Republic of the Philippines

JOSE RIZAL MEMORIAL STATE UNIVERSITY

The Premier University in Zamboanga del Norte
Main Campus, Dapitan City Registration No.
62Q17082
SPECIALIZED CRIME INVESTIGATION WITH SIMULATION ON
INTERVIEW AND INTERROGATION
Prepared by: Rheychold J. Daymiel, PhD

BASIC CONCEPTS

Criminal Investigation- is an art that deals with the identity and location of the offender and prove his guilt in a criminal proceeding.

Criminal Investigation- it is the systematic method of inquiry that is more a science than an art. The logic of scientific method
must however, be supplemented by the investigator's initiative and resourcefulness. The sequences of the investigation should be
regarded by scientific, operating framework that requires improvising on the part of the investigator.

Criminal Investigation is an Art – based on intuition, felicity of inspiration or by chance; and a Science – based on adequate
professional preparation and abundance of certain qualities

Investigator- is the person who is charged with the duty of carrying out the objectives of criminal investigation. He is an individual
who gathers documents and evaluates facts about crime

Special Crime Investigation- deals with the study of major crimes based on the application of special investigative techniques. It
is also the study concentrates more on physical evidence; it’s collection, handling, identification and preservation in coordination
with the various criminalists in the crime laboratory. Special crime investigation involves close relationship between the investigator
in the field and the investigator in the laboratory- the Criminalist.

Duty of Criminal Investigator

1. Establish that, in fact, a crime was committed under the law.

2. Identify and apprehend the suspect.
3. To recover stolen property.
4. To assist the state in prosecuting the party charged with the offense.

Job of the Criminal Investigator

1. Discover whether or not an offense has been committed under the law.
2. After determining what specific offense has been committed, he must discover how, when, where, why, what offense was
committed.

Methods of Identifications of Criminals

Criminal are identified thru the following:

1. Confession and Admission

2. Statement of witnesses
3. Circumstantial Evidence
4. Associative Evidence

GENERAL PRINCIPLES OF CRIMINAL INVESTIGATION

In the performance of his duties, the investigator must seek to establish the six (6) cardinal points of investigation, namely:
what specific offense has been committed; how the offense was committed; who committed it; where the offense was
committed; when it was committed; and why it was committed.

The Phases of Criminal Investigation

a) Preliminary Investigation - identify the criminal through confession; eyewitness testimony; circumstantial evidence; and
associate evidence
b) Follow Up Investigation - trace and locate the criminal; and
c) Final Investigation - proved by evidence the guilt of the suspect/s.

In proving the guilt of the accused in court, the fact of the existence of the crime must be established; the defendant must
be identified and associated with the crime scene; competent and credible witnesses must be available; and the physical
 evidence must be appropriately identified. The proof of guilt will depend on the establishment of the essential elements of the
crime. The investigator must know by heart the elements of a specific crime.

Tools of an Investigator in Gathering Facts

a) Information – Data gathered by an investigator from other persons including the victim himself and from public records;
Private records; and Modus Operandi file.
b) Interrogation and Interview – Questioning of witnesses, suspects, and offended parties.
c) Instrumentation – Scientific examination of real evidence, application of instrument and methods of the physical sciences
in detecting crime.

PROCEDURE AT THE CRIME SCENE

Upon Arrival at the Crime Scene

a. Record time/date of arrival at the crime scene, location of the scene, condition of the weather, condition and type of
lighting direction of wind and visibility
b. Secure the crime scene by installing the crime scene tape or rope (police line)
c. Before touching or moving any object at the crime scene determine first the status of the victim, whether he is still alive
or already dead. If the victim is alive the investigator should exert effort to gather information from the victim himself
regarding the circumstances of the crime, while a member of the team or someone must call an ambulance from the
nearest hospital. After the victim is remove and brought to the hospital for medical attention, measure, sketch, and
photograph. Only a coronal or a medical examiner shall remove the dead body unless unusual circumstances justifies
its immediate removal.
d. Designate a member of the team or summon other policemen or responsible persons to stand watch and secure the
scene, and permit only those authorized person to enter the same.
e. Identify and retain for questioning the person who firs notified the police, and other possible witnesses.
f. Determine the assailant through inquiry or observed him if his identity is immediately apparent. Arrest him if he still in the
vicinity.
g. Separate the witnesses in order to get independent statements.

Recording - As a rule, do not touch, alter or remove anything at the crime scene until the evidence has been processed through
notes, sketches and photographs, with proper measurements.

Searching for Evidence

a) A general survey of the scene is always made, however, to the location of obvious traces of action, the probable entry
and exit points used by the offender(s) and the size and shape of the area involved.
b) The investigator examines each item encountered on the floor, walls, and ceiling to locate anything that may be of
evidentiary value. You should:
i. Give particular attention to fragile evidence that may be destroyed or contaminated if it is not collected when
discovered.
ii. If any doubt exists as to the value of an item, treat it as evidence until proven otherwise.
iii. Ensure that the item or area where latent fingerprints may be present is closely examined and that action taken
to develop the prints.
iv. 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.
v. Note stains, spots and pools of liquid within the scene and treat them as evidence.
vi. Treat as evidence all other items, such as hairs, fiber, and earth particles, foreign to the area in which they are
fund – for example, matter found under the victim’s fingerprints.
vii. 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 note 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.
c) 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 he faces the scene then the adjoining strips.
d) It may be advisable to make a search beyond the area considered to be immediate scene of the incident or crime. For
example, evidence may indicate that a weapon or tool used in the crime was discarded or hidden by the offender
somewhere within a square-mile area near the scene.
e) After completing the search of the scene, the investigator examined the object or person actually attacked by the offender.

Methods of Crime Scene Search

A. Strip Search Method In this method, the area is blocked out in the form of a rectangle. The three (3) searchers A, B,
and C proceed slowly at the same place along paths parallel to one side of the rectangle. When a piece of evidence is
found, the finder announces his discovery and the search must stop until the evidence has been cared for. A
 photographer is called, if necessary. The evidence is collected and tagged and the search proceeds at a given signal. At
the end of the rectangle, the searchers turn and proceed along new lanes.
B. The double strip or grid method of search is a modification of the Strip Search Method. Here, the rectangle is traversed
first parallel to the base then parallel to a side.
C. Spiral Search Method - In this method, the three searchers follow each other along the path of a spiral, beginning on
the outside and spiraling in toward the center.
D. Zone Search Method - In this method of search, the area is considered to be approximately circular. The searchers
gather at the center and proceed outward along radii or spokes. The procedure should be repeated several times
depending on the size of the circle and number of searchers. One shortcoming of this method is the great increase in
the area to be observed as the searcher departs from the center.

Collecting Evidence. 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 report to
the Firearms and Explosive Office (FEO) must be made for verification purposes. In the collection, the investigator should touch
the evidence only when necessary.

Removal of Evidence. The investigator places his initials, the date and the time of discovery on each item of evidence and the
time discovery on each item of evidence for proper identification. Items that could not be marked should be placed in a suitable
container and sealed.

Tagging or Evidence. Any physical evidence obtained must be tagged before its submission to the evidence custodian.

Evaluation of Evidence. Each item of evidence must be evaluated in relation to all other evidence, individually and collectively.

Preservation of Evidence. It is the investigator’s responsibility to ensure that every precaution is exercised to preserve physical
evidence in the state in which it was recovered/obtained until it is released to the evidence custodian.

Releasing the Scene. The scene is not releases until all processing has been completed. The release should be effected at the
earliest practicable time, particularly when an activity has been closed or its operations curtailed.

Sketching Crime Scenes

Pointers to Consider:
a) To establish admissibility, the investigator must have had personal observation of the data in question. In other words,
the sketch must be sponsored or verified.
b) REMINDER: Sketches are not a substitute for notes or photos; they are but a supplement to them.
c) Types of sketches: Floor plan or “bird’s-eye view”; Evaluation drawing; Exploded view; and Perspective drawings.
d) Write down all measurements.
e) Fill in all the detail on your rough sketch at the scene. Final sketch may be prepared at the office.
f) Keep the rough sketch even when you have completed the final sketch.
g) Indicate ht North direction with an arrow.
h) Draw the final sketch to scale.
i) Indicate the PLACE in the sketch as well as the person who drew it. Use the KEY – capital letters of the alphabet for
listing down more or less normal parts of accessories of the place, and numbers for items of evidence
j) Indicate the position, location and relationship of objects.
k) Methods or systems of locating points (objects) on sketch
▪ Rectangular coordinates. (Measurements at right angles from each of two walls)
▪ Coordinates constructed on transecting base line. Choose relatively fixed points for your baseline.
▪ Triangulation. (Measurements made from each of two fixed objects to the pint you want to plot or locate so as to
form an imaginary triangle. Sketch will show as many imaginary triangles as there as object plotted).
l) Two (2) investigators should check critical measurements, such as skid marks.
m) Measurements should be harmony; or in centimeters, inches, yards, meters, mixed in one sketch.
n) Use standard symbols in the sketch.
o) Show which way doors swing,
p) Show with arrow the direction of stairways.
q) Recheck the sketch for clarity, accuracy, scale, and title key.

General Type of Sketch

Rough Sketch- made at the crime scene, no scale, proportion ignored and everything is approximate

Finished Sketch- for courtroom presentation, scale and proportion are strictly observed.

Kinds of Sketch

1. Sketch of locality gives a picture of the crime scene in relation to its environs including neighboring buildings, roads,
etc.
 2. Sketch of grounds includes the crime scene and its nearest environment, ex a house w/ a garden

3. Sketch of details describes the immediate crime scene only.

SCENE OF CRIME OPERATION (SOCO)

Composition of SOCO Team

The SOCO team is 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 and Evidence Recorder
5. Evidence Recorder
6. Evidence Recovery Personnel
7. Driver/Security

Personnel Functions and Responsibility

1. Team Leader
a. Assume control of the crime scene. Ensure the safety of personnel as well as the victim and offenders caught in the
scene and secure the crime scene from kibitzers.
b. Conduct initial survey of the crime scene for evaluating potential evidence and narrative description of the place.
c. Determine search patterns to be used and designate assignments to evidence gatherer.
d. Designate command post location in or near the crime scene and insure exchange of information between searcher
and investigator.
e. Coordinate with other law enforcement agencies for the security of the victims, offenders/suspects and the scene
of the crime.
f. Ensure that sufficient supplies and equipments are made available for personnel involved in SOCO.
g. Control access to the scene and designate personnel. To log persons entering the place and remove Kibitzers in
the area,
h. Continuously reevaluate efficiency of the search ensure and that all places are searched properly.
i. Release the crime scene to the investigators handling the case

2. Assistant Team Leader

a. Shall assist the team Leader in all his functions and responsibilities.
b. Assume/takeover the responsibilities of the Team leader in his absence

3. Photographer and photographic log recorder:

a. Photograph the entire area of the crime scene with overall medium and close-up coverage using appropriate scale.
b. Photograph victims, suspects/offenders arrested in the scene.
c. Photograph all evidences before collection.
d. Photograph all latent Fingerprints, impressions before lifting or casting is made. Likewise, photograph blueprints
map and other items
e. Prepare photograph log photographic sketch.

4. Sketcher:
a. Perform all sketches necessary during the crime scene processing.

5. Evidence Recorder/Custodian:
a. Prepare evidence recovery log and accomplish chain of custody of evidence.
b. Conduct packaging, preservation and transportation of gathered evidence to the Crime Laboratory.
c. Coordinate evidence nomenclature with sketcher, photographer and evidence gatherer.
d. Receive and record all evidence recovered.
e. Maintain custody and control of evidence
f. Observe the proper custody of evidence
g. Coordinate transmittal of evidence to case investigator or to Crime Laboratory per agency guidelines.

6. Evidence Recovery Personnel:

a. Have significant evidence photograph before it is collected.
b. Keep team leader always apprised of significant evidence located.
c. Initial and date all evidence and turn it over to the evidence recorder/custodian after noting where the item was
located.
d. Coordinate evidence nomenclature with evidence recorder/custodian and sketch prepared.
e. Ensure that appropriate safety measures are adhered to especially with respect to proper clothing including gloves.
Equipment

1. Basic Equipment - Crime Scene tape or Rope (Police Line), Measuring device e.g. ruler and measuring tape, Recording
materials e.g. chalk, sketcher and paper pad, Camera with film, Video camera or tape recorder, Evidence collection kit,
Flashlight

2. Evidence Containers - String tags-large and small, Evidence tape or masking tape, Roll of manila paper for wrapping,
Plastic gallon, ½ pint bottles/vials-plastic and glass, ¼ pint bottles/vials-plastic glass, Absorbent cottons, Rolls of
fingerprint tape, Plastic bags-different sizes, Paper bags-different sizes

3. Tools - Pair of scissors, Knife-heavy duty and folding knife, Adjustable wrench, Pliers, Wire cutter, Complete screw driver
set, Saw, Hammer, Ax of hatchet, Shovel, Fingerprint magnifier, Nylon brush, Magnet, Spatula, Box of plaster of Paris
for casting or lifting foot marks, Goggles, Sifting screen, Funnels of different sizes, Ladder, Hand lens of magnifier,
Weighting scale, Vernier caliper and micrometer, Scalpels

4. Evidence Gathering Equipment - Rubber glove and cotton, Box or filter, White cotton sheet, Cotton balls and swabs,
Fingerprint car, data card and ink cards, Photo data card, Black and white latent print lifting cards, Rolls of lifting card,
Complete magna brush kit, Complete dusting kit, Heavy duty rubber lifters, Camera whit no wide angel, normal and
macro lens, Arson kit, Casting and molding kit, Electric engraver

5. Miscellaneous - Rubber bands, Pencil, ball pens, pentel pen-different color, Chalks, Permanent flat marker, Eraser,
Stapler with extra staple, Assorted paper clip and binders, Notebooks, paper pads, sketch pads and drawing pads,
Drawing compass, Clippers, Magnetic directional compass, Carbon papers and coupon bonds.

SCIENTIFIC AIDS TO CRIMINAL INVESTIGATION

The scientific tools a criminal investigator can use are:

a. Fingerprinting (Dactyloscopy)
b. Photography
c. Forensic Chemistry
d. Medico-legal
e. Forensic Ballistics
f. Questioned documents examination
g. Polygraphy
h. DNA Analysis

DNA: THE LATEST SCIENTIFIC TOOL

Deoxyribonucleic Acid (de–ak–si–ri–bo–n(y)u–kle–ik) - is a chemical substance found in all

cells of living organism whose composition have been passed on from parents to offsprings. It is
called as the genetic or hereditary material. A person’s DNA is the SAME in every cell. It is contained in
blood, semen, skin cells, tissue, organs, muscle, brain cells, bone, teeth, hair, saliva etc.

Chemically, it is an acid and is composed of three sub-units, namely:

1. the phosphate group

2. a deoxyribose sugar, and
3. one of the four bases – Adenine (A), Thymine (T), Cytosine (C) and Guanine (G)
 FROM THE WHOLE TO THE (MICROSCOPIC) PARTS

The There Each One The Genes are

human is a nucleus chromosome chromosomes segments
body nucleus contains 46 of every are filled of DNA
contains inside chromosomes pair with that contain
100 each arranged is from tightly instructions
trillion human in 23 each coiled to make
cells cell pairs parent strands proteins
of the building
DNA blocks of life

BIOLOGICAL EVIDENCE AMENABLE FOR DNA ANALYSIS

• blood and bloodstains

• semen and seminal stains
• hair with follicle/root
• saliva and buccal cells
• tissues and skin cells
• organs
• bone marrow and bones
• teeth

LINE UP OF CASES WHERE DNA ANALYSIS MAYBE USEFUL

• Sexual assault cases like RAPE

• Murder
• Homicide
• Robbery
• Hit and run
• Extortion
• Paternity cases
• Identification of remains in mass disaster

IDENTIFYING DNA EVIDENCE

EVIDENCE Possible location of Source of DNA

DNA on the evidence
baseball bat or similar handle, end sweat, skin, blood, tissue
weapon
hat, bandanna, or mask inside sweat, hair, dandruff

eyeglasses nose or ear pieces, lens sweat, skin

facial tissue, cotton swab surface area mucus, blood, sweat, semen,
earwax
dirty laundry surface area blood, sweat, semen

toothpick tips saliva

 used cigarette cigarette butt saliva

stamp or envelope licked area saliva

tape or ligature inside/outside surface skin, sweat

bottle, can, or glass sides, mouthpiece saliva, sweat

used condom inside/outside surface semen, vaginal or rectal cells

blanket, pillow, sheet surface area sweat, hair, semen, urine, saliva

“through and through bullet outside surface blood,tissue

bite mark person’s skin or clothing saliva

fingernail, partial fingernail scrapings blood, sweat, tissue

COLLECTION OF DNA EVIDENCE

BLOOD Liquid Person Collect in EDTA tubes.
Liquid Scene a. Use syringe, collect into EDTA tube.
b. Transfer onto cotton cloth. Air dry.

BLOOD Clot Scene a. Collect clot in test tube.

b. Transfer onto cotton cloth. Air dry.

BLOOD Wet Clothing Air dry at room temperature. Package in paper bag.
Wet Object Air dry at room temperature. Package in paper bag.
Wet Water Collect sample with syringe. Place sample in plastic
container. Freeze sample.

DRIED Crust Person, Scene, Scrape crust into paper packet. Collect control blank.
BLOOD Stain Object Collect item directly.
Weapon
 EVIDENCE CONDITION LOCATION COLLECTION MODE

DRIED Stain Small object Collect entire item.

BLOOD Stain Vehicle,Uphol- Cut out stained area. Package separately. Collect control.
Stain stery,Carpet, a. Scrape into paper packet. Collect control.
Spatters Wallpaper,Wood b. Transfer onto moistened cotton thread. Air dry thread.
Unmovable surface, Tape lifting. Place in container.
concrete wall
Unmovable surface
SEMEN Liquid Victim a. Collect sample with rape kit.
Liquid Object, Scene b. Collect sample with swabs.
Wet Clothing Keep in refrigerator.
Dried stain Clothing, Carpet a. Collect liquid semen into tube.
Upholstery b. Transfer onto cotton cloth.
Unmovable surface Air dry.
Air dry. Package separately.
Collect as is. Package separately.
Cut out section with stain. Collect control.
Scrape sample into paper packet.
Collect control.

EVIDENCE CONDITION LOCATION COLLECTION MODE

URINE Liquid Person Direct deposit in container. Keep refrigerated.

SALIVA Liquid Scene Use syringe transfer into test tube. Keep refrigerated.

TISSUE, Fresh Scene Place in container. Keep refrigerated.

ORGAN Dried Scene Place in container.
BONE
HAIR With tissue Scene Collect hair with tissue in container. Keep refrigerated.
With blood Scene Separate hair from blood. Air dry. Collect in paper
Intact hair Scene packet.
Fragments Scene Pick up sample with clean forceps. Place in paper
Control Person packet.
Tape lift. Package in container.
Pulled (at least 20).

HOW IS DNA TYPING DONE?

DNA typing or profiling is a procedure wherein DNA extracted from the evidentiary sample as well as from the reference
biological samples obtained from the victim and suspect are analyzed and processed to generate a particular pattern or profile for
each samples. This profile is unique for each person except from identical twins. The patterns are compared either with that of a
known individual to determine a match, or a set of possible relatives to determine consanguinity.

In individual identification, the pattern obtained from the evidentiary sample is compared with that of a suspect. If the
patterns are different, definitely it has not originated from the suspect. If it is SIMILAR, the probability that the evidentiary sample
arose from the suspect and not from a random individual in the population is calculated using a formula based on well-accepted
concepts of statistical probabilities and population genetics.

In cases of determining consanguinity, DNA from the subject and his/her relatives are analyzed and compared. DNA
fragments of an individual are contributed by his/her father and mother. Identification of mass disaster victims are done in the
same way, the DNA of unidentified victim and relatives are analyzed and compared. In paternity cases, the DNA fragment
contributed by the father should be observed in the alleged father. Then, the probability that the alleged father is the father of the
child is calculated as a ratio between that of the alleged father and any random male in the population.

There are several types of DNA tests that can be performed. The NBI currently employs the PCR-based testing using
the Short Tandem Repeats (STR) systems like PE-ABI Profiler and Promega’s PowerPlex 16 and PowerPlex Y Systems of
analysis.
STAGES OF DNA ANALYSIS

• EXTRACTION – to obtain the DNA material from the specimen. Two commonly used methods are Chelex, DNA IQ
(rapid methods) and organic extraction.

• QUANTITATION - to determine the amount of DNA material extracted from the sample. NBI make use of the
QUANTIBLOT kit which is human specific and highly sensitive up to picogram level.

• DNA AMPLIFICATION by PCR (Polymerase Chain Reaction)– to make many copies of specific DNA fragment. PCR
is a synthesis reaction that is repeated for a number of cycles and results in exponential accumulation of the specific
DNA fragment. The thermal cycler is the machine that does this PCR and is compared to a Xerox machine.

Admissibility of DNA evidence

Under the rules of evidence, expert opinion on specialized knowledge must be relevant to the question at issue; that is, it
must assist the trier of fact to understand the evidence or to determine a fact in issue. For instance, in the Daubert case earlier
referred to, two minor children and their parents sought to recover damages for birth defects which were allegedly caused by the
mother’s prenatal ingestion of Bendectin, an anti-nausea drug sold by the defendant pharmaceutical company. After discovery,
the defendant moved for summary judgment, asserting that Bendectin does not cause birth defects in humans.
Defendants submitted an opinion from a well-credential expert stating that his review of all of the literature on Bendectin
revealed nothing to indicate that the drug was capable of causing birth defects in humans. So the issue before the court was what
standard would be used for admitting expert scientific testimony in a trial before a federal court. The US Supreme Court held that
the standard should be “If scientific, technical, or other specialized knowledge will assist the trier of fact in issue, a witness qualified
as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise.” This
is the standard laid down in Rule 702 of the Federal Rules of Evidence in the US. Our own Rules of Court in the Philippines follows
this standard with respect to the admission of opinion evidence.
In short, expert opinion based on the scientific method must be (1) relevant to the fact in issue, and (2) must be scientifically
valid, as tested by the four indicia noted above. Relevance requires a valid scientific connection to the pertinent area of inquiry so
that it will be admitted as evidence.
In the Philippines, the admissibility of DNA evidence was squarely raised in the celebrated case of People v. Hubert Webb,
et. al. (Criminal Case No. 95-404, Regional Trial Court, Branch 274, Parañaque City). This case involved a sinister plan to gang
rape the teen-aged victim. The accused, 7 of them, went to the house of the victims after midnight on June 29, 1991 and by a pre-
arranged plan with the principal witness, three of them entered the house. According to this witness, after three of the accused had
entered the house, she too went inside and pushing a door leading to one of the rooms, she saw two bloodied bodies on top of the
bed, and on the floor she saw the first accused with bare buttocks on top of the rape victim, pumping her. She also saw the second
accused at the foot of the bed where the two bodies lay, which was about to wear his jacket. She saw the rape victim moaning and
in tears, and her mouth was gagged. It was further found by the trial court that when the first accused was raping the victim, her
seven year-old sister was awakened and, upon seeing her elder sister being raped, she jumped at the first accused, bit his shoulder,
grabbed his hair, and pulled down his leather jacket. The first accused became furious, grabbed the young girl, pulled her to the
wall, and stabbed her several times. The medico-legal officer of the NBI found that the mother of the rape victim was stabbed 12
times after having been hog-tied with an electric cord like the younger daughter. The rape victim was found positive for spermatozoa
in the genital area in the smear test conducted by the NBI laboratory although it was noted that there were no injuries therein. At
the time the cadaver of the rape victim was discovered, she was found naked from the waist down; and it bore contusions on the
left and right thighs, which meant that she had put up a severe resistance to an unwanted sexual intercourse. The wounds on the
younger sister also indicated that she was able to ward off her assailant.
It can be seen from this recitation of facts in the decision of the trial court that there were various sources of DNA evidence
which could have been presented by either the prosecution or the defense. Aside from the spermatozoa found on her genitalia by
the NBI’s smear test, it was found that the younger sister of the victim bit the shoulder of the first accused and grabbed his hair.
So the police investigators could have examined her teeth as well as the strands of hair of the accused to gather DNA evidence.
Unfortunately, nothing of this sort was done by the police. As for the sperm sample obtained by the NBI laboratory, the first accused
wanted to present this as evidence for the defense at the trial, but the prosecution objected on the ground that this has been
degraded at the time of the trial, which was held from August, 1995 to February 1998. The trial court sustained the objection of the
prosecution, and the defense let it rest at that. Thus, the opportunity to use DNA evidence to conclusively prove the guilt or the
innocence of the accused was lost. This case has been appealed to the Supreme Court with both sides predicting victory. The
defense of the accused was alibi. While we all know that alibi is a weak defense, it must be noted that in this case, the first accused
presented an array of witnesses as well as documentary evidence to prove that he was in California at the time of the commission
of the crime. The other accused also depended on alibi for the defense. A total of 95 witnesses were presented by the accused to
support their defense, while the prosecution presented 7 witnesses. The decision in this case is so controversial that the Supreme
Court has decided to hear it en banc, as it has required the accused to furnish 19 copies of their briefs (People v. Hubert Webb,
G.R. No. 141859).

Admissibility of DNA evidence under Philippine Law

Under our laws, evidence is admissible when it is relevant to the fact in issue and is not excluded by the Rules (Rule 128,
sec. 2, Rules of Court). Under this test, evidence is relevant when it has such a relation to the fact in issue as to induce belief in its
existence or non-existence. Evidence, to be relevant, need not conclusively prove the ultimate fact in issue, but only have any
tendency to make the evidence of any fact that is of consequence to the determination of the point in issue more probable or less
probable than it would be without the evidence. DNA evidence would be invaluable as corroborative evidence without statistical
backup if the accused has been identified by other proof. It would be proper to inform the court that two DNA samples match or do
not match. In the case of a match, this makes it probable that the DNA in the sample come from the same person suspected as a
perpetrator. It would be corroborative even without the statistical back up needed in the Frye test or under the Federal Rules of
Evidence. In case of a non-match, this may lead to the acquittal of a suspect. The probability under this form of presentation would
be in an amount that is not precisely known. This is because the only criterion we are using is that of relevancy.
Evidentiary facts are relevant in evidentiary rules where there is such a rational and logical connection between them and
the matter in issue that proof of the former logically tends to make the latter more probable or improbable – that is, where the fact
offered in evidence has a legitimate tendency to establish the truth concerning a controversial issue (Francisco, Revised Rules of
Court (Evidence) 1964, p. 40, citing Jones on Evidence, p. 240). Under our Rules, even collateral matters are allowed when they
tend in any reasonable degree to establish the probability or improbability of the fact in issue (Rule 128, sec. 4). With such liberal
rules of evidence, there should not be any doubt as to the admissibility of DNA profiles in our courts, even without the support of
population genetic statistics.
Thus, in a prosecution for abusos deshonestos, our Supreme Court held that it was not error for the trial court to convict the
defendant on the basis of a finding of the Bureau of Science that the substance taken from the sex organ of the defendant showed
that he was suffering from gonorrhea, like the complaining witness who was infected with the disease as a result of the crime (U.S.
v. Tan Teng, 23 Phil. 145 [1912)]). This shows that even a mere finding from the government bureau which shows a match between
the disease of the defendant and that of the complaining witness can be considered relevant under our rules, as it tended to show
the probability of the defendant’s physical contact with the complaining witness.
Even in the United States under the Frye test, some courts have admitted DNA match profiles without the statistical back
up. The Pennsylvania Supreme Court held that “the factual evidence of the physical testing of the DNA samples and the matching
alleles, even without the statistical conclusions, tended to make the appellant’s presence more likely than it would have been
without the evidence, and was therefore relevant” (Commonwealth v. Crews, 640 A2d 395 [1994]).
Our rules of evidence are all based on probabilities. “The most that can be reached is a high probability that the fact in
question is true,” says Wharton, for “it is impossible even to expound the principles and method of induction, as applied to natural
phenomena, in a sound manner, without resting them upon the theory of probability” (Wharton, Criminal Evidence, cited in
Francisco, id. at 48). “We have, therefore, to content ourselves with partial knowledge – knowledge mingled with ignorance
producing doubt. Even scientific conclusions cannot be demonstrated except so far as they deal with abstrations” (ibid.).
“Probabilities have been with us for years, and a statement of a probability is, by its nature, a statement of partial
knowledge, so it is paradoxical to imply that in principle we cannot calculate the probability of an event without further
empirical knowledge” (MacKnight, “The Polymerase Chain Reaction (PCR): The Second Generation of DNA Analysis
Method Takes the Stand”, 9 Santa Clara Computer & High Tech. L.J. 287 (1993) at 328).
Of course, the loose relevancy in our rules does not augur well for the protection of the rights of the accused. Scientific
evidence tends to mystify even the hard-boiled judges who are ignorant of DNA technology. The scientific jargon may overwhelm
them into admitting DNA evidence and give these frill credence, unless the accused hires his own expert to challenge the findings.
If the defense counsel fails to challenge the weight of such evidence because of ignorance of the procedures for validation, cross-
checking and re-testing, or if he fails to challenge the premise of the expert witness, the accused would remain at the mercy of the
prosecution expert. The relevancy standard in evidence implicitly relies on the effectiveness of the adversarial system and on the
right of cross-examination to protect the rights of the accused. Failure of the defense counsel to question the findings of the
prosecution expert will place the accused at the short end of due process. The defense counsel in a situation like this should at
least have an idea about laboratory testing and sampling procedures, population genetics, reliability of statistics, and laboratory
error rates. The accused should have the logistics to hire his own expert so that he can be placed on an even keel with the
prosecution.
As for expert opinion on DNA profiles, our rules of evidence admit such opinion as long as the witness proves that he is an
expert in a given field. And he can do this by proving that he has knowledge, skill, experience, training, or education in any given
field (Rule 130, sec. 49). Of course, the difficult problem is that the presentation of DNA evidence requires different forms of
expertise. The presenter may have to present a laboratory technician, a molecular biologist, a population statistician, and a
geneticist. This is because the laboratory technician may not be qualified to testify on molecular biology, the biologist may not be
able to testify on statistical probabilities on the frequency of a random match, and the statistician may not be qualified to testify on
population genetics. Thus, in Powell v. State (598 SW2d 829 (1994)), the defendant challenged the expertise of the molecular
biologist to testify on the probabilities of matching DNA patterns because he was not qualified as a population geneticist. (See also
Swanson v. State, 823 SW2d 812 [1992]). In State v. Lewis, (654 So2d 761 [1995]), the trial court denied expert status to a lab
technician who presented herself as an expert in molecular biology; the appellate court reversed because she belonged to
invitational professional organizations, received several academic awards, had written 14 articles on DNA analysis, and had been
assistant director of a laboratory for more than one year.
The other problem here is that there are only a few experts in the pertinent fields. Experts in statistics, genetics, biology,
organic and inorganic chemistry, computers, laboratory testing and protocols, on human hair and sperm, blood and bloodstains,
etc. would be needed in this kind of inquiry. They are rare birds, especially here in the Philippines. They therefore do not come
cheap, and engaging their services would add to the high cost of DNA profiling and testing, which has been estimated to cost at
least P30,000 at pre-devaluation rates. A poor defendant may not have access to such experts. This raises constitutional issues
of due process and violation of the rights of the accused. He may not get a fair trial if he cannot engage the services of such an
expert witness. Since most defendants in heinous crimes like rape and murder are generally poor, they would not have the
resources to pay for their own experts or to import them from abroad. This would result in a one-sided contest in our criminal justice
system.
 INVESTIGATION OF SPECIFIC CRIMES
HOMICIDE AND MURDER INVESTIGATION

Homicide Investigation - It is the official inquiry made by the police on the facts and circumstances surrounding the
death of the person which is expected to be criminal or unlawful.

Homicide

Any person who, not falling within the provisions of Article 246 (Parricide) Revised Penal Code shall kill another without
the attendance of any of the circumstances enumerated in Article 248 (Murder) RPC, shall be deemed guilty of homicide.

The elements of homicide are:

(1) A killing exist
(2) The accused did the act without legal justification and with intent to kill
(3) The killing is neither murder, parricide nor infanticide.

Intent to kill is presumed if deaths results from the unjustified act. If death did not result from the act, intent to kill is
essential to prove attempted or frustrated homicide otherwise the crime may be physical injuries only.

Murder
Any person who, not falling within the provision of Article 246 (Parricide) of the RPC shall kill another, if committed with
any of the following attendant circumstances:

1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the
defense or of means or persons to insure or afford impurity.
2. In consideration of a price, reward, or promise.
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a street
car or locomotive fall of an airship, by means of motor vehicles or with the use of any other means involving great
waste and ruin.
4. An occasion of any of the calamities enumerated in the proceeding paragraph or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic, or any other public calamity.
5. With evident premeditation.
6. With cruelty, by (deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his
person or corpse.

The elements of murder are:

(1) A killing exists.
(2) The accused killed the deceased under any of the above circumstances qualifying the killing to murder.
(3) The killing does not constitute parricide or infanticide.

The circumstances that qualify the killing to murder must be alleged in the information as otherwise the killing may be considered
as merely homicide.

Parricide

Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants or
descendants, or his spouse, shall be guilty of parricide.

The elements of parricide are:

(1) A person is killed by the accused.
(2) The person killed is the father, mother or child (not less than three days old), whether legitimate or illegitimate, or the
ascendant or descendant or the spouse of the accused.
The relationship with the other ascendant or descendant (grandfather or grandson) must be legitimate. The spouse killed
must be legitimate wife or husband. But the father, mother or child may be legitimate or illegitimate. If the child killed is less
than three days old, the crime is infanticide.

Responsibilities of a Homicide Investigator

1. Homicide investigator when called upon to investigate a violent death, stand on the dead man’s shoes, to produce his
instincts against those suspects. Consequently, the zeal, enthusiasm and intelligence the investigator brings in the
case marks the difference between a murderer being convicted or set free.
2. If the investigator interprets an accidental death as due to natural death and wisdom or the family may be deprived of
benefits and other properties which the deceased have sacrificed to obtain.
3. If he interprets a criminal death as accidental or natural, a guilty person is otherwise set free.
 Note: Remember that the police are the first line of defense in the effective application of criminal justice.

The Primary Job of the Investigator

1. To discover whether an offense has been committed under the law.

2. To discover how it was committed.
3. Who committed it and by whom it was committed.
4. When it was committed.
5. And under certain circumstances why it was committed.

Mistakes in Homicide Investigation

1. The mistakes of the homicide investigator cannot be corrected.

2. The homicide investigator should not cross the three bridges, which he burns behind him. It is important that competent
personnel adequately handle the case.
The following are the three bridges:

A. The dead person has been moved.

It is therefore necessary that photographs be taken, measurements made, fingerprints taken and other necessary tasks
to be first carried out.
B. The second bridge is burned when the body is embalmed.
Embalming destroys traces of alcohol and several kinds of poison. If poisoning is suspected, the internal organs should
be removed.
C. The third bridge is burned when the body is burned or cremated.
The exhume body is difficult and expensive. The lapse of time makes the examination doubtly difficult and a conclusion
is hard to arrive at. Cremation destroys body itself.

The Medico-Legal Autopsy

1. The real beginning of any homicide investigation should be to establish the cause of death accurately.
2. An autopsy should be performed at once when there is the slightest reason to suspect the probability of homicide.
3. In general, it maybe stated that death has been caused by violence, an autopsy is always performed unless there is adequate
proof to the contrary.

The value of the Investigator in attending autopsies

During the conduct of autopsy, an investigator can observe first hand and ask questions pertinent to the case under
investigation. The medico-legal officer can explain the autopsy findings as they progress. As the results of the autopsy are received
by the investigator such information, if pertinent and requiring expeditious investigative attention, can be passed along to the other
investigators for immediate handling. When the investigator has a suspected weapon, comparison of the weapon with the wound
can be made. The officer present at the autopsy can be the liaison with the investigation team working on the case and see that
all evidence is obtained during the examination.

The Role of the Medico-Legal officer in Homicide Investigation

The determination of criminal responsibility in death has been developed into a specialized field of medical science called
forensic pathology. A pathologist can assist in homicide investigation by:
1. Documentation of all wounds, bruises, scratches, scars or other marks at the time of the autopsy.
2. Interpretation of findings based on medical facts.

Necropsy Report- It is a document stating the cause of death of the victim. This is the medico-legal report.

The Facts of Death

1. The first action of an investigator upon arriving at the crime scene of the homicide is the verification of death.
2. An individual is said to be dead in the medical sense when one of the three vital function is no longer performing within the
body:
a. Respiratory system
b. Cardiac Activity
c. Central nervous system activity
3. In the legal sense, death is considered to occur when all of the three above vital functions have ceased.

Presumptive signs and Test of Death

1. The following are few of the signs indicative of death:
A. Cessation of breathing and respiratory movement
B. Cessation of heart sounds
C. Loss of placing of nail beds when pressure is applied in the fingernails is released.

Suspended Animation
1. Cardiac activity, breathing and functioning of the nervous system may reach such a low-level activity that a homicide
investigator maybe deceived into an assumption of death.
2. The following conditions produced simulated appearance of death:
1. electric shock
2. prolonged emersion
3. poisoning from narcotic drugs
4. barbiturate poisoning
5. certain mental diseases

The Importance of Establishing the Identification of Homicide Victims

The identification of the victim is an important investigative step for the following reasons:
1. It provides an important basis for the investigation processes since it may lead the investigator directly to other important
information leading to the solution of the crime.
2. The identity of the dead person provides the focal point/starting point for the investigators can then center their attention on
associates and haunts of the deceased.
3. The identity of the deceased may arouse suspicion in mysterious death since the victim maybe a person whose life had been
threatened or whose death was desired for criminal purposes.
4. The identification of the deceased can be traced or related to wanted persons or missing one.

Methods of Identification

a. DNA Analysis
b. Fingerprints - fingerprint identification is the most positive and quickest method of ascertaining identity. However, the
prints of the deceased may not be on file or may not be obtainable because of trauma, mutilation, incineration or
decomposition. The sole clue maybe bone, a skull or a few teeth.
c. Skeletal Studies - Examination of the skeleton may provide a basis for identification because of individual peculiarities
such as old fractures and presence of metal pins. Bones may also provide information about age, sex, and race.
d. Visual Inspection - Someone knowing the deceased person may recognize the victim. However, trauma, incineration,
or decomposition may render the features unrecognizable. In addition, a visual inspection without further verification has
the advantage of possible subjective error or deliberate false identification. Visual inspection combined with fingerprint
evidence is a favored method for rapid identification.
e. Personal Effects - Identification of a victim by personal effects such as Jewelry, I.D. card, wallets, belts, shoes etc.
f. Tattoo and Scars - Identification scars, moles, tattoos, pockmarks or other markings may be helpful in identification,
particularly in conjunction with other findings.
g. Dental Evidences (Forensic Odontology) - Identification based on the examination of teeth (teeth charts, fillings, inlays
crowns, bridgework, dentures etc.) is valuable inasmuch as the teeth are probably the most durable part of the human
body. There are probably no two people alive with dentures that are completely identical in all respects. Dental evidence
is legally recognized and accepted, if properly presented in court.
h. Clothing - Articles of clothing containing cleaner’s mark, labels, initials, size, color, texture knitting, etc. have provided
investigators with the leads and even identification in most instances.
i. Photographs - Identification of victims has been made by publication in bulletins, circulars, television and other
distribution media, artist sketches, death mark and casts have likewise aided the police in identifying unknowns.

Investigative Leads

The problem of who did it is a simple on when the offender is caught in the act or apprehended in flight from the scene
the scene shortly after the crime. When the perpetrator is not promptly arrested, the direction of the investigation varies according
to whether the case falls into one of the two categories- known identities or unknown identity. Whenever investigators encounter
cases of the later, investigative leads now are necessary to attain the objective of criminal investigation.

Establishment of Motive to the killing

This will furnish a good clue in the solution of the crime. The investigator drawing from his ingenuity, experience and
availability of data, must base his investigation on a theory that rationally explains the fatal act. Note maybe done on the following:
• Victims Background - very promising leads can be developed from the review of the background of the victim that can
provide the background of the victim which can give the pursuit defined goals.
• Modus Operandi - choice of particular crime to commit and the selection of a method of committing a criminal act that
forms the signature of the criminal give a clear lead on who might have committed the crime.
• Informants - are a traditional starting point in seeking basic leads. In fact informants sometimes offer data about an
unreported or undiscovered crime or one in its planning stage.
• Benefits - the question of who might benefit from the crime provides an excellent focus for making inquiry. The “benefit
factor” can provide investigative leads.
• Opportunity
• Knowledge - simply determining who might have knowledge of the crime to establish further information
• Approximate time of death
• Composite Sketches
• Photographs of Known criminals
• Voice Identification
• Polygraph testing
• Fingernail Scrapings
• Signs of Struggle
• Field Contact Report
• Motor Vehicle