FOR CRIMINOLOGY STUDENTS – MINSCAT CALAPAN CITY CAMPUS

Prepared and Searched by: DLTJR.

FUNDAMENTALS OF CRIMINAL INVESTIGATION

INTRODUCTION

Two (2) Main Fields of Tasks in Police Work:

1. Crime Prevention – police operation tasks through program to pre-empt the commission of any infraction or
violation of law. This is known as the first defense of police work.

2. Crime Investigation – second defense of police work, when all pre-emptive programs of the organization fails,
crime investigation as a function materializes to address the violation.

Criminal Investigation is an art or process in the identification, location and collection of physical evidences
through scientific means in order to establish conviction or exoneration from an accusation in a court of law.
( O’hara & O’hara – italics supplied)

Criminal Investigation as an art or process therefore endeavors the investigator to do his tasks at his utmost with
sincerity and interests to search evidence and establish facts for an “air tight” case. As the saying goes, “the
investigator is the soul of the case, because if he does his home work well, justice is served”.

It has always been said that investigation is dependent on the character of the investigator to do his
homework coupled by his qualities, breadth of interest, training and experience.

Our criminal justice system premised its resolution of cases on existing rigid laws (rule on evidence) and
often the dismissal of criminal cases on grounds of insufficiency of evidence or merely technicalities are blamed on
the investigator.

Criminal jurisprudence encourages the investigators to value physical evidences – being a part of
circumstantial evidence when offered in court becomes a corroborative

This research work presents more topics on the third “I” of the three (3) tools of criminal investigation,
“INSTRUMENTATION” or “CRIMINALISTICS”- a branch of forensic science on the characterization of physical
evidence. Nonetheless the other two (2) “I’s” (Information and Interview/Interrogation) are presented/discussed in a
simplified manner. It aims to elucidate how this principle proves its worth on the second mode of establishing proof of
conviction or exoneration from an accusation through – CIRCUMSTANTIAL EVIDENCE.

This piece of work is intended to guide the investigators, students and co-law enforcers but does not claim
completeness and as an absolute reference, it suggests the use of other related references.

Fundamentals of Criminal Investigation

I. Introduction - Crime or Criminal Investigation is usually initiated by personal observation or information

from a citizen. The initial response is crucial to the success of an investigation. Although it is popularly
believed that cases are won or lost in court, more cases actually are lost during the first hour of the
investigation – the initial response period – than in court.

II. Criminal Investigation defined – an art or process, in the identification, location and scientific
collection of evidence for court presentation to establish conviction or exoneration.
- is the process of discovering, collecting, preparing, identifying and presenting evidence to prove the
truth or falsity of an issue in law. – Because no two crimes are identical, even if they are committed by
the same person, each investigation is unique.

Why?
1. Intuition – feeling of truth, unearthed is nothing but the truth of facts
2. Felicity of Inspiration – the breadth of interest common to all, perseverance to do his tasks with
consideration to humanity.
3. Chance – an occasion unknowingly to happen, opportunity at the moment

Exceptions:

a. Sec. 12, Article III of the Bill of Rights (Miranda Doctrine)

b. Republic Act No. 7438 (Custodial Rights of any arrested person)
c. Article 125 as amended by Executive Order No. 272 approved July 15, 1985
d. Sec. 2, Art. III of the Bill of Rights (rights against unreasonable searches and seizures)

a. Three (3) Fold Aims of Criminal Investigation:

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1. To identify the perpetrator or culprit

2. To locate his/her whereabouts
3. Gather through scientific methods complete essential evidence to prosecute the accused.

b. Goals of Criminal Investigation: (Phases of Criminal Investigation)

1. To search or determine the facts of a criminal act;

2. Legally obtain information and evidence to remove doubts and establish that a crime has in fact been
committed;
3. To gather evidences that will prove or disprove a crime.

Crime defined.
 An act or omission in violation of a public law forbidding or commanding it; an offense against the
state.

 An act – dolo or deliberate intent; a misdeed

 Omission – culpa or failure to do an act; lack of skill, foresight, negligence.

 Crime = criminal intent/motive + voluntariness (free-will)

Resistance (existing valid law)

 Motives – not an element of the crime but is important to infer identity of the accused.

Example of Motives:

1. Vanity – self-conceited act of betrayal tantamount to guilt

2. Civic-mindedness – Public-spirited person of good standing in the community who is interested in
seeing that justice is done.
3. Fear – A person under an illusion of oppression by enemies or of other impending danger
4. Repentance – One who has a change of heart and wishes to report a crime that is preying on his
conscience.
5. Gratitude or gain – An expression of appreciation to obtain a privilege or an interest in the welfare
of his family during his detention.
6. Revenge – To settle a grudge due to settle a previous injury
7. Jealousy – envious of the accomplishments or possessions of another and wishes to humiliate him.
8. Remuneration – a person who informs solely for the pecuniary or other material gain he is to
receive.

Investigation – means to follow – up step-by-step by patient inquiry or observation; to examine and inquire into with
care and accuracy; to find out by careful inquisition.

3. Characteristics of an Effective Investigator:

a. Intellectual Characteristics – apply technical knowledge, remain – open-minded and objective and use
logic. Knowledge of the elements of crimes, investigative techniques and willingness to work with other
people.

a) Fact – an action performed, an event, a circumstance, a actual thing done

b) Inference – process of reasoning by which a fact may be deduced as logical consequence
from other facts.
c) Opinion – personal belief

b. Psychological Characteristics – emotionally well balanced, detached, inquisitive, suspecting,

discerning, humble, self-disciplined and perseverant.
c. Physical Characteristics – Good health and high energy level are beneficial because the hours spent
performing investigative duties can be long and demanding.

Custodial Investigation – It is the skillful questioning of a suspect or a hostile witness to divulge information
concerning the crime under investigation.

4. Qualifications of a Good and Effective Investigator

C – courage/firmness/perseverance – ability to stick to work despite odds

H – honest – incorruptible and possesses fairness
I – integrity and trustworthiness
C – courteous – respects the rights of others
K – knowledge – knows what he is doing and uses his senses in the process
O – open-minded – accepts suggestions and criticisms
S – sincere – devoted and hardworking

5. How is the conviction of an accused obtained?

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It is the function or duty of the Criminal Investigator to “make or unmake” the criminal case. His
experience, skill, training, knowledge of the law and devotion to the work are his armor and shield to the tiresome
type of work.

He is designed to establish proof of the corpus delicti, designed from the two (2) factors of:

a. Factum Probandum – ultimate facts sought to be avoided; and

b. Factum Probans – it is the evidentiary fact by which the ultimate facts is to be established.

Our Criminal Jurisprudence allows only two (2) methods, namely:

a. Direct Testimony of Witness/es:

b. Circumstantial Evidence
How?
a. Direct Testimony requires that:

1) A witness has to be competent, meaning not disqualified by the rules

2) Must posses’ personal knowledge of the incident;

b. Circumstantial Evidence requires that it must consists two or more relevant facts or circumstances that
when all are link together an inference of the identity of the accused can be inferred.

1) Motive
2) Tracing and/or associative evidence, e.g. Latent prints, foot prints, mud, stolen properties recovered in
the control and possession of the suspect, transferred paint to the clothing of the suspect, etc.
3) Testimonies of witnesses

6. Phases of Criminal Investigation

Identity of the Accused Locating the whereabouts of the Collecting/gathering Evidences

established accused to prosecute the accused
1. Direct Testimony by 1. Testimony of witnesses 1. Relevancy of Evidence
witnesses: through the following: - Informers – paid to give -meaning it must be related to the
a. Verbal description information incident and is not excluded by the
b. General Photographs - Informants – voluntarily providing rules
c. Rogues Gallery information without any monetary 2. Crime Scene Management –
d. Artist’s Sketch or cartography consideration. a. First Responder’s role
2. Confession – direct - Persons willing and ought to - secure and protect
acknowledgement of guilt provide information. b. Proper crime scene processing
3. Surrender – done to any law 2. Surveillance – the keen c. Observance of the Golden Rule
enforcer observation of a place, person, in Crime Scene
4. Circumstantial Evidence, like: associates, activities and don’t’s at the crime scene:
a. Associative or tracing evidence armaments. M - mutilate
b. Motive - Usually necessary in the A - alter
c. Opportunity – in a better application of a search warrant. T - touch
position * casing – observation and S - search
d. Declaration and acts indicative recording/sketching the avenues O – obliterate
of guilt of approaches of a territory Unless the crime scene has been
e. Possession of the fruits of a especially before conducting raids. documented (photographed,
crime 3. Background Investigation sketched and recorded through
f. 2. Modus Operandi – method or 4. RA 4200 – Anti-wire Tapping notes)
pattern on how the suspect or Act. Generally, it is illegal to bug
perpetrator performed the crime. unless there is a court order. d. Maintaining the probative value
* Modus Operandi File – a form of physical evidences or the so
consisting of the different called Chain of Custody of
information answering the five W’ Evidence
and 1 H (Cardinal principles) 3. Factors on Legal Searches
Example, it answers: and Seizures
a. Time of Attack 4. Must establish the linkage of
b. Classes of preyed victim the crime scene/pieces of
c. Interest or types of interest physical evidence with the
d. Associates of the group suspect
e. Method of the attack/entrance 5. Court Duties
f. Means of attack/weapons
g. Means of
transportation/getaway
h. Peculiarities/physical
descriptions
i. Mannerisms or Idiosyncrasies
5. Police Line – up – must be at
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least 7 – 10 persons possibly of

the same height, body built
6. Vanity – a self-conceited act
tantamount to guilt.

7. The Preliminary Investigation: Basic Considerations:

a. Basis for Criminal Investigation:

1) Complaint by the offended party and witness
2) Information furnished by witnesses, informant and informers

b. Initial Response
1) Preparation/Planning – coordination, equipment, contact attached personnel
2) Weather condition, transportation
3) Security of the crime scene

c. The Point of Arrival

1) Handle emergencies first

2) Secure and protect the scene
3) Investigate – res gestae, witnesses, keen observation of the surroundings
4) Photograph surrounding to include people gathered thereat.

c. Conduct the Preliminary Investigation

1) Measuring, photographing, videotaping and sketching the scene
2) Searching for evidence
3) Consider establishing a command center, how to deal with the media
4) Identifying, collecting, examining (field test), and processing physical evidence
5) Questioning victims, witnesses, and suspects
6) Recording all statements and observations in notes

d. Consider Assistance of Police Laboratories – Forensic Science or Criminalistics – applies physical

and biological sciences and technology to examining physical evidence.

III. The Crime Scene – the whereabouts of the Elusive Physical Evidence

a. Crime Scene – place or territorial area of an incident

b. Keen Observation of the crime scene for an Assumption/conclusion:

1) Mental Reconstruction – it is the keen/careful observation of the nature, conditions or appearance of

materials and objects at the crime scene in order to infer an assumption of what crime may have happened.
Possibly, the investigator can also infer an assumption of the prior condition or situation of the place before such
events.

> Role of Reason: - a tests to the ability & decision making of the investigator

(1) Inductive Reasoning – the assumption may arose from specific situation/condition to
general situation.

(2) Deductive Reasoning – the assumption may arose from general situation to specific
situation.

> General Knowledge and Interests – The efficiency of an investigator is commensurate with his general
knowledge. To acquire this breadth of knowledge, the investigator must develop, not necessarily a highly intellectual
capacity, BUT a keen sense of observation of persons and things because “only people commit crimes, but they
invariably do so through the medium of things.” – Atty. Diosdado Lapina.

2) Physical Reconstruction – the reconstruction of the crime scene is through the direction of an
eyewitness. e.g. ocular inspection and re-enactment.

c. Documentation Processes:

1. Photography – use of camera, videocam, videotape

(a). Advantage – they can be taken immediately, accurately represent the crime scene and evidence, create
interest and increase attention to testimony.
(b) Disadvantage – they are not selective, do not show actual distances, may be distorted and may be
damaged by mechanical errors in shooting or processing

© Progression -
(1) Clockwise progression;
(2) From large objects to small objects
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(3) Long-range or general view; medium or overview; and close-range or close up.
(d) Microphotography, laser beam photography, Ultra-violet photography
(e) Admissibility of Photographs – material, relevant, competent photographs

2. Sketches - the simplest form of documenting crime scene.

Characteristics of a good sketch:

(a) Accurately portrays the physical facts

(b) Relates to the sequence of event at the scene
(c) Establishes the precise location and relationship of objects & evidence at the scene.
(d) Helps to create a mental picture of the scene for those not present
(e) Is usually admissible in court

Kinds of Sketch:

a. Rough Sketch – the sketch prepared by the investigator at the crime scene. Known to be the original
sketch because it shall be the source of the finished sketch.

b. Final Sketch – or known as the office or final sketch because it is prepared at the office purposely for
court presentation. It may be prepared with the aid of a draftsman provided it shall be under the close supervision
and direction of the peace officer who initially prepared the rough sketch.

Steps in Sketching the Crime Scene

 Observe and plan

 Measure distances
 Locate objects and evidence within the outline
 Record details
 Make notes
 Identify the sketch with a legend and a scale

 Parts or elements and significance of sketch

(a) Title – identity of victim, place, time, date of incident, investigator and witnesses
(b) Time of Arrival & weather condition
(c) Compass Direction – for orientation
(d) Essential Items/Specific Details – relevant/corpus delicti
(e) Measurements – standard equipment
(f) Legend – explanation of symbols to identify objects
(g) Scale of Proportion
(h) Signature of Sketcher and witness(es)

 Surveying methods

a) Rectangular Coordinates
b) Polaris Coordinates
c) Triangulation Method
d) Transecting Base lines
e) Compass Coordinates

 Taking down notes

1) Relevant facts
2) Requisites of Notes
3) Significance or importance
4) Report Writing
(a) Spot Reports
(b) Initial investigations
© Progress Reports
(d) Final Investigation Report

3. Notes Taking and Reports – investigative notes are permanent written record of the facts of a case to
be used in further investigation, in writing reports and in prosecuting the case. Record all information that helps
to answer the questions: Who? What? Where? When? How? And Why?

 Write notes – briefly but complete, legibly, accurately, specifically, factual, clear and abbreviated
notes that are understandable to others.
 Original notes are legally advisable in court, and officers may use them to refresh their memories.
Officers should take to court only those notes that pertain to the particular case.

 Steps in Report Writing: (GROWE)

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(a) Gather the facts; investigate, interview and interrogate

(b) Records the facts immediately: take notes
(c) Organize the facts
(d) Write the report
(e) Evaluate the report: edit and proofread; revise if necessary.

 Types of Reports:

(a) Initial or Preliminary Report

(b) Supplemental or progress report
(c) Closing or final report
Note: Consider the significance of computer sets.

IV. Identifying and Arresting Suspects

Arrest – the taking of a person into custody in the manner authorized by law for the purpose of presenting that
person before the court to answer for the commission of a crime.

a. Police Officers are authorized to make an arrest:

1. For any crime committed in their presence

2. For a felony not committed in their presence if they have personal knowledge to believe the person
committed the crime.
3. Under the authority of an arrest warrant
4. Other lawful circumstances provided by law.

Nightcap Provision – As a general Arrest Warrants shall be enforce during day time, however, when the court
endorses the warrant with a written statement that the arrest may be made at night, this is commonly referred to as
nightcap provision.

Reasonable Force – is the amount of force a prudent person would use in similar circumstances.

b. Off-duty Arrest

Elements: 1. Be within the legal jurisdiction of their agency

2. Not be personally involved
3. Perceive an immediate need for preventing a crime or arresting a
suspect
4. Possess the proper identification

Field Identification - is on the scene identification of a suspect by the victim of or witnesses to a crime. Field
Identification must be made within minutes after the commission of the crime.

c. Developing a Suspect

1. Information provided by victims, witnesses and other persons likely to know about the crime.
a. Mug Shots
b. Cartography or Artist Sketch or Portrait Parle
c. Rogues Gallery

2. Physical evidence left at the crime scene

3. Psychological profiling – which attempts to identify the individual’s mental, emotional and psychological
characteristics.
4. Information in police files
5. Information in the files of other agencies
6. Informants – source of information voluntarily given
7. Modus Operandi Information
8. Tracking – traces or leads to establish direction
9. Line-up Identification – seven (7) to ten (10) persons – Suspects have the right to an attorney during police line –
up.

d. Surveillances, Undercover Assignments and Raids

Surveillance – is the covert, discreet observation of people and places for the purpose of obtaining information
concerning the identities or activities of subjects.

 Log – chronological records of activities that took place in the establishment under surveillance.

Surveillant – is the plainclothes investigator assigned to make the observation.

Subject – is who or what is observed. It can be a person, place, property, vehicle, group of people, organization or
object.
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Methods of Surveillance:

1. Stationary Surveillance – also referred to as Fixed and Stakeout Surveillance – is used when you know or
suspect that a person is at or will come to a known location when you suspect that stolen goods are to be dropped or
when informants have told you that a crime is going to be committed.

2. Moving Surveillance or Shadowing or tailing – simply the act of following a person.

Forms :

a. Loose tail – employed where a general impression of the subject’s habits

and associates is required.
b. Rough Shadowing – employed without special precautions, the criminal maybe aware of the
surveillance; employed also when the subject is a material witness and must be protected from harm or
other undesirable influences.
c. Close tail – extreme precautions are taken against losing the subject is employed where constant
surveillance is necessary.

3. Convoy – a guard employed by the subject who stays at a reasonable distance to watch or safeguard his back
against an enemy.

4. Wire Tapping or bugging – electronic surveillance by tapping a subject’s telephone..

5. Undercover Assignments or Roping – form of investigation in which the investigator assumes a different and
unofficial identity in order to obtain information.

Selling Crimes – are illegal activities such as drugs, alcohol, pornographic literature, stolen goods, frauds,
contraband, or black market operations.

6. Entrapment – is the conception and planning of an offense by an officer, and his procurement of its commission
by one who would not have perpetrated it except for the trickery, persuasion or fraud of the officer. The criminal
conduct was a mere “product of the creative activity,” of the officer.

e. R a i d s - is a planned, organized operation based on the element of surprise. The objectives of a raid are
to recover stolen property, seize evidence or arrest a suspect. A raid must be the result of a hot pursuit or under the
authority of a no-knock arrest or search warrant.

Precautions in Conducting Raids:

1. Ensure that the raid is legal

2. Plan carefully
3. Assign adequate personnel and equipment
4. Thoroughly brief every member of the raiding party.

1. Arrest, Raid, Search and Seizure

A. Arrest – is the taking of a person into custody

1. Who are exempt from arrest?

2. Duty of Arresting Officer
3. Techniques in Making Arrest

a) Initial contact
(1) Investigator identifies himself
(2) Inform subject is under arrest
(3) Aware/alert subject maybe dangerous

b) Investigator’s/operative’s conduct
(1) Be natural and pleasant but forceful and aggressive
(2) Dominate the situation
(3) Voice must command authority
(4) Demand prompt and absolute obedience
(5) Avoid profane language

c) Methods of Arrest With Warrant

(1) Inform the person to be arrested of the cause of arrest
(2) That an arrest has been issued
(3) During the arrest, the copy of the warrant may not be in custody
(4) The copy of the warrant maybe shown thereafter

d) Without Warrant
(1)Arresting officer shall inform the person to be arrested his authority and cause of arrest
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(2) Except under those instances so mentioned by law, where necessary action or force shall
be employed.

4. Life of a Warrant of Arrest:

a. Shall be valid and enforceable until named person is arrested
b. Until recalled or revoked by the issuing court

5. When Arrest May be Legally Effected/ Lawful Warrantless Arrest

1. Flagrante Delicto
2. Hot Pursuit Principle
3. Arrested prisoner escapes
4. Escaped prisoner
5. Arrest made by a bondsman for the purpose to surrender
6. Accused was released on bail and attempts to abscond
7. Violation of conditional pardon

6. Who may execute arrest?

7. How to effect Arrest
1. Actual restraint
2. Submission to the custody of the person making the arrest
3. No unnecessary force or violence
8. Territorial Effectivity of a Warrant of Arrest
9. Duty of Person Making an Arrest Without Warrant
10. Periods Within Which Person Arrested Without Warrant Should be Charged in the Proper Forum
(Art. 125, RPC as amended by Executive Order 272).
11. Right of Attorney or Relative to Visit Person Arrested
12. Medical Examination of Arrested Person
13. Summoning Assistance for the Arrest
14. Right of a Person Arrested ( RA No. 7438)

B. Search – is an examination of an individual’s person, house, papers or effects, or other buildings and premises to
discover contraband or some evidence of guilt to be used in the prosecution of a criminal action.

1. 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 to bring it before the court.

2. Personal Property to be Seized

a) Property subject of the offense

b) Property stolen or embezzled and other fruits of the crime
c) Property used or intended to be used for committing an offense

3. Probable Cause Required for a Search Warrant

Probable Cause – Those sufficient facts to convince the judge that circumstances sufficiently exist to establish
the need for the issuance of the warrant.
4. May things illegally Seized be admitted in evidence?
5. May articles Not mentioned in the Search Warrant be Seized?
6. How to serve a Search Warrant?

a) Served or executed within ten (10) days

b) Search the place identified or mentioned in the warrant
c) Search be made at daytime unless otherwise stated
d) Searching the place must be with two (2) witnesses
e) Searching officer must issue a detailed receipt of the items seized
f) Issue certification of property seized
g) Deliver immediately the things or property seized to the judge who issued the warrant, together with an
inventory duly verified under oath.

7. Lawful Warrantless Searches and Seizures

a) There is a consent or waiver

b) Seized in “Plain view”
c) Customs search
d) Search of a moving vehicle
e) Border Check points or in the interest of national security
f) Stop-and- search or stop-and-frisk search
g) Search incidental to a lawful arrest

8. Types of Searches

a) Wall Search – place the subject in a “off-balance” position, recommended

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b) Standing Search – Subject’s hands are raised, not recommended

c) Kneeling Position – subject kneels
d) Prone Search – subject lies on his stomach

b. Raid – is a surprise invasion of a building or area. It is a small-scale attack of a limited territory.

1. Objectives:
a) Effect an apprehension
b) Obtain evidence of illegal activity by surprising the offenders in flagrante delicto
c) Recover stolen property

2. Factors Affecting Success or Effectiveness of a Raid

a) Size of the raiding party
b) Speed
c) Surprise
d) Superiority of arms
e) Simplicity of plan and operation

c. Seizure – to take into custody or confiscate personal properties such as:

a) Weapons which may be used against the raiding party
b) Articles which might be used as a means of suicide
c) Articles which might be used in escaping
d) Articles which might be used in the commission of a crime
e) Proceeds or fruits of the crime
f) Illicit articles must be seized
g) Non-contraband must be returned to the owner

Summary: Professor to simplify the General Principles.

FIRST RESPONDER’S ROLE

RATIONALE:

The crime scene provides the intelligent and careful investigator leads of any type of offenses committed
and therefore it should be protected and secured from any disturbances; this however, shall not preclude victims from
being retrieve for immediate medical attention. In these instances, careful procedures must be observed and
disturbances in the retrieval operation cannot be discarded or avoided but it should be limited to the instance or
situation as required.

Role of the First Responder:

Securing the crime scene is a major responsibility of the first officer to arrive. Everything of a non-
emergency nature is delayed until the scene is protected.

At outdoor scenes, crime scene physical evidence must be protected from:

1. Weather condition such as: heat, wind, rain, snow or sleet.

2. Passersby or “kibitzers” to include relatives of victims.
3. Astray animals

Any police officer who first arrives at the crime scene shall endeavor to protect
and secure the same as follows:

a. Cordon off the crime scene with whatever available materials like ropes, straws, human
barricade, police line if available, etc.
b. Evacuate injured persons to the nearest hospital or clinic;
c. Prepare to take the dying declaration of severely injured person, if any;
d. Explain to people gathered around the significance of protecting the crime scene and possibly
securing the physical evidences;
e. Prevent entry/exit of persons within the cordoned area; and
f. Prepare to brief the investigators of the situation upon their arrival.

Methods of Protecting the Crime Scene:

1. Locking a door to a room or building

2. Roping or barricading the compound or area
3. The crime scene must be marked with a vulnerable marking, “DO NOT ENTER”
4. To detail guards or security using persons. (List down their names, addresses and contact numbers ; later when
the Preliminary investigation by investigators have been done, relieve and thank them for a job well done.)

Question: Can the first responder photograph the crime scene and possibly vulnerable pieces of evidence?
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Answer: He can, provided his main responsibility of protecting and securing the crime scene is insured.

Question: Can the investigator direct somebody to take the photographs?

Answer: It must be on case on case basis. To instruct somebody to take photographs is a serious matter. If the
person instructed is not well verse to security measures, it is difficult. Considerations must prevail, there are private
persons knowledgeable of the procedures, even though the produced photographs for its admissibility shall be
dependent of the ability and qualification of the photographer not the first responder.

INTRODUCTION TO FORENSIC SCIENCE

THE PNP CRIMINALISTICS LABORATORY

A. FUNCTIONS OF THE CRIME LABORATORY

1. Undertakes all Medico-legal Services

2. Performs Firearms Identifications
3. Performs Fingerprint Examinations
4. Modern Forensic Photography Services
5. Identifies Evidence through Physical and Chemical Identification Methods
6. Performs Polygraph Examination
7. Performs Document Examinations
8. Conduct Forensic Training to provide Police Investigative Agencies with technically trained
personnel
9. Appears and Testifies before the Courts of Justice as Expert Witness
10. Performs other related functions as directed by higher Headquarters

B. MAIN DIVISIONS OF CRIMINALISTICS

1. Three (3) Scientific Divisions – subjects require the study of science and mathematics before
practical training in the laboratory, namely:

a. Chemistry
b. Physics or Physical Identification
c. Biological Science or Medico-legal

2. Three (5) Technical Divisions –

a. Questioned Document
b. Firearms Identification
c. Latent or Fingerprint Examination
d. Forensic Photography
e. Lie Detection or Polygraph

CHEMISTRY DIVISION

The tasks include alcohol analysis, toxicology, narcotics testing, firearms discharge residues (GPR), paraffin
cast, identification of paint chips, chemical development of latent prints, and all types of analysis that use electronic
instruments.

1) The Chemist’s Job

a. The analysis on contact traces

b. The comparison of materials found in the possession of a suspected their with control materials from the
scene of the theft incident
c. The proof of fraud or false pretenses
d. Toxicology or the isolation and identification of poisons
e. The comparison of drugs of addiction
f. The identification of substances used in attempts to produce abortion
g. The absolute determination of alcohol in body fluids from allegedly intoxicated motorists
h. The identification of explosives used in safe-blowing and bomb outrages
i. The investigation of malicious damage with chemicals
j. The investigation of water pollution
k. The extraction and identification of fire raising materials from debris taken from scenes of fire
l. The restoration of erased, identification of numbers or stolen property usually by suitable etching
techniques
m. The examination of counterfeits coins
n. The analysis of inks and papers used in disputed documents.

2) The Blood Alcohol Analysis

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3) Toxicology – is the study of poisons and their action on the living organism. It is a very complex science
that is divided into two (2) areas:

PHYSICS OR PHYSICAL IDENTIFICATION

Trace analysis involves the examination, identification and evaluation of numerous types of physical
evidence collected in criminal investigations. The studies conducted by this unit would include the microscopic
examination of slides taken from rape victims during the pelvic examination conducted by a physician. The
microscopic examination and comparison of fibers, hair, tool marks, pry marks and wood chips are other examples of
the studies conducted in this unit. The shoe and tire prints and imprints obtained at crime scenes by investigators or
criminalists, as well as soil samples, debris, paint, glass and plastic fragments collected during the investigation.

BIOLOGICAL OR MEDICO-LEGAL DIVISION

a. Serology – Conducts all ABO typing of blood, semen and other body fluids.

> Tests for Presence of Blood

1) Presumptive Test (Benzidine TMB Reagent) – It does not establish the presence of blood; it is used as
a screening test to determine if a stain may be blood; if not eliminate suspicion of the stain.

2) Confirmatory test (Hemin) – This is used to determine the presence of hemoglobin in a suspected blood
stain.

3) Biological Perciptin ( Ring Perciptin) – This test is used to establish the

origin of the blood stain as to species, human or animal; and if animal, what kind : dog, cat, hog, chicken, etc.

4) Blood grouping – Blood grouping test will establish which of the four major groups a stain belongs in (i.e.,
O, A, B, or AB). Blood groupings involve the agglutination, or clumping, of erythrocytes (red blood cells).

b. Tests for Presence of Semen

 Preliminary Test (Florence) – This test is used to determine the presence of choline. Seminal plasma is
one of the richest sources of choline. A strong positive reaction indicates the stain may contain semen,
though this is not a specific test as a positive reaction may also be produced by tissue extracts.

 Confirmatory Test (Microscopic Examination) – The conclusive identification of a stain as semen

depends on the presence of male reproductive cells (spermatozoa) in the stain. This is determined by
microscope examination of the stain.

c) Toxicological Analysis – of human body fluids and organs, including pathological studies of tissue to aid in
determining the cause of death, is normally a responsibility of the coroner or medical examiner.

QUESTIONED DOCUMENT DIVISION

Functions:
a. Conduct comparison and examination of forged, altered or questioned documents
b. Examines and compares handwriting exemplars (samples) with handwriting on questioned
documents
c. Exemplars made on typewriters and check protectors for comparison with questioned
documents
d. Restores or deciphers altered, obliterated or erased writing
e. Physical matching of cut or torn paper of various types
f. Examine and compare forged documents such as:

FIREARMS IDENTIFICATION DIVISION

This Division conducts firearms identification examinations, comparisons of firearms and bullets, studies to
determine trigger pull, operation of safety devices, alteration or modification of weapons or any condition of the
weapon that might cause accidental fire or make it unsafe.

Functions

1) Test firing of all firearms

2) Comparisons of bullets and cartridge casings to evidence guns
3) Securing all firearms
4) Restoration of Serial Numbers
5) Clothing analysis for gunshot evidence
6) Analysis of any firearms-related evidence

LATENT OR FINGERPRINT EXAMINATION DIVISION

It provides the field investigators with the following services:

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1) Searches for, develops, photographs, and lifts latent prints at the scene of investigation
2) Compares suspect’s prints with latent prints obtained from crime scenes
3) Takes plaster casts of footprints, tire tracks, etc.
4) Conducts fingerprint examination of various items of evidence (e.g. guns and other
weapons, papers, glass, metal, etc.)
5) A service available to investigators is a computer terminal that records fingerprints
electronically, without ink or smudges.

FORENSIC PHOTOGRAPHY DIVISON

Through the use of Forensic Photography, many items of physical evidence, that are the prime incriminating
factors in cases, are graphically depicted.

Services Performed

a. Crime scene documentation and recording

b. Physical evidence still photography and videotaping
c. Infrared, ultraviolet and infrared-luminescent photographic examination
d. Trace evidence photography
e. Aerial photography
f. Image enhancement techniques
g. Specialized identification and surveillance photography
h. Crime reconstruction, re-enactment, etc. via motion picture or videotape procedures
i. A new forensic camera contained in a brief case that captures images and transmit them to a remote
television via microwaves.

POLYGRAPH DIVISION

Instrumental in the detection of deception. There is no instrument that detects lies. The instrument
commonly called a lie detector is actually a scientific diagnostic instrument (similar to the electrocardiography) and is
referred to in many police circles as the polygraph.

C. THE SOCO - SCENE OF CRIME OPERATION

Pieces of physical evidence are always present in a crime and this can be proven by the “rolling of sleeves”
attitude of an investigator. Physical evidence recovered in the crime scene is critical in the prosecution of the case in
court. With the advent of new technologies or science, the probative value of physical evidence or “corpus delicti” of a
crime, analyzed scientifically has gained their admissibility before our courts.

Thus, the Scene of Crime Operation was conceived to possibly address these problems. The idea of
enhancing scene of crime operation was conceived in the last quarter of 1995 by the PNP Crime Laboratory to
address these deficiencies and to assist police investigators in terms of scientific approaches in investigating criminal
cases, especially heinous crimes. The PNP Crime Laboratory has acquired new and modern equipment to boost its
capabilities in scientific investigation

A. OBJECTIVES OF SOCO

1) To conceptualize (introduce/build in their minds) the Crime Laboratory

SOCO in the PNP Organization.
2) To orient and guide field investigators in the importance of SOCO in
scientific investigation of criminal incidents.
3) To assist investigators in the speedy solution of criminal cases
especially heinous ones through the proper processing of the crime scene.
4) To institute a clear cut delineation of duties and functions among
investigators of different operating units and the SOCO to deter overlapping and duplication of functions and to avoid
passing the bulk attitude in case of dismissal of criminal cases by the trial courts.

B. CASES TO BE INVESTIGATED BY THE SOCO

Not all crime incidents are for Scene of Crime Operation. The necessity of the technical expertise applies
only to heinous crimes where careful scrutiny is necessary more so when the investigator is faced with a blank wall.
The field investigators through the statement of witnesses and related collected pieces of physical evidence can
handle light offenses. This now shows the importance of SOCO why it is involved only on heinous crimes. These
crimes are:
a. Murder
b. Homicide
c. Robbery with force upon things
d. Rape with Homicide
e. Arson
f. Other heinous and/or sensational cases as required and directed by higher Headquarters.
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C. COMPOSITION OF THE SOCO TEAM

Each SOCO Team shall be composed of, but not limited to the following, depending on the nature of the
case:

1. Team Leader
2. Assistant Team Leader
3. Photographer and photographic Log Recorder
4. Sketcher/Measurer
5. Evidence Recorder/Custodian
6. Evidence Recovery Personnel
7. Driver/Security

What are the why’s and wherefores of Investigation?

The graphic design in the form of a question mark did not originate from a sudden blaze of ingenuity, but
emerged from a long and patient mental gymnastics on how to transform the idea, that can guide the investigator
in the marketplace of reality.

At the crime scene, the investigator stands majestically, which gives rise to extravagant expectation by the
aggrieved party that justice will prevail. However, when he fails to solve the case, it could cause disenchantment
not only to the victim but to the organization as a whole. Like any mortal, the investigator is not infallible. As a
man of flesh, he is susceptible to succumb to mental exhaustion and physical fatigue.

Thus, the salient feature of the investigation is overlooked and the real issue becomes obscured and
sometimes wantonly sullied. Hence, the investigator must be reminded that his role begins from the gestation
stage of investigation and only ends either in the conviction of the accused or absolution of the innocent.

PROCEDURES:

1. Arrival at the Crime Scene. - Establish preparation, complete equipment apparatus, companions, how
were you able to arrive at crime scene, how fast and the time, date and weather condition upon arrival at
scene of crime. Purpose: Enlighten the court the difference between table investigation and actual crime
scene investigation. What is its significance in court litigation.

2. Evaluation of the Crime Scene. - Your assessment of the crime scene, was there destruction, is the crime
scene in its original state? Was the condition recorded? Were there any technical personalities involved?

3. Protection of the Crime Scene. - Cordoning the are, who were the persons allowed, how were the
evidences protected and preserved? How was the crime scene released?

4. Note-staking. - All relevant information. What is its significance in the future.

5. Photographing the Crime Scene. - What were photographed? Who took them? Know the parts and other
related information about camera. Significant legal requirements of photographs.

6. Sketching. - Legal requirements of sketch. Is it accurate?

7. Searching. - Method used in the search. Equipment used and how was the procedure observed.

Locard Principle, “Whenever two things touch each other, there is always a transfer of material from one to
the other. Any contact between the criminal and the victim or the crime scene will leave trace evidence on
both”.

Jones Principle, “A number of individual similarities that are each of low evidentiary value, yet which all
point to the same conclusion, can be just as important evidence as a fingerprint.”

8. Collection of Evidence.- Basic tools used. How was the crime scene processed? (Photograph, Sketch,
measured in relation to points of reference). Was there adequate evidence samples?

9. Preservation of Evidence.- Each piece of evidence in a separate container with markings and properly
sealed or covered

10. Verbal Interrogation. - Questioning of witness/es, person around (include policeman) and suspect/s.
Observed the legal requirements and if possible segregating witnesses.

11. Written Interrogation. - Constitutional Rights, basic format of affidavits or statements, witnesses and
environment of investigation room.

12. Technical analysis.- All pieces of evidence transmitted to proper agencies/units, “chain of custody of
evidence”, and the results furnished to the investigating agency.
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13. Inter-agency linkages. - Coordination and contact with other agencies. “Need to know policy.”

14. Investigation Report. - Initial, Progress and Final Investigation Reports.

15. Filing of Complaint. - Was there a prima-facie case established?

16. Prosecution.- Presence of conclusive evidence and quantum of proof

17. Court Trial. - Subpoena was received. Properly groomed and in uniform. Preparedness to testify in court.

18. Final Verdict.- Conviction or exoneration

To investigators, only the learned with facts and figures can survive the battle of nerve in judicial activism.

THE M-FACTOR

ACCORDING TO VOLLMER, “The police should possess the wisdom of Solomon, the kindness of
Job; the leadership of Moses, the strategy of Alexander, the great faith of David, the diplomacy of
Lincoln and the reliance of the carpenter of Nazareth. “But this is an “Utopian” dream; an impossible
dream, but an obtainable obsession, if an investigator possesses these attributes, then there will be no
perfect crime.

The M-Factor is a metaphysical characteristic. It can be developed and internalized through years
of enculturation. In effect, it affixes an indelible mark of quality to the investigator; manifested when he can
managed time and resources, personal deportment, facility of language and novel approach in solving
crimes.

These vital nutrients of M-Factor indispensable to the moral nourishment of the investigator are:

a. MANAGERSHIP.- managerial skill, able to demonstrate manager ship of risks to stand what is
right. As the wisest among the philosophers said, “ Only the dead have seen the end war”.

b. ABILITY.- It is the sum of total of skills and exceptional degree of competence in the investigative
domain.

c. CHARISMA.- it is a special magnetic personality and charm; on obsession of many but the natural
gift of a few. Charisma implies simplicity of words, action and deportment of the investigators,
which have natural attraction for people.
d. ADAPTABILITY.- Rare traits that brings one’s act, behavior or mental state in harmony with his
environment. A conveniently ableness to adjust to all seasons and reasons of man. Thus, the
adaptable investigator never finds himself” a square peg in a round hole”.

e. SINCERITY.- An abstract value and attribute marked with genuineness of spirit, strict adherence to
promise and supreme honesty in the true calling of the police profession. It denotes sensitivity to
the needy and sufferings of crime victims.

f. INTEGRITY.- In any position of respectability where trust and fidelity are sine qua non, integrity
stands at the apex of the hierarchical pyramid of values. For integrity cannot be earned overnight. It
is the fruit reaped through years of dedicated zeal and forbearance. As articulated by a learned
justice, in the case entitled Gatchitorena vs Almeda, “Public office gains continuing prestige as
long as the men occupying the position are courageous, upright and immune to doubt, suspicion
and corruption.”

g. ACCURACY.- Many investigation reports which lack theoretical clarity are usually drowned in
cosmetic verbiage and ended in colossal blunder during litigation.

h. NEUTRALITY.- Impartially from barriers

i. OPTIMISM- it is the unseen thread of moral fabric that clothes the investigator with vigor when the
solution of the crimes is seemingly bleak and blank. Confronted with these discouraging set of
facts, optimism now becomes the only key that can savor the savvy of the beleaguered investigator
to hope against hope. It is this intrinsic quality of M-Factor that inspires his confidence and
emboldens his spirit to prove the dictum. “There is no perfect crime”.

CONCLUSION:

Today, by reason of contrived climate of prejudice, the investigator has seemingly sunk into the
depths of decadence through sheer arrogance, brutality, corruptibility and incompetence. No amount of
cosmetic surgery can hide this ugly truth. If unabated, these will further effect the distancing of the
police and the masses.
 15

Amidst such apparent public alienation, can the investigator rise against this societal conflict and
panacea? This is now the challenge addressed to the police administrators- to produce a new breed of
investigator, the genesis of a total investigator. The world of investigation is not for the weak of mind,
but for the stout of heart. The M-Factor, therefore, is an abstract badge of honor of the investigator
that should be worn proudly.

THE CARDINAL SINS IN CRIMIMALISTICS

It is difficult to educate investigators with perceived basis between what the preachers preach
and how to depart from the cocoon of status quo. This only lay credence to the century-old
adage that “wolf only change its furs, but not his habits.”
When value clash, it is only the lazy mince who finds it easy to take sides and to untie the knot with
ease, but not the visionary nor the learned. This is the thrust of this writing, to cross the information
highway of Criminalistics and to jog along its global avenue and not just stroll its barriotic lane. Without
this vision, we shall woke-up one morning, to find the streets littered with trails of blood and marble of
crosses.

Said it all by common experience and observation, the ten most notorious inadvertence of
investigators that refuses to submerge from the ocean floors of errors, are:

1. That Criminalistics is only for the Criminalists and not to the investigator.
Today, Criminalistics is now a towering monument in the landscape of investigation. It becomes the
cornerstone and citadel of investigator as treasure house of science for bridging crimes to criminals
thousand miles apart.

2. That in the absence of witness solution is nil. Finding no evidence or witness should not be
viewed as hopeless, but as a challenge. For there is no perfect crime only imperfect investigators.

3. That there is no crime in the absence of corpus delicti. Is this correct? This conclusion is an
indicia that one is suffering from legal vacuity. It is a sin to prejudice without basis in fact and in
law. Literally, corpus delicti means the body of the crime but that is not all, pieces of physical
evidence are included.

4. That length of service is not a guarantee for excellence. A tree does not make a forest, nor
swallow a summer, neither a man is an island. This egocentric syndrome is detestable for it is
tantamount to a sin of mental dishonesty. “Seniority could mean senility.” How many cases were
dismissed due to scientific malnutrition on criminalistics is too deafening to be ignored.

5. That grandstanding and showmanship be tabooed.- It is the fundamental rule, that all gathered
evidence should be handled with care, to protect its evidentiary value against erosion form
elements from the time of retrieval to the laboratory.

6. That premature determination of offense committed.- Wounds per se without criminalistics

findings can not determine the nature of the crime committed. This premature conclusion is the
common sin of homicide investigator, especially on victims of gunshot wounds.

7. That only medico-legal officers can attest to the cause of death.

8. That suspect’s premature arrest frown-upon with disfavor.- The temptation to name names
due to public pressure at the expense of the innocent is unpardonable sin.

9. That criminalistics and investigators are inseparable partners in investigation.- It

complements and supplements each other.

10. That only truth and not truth decay- Truth is non-negotiable statement, for it is a sin to lie. But
how many investigators fall-prey to the onerous pressure from the sit of power and blinded by the
sparkle of worldly wealth and were forced to weave the unpardonable lie, is reeking with
extravagant truth, but difficult to reverse..

CRIME SCENE SEARCH AND MANAGEMENT

RATIONALE:

Luminaries in the field of criminal investigation have always advocated the principle that a crime scene will
always give leads to the identity of the perpetrator of a crime; pieces of evidence found at the crime scene will link or
tie perpetrators to the crime. It is evident therefore, that approaches in crime scene search methods and investigative
procedures in its management must be carefully observed and practiced. Testimonies can hardly stand alone in the
absence of corroborating evidence such as object or real evidences.

CONCEPT:
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The processing of a crime scene requires careful analysis, collection, handling, and preservation of pieces
of evidence. The availability of the different strategies in processing a crime scene calls for case to case basis
principle, hence, proper management techniques in order not to defeat the very purpose of investigation must be
done.

1. Crime Scene Search Methods:

Search – is an examination of a person’s house or other buildings or premises or of the person for the purpose of
discovering contraband or illicit or stolen property or some evidence of guilt to be used in prosecuting a criminal
action with which a person is charged.

2. Consider the following:

1. Sec. 2, Art. III, 1987 Philippine Constitution

2. Legal Requirements for a Search:

(a) A search warrant has been issued – specify place and things to be searched. General and Scatted
Search Warrants are inadmissible.

> Plain Feel/Touch Evidence or “Pat-down Searches” – the plain feel exception is a legitimate extension of the
plain view doctrine.

(b) Consent is given or waiver of search

© The search is incidental to a lawful arrest/search following an arrest – protective search.
(d) An emergency exist – a warrantless search in the absence of a lawful arrest or consent is justified only in
emergencies where probable cause exists and the search must be conducted immediately, e.g., danger to life,
escape (moving vehicles), and destruction or removal of evidence.
(e) Plain view Search/evidence – unconcealed evidence seen accidentally by an officer engaged in a lawful
activity.

3. Related Precautionary Measures:

a. Exclusionary Rule – established that courts may not accept evidence that was obtained by
unreasonable search and seizure, regardless of its relevance to the case.

b. Fruits of a Poisonous Tree Doctrine – established that evidence obtained as a result of an earlier
illegality must be excluded from trial.

c. Good Faith Doctrine – established that illegally obtained evidence may be admissible if the police were
truly not aware that they were violating the suspect’s constitutional rights.

Note: After search – detailed inventory receipts, copy of which shall be furnished to the owner.

d. Crime Scene Search – a successful crime-scene search locates, identifies and preserves all evidence
present.

Crime Scene evidence is intended to:

a. Establish that a crime was committed and what the specific crime was;
b. Establish when the crime was committed
c. Identify who committed the crime
d. Explain how the crime was committed
e. Suggest why the crime was committed

4. Organizing the Crime-Scene Search = Organizing a search includes dividing the duties, selecting a search
pattern, assigning personnel and equipment and giving instructions.

a. Selection of a Search Method: To insure a thorough and complete inspection for possible evidence. A
systematic method of searching the area surrounding the crime scene must be employed. The particular method
employed will be dictated by the following factors:

1) Locale: - The location of the scene will influence the method of search to be used.
(a) Building Searches – always think of safeties. The greatest concern will be adequately sorting evidence
from non-evidence.
(b) Outdoor Areas: - Weather and deteriorating light may necessitate a more rapid search when crime
scene is outdoors. Outdoor areas maybe difficult to mark off, since there are often few natural boundaries. Trace
evidence (e.g. dust, hair, fibers) is exceedingly difficult to retrieve due to obstructions from vegetation or the wind.
(c) Vehicle Searches – Upholstery and carpet materials provide a fruitful source of trace evidence in
vehicle searches. First search the area around the vehicle and the exterior. Finally, search the interior along one side
from front to back, and then return along the other side to the front.

2) Number of personnel available – the more persons available to process a crime scene, the more
rapidly the search can be conducted.
 17

3) Types of Objects Sought – The type and size of the objects sought at a scene affect the form of search.
Larger objects are more rapidly observed and require less time and personnel unlike in minute objects like fibers,
prints, etc.

4) Speed Desired – Appropriate time is required considering the nature and kind of evidence that will be
recognized and collected.

b. Search Patterns or methods – it shall be dependent on personnel available, time limits imposed by
weather, lighting conditions, terrain and other circumstances to consider.

1) Strip Method – It consists of processing the area by walking back and forth, viewing an approximately
three to four-strip with each pass. As one strip is completed, the investigator moves to the next parallel strip. If
several searchers are used, they walk side by side in processing the crime scene.

Advantages: - There are two (2) basic advantages:

a. They are simple and thorough; and
b. They are flexible enough to accommodate one or more searchers.

Disadvantages:
a. The method may be difficult to utilize over rugged terrain, or where the crime scene is ill-defined;
b. The method is potentially inefficient, because that fact that most scene have a major point of impact (e.g.
the body in a homicide case) around which the bulk of the evidence is likely to e found.

2) Grid Search Method – It consists of two strip searches conducted over the same area at right angles to
one another.

Advantage: Grid search in the area place a premium on thoroughness, since each spot in the area is
examined twice.

Disadvantages:
a. The search takes twice as long as a strip search; and
b. Objects found on the second pass may actually have been left by the searchers on the first pass.

3) Spiral Search Method – A clockwise circle is begun at the major impact point of the scene and the
searcher circles that point at an ever increasing radius.

Advantages:
a. The impact point of the scene is the focal point of investigation; and
b. The boundaries of the relevant search are more easily defined, since the investigator will eventually reach
a point when no more evidence is being discovered.

Disadvantages:
a. In order to reach the point of impact, the investigator must track across (and eventually contaminate) a
portion of the crime scene;
b. The point of impact is not always at the geographic center of the crime scene; and
c. The spiral method cannot easily be used with multiple searchers.

4) Zone or Quadrant Method - The area to be searched is divided into unit zones and each unit is then
processed individually as a separate crime scene

Advantages:
a. A zone search aids in organizing a large or complex crime scene;
b. Numerous personnel can be used without getting in each other’s way.

Disadvantages:
a. A zone search can be used only when the crime scene permits a sub-dividing; and
b. If used too often, supervision and coordination of the units may be difficult.
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5) Wheel (Inward or Outward) Search – It is the least effective, particularly in a large area. The tendency
is to concentrate on the center and hence, to miss the evidence to the outside.

* Techniques in searching:

1) Exterior Search: = lanes, concentric, strip or zones

2) Interior Search: = progresses from general to specific, usually in a circular form/patter, covering
all surfaces of the search area. The floor should be searched first.
c. Suspect Searches – if arrested – conduct complete body search for weapons and evidence; if not
arrested, confine search to a “patdown” or frisk for weapons.
d. Dead body search – personal identification.
e. Use of Dog Search – trained sniffing dogs like K-9, etc.

5. Physical Evidence – objects or materials searched, identified and collected at the crime scene significant and
relevant to a particular incident or event. It is anything real or material – it has substance – that helps to establish the
facts of the case. They are referred to as:

a. Trace Evidence. Direct evidence establishes proof of a fact without any other evidence.
b. Evidence established by law is called Prima-facie Evidence.
c. Evidence that merely tends to incriminate a person, such as a suspect’s footprints found near the crime
scene, is called Circumstantial Evidence.

d. Exculpatory Evidence – these are pieces of physical evidence that would clear one of blame, for example,
having a blood type different from that of blood found at a murder scene.

Two (2) Classifications of Evidence:

1. Corpus Delicti Evidence – establishes that a crime has in fact been committed.
2. Associative Evidence – those that links a suspect with the crime.

Processing Physical Evidence includes discovering, recognizing and examining it; collecting, recording and
identifying it; packaging, conveying and storing it; exhibiting it in court; and disposing of it when the case is
closed.

Note: Consider the use of appropriate equipment and containers.

6. Discovering, Recognizing and Examining Evidence

Physical Evidence must be material, relevant, and competent. To determine what is evidence, consider first
the type of crime that appears to have been committed. Then looks for any objects that are unrelated or foreign
to the scene, that are unusual in location or number, that have been damaged or broken or whose relation to
other objects suggests a pattern that fits the crime.

Standard of Comparison – is an object, measure or model with which evidence is compared to determine
whether both came from the same source.

Packaging:

1. Plastic Bags – does not “breathe”, best because may cause condensation to form.
2. Brown-paper bags or envelope – used especially for clothing.
3. Boxes – for large and heavy objects.
4. To preserve immovable items at the scene, use photographs, modeling clay, moulage, silicon and
other impression-making materials.

When packaging consider the following:

1. Make sure it was legally obtained

2. Properly identified
3. Properly recorded
4. Properly sealed and marked “Evidence”
5. Place a transmittal letter addressed to the laboratory and place in an envelope attached
outside the box/container. The letter must contain the : name of suspect, the victim,
specify what examination(s) is desired. Retain a copy for your files.

7. Transporting Evidence – Personal delivery, registered mail, insured parcel post, air express, are the legal ways
to transport evidence. Always specify that the person receiving the evidence is to sign for it. How evidence should be
transported depends on its size and type and the distance involved. Use the fastest method available. If the package
is mailed, a “return receipt” should be requested.

Frequently Examined Evidence

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Frequently examined physical evidence includes fingerprints, voiceprints, shoe and tire impressions, bite
marks, tools and tool marks, weapons and ammunition, glass, soils and minerals, body fluids (including blood), hairs
and fibers, safe insulation, rope and tape, drugs, documents and laundry and dry-cleaning marks.

What to be examined?

1. Class Characteristics – these are the features that place an item into a specific category; e.g., size and
shape of a tool mark may indicate that the tool used was a screwdriver rather than a pry bar.

2. Individual Characteristics – the features that distinguish one item from another of the same type; e.g.,
chips and wear patterns in the blade of a screwdriver may have marks that are distinguishable from those of
any other screwdriver.

8. What is AFIS? It means automated fingerprint identification system – an electronic fingerprinting system that can
digitize fingerprint information to produce inkless fingerprints. The latent fingerprints are scanned and converted into
an electronic image that is stored in a data base for rapid retrieval.

9. Handling Special Kinds of Evidences:

a. Voiceprints – is a graphic record of an individual’s voice characteristics made by a sound spectrograph which
records the energy patterns emitted by speech.

b. Bite Marks – Teeth impressions are found in partially eaten food, they can be cast in the same way shoe and tire-
thread impressions are. Dental impression material is preferred because of its fine texture. Saliva samples should be
taken using a swab before bite marks are cast.

c. Toneline – is a black photographic outline of the perimeter of a bite mark that can be compared directly with
models of an individual’s teeth.

d. Tools and Tool marks – Identify each suspect tool with a string tag. Wrap it separately and pack it in a strong box
for sending to the laboratory. A tool mark – is an impression left by a tool on a surface. It provides leads as to the
size and type of tool that made it. A tool mark is compared with a standard of comparison impression rather than with
the tool itself.

e. Weapons and Ammunition

Photograph weapons and then identify them with a string tag. Unload guns. Record the serial number on the string
tag and in your notes. Label the packing container “Firearms.” Identify bullets on the base, cartridges on the outside
of the case near the bullet end and cartridge cases on the inside near the open end. Put ammunition in cotton or soft
paper and ship to the laboratory. Never send live ammunition through the mail; use a common carrier.

f. Glass
Label glass fragments using adhesive tape on each piece. Wrap each piece separately in cotton to avoid
chipping and place in a strong box marked “fragile” for sending to the laboratory.

g. Spectrographic Analysis – can determine the elements of the glass, even of extremely small fragments.

h. Soils and Minerals

Put one pound of comparison soil into a container, identifying it on the outside of the container. Collect
evidence soil the same way. Seal both containers to prevent loss, wrap them and send them to the laboratory. Soils
vary greatly in color, particle size, minerals and chemical constituents. Take sufficient samples directly from and
around the suspected area at perhaps 5 to 100 foot intervals, depending on the scene.

i. X-ray Diffraction – chemical analysis of soil generally examined by density to determine mineral content and by
microscope.

j. Ropes, Strings and Tapes - It can provide leads in identifying suspects and in linking suspects with the crime. Put
labeled rope, twine and string in a container. Put tapes on waxed paper or cellophane and then place them in a
container.

k. Drugs – identification kits can be used to make a preliminary analysis of a suspicious substance, but the full
analysis must be done at the laboratory. Put liquid drugs in a bottle and attach a label. Put powdered and solid drugs
in a pill or powder box and identify the same way.

l. Documents – Do not touch documents with your bare hands. Place them in a cellophane envelope and then in a
manila envelope, and identify them on the outside.

m. Laundry and Dry-cleaning Marks

Ultraviolet Light – used to detect invisible laundry marks. Submit the entire garment to the laboratory,
identifying it with a string tag or directly on the garment.
 20

Blood can be identified as animal or human. It is most useful in eliminating suspects. Age, race or sex cannot be
determined from blood samples, but DNA analysis or DNA

n. Fingerprinting can provide positive identification of persons.

o. Examining Hair – The hair shaft has a cuticle on the outside consisting of overlapping scales that always point
toward the tip; a cortex consisting of elongated cells and the medulla – the center of the hair – consisting of variably
shaped cells. Variations in these structures make comparisons and identifications possible.

p. DNA Profiling

DNA – deoxyribonucleic acid, an organic substance in the nucleus of all living cells that provides the genetic code
determining a person’s individual characteristics. DNA is a basic part of the cell’s chromosomes and can be used to
create a genetic fingerprint to identify a person. It is found in body fluids, hair and tissues.

DNA PROFILING – can be done on blood, hair, saliva, semen, indeed cells from almost any part of the body. It uses
materials from which chromosomes are made to identify individuals positively. Except for identical twins, no two
individuals have the same DNA structure.

Probative Evidence – evidence that is vital for the investigation or prosecution of a case, tending to prove or actually
proving guilt or innocence.

q. DNA Fingerprinting – it describes the composition of DNA.

10. COLLECTING EVIDENCE FOR DNA ANALYSIS

Types of Evidence and Minimal Amounts to Collect

a. Blood

1. Fresh Liquid blood 3 drops

2. Stains Quarter Size
3. Drawn specimens (exemplar) 1 cc or 1 ml

b. Semen

1. Fresh Liquid Semen 3 drops

2. Stains Dime size
3. Swabs 2 swabs

c. Other Types

1) Tissues/Bones/Teeth: Although small amounts of evidence have provided enough DNA for analysis,
the amount that will be needed is unpredictable and depends on many factors including age and concentration
sample.

How to collect biological evidence?

Specimens should be collected and dried as soon as possible to avoid bacterial contamination.

2) Wet Specimens – Quick-dry using a hair dryer on the cool setting. For large amounts of material, use a
large floor fan. Absorb wet specimen onto sterile gauze. 100% cotton or Q-Tips and then dry.

3) Dry Specimens – Scrape dried specimen from permanent surfaces. Cut dried specimen out from large
areas. Package whole items if manageable.

d. Packaging Specimens

Drying specimens isn’t enough. They must be kept as free from moisture as possible.

1) Small Items – Place the collected specimen in a zip-lock bag. Squeeze the air out of the bag.

2) Larger Items – Use paper bags for large items and tape them closed.

e. Storing Collected Evidence. – Heat can destroy DNA, therefore, if the evidence is not sent for DNA Analysis
within a few days, store the packaged evidence as directed.

1) Short – term storage (less than 30 days). - Store in freezer. If freezer is not available, refrigerate
evidence. Store at room temperature for only 1 – 2 days.

Extended Storage (more than 30 days) – Store it properly

f. Sending Evidence for DNA Analysis

 21

Send evidence and exemplar samples, from the victim and suspect(s), properly labeled, together with a
written description of the specimens. Include any other important or relevant facts concerning the case and origin of
the sample(s) for the forensic scientist. Send samples via an overnight carrier. The sender is responsible for following
chain of custody.

COLLECTION AND PRESERVATION OF EVIDENCE

CONCEPT:

Presently, the judiciary together with the hierarchy of the Philippine National Police has given credence
more to the value of PHYSICAL EVIDENCE. At the outset, these inanimate objects are referred to as “SILENT
WITNESSES” because they are addressed to the senses of the court. Hence, the role of the different disciplines on
police sciences is necessary to interpret the meaning of the markings, impressions or striations embedded or marked
on these pieces of collected or gathered evidence. Result of examinations are testified, interpreted and argued
before the magistrate, who has the ultimate discretion whether or not to consider or accept the weight and probative
value of the physical or object evidence as elaborated by the testimonies of the examiners or experts.

Guided from the principles laid down by the following authors on the subject, namely:

O’Hara and O’Hara, in his book “Fundamentals of Criminal Investigation”, he stressed that “Human Beings
are creators of Habits.” He claimed that a suspect/perpetrator though how careful he maybe, even it needs a
rehearsal before doing his criminal act, will and will unconsciously leave traces or marks at the scene.

Dr. Paul L. Kirk said in his book, “Crime Investigation”, “The success of most investigation begins at the
crime scene.”

Kenneth W Goddard, in his book, “Crime Scene Investigation,” also suggested that, “ There is a need to
reconstruct the scene of the crime to tie the suspect(s) to either the crime scene or the victim(s).”

In one sensational decisions of the Supreme Court, it had considerably weighed or favored the probative
value of pieces of physical evidences offered in evidence over the testimonies of witnesses. The court empathically
favored the value of physical evidence relying on the principle, “res ipso luquitor” (the thing speaks for itself),
provided however, that it must past the test of unquestionable “Chain of Custody of Evidence.” The justifications of
these principles shall be discussed in the next topics.

GUIDELINES

The Crime Scene - is the locale within the immediate vicinity of the occurrence wherein evidence may be
found. Its significance are:

1. Source of pieces of physical evidence;

2. Source of information that is essential in the investigation;
3. Modus Operandi can be established
4. Where accused or perpetrator maybe found; and
5. Witness(es) can be interviewed.

1. First Officer or Investigator at the Scene

1. Welfare of the victim(s);

2. Record time & date of arrival;
3. Nature of crime and location of crime scene;
4. Weather and lighting conditions;
5. The full identification of the person discovering or reporting the scene;
6. Police officers who have arrived ahead;
7. Control and secure the scene of the crime;
8. Reroute traffic, if necessary.

Investigators must be aware of the required principle of evidence, that a crime

scene must be “reproduced” in court the way or condition the corpus delicti was discovered. It is imminent therefore,
that the investigator must be aware of the unintentional and intentional acts of nature that disturb the crime scenes.

2. Factors that Influence Effectiveness

From the managerial and administrative viewpoints, a crime scene search is affected by two (2)
environments – INTERNAL and EXTERNAL.

Internal – environment is best described as being all factors, which exists within an agency that can affect
the quality of scene searches. Many aspects such as funding, training of personnel, proper equipment or facilities,
command structure and planning programs directly contribute to the success or failure of searches.
 22

External – environmental factors – are those, which exist apart from a department and generally, include
societal changes and pressures. These factors may have immense impact on the operations and administrations of
the investigative work and therefore the investigators must be properly postured and careful in handling properly the
situation.

Walk-through is done by carefully entering the crime scene and keenly detecting, observing and visualizing
the nature, condition, appearances and positions of the crime scene.

1. Visualization of what the scene looked like before the crime occurred;
2. Visualization of what took place during the crime;
3. Identify all evidence potentials; prints, weapons, etc. and perishable evidence;
4. Identify laboratory service and other equipment needs – barricades, lights, etc.
5. Identify manpower needs; and
6. Establishing a practical path through the scene, that affords the lowest risk factor in terms of damaging or
destroying evidence.

3. Physical Evidence – are objects or materials searched, found and collected at the crime scene that are supposed
to be competent and material to the case under investigation.

The guiding principle that must be borne in mind is, “Nothing should be
touched or moved until it has been identified, measured, printed or photographed.”

a. Significance of Physical Evidence

1) It is the decisive factor in determining guilt or innocence of a suspect. By the testimonies of an expert
witness.
2) Can be a material aid in locating the perpetrator of a crime and because it narrows down the search of
suspects.
3) Establish corpus delicti and scene of incident.

How?
a) Determine the type of wound inflicted, which can prove the search for the weapon used.
b) Interviews of persons knowledgeable or who has information about the incident.
c) Search and collection of related pieces of physical evidence
d) Personal observation of the surroundings and the condition, appearances of the scene.

Note: All these information/activities must be recorded and documented.

b. How is the evidentiary value of Physical Evidence preserved?

1) Proper Recognition – the investigator must be knowledgeable of the elements or requisites of the
crime committed in order that he/she can search and gathered appropriate or relevant evidences; may it be
associating and/or tracing evidence.

2) Proper Documentation – used of the three (3) methods, namely:

a)Photography;
b) Sketching, Charts, Diagrams or drawings
c) Notes taking – jotting down related and material information, must answer the cardinal principles
of criminal investigation.

3) Proper Collection and Identification – it is the use of systematic/chronological, legal and complete
procedures in the collection process. Thereafter, placing the items in an appropriate separate materials or containers
to secure the evidences.

> Insufficiency of sample and failure to supply standards of comparison and controls are the most common
errors. The employment of improper collection techniques results also in a failure to realize the full probative value of
the evidence. Factors to consider includes:

(a) Adequate sampling

(b) Standard or known samples
© Integrity of Samples
(d) Types of evidence – portable and fixed evidence

4) Proper Control, Handling and Preservation – Marking, tagging and/or labeling the pieces of collected
evidences accordingly.
> Most organic matters change in character through natural decomposition and unless preventive measures
are taken, their probative value is destroyed. Factors such as time (weather) and temperature must be considered.

5) Proper Evaluation – presented in detail/associate with suspect and crime scene.

6) Prepared Oral Testimonies – investigator/examiner must be ready to testify in court with regards to his
participation in the investigation of the case as a witness or as an examiner.
 23

c. What are the kinds of Physical Evidence?

1) Real/Object Evidence – tangible objects (items that speaks for themselves), addressed to the senses of
the court.
2) Associative Evidence – evidence, which links the crime scene with the criminal/perpetrator of the crime.
These are items unconsciously left behind by the suspect such as: fingerprints, footprints, personal properties, etc.
3) Tracing Evidence – evidence that may be found in the suspect through the transfer of these items from
crime scene to his person, such as: paints, blood, mud, dirt, etc.
4) Oral Testimonies – interviews with persons with personal knowledge about the crime under
investigation.
5) Documentary Evidence – written information

d. What are the nature/types of Physical Evidence?

1) Minutiae types – small, fragile, and perishable

2) Bulk/large types – big materials. As a rule - must be collected ahead of the minutiae evidence.

Purpose :
> To ease the scene; and
> Avoid mingling and possible destruction

3) Materials in different forms – Gaseous, liquid or solid

e. How to make Effective Use of Physical Evidence?

The Investigator must:

1) Recognize the article as evidence (marking, labeling and tagging)

2) Collect only those related evidence (pertinent/associated to the crime)
3) Preserve the physical and legal integrity of the articles (packing, issuing receipt, appropriate containers,
etc.)
4) Evaluate the article’s worth (able to identify and correlate to the case on trial)

f. Characteristics of Physical Evidence

1) Qualities of Physical Evidence

(a) Cannot perjure – does not tell a lie

(b) It is not subject to impeachment, if properly and legally handled and preserved.
© It is often the decisive factor in determining guilt or innocence
(d) Can aid in locating the perpetrator of the crime
(e) Can aid the investigator reconstruct how the crime was committed.

2) Class and Individual Characteristics – attributes typical of a person, place or object.

(a) Class Characteristics – attributable features or distinguishing marks found in a group.
(1) Manufacturers
(2) Size of Objects
(3) Colors and reflectively (paints)
(4) Marks and traces (tools, tires, footprints)

(b) Individual Characteristics – attributable marks or features found on individual items or things.
(1) Microscopic Examination Details
(2) Striation Markings (tools and firearms)
(3) Individual cuts and depressions (footprints, fingerprints)

g. Considerations necessary to establish the Evidentiary Value of Physical Evidence

1. Causes of Alterations of Physical Evidence

a) Natural – this refers to weather condition, length of time or exposure to sunlight, rains, animals, etc.
b) Accident Causes – inexperienced or untrained personnel, unintentional damages, etc.
c) Intentional – deliberate acts to erase or disturb conditions and positions of material evidence.

2. General Rules in Protecting Physical Evidence

a) Exclude all unauthorized persons in the crime scene

b) Keep to a maximum the number of persons to enter the crime scene
c) Prevent exposure of evidence against alteration
d) Protect evidences obtained from other persons or sources from extraneous contact from other people or
objects in order to avoid contamination and scratching of evidences.

3. Collection – gathering and preservation of evidences

 24

Purposes:
a. To aid in the solution of the case
b. To prove an element of the offense; and
c. To prove the theory of the case

4. Principles in the Collection of Physical Evidence

a. Adequate sampling/sufficient amount of standards and questioned samples;

b. Integrity of samples (there should be markings for identification)
c. Proof of standard (validity of evidence)

5. General Rules in the Collection of Evidence

a. Obtain it legally (valid search warrant, permission and consent of the owner)
b. Described the details in your notes
c. Identify it properly
d. Pact it properly
e. Maintain the “Chain of Custody of Evidence) or chrono1ogical accounting of evidence.

>. Circumstantial Evidence – facts and circumstances observed and testified to by witnesses that an inference of
the identity of the perpetrators may be established.
6. Eyewitness Testimony – required is that the witness possesses personal knowledge, meaning, must
have actually witnessed the commission of the crime.

7. Victim – Statements/affidavits of witnesses. Consider exceptions to the Hearsay Rule, specially:

1) Sec. 31, Rule 130 – Dying Declaration

2) Sec. 36, Rule 130 – Part of Res Gestae

8. Be able to Reconstruct Events – the purpose is to assess the crime scene and possibly to infer
assumptions or conclusions through the appearance, nature and conditions of objects, on the theory that they
speak for themselves.

9. Places of Interest at the Crime Scene

4.1 Place or point of entry

4.2 Movement and contact/attack of the crime scene
4.3 Place of Exit; and
4.4 Relative surroundings or perimeters

RULES IN THE COLLECTION OF EVIDENCE

The inadequacy of these exhibits will give a hard time for the examiner to perform his/her tasks; utmost, the
examination will not prosper due to insufficiency of materials or exhibits.

Search, collection & identification and eventually handling and preservation of evidence is a tedious
function, but with the breadth of interest and felicity of inspiration and investigator possess, such few qualities can
overcome this problem.

1. Get all the Physical Evidence - Collect every item or evidence suspected or foreign though it does not
seem important at the time. Process the crime scene proceeding inwards but start collecting the marked and
identified pieces of physical evidence outwards. The closer it is to the center of the crime, the more valuable the
evidence is.

2. Mark the Evidence Correctly – Always take photographs, then mark down on your sketch the exact
place where you found the evidence. Record in your notebook the exact details. NEVER MARK THE EVIDENCE
WITH “X”, IT IS TOO COMMON AND EASY TO IMITATE.

In marking evidence, be careful with evidence that affects its monetary value, like jewelries, watches, or any
other type of personal properties that marking would depreciate its worth, they must not be mark instead use the
other forms of identification.

3. Prevent Contamination - Must always use and maintain separate containers to each of the pieces of
physical evidence collected. Do not do anything on the evidences that may change or contaminate each other except
in those instances that could be explained. The use of small bottles, envelopes, folded papers, self-sealing envelopes
for small types of evidence is proper. Do not put two (2) objects that are to be compared in the same container.

4. Maintain the PRINCIPLE OF CHAIN OF CUSTODY OF EVIDENCE – shall mean the continuous
handling of a piece of evidence from the time it was searched or collected up to the time it is offered or presented as
evidence in court. The Chain of Custody of Evidence – must be maintained unbroken from the time of the search
and collection of the evidence until it is presented in court. This chain must be kept to a minimum, ideally one person,
except in reasonable circumstances.
 25

RECOGNIZING POTENTIAL EVIDENCE

Articles at the scene of the crime may not always be readily recognizable as evidence of the crime. The
investigator must make a preliminary evaluation or survey of the objects as they are found, to determine whether they
have evidentiary value and should be collected. The apparent absence of any piece of physical evidence at the crime
would only tend to show that perhaps the investigator failed to conduct the necessary processing and searching of
the crime scene. The following basic checklist should be used to ensure that the investigator has recognized and
examined all potential evidence at the scene.

1. What crime has occurred? Different types of crime generate different types of physical evidence.

2. Items unusual to the scene. Articles, which would NOT normally be found at the type of scene in
question, should be collected as evidence, since it is likely that the offender either brought the object to the scene or
disturbed the object in its normal location.
3. Items necessary to complete. Proof that a crime has in fact been committed.
4. Weapons and other instruments of crime. Weapons or instrument used to facilitate the commission of the
crime.
5. Associative/tracing items. What items are significant to link or trace the suspect to the crime and
eventually would identify him/her.
6. Is there any fingerprints or tracks searched?
7. What are the evidences to be used as standards or exemplars?

SPECIAL KINDS OF PHYSICAL EVIDENCE AND HOW ARE THEY APPRAISED/MAINTAINED?

1. QUESTIONED DOCUMENTS

Questioned Documents reveal a lot of identifiable features, which can be employed to support other
evidence, confirm that the crime occurred and link or eliminate a suspect.

a. Burned

1) Examine with care the area of burned documents. A slight gust of wind may alter the evidence.
2) Take photo of the burned paper residue in order to record their position and location. In addition,
record and photograph any visible writings on the paper.
3) Use a cardboard sheet, a piece of glass or metal plate to pick up the burned paper. Put the evidence into
a firm container seamed with cotton batting. Tweezers can be used to pick up small pieces.
4) Burned paper located in trashcans or safety deposit boxes should remain in the container where located
and the entire container submitted.
5) Mark the evidence with your initial, the date and an exhibit number.
6) Label any mailing materials as “FRAGILE”

a. Fluid or Blood Soaked

 Intact

1)Always surrender the authentic evidence rather than is photograph, photocopy or any other type of
reproduction
2) Handle the document properly and protect the concealed fingerprints.
3) Label the document with your initials, the date and an exhibit number in the most visible but less crucial
pale of the document. Put it in a protective covering if it is brittle or may be exposed to rough treatment.
Avoid putting staples or pins on the document
4) Pack the document in an envelope or plastic covering, fasten and mark with your initials, the date and an
exhibit number.
5) Collect a comparison standard.

2. FINGERPRINTS – Basic Techniques for Discovering and Preserving

Two (2) types of fingerprints:

a. Imprints – usually visible. These are transfers of oils from the skin, transfer of blood, transfer of dirt. These prints
are processed by photographing or at times the use of developing powders.
b. Impressions in putty, in tar, in wet paints, in greasy surfaces or silt; usually semi-visible and invisible prints.
These prints are processed by using developing powders, chemicals or fumes.

* Collection of Fingerprint Evidence

The investigator should be alert on the places of where latent prints could be searched. First, the place of
entrance like doorknobs, broken windows, light switches. Second, place of attack, like drinking glasses, furniture,
safes, cabinets, all plain smooth surfaces where valuables may have been touched by the suspect(s). Thirdly, place
of exit like doorknobs, side of doors until the gates.
 26

Visible imprints are the most obvious and noticeable evidence and should be collected first through
photographs. Hidden prints are revealed by dusting and are observed by looking in an “OBLIQUE” manner.
Developing latent prints must be observed the “PRINCIPLE OF CONTRAST” . Then mount or lift onto a fingerprint
card or a mounting form paper

Extreme care must be used with the fresh fingerprints since they are easy to smear. If it can not be
developed, pack it on a box where the prints will not be touched or altered.

3. FOOT and TIRE PRINTS & IMPRESSIONS – These are produced when material adheres to the sole and
heel of the shoe or the tread of the tire it is deposited on a hard base or surface. For example; dust, paint, blood, etc.,
adhering to a shoe or tire may leave a print on paper or a polished wooden base.

IMPRESSIONS made by foot prints, tires, and tools can easily be destroyed during a preliminary crime
scene search. To prevent the loss of or damaging such evidence, immediately secure the crime scene and conduct
the collection and preservation of impressions forthwith in the following manner:

4. CASTING IMPRINTS – the basic materials needed are:

(a) Plaster of Paris (free from lumps or sifted, if possible)

(b) Rubber mixing bowl
(c) Water
(d) Metal casting frame
(e) Wire mesh strips for reinforcement
(f) Soft brush (baby bottle brush)

Although the casting of imprints is normally done with plaster of paris,

special situations may arise where the imprints are in snow, dust, ash, are water-filled or in mud of sludge. Skillful
technicians are necessary.

5. BODY FLUIDS – Body fluids and seminal stains are important evidences. Whether it be bloodstains or
seminal fluids, they can be employed to determine if a person is associated with a crime or not. The succeeding
presentations are offered as guidelines:

a. Procedures

1. Collect articles with stained on it; cut it from the large source and mark it with your initial directly on the evidence
in a conspicuous place away from the stained area.
2. Dry the blood through natural process or at a room temperature.
3. Cut it, if the owner consented; if not scrape it with a clean knife
4. When blood samples are required, it should be taken by medical personnel with approximately 5 cc in a sterile
test tube.

b. Fresh Moist Stains

1. Fresh Blood – collect it with tissue paper or with a medicine dropper and place it in a bottle with preservative. In
case NO preservative, place it in a microscope slide and allow it to dry carefully without any heat, or soak them with
pieces of blotting paper or filter paper and let them dry.
2. Do not heat stained material or place it in bright sunlight to dry. Hang clothing and similar articles in a room where
there is a rapid air movement, like an electric fan, except when foreign material has potential significance.
3. If items containing fresh moist stains are not completely dried before packaging, decomposition will occur which
will prevent complete testing.
4. When the stain is dry, label the item and roll it in paper or place it in a paper bag or box; seal and label the
container. Do not put stained objects into plastic bags.

c. Dried Stains

1. On cloth; label the article, roll in paper or place it in a bag or box, seal and label the container. Do not attempt to
remove the stain from the cloth. On small solid objects; send entire object to the laboratory, after labeling and
packaging it.
2. On large solid objects; it it is practical, the whole object should be delivered to the laboratory, with areas
containing dry stains covered with paper.
3. If the stain cannot be removed in any manner, use a piece of gauze dampened with distilled water to absorb the
stain, Make a similar swab of an unstained area. Dry the gauze pads, place them in separate envelopes, mark for
identification and seal.

d. Seminal Stains

Semen – is the male reproductive fluid. It normally contains spermatozoa, which are reproductive cells, as well as
other substances. An ultra-violet lamp may be useful in the preliminary search, because of the bluish - white
fluorescence of semen stains.
 27

Procedure:
1) Air – dry the material on a clean paper
2) When dried, place the material inside a paper bag. Mark the bag with the investigator’s initials, the date,
and an exhibit number before fastening it. DO NOT BAG ITEMS, IF THEY ARE NOT THOROUGHLY DRIED.
3) If the material has to be folded, cover the stained area with clean paper. Avoid folding across the
stained area.
4) Bloodstained materials should be packaged individually.
5) Collect a comparison standard. Get blood and saliva samples following steps, a & b.

e. Saliva

Procedure:
1) Air – dry the material on a clean paper
2) When dried, place the material inside a paper bag. Mark the bag with the investigator’s initials, the date,
and an exhibit number before fastening it. DO NOT BAG ITEMS, IF THEY ARE NOT THOROUGHLY DRIED.
3) If the material has to be folded, cover the stained area with clean paper. Avoid folding across the
stained area.
4) Saliva stained materials should be packaged individually.
5) Collect a comparison standard. Get blood and saliva samples following steps, a & b.

f. Sweat – Obtain sweat evidence, following/observing the steps shown in paragraph “c”.

g. Urine – Obtain urine evidence, following/observing the steps shown in paragraph “c”.

6. FABRICS – Fabrics discovered at the crime scene or missing from the

crime scene should be collected since these may be supportive or necessary evidence, which will associate a
suspect with the crime or eliminate him from consideration. Never disregard any item simply because you thought it
is not associated with the crime. The succeeding paragraphs would show how fabric is gathered and preserved.

a. Fibers and Fabric

Examples are; animal (hairs, wools, silk), vegetable (cotton, flax, jute,
hemp), mineral (asbestos, glass) and other fabrics are common articles, yet contain a variety of animal, vegetable
and synthetic fibers of numerous colors; thus threads and individual fibers frequently are useful evidence in criminal
cases. Fibers and threads are often found in fabric abrasions, torn metal or in other areas on hit and run vehicles. In
burglary cases, such evidence may be located on torn screens, broken glass, or metal or safes, or other locations.

Collection procedure:
1) Use forceps and place it on a paper. Sufficient samples from both victim and suspect must be submitted
for examination. Threads, cords, and ropes are cut into pieces as exemplars or samples.
2) Fabrics are threads woven together crosswise.

b. Threads, Cords and Ropes

All these forms of physical evidence come from fibers. A number of fibers
can be twisted to form a thread. A number of threads can be twisted to form a cord. A number of cords can be twisted
to form a rope. The difference usually is that of the size and strength.

7. CLOTHING AND SHOES

* Things to look for in Clothing:

a) Dusts
1) Vegetable fragments
2) Glass, wood,, print, lipstick, grease
3) Blood, semen, flesh and vomit
4) Metal particles and rust
5) Burned places
6) Feathers, hairs, fibers
7) Ink, fruit stains, dyes
8) In shooting incidents – traces of powder grains, discharge residues, smoke and metal
fouling

b. Things to look for in Shoes – The shoes itself must be wrapped and
submitted for examination.

c. Clothing, rugs, blankets and curtains – To be examined, must be taken away from the suspect as
soon as possible. Do not cut or damage the garment. If it is necessary to cut clothing, cut any place other than where
a bullet or knife has gone through. If clothing are wet or stained with blood, urine or water, let it dry at a room
temperature before packing. In collecting, be careful of any objects falling or dropping from the clothing, these things
may be of importance. Markings must be done on the plastic container separately packed. Falling or adhered
evidence must be collected separately and record its exact location or source.
 28

d. Dust/Dirt fillings and Paint chips

1) Evidence found adhering to movable evidences must be protected with cellophane or paper then
transmitted to the Forensic Crime Laboratory
2) For non-movable evidences/objects, scrape it and place it in a cartoon with cover
3) Mark and label all evidences, however, see to it that there are sufficient standards included.

e. Tissue

1) Collect as far as practicable objects where evidences have clinged

2) Avoid the use of instrument that would smash it
3) Place it in a clean glass slide, don’t place it in a bottle to avoid hard removal
4) Use a finger prick with clean needle to pick it up
5) Pack slide in a clean cellophane container

8. HAIR AND FIBERS

a. Hair Strands

Although hair is frequently encountered type of evidence, it has real

evidentiary value in only a limited number of cases, usually for determinations as to possible source. Yet such studies
require fairly large samples if the laboratory results are to be of real significance.
1) Handle it with care
2) Cover with cellophane and tape the edges of container
3) It the hair is long, coil it with your finger and place it properly in a clean sheet of paper
4) Care should be taken to any matter that adhered/clinged to the evidence
5) When collected hair evidence, it should be sufficient and to be taken by a Medico-legal Officer.

9. FIREARMS EVIDENCE

Firearms are involved in an appropriate percentage of both major and

minor crimes.

 Ballistics – is the science that deals with the motion and flight of projectiles. The laboratory can
establish the range, trajectory or penetration power of fired bullet, ricochet pattern studies and the like.
 Things to consider when firearm is recovered at the crime scene:

1) Note the position of the hammer (down, halfcocked or cocked);

2) Preserve prints when picking up the weapon;
3) Rough surfaces are the safe parts to hold;
4) When unloading a revolver it must be noted whether or not the cartridge under the firing pin has been
fired or not
5) Note the position of other fired or unfired cartridges in the cylinder
6) For automatic weapons, note the rounds left in the magazine and at the chamber.

a. Firearms Precautions Check List

1) Never submit a loaded gun to the laboratory unless it is delivered in person.

2) Never clean the bore, chamber or cylinder before submitting a firearm and never attempt to fire the gun
before it is examined in the laboratory.
3) Never pick up a weapon by placing a pencil or other object in the end of the barrel.
4) Record serial number, make and model of the weapon and mark it in some inconspicuous manner
before sending it to the laboratory.
5) Place the weapon in a strong cardboard or wooden box well packed to prevent shifting of the gun in
transit.
6) Rifles or shotguns may be taken apart to make it easier to package and ship, but do not disassemble
more than necessary.
7) If blood or other material of interest is present on the muzzle of the gun, place a small paper bag
around the muzzle and seal it to the barrel with plastic tape to prevent loss of the sample during
shipment.

b. Gunshot Residue

1) Wash you hands and wear a pair of gloves

2) Get swabs of the back of suspect’s left and right hand using cotton swabs moistened with 5 percent
nitric acid.
3) Get swabs of the right and left facial parts of a short firearm; check areas if a rifle or a shotgun is
involved.
4) Do not attempt to collect swabs if a .22 caliber was involved; if more than 6 hours has elapsed, or if the
suspect has washed his hands.
 29

5) Make a control swab by wetting a cotton swab with dilute acid. Then put the swab inside a plastic bag
marked as “Control Swab”.
6) Get swab off the interior of a spent casing using water, instead of acid. Put the swab in a plastic bag
and mark as “Casing”.
7) Put clothing evidence intended for gunshot residue testing inside a plastic bag. Mark the bag with your
initials, the date and exhibit number.
8) Send the firearm to the laboratory to determine the distance from the bullet hole to the fire arm muzzle.
If the ammunition is available, send with the weapon.

c. Loaded Weapon – revolvers – make a diagram on the rear face of the cylinder to show the position of
each cartridge with respect to the firing pin. The cartridges should be numbered to correspond to the numbering of
the chambers.

d. Small Firearm

1) Photograph the weapon before conducting the examination.

2) Dust the weapon for fingerprints
3) Remove magazine from automatic loading weapon.
4) Do not operate mechanism except to unload.
5) Sketch the relative position of the spent casings and live rounds with respect to the barrel.
6) Affix an identification tag to the weapon, which will contain a brief description of the firearm, make,
model, type, caliber or gauge destination, serial number, your initials, the date and an exhibit number.
7) Scratch initials or marks of identification on side of frame, receiver, back strap, bangle, etc.
8) Do not use “X” to mark stocks, side plates or any plate that can be readily removed or replaced.
9) Record the absence or presence of round in the chamber. Dust the outer surface of the clip for prints.
Put the clip in an envelope then mark.
10) Put the weapon in a plastic bag or paper bag. Mark the bag with your initials, the date and exhibit
number.
11) Do not send a loaded firearm through the mail.

e. Serial Numbers

1) If the serial number has been erased, put an identifying mark on the weapon.
2) Attach an identification tag to the weapon containing your initials, the date, and an exhibit number.
3) Put the weapon in a paper or plastic bag.
4) Do not attempt to retrieve the serial number using acid-tech solutions.

f. Shoulder Weapons

1) Photograph the weapon before conducting the examination.

2) Dust the weapon for concealed prints.
3) Do not clean or fire.
4) Record the absence or presence of round in the chamber.
5) Attach an evidence tag to the weapon with the weapon’s description and serial number.
6) Dust the outer surface of the clip for hidden fingerprints.
7) Put the clip in an envelope and mark.
8) Put the unloaded weapon in a wooden or rigid cardboard box and fasten. Mark the box with your
initials, the date, and an exhibit number.

g. Fired Bullet as Evidence

1) Photograph the bullets before conducting the examination

2) Never mark a bullet on or near the rifling markings on the bullet side, even if they are not clearly
defined. Certain examinations may not be possible if the base or nose is marked even though these are
preferred marking locations. If there is any question don’t mark the bullet but seal it in a marked
container.
3) Wrap recovered bullets individually in tissue paper and seal in separate pill boxes or envelopes.
4) Submit all evidence bullets recovered to the lab.
5) Do not attempt to clean recovered bullets before sending them to the lab except in case the bullets
removed from a body.
6) Handle fired evidence bullets as little as possible to prevent damage to the identification characteristics
in the rifling markings. Never use forceps or other tools to handle bullets.

h. Fired Cartridge Cases as Evidence

1) Photograph the fired metallic cartridge case before conducting an examination.

2) Do not mar, mutilate, scratch, or nick head the shell.
3) If recovered in revolver cylinder, mark chambers corresponding with the shell designation.
4) Note down the markings used for identification. Head designation of the marker.
5) Sketch showing relative position of shells, if recovered on the floor or street.
 30

6) Transmit the information to the laboratory. Scratch initials, or mark an identifying mark near the mouth
of the shell, preferably inside the mouth.
7) Do not scratch or mutilate head or near portion of cartridge case.
8) Roll individually in paper.
9) Place rubber band around paper.
10) Place wrapped cartridges in a heavy paper envelope.
11) Forward to the laboratory. Mark the bag with your initials, the date, and an exhibit number.

i. Fired Paper/Shotgun shells may be marked either on the inside or the outside of the paper or plastic
portion of the shell. Brass Shells should be treated as cartridge case.
1) Photograph the fire paper shot shells before conducting an
examination.
2) Do not mar, mutilate, scratch, or nick head the shell.
2. Note as to markings of identification used.
3. Sketch showing relative position of shells when recovered on the floor or street.
4. Transmit the information to the laboratory.
5. With ink or indelible pencil, mark inside of shells using initials of persons recovering.
6. Do not scratch, nick, mar or mutilate brass head of shell.
7. Roll individually in a paper.
8. Place wrapped cartridges in heavy paper envelope.
9. Forward to the laboratory.
10. Mark the bag with your initials, the date and an exhibit number.

j. Shotgun Wads – the wad should be placed in a pill box, sealed and labeled.

1) Photograph the shot wads before conducting the examination.

2) Recover sufficient evidence as many as possible.
3) Recover the source of the wads.
4) Transmit the information to the laboratory.
5) Make notes on the mark of identification used.
6) Using ink or indelible pencil, inscribe initials of person recovering evidence for identification.
7) Do not used “X” marking. Place in paper envelope, sealing for transmission to the laboratory.
8) Place in paper envelope indicating its source on the envelope.
9) Forward to the laboratory. Mark the bag with your initials, the date, and an exhibit number.
10) Gather the spent wads and record their locations. Put them separately in paper envelopes.
11) Mark the envelope with a required information.

k. Small Shot – buckshot, birds shot and similar ammunitions are too small to be marked; hence, the
specimen should be placed in a pillbox, sealed and labeled.

1) Photograph the shot pellets before conducting the investigation.

2) Recover pellets as many as possible. Do not mutilate any other evidence wile collecting or removing
evidence.
3) Record source and position of recovered pellets.
4) Record number and send to the laboratory.
5) Note mark of identification used on seal.
6) Seal container–marking seal with mark of identification on gun label seal envelope.
7) Use pillbox as shipping container.
8) Place a box as shipping container.
9) Indicate source of pellets on envelope.
10) Forward to the laboratory. Mark the bag with your initials, the date and an exhibit number.

l. Ammunition as Evidence

1) Always attempt to recover unused ammunition for comparison purposes when firearms are obtained as
evidence.
2) Unfired ammunitions may be marked on the side of the cartridge case, near the bullet end.
3) Ammunition may be compared to establish similarities in type and manufacturer.
4) In some instances it is possible to prove that hand loaded bullets had a common source or that the
cartridges were reloaded with the same tools.

10. EXPLOSIVES AND INCENDIARIES

Extreme care is needed when searching for bomb or arson – related evidence. For instance, the presence
of large volume of debris, their small size and possibility of their being washed away when fire is extinguished, make
this type of evidence hard to find. The succeeding paragraphs would show how arson and explosive debris are
gathered and preserved.

1. Arson Debris

a. Glass
 31

1) Collect glass splinters and dust them for fingerprints, to determine if it indicates that a Molotov
Cocktail device was used.
2) Package the glass splinters in a clean, fastenable metal can.

Mark the metal can with your initials, the date, exhibit number and other pertinent information.

b. Wood and Fabrics

1) Collect materials, which may appear to have traces of gasoline or any other incendiary. Follow
the steps shown above for glass.
2) Obtain comparison standards. Materials similar to the collected evidence which appear to be
free from gasoline or any other incendiary, should be collected as standard. Though not
always necessary, comparison standards are required especially if the floor or ground work is
chemically similar to the incendiary used.

c. Suspected Flammable Liquids

1) Put an ounce of the suspected fluid in a small, sealed, clean can.

2) Fasten the can and mark it with your initials, the date, exhibit number and other pertinent
information.

d. Foreign Objects

1) Put objects foreign to the crime scene in a separate plastic bag.

2) Fasten the bag and mark with your initials, the date, exhibit number and other pertinent
information.

2. Explosive Debris

a. Find the focus of the blast and then get loose debris from it. Subsequently, remove additional material
up to 3-5 inches deep.
b. Put the evidence in separate clean, unused, metal cans. Fasten and mark the cans with your initials,
the date, exhibit number and other pertinent information.
c. Put objects to be in close proximity with the blast in metal cans. Mark them. Put metal objects form the
explosive device in metal cans. Wrap items like wires and objects with tool marks in tissue paper
secured with a tape. Mark the metal cans with your initials, the date, exhibit number and other pertinent
information.
d. Evidence collected from the scene should not be placed in the same package together with the
evidence obtained from the suspect.
e. Comparison standard should be packaged separately.

3. Explosive substances and devices

a. Find evidence from deactivated substances. Do not attempt to deactivate any explosive device
unless you have been trained to do so.
b. Dust the mouth surface of the device for fingerprints.
c. If a tape or paper wrapping is found, put this in a clean unused metal can. Fasten the can and mark it
with your initials, the date, exhibit number and other pertinent information. Do not handle any of
these directly with your fingers.
d. Segregate materials such as batteries, wires, and cap fragments. Put them in a clean, unused metal
cans making sure that items with tool marks should be wrapped in tissue paper and secured with
tape. Mark the cans with your initials, the date, exhibit number and other pertinent information.
e. Put a 35 gram sample of the suspected explosive in a small, clean, unused metal container. Mark the
container. Avoid sending explosives to mail.

11. FOOD AND DRUG SPECIMENS

Food and drug specimens may link a suspect with the crime or corroborate other evidence. The succeeding
paragraphs outline the steps for gathering and preserving liquid, powder, and solid or plant material specimens.

1. Liquids

a. Gather a minimum of 1 pint of the liquid using a leak proof container.

b. Fasten the container with adhesive tape and mark it with you initials, the date, and exhibit
number.
c. Mark glass containers with “fragile”.
d. Collect the comparison standard.

2. Plant Materials
 32

a. Air dry samples by putting it on brown paper for twenty four hours.
b. When thoroughly dried, put the evidence on a pillbox or a vial and fasten with tape.
c. Package each sample separately.
d. Weigh the contents.
e. Mark the container with your initials, the date, and an exhibit number.
f. Collect a comparison standard.

3. Powder or Solids

a. Put in a container such as pillbox or a vial.

b. Weigh the contents.
c. Fasten the container and mark with your initials, the date, and the exhibit number.
d. Refrigerate the evidence if required. Do not attempt to add preservatives to solid food
samples.
e. Collect comparison standards.

4. Tablets and capsules.

a. Put the evidence in a plastic vial or pillbox.

b. Record the contents.
c. Fasten the container and mark with your initials, the date and an exhibit number.
d. Collect a comparison standard. Search the refrigerator or cupboard for similar materials, which
as marked. Avoid removing the samples from their original containers. Put them in sterile,
clean containers and refrigerate to inhibit the growth of bacteria. Similarly, comparison
standards for drugs are collected following the same procedure. Do not mix specimens in a
single bag even if they were found close to each other or even if they are similar in
appearance.

12. GLASS

Glass may contain hidden fingerprints and should be packaged properly. If

glass fragments are found in shoes or clothing, collect these and send to the laboratory for analysis. The succeeding
paragraphs will indicate how large or small glass fragments are gathered and preserved.

l. Bottles, Jars, Glass and Drinking Glasses

a. For wide mouth, insert two or more fingers inside it, then place it inside a hard cartoon container.
b. For small mouth, place index finger on top and the thumb on the bottom, then place it in a hard cartoon
container.
c. Seal off and avoid contamination or stilling of contents that may destroy the evidentiary value.

2. Broken Glasses

a. Use fingers on edge of large evidence

b. Use paddled tweezers on small pieces
c. Avoid grasping on obvious smudges
d. Wrap pieces of debris on a clean sheet of paper

3. Large Fragments

a. Search for concealed fingerprints using the dusting method.

b. In order to prevent the damage on the thin, protruding edges of the glass, put them in modeling clay or
putty.
c. When picking up glass, use tweezers to minimize scratching of the glass surface and to protect the
glass edges. Avoid breaking the fragments.
d. Mark the glass fragments with adhesive tape for identification by clearly writing your initials and the
date of the tape.
e. After marking, warp each fragment with cotton and secure all fragments in a fastened box. Mark each
box with your initials, the date and an exhibit number.
f. Place in a separate package all questionable glass fragments.
g. Incase you are using the fragments in fracture analysis such as when tagged whether these were found
inside or outside the building, in addition, mark the surface of the glass, which was facing outside.
h. Do not forget to collect a comparison standard.

4. Small Fragments

a. Inspect articles of clothing and footwear of the presence of glass fragments

b. Use tweezers or other similar instruments to gather the glass shards, making sure that the edges and
surfaces of the glass are nit accidentally scraped in any way.
 33

c. Using clean paper or plastic bags, carefully wrap each article of clothing where glass pieces were
found.
d. Put in separate bag all questioned glass fragments, separate from the known glass pieces.
e. Securely fasten each bag and mark the same with your initials, the date and an exhibit number.
f. Place footwear and other solid objects in separate containers such as shoe boxes. To prevent rattling
and damaging the glass, tape each object to the bottom of the box.
g. Do not pack articles containing microscope glass pieces in cotton or other soft material
h. Secure each package thoroughly. Check if there are holes through which glass pieces might be lost.
i. Keep loose glasses fragments in pillboxes, plastic or glass vials and fasten them completely. To
prevent rattling and chipping of glass, place cotton inside the receptacle. Do not use envelopes as
containers.
j. Make sure that you tag all packages with your initials, the date and exhibit number.
k. Do not forget to collect a comparison standard.

5 How to Obtain Comparison Standard for Glass

To obtain a comparison standard for glass, collect comparison samples from the area nearest the point of
impact. Samples should be at least the size of a one-peso coin. Clearly tag each comparison sample with adhesive
tape bearing your initials, the date, and exhibit number. Wrap each comparison fragment according to the proper
procedures outlined above. When the direction of force will be analyzed, always collect a glass standard from any
remaining glass in a window or door as close.

13. LIQUIDS AND VISCOUS SUBSTANCES

Liquids and viscous substance may be used to link a suspect to the crime or eliminate him from
consideration. These evidence readily evaporate and are easily contaminated, hence, utmost case is required during
collection. The succeeding paragraphs indicate how substances like alcohol, gasoline, glue, oil, etc. and comparison
standards should be gathered and preserved.

a. Liquids

1) Wear cloth gloves when handling liquid containers

2) Containers may conceal fingerprints so dusting them is a must. Send any print that may be found to the
laboratory.
3) Non-corrosive liquids should be collected in print-size unused metal cans. For corrosive liquids, use
glass or plastic containers with appropriate tops.
4) If spillage occurs, scoop or scrape as much liquid as possible into a tightly capped class receptacle. If
the spillage occurs on carpeting or soil, put the wet portion of the material into a tightly capped glass or
metal container.
5) Package the containers and wrap them with foam rubber or polyurethane chips.
6) Each container should be marked with your initials the date and exhibit number. Mark the packaging
boxes as “FRAGILE.”
7) If the liquid is combustible, do not ship through mail
8) Collect a comparison standard.

b. Viscous Substance

1) Wear cloth gloves when handling containers.

2) Dust containers for concealed fingerprints. Send prints to the laboratory for analysis.
3) When dealing with grease, do not following procedure;

a. For small Amounts= Get a cotton swab of the substance and put into a plastic bag. Fasten the
bag and mark.
b. For large Amounts= Place the substance inside a fastenable plastic container through the aid
of a cotton swab or a plastic spoon.

c. For Oil or Glue

 If it is possible, put the substance into a clean unused tight-fitting metal can;
 If it too viscous to be poured, use a plastic spoon when putting it inside a container.
 If it is already kept in tight-fitting container, which is not more than one print, send it to the laboratory in
its original container.

d. Collect comparison standards.

*Comparison Standard- Liquids and Viscous Substances

Search the suspect or his belongings for liquids and viscous

substances. Any substance found can be used as a comparison with substance found at the crime scene. If more
than one substance is revealed, package each separately and mark accordingly.
 34

14. METALS

Offenders in most crimes use metallic objects, such as knives or firearms, A metal can reveal information
like surface imperfections, scratches, and chemical composition. The e succeeding paragraphs reveal how to gather
and preserve metal evidence.

a. Fillings

1) Scrape fillings derived from sawing or drilling into a plastic bag.

2) Fasten the bag and then mark with your initials, the date and an exhibit number.
3) Collect comparison standard

b. Fragments

1) Fragments may come in the form of bullets, bullet fragments, grillwork, headlights frames, dies, etc.
which may be embedded or embedded in walls, floor, etc.
2) For embedded fragments;
 Collect the evidence and put it in a plastic bag or in any appropriately sized container.
 Use padding materials when packaging the evidence to protect the identifying characteristics or the
area along the fracture plane from damage.
 Fasten and name similar to procedure in Metals 1.

3) For embedded fragments on walls, floors, etc.

 Ask for the assistance of laboratory technicians, to remove the embedded fragments from the wall, floor
etc.
 Pack as much of the material where the fragment is embedded in an appropriately sized container.
 Fasten the container and attach an evidence tag marked with your initials, the date and an exhibit
number.
 Collect comparison standard.

c. Large sections

1) Get photo of the obvious marks on doors or other materials, which are too massive to be removed.
Don’t forget to place a scale beside the evidence when taking the photographs
2) Protect the marks by casting them in silicon rubber compound.
3) Pack and mark the cast similar to the procedure of impression of footprints but leave our “NORTH”
marking
4) Collect a comparison standard.

*Comparison Standard Metals

 At the Crime Scene

A door that has been forcibly opened is the place where a standard source for fillings found on the
floor can be obtained. Gather, pack and mark the filings as in Metal Filings.

 In the Offender’s Possession

A file, a pry bar, or metal filings found on the offender’s shoes, cuffs, pockets, or other clothing
parts represent the standard against, which evidence found from the crime scene can be matched. Gather,
pack and mark the standard as shown in metal filing, fragments and large sections.

15. PAINTS

Paint specimens may be liquid, chips or smudges. The succeeding paragraphs reflect how various forms of
paint and comparison standard can be gathered and kept.

a. Chips and Smudges

1. On Little Materials with Paint Smudges or Chips

a) Mark the material with your initials where it is noticeable

b) Put each material in a separate plastic or paper bag. Protect the paint area from scratches by
covering it with plastic or brown paper.
c) Paint chips can be gathered by means of tweezers or by shoveling them with a piece of paper.
Put them in a bag.
d) Fasten each bag and mark with your initials, the source, the date and an exhibit number.
e) Collect a comparison standard.

2. On Big Non-Movable Materials

 35

3. Wet Paint Smudges on Cloth, Wood, Metal or Glass

i. Liquids

1. Follow the procedure outlined for viscous substances in Liquid’s viscous substance
2. Comparison Standard- Paint Chips and Smears
3. Extract Paint Evidence- using a clean knife or peeling instrument from two spots where the paint was
located and from the suspected source of the questioned paint. Try to collect at least ½ square inch of
surface area for each evidence with all paint layers presented. Surrender all chips or peelings at hand.
If the material is small, send the whole material. Pack and mark all items as indicated in paint samples.

16. SOIL

Soil and mineral may reveal evidence that could link the offender to the crime, samples collected should
have soil characteristics similar to that of the crime scene area. The succeeding paragraphs indicate how dried mud,
dry soil, mud and comparison standards are gathered and kept.

a. Caked Mud

1) When gathering pieces of cake mud, use an instrument such as spoon or knife. Clean the instrument
right after using.
2) Pack in a clean plastic bag any personal effects, like clothing and shoes containing traces of caked mud.
Package the effects separate bags.
3) Fasten each bag and mark your initials, the date and an exhibit number.
4) Collect a comparison standard.

b. Dry Soil

1) Gather a minimum of ½ pound of all available soil, if possible

2) Put dry soil in a box or any appropriate cardboard container
3) Fasten and mark with your initials, the date, the source and an exhibit number.
4) Never use envelopes and glass for dry soil
5) Collect comparison standard

c. Mud

1) Utilize a clean knife and peel off the mud on materials that can not be sent to the laboratory
2) Put the peelings in plastic or cardboard container
3) Fasten the container and mark with your initials, the origin, the date and an exhibit number.
4) Collect comparison standard

d. Dirt, Dust and Debris

Dirt = small remains of anything broken down or destroyed

Collection of Debris = The most common place where to find debris is on the clothing of the suspect. Get the
clothing and properly wrap in strong paper and send to the laboratory.

Dust = means small particles, which are fine enough to float in air and usually can be identified only by a
microscope.

17. Chemical Materials

1. Poisons - are any substances, which get inside a human body and causes serious injury or death.

Most poisons are chemicals, medicines or natural products, which can cause illness or death. The detection
and identification of poisons in the body is called Toxicology.

 Collection of Physical evidence in Poisoning Case

Besides collecting bottles, containers and dishes, the investigator should be present at the autopsy to
gather specimens taken by thee doctor, like: vomits, urine, and stomach washings.

2. Alcohol and Sobriety Examination

This particularly applies in Traffic Accidents or if alcohol was used to facilitate the commission of a crime. It
is easier to detect and examine a person drunk than a person under the influence of liquor or not drunk. This can be
determines through chemical examination of the blood or urine,

 Alcoholic Beverages
 36

The most common alcohol is ethyl or ethanol, which is called grain alcohol because it is usually
made from grain products. Other common alcohols are Methyl used for lamps and isopropyl alcohol used for
hair tonics and cosmetics. These two (2) kinds are very poisonous and do not produce a good feeling to
persons who drink them. They are not commonly found in intoxication cases.

Alcohol in beverages comes from the chemical change of sugar. If grain is used to start, it must
first be changed to sugar. The process is called MALTING. All intoxicating beverages are mostly water,
alcohol and flavoring materials. These are added or may come from the burned barrels in which the
beverages are stored. The burned woods of barrels give whisky and scotch its brown color.

 Beer is made by fermentation and contains 6% alcohol.

 Wine is made from grapes and contains up to 8% alcohol
 Whisky is distilled beer
 Brandy is distilled wine
 Gin and vodka are made from pure alcohol with other substances added for flavor.
 Whisky, gin, brandy and vodka contain 40% to 50% alcohol.
Alcohol goes into the stomach and directly to the blood. About ½ of the alcohol taken gets into the
blood in about 15 minutes and all of it in 30 minutes to one hour. It goes into those parts of the body, which
contain water. It does not go into the places like bones and fat. Only the blood and urine can be examined to
determine alcohol contents.

 Meaning of Blood Alcohol Levels

 0 to 0.05% - Not under the influence of liquor.

 0.05 to 0.10% - Show the effects of liquor and unsafe to drive a vehicle.
 0.10 to 0.17% - No0t drunk but are unsafe to drive vehicle. They can be considered under the influence
of liquor.
 0.20 and higher – Definitely drunk
 0.35 to 0.45% - Usually unconscious
 0.50% - Persons usually die from alcohol poisoning at this level.

 Sobriety Examination by the Investigator

Even though the investigator has a blood or urine sample, he should also make certain tests of the person in
order to testify in court, such as:

a) Balance
b) Coordination
c) Reaction time
d) Eye condition and reaction to light
e) Speech
f) Breath odor
g) Walking and turning ability

The best sample for alcohol test is the blood and the nest is urine. Sodium benzoate is the best preservative
for urine and sodium fluoride for blood.

 Rules to observe in collecting blood and urine samples

a) Use clean bottles or jars – containers must have tight stopper or cover to avoid evaporating or
spilling;
b) Seal and label the specimen correctly – a tag would be better than labeling
c) Give the laboratory all information – investigator must to the request a detailed report for the
examiner to facilitate examination.

3. Drugs of Addiction and Habituation

Drugs come in several forms and are either abused. The investigator must take appropriate steps to acquire
physical evidence of used drugs ad paraphernalia. Subject person to examination.

4. Physical Evidence from Fires

The crime of causing a fire is called ARSON. Some motives of Arson are:

a) Pyromaniacs – these are people with a mental condition who get pleasure in watching the fire burn or
watching the firemen put out the fire.
b) Frauds – set fire for insurance purposes
c) Concealment of another crime
d) Revenge

Collecting Evidence from Fires

 37

All unusual physical evidence used to put the accused at the scene of the crime should be collected.
These include broken glass, hair, fibers, soil, debris, etc. if the criminal used a liquid to set the fire, there is a
possibility that this material may be on his clothing or shoes. Investigator should coordinate with experienced
firemen to locate for materials used to start the fire. Ashes and containers must be properly sealed and wrapped
to protect from evaporation, then marked properly before transmitting it to the laboratory for examination.

5. Explosives, Bombs and Gas

Explosives are very delicate and dangerous to attend to, therefore, an experienced demolition expert has to
handle the situation.

However, after an explosion, the investigator must conduct a proper photography of the areas affected.
Investigator must exert effort to look for fragments of torn metal from the bomb itself or bits of wood and cardboard
and parts of clocks used to set off the explosion. Found fragments must be placed in an envelope or container and
properly identified.

Biological Materials

1. Blood and Bloodstains

Blood is usually spilled inmost crimes of violence and the criminal may shed it while committing his crime. It
is the best specimen for testing alcohol in sobriety examinations, also in disputed paternity cases.
An adult male has about 5,000 cc or 10 pints of blood unlike in females, which has 3,800 xx or 8 pints.

Blood sample sent to the laboratory for examination is to determine its blood groupings. Samples from
suspects, if the investigator shall bring the suspect to the laboratory for extracting of blood samples.

2. Seminal Stains

Semen is the male fluid, milky white fluid containing millions of small cells with tails called PERMATOZOA.
Each male ejaculation produces about 3.5 cc or a teaspoonful of semen. Semen is important physical evidence in
cases of seduction, rape, unnatural acts of perversion and bestiality with animals.

The investigator should get the clothing of both the victim and suspect as soon as possible after the offense
was committed. The clothing must not be rolled or crumbled to avoid destruction of the spermatozoa. The alleged
victim must be subjected to a Physician’s examination to determine the presence of spermatozoa, injury and other
related details. Detailed interview and investigation must be done on the victim to determine other related factors
whether she maybe telling the truth or making a false accusation.

3. Hair

Hair examination is one of the oldest forms of physical evidence.

 Structure of Hair

Hair consists of a root, tip, and a shaft. All hairs have a root; if the hair has fallen naturally, the root
is found to be dried up; if it was pulled out, the root is shaped like a bulb. There are several parts of a
hair:

a) Cuticle – the outer scale cover of the hair

b) Cortex – the center part of the hair
c) Medulla – the center of the hair that runs through the cortex.

 Collection of Hair Samples

Hair evidence should be looked for on clothing, combs, weapons, in pockets, on the fingers of the
victim and the suspect. Samples must be taken from both victim and suspect. Samples may be taken
from the head and pubic hair. The best way of collecting hair samples is by combing. Investigator must
at least submit 100 hair samples, which must be placed in a paper envelope and properly sealed and
identified.

4. Bones and Skeletal Remains

Photographs should be taken. Soil sample should be collected. Do not attempt to remove hair or other
objects from the bones and do not attempt to wash or clean them in any way. A careful search for all teeth must be
made. A piece of wire screen can be used to sift all soil in the area to look for small bones or body particles, this
sometimes become the lead in the identify of the victim.
18. Miscellaneous

Materials like cigarette butts jewelry, magnetic tape recordings or writing instruments can link a person to a
crime since each provides easily identifiable features. For example, a tape recording of anonymous voices heard as
pale of the threat prior to a bombing or extortion may be associated with known voices of an offender through
voiceprint analysis, assuming there was careful recording of questions and known voices. The succeeding
 38

paragraphs show how cigarette butts, jewelry, magnetic tape recording, writing instruments and comparison
standards are gathered and kept.

1) Cigarette and tobacco butts

a) Collect the cigarette butt using a piece of paper or tweezers and put on a
small plastic bag. Never hold the cigarette butts with your hands.
b) Label the bag with your initials, the date the source and an exhibit number.
c) Clear tobacco material from papers or clothes pockets into a plastic pillbox. Label and fasten as above.

D. MARKING EVIDENCE

Evidence must be marked to assure that its identity can be legally established in court. When evidence is
produced in court, it is imperative to prove it is the same as that found at the scene. Normal descriptions of items are
not sufficient; distinctive symbols or initials of the recovering officer, date when recovered and/or an
individual letter on each item of evidence collected should be used. These marks can be written, scratched or
carved, however, not to damage the item or alter its evidentiary value, by using the other methods of identifying such
as; labeling or tagging.

Exceptions:
No attempt should be made to mark evidence, when:

a) The item, by its nature is impossible to mark

Example: Dust, fibers, blood, etc.
b) The marking would alter its monetary or authentic value
Example: Diamond ring, antique objects, rare coins, etc.
c) The marking might hinder subsequent analysis, such as: documents containing fingerprints, bullets, etc.

* Tagging or Labeling Evidence:

Objects, which are not suitable for markings must be tagged. A paper tag firmly affixed to the items of
evidence can serve as a basis for later identification.

Labeling – writing the needed information on the container.

Advantage: it provides for a greater space for recording pertinent data, such as:

1) Case number
2) Date & time when article was found
3) Name and description of the article
4) Location and time of recovery
5) Signature of the investigator/finder
6) Name of witness(es) to the recovery

 For Storage: Entries written and properly tagged/labeled

1) Date the evidence was received

2) File number of the case
3) Title of the case
4) Person or place from whom at or at which received
5) Person who received the evidence
6) Complete description of the evidential items including size, color, serial number, etc.
7) Disposition
8) Identity and signature of the officer in control of the evidence room

E. PRESERVING EVIDENCE – GENERAL COMMENTS

Physical evidence may be most effectively presented in court if it has been properly handled and preserved.
An analysis of evidence by the laboratory may be impossible, if the evidence has been altered or contaminated.

1. Preservation : Two (2) Methods

(1) Physical preservation

(2) Preservation from alteration of perishable evidence

2. Containers

The investigator should try to suit his containers to the sample. Due to bacterial or fungal actions it is
imperative that one does not put damp or biological evidence in plastic bags. The following is suggested:

a. Plastic or cellophane envelopes are suitable for small dry objects.

b. Paper envelopes are suitable for folded paper bundles containing very small or powdery material if all
corners are sealed. Do not use paper envelopes for fiber evidence, a vial or pill box is preferred.
 39

c. Vials, pill boxes, capsules and like containers are frequently suitable, depending upon the exhibit and its
condition.
d. Garments and large exhibits can be placed in bags or rolled in paper.
e. Paper or plastic envelopes can be sealed around the ends of large exhibits such as tools, with plastic tape
to prevent loss of adhering evidence.
f. Loss of adhering evidence on large exhibits, such as safes, vehicle bumpers, etc., can be prevented by
placing plastic paper over the vehicle and sealing it with tape.
g. Always use clean and new containers to prevent contamination.

3. Storing Evidence

Evidence should be stored in a safe, evidence vault, locker or some other location where unauthorized
persons do not have access to it. This applies to both temporary and long range storage.

G. DELIVERY/TRANSMITTAL OF EVIDENCE TO THE LABORATORY

Proper handling of physical evidence is necessary to obtain maximum possible information upon which
scientific examination shall be based and to prevent exclusion as evidence in court. Specimens, who truly represent
the material, found at the scene, unaltered, unspoiled or otherwise unchanged in handling will provide more and
better information upon examination. Legal requirements make it necessary to account for all pieces of physical
evidence from the time it was collected until it is presented in court. With this in mind, the following principles should
be observed in handling all types of evidence:

1. The evidence should reach the laboratory as mush as possible in the same condition as when it was
found;
2. The quantity of specimen should be adequate. Even with the best equipment available, good results
cannot be obtained from insufficient specimens;
3. Submit a known or standard specimen for comparison purposes.
4. Keep each specimen from others so there will be no intermingling or mixing known and unknown
material. Wrap and seal in individual packages when necessary.
5. Mark or label each piece of evidence for positive identification as the evidence taken from a particular
location in connection with the crime under investigation.
6. The chain of custody of evidence must be maintained. Account for evidence from the time it is collected
until it is produced in court. Any break in this chain of custody may make the material inadmissible as evidence in
court.

In order that examination can be performed promptly and permit ready reference to cases in a later date, it
is necessary that laboratory personnel have certain information about the evidence submitted and the case under
investigation. A separate written request should be prepared for each examination desired (e.g. for Ballistic Test, for
Chemistry Test, etc.). The request should contain the following information to accompany all evidence submitted to
the laboratory examination:
1. Type of offense under investigation;
2. Date, date and place of commission;
3. Date when evidence was collected. (This may not be the same date as when the offense was
committed.)
4. Name of victim(s) and suspect(s); and their address;
5. Name of the officer and office submitting the material;
6. A list of specimens submitted and each instance a brief but comprehensive description of:
a) where the specimen was found in relation to other objects at the crime scene;
b) condition of the material when found peculiarity in any respect; and
c) any changes in the nature of the evidence, which the investigators may have made either
accidentally or unintentionally.
7. Type of examination desired for each specimen submitted; and
8. A brief summary of the facts of the case under investigation.

Before submitting the evidence to the laboratory, consult the following checklists.

The answer to each question should b e “YES”.

a) Did I collect all the available evidence in this case?

b) Did I collect sufficient amount of each type?
c) Was I careful not to alter the materials in handling and in preparing it for transmittal to the laboratory?
d) In packaging:
1. Did I properly label each piece of specimen individually and make references that I can identify
later?
2. Did I wrap the various specimens separately to prevent contamination?
3. Did I pack the specimen properly?
4. Did I use a clean container for the specimen?
5. Did I secure properly the specimen in the container?
6. Did I seal it in a manner as to prevent its being spilled/opened by accident?
7. Did I address the package properly?
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RECOMMENDED PROCEDURES IN THE DELIVERY OF EVIDENCE:

1. Personal Delivery of Evidence – is the best method, it will permit a personal contact for consultation between
the criminalists and the investigator, which may be very beneficial.
2. Mail Shipments of Evidence – use registered or certified mail if evidence is of high monetary value or if it is
small and of critical value. Otherwise, first or fourth class mail is satisfactory.
3. Prevent Damage – package contents so that breakage or contamination will not occur during shipment.
4. Restrictions – Follow postal regulations. Do not mail explosives and other prohibited items.
5. Seat package completely – even if fourth class mail is employed. Do not just tie with string, but rather employ
tape which meets postal service regulations.
6. Place the cover latter on the outside of package.
7. Express shipments packaging procedures are the same as for regular mail shipments.

Evidence Requiring Special Handling

1. Explosives – Do not deliver or ship explosives to the lab without contacting the criminalists by telephone
first, he will evaluate the situation and indicate the procedures to be followed.

2. Dangerous Materials – The same telephone contact must be made prior delivering loaded weapons,
dangerous chemicals, etc.

3. Perishable Materials – Deliver only during working hours

NOTES TAKING AND SKETCHING

INTRODUCTION

No matter how intelligent a person is when after several months or years, possible he can no longer
remember everything. Settled has been the observation of luminaries, memory cheats sometimes the person.
Notes taking or recording facts can never be substituted by memory alone. Courts usually allow a witness to
refresh his memories through notes.

CONCEPT

Notes taking and sketching are methods of documenting a crime incident, they are permanent records and
are admissible in evidence, especially during rebuttal stage.
WHAT ARE SOME OF THE STANDARD METHODS OF RECORDING INVESTIGATIVE DATA?

RECORDING – refers to the act of writing down all pertinent and material facts and details surrounding the
commission of a crime under investigation.

What are the methods of Recording?

1. NOTES TAKING – Specifically speaking, notes taking begins when the investigator arrives at the crime
scene. He writes down the identity of persons involved in the incident. Writes down the condition of his
surroundings and his observation to material evidence. He also draws a basic sketch of the crime scene and
takes the initial photographs. This is to ensure that image of the crime scene is recorded before any
opportunity occurs whereby the scene is disturbed.

Advantages:

a. Repository for Details

b. Basis for reports
c. Supplement to sketches and photographs
d. Documentary evidence

Purpose:
a. Basis for action at higher levels
b. Enables co-workers to take the next logical steps
c. Establishes validity of complaint and indicates general nature and magnitude of the case (prosecutive
action).
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Qualities of Notes:
a. Clarity/clearness – use of simple words
b. Accuracy/accurate – direct and certain
c. Brief/brevity – short and concise but complete
d. Specific – exactness of numbers, location, nature of case, etc.
e. It answers the cardinal principles of investigation.

2. SKETCHES, MAPS & DIAGRAMS AND CHARTS

SKETCH – is the simplest and most effective way of showing actual measurements and identifying significant
items evidence in their location at the scene. It is admissible if it is reasonably related and explanatory of the
testimony of the witness who drew it and used it to illustrate his testimony.

MAPS & DIAGRAMS – are admissible as evidence when they are reasonably necessary to understand the
testimony of witness/es and when a foundation of the accuracy is laid by the person who prepared the map or
diagram.

CHARTS – to show resemblance or statistics.

A. Kinds of Sketch:

1) Rough Sketch – prepared by the investigator at the scene of the crime.

2) Finished/final sketch – made primarily for courtroom presentation.

Query: Is the investigator allowed to have the rough sketch formalized by an artist?
Answer: Yes, provided it be under his supervision and direction.

B. Types of Sketches

1) Floor plan or bird’s eye view

2) Elevation Drawing
3) Exploded View

C. Classes of Sketches

1) Sketch to Locality – depicts the crime scene and its environment and roads leading to the location
or house/crime scene.

2) Sketch of Grounds – this pictures the scene of the crime and its nearest physical surroundings.

3) Sketch on Details – describes the immediate scene only. For example: the room in which the crime
happened and the details thereof.

D. Surveying Methods

1) Rectangular Coordinates – measurement at right angles from each two walls.

2) Triangulation Coordinates/Method – measurements made from each of two fixed objects to the
point where relevant pieces of evidence are, later on forming a triangle.

3) Polaris Coordinates – all fixed points of reference measured to the evidence.

4) Coordinates constructed on transecting base line – a stretched line from one fixed point of
reference extended to another fixed point, the evidence are measured aligned with the base line.

5) Compass Coordinates – a measuring device is stretched from one fix point of reference and the
compass is used to detect the degree or position of the evidence.

E. Elements or Parts of a Sketch and their significance

1) Title – brief narration or information about the incident, place, time, date committed, victims and the
investigating officer.
2) Time/date and weather condition – response time, condition of crime scene upon arrival.

3) North Compass Direction – an arrow pointing to the direction of the north – for orientation
purposes.

4) Essential Items or Details – particularity of relevant and material information.

5) Sketchers – identity and signature of sketcher/s.

6) Legend – identity/description of prominent objects described in the details.

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7) Scale of Proportion – portray the distances or measurement equivalence.

Note: Measurements must be accurate using appropriate standard measuring devices. Use of steps or
approximation must be avoided. Sketches are not substitute for notes or photographs, they are but a supplement to
them.

F. Rules in Sketching

1) Decide what to be sketched

2) Never forget the direction of the compass
3) Control all measurements. Do not rely on others to give the measurements
4) Sketch objects of relevancy
5) Use appropriate measuring devices
6) Make necessary corrections at the scene, never at the office
7) The scale must be drawn on the sketch, if not state it in the sketch
8) Always include the date, time and weather condition, degree of light, witnesses and the name of
the officers who prepared the sketch.

Reminder: Always keep the rough sketch for future reference.

CHAPTER VII

INTERVIEW AND INTERROGATION

Interview – is the questioning of a person believed to possess knowledge that is of official interest to the investigator.

* Importance of Interview : Interview in crime investigation is very important as the person interviewed usually gives
his account of an incident under investigation or offers information concerning a person being investigated in his own
manner and words.

Interrogation – is the questioning of a person suspected of having committed an offense or a person who is
reluctant to make a full disclosure of information in his possession which is pertinent to the investigation.

Criminal is Identified Traced & Located The facts providing his guilt
are gathered for court
presentation
1. Eyewitness testimony 1. Vanity or flight – betrays guilt 1. Relevancy of Evidence
2. Confession/admission * An investigator is no better than 2. Competency of Evidence
3. Circumstantial Evidence his information. 3. Corpus Delicti
a. Motive 2. Official & unofficial records * Factum probandum
b. Opportunity 3. Pedigree, social, business & * Factum Probans
c. Associative Evidence criminal history 4. Knowledge of Laws
d. Tracing Evidence 4. Modus Operandi 5. Legally obtained evidence
e. Rogues Gallery 5.Background Investigation 6. Fruits of a Poisonous tree
f. Portrait Parle 6. Surveillance
g. Cartography or artist’s 7. Associates/friends
sketch

IV. The Three (3) I’s of Criminal Investigation

Information – answers the Interview/interrogation – simple Instrumentation

question, who did it? questioning/ skillful questioning
Any knowledge the investigator 1. Witnesses & their 1. Use of Criminalistics
gathers abilities/educational qualifications * Technical Science
1. Records/files 2. Informers/informants * Scientific Science
a. Private documents 3. Victims/complainants 2. Significance of a Crime Scene
b. Public documents * Consider the constitutional 3. Physical Evidence
c. Official documents rights of the person 4.Requirements in the
d. Commercial documents * RA 4200 Admissibility of Evidence
2. Public spirited people * RA 7438 a. Relevancy and competency
3. Conscientious people * Miranda Doctrine b. Chain of custody of evidence
4. Knowledge obtained through *Self-incrimination
observations * Confession/Admission

A. Information: Sources are;

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 Complainant – is a person who requests that some action be taken.

 Informants – a person who gives information voluntarily to the investigator about a case and who may even
be willing to be a witness.
 Witness – a person who saw how the crime was committed or who may have some knowledge about the
case.
 Suspect – a person considered to be directly or indirectly connected with a crime, either by overt act or by
planning or directing it.

 Confidential informant – a person who provides confidential information concerning a past or projected
crime and does not wish to be known as the source of the information.

Characteristics of the Effective Interviewer/Interrogator

1. Adaptability – the ability to understand people from all walks of life, to meet them on their won level on varied
subjects and to adapt to their personalities and lifestyle.

2. Self-control and Patience – the act of being professional, sympathetic yet uninvolved, waiting for responses
while patiently leading the conversation and providing facts.

3. Confidence and Optimism - feel you are better education and thus must be in control of the interview.

4. Objectivity – Maintain your perspective on what is sought, avoiding pre-conceived ideas about the case.
5. Sensitivity to Individual Rights – Maintain a balance between the rights of others and those of society.
6. Knowledge of the Elements of the Crime – Know what information you need to prove the elements of the
crime you are investigating. Phrase questions to elicit information related to these elements.

B.1. Interview - the effectiveness of an investigator is largely dependent upon his ability to obtain information from
complainants, witnesses, informants, and suspects.

1. Building a case - elements of the case is established

2. Qualifications of the Interviewer

a. Rapport – good relationship between the interviewer and the subject

b. Personality – induce confidence by the strength of his character so that subject shall trust him.
c. Breadth of Interest – common or agreed topics

3. Stages of Interview – “ IRONIC”

“I” – Interview preparation – investigator acquaints himself to the case, prepares what he wants to
establish or know from the subject
“R” – Give the subject time to recall about the incident “Warm –up”
“O” – Opening statement
“N” – Narrative
“I” – Inquiry
“C” - Complement

4. Techniques in Questioning

a. One question at a time

b. Avoid an implied answer
c. Simplicity of questions
d. Saving face
e. “Yes” and “No” Questions
f. Positive Attitude

5. Techniques for Controlling Digression – rambling discourses

a. Precise questioning – restrict the range of information which the subject can give in an answer.
b. Shunting – technique of asking question which relates the digression to the original line of
questioning.
c. Skipping by guessing – questions of intervening details which is an act of anticipating conclusions
to skip probable outcome of the various stages of the subject’s recital.

6. Types of Interviews

d. Children – permission to interview children must be obtained from parents or guardians; determine
ability to discern.
(1) Boys – determine perception and intelligence, more on falsehood.
(2) Girls – intensely interested in the world as it reacts to her, observant to her young
neighbors.
e. Young persons – not ideal witness, they are ideally preoccupied.
f. Middle-aged persons –Ideal witness, they are keenly aware of his fellow beings.
g. Older Persons – Very effective witness, they add maturity to judgment.
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7. Types and Attitude of Subjects

a. Know-nothing type – reluctant to act as witness

b. Disinterested Type – uncooperative, indifferent person
c. Drunken Type – can be a good source of information because he is inspired of his own potent truth
serum.
d. Suspicious Type – fear in himself
e. Talkative Type – no track of message, needs channeling
f. Honest Witness – cooperative and gives useful information
g. Deceitful Witness – obviously a liar
h. Timid Witness – uneducated, “foreign-born”
i. Boastful, Egotistic or Egocentric Witness – Self-centered, an excellent witness only if the issue is
for himself but prone to color on other topics.

8. Direct and Indirect Questions

Logical Approach – is based on reason. Use logic to determine why the person refuses to cooperate
and to explain the benefits of cooperating. Explain the problems that result when people who know
about a crime do not cooperate.

Emotional Approach – addresses such negative feelings as hate, anger, greed, revenge, pride and
jealousy. You can increase these emotions or simply acknowledge them by explaining to the person
that “anyone else in the same situation would respond the same way.”

Direct Question – is to the point, allowing little possibility of misinterpretation. Use this type that come
right to the point.

Indirect Question – is a bit disguised and could elicit a variety of answers. Use this type of questioning
to those that skirt the basic question, sparingly.

Cognitive Interview – a method that calls for using a secluded, quiet place that is free of distractions
for the interview and encouraging subjects to speak slowly.

9. Evaluation

a. Physical Mannerisms – nervousness, evasive facial expressions, perspiration and similar signs
b. Frankness – truthfulness
c. Emotional state – reaction to questions
d. Content of statements – discrepancies and misrepresentations

B.2. Interrogations – premised on Public Safety and Humanity

Primary Objectives:

a. To ascertain the probability that the suspect is or is not the offender

b. To eliminate the innocent by eliciting information, evidence or behavior symptoms that indicates innocence.
c. To obtain a confession from the guilty and/or information from him or her about the involvement of other
persons.
d. To learn the identity of accomplices
e. To develop additional leads for the investigation
f. To discover the details of any other crime in which the suspect may have participated
g. To learn the existence and location of physical evidence such as documents or weapons.
Basic Consideration in Interrogation

1.Miranda Doctrine
2. Sec. 12, Art. III, 1987 Constitution
3. Sec. 17, Art. III, 1987 Constitution
4. Waiver in relation to Art. 125, RPC as amended
5. Waiver in relation to RA 7438
6. Using deception or misrepresentation during Interrogation is illegal
7. Turf of the interrogation
8. Use of Third-Degree Tactics – use of physical force, threats of force or other physical, mental or
psychological abuse – are illegal. Any information so obtained, including confessions, is inadmissible in
court.
9. Language

Qualifications and traits of the investigator :

1) General knowledge and Interest – must develop intellectual curiosity and keen observation
2) Alertness – constantly alert able to analyze subject accurately
 45

3) Perseverance – patience and decision & willingness to continue

4) Integrity – unquestionable personality; inspired confidence or trust
5) Logical Mind – objective and clearly defined intentions
6) Ability in Observation and Interpretations – able ness to observe and interpret reactions
7) Power of self control

Detection of Deception

1) Physiological Symptoms – emotional reactions are insight in determining guilty knowledge or deception.

> Generalities considered as guilty knowledge or conscience:

(a) Sweating
(b) Color changes
(c) Dry Mouth
(d) Pulse
(e) Breathing
(f) Uneasy movements like playing with fingers

2) Lie Detection or Polygraphy – records of several measurements on a visible graph. The polygraph
scientifically measures respiration and depth of breathing changes in the skin’s electrical resistance and
blood pressure and pulse. The person does not actually have to respond verbally for a polygraph to work
because the machine measures the mental and emotional responses regardless of whether the person
answers questions.

Pneumograph – measures respiration and depth of breathing

Galvanograph – measures changes in the skin’s electrical resistance.
Cardiograph – measures blood pressure and pulse rate

Admissions, Confessions and Written Statements

Admissions – contains some information concerning the elements of the crime but falls short of a full confession. It
is a self-incriminatory statement by the subject falling short of an acknowledgement of guilt.
Confessions – is information supporting the elements of the crime given by a person involved in committing the
crime; or the direct acknowledgement of committing the crime. Confession – is a direct acknowledgment of the truth
of the guilty fact as charged or of some essential part of the commission of the criminal act itself.
Requisites of a Valid Confession:

1. It must be in writing; it can be oral when done in open court.

2. Must be in the presence of a counsel
3. It must be free from any threats or coercion, in short must be voluntary
4. Must be under oath
5. Signed by the accused

Statement – is a legal narrative description of events related to a crime.

Deposition – is the testimony of a witness reduced to writing under oath or affirmation, before a person empowered
to administer oaths, in answer to interrogatories (questions) and cross interrogatories submitted by the parties.
Ordinarily it is an attorney who gets depositions.

 Effect of unsigned Statement.

 Not under oath statements.
 Effect of statements or affidavits not in form

Duress and Coercion

 Duress – imposition of restrictions on physical behavior (Ex. Prolonged detention, deprivation of food, sleep,
etc.
 Coercion - connotes the idea of physical force; application of illegal physical methods
 Psychological Constraint – Free action of the will may be unlawfully restrained by threats or other methods
of instilling fear.

Deception and Promises – No deception, promises, threats, tricks, or cajoling may be used to obtain from the
suspect a waiver of his rights.

 Trickery and Deception – deceit or defrauding styles

Ex. a) Informing the subject that his accomplice has confessed
b) Pretending that cogent evidence such as additional witnesses or documents exists.

 Employment of Promises
Example:
a) Release from Custody
b) Lighter sentence
c) Pardon, etc.
 46

Ham letting – forcibly taking any relative of a suspect in exchange for the surrender or appearance of suspect.
Includes coercive act of forcing people to transfer or vacate their place of abode.

Hypnosis and Truth Serums

Hypnosis – is used with crime victims and witnesses to crimes, not with suspects. It should be used only after
careful consultation with the person to be hypnotized and after a detailed review of the case as well as of the
subject’s mental and emotional condition. Subject must give a written consent, approval by the prosecutor’s office
and possibly the subject’s lawyer.

Truth Serums – are fast-acting barbiturates of the type used to produce sleep at the approximate level of surgical
anesthesia. The theory is that, the drug removes the person’s inhibitions so the person is more likely to tell the truth.
Commonly used drugs are the sodium amytol and sodium pentathol.

CHAPTER VIII

INVESTIGATIVE REPORT WRITING

I. Terminologies:

1. Investigative – to make an investigation (examination for the purpose of discovering information)

2. Report – to write an account, to tell about following an inquiry.
3. writing – a literary composition, book, article, inscription.
4. Investigative Report Writing – the correct preparation of a written communication for the purpose of
delivering a complete information about an event or incident.
5. Investigation Report (IR) - is an official written record of all pertinent information developed during an
investigation.

I1. Importance of Report Writing

2. Effective means of delivering information

3. Presents a chronological presentation of events
4. Documentary evidence
5. Delivery of two way communication process
6. Enable superiors to review the work of an investigator in order to note whether the investigation report is
properly developed.
7. To provide other investigators basis for continuing the investigation

III. Methods of Investigative Report

1. Written
2. Oral/spoken

IV. Classes of Report Writing

1. Extremely Formal – weighty language of scholars, of intellectual dissertation, of an impersonal documents.

2. Extremely Informal – is jazzy and often disrespectful, informality of slang.
3. Formal with an occasional informal touch/closer to the center of the two.

V. Five (5) Basic Steps in Report Writing (GROWE)

G- gather the facts – conduct thorough investigation, interview to witnesses and interrogate suspects;

R- record the facts – jot down in your notes relevant and material information, do not rely on your mind;

O- organize the facts – arrange the sequence of the incidents in an outline form;

W- write the report – use simple words to construct short sentences; group related ideas into one
paragraph.

E- evaluate the report – edit and proof read it, you may have misspelled or there may have been lapses in
the grammar construction.

a. Gather the facts – the patrolman being the first police officer to arrive at the scene, initiates only the basic process
of the investigation, such as:

1) Jotting down, the following:

(a) The name and address of the complainant/victim
(b) The nature of the complaint/information
© The name and address of witness/es, if any.

2) Keen observation and documenting the crime scene and surroundings, if possible.
 47

b. Record the facts – To record the facts the police officer will write in his notes, the following:

1) Time and date he arrived at the crime scene;

2) Name of witness/es and their address;
3) How he discovered the incident;
4) Identity of the victim (through documents available, if any)
5) Description of the victim;
6) Time/date, the Desk Officer was notified;
7) Time/date, the team leader of the investigating team arrived;
8) Name of the in-charge investigator; and
9) Time/date, the case was turned over to the investigator in-charge.

And will also conduct an exhaustive investigation, starting with the witness if victims was dead, search for
other witnesses, interview doctors at the hospital and the medical officer at the morgue to learn the cause of
death; seek information to identify more the victim, and search for voluminous facts to solve the case.

c. Organize the Facts

Paragraphing is the vital link in a well organize report. Hence, all facts which are related to a particular
situation will be presented chronologically in paragraph.
Presented hereunder are the three essentials of the narrative. It serves as a guide in paragraph construction
and sequence presentation of ideas;

Setting:
a. When? – Time and date of occurrence
b. Where? – Place of occurrence – crime scene
Characters:
a. Who? – Persons involved in the crime
Victim
Suspects
Witness
Action:
a. What?- Nature of Crime
b. Why?- Motive
c. How? – Modus Operandi

d. Writing the Report

They explained that when writing a reports, it must be simple, definite, specific and factual. In composition,
essay or other kinds of writing can be imaginary or inferred or can be optionated. Inference based on reasoning while
opinion is a personal beliefs. Its sentence structure can be long with nice beautiful, high-sounding words –flattering
but may mean nothing.

Example:
The victim lying on the ground is an unidentified female in her sweet sixteen, with an angelic face and
shapely body. IT is most unfortunate that he merciless killer stabbed her on her freshly blossoming breast.

On the other hand, a police report writing is written in a simplest declarative sentence styling . Its diction is
devoid of wordiness. One idea in one paragraph. It is factual.

Example:
The victim is female, about 16 years old, oval shape face, light-brown complexion, about 1051lbs.? about
5’2” tall. She was stabbed on her left breast by and unknown assailant.

e. Evaluate the Report

Evaluation of a police reports follow an integral ingredients and two procedures:

(1) Editing – the process of examining the content of the report.

(2) Proofreading – is scrutinizing the form of the report with respects to its mechanics. Clerical errors,
misspelled and others.

VI. Criteria/principles of Effective Report Writing

1. CLARITY – use of simple words/terms not high or impressive words that requires the reader to consult the
Webster.

Before you start to write, always decide what the exact purpose of your reporting; and make sure that every
paragraph, every sentence, every word, make a clear contribution to that purpose and make it at the right time.

How?
a. Avoid impressive expressions
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Big Words vs Simple Words

Magnitude Size
Accumulate Gather
Commence Begin

b. Avoid an unwitting language transfer

Example: He will give you a ring at past 5 p.m. ( the word “ring” causes ambiguity.

c. Avoid illiteracy – misuse of language

 Use of correct grammar
 Correct abbreviations
 Use of punctuations

Example: Use of their possessive pronoun:

1) From there – referring to a place

2. ACCURACY – precision, exactness as it serves the purpose.

Example: Ten (10) KIA, One Hundred (100) M-16 Armalite Rifles, Five Hundred (500) Armalite Live ammunitions.

3. BREVITY – avoid duplication/redundancy, short, concise. Saying much in few words.

Always have in mind a specific reader, either real or imaginary when you’re writing a report and always
assume that he is intelligent but uniformed. That the language used must be concise and there is shortness in
duration.
Example: “New” recruits; “True” facts; “True” lies; “were” as follows.

Wordy Brief

At a period of time when When

At this present writing Now
Due to the fact that Because
In this time and age Today

4. SPECIFICITY

Use language that is simple, definite, specific, accurate, factual and familiar. Make sure that you write the
essential ingredients of the report. Avoid too long discussion as long as you have the express the real incident in the
case.

Example: An automobile – this is wrong. It should be . . . 1990 Toyota Corolla colored red with license plate number
ABT 007.

5. ATTRACTIVITY

Make your report attractive (neat, clean and arranged/formatted), the reader will have an interest
looking/reading it.

6. PROPER FORM OF REPORT WRITING

a. Proper Capitalization
b. Proper Abbreviation
c. Proper punctuation
d. Proper Indention
e. Proper Spelling

7. It must be presented on Schedule – submitted promptly on time

Query: How to know police correspondence?

Answer: a. Correct English
b. Principles of effective report writing

Query: Why is there a need to learn correct English?

Answer: People will question our intelligence, and competence.

Query: How to improve knowledge of Good English?

Answer:
a. Admit your deficit in English
b. Exercising effort to improve your English grammar and writing.
 49

VII. CONSIDERATIONS IN THE PREPRATION OF AN INVESTIGATIVE REPORT

1. Sentence Structure

Sentence – a group of words having a subject and predicate expressing a complete thought.

Example: The suspect accused the arresting officer of kicking him.

a) Police Sentence – is the same as any common grammatically structured narrative sentence with the
usual subject, predicate and verb. The only deviation is the use of police words, phrases, and other
terminologies without being too technical, legal and vulgar.

b) Correctness in the Sentence – it is necessary to pay special attention to the key words:
 Verbs
 Pronouns
 Adjectives
 Adverbs

2. Selection and use of words

a) Vocabulary – a stock of words used in a language by a individual are in relation to a subject.

b) Dictation – means the correct choice of words though selecting the exact, precise, definite objectives
of words to convey a meaning.

3. Paragraph Construction

a) Paragraph – is a sentence or a group of properly related ideas or sentences expressing a single

idea.

b) Introductory Paragraph – is commonly the first paragraph in the investigative report which objective
is to readily point out the reader the main point.

Characteristics of a Paragraph:
(1) Write Short Paragraph – if the ideas are presented in similar units, the reader of the report can
easily follow the events from one sentence to another.

(2) Give your Reader a Rest – voluminous and exhaustive an investigative report maybe, if the
reporter can give his reader a period of rest.

(3) Recapture your Reader’s Attention – after giving a rest in between paragraphs he should not let
her/him asleep. Instead he must recaptured his interest

1. The Topic Sentence – is the first sentence immediately at the beginning of the next or ensuing
paragraph. Importantly, in investigative report

2. The Linking Word- in order to hold the attention of our readers, the order of presenting the ideas in
each paragraph must be in sequence. This is a complied by the use of linking words and phrases,
bridging the ideas of a previous paragraph wherein the reader can look back at the proceeding
sentence or forward to the forthcoming sentence of the next paragraph.

4. Spelling – spelling mistakes might cause your reader to think you’re careless or stupid. Correct spelling in
important not only for impression but also for accuracy. A misspelled name, for example may cause serious
problems in future investigation in the case.

5. Homonyms - is a word that sounds like another word but has a different meaning and spelling.
Ex. Aisle- a passageway between rows of seats / Isle- an island
Altar- a place of worship/ Alter- to change

6. Division of Words – technically, the improper division of words is not an error in spelling.
Nevertheless, a mistake committed makes the reader of there port confused with the impression that the word
has been misspelled
Ex. Sus- pect sui- cide mur - der

7. Capitalization and Numbers – some writers have the tendency to over capitalize the objectives to
emphasize.
Ex. This is a Case of Murder wherein the victim was Maria Malas, 23 years, single, Flight
Stewardess of the Philippine Airlines, residing at Calachuchi Road, Fairview Park, Quezon City.

NUMBERS- or numerals are used except at the beginning of a sentence

Ex. Sixteen prostitutes, whose ages were from 13-16 years were arrested by the police.
 50

8. Abbreviations - in order to conserve energies and space, the use of some abbreviations are allowed.
However clarity should not sacrificed for brevity and using abbreviations must confined only to those words of
common usages and widely accepted locally or internationally. However in actual report writing we limit the use
of abbreviation to titles, addresses, time and name of agencies referred to as initials.

Ex. We use e.g. to show examples

We use i.e. to make an explanation

9. Punctuations – is a customary little marks that determine whether a sentence is clear or has doubtful
meaning.

a. Aim of Punctuation - to make the report as clear as possible

b. Purposes of Punctuation are:
-To separate the written matter to sentence
-To subdivide into word groups.
-To let your reader know that you have written your report for his convenience

* Kinds of Punctuation

a) Period- use at the end of a declarative or an imperative sentence

b) Question Mark- use after a question or after that part of sentence which ask question

c) Exclamation Mark- use after an expression of surprise or strong feeling or emotion

d) Comma -used before coordinating conjunctions (and, but, or….) which joins two separate
independent clauses.

e) Semicolon- use between two independent clause of a compound sentence when conjunctions such
as and, but, not, for, yet, and so are omitted.

f) Colon- use to introduce a list or summarizing word, phrases or clauses.

g) Quotation Mark- use to set off the exact word spoken or written by other person.

h) Apostrophe – use to show possession

i) Parenthesis- use when numerals are placed in formal enumeration within the sentence

j) Hyphen- use with compound numbers

VII. KINDS OF INVESTIGATIVE REPORTS:

1. Spot Report or Incident Report – It must be prepared and submitted immediately after the preliminary
investigation of the incident had been done. It must briefly answer the cardinal principles of investigation. It shall
serve as information of the immediate senior officer of the unit for several purposes, such as:
a. His consumption for an intelligent and responsive decision or plan of action
b. Responses to inquiries by higher officers
c. Responses to inquiries from the media

2. Initial Investigation Report – It consist a brief narration of the facts of the incident answering the
cardinal principles of investigation and enumerating/identifying related found/collected pieces of evidence. It will
serve as basis for the incoming investigator to push through or continue with the investigation or follow – up of the
case.

3. Progress Investigation Report – It consist narrative reports of progress as a result of the continuing
process of investigation; it may or may not repeat what has been reported in the initial investigation report unless it
shall present a more detailed or references to the new established facts of the case. It shall have the following parts:

I. Authority: It contains the Complaint Number and Case Number (this is observed in bigger police
stations) ; or the Police Blotter Entry Number; or upon whose instructions the investigation has
been proceeded.

II. Matters Investigated or Matters to be Investigated – It shall state the nature of the offense,
identities of victim/s, their personal data and addresses, time and place of incident and the
identity/ies of the perpetrators, if known.

III. Facts of the Case – It shall state the essential narration of the facts and circumstances together
with related and competent testimonies and pieces of identified and marked physical evidences.
Status of victims, arrested suspects and evidences.
 51

IV. Discussion – It contains related laws violated that would probably establish a prima – facie case
against the accused and that complainant/victim has sufficient grounds to establish proof of the
accusation or complaint.

V. Summary/Findings – A concise findings as a result of the investigation premised on the

Discussion.

VI. Recommendations – It shall contain what the investigator believes the case must be after a
careful perusal of the facts, circumstances and evidence gathered.
Note:

Investigative Reports must contain the annexes identified in the report, such as:

a. Sworn Statement of victim or witnesses;

b. Affidavits of Witness/es or Arresting Officers
c. Arrest Reports, if any;
d. Receipts, if any;
e. Letter requests for referrals or examinations to other agencies;
f. Medico-legal Certificates or Death Certificate as the case maybe; and
g. Any other documents that has relation with the investigation of the case.

SWORN STATEMENT TAKING

1. Concept of Sworn Statement

One of the stages of an investigative process where the facts, incidents and circumstances are recalled and
narrated by a person who has personal knowledge surrounding the commission of the offense under
investigation. It serves as a permanent record.

Appropriate tools and related requirements are used by an investigator in order that justice prevails.

Sworn Statement – it is a narration of facts and circumstances surrounding the commission of a crime, the
declarant have knowledge thereof. The questions are propounded exhaustively and controlled by the
investigator in order to establish complete information the declarant has to say. All answers to the questions
must not be in an implied manner, meaning, the answer of “Yes” or “No” must be avoided.

Affidavit – is a narration of facts prepared by the Affiant himself of what he believes about an incident. This is
often considered self – serving meaning it is “one – sided” or beneficial only to the Affiant himself. To test
personal knowledge – the Affiant must be subjected to cross-examination before the court or any administrative
body that has jurisdiction over the case under scrutiny.

Deposition – It is information from a deponent in answer to interrogatories from both parties of the case under
the order of a court or body handling the case.

II. Significance of Sworn Statement

a. Narrative facts and circumstances

b. Establish the prohibited act
c. Presents the evidences and testimonies
d. It identifies the relief sought

III. Who are Real Parties in Interest?

They are the party who stands to be benefited in the suit or the party entitled to the avails of the suit.

a) Plaintiff (civil)/Complainant (criminal) – those having intent in the subject matter of the action or in obtaining
the relief demanded.

b) Defendant (civil)/Accused (criminal) – persons who claim an interest in the controversy necessary to
complete the determination or settlement of the questions involved therein.

IV. What is a complaint?

a. A sworn statement/affidavit
b. charging a person of an offense
c. subscribed by the offended party, any peace officer or other public officer charged with the enforcement of the
law violated.

Who can file a complaint?

a. Offended party
 52

b. Any peace officer

c. Other public officers charged with the enforcement of the law violated

Purposes of a complaint or information?

a. To inform the accused of the nature and cause of accusation against him.
b. To notify the accused of the criminal acts imputed to him so that he can duly prepare his defense.
Characteristics of a Sworn Statement:

a. It must be clear – use of simple and easily understood terms or words.

b. Accurate – exactness of descriptions; truth, fairness and consistent
c. Brief – concise but complete, unified and coherent facts
d. Specific – use of exact numbers, physical features, relevant, pertinent and material information
e. Chronological presented
f. Alignment, spacing, numbering, etc.
g. Good grammar construction

V. What is the constitutional requirement in taking Sworn Statements or Affidavits/Depositions?

a. Miranda Doctrine (Sec. 12, Art. III of the 1987 Phil. Constitution
b. RA No. 7438
c. Use of humane and good rapport
d. Appropriate dialect, language

VI. Sworn Statements Taking/Affidavits/Depositions, HOW?

a. Investigator taking down the sworn statement of the witness or victim must have a complete idea or information
about the facts of the case;

b. Establish an atmosphere of “breadth of interest”

c. Begin the investigation with an interview or preliminary conversation. The purpose is to determine whether or not
the witness has knowledge about the incident.

d. Questions using the Five (5) W’s and l H must not be limited to one or two questions when the situation requires
adapting several questions especially when the declarant appears to be giving a partial answer.

d. Questions must be exhaustive; meaning no cloud of doubt must be left unearthed.

e. Investigator must be guided with the different requisites or elements of the crime as basis for the questions to be
propounded.

f. Never ask the declarant vague and long questions.

g. The questions propounded must be sequential according to the chain of events the declarant has narrated.

h. Questions raised must be simple and in the dialect spoken and understood by the declarant.

i. Sometimes, intentional mistakes done by the investigator as an strategy is allowed in order that declarant shall
make the necessary corrections and consequently shall serve as proof that declarant has proofread it. This is allowed
provided no thoughts shall have been included except those that declarant has narrated.

j. The use of profane and deceiving tactics in the process is not allowed and must be avoided.

k. After the taking of the sworn statement, the declarant must be instructed to read his sworn statement and make
necessary corrections, if any. Sign it and to subscribe the same before an officer allowed by law to administer oath,
otherwise the sworn statement shall be considered a mere scratch of paper.

l. If a relative is around, the relative can sign as a witness to the taking of the sworn statement.

VII. Glossary

1. Admissibility – allowed by the rules because it is relevant and material.

2. Affidavit – personal narration of facts by an affiant
3. Alibi – claim that he was elsewhere at the time of crime
4. Annexes – attachments before it being presence in evidence
5. Burden of Proof – obligation to establish proof
6. Credibility – not wanting of any contrary; unobjectionable; it is evaluated after the evidence given
7. Competence – credibility of a witness based on his observation of the subject matter he is testifying about. It
determined before evidence is given.
8. Complaint – (SS, charging a person of an offense & subscribed)
9. Corpus Delicti – commonly termed as the body of the crime or the essential elements of the crime.
 53

10. Direct Evidence – evidence which is in itself, if true, conclusively establishes a fact in issue and directly
identifies the culprit.
11. Discernment – mental capacity to fully appreciate the consequences of an unlawful act.
12. Evidence – testimony, writings, material objects or other things presented to the senses that are offered to
prove the existence or non-existence of a fact.
13. Exhibits – all physical and documentary evidences offered and marked during trial
14. Facts or circumstances – these events or incidents
15. Identity – proof of a person’s identity as being the individual alleged in the accusatory pleading.
16. Material – if it is so important or substantial, properly influencing the outcome of the trial, directed to prove a
fact in issue.
17. Personal Knowledge – the test is recollection of what has been observed
18. Presumption – the inference of one fact from the existence of a related fact
19. Prima-facie Evidence – sufficient to establish truth
20. Proof – is the effect or result of evidence
21. Relevance – is the connection between a fact offered in evidence and the issue is proved. Establishes
probability or improbability.
22. Relief – what is prayed for (actual, exemplary, etc.)
23. Situs Delicti – (venue) place or area in which a crime was committed
24. Witness – a person who has information about the issue subject of investigation

COURT DUTIES

A. The Investigator’s Role in the Judicial Process

The ultimate goal of a criminal investigation is determining the truth – the facts that will establish the
innocence or guilt of people related to a crime. Here, as in all other phases of criminal investigation, objectivity,
accuracy and thoroughness are essential.

Investigators are responsible for preparing cases for court and presenting testimony in court. Their role is
critical in the quest for justice. From the receipt of the initial complaint to court appearance, investigators play a
key role in a criminal justice system.

B. Four (4) Areas of Concern for being a Good Witness:

 The quality and completeness of your original notes and report.

 The pretrial conference and deposition
 Courthouse behavior.
 Personal appearance and demeanor.

C. The Non-prosecution of Criminal Cases maybe cause by:

1. The complaint is invalid. (unfounded)

2. The prosecutor declines after reviewing the case.
3. The complainant refuses to prosecute.
4. The offender dies.
5. The offender is in prison or out of the country and cannot be returned.
6. No evidence or leads exist.
A. To prepare a case for Prosecution - To prosecute the case, more than “Probable
cause” is required. The prosecution must prove the case beyond a reasonable doubt the degree of proof
necessary to obtain a conviction. To do so, the prosecution must know what evidence can be introduced what
witnesses will testify, the strengths and weaknesses of the case and the typed of testimony police investigators
can supply.

1. Review and evaluate all evidence, positive and negative - Concentrate on proving the elements of the
crime and on establishing the offender’s identity.

2. Review all reports on the case – Review all written reports done during the completion of the
investigation.

3. Prepare Witnesses – Re - interview witnesses to refresh their memories. Read their previous statements
to them and ask if this is the evidence they will present in court.

4. Prepare the Final Report – It contains the:

a. The Complaint – Include a copy of the original complaint received by

the police dispatcher and complaint desk. This should include the date and time of the complaint,
location of the incident, brief details, times when officers were dispatched and the names of the
officers assigned to the initial call.
 54

b. The Preliminary Investigation Report – The report of the officer’s

initial investigation at the crime scene provides essential information on time of arrival, lighting and
weather conditions, what was observed at the scene and immediate and subsequent actions taken
by officers responding to the call.

c. Follow – up Reports – Assemble each contact and follow – up report

in chronological order, presenting the sequence of the investigation and the pattern used to follow
leads.

d. Statements, Admissions and Confessions – Include the statements of

all witnesses interviewed during the investigation. If written statements were not obtained, report
the results of oral interviews with witnesses.

e. Laboratory Reports – Assemble laboratory results in one segment of

the final report. Make recommendations on how these results relate to other areas of the report.

f. Photographs, Sketches and Drawings – Include photographs, sketches

and drawings of the crime scene to show conditions when officers arrived and what evidence was
available.

g. Summary of Negative Evidence – Include a summary of all negative

evidence developed during the investigation. Statements of witnesses claiming that the suspect
was elsewhere at the time of the crime are sometimes proved false, but the prosecution must
consider such statements and develop a defense. If information exists that the crime was
committed by the suspect but that it was done in self – defense or accidentally, state this in the
report. Include all recognizable weaknesses in proving the corpus delicti or the offender’s identity.

2. Hold a pre-trial conference with the prosecutor to

a. Review all the evidence
b. Discuss the strengths and weaknesses of the case
c. Discuss the probable line of questioning by the prosecutor and the defense

3. Final Preparations – Shortly before the trial, again review your notes and your
final report. Take with you only those notes you want to use in testifying. Check to be certain that the
physical evidence is being taken to the courtroom and will be available for the prosecuting attorney when
needed. Also make sure that laboratory technicians are available to appear when they are required

a. Know which courtroom you’ll be testifying.

b. Do not discuss anything about the case in public or where your conversation may be overheard.
c. Treat people with respect, as if they are the judge, or juror in your cases going to trial.
d. Do not discuss your personal life, official business, biases, prejudices, likes and dislikes or
controversial subjects in public.
e. Judges and attorneys have little patience with officers appearing in court late, so be on time.
Know when you will be expected to be called to testify.
f. Dress appropriately. Look businesslike and official. If in uniform, it should be clean, neat, and
complete. If not in uniform, a sport coat and slacks are as appropriate as a business suit.
g. Avoid contact with the defense counsel and any defense witnesses before the trial. Assume that
they will try to get you to say something about the case to their advantage.

F. Trial - The main participants in the trial are:

1. Judge – presides over the trial, rules on the admissibility of the evidence and procedures, keeps order in
the court, interprets the law and passes sentence if the defendant is found guilty.

2. Prosecutor – controls the prosecute of the criminal case and represent the state in prosecuting the law
violated.

3. Legal Counsel – presents the defense evidence before the court.

4. Complaining Witness (victim) – Testifies and establish proof that a law has been violated, there was an
intrusion to his/her constitutional rights and that the defendant is liable thereof.

5. Defendant – may or may not take the witness stand.

6. Witnesses –persons who present the facts personally known to them.

G. Sequence of a Criminal Trial – The trial begins with the case being called from the court docket. If both the
prosecution and the defense are ready, the case is presented before the court.

The sequence in a criminal trial is as follows:

1. Opening statements by the prosecution and the defense

2. Presentation of the prosecution’s case
 55

3. Presentation of the defense’s case

4. Closing statements by the prosecution and the defense
5. Judge deliberation to reach a verdict
6. Reading of the verdict (Acquittal or passing of sentence)

Direct Examination – is the initial questioning of a witness or defendant by the lawyer who is using the person’s
testimony to further his or her case.
Cross – Examination – is questioning by the opposing party for the purpose of assessing the validity of the testimony.

H. Testifying under Direct Examination – As witness, what is at stake is your credibility, professionalism,
competence, judgment, conduct in the field, adherence to official policies, observance of defendant’s rights and
knowledge.

1. Inadmissible statements are:

a) Opinion (unless the witness is qualified as an expert)

b) Hearsay
c) Privileged communication
d) Statements about character and reputation, including the defendant’s past criminal record.

2. Guidelines for Effective Testimony:

a) Speak clearly, firmly and with expression

b) Answer questions directly. Do not volunteer information.
c) Pause briefly before answering
d) Refer to your notes if you do not recall exact details
e) Admit calmly when you do not know an answer
f) Admit any mistakes you make in testifying
g) Avoid police jargon, sarcasm and humor
h) Tell the complete truth as you know it

What are nonverbal factors? – This pertains to the appearance, look and movements an officer appears in court,
this includes: dress, eye contact, posture, gestures, distance, mannerisms, rate of speech and tone of voice.

I. Strategies for Excelling as a Witness – Ten (10) Commandments of Courtroom Testimony:

1. Relax and be yourself
2. Answer only questions that are before you
3. Refer to your report only when allowed
4. Paint the scene just as it was
5. Be ready to explain why you are remembering details in court if they are not in your report.
6. Avoid jargon or unduly difficult language
7. Avoid sarcasm
8. Maintain your detachment
9. You don’t need to explain the law
10. Explanation of what you said is possible on rebuttal.

* Expert Testimony, must:

1. Present or prior employment in the specific field

2. Active membership in a professional group in the field
3. Research work in the field
4. An educational degree directly related to the field
5. Direct experience with the subject if not employed in the field
6. Papers, treaties or books published on the subject or teaching experience in it.

J. Testifying under Cross – Examination - Cross – examination is usually the most difficult part of testifying. The
defense attorney will attempt to cast doubt on your direct testimony in an effort to win an acquittal for the defendant.
During cross –examination the defense attorney might:

1. Be disarmingly friendly or intimidating rude

2. Attack your credibility and impartiality
3. Attack your investigative skill
4. Attempt to force contradictions or inconsistencies
5. Ask leading questions or deliberately misquote you
6. Ask for simple answer to a complex question
7. Use a rapid – fire questioning
8. Use the silent treatment

K. Concluding Your Testimony – Do not leave the stand until instructed to do so by the counsel or court. As you
leave the witness stand, do not pay special attention to the prosecution, defense counsel, or defendant. Return
immediately to your seat in the courtroom or leave the room if you have been sequestered. If you are told you may be
needed for further testimony, remain available. If told you are no longer needed, leave the courtroom and resume
your normal duties/activities. To remain gives the impression you have a special interest in the case.
 56

L. Summary

To prosecute or not to prosecute is often a question. Some cases are never prosecuted because the
complaint is invalid, it is exceptionally cleared, or no evidence or leads exist. If the decision is made to prosecute,
thorough preparation is required.

Checklist - Presenting the case in court

 Have all reports been reviewed?

 Have all reports been organized for presentation to the prosecutor?
 Has all evidence been located and made available for court presentation?
 Has all evidence been examined by competent laboratories and results obtained? Are copies of the reports
available?
 Have all known leads been developed?
 Have both negative and positive information been submitted to the prosecuting attorney?
 Has all arrest information been submitted?
 Has a list of witnesses been prepared? Addresses? Telephone Numbers?
 Has the final report been assembled? Are their copies of investigators’ reports? Photographs? Sketches?
Evidence? Lab reports? Medical Examiner reports? Statements? Confessions? Maps? All other pertinent
information?
 Has a pre-trial conference been held with the prosecutor’s office?
 Have all witnesses been reinterviewed? Notified of the date and time of the trial?
 Have all expert witnesses been notified of the date and time of the trial?
 Have arrangements been made to have the evidence taken to the court?
 Have notes needed for testimony been removed from your notebook?
 Is your personal appearance professional?

End

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Bennett, Wayne W. and Karen M. Hess. Criminal Investigation, Fifth Edition. West/
Wadsworth Publishing Company, a Division of International Thomson
Publishing Inc., USA, 1988.

Lapina, Diosdado G. Crime Investigation in the Philippine Setting: A Study for Criminology Students, PCCr,
Manila, Philippines. 1991.

Martin, Ruperto. Rules of Court of the Philippines. Volume V, Premium Book Store, Manila, Philippines.
 57

Saferstein, Richard. Criminalistics: An Introduction to Forensic Science. Printice-Hall Inc. Englewood Cliffs, N.J.
1981.

Sison, Carmelo V, Atty. Gisella N. Dizon-Reyes and Mr. Anzen P. Dy. Special Criminal Laws. Manila, 2006.

Sunico, Lorenzo A and Elliot B. Hansel. Forensic Chemistry Manual. Police Commission. Manila, Philippines

Tradio, Cirilo M. Handbook of Criminal Investigation. Central Law Book Publishing Co., Inc., 1982.

Walls, Hamish J. Forensic Science. London: Sweet and Maxwell Publishers, 1988 ed.

Manual on Scene of Crime Operation SOCO, PNP Crime Laboratory Service, Camp Crame, Quezon City, 1995.

PNP Investigative Manual. Directorate for Investigation, Camp Crame, Quezon City, 1992.

PNP Operational Procedures. Directorate for Investigation and Detective Management, Camp Crame, Quezon
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Police Science Manual. Crime Laboratory and Research Training Department, Fort Bonifacio, Makati City,
September 1995.