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Ulo C - Criminal Investigation and Intelligence - Uloc
Ulo C - Criminal Investigation and Intelligence - Uloc
Ulo C - Criminal Investigation and Intelligence - Uloc
WHAT IS
EVIDENCE?
Revised Rules on Evidence
Rule 128 Section 1
• Evidence defined:
Evidence is the means, sanctioned
by these rules, of ascertaining in a
judicial proceeding the truth
respecting a matter of fact.
To prove that a crime has been committed or establish
key elements of the crime.
Importance To link a suspect with the victim or with the crime scene
CIRCUMSTANTIAL EVIDENCE THE PROOF OF FACT OR FACTS FROM WHICH, TAKEN EITHER SINGLY OR COLLECTIVELY, THE EXISTENCE OF
(INDIRECT EVIDENCE). A PARTICULAR FACT IN DISPUTE MAY BE INFERRED AS A NECESSARY OR PROBABLE CONSEQUENCE.
HOWEVER, THE FOLLOWING REQUISITES MUST BE PRESENT BEFORE A CIRCUMSTANTIAL EVIDENCE WILL
BECOME SUFFICIENT FOR CONVICTION
There is more than one
circumstance;
Establishing a
Disputed Fact of an
Evidence
2. Conclusive Evidence - This evidence is incontrovertible or
one which the law does not allow to be contradicted. It is
insurmountable evidence.
• Ex: DNA – di pwedeng kontrahin
(present another evidence)
3. Corroborative Evidence - This evidence is of different
kind and character as that already given and tends to
prove the same proposition.
Testimonial or Documentary (CCTV)
Weight and
Acceptability of
an Evidence. 2.primary
Secondary or Substitutionary Evidence - This evidence is inferior to
evidence and admissible only in the absence of the latter. Ex:
Photocopy
1. Object Evidence (Physical Evidence) - This evidence is
addressed to the senses of the court and is capable of
being exhibited to be examined or viewed by the court.
This is also known as Autoptic Evidence or Real Evidence.
• Ex: Knife
Nature of an
Evidence
2. Documentary Evidence - This refers to evidence
supplied by written instruments or derived from
conventional symbols and letters by which ideas are
represented for material substances (Texts in Cellphone)
Category of Physical Evidence
1. Associative Evidence – Pieces of evidence which links a person to crime.
Ex: Weapon, tools, garments or foot impression, broken headlights in hit-and-run
cases.
2. Transient Evidence- evidence that by its nature can be easily changed or lost.
Ex: Temperature, odor, blood in the rain.
WHAT IS CORPUS DELICTI?
2. Positive Evidence - This evidence exists if the witness affirms that a fact did or did not occur, it is
entitled to greater weight since the witness represents his personal knowledge about the presence or
absence of a fact.
3. Negative Evidence - This evidence exists if the witness states the he did not see or know of the
occurrence of a fact and there is total disclaimer of personal knowledge.
Kinds of Testimonial Evidence
It is a testimony taken
orally with an attorney Generally taken under
asking questions and the oath, often signs
deponent (the individual affidavits attesting the Deposition is a
being questioned) accuracy of the testimonial Evidence
answering while a court subsequent printed
reporter or tape recorder transcript.
(or sometimes both)
records the testimony.
Quality of an Evidence.
1. Relevant Evidence
Evidence is relevant if it has relation to the fact in issue as to induce belief in
its existence or non-existence. Must have logical relation.
• EX: Shooting Incident (Firearm) Irrelevant: Shabu
2.Material Evidence.
This evidence tends to prove the fact in issue and is determined by the rules
of substantive law or the Rules of Court.
(May gustong patunayan – X Testifies the killing of Y) Immaterial: saw buying
firearm
COMPETENT EVIDENCE
is not excluded by the Rules, Statutes of the Constitution.
-katanggap-tanggap na evidence
Ex: Shooting evidence – CCTV footage (no law prohibit to pass this kind of evidence
Incompetent – Wire-Tap
Admissible Evidence
Evidence is admissible if it is relevant to the issue and is not excluded by the Rules of
Court.
Credible Evidence.
Evidence is credible if it is not only admissible evidence but also believable and used by
the court in deciding cases.
THE
CRIME
SCENE
First Responders
Incident proceed to the
crime scene
SUMMARY
Investigator on-case
Conduct of SOCO by
arrived at the crime
Crime Lab
scene
Investigator on-case
Check Crime Scene
before Cordon is
lifted
What is a Crime Scene?
a. Single Barrier Perimeter – for initial purposes. It does not provide a sufficient buffer for
long term scene effort.
b. Multi-level Containment – It involves two barriers which creates three areas of access.
1. Inner Scene – actual crime scene
2. Working Area – surrounding the inner scene
3. Outer Area – everything on the outside of the second barrier,
on-lookers and media may gather.
Kinds of Contamination
Control
Principle of Chain Custody
It is composed of:
• Team Leader
• Investigator/recorder
• Photographer
• Evidence custodian
• Composite Illustrator/ Artist [SJ
What is the Scene of the Crime Operations Team (SOCO Team)?
Pink blotter for WCPD to record all cases involving violence against
women and children and those cases involving a child in.
In answering the above 5Ws and 1H and the
Case Disposition, all such material details about
the incident, including the nature of the action
or offense; the Date, Time, and Place of
Occurrence; the names of the suspect/s, the
victim/s, the witness/es, if any; facts of the case;
significant circumstances that aggravate or
mitigate the event or the crime should be
entered along with the identity of the officer to
whom the case is assigned (Officer-on-case);
and, the status of the case.
Duties of the First Responder
• Proceed to the crime scene to validate the information received;
• Record the exact time of arrival and all pertinent data regarding the incident in his issued
pocket notebook and notify the TOC;
• Cordon off the area and secure the crime scene with a policeline or whatever available
material like ropes, straws or human as barricade to preserve its integrity;
• Check whether the situation still poses imminent danger and call for back up if necessary;
• Identify possible witnesses and conduct preliminary interview and ensure their
availability for the incoming investigator-on-case
• Arrest the suspect/s if around or in instances wherein the suspect/s is fleeing, make
appropriate notification for dragnet operations;
• Prepare to take the “Dying Declaration” of severely injured persons with the following
requisites:
• That death is imminent, and the declarant is conscious of that fact;
• That the declaration refers to the cause and surrounding circumstances of such death;
• That the declaration relates to facts which the victim is competent to testify to;
• That the declaration is offered in a case wherein the declarant’s death is
the subject of the inquiry. (Section 37, Rule 130 of the Rules of Court).
• CSI begins when the First Responders arrive and ends when the
Investigator on Case lifts the security cordon and releases the crime
scene (IOC).
What are the general
procedures in Get the Upon receipt
conducting CSI? number of of call/walk-in
victim/s; complainants
Get the
Duty Desk
nature of the
Officer shall:
incident;
1 2 3 4 5
Get the Isolate the Record what Wait for the If the suspect
arrested time the suspect investigator to volunteers any
names of suspect/s and was arrested. interview the statement, take
the persons separate them suspect. note of the time,
who turned- from any location and
probable witness circumstances of
over or of the incident. the statements.
arrested the
suspect.
Investigation Procedure at the Crime Scene
Upon arrival at the crime scene
Only a coroner or a medical examiner shall remove the dead body unless unusual
circumstances justify its immediate removal.
• Identify and retain for questioning the person who first notified the
police, and other possible witnesses.
• o Determine the assailant through inquiry or observe him if his
identity is immediately apparent. Arrest him if he is still in the vicinity.
• o Separate witnesses in order to get independent statements
Recording
• You should give particular attention to fragile evidence that may be destroyed or
contaminated if it is not collected when discovered.
• If any doubt exists as to the value of an item, treat it as evidence until proven
otherwise.
• Ensure that the item or area where latent fingerprints may be present is closely
examined and that action is taken to develop the prints.
• Carefully protect any impression of evidentiary value in surfaces conducive to
making casts or molds. If possible, photograph the impression and make a cast or
mold.
• Note stains, spots and pools of liquid within the scene and treat them as evidence.
• Treat as evidence all other items, such as hairs, fibers, and earth particles foreign
to the area in which they are found; for example, matter found under the victim’s
fingerprints.
• Proceed systematically and uninterruptedly to the conclusion of the processing of
the scene. The search for evidence is initially completed when, after a thorough
examination of the scene, the rough sketch, necessary photograph and
investigative notes have been completed and the investigator has returned to the
point from which the search began.
• Further search may be necessary after the evidence and the statements obtained
have been evaluated.
• In large outdoor areas, it is advisable to divide the area into strips about four
(4) feet wide. The policeman may first search the strip on his left as he faces
the scene and then the adjoining strips.
• After completing the search of the scene, the investigator examines the object
or person attacked by the offender. For example, a ripped safe, a desk drawer
that has been pried open or a room from which items has been stolen, would
be processed after the remainder of the scene has been examined for traces
of the offender.
• In a homicide case, the position of the victim should be outlined with
a chalk or any other suitable material before the body is removed
from the scene. If the victim has been pronounced dead by a doctor
or is obviously dead, it is usually advisable to examine the body, the
clothing and the area under the body after the remainder of the
scene has been searched. This is to enable the policeman/investigator
to evaluate all objects of special interest in the light of all other
evidence found at the scene.
This is accomplished after the search is completed, the
rough sketch finished, and photographs taken. Fragile
evidence should be collected as they are found. All
firearms (FAs) found to have tampered serial numbers
(SNs) shall be automatically subjected to macro etching
at the Philippine National Police Crime Laboratory
(PNP-CL). A corresponding request to the Firearms and
Explosive Office (FEO) must be made for verification
Collection of purposes.
Evidence
The investigator places his initials, the date and time of
discovery on each item of evidence for proper
identification. Items that could not be marked should
be placed in a suitable container and sealed.
• Any physical evidence obtained must be
marked or tagged before its submission to
the evidence custodian.
• All collected evidence can only be released upon order of the court or
prosecutor, as the case maybe.
Searching The Crime
Scene
• It's a methodical approach used by the SOCO
What is a Team and the IOC (Investigator-on-Case)
while conducting searches at the crime
Crime Scene scene and in the surrounding regions where
Search? the alleged crime/incident/event occurred in
order to locate and collect evidence.
What are several Crime Search Methods?
Double Strip or Grid Method
• Title
It refers to the crime or occurrences such as a vehicle accident, murder,
drowning, rape and others.
• Body.
It refers to an appropriate drawing to include the victim's position and
other things on the scene of crime. o Proper measurements of item
distances in the crime scene are included.
• Compass Direction (Orientation)
• o It refers to the conventional arrow for the north.
• Determine where the sun rises to the east to locate the north without
a compass. Facing east, the north is your left
• side
• Nature of Case.
The state of the case relates to whether it has been committed at now
or days after its discovery.
• Location of Incident.
It refers to the pace where the incident happened.
• Date and Time of Incident.
The precise time and date of the event is indicated. This may be
collected through interviews with eyewitnesses and other local people.
• Name of Victim.
This is the sketch section where the victim's name is written.
• Name of Suspect.
This refers to the sketch section where the suspect's name is written.
• Measurements
This is a sketch element in which measurements are provided in the
drawing to indicate precise spaces and distances to their point of
reference.
• Essential Items
All objects must be included in the scenario. Never determine clearly that
some things are unimportant. These apparently unimportant things will
become significant or substantial in the inquiry as you continue with the
investigation.
• Scale of Proportion.
• It's the final sketch part. It is the key to the real size or dimensions on scene
of the completed drawing. The 1:50 scale implies that in the real scene
measurement one inch in the sketch measurement is 50 inches.
• Legend.
This is typically positioned at the bottom of the drawing outside the
scene sketch.
Numbers represent the objects in the crime or letters in order not to
unnecessarily crowd the graphic presentation. Their descriptions are
found in the legend
This is the kind of drawing that depicts the crime scene with its
immediate physical surroundings, such as the room next or opposite
the crime scene, the number of floors of a building or home, the yard,
and other natural structures
• Sketch of Details
It contains the positions and precise locations of the physical evidence
at the crime scene. It simply specifies the immediate scene, such as the
room where the crime was committed and the specifics of the things in
the room.
• Exploded View/Cross Projection
It also only defines the local area, particularly within a room as the
crime scene. The chamber is modelled like a cardboard box, with the
sides and lid crushed to the same plane as the bottom. The bottom
represents the floor, the four sides represent the walls, and the cover
represents the ceiling. The evidence discovered on the floor, walls, and
ceilings is represented or sketched with corresponding dimensions and
reference points, such as gunshot holes, blood splatters, and other
important data.
What The Types of Reference Points for Sketches?
• Rectangular coordinates method
• o a sketching method that
involves measuring the distance
• of an object from two fixed lines
at right angles to each
• other.
Triangulation method
A sketching method that makes measurements along from a single reference line, called a baseline, which
can be established by using a length of string, chalk line, or some other convenient means.
Compass point method
• a sketching method that requires
a protractor or some method of
measuring angles between two
lines.
• One point is selected as the
origin and a line extending
• from the origin becomes an axis
from which the angles can be
measured.
Collection, Marking and
Tagging of Evidence
Collection of liquid blood:
• Take sample of head hair from the top, the back and each side of the
head.
• Take by combing, pulling or cutting close to it.
• Take at least a dozen of hair from each location. In rape cases, take
two samples from both the victims and the suspect. The first is taken
by combing, and the second is by cutting and pulling.
• Each of these samples should be collected in separate containers and
properly labeled
• Identify hair carefully as to exact location found.
• Do not mix hair found in several locations.
• Place the hair in folded paper and put it in an envelope in glass vial
and seal.
• Do not tape the hair to an object as it will alter the hair and destroys
any debris adhering to it
Collection of Fingernail or Fingernail
Scrapings:
• Clean each fingernail with a clean fingernail file.
• Place the scraping from each finger on already labeled paper with
notation of which finger it came from.
• Place the scrapings from each finger in a separate envelope or glass
vial.
• Fingernail scrapings should be obtained from both the victim and the
suspect.
• If the subject's hand is contaminated with blood, note this on the
container
Three types of Fingerprints that can be found
in a Crime Scene
1. Latent Fingerprint – are made of several sweat and on the oil skin.
Invisible to the naked eye. Basic powder technique will be
employed.
• In hit and run cases, collect all broken glasses to ensure the possibility
of a physical match, should fragments be found on suspect' s vehicle.
Collection of firearm:
• Allow any stains to air dry, wrap in paper, and package evidence in
paper bags. Do not use plastic bags.
• In cases where the crime scene needs special processing due to its
significance or because of its sensational nature, the Scene of the
Crime Operation (SOCO) specialists of the Crime Laboratory shall be
requested.