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INVESTIGATION

PROCEDURES,
TECHNIQUES
REFERENCES:
The AFP Provost Marshal Manual
AFP Manual for Courts-Marshal
The AFP Military Justice Manual
published by OESPA in 1993
AFP Circulars/Letter Directives
Other pertinent publications
Sequence of
Presentation
Purpose of Investigation
Function of PM
Investigation by PM
Investigation by PM sub-units
Summary Investigation
Investigation Techniques
Click Topic
PURPOSE OF INVESTIGATION

Provide the Commander with complete


and unbiased report respecting
allegations against active military
personnel, civilian employees and other
staff under the jurisdiction of the
Philippine Army.

Tool of the Commander in administering


fair justice in the exercise of his
Disciplinary power over his
subordinates, under AW 105.
Main
FUNCTION OF PM
Advises the Commander on the
maintenance of order and discipline in
camps/posts/bases/stations and
enforcement of laws and regulations.
Exercises technical supervision and
coordinate activities of all Military Police
Units of the Command.
Supervises registration and insurance
of PA motor vehicles and licensing of PA
military drivers.

next
Formulates plans and policies on
regulation and maintenance of
stockade/confinement facilities.

Plans and recommends


requirement for and supervises the
activities and employment of Military
Police.
CONT

Conducts proper investigations of any


crime committed within the reservation of
the Philippine Army.

Conducts investigation as directed by


CG, PA or any reported offenses
committed by PA soldiers.

Review reports on investigation


conducted by PA subordinate units for the
action of CG, PA or CO concerned; submit
comments/recommendations to CG, PA.

Next
Prepares and submits monthly
report to TPMG while
close/terminated cases to OTAG,
AFP.
CONT

Recommends the issuance of general


alarm for the apprehension of stragglers,
insular prisoners, deserters, escapee
military personnel and personnel
declared AWOL

Plans and supervises the following


Army Police Operations:

Confinement care and


rehabilitation of military prisoners
in stockade, rehabilitation training
center and hospital prison wards.
Next
Collection, evacuation, processing,
interment, care treatment, discipline,
safeguarding, utilization, education
and repatriation of enemy prisoner of
war.

Control of circulation of individuals


and identification of military personnel
in coordination with other agencies
and similar control of civilian
population, if required.
Apprehension of military offenders/
civilians who commit offenses in area
under military jurisdiction.

Control of traffic, including


preparation
and posting of traffic signs for proper
route marking and traffic control of
temporary and permanent routes.
CONT

Protection of government property,


including the prevention of pilferage of
military equipment and supplies in
transient and to storage.

Measures for aid disturbance and


disaster to include coordination of
these measures.
Operations of Branch enemy
prisoner of war and civilian interned
information center in area of
operation.
Main
Investigates human rights abuses/
complaints and other related cases
reported or referred to the office.

Performs other functions as the


CG, PA may direct.
INVESTIGATION BY THE PM
1. Receiving of complaints and
conduct of investigation

Duly notarized affidavit-complaint


Directive or reports by the
authorities
Supporting evidence

Next
2. Evaluation of the complaint or report and
the evidence presented.

3. Interview of the complainant.

4. Determination of prima facie case.

5. Accomplishment of the complaint


sheet by the complainant.
Cont

6. Summons to the respondent.


7. Investigation of the respondent
8. Submission of counter- affidavit and
evidence.
9. Investigation will proceed even if
respondent refuses to give statement.
10. Equal opportunity in the presentation
of evidence
11. Evaluation of the complaint, counter-
affidavit and respective evidence

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Investigation by PM sub-units
Referred cases be referred back to the
referring office with complete
disposition of the case

Cases originally filed and


resolved/disposed in the PM sub-units
are considered final, except in grave
offenses and the punishment is
discharge. (ESB or GCM)

Main
SUMMARY INVESTIGATION
Initial investigation by the
immediate unit comdr.
Determination of the authority to
dispose.
Imposition of punishment under AW
105.
Disposition, final and executory
Referral of the case to the next
higher authority.
Main
Investigation Techniques

a. Focus the questions on the essential


elements of the offense.
b. Witness must not be browbeaten or
intimidated.
c. Adroit questioning to elicit
information, rather than threats and
accusations.

Next
d. The witness must be held to
the issue.
e. Avoid leading questions.
f. Direct and explicit questions
should be ask.
g. The witnesses must be refrained
from making ambiguous
answers.
h. Witness are not permitted to
engage in argument.
Cont

i. Do not interrupt a trend of ideas by


abruptly asking a question. The
investigator may guide the interview with
innocuous question such as After which,
what happened .

j. Do not rambled. Every question must have


a purpose.

k. Follow the order of time and bring out facts


in that order.

Next
Cont

l. Wait for the answer to one question before


asking the next.
m. Avoid trick or bluffing questions.
n. Hearsay evidence is not generally
admissible, but it may have some
value as source of lead.
o. The opinion of the witness may also be
considered by the Investigating Officer.

Main
Thats all...

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