CHAPTER 4

FORENSIC/PHYSICAL
EVIDENCE
 THE evolution of law enforcement has
benefited greatly from the many extraordinary
advances in the field of forensic science the
application of scientific processes to solve legal
problems most notably within the context of the
criminal justice system” Modern forensic science
dates back to 1910 and the “exchange principle” set
forth by French criminologist EDMOND LOCARD.
 As explained in Lacard’s exchange principle
states that “WHENEVER TWO OBJECTS COME IN
CONTACT WITH EACH OTHER (e.. g., a criminal
and an object or objects at a crime scene), there is
always a transfer of information, however, minute,
between them. In other words, a criminal always
removes something from the crime scene and
leaves behind incriminating evidence.
 The remnants of this transfer are called
PROXY DATA, the evidence analyzed by forensic
scientists to uncover the relationships between
people, places and objects. A primary purpose of
an investigation is to locate, identify and preserve
evidence---data on which a judgement or
conclusion may be based. Evidence is use for
determining the facts in a case, for later laboratory
examination and for direct presentation in court.
 Best evidence, in the legal scene, is
the original evidence or highest available
degree of proof that can produced.
Investigator should be cognizant throughout
an investigation of the best-evidence rule,
which stipulates that the original evidence is
to be presented in court whenever possible.
DEFINITION
S:
 Evidence – is the means sanctioned by the
Rules on Evidence, of ascertaining in a judicial
proceeding the truth and respecting a matter of
facts. (sec. 1, Rule 128, Rules of Court,
Philippine Law Dictionary)
 Evidence also refers to any materials which
tends to persuade the court of the truth or
probability of some facts asserted before it.
 Classification of Evidence in Criminal
Investigation
1. Physical or Object Evidence – this refers
to an object which obtained through crime
scene search.
Any articles or objects found during crime scene
search or crime investigation which could link the
identity of the suspect is known as “Physical or
Object Evidence” Object evidence refers to
evidence made known or addressed to the senses
of the court. It is not limited to what is known
through the senses of the vision, but it is extended
to what the sense of hearing, taste, smell and
touched is perceived. This is also known as
AUTOPTIC OR REAL EVIDENCE.
Physical evidence is anything real – that
is, which has substance, that helps to
establish the facts of a case; it can be seen,
smelled, touched, or tasted; is solid,
semisolid, or liquid; and or can be large or
tiny. It may be at immediate crime scene or
miles away; it may also be on a suspect or
a victim.
 Some evidence ties one crime to a similar crime
or connect one suspect with another suspect.
Evidence can also provide new leads when a
case appears to be unsolvable. Further, evidence
corroborates statement from witnesses to or
victim of a crime. Conviction are not achieved
from statements, admission or confession alone.
A crime must be proven by independent
investigation and PHYSICAL EVIDENCE.
(Sec. 1, Rule 130, Rules of Court, as
amended) explained, Object or (real)
evidence or Physical evidence is the
evidence of a highest order. It speaks more
eloquently than a hundred witnesses
(People vs. Parcilla, SCRA 722). THIS IS
THE BEST FORM OF EVIDENCE.
 Object evidence does not refer to the
perception of the witness and recollection
of the perception. It is not a reconstruction
of past events a related by a witness on
the stand. Real or object evidence is not a
verbal description of something. It is
exactly what is name suggests.
 It is the real thing itself like the knife used
to slash the victim’s throat, the ring
actually stolen by the suspect, the bullet
extracted from the victim’s body, of the
blood splattered on the wall of the room
where the victim was found. Meaning, it
consists tangible things, like gun, a
broken glass, a piece of bloody clothing.
 Object evidence could provide a dramatic end to
a case. In one sensational American double
murder case committed in 1994 involving the
football great, O.J. Simpson, the court allowed the
prosecution to have the accused Simpson try on
glove which the prosecution claimed to have been
left by the murderer in the crime scene. After few
breathless moments, gasps from the audience
broke the silence in the court room when the
glove did not fit the hand of the accused.
 During the oral arguments before the jury, the
defense repeatedly chanted an argument that
proved powerful and effective: “IF IT DOESN’T FIT
YOU MUST ACQUIT” O.J. Simpson was acquitted.
 Physical evidence is a mute but eloquent
manifestation of truth, and it ranks high in our
hierarchy of trustworthy evidence – where physical
evidence runs counter to the testimonial evidence,
the physical evidence should prevail (Bank of the
Philippine Islands v. Reyes, 544 SCRA 206).
REQUISITES FOR THE ADMISSIBILITY OF
THE PHYSICAL OR OBJECT EVIDENCE
1. The admissibility of real or object evidence, like any
other evidence, require that the object be both relevant
and competent. To be relevant, the evidence must
have a relationship to the facts in issue. To be
competent, it must not be excluded by the rules or by
law. The legal basis of this requirement is sec. 3 of
Rule 128: Evidence is admissible when it is relevant to
the issue and is not excluded by the law or the rules.
2. For the object not to be excluded by the
Rules, the same must pass the test of
authentication. The threshold foundation
for real evidence is its being authenticated,
which means the actual object it is claimed
to be.
3. To authenticate the object, there must be
someone who should identify the object to be the
actual thing involved in the litigation. This
someone is the witness. An object evidence,
being inanimate, “cannot speak for itself”. It
cannot present in court as an exhibit.
4. It must be emphasized that every evidence,
whether it be a document or an object, needs a
witness.
 Physical evidence can be classified in
different ways. One common classification
is DIRECT AND INDIRECT evidence.
Direct evidence establishes proof of a facts
without any other evidence. Indirect
evidence only tends to incriminate a
person, like for instance, the suspect’s
footprints found near the crime scene.
 Indirect evidence is also called
circumstantial evidence, or evidence from
which inferences are drawn. A popular
myth is that circumstantial evidence will
not stand alone without other facts to
support it, but many convictions have been
obtained primarily on circumstantial
evidence.
The following are the different types of physical
evidence according the investigator’s point of
view
a. Corpus Delicti Evidence – it refers to the
object or substance which may be part of
the body of the crime; examples; weapons,
blood stains, body fluid, fingerprints,
footprints, discarded evidence.
b. Associative evidence – these are
physical evidence which link to a person
to a crime. The perpetrator may leave
some clues at the scene of the crime,
such as; weapon, fingerprints
impression, footprints, broken glass
from a car involved on a hit and run
incident.
c. Tracing evidence – these are physical
evidence which may help or assist the
investigator in locating or identifying the
suspect. Examples; plane ticket,
pawnshop receipt, scent, soil,
restaurant receipt and or parking ticket.
d. Circumstantial evidence
c. Tracing evidence – these are physical
evidence which may help or assist the
investigator in locating or identifying the
suspect. Examples; plane ticket,
pawnshop receipt, scent, soil,
restaurant receipt and or parking ticket.
d. Circumstantial evidence
e. Testimonial Evidence – the product or
outcome of the interview and interrogation
from which the witness, touched, smell,
taste, and hear is being asserted during
investigation or questioning. Testimonial
evidence includes the testimony of the
physicians or the doctor in court as an
ordinary witness or expert witness.
A. OPINION OF ORDINARY WITNESS
Sec. 50 of RULE 130, Rules of Court
The opinion of a witness for which proper basis is given,
maybe received in evidence regarding;
a. The identity of a person about whom he has adequate
knowledge;
b. A hand writing with which he has sufficient familiarity;
c. The mental sanity of a person which whom he is
sufficiently acquainted.
d. The person may also testify on his impressions of the
emotion, behavior or appearance of a person.
B. OPINION OF EXPERT WITNESS
Sec. 49 of Rule 130, provides that the opinion of a
witness on a matter requiring special knowledge,
skill, experience or training which he is known to
possess maybe received in evidence.
Documentary evidence Rule 130, Rules of Court)
– typically includes written material, audio
recording and videos.
Meaning of Documentary Evidence
(document as evidence) – Another category of
evidence is documentary evidence. Documents,
as evidence, do not exclusively refer to writings.
They may refer to any other material like objects
as along as it contains letters, words, numbers,
figure, symbols or other modes of written
expression and offered as a proof of their
contents.
Therefore, two categories of documents as
evidence namely;
a. Writings;
b. Any other material containing modes of
written expression
EVIDENCE OBTAINED FROM MECHANICAL
ACTS:
Mechanical acts are human actions which do not
involved the use of mental processes.
They are admissible in evidence as they do not
violate the rights of the accused against self-
incrimination. The police can force the accused to
do the mechanical acts without incurring liability.
EXAMPLE:
1. Physical examination of the accused
2. The accused could be required to stand up in court
for purposes of identification
3. To appear at the scene of the crime
4. To put a surgical glove on his hand to see to it if it
fits him
5. To put a handkerchief over his face
6. To stand up and remove his eyeglasses
7. To remove his shirt and coat to permit the court to see
scars on his body
8. To exhibit his both hands and arms to show tattoo
marks thereof which previous witness has sworn they
were.
9. To discharge prohibited drug from his mouth
10. To submit to a face shaving and cut for purposes of
identification
11. To submit to a scientific examination for alcoholic test
12. To remove any article which denies that opportunity for
observation which commonly existed for those coming in
contact with him, such, as his hat or article or dress hiding
face
13. To allow the taking of any portion of substance from his
body
14. To be fingerprinted, photographed and measured
15. To be paraffin tested
16. To submit to police line-up
17. To submit to drug testing
NOTE: The right to counsel is not required in a police
line-up, in as much as police line-up is not part of the
custodial inquest. Neither may this right be invoked
when the suspect is given a paraffin test, as he is not
yet under custodial investigation. The suspect is
likewise not entitled to the Miranda rights when he is
merely photographed or paraffin test-tested. (People
of the Philippines v. de Guzman, 224 SCRA 93;
People of the Philippines v. Lamsing, 24 SCRA 471)
EVIDENCE OBTAINED FROM MENTAL ACTS:
Mental is any human action which requires the use or
application of mental faculties or processes to make
the specific act. They are inadmissible in evidence if
obtained through coercion or compulsion as it
violates his right against self-incrimination. However,
if there is a valid waiver of his right, it is admissible in
evidence.
EXAMPLE:
1. Ordering a person to write in order to get his hand writing
specimen
2. Ordering a person to speak and answer questions
3. Submitting a person to lie detector examination and
answer questions
4. In the re-enactment of the crime at the scene by ordering
the accused to demonstrate how he committed the crime
5. Taking the dictation for the purpose of detecting his
participation in a crime
 CRIME SCENE INTEGRITY AND CONTAMINATION OF
EVIDENCE
The value of evidence is directly affected by what
happens to it immediately following the crime. Evidence
in an unprotected crime scene will degrade, diminish or
disappear over time unless collected and preserved.
Recalling LACARD’S principle of exchange, the very act
of collecting evidence, no matter how carefully done will
results in a post-crime transfer of material-
CONTAMINATION.
INTEGRITY OF EVIDENCE refers to the
requirements that any item introduced in court must
be in the same condition as when it was found at the
crime scene. This is documented by the CHAIN OF
EVIDENCE, also called the CHAIN OF CUSTODY
OF EVIDENCE: documentation of what happened to
the evidence from the time it was discovered until it is
needed in court, including every person who has had
custody and why.
The value of evidence may also compromise by
improper collection, handling or identification.
Therefore, investigators’ evidence processing
skills are extremely important.
 PROCESSING EVIDENCE: MAINTAINING THE CHAIN OF
CUSTODY FROM DISCOVERY TO DISPOSAL

Collecting of physical evidence is not enough. To be of

value, the evidence must be legally seized and
properly processed. Of importance at this point is
processing evidence correctly. This includes
discovering, recognizing, collecting, recording and
identifying it; packaging and storing it; examining it;
exhibiting it in court; and disposing of it when the case
is closed.
 DISCOVERING OR RECOGNIZING EVIDENCE
During a crime scene search, it is often difficult to
determine immediately what is or might be evidence.
Numerous objects are present, and not all evidence.
To determine what is evidence, first consider the
apparent crime. Then look for any object unrelated
or foreign to the scene, unusual in location or
number or damaged or broken or whose relation to
other objects suggest the pattern that fits the crime.
If you see property out in the open (in plain view),
that’s immediately recognizable as relating to a crime,
chances are you can legally seize it. The investigator
is required to gather all evidence that helps establish
guilt or innocence. Officers must, however, be aware
of the risks inherent in both over and under
disclosure. Over-disclosure could unnecessarily
muddy the waters of the case and in some cases,
harm the reputation of a witness officer.
Under-disclosure would deprive the original
defendant of his constitutional right to a fair trial and
could even lead to civil liability for law enforcement.
The investigator must use common sense in what is
or might be evidence.
The importance of physical evidence depends on its
ability to establish that a crime was committed and to
show how, when and by whom.
Logic and experience help investigators determine
the relative value of physical evidence. Evidence in
its original state is more valuable than altered or
damaged evidence. Probabilities play a large role in
determining the value of evidence. Fingerprints and
DNA, for example, provide positive identification. In
contrast, blood type does not provide positive
identification, but it can help eliminate a person as
suspect.
A STANDARD OF COMPARISON is an object,
measured or model with which evidence is compared
to determine whether both came from the same
source. Fingerprints are the most familiar example of
evidence requiring standard comparison. A fingerprint
found at a scene must be match at known print to be
of value. Likewise, a piece of glass found on a
suspect’s coat pocket can be compared with a glass
collected from a window pane broken during a
robbery.
Sometimes to detect evidence, the human eye
needs assistance. Tools and techniques available
to enhance evidence detection include forensic light
source and three-dimensional (3-D) technology.
FORENSIC LIGHT SOURCE – forensic light
sources (FLS) also called alternative light source
(ALS) are becoming popular and easier to use.
An FLS that works the principle of ultraviolet
florescence, infrared luminescence or laser light
can make evidence visible that is not otherwise
detected by naked eye, such as latent prints, body
fluid and even altered signature.
ULTRAVIOLET (UV) LIGHT is the invisible energy
at the violet end of the color spectrum that causes
substances to emit visible light. Commonly called
fluorescence.
Evidence that fluorescence or glows is easier to see-
sometime thousands of times easier. For some kinds
of hard to see evidence – small amount of semen, for
instance, or fibers--- an FLS is the only practical way
to make the invisible visible. A portable long-wave UV
– light source can illuminate latent prints on several
types of objects. Evidence is then exposed to
superglue (cyanoacrylate), then stained or dusted.
After this, it can be viewed under UV light source.
LASER can also assist in investigations: evidence
collection has benefited greatly from laser. They can
be used from trajectory analysis, measurement and
evidence collection in and out of the lab. Because of
their high intensity light beam compared to alternative
light source (ALS). Laser are also capable of
uncovering evidence often missed by the ALS and
are able to show evidence in greater details and
clarity, without spraying or special treatment.