CHAPTER j, | OBJECT EVIDENC, y | Learning Objectives By the end of this chapter, the student should be able to: 1, determine what object evidence are; 2, distinguish among the categories of object evidence and give examples of objer, evidence under each category; explain the importance of DNA evidence and the judicial procedure concerning DN4 testing and authentication of DNA evidence; 4, explain the “chain of custody” rule and how this rule is applied to cases involving illegal drugs; and 5. describe the evidentiary value of specific evidence commonly used in criminal cases, Introduction In an adversarial justice system, parties present evidence that becomes the basis for the courts’ decisions. As can be expected, parties choose which evidence will be brought before the courts, depending on whether the evidence will bolster or break their case. Becaiuse this behavior can be expected from litigants, the challenge for law enforcers is to find evidence that will help shed light on the truth without prejudice or bias, : Object evidence, which can be observed through the use of our five senses, is a neutral Source of information. They do not intrinsically favor any Party, as their existence and Condition are results of actual occurrences. It is a superior form of evidence in this regard, and as such, can bé helpful to law enforcers who aim to accurately establish the facts, In Chapter II, we learned the Tules of procedure on the admissibility of evidence and the presentation of different kinds of evidence in court. In this chapter, we dive deeper into the rules on object evidence and explore particular cases where Specific object evidence is used in court. 82LESSON 6: a eeeeeeeeeeSeSeSsSsasae Object Evidence In ti In this lesson, we deepen our appreciation for object evidence by learning about its different categories, as well as the particular examples of ; Paraffin te it analysis, and marked money. pe eee Purpose of Object Evidence ‘As we have learned in Chapter I, object evidence is evidence addressed to the senses of the court: sight, smell, sound, taste, and touch. Ifa thing, whether real or personal, can be seen, smelled, heard, tasted, and felt, and it is offered for a purpose other than proving its contents, then itis an object evidence. However, if the evidence is offered for the purpose of its contents, then it becomes documentary instead of object evidence. ; For instance, if a victim's ring is offered as evidence that the ring was stolen, then it is object evidence. On the other hand, if the victim’s ring is offered as evidence of the romantic relationship between the victim and the accused because the ring is inscribed with the victim's and the accused’s names, then it is documentary evidence. In sum, the purpose of evidence determines whether an object is an object or documentary evidence. Objects offered not as proof of their contents are object evidence. ‘Weight of Object Evidence Physical or object evidence is evidence of the highest order. It speaks more eloquently than a hundred witnesses. Physical evidence is a mute but eloguent manifestation of truth, and it ranks high in our hierarchy of trustworthy evidence. In criminal cases such as murder or rape where the accused stands to lose his liberty iffound guilty, [he Supreme Court] has, in ‘many occasions relied principally upon physical evidence in ascertaining the truth [Where the physical evidence on record ran counter fo fe testimonial evidence ofthe prosecution witnesses, we ruled that the physical evidence should prevail Objector physical evidence enjoys the highest ranking in the hierarchy of trustworthy evidence because they demonstrate the facts they are related to, independent of the interests ofthe partis to the case. This demonstration can be examined first-hand by the court and thus can be very persuasive. Ina rape case, DNA evidence ofthe accused's semen collected CHAPTER I Object Evidence 83from the victim’s genitals demonstrates to the courts the high likelihood or even Cettaiy ofimercourse between the two and can be deemed more reliable than a witness's testy? "y, Because object evidence is mute and its collection docs not require the express Noy of human intelligence, its admissibility eannot be opposed based on the right againgy incrimination. The right against self-incrimination guaranteed under the Constitution, ‘nil protects against compulsions upon the accused to provide testimonial evidence of guiy " other words, this right covers incriminating statements but excludes object evidence, Thus the courts may order the collection of samples from the accused, such as fingerprins gy! saliva. Fingerprints, saliva, and other biological specimen are examples of object CVidencg Categories of Object Evidence We discussed in Chapter I! that object evidenee is offered verbally after the testimony of witnesses. This is because witnesses must first authenticate the object before it is offeeg as evidence to the court. For purposes of authentication of an object or for laying thy foundation for the exhibit, object evidence may be classified into the following: 1. Unique objects — objects that have readily identifiable marks; 2. Objects made unique — objects that are made readily identifiable; and 3. Non-unique objects — objects with no identifying marks and cannot be marked. Ina case for carnapping, the identification of the stolen vehicle is critical to prove the offense. The motor and chassis, which have readily identifiable marks (ie., the motor and chassis numbers), must be presented in court to identify the vehicle. The motor and chassis ‘numbers of the vehicle only appear on the particular motor and chassis of the stolen vehicle, and they are what make the stolen vehicle a unique object In a case for drug trafficking, the seized packets of shabu, by themselves, aré not unique. Shabu in one drug case can look identical or similar to the shabu in another drug case, However, once the packets of shabu are seized and placed in a container with markings like the case number, the date and place when they were seized, arid the persons they were seized from, the substances are made readily identifiable with the distinguishing marks, Marked substances are therefore objects made unique. Non-unique objects are objects that are generic and have no distinguishing marks and features, For instance, in a murder case, the murder weapons could be a commercially ‘manufactured kitchen knife or an icepick with a common design. In their unaltered state, there would be no way to distinguish the murder weapons from another kitchen knife or icepick from the same manufacturer. ; 84 EVIDENCE GhSpecific Examples of Obicct Evidence Paraffin Cast ‘When a person discharges a firearm, the explosive action scatters particles from the firearm inthe air, and these particles may attach themselves to nearby objects. Paraffin or dermal nittate test determines the presence of gunshot residue onthe hands of an accused who is alleged to have discharged a firearm. Paraffin wax is applied to the back of the accused's hands, and the cooled wax is peeled off. The cooled wax is what is called the “paraffin cast” A chemical reagent is then applied to the paraffin cast Parts of the cast where there are nitrate or nitrite from the cartridge discharge turn blue. Courts and scientific experts do not place great reliance upon paraffin tests. Although paraffin tests tell us whether there are nitrates or nitrites on the hand, they do not explaia where the nitrates or nitrates came from. Nitrates or nitrites, for instance, are also used in fertilizers, and the accused may have simiply been planting in the backyard. The presence of nitrates should be taken only as an indication of a possibility or even of a probability but not of infallibility that a person has fired a gun since nitrates are also admittedly found in substances other than gunpowder. In the same vein, paraffin tests do not explain the absence of nitrates or nitrites. In the inverse situation where gunpowder residue is not detected in the accused’s hands, the paraffin test results do not automatically absolve the accused for any liability. The absence of nitrates or nitrites in the accused's hands despite discharging a firearm maybe caused by the following: wearing of gloves, perspiration of the hands, wind direction, wind velocity, humidity, climate conditions, the length of the barrel of the firearm, or the open or closed trigger guard of the firearm. Hence, the results of paraffin tests are hardly conclusive and are at best corroborative evidence. pris Good police work necessitates checking the crime scene forall teltale signs left by the perpetrators. These signs include the fingerprints of the perpetrators. For a very long time, law enforcers and courts used fingerprint analysis as trustworthy evidence because they are unique to all persons, even to identical twins who share the same DNA. However, the reliability of fingerprints as evidence has faced challenges. In particular, the courts do not automatically acquit the accused when a negative finding for fingerprints (ie, the crime scene is clear for any fingerprint of the accused) is presented as conclusive evidence that the accused was nowhere near the crime scene. The absence of CHAPTER II Object Evidence 85B latent Fingerprints of the accused on the erime scene does not immediately liminate y Possibility that the accused could have been atthe crime scene, There could be other Io, Bi explanations for the absence of identifiable latent prints, like the accused wearing glove, the wiping off or removal of the prints, Soy Marked Mone, In entrapment operations, law enforcers may use marked money or boodle money with fluorescent Powder. The hands of the accused are then tested for the Presence of the fluorescent powder to prove that they received the marked money. Although the application of fluorescent powder is commonly done, it is not required under any rule. In fact, the failure of the police operatives to use fluorescent powder on the boodle money is not an indication that the entrapment operation did not take place." Marked money recovered ina buy. bust operation When marked money is to be used as object evidence, it must be presented in court be addressed to the senses of the court. However, when the existence of the marked Money is not disputed by the parties,? and the parties agree that from the comparison of the marked money to photocopies oft, the latter appear tobe faithful reproductions ofthe former, they the photocopies may be presented. oll Tes Despite the frequent depiction in movies: of suspects undergoing lie detector tests during an investigation, results of these tests are frequently rejected by the courts as evidence of guilt. Polygraph testing has not yet attained scientific acceptance as a reliable and accurate means of ascertaining truth or deception? E; les bj e 1, Gasoline or any fire instrument used in setting fire for the crime of Arson 2. — Scalpels, abortive pills, medical equipment, and facilities used for: the crime of abortion 3. _ Pistol used in shooting the victim and knife or any pointed object used in stabbing for the crime of murder, parricide, or homicide "P02 Jessie Flores v. People of the Philippines, G.R. No. 222861, 23 April 2018, Supra Please see People ofthe Philipines v. Jaime Carpo; et al, G.R. No. 132676, 4 April 2001 86 EVIDENCE. Intheft i 4oodn sos robbery, fencing, carnapping, or piracy, the picklocks, false keys, and similar tools and the stolen object if recovered The subj 7 5. The subject dangerous or illegal drug recovered for violation of Republic Act No. 9165 Th ; * li cae Phone, plastic bag, plastic sachet, tooter, aluminum fil strips, disposable ie ene scales, and other drug paraphernalia under Sec. 12 of Republic Act & ie ae cards and other gambling paraphernalia in violation of Presidential Decree 8 Any physical equipment used in the crime of falsification of public documents 9. The clothing used by the offender in committing the crime 10, The bloodstains found on the body of the victim Or any object which corroborates ot illustrates the victim's testimony like healed lacerations to corroborate the testimony of a rape victim 12. A person's appearance, if relevant, is admissible as object evidence 13. Explosives and explosive devices such as ammonium nitrate or any object used for the manufacture of explosives under Republic Act No. 8294 14. The desktop computer and the internet broadband connector used in human trafficking PRACTICE Below are objects that may be offered as evidence in criminal actions. Indicate whether these objects are unique, made unique, or non-unique. Write your answer in the blanks before the numbers. 1. Recovered stolen locket with.a family crest 2, Exhumed cadaver ofa victim atthe scene of the erime 3. Used bullet shells recovered at the scene of the crime 4. Rooster in illegal cockfighting : 5. Anestablishment set on fire KEEP.IN MIND Object evidence is a highly eiable source of information. Because object evidence can persuade the court of a party’s cas, law enforcers tasked with their collection must observe care and caution in handling the objects. Law enforcers must preserve the objects CHAPTERI Object Evi 87and follow the pertinent rules so that the objects may eventually be properly Presenteg the court’s inspection and appreciation. f SUMMARY * Objects offered not as proof of their contents are object evidence. * Object or physical evidence enjoys» high ranking in the hierarchy of trusty evidence. my * — Unique objects are objects that have teadily identifiable marks. Objects Made unig, are objects that are made Teadily identifiable. Non-unique objects are objects With p identifying marks and cannot be marked, 88 = EVIDENCE