigation report is a deliberate perversion
of truth to favor a friend. It violates Article 174, paragraph 4. what this
Article punishes is the untruthful narration of facts and not the making of
an erroneous legal conclusion.
10.If pressured, any investigator who willfully and corruptly swears a witness
false testimony in favor of a defendant, is guilty under Article 180 of the
RPC and deserves to be rigorously repressed.
11.If an investigator has any sense of dignity and worth, he would not, out of
vindictiveness, incriminate or impute to an innocent person the
commission of a crime, he is liable under Article 363 of the RPC. What the
law punishes is the act of “planting” evidence tantamount to incriminatory
machination.

Types of written statement

1. Question and Answer Type –it is preferable to a narrative type. It is easier

to develop or prove the essential elements of an offense through
questions and answers. However, Leading and Misleading Questions
should be avoided in the Question and Answer Type.
a. Leading Question – suggest to the witness or accused the answers
which the investigator desires.
b. Misleading Question - is one which assumes as true facts not yet
testified to by the witness or suspect or contrary to that which
he/she has previously stated whereby may be induced to give an
answer which appears to say more than he/she means.

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The Question and Answer Report

a. Preliminary statement (Free and voluntary statement given by the (Name,

and address of the person investigated) during the course of the
investigation conducted by (rank, name of the Investigator, name of the
office, time and date) in the presence of ______________, in the manner of a
question and answer investigation.
b. Declaration of the fact that R.A. 7438 is complied.
c. Start of the Questioning
d. Signature of the affiant
e. Jurat – refers to an act in which an individual on a single occasion: (a)
appears in person before the notary public and presents an instrument or
document; (b) is personally known to the notary public or identified by the
notary public through competent evidence of identity as defined by these
Rules; (c) signs the instrument or document in the presence of the notary;
and (d) takes an oath or affirmation before the notary public as to such
instrument or document.
f. Certification of the Administering officer

BASIC PARTS OF SWORN STATEMENT

The sworn statement of the witness, complainant/victim and informant

should be in language or used by him and should contain the following basic
parts:

Republic of the Philippines)

City of Manila) S.S.

SS is the abbreviation of “Scilicet” which means “to wit;

namely.” It used to particularize a general statement, Thus,
“Republic of the Philippines, SS, City of Manila” means: In
the Republic of the Philippines; but more particularly in the
City of Manila. The omission of “SS,” in a legal document is
not material so as to invalidate it.

Narrative Type (Affidavit) –it is hard for the judge to believe that in a narrative
type of confession/statement, the subject voluntarily directed all that is in the

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confession/statement. Affidavit is a form of sworn statement made in a narrative

style. It is usually started with a “SCILICET” which is usually abbreviated as S.S.
example:

1. The title or identification of the statement containing the name and

address of the affiant, the name of the investigator as well as his rank, the
witnesses to the statement, information as to where and when the
statement was taken;
2. The affiant shall be informed of his Constitutional Rights
3. The questions revealing the personal circumstances of the affiant;
4. The question asking the affiant if he/she knows why he/she is being
questioned;
5. The questions proving the individual elements of the suspected
violation/crime (What, When, Where, Who, Why, and How);
6. The affiant’s sworn statement should contain sufficient details as to the
commission of the offense/crime;
7. The affiant shall be informed that the investigator has no more question to
him/her;
8. The sworn statement should contain errors or mistakes in every page
intentionally committed by the investigator. While reading it, the affiant’s
attention should be invited to these errors or mistakes. He/she should
make to correct them in his own handwriting and affix his/her initials
thereto. In many instances, the affiant upon advice of the counsel would
wish to deny the statement or set up the defense that he/she has signed
the statement without reading it. All personal corrections of the affiant
thereof would disprove all the foregoing denials; and
9. The signature of the affiant (if Minor- to include the signature of the
parents/guardian).

References:
 http://pdancehits.blogspot.com/2013/09/investigativepolice-
report-writing.html
 PROF. FELINO AGUIT BRAGADO
 https://www.chanrobles.com/supremecourtamno02-8-13-
sc2004.html#.X6oNocgzaHs


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