Forensics, in the appreciation of evidence
Board of Criminologist.
Forensic science is the application of science in criminal case
during criminal investigation as governed by the Rules on
evidence or criminal procedure
Forensic scientists collect, gather, preserve and analyze
scientific evidence during the course of an investigation.
Forensic experts can also testify as an expert witness for the
prosecution or defense (Huebert Webb case)
Ancient forensic serology (1235), a Chinese death investigator
lined up suspects and watched as flies gathered around one
man and his sickle
Qualification of Witnesses – Section 21, Rule 130
All persons who can perceive and perceiving, can make known
their perception to others may be witnesses.
Ordinary witness- use of basic senses
Professional witness; fact witness- findings based on
examination
Expert witness – with interpretation, professional opinion
(case of Jennifer Laude)
RA 6506- only a licensed criminologist is allowed to practice
Questioned Document Examination. The law defined
criminologist as “any person who is a graduate of criminology,
who passed the examination given by PRC, registered by the
Positive Identification refers to the evidence that a particular
person is involved in an event. It is also called “eyewitness
evidence.” However, the term pertains essentially to proof of
identity and not to that of being an eyewitness.
Positive Identification is not similar to “evidence of
resemblance”
Evidence of resemblance alone is not sufficient to sustain a
conviction and forms part of a circumstantial case.
Evidence of resemblance – medyo kamukha lang
Rules in PH
Prosecution
Positive Identificaiton
Testimony must be credible. It must proceed from the mouth
of a credible witness.
Pp v. Lejano – The identification was incredible due to
inconsistencies and improbabilities and theres= was no
adequate positive i
Pp v. Villarico
Pp v. Teehankee
Mistaken Identity
Inherent difficulties v. over readiness
Credibility v. reliability
Confidence v. accuracy
Ultimate accuracy
How Mistaken Identity Eye Witness Identification Occur
Curing the crime itself – it may be too dark, encounter may be
too brief
During investigation – witness is confronted with series of
photographs or physical line-up and the witness is expected to
pin point the person to solve the crime.
During trial itself – an eyewitness may be observed to be
confident and straightforward
Child witness – are presumed qualified and competent witness
under the Rule on Examination of a Child Witness
-leading questions are allowed during direct examinations
Deaf mute is not incompetent a witness (Pp v. Tuangco)
-in pp v. de leon, the testimony of the deaf mute through a
certified sign language interpreter is given weight thus, deaf
mutes are competent witnesses where they: can understand
and appreciate the sanctity of an oath, can comprehend facts
they are going to testify, can communicate
Photographic identification procedure (pp v. pineda)
Preservation of evidence is very vital in resolving a case
Chain of custody
Death and autopsis

Memory

Encoding – acquisition of information

Storage – according to studies, memory fades as the retention
interval

Mistake factors
Frailities of witness – stress pressure influence
Circumstances the observation is made – familiarity; brevity of
observation, lighting and obstruction; distance
Length of time