Chapter 13 Legal Aspects of Firearm Examiner in Court
Chapter 13 Legal Aspects of Firearm Examiner in Court
IN COURT
Witness and their Qualifications (Sec. 20, Rule 130, Rules of Admissibility)
All persons who can perceive, and perceiving can make known their perception to others
may be a witness.
Religious or political belief, interest in the outcome of the case or conviction of a crime
unless otherwise provided by law shall not be ground for disqualification.
Disqualification by Reason of Mental Incapacity or Immaturity (Sec. 21, Rule 130, Rules of
Admissibility)
1. Those whose mental conditions at the time of their production for examination is such
that they are incapable of intelligently making known their perception to others;
2. Children whose mental maturity is such as to render them incapable of perceiving the
facts respecting which they are examined and relating them truthfully.
During their marriage, neither the husband nor the wife may testify for or against the
other without the consent of the affected spouse, except in a civil case by one against the other.
Opinion of Expert Witness – The opinion of an expert witness on a matter requiring special
knowledge, skill, experience or training which he is shown to possess, may be received in as
evidence.
Opinion of Ordinary Witness – The opinion of ordinary witness for which proper basis is
given, may be received in evidence regarding:
1. The identity of a person about whom he has adequate knowledge;
2. A handwriting with which he has sufficient familiarity;
3. The mental sanity of a person with whom he is sufficiently acquainted.
The witness may also testify on his impression of the emotion, behavior, condition or
appearance of a person.
Section 3, Rights and Obligations of a Witness – A witness must answer questions although
his answer may tend to establish a claim against him. However, it is the right of a witness to:
1. To be protected from irrelevant, improper, insulting questions and from harsh or insulting
demeanor,
2. Not to be detained longer than the interest of justice requires;
3. Not to be examined except only as to matters pertinent to the issue.
4. Not to give an answer which will tend to subject him to a penalty for an offense unless
otherwise provided by law; or,
5. Not to give an answer which will tend to degrade his reputation, unless it be to the very
fact at issue or to a fact from answer to the fact of his previous final conviction for an
offense.
Section 5, Direct Examination – is the examination of a witness by the party presenting him on
the facts relevant to the issue.
Section 6, Cross - Examination; its purpose and extent – Upon the termination of the direct
examination, the witness may be cross-examined by the adverse party as to any matters stated in
the direct examination or connected therewith.
Section 7, Re-Direct - Examination; its purpose and extent – After the cross – examination of
the witness has been concluded, he may be re-examined by the party calling him to explain or
supplement his answers given during the cross- examination.
Section 8, Re-Cross – Examination – Upon the conclusion of the re-direct examination, the
adverse party may re-cross-examine the witness on matters stated in his re-direct examination,
and also on such matters as may be allowed by the court in its discretion.
Sample of a Script
For an Investigator Testifying in Court
1. Direct Examination - The purpose of direct examination is to establish the facts that the
crime of homicide was committed.
Prosecution... Your honor the purpose of the testimony of the witness, is to prove that the
physical evidences; one caliber .38 revolver, one bullet and one cartridge case were recovered
from the crime scene. This is in relation to homicide case that we are handling.
1Q. Mr. Witness, please state your name, address, status and other personal circumstances.
A. I am P/MSGT Pedro S. Penduco, 29 years of age, married and residing at 232 Pardo, Cauayan
City.
A. Seven years.
4Q. What is your educational attainment and training, if you have any, with respect to the
homicide cases?
A. I am a registered criminologist. I have attended various seminars relative to homicide
investigation. I have also received special training on criminal investigation and detection course
at Philippine Public Safety College, Cauayan City.
5Q. In connection with investigation of homicide cases, how many firearms involved in a
homicide case, you have already recovered?
6Q. What evidences you have recovered, in- connection with this particular homicide case?
A. I have recovered one caliber .38 Smith and Wesson homemade revolver, one fired bullet and
one fired shell.
7Q. Showing to you this caliber .38 revolver, what is the relation of this evidence to the present
homicide case?
A. This is the caliber .38 revolver, I found at the scene of the crime.
8Q. How do you know that, that is the same revolver, you have found at the crime scene?
A. Because I recognized the marks that I made, on the revolver after I found it, and there is my
secret marking engraved in the revolver.
Prosecutor... May I request your honor that the evidence identified by the witness, be mark as
exhibit "A".
9Q. After you have recovered these evidences, what was your next move?
A. I made notes regarding the make and type of the revolver, and also its location and condition,
in my small notebook that I carried for that purposes.
A. At Legaspi Street corner Manalili Street, Cauayan City, near the Bucagay Store.
13Q. Where was the body of the deceased, when you found the revolver?
A. It was still in the crime scene, around 2 feet near the Bucagay Store..
14Q. What is the model, type and serial number of the revolver that you recover?
A. Model Smith and Wesson, homemade revolver and serial number 123456.
15Q. Aside from the firearm you recovered, what else, you recovered from the crime scene?
19Q. How far the bullet from the body of the deceased, when you find it?
20Q. After you recovered the bullet, what did you do next?
A. I marked it with my initial at the base of the fired bullet, at the time I found it. I place it inside
the envelope and jotted down on the envelope my name, the date, and the place where I found
the bullet.
21Q.S..howing to you this bullet, is this the bullet you recovered from the crime scene? Please
examine.
22Q.Mr. witness, how about the shell, where did you find it?
A. I found it in the cylinder of the revolver.
23Q. Showing to you this shell, Mr. witness, is this the shell you recovered from the cylinder?
Please examine.
24Q. Yes sir, that is the shell I found in the cylinder.
Prosecution. May I request your honor that the . evidence shell be mark as exhibit "C".
Prosecution... Aside from the shell you recover in the cylinder, what else you found in the
cylinder of the revolver?
A. None sir.
26Q. What did you do with these bullet and shell, after you found it and marked at the crime
scene?
A. I took and carried it, along with the revolver and the other evidence I found at the crime scene
and bring it to the homicide section.
27Q. What did you do with this revolver, bullet and shell when you returned to the homicide
section?
A. I prepare a letter request address to the Regional Chief of Crime Laboratory, for the purpose
of determining whether the evidence bullet and shell were fired from caliber .38 revolver.
29Q. Whose custody these items remain, before you delivered to the crime laboratory?
A. They remained in may custody until I delivered them to the crime laboratory.
30Q.Who received the revolver, bullet and the shell, that you turn over?
31Q.After you have turn over the evidences and was received, what did P/CPL Juan G. Domingo
do?
A. He checked the evidences, then he give me a receipt. The receipt is the file copy itself
stamped and filled up of the time and date received and the name of PCPL Juan G. Domingo and
then signed by him.
32Q.Showing to you this receipt, is this the receipt you are referring to? Please examine.
33Q.There is signature appearing on the receipt, whose signature is this? Please examine.
Prosecution... May I request your honor that the receipt itself, as well as the signature appearing
in the receipt, be mark as exhibit "D" and "E" respectively.
NOTE: The purpose of cross examination is to destroy the established fact during the testimony
of the witness.
Judge... Proceed.
1Q. P/MSGT Penduco, how come, that you know that there was a shooting incident on Nov. 1,
2022?
A. There was a concern citizen who called up thru telephone, informing us about the shooting
incident.
2Q. When was that, Mr. witness?
3Q. Who is your companion when you responded to the crime scene?
A. The driver of the Patrol car and one personnel from homicide section.
4Q. In your testimony Mr. witness, you said that you are the one who mark the revolver, bullet
and the shell, do you mean to say that they did not assist you in collecting the physical evidence?
A. They assist me in locating the physical evidence, but I was the one who mark it because, I will
be the one to testify in court.
5Q. In the crime scene Mr. witness, were you able to pick up the suspect?
A. Yes, Sir.
A. Yes sir. But the question is limited only to the personal question, I did not ask him about the
crime, because it needs already the assistance of a counsel.
A. Thru her identification card and she is the live-in partner of the suspect.
9Q. How many days before the case was filed in court Mr. witness?
10Q. It elapsed already the reglementary period Mr. witness, that's an arbitrary detention already
under Art. 100 of the Revised Penal Code. What is your reason Mr. witness, why it happen like
this?
A. Because the accused James signed a waiver of detention and his waiver of detention already
expired, that's why, I filed the homicide case.
11Q. Would you entertain an idea Mr. witness that the gun recover in the crime scene, is not the
gun use in the commission of crimes?
A. I have no authority answer that, sir, it is not my job, it is the job of forensic firearms
examiner, to determine whether the gun recovered, is the gun used in the crime.
12Q. Did you take a photograph of the evidence you recovered, Mr. witness?
A. No, because the SOCO Team arrived at the crime scene, and since they have complete
equipment, they are the one who facilitated the photographing.
13Q. Why you dare to mark the physical evidence, even though the SOCO Team are present, Mr.
witness?
A. Because we arrived ahead with the SOCO Team, so I take charged everything before they
arrived.
A. Because, I advice one of my companion to call the crime laboratory for assistance of SOCO,
since they are well trained, regarding preservation of evidence.
15Q. What is the weather condition when you, and your companion responded to the crime
scene?
A: It's raining sir, that's why the evidences have a presence of mud.
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Sample of a Script
For an Expert Witness Testifying in Court
Prosecutor...I'm going to present the witness your honor, the Forensic Firearms Examiner of
Interpreter... Do you swear to tell the truth, nothing but the whole truth?
Interpreter... Will you please state your name address, status and other personal circumstances?
Witness... I am P/LT. Alex A. Andres, legal age, married with the postal address of 311 D.
Jakosalem Street, Cauayan City, a registered criminologist and a Forensic Firearms Examiner at
the Regional Crime Laboratory Office 02, Cauayan City.
Prosecution….. May I ask the defense counsel, if he will admit the witness, as expert witness?
Defense Counsel... I will not admit him as an expert witness your honor, this is the first time I
met him.
Prosecution... With due permission your honor. By the way, the purpose of the testimony of the
witness is to establish the fact that the evidence bullet and evidence shell were fired from one
and the same suspected firearm caliber .38 revolver.
3Q. What school, what course and what year you graduated in college?
5Q. When did you joint the Forensic Unit of the PNP?
A. I joined the service thru lateral entry in 1991, then I was assigned in Regional Crime
Laboratory Office 02, Santiago City.
6Q. When, were you assigned at Regional Crime Laboratory Office 02, Cauayan City?
A. I was assigned at Regional Crime Laboratory Office 02, CauayanCity in August 1993.
8Q. What training or seminar do you have, before you become a Forensic Firearms Examiner?
9Q. How many cases involving suspected firearms, you have examine?
10Q. How many case you have testify in court Mr. witness?
11Q. You said, you have examine more than 100 cases and testified more than 80 cases, what
happen to the remaining cases, you have not testified?
12Q. What is your basis in examining this particular case, you are testifying now?
A. The Homicide Section requested our unit/office to determine whether the evidence bullet and
shell were fired from the evidence revolver.
14Q. Showing to you this letter request, is this the letter request you are referring to?
A. Yes sir.
Prosecution…. May I request you honor that this letter request be mark as exhibit "F"
15Q.Aside from the letter request you received, what else did you received?
A. One caliber .38 revolver, one fired bullet and one fired shell.
16Q.Showing to you the caliber .38 revolver, is this the revolver you received? Please examine.
A. Yes sir.
Prosecution... May I request your honor that the revolver be mark as exhibit "G.
18Q.Showing to you the bullet, is this the bullet you are referring to? Please examine.
A. Yes sir.
Prosecution... May I request your honor that the bullet, be mark as exhibit "H"
19Q…How about this one shell, what is the relation of this to the other evidence?
20Q...Showing to you this shell, please examine if this same shell, you received from Homicide
Section?
Prosecutor... May I request you honor that the evidence be mark as exhibit "I" Judge...Give order
to the court interpreter... mark it.
A. After the GPR was conducted, the revolver was return to me.
23Q. When did you received the evidences, and what did you do with the evidences?
A. Nov. 1, 2009 at around 4 O'clock in the afternoon. After I received, I physically examine the
revolver whether it is serviceable or not, including the markings in the evidences, whether each
evidence have already an engraved physical identity each, and since all the marking engraved in
the physical are proper, I adopted their markings.
A. After test firing, I compare the evidence shell and test shell and, then the evidence bullet and
test bullet physically, then examine thru the bullet comparison microscope.
A. After I observed the striations of both the 3 test shells and test bullets and compared with
evidence shell and bullet, it reveal the same individual characteristics.
A. My conclusion is that, the evidence shell and the evidence bullet as well as the test shell and
test bullet, were fired from one and the same suspected firearm caliber .38 homemade revolver
serial number 123456.
29Q. With your findings and conclusion, did you prepare a report?
A. Yes sir.
30Q. Showing to you this Ballistics Report, is this the report you are referring to?
A. Yes sir.
31Q. Whose signature appearing on top of the name PLT. Alex A. Andres?
A. That's my signature sir.
32Q. How about the signature appearing in the left side, name PMAJ. Nestor A. Santos , whose
signature is that?
Prosecution... May I request your honor that the Ballistic Report, the signature of the Forensic
Firearms Examiner and the signature of the Regional Chief, be marked as exhibit "J", "K" "L"
respectively.
Judge... Proceed.
1Q. Mr. witness, did you not come up with an idea that the caliber .38 revolver was switched
with other revolver before you received the same?
A. No sir, because my findings, and conclusion are positive. If it was change, the result after my
examination and comparison would have been negative, but the result was positive.
A. It means to say sir, that evidence shell and the evidence bullet were fired from the submitted
suspected caliber. 38 firearm.
3Q. When the evidence firearm was shown to you, you said that it is same firearm submitted by
the Homicide section, what is your basis Mr. witness?
A. Aside from the markings I engraved in the firearm for identification purposes, I have also a
secret markings engraved, which I'm the only one who knew the location.
4Q. You said that you proceed to chemistry after you received the firearm from Homicide
Section for GPR or gunpowder residue, what is your purposes?
Prosecution... Objection your honor, the question is misleading, the witness did not say that he
received it from Homicide Section but from the duty personnel of the crime laboratory.
5Q. Who submitted the firearm caliber.38 to you, after the GPR was conducted?
6Q. Can you show proof to this Honorable Court, as to when you received the evidence firearm
from P/ MSGT Arthur Diosa?
A. Yes sir, but I will ask permission to the Honorable Judge to allow me (witness) to refer to the
written note at the back of the letter request from Homicide Section, which is already submitted
as exhibit.
Judge... Request is granted... Show the back portion of the letter request.
Witness... Showing the back portion of the letter request to defense counsel.
7Q. Mr. witness, would you admit that every firearm have chamber and this chamber will create
chamber markings?
A. Yes sir.
8Q. And in the revolver, the chamber is located in the cylinder, isn't it Mr. witness?
A. Yes, sir.
9Q. And the evidence revolver you examine have six chamber, isn't it Mr. witness?
A. Yes, sir.
10Q. And you said a while ago, that you marked and test fired only 3 live ammunitions?
A. Yes, sir.
11Q...Mr. witness, why you test fired only 3 lives ammunitions, when in fact there are six
chamber in the evidence revolver? Will you explain this to the honorable court?
A. Sir, we will test fire only 6 live ammunitions, if there are chamber markings in the evidence
shell, because we don't know which of the 6 chambers of the cylinder of the revolver, the
evidence shell was fired. But in this particular case, when I physically examine the body of the
evidence shell with the use of magnifying lens. There is no presence of chamber marking. That's
why I test fired only 3 live ammunitions, because I don't have to examine the chamber markings
in the body of the shell.
12Q. ..How about the striation impressed in the body of shell, is it enough to view the presence
of chamber marking with the use of magnifying lens Mr. witness?
A. Yes sir, it is enough, because with the use of the magnifying lens, the image you intend to
observed will be enlarge and this is done during the one by one physical examination of the
evidences.
13Q……By the way Mr. witness, what are the purpose of the 3 live ammunition for test Firing?
A. The 1st purpose is for preliminary examination, by comparing the evidence shell and the 1st
test shell, whether they have the same striations or markings. The 2nd purpose is for
confirmation, whether the striation in evidence shell, is still appearing in 2nd test shell. The 3rd
purpose is for the conclusion by comparing whether the striations of the evidence shell are
consistent with the 3 test shells.
14Q….I'm sure Mr. witness that you have carefully examine the evidence bullet and the test
bullet in the bullet comparison microscope, how did you arrive into a conclusion?
A. Before I mounted the evidence bullet and test bullet, I examine each physically, looking for
the landmarks from the base to the ogive, and if they are the same, then both evidence and test,
will be mounted in the stage plate at the same time, then compare whether they have the same
striations. It is not enough that the striations in one landmarks of the test bullet and the evidence
bullet are the same, because it might be, just a pseudo matching. The proper way is that, both
evidence bullet and test bullet should be rotated at the same time to find prominent striations,
significant striations and consistent striations in order to arrive in a conclusive findings.
15Q. Supposed only one evidence bullet is submitted and the striation is not sufficient, what will
be your conclusion, Mr. witness?
A. If the evidence is not sufficient like for example, only jacket and only one landmark is legible
of the bullet recovered, then no conclusion could be made, due insufficiency of evidence.
16Q. Follow up question Mr. witness, can you determine whether the bullet was fired from a
pistol or revolver?
A. Yes sir, if there is shaving marks on the bullet, it was fired from a revolver. The cause, is due
to misalignment of the chamber located in the cylinder and the breech end of the barrel
especially if the firearm is homemade. If there is no shaving marks, it is fired from the pistol, due
the fact that, in pistol, the cartridge is already inside the chamber, and next to chamber, is the
breech end. The ogive of the bullet in the cartridge is already attached to the breech end. Upon
explosion of the cartridge, the bullet that will separate from the shell and will just rotate,
following the twist of the rifling.
17Q.Mr. witness, when the evidence shell and the test shell were examine as to the breechface
marking and your finding is positive, supposed you turned the test shell 45 degrees to the right
without turning the evidence, is your finding still positive?
A. Yes sir, it is still positive, because only the position was change, not anyone of the test shell
or evidence shell, mounted in stage plate of the Bullet Comparison Microscope, was change.
18Q.As an expert, Mr. witness, can you determine the distance of the accused in shooting the
victim in the crime scene?
A. I have no authority to answer that sir, the right person to answer, is the investigator or the
witness. The forensic firearms examiner, is just waiting in the office for any specimen requested
for examination.
19Q….Mr. witness, I noticed engraved letters "PSP" in bullet, what these letters stance for?
A. These are initials of the name, middle name and family name of the investigator.
Defense... That's all for the witness your honor. Judge... Any re-direct from the prosecution?
A Man of Science
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