INVESTIGATIVE/POLICE REPORT WRITING

INVESTIGATIVE/POLICE REPORT WRITING
PROF.FELINO AGUIT BRAGADO

REPORT – defined as anaccount 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 orannouncement.

  A report of investigation is an objectivestatement of the investigator’s finding it is an official record of information relevant to the investigationwhich the investigator submits to his superior.

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

PURPOSEOF AN INVESTIGATION REPORT:

1.RECORD – The report providespermanent official record of relevant information obtained in the course of theinvestigation.

2. LEADS -   The report provides other investigators with information tofurther advance their own investigation; and 

3. PROSECUTION ACTION– The report is astatement of facts on which designed authorities may have a criminal,corrective or disciplinary action. 

CRITERIAOF GOOD INVESTIGATION REPORT:

   (An investigator report is subject to closescrutiny at all level of the command. It must meet certain criteria, some ofwhich are)

1.It must be grammatically correct

2.Abbreviation must be used appropriately and correctly

3. The report should avoid slang,colloquialism or unnecessary technical terms.

REQUISITESOF GOOD INVESTIGATION REPORT:

1. ACCURACY –  The report should be a true representation of the facts to thebest of the investigator’s ability. Information both favorable and unfavorableto the suspect should be included. Information should be verified bystatements  of other witnesses and byreference to official records or to other reliable sources;

2. COMPLETENESS –  The questions  WHEN,WHERE, WHAT, WHY, WHO, andHOW should be answered.The elements of crime should be established and the additional facts developedshould tend to prove theses elements. The report should be documented byappending important statements, letters, findings of other agencies andlaboratory reports; 

3. BREVITY -   Irrelevant or unnecessary materials should be omitted; 

4. FAIRNESS –  The investigator should take the facts as he finds them, and ifever he has theories, it must be consistent with these facts; 

5. FORM AND STYLE–  The arrangement of the materials presented should be in amanner which will make the report easy to read. Form includes properparagraphing, underscoring, capitalization and heading. The report should bewritten in the third person, the investigator referring to himself  as the “investigator”; 

6. PROMPT –  The report must be completed in a timely manner. Yourcredibility may be opened to speculation if this rule is not followed. 

TYPEOF REPORT WRITTERS:

1.Those who write without thinking.

2.Those who write and think at he same time; and

3.Those who think first and write afterwards.

In responding to any emergencies or policeactions Officer- On-Caseshall immediately report the incident to the Headquarters by all means. Basedon the initial investigation, the Officer-On-Case should prepare any of thefollowing report;

A. ALARM REPORT – for cases of theft,robbery, carnapping and hit and runcommitted against any of the parties of the accident. 

B. ADVANCE INFORMATIONREPORT – for accidentresulting to physical injuries and homicide. 

C. INFORMATION REPORT–  for some cases initially taken cognizance by a trafficenforcement unit but later turned over to or found out to be handled by specialoperating units. 

D. SPOT REPORT –  refers to an immediate initial investigative or incident reportaddressed to Higher Headquarters pertaining to the accident, commission of thecrime, occurrence of natural or man-made disaster or unusual incident involvingloss of lives and damage to property. 

OTHERREPORTS:

1. PROGRESS REPORT – This is a report thatin the course of the investigation there are new details were gathered thatsupplement the investigator’s first report need to be inform to your immediateofficer.

2. FINAL REPORT – This is theconclusion or the of the investigation. The basis of the filling of thecomplaint or the termination of the investigation.

3. SUPPLEMENTARYREPORT – In case of errorcommitted by the investigator in good faith was noted in the complaint orinformation sheet after the filling of the case with the Office of theProsecutor or with the Court, the investigator’s remedy is to file asupplementary complaint or report with the same office or Court. 

SWORN STATEMENT AND AFFIDAVIT

INTRODUCTION

1.The SS refers to awritten statement voluntarily executed under by any person, a suspect or awitness, which may be taken in a “question and answer format” or in a“narrative format (affidavit)”.

2.The SS and affidavitshall state only facts of direct personal knowledge of the affiants which areadmissible in evidence and shall show their competence to satisfy to thematters stated therein. 

3.Everyone can give statement but not anyone can lay claim to know the techniqueand rudiments of statement-taking. In investigation, statement-taking is anavoidable necessity and inherent for the documentation of narrated facts.

4.The investigator who is taking the statement has a fixed universal importanceand belong to a particular class of person in the police upon whom peculiarduties and responsibilities are vested by the rules in consequence. Thisaccepted dictum underscores the need for evaluation and reappraisal of thequalification and quality of the men assigned in investigation.

5.To the layman, statement-taking is self-explanatory. To the academe, it is bothan art and science. To the investigator, it is an omnibus searching questionsand answers on issues respecting a matter of fact. To the lawyer, the statementtaken by the investigator is a public document. Within this milieus ofconnotations, statement should be viewed in the highest pedestal of respect andnot just a piece of paper. 

CARDINALTECHNIQUES IN STATEMENT-TAKING

  The novelty of this technique instatement-taking is tailored to support the investigator on how not to becomean easy legal prey to unscrupulous counsel who has no qualms for truth and fairplay while it transcends ethical norm, sometimes it was resorted to by counselin his vain/attempt to defend his client.

1. No verbal or written interrogation shall bemade without knowing even the initial facts of the case under investigation.(It would be fatal error to hold otherwise. For how could one ask somethingwhen he knows nothing);

2.Likewise, no writteninterrogation shall be made with out having a preliminary verbal interrogationof the eyewitnesses or the offended party.(It would be an exercise in futilityif, after the written interrogation, the witness is not qualified or the narratedfacts 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 thestatement to favor a party). This third party therefore, can corroborate withthe investigator to dispute this adverse claim; 

4.Actual taking of written interrogation whether a suspect, an eyewitness orvictim should be documented through a photograph or video. (Photograph orvideo, as a technique, can impugn the claim of the affiant that the statementwas prepared under duress and coercion);

5.All written interrogation shall be chronologically numbered at the middleportion of the broken line that divides the heading and the body of thestatement, with the corresponding initials of the investigators in every pagethereafter. (This technique is incorporated to determine whether the statementwas altered or substituted with collusion of the affiant);

6.In no case shall the investigator correct, change or alter the colloquialexpression or the regional accent of the affiant in his answer to thequestions. (It would be ridiculous that during the cross-examination, thewitness narrated that facts in broken-Tagalog,but  finds that his sworn statement iscouched in high sounding Tagalog version);

7.The affiant, whether an eyewitness, suspect or victim, should be made to affixhis right index fingerprint adjacent to his signature in every page of thestatement. ( Sometimes the affiant, upon advice of the counsel, disowns hissignature; his fingerprint, therefore, would be lie this claim);

8. Provide anintentional error at the beginning, middle and the last portion of thestatement, for the affiant to correct and to initial legibly. (This anothertechnique, when the affiant will later aver that he was forced to sign withoutthe benefits of reading the content thereof);

9. All statementshould be subscribed before any authorized administering officer as providedfor by law. (While it is admitted that the statement whether unsigned orunsubscribed is admissible as evidence according to weight of authorities, themore reason when it is subscribed);

10. The investigatorshould establish and maintain a personal file of documents and records of eachcase for future referrals. (This Technique is a safeguard against insidiousploy for substitution or loss of records).

THE ROLE OF THEINVESTIGATOR 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 testifiesfalsely under against the defendant knowing that it is premised on a deliberatefalsehood. What the law intends to punish is the mere giving of false testimonyby 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 underArticle 181 (False Testimony Favorable to the Defendant) of the RPC. In Peopleversus Reyes, it was held that while false testimony in favor of an accused maybe less obnoxious that false testimony against him, both forms of falsetestimony are equally repugnant to the orderly administration of justice anddeserve to be rigorously repressed.

3. When a person madea statement under oath or execute an affidavit upon material matter before acompetent officer with assertion of falsehood, he is guilty of perjury underArticle 183 of the RPC. 

4.If a person in judicial or official proceeding offered in evidence a falsewitness or false testimony knowing that the witness or the testimony was falseis punishable under Article 184 (Offering False Testimony in Evidence) of theRPC.

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 underArticle 171 Para 2 of the RPC. Said the court in U.S. versus Indanan, “It is necessarythat the inducement be the determining cause of the commission of the crime bythe principal or by direct participation, that is, without such inducement thecrime would not have been committed”. 

6.If the offender attributed to a person to have participated in any act orproceeding statements other that those in fact made by him, by taking advantageof 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 aninnocent 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 concealingor destroying the body of the crime to prevent its discovery, he is liable foraccessory after the fact under Article 19, Paragraph 2. this is a uniqueexample where investigator now becomes the subjects of investigation. (RevisedPenal Code).

9.If the facts narrated in the investigation report is a deliberate perversion oftruth to favor a friend. It violates Article 174, paragraph 4. what thisArticle punishes is the untruthful narration of facts and not the making of anerroneous legal conclusion.

10.If pressured, any investigator who willfully and corruptly swears a witnessfalse testimony in favor of a defendant, is guilty under Article 180 of the RPCand deserves to be rigorously repressed.

11.If an investigator has any sense of dignity and worth, he would not, out ofvindictiveness, incriminate or impute to an innocent person the commission of acrime, he is liable under Article 363 of the RPC. What the law punishes is theact of “planting” evidence tantamount to incriminatory machination. 

TYPESOF WRITTEN STATEMENT

1. Questionand Answer Type –it is preferable to a narrative type. It is easier to develop or prove theessential elements of an offense through questions and answers. However,Leading and Misleading Questions should be avoided in the Question and AnswerType.

a. LeadingQuestion – suggest to thewitness or accused the answers which the investigator desires.

b. MisleadingQuestion -  is one which assumes as true facts not yettestified to by the witness or suspect or contrary to that which he/she haspreviously stated whereby may be induced to give an answer which appears to saymore than he/she means. 

TheQuestion and Answer Report

1. Preliminary statement(Free and voluntary statement given by the (Name, and address of the personinvestigated) during the course of the investigation conducted by (rank, nameof the Investigator, name of the office, time and date) in the presence of ______________,in the manner of a  question and answerinvestigation.

2.Declaration of thefact that R.A. 7438 is complied.

3.Start of theQuestioning

4.Signature of theaffiant

5.Jurat 

6.Certification of theAdministering officer

  Republic of thePhilippines)

  City of Manila)  S.S.

  The term “ Scilicet” is derived from the Latinword “Scirelicet”,  “ it is permitted to know” and is translateto mean “to wit, or namely, and utilized here to particularize the place of theexecution of the instrument.

BASICPARTS OF THE SWORN STATEMENT:

  The sworn statementof the witness, complainant/victim and informant should be in language or usedby him and should contain the following basic parts:

NarrativeType (Affidavit) –it is hard for the judge to believe that in a narrative type ofconfession/statement, the subject voluntarily directed all that is in theconfession/statement. Affidavit is a form of sworn statement made in anarrative style. It is usually started with a “SCILICET” which is usuallyabbreviated as S.S. example: 

1.The title or identification of the statement containing the name and address ofthe affiant, the name of the investigator as well as his rank, the witnesses tothe 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 thecommission of the offense/crime;

7.The affiant shall be informed that the investigator has no more question tohim/her;

8.The sworn statement should contain errors or mistakes in every pageintentionally committed by the investigator. While reading it, the affiant’sattention should be invited to these errors or mistakes. He/she should make tocorrect them in his own handwriting and affix his/her initials thereto. In manyinstances, the affiant upon advise of the counsel would wish to deny thestatement or set up the defense that he/she has signed the statement withoutreading it. All personal corrections of the affiant thereof would disprove allthe foregoing denials; and

9.The signature of the affiant (if Minor- to include the signature of theparents/guardian).

(LETTERHEAD)

Republic of the Philippines

National Police Commission

Philippine NationalPolice

(Name of RegionalPolice Office)

(Name of theProvincial/District Police Office – all Capital and bold letters

(Name of the Policestation/special Support Unit – all capital and bold letters)

(Address)

(Telephone Numbers ifany)

(LETTERHEAD)

MEMORANDUM:

  FOR ORTO:   (Rank, Name and Designation orOffice)

  FROM:   (Designation of the writer)

  SUBJECT:  (The type of report)

  DATE:  (Date of issuance)

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  1.Reference:  (The basis of writing) Inspot report this is not necessary.

  2. Mainbody of the report  (Facts known to thewriter)

  3. Forin formation

   

    Name of the writer

    Rank

NOTE:

1.Used FOR,  if the memorandum is to be address to a ranking officer,  higher in position, or on the same level orsenior in rank.

2.TO, if the addressee ison the same level or lower.

3.If the Memo providesfor FROM the designation ofthe writer shall be omitted at the bottom.

4.If the memo is to inform all members of the office or some staff officers orofficer; For information.

5.But if the Memo is intended only one officer; For your information.

6.But if it direct, For Strict compliance.

7.But if it ask for receipt; Acknowledged Receipt.

8.The memorandum type of communication is only to be observed within theorganization.

9.Address outside the organization observed the business letter and form.

SUPPLEMENTALREPORT

(Letterhead)

  THECITY PROSECUTOR’S OFFICE                                                                     DATE ________

  CITY  OF MANILA

                                                ATTN: NAME OF THE PROSECUTOR ON CASE

  SIR /MADAM,

                                   State thecircumstances of the facts to be presented with the office of theprosecutor  regarding the case filedbefore his office and the error to be corrected made by the investigator ingood faith or whatever circumstances for the interest of justice.

  Respectfullyhoping for your consideration on the matter.

                                                                                                         _______________________________________

                                                                                                         SIGNATURE OF THE INVESTIGATOR ON CASE

  NOTEDAND FORWARDED:

  _______________________________

  SIGNATUREOF IMMEDIATE OFFICER

ARRESTREPORT

(LETTERHEAD)

NAME:_____________________________________     AGE: __________      DATE _____19____

ADDRESS:  _____________________________ ____    NATIONALITY: _____________________

PLACE OF BIRTH:  _________________  OCCUPATION: __________    EDUCATION: _________

COLOR OF HAIR:________ EYES:  _________ HEIGHT:  ___ WEIGHT:  ____  LBS. BUILD: ____

COMPLEXION: _______________________     MARK / SCARCE: ___________________________

OTHER IDENTIFYING CHARACTERISTICS :____________________________________________

NAME AND ADDRESS OF NEAREST KIN :_____________________________________________

OFFENSE: __________________________     WHERE ARREST: ____________________________

ARRESTED BY ______________________    BADGE # ________  UNIT ________  TIME _______

_____________________________________________________________________________

FACTSKNOWN TO ARRESTING OFFICER / CIRCUMSTANCES OF ARREST :

                                                                              

  Signatureof arrested person

Republicof the Philippine)

City of Manila)  S.S.

AFFIDAVITOF ARREST

    I/ We , the undersigned,of legal age, bona fide member of (Name of the Unit) presently assigned with________________________, after being duly sworn to in accordance with the law,hereby dispose and state:

  That on or about _______________________  in the city of manila Philippines,  I/We effected the arrest of__________________________ based on the fact stated above .

                                                                                                            _____________________

                                                                       (Affiant / Arresting Officer)

TRAFFIC/MVACCIDENT REPORT

TRAFFIC ACCIDENTREPORTING ANALYSIS SYSTEM

(TARAS)

ADMINISTRATIVE INVESTIGATION REPORT

(LETTERHEAD)

MEMORANDUM:

  FOR  

  FROM:  

  SUBJECT: 

  DATE: 

------------------------------------------------------------------------------------------------------------------------------

  1.AUTHORITY

  2.MATTER TO BE INVESTIGATED

  3.FACTS OF THE CASE

  4.CONCLUSION/RECOMMENDATION

  5.SIGNATURE OF THE INVESTIGATOR

RESOLUTION

LETTERHEAD

(caption)  (AdmCase No.___________)

    Type of adm violation

X-----------------------------------x

RESOLUTION

1.PRELIMINARY STATEMENTS:

2.FACTS OF THE CASE

3.EVIDENCE

4.FINDINGS

5.RECOMMENDATION

6.SIGNATURE OF HEARING AUTHORITY

DECISION

LETTERHEAD

(caption)  (AdmCase No._________)

  Type ofadmviolation

X-----------------------------------x

DECISION

ANTECEDENT

THEFINDINGS

ORDER

SIGNATUREOF THE AUTHORITY

Godblessed

And

Goodluck!!!