RULES OF ENGAGEMENT

Republic of the Philippines Department of the Interior and Local Government NATIONAL HEADQUARTERS PHILIPPINE NATIONAL POLICE Camp Crame, Quezon City

FOREWORD
A successful criminal investigation can be best achieved if it is conducted in a sequential and thorough manner, beginning with the preliminary stage at the crime scene and continuing through the complete follow-up phases. It is essential, however, that investigators have knowledge of the various combinations of elements that constitute the basic criminal laws as well as the trainings and discipline required in the service. But in our view, individual investigative capabilities should be augmented by an appropriate system that encompasses the most modern techniques at present and the finest tradition of competent and able detective operations. It is the purpose of the Detective Beat System to provide the organizational and operational framework in truly effecting mechanisms towards enhancing the efficiency and effectiveness of the PNPs investigation capability. The Detective Beat System comes easy as it merely builds upon the rich traditions and lessons which are the real foundation of a successful implementation of this endeavor. But first we should ask, What is the Detective System all about? The DBS is one of the concrete responses of the PNP in reinventing the field of investigation. A Detective Beat System shall be organized with a parallel set-up as that of the Police Beat System but with a clear dis tinction in terms of functional responsibilities. A detective beat, therefore, will be physically deployed in an area for familiarization and patrol of his beat assignment. How is it different from the Police Beat? The Detective Beat in an area shall concern itself with the crime solution angle while the Police Beat has the primary role of crime prevention and control. The Detective Beat, therefore, may be different with that of the Police Beat but it complements the latter in its entire role. As its operational doctrine suggests, the Detective Beat System is supportive of the Police Beat System. The idea therefore, is for the Detective Beat to occupy a particular area of responsibility wherein the Detectives belonging to the Beat shall have the primary responsibility of first response in all cases reported for investigation purposes. At an administrative view, detectives are charged with total investigation responsibility while the patrolman responds to the radio call, makes an arrest, if possible, and protects the scene until the detectives arrive to conduct the investigation. In some areas, however, the patrolman may be held responsible for the preliminary investigation of cases originating on his beat and the filing of a report covering his investigative activities on the case. Among other objectives, the DBS aims to enhance investigative efficiency and effectiveness and establish a concrete mechanism towards regaining the trust of the people particularly in the resolution of cases emanating at the community level. The components of the Detective Beat System are: a. Nature

A Detective Beat is a contiguous area where a team of police investigators is assigned with the specific task of conducting follow-up investigation to all complaints, reports, referrals, and other requests with the end-view of a full compliance and/or filing of a case b. Composition The Detective Beat Team in an area is composed of the Detective -In-Charge and Investigators. c. Investigator/Detective The Investigator/Detective is the principal character in the investigation process. The Investigator/Detective shall possess the required training and experience to qualify as such. d. Duties and Responsibilities Members of the Detective Beat Team assume primary responsibility or jurisdiction in the conduct of crime scene operations within the coverage of their investigative beat unless otherwise directed by competent authorities for special cases requiring intervention by specialized PNP units. They shall establish the six (6) cardinal points of investigation, namely: 1. What specific offense has been committed; 2. How the offense was committed; 3. Who committed it; 4. Where the offense was committed; 5. When it was committed; and 6. Why it was committed. The Investigator/Detective is likewise responsible for case build-up filing of criminal case, arrest of offender, monitoring/tracking of cases, court appearance, as it progresses from one criminal justice pillar to another. He/she shall perform all the prescribed duties and functions in the accomplishment of his/her assigned tasks. e. Reporting/Communication System

It is very important for the Detective Beat Team to conduct its operations in full coordination with the mother station as it would in turn coordinate all other activities related with a particular operation. The over-all operation of the Detective Beat System as has been illustrated will still be subjected to further fine-tuning. But, largely, the initial implementation shall be characterized along the stated process. Through these guidelines, I expect that the implementation of the Detective Beat System shall enhance the PNPs investigative performance particularly at the station level. Our efforts go in tandem, with the PNPs thrust at reinvention and reform amidst the emerging trends in criminality and new developments in governments fight against crime for the sole aim of realizing the vision of POLICE 2000.

ATTY. ROMEO LAYGO PENA (MNSA) Police Director Director for Investigation

DETECTIVE BEAT SYSTEM Towards the Enhancement of the PNPs Investigation and Detective Management System

THE DETECTIVE BEAT SYSTEM:

PRACTICAL APPROACHES 1. Roll Call Training

BEAT DETECTIVES are briefed in the Headquarters.

The Beat Commander checks the physical appearance of his personnel, and their basic equipment. NOTEBOOK is a must for every detective. He informs his men of what transpired in the beat area particularly on problems encountered by outgoing Beat Detectives. The Beat Commander announces Operational and Administrative requirements and other developments.

2. Detective Beat Patrol The Detective Beat Patrol should be established in an area that is bigger than a PBS area. It could be designated as sectors or area by geographical directions: e.g., North Side or North Area or North Sector with definitive boundary line to establish jurisdictional responsibility. DB Patrol makes a round of his area for familiarization as to places that generate people where crimes are bound to happen identifies critical area, personalities in the barangay such as government officials, religious figures, doctors, lawyers, etc.; terrain, dead-ends, etc.; and getting to know the people in the community. He designates the place of stand-by (POS). This is the phase of getting to know people, area and the condition of his beat. He makes it known in the area that DB Patrol exist and that he is the one-in-charge of that particular area. Such an activity supports the Police Beat System. DB patrol must be always on call to respond to crime incidence for investigation purposes. 3. Info/Data Gathering

A detective establishes/identifies his base of information that includes but is not limited to: night clubs, hotels, motels, cockpit arenas, casinos, banks, terminals, hospitals, government offices and other places where information could be gathered. He checks second-hand stores, pawnshops during auction sale, buy and sale shops and other related establishments. Commanders should allow by way of Mission Orders for Detectives to be in places which under our rules are prohibited and that they are in the area for purposes of gathering information. 4. Organizing Source of Info/Informants

He organizes his source of information by zeroing his main contacts: vendors, security guards, waitresses/hostesses, barangay chairmen and councilors, neighborhood toughies, etc. He develops his own grapevine as a good source of information. He should develop stool pigeons, finger, snitch, etc. He makes it a point to maintain a Police NOTEBOOK as repository of his information for easy recall. He must be familiar with Modus Operandi (MO) pattern of crimes committed in his area particularly on: snatching, pick-pockets, dugo, bundol, and other offenses committed in his jurisdiction.

5.

Coordinate w/ Police Beat Patrol

He makes a regular coordination with the Beat Patrol in the area of his jurisdiction for a more organized prevention and investigation activities of the PNP. He counter-checks information with Beat Patrol assigned in a particular area. He develops a good rapport with uniformed personnel as they themselves are sources of information.

6.

Response to Crime

The principal duty of every officer is the Protection of LIFE, LIBERTY and PROPERTY. In responding to a crime scene, the detective/investigator determines whether victim is still alive with the use of practical techniques such as: pulse beat on the neck, etc., in case of doubt, victim should be transported to the hospital. If still alive, he takes ante-mortem statement. Knowledge of an impending death is a requisite for an ante-mortem statement. For that, it is practical to have a witness. He sees to it that the crime scene is properly protected by roping the area to exclude all others within the perimeter of the crime scene. He requests from his Chief, if necessary, the assistance of SOCO personnel to the crime scene. He controls the crime scene even as SOCO is conducted by the technical personnel.

7.

Response to Crime

He makes sketches and assists in taking pictures of the crime. He interviews the first responding uniformed beat personnel.

He conducts interviews of victims/complainant in places convenient to them. However, he should not insist if victims/complainant are still under shock. The feelings of victims/complainants should always be considered.

8.

Response to Crime

If necessary, SOCO personnel will conduct the crime scene operations in getting evidence but under the control and supervision of the Detective in charge or the Head Investigator. Detective in charge or Head Investigator, should record the proceedings in the crime scene and all the evidence gathered by the technical people. Likewise, he should be aware of the chain of custody of all evidence. Lateral coordination on the spot should be a practice for the Detective/Investigator for him to have an idea on how the crime was perpetrated. Evidence gathered at the crime scene should be strong enough to warrant a conviction. Detectives should not be dependent on confessions. 9. Lateral Coordination w/ Technical People

During the conduct of investigation, detective/investigator should develop healthy attitude towards technical people in order for him to be aided properly in the investigation of the case. Conferences/dialogues with technical experts should be conducted as often as practicable. There is no substitute for scientific findings. detective/investigator can present in court to tighten the case. These are the best evidence that the

It helps to identify victims and suspects through fingerprint analysis.

10.

Follow-up Witnesses/Informants

The detective/investigator starts building up his case by working on leads based on information he gathered. Follow-up operations should be undertaken until the case is solved. He should also check and counter-check information using his network of informants and grapevine. The detective/investigator should maximize the results of his leg work. All cases are solved by the persistent efforts of the detective/investigator. Cases shall be also be strengthened by independent evidence that he has gathered. CONFESSIONS ARE THE WEAKEST EVIDENCE.

11.

Case Build-up/Media Cooperation/Probation Officer

Media has become a necessary nuisance in criminal investigation especially in an environment of democratic freedom. Hence, there is a need to involve them in the process of the investigation. Detectives must see to it that the progress of the case is fed to the media to an extent that it will not jeopardize the entire solution of the case. He should know how to compartmentalize all information. If suspects are recidivist, he should contact the probation officer for they may have record of the suspect. He determines the modus operandi pattern: for convenience, he may conduct a counter-check to find out particular criminal suspects using same pattern.

12.

Checks of Suspects Records

Records of suspects for checks/counter check abound in the crime environment. All he has to do is be resourceful enough. He must be attuned to the progress of the computer world as the solution of the case might just be at the tip of his finger.

13.

Application for Search/Arrest Warrants

When a case has been built-up, there is a need to apply for a warrant of arrest or search warrant. A good detective/investigator knows the requirements in applying for warrants. Constitutionally, he can apply for a warrant of arrest even if there is no case filed with the Prosecutors Office, suffice it to say that a detective has a witness who is willing to execute an affidavit to be examined by the judge personally, after he has applied for it. Statement of his deponent in the form of question and answer is enough for the personal scrutiny of the judge. It is good practice to secure first the warrant before arrest to avoid complications save on exceptional circumstances.

14.

Arrest of Suspects/ Rules of Engagement

On cases where arrest is made without warrant, the detective must see to it that such arrest adheres to Rule 113, Sec. 5 as follows: (a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;

(b)

When an offense has in fact just been committed, and he has personal knowledge of facts indicating that the person to be arrested has committed it; and When the person to be arrested is a prisoner who has escaped from penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.

(c)

The Detective/Investigator is allowed by law to use only reasonable force in subduing the suspect/s.

15.

Arrest of Suspects/Rules of Engagement

Suspects should be informed of his constitutional right as follows: You have the right to remain silent. Any statement you make may be used against you in a court of law. You have the right to have a competent and independent counsel preferably of your own choice. If you cannot afford the services of a counsel, the government will provide you one. particularly during custodial investigation. Waiver of these rights must be done with the aid of counsel.

16.

Arrest of Suspects/Rules of Engagement

The Detective/Investigator should see to it that the suspect is protected and not subjected to harm whatsoever in order not to jeopardize the investigation and prosecution of the suspect. We cannot afford to lose a case by way of technicality resulting from carelessness and high handedness of the detective/investigator. A good detective/investigator should know by heart the Miranda Doctrine that was strengthened and even expanded in the 1987 Constitution aimed at protecting suspects. We should learn to live with this type of situation. Adherence to the RULE OF LAW is a must.

17.

Custodial Investigation/Case Filing

Presence of a lawyer pursuant to existing laws during investigation is a must, that is why, independent evidence other than confession should be gathered by the investigator for a strong case against your suspect.

18.

Conference with Prosecutor

Detectives must discuss the case with the Prosecutors. The Inquest Officer should be informed of the case build-up for him to evaluate the validity of the arrest, especially on inquest case.

19.

Case Documentation

The Detective/Investigator prepares final reports, case referrals with the necessary attachments, and other supporting documents required in the case resolution. 20. PROSECUTION: As a Witness

Being a witness is a duty. Failure to appear is a ground for removal of title as Detective together with the emoluments/recognition that goes with it without prejudice to administrative charges against the detective.

ENJOY YOUR CASE. SOLVE IT WITH A SMILE.

APPENDIX

LOI DETEKTIB 49/96 1. REFERENCES a. b. c. d. e.

July 2, 1996

PNP National Strategic Action Plan. Directorate for Investigation Thrusts and Priorities (CY 1996-1997) DIN Performance Review (CY 1994-1995) Crime Trends (CY 1990-1995) Results the Seminar/Workshop on Reinventing the Investigation Service

f. g.

Results of DIN Family Conference (March 18, 1996) Recommendations from D-Staffs

2.

SITUATION

Investigation has emerged to be a critical function for the PNP in the accomplishment of its mission. The role of the police investigator is made even more significant in the interplay of the various pillars of the criminal justice system wherein the quality of investigation work spells the success or failure in the resolution of cases to bring criminal offenders behind the bar of justice. While the PNP has claimed a measure of success in its campaign against criminality, its credibility has been challenged by adverse media publicity, the negative perception by business and other sectors, the reported involvement of active and former police and military personnel in criminality and the continuing incidence of sensational or heinous crime cases. In consonance with the PNPs thrust at reinvention and reform and in the face of fresh challenges brought about by emerging trends in criminality and new developments in the governments fight against crime, the Directorate for Investigation has taken a critical look at certain organizational and other variables relative to the PNPs operational environment vis --vis their implications to the conduct of criminal investigation. This view is directed not only towards improving performance but also enhancing the relevance of the PNPs report of accomplishments to the other criminal justice pillars and the public at large. Consequently, the evolve strategy of reinvention and reform is focused on the management of a process which is Investigation and Detective Management.

3.

PURPOSE

This letter of Instruction sets forth the mission and objectives of the strategy for reinventing and reforming the Investigation System. It likewise redefines the organizational and operational framework which shall cover all PNP units and personnel in their performance of Investigative functions in the spirit of existing guidelines and resolutions from higher authorities.

4.

MISSION

The PNP, concurrent with the discharge of its statutory functions, shall conduct a special campaign of reinvention and reform in the Police Service to focus on improving and developing the quality of investigation consistent with the ends of the NSAP as articulated in POLICE 2000.

5.

BROAD AND SPECIFIC OBJECTIVES

A. Broad Objectives:
1) 2) To enhance investigative efficiency and effectiveness. To establish the organizational framework which will define the PNP Investigation System in order to develop a professional corps of police investigators. To establish the operational framework which will define the role of PNP units and personnel in undertaking investigative functions in order to address the issue of overlapping of functions while enhancing their accountability and responsibility.

3)

4)

To establish the doctrine for Investigation and Detective Management and institutionalize the strategy within the PNP chain of command.

B. Specific Objectives
1) To improve the levels of investigation efficiency, criminal case and wanted persons monitoring, arrest rates, conviction rates for PNP filed cases, and other performance parameters relative to investigation. To establish the organizational structure of the PNP Investigation System from the Directorate for Investigation down to the Station Levels in consonance with the proposed PNP Staffing Pattern. To establish minimum qualification standards for investigators which will form the basis for an investigation eligibility list and the assignment of personnel to investigate positions. To establish a system of training/selection/recognition/rewards/compensation/incentives for investigation personnel.

2)

3)

4)

6.

CONCEPT OF OPERATION

The following defines the concept of operation which shall embody the implementation of Investigation and Detective Management.

A.

Investigation and Detective Management 1. Investigation as an operational function of police service is recognized as distinct and separate from other functions as operation and intelligence. Investigation Management is the process of planning, directing, organizing, coordinating, and controlling the collection of facts accomplish a threefold aim: a) to identify the guilty party; b) to locate the guilty party; and c) to provide evidence of his guilt. Detective Management is the process of selection, training, deployment and utilization of the PNPs corps of investigators.

2.

3.

A.

Investigation System
1. The PNP Investigation System shall embody the organizational framework within which all investigation units/offices/personnel shall discharge their respective functions. All investigation units/offices/personnel shall constitute the PNP Investigation System. The Directorate for Investigation shall be renamed the Directorate for Investigation and Detective Management and assume functional supervision over all investigative activities and personnel. It shall likewise assume primary responsibility in the training of investigation personnel with the creation of a Philippine Public Safety College-accredited School for Detectives.

2. 3.

4.

The Criminal Investigation Command as the primary investigative arm of the PNP shall be renamed the Criminal Investigation and Detective Command and continue to discharge all functions consistent with its mandate.

C. Investigator/Detective The Investigator/Detective is the principal character in the investigation process. He shall assume primary responsibility of jurisdiction in the conduct of crime scene operations within the coverage of his/her investigative beat unless otherwise directed by competent authorities for special cases requiring intervention by specialized PNP units. He/shall establish the six (6) cardinal points of investigation, namely: what specific offense has been committed; how the offense was committed, who committed it; where the offense was committed; when it was committed; and why it was committed. The Investigator/Detective is likewise responsible for criminal case/offender monitoring/tracking as they progress from one criminal justice pillar to another. He/she shall perform all the prescribe duties and functions in the accomplishment of his/her task. The Investigator/Detective shall process and must aspire for the required training and experience to qualify as such. He/she must be included in the Investigator/Detective Eligibility List to be published periodically by this Headquarters. Detectives will be identified by a separate badge and automatically qualify for specialized ratings particularly in the grant of special duty pay.

D. Detective Beat System 1. A Detective Beat System shall be organized with a parallel set-up as that of the Police Beat System but with a clear distinction in terms of functional responsibilities. It shall consist of any contiguous area defined by identifiable boundaries within the area of operation of a police block or sub-station which an investigator/detective can effectively and efficiently respond to thereby complementing the presence of the beat patrols. Phases of Implementation

E.

PHASE I: Eligibility Listing of all Investigation personnel 1. The DIN has already conducted an audit of the qualifications of investigation personnel from the ARDINs down to the station level. This will serve as the initial basis for an Investigator/Detective Eligibility List and the formulation of the standards and qualifications for the further assignment of PNP personnel to investigate positions. A DIN Board shall be constituted to establish who are eligible for the Investigation System and the title Detective and to periodically publish and eligibility list. PHASE II: Inventory and Upgrading of Training Curricula of Training Programs and Structures. Present investigative/detective training programs shall be evaluated with a view towards establishing its capability to address existing requirements and congruence to the present directions of the Investigation/Detective System. The Detective Beat System shall be incorporated in the Program of Instruction of the Police Basic Course being conducted by the PPSC. A training secretariat/Mobile Training Team shall likewise be constituted for the conduct of trainings for investigation personnel, with NCR as the first priority. The requirements relative to the creation of a School for Detectives shall likewise be addressed, including the concurrence of the PPSC.

Corollary to this, the Second Edition of the PNP Investigation Manual shall be published and distributed to Regional and provincial commands. PHASE III: Re-Training Process Training of Investigation personnel shall be conducted for all other regions outside NCR. The Detective Beat System shall be incorporated in the training process for station/district level investigation personnel. A handbook on the Detective Beat System shall be published for distribution to lower units. PHASE IV: Organizational Set-up at National, Regional, Provincial/District and Station Levels. The System shall have its structural set-up and the desired changes from the national down to the regional, provincial, district and station levels codified and the corresponding doctrine formulated together with the necessary issuances/resolutions from NAPOLCOM.

PERFORMANCE APPRAISAL A periodic review to assess performance and determine required changes in the process shall be conducted. 7. COORDINATING INSTRUCTIONS

a. All applicable provisions of exis ting LOIs, Memos, Directives which are not in conflict or
inconsistent with this LOI are still in effect. In case of conflict, this LOI takes precedence.

b. This LOI shall take effect immediately upon approval.

RECAREDO A. SARMIENTO II Police Director General Chief, PNP

APPENDIX B Petition for the Issuance of Arrest/Search Warrant

People of the Philippines, Plaintiff Versus A.B., Accused

Criminal Case No. _________ For

(State nature of the offense) The undersigned (name of applicant) after having been duly sworn, states:

1.

That (name of the person to be searched), who may be found at (describe premises) is in possession or has in his control (name property subject of the offense; or stolen or embezzled and other proceeds or fruits of the offense; or used or intended to be used as the means of committing an offense) which he is keeping and concealing in premises above described. (Cancel description not applicable.) That a search should be issued to enable any agent of the law to take possession and bring to this court the following described property: (give a complete and detailed description of the property to be seized.)

2.

Whereof, the undersigned prays this honorable court to issue a search warrant authorizing any agent of the law to search the premises above described and to seize and surrender to this Honorable Court the personal property mentioned above to be dealt with as the law directs.

_________________________________________ ___________________20___________________ Applicant

Philippines

APPENDIX C Search Warrant The People of the Philippines, Plaintiff Versus A.B., Accused ___________________________________

Criminal Case No. _____________

for (State nature of the offense) To any peace officer:

Greetings: It appearing to the satisfaction of the undersigned after examining under oath (name of applicant) and his witnesses (name of witness) that there is possible cause to believe that (described the act charged) has been committed and that there are good and sufficient to believe that (name of person or persons to be searched) has in possession or control in (describe premises) in (name of street), district of ____________________________, (name of property subject of the offense; or stolen or embezzled and other proceeds or fruits of the offense; or used or intended to be used as the means of committing an offense) which should be seized and brought to the undersigned. (Cancel description not applicable.) You are hereby commanded to make an immediate search at any time in the day (or night) of the premises above described and forewith seize and take possession of the following personal property, to wit: (give a complete and detailed description of the property to be seized) and bring said property to the undersigned to be dealt with as the law directs. Witness my hand this ________________ day of _________________ 19 ________.

_____________________________ Judge

APPENDIX D Republic of the Philippines REGIONAL TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION Branch . Quezon City The People of the Philippines, Plaintiff Versus

X.............................X

WARRANT OF ARREST CRIMINAL CASE NO.

TO ANY OFFICER OF THE LAW: You are hereby commanded to arrest _______________________________________________ who is said to be found at ____________________________________ or elsewhere and who has been charged before me with the offense of _______________ and bring his/her forthwith before me to be dealt with according to law. The bail for the release of the accused in this case is fixed at _____________________________________, which may be furnished by the accused either by depositing the amount thereof with the nearest collector of Internal Revenue or Provincial, City or Municipal treasurer who should transmit to this court the same, or by furnishing a personal bail bond subscribed by two or more solvent sureties whose solvency may be shown by their land tax receipt and certificates of title free from encumbrances and determined by any Judge of Regional Trial Court, who may accept the bail and transmit the same to this Court. The peace officer making the arrest is hereby authorized to discharge from custody the accused after furnishing bail in the manner herein above indicated which must be stated in the return hereof. Quezon City, ______________________________ 20________

_________________________________ Judge 1st Endorsement _________________________ 20________

Respectfully referred to the Station Commander ______________________________ the Director NBI Manila and the Chief PNP, Camp Crame, Quezon City for execution of the warrant within ten (10) days from receipt hereof, and to make a return to this Court within ten (10) days after the expiration of such period (Sec. 4, Rule 113, 1985 of Criminal Procedure.)

Copy furnished: 1. 2. 3. NBI Manila Chief, PNP Camp Crame Station Commander

____________________________ ____ BRANCH CLERK OF COURT

APPENDIX E

Format of Sworn Statement (in compliance with Sec. 12 Art III of the 1987 Constitution)

Sworn Statement of Juan dela Cruz given to Inves. P/Insp. Sonny Tepace at ODIN, Camp Crame, Quezon City, in the presence of SPO4 Rey Perlado, this 20th day of August 1995. Preliminary: Mr. Juan dela Cruz, you are being informed that you are under investigation for your involvement in the commission of an offense. You are reminded that under our new Constitution, you have the right to remain silent and to be assisted by counsel of your own choice. If you cannot afford to hire one, and you want to be assisted by counsel, this office will provide you with a lawyer free of charge. Any statement that you will make can be used for or against you in any court of law in the Philippines. Is this clearly understood by you? ANSWER : Yes Sir. QUESTION : Having been informed of your right under the Constitution to remain silent, do you wish to proceed with this investigation? ANSWER : Yes Sir. QUESTION : Do you also wish to be assisted by a counsel of your own choice? ANSWER : I do not need the assistance of counsel. QUESTION : You are also reminded that whatever statement you will give may be used against you. Is this Clearly understood by you? ANSWER : Yes Sir. QUESTION : In short, you are waiving your right to counsel in this investigation? ANSWER : Yes Sir. QUESTION : Are you willing to sign a waiver to that effect with the assistance of Atty. Leonarda Gumba, who is here present? ANSWER : Yes Sir.

APPENDIX F ANTE MORTEM STATEMENT

The declaration of a dying person, made under a consciousness of an impending death, may be received in a criminal case wherein his death is the subject of inquiry, as evidence of the cause and surrounding circumstances of such death.

A dying declaration is a statement made by the victim of homicide, referring to the material facts which concern the cause and circumstances of the killing and which is uttered under a fixed belief that death is impending and is certain to follow immediately, or in very short time, without an opportunity or retraction and in the absence of all hopes or recovery. Certain conditions on which the admissibility of dying declaration depend: a. b. c. d. The death be imminent and that declarant be conscious of the fact of his impending death. That the preliminary facts which bring the declaration within its scope be made to appear; That the declaration relate to the facts or circumstances pertaining to the fatal injury or death; and That declarant would have been competent to testify had he survived.

CERTIFICATION/WAIVER 1. JUAN DE LA CRUZ, do hereby certify that before taking down my statements, the investigator had fully explained my Constitutional Rights under Sec. 12 Art III of the Constitution, which are fully understood, and I hereby waive my aforesaid rights to remain silent and to be assisted by counsel in the presence of and with the assistance of Atty. Leonardo Gumba.

JUAN DE LA CRUZ Affiant Assisted by: Leonardo Gumba Counsel QUESTION: Are you ready to give a free and voluntary statement? ANSWER : Yes Sir. Q1 : Please state your name and other personal circumstances. ANSWER : xxxxx Q2 : Please state the name of school you have attended. ANSWER : xxxxx Q3 : Do you know why you are here? Or do you know why you were invited for questioning? ANSWER : xxxxx Q12: The investigator has nothing more to ask you for the present. Do you have anything more to say? ANSWER : No more. Q13: Are you willing to sign this statement of yours, consisting of _______ pages, including this last page And affirm under oath to the truthfulness of the same? ANSWER : (The answer to this question should not be typed but should be written in the suspects or witness Own handwriting. The typist should leave a space for the handwritten answer of the affiant and the Latter should be made to write out, in his own hand, the following statement: Yes, sir, I have read This statement of mine consisting of ______ pages and it is the truth. I made it of my own free will, Without any threat or promises having been made to me by anyone.)