The exclusionary rule is found under Section 3 (2), Article III of the 1987 Constitution,

to wit: Section 3. (1) The privacy of communication and correspondence shall be

inviolable except upon lawful order of the court, or when public safety or order requires
otherwise as prescribed by law. SEC.5. Arrest without warrant; when lawful. - A peace officer or
a private person may, without a warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually committing,
or is attempting to commit an offense;

(b) When an offense has just been committed and he has probable cause to believe based
on personal knowledge of facts or circumstances that the person to be arrested has
committed it; and

(c) When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily confined while his
case is pending, or has escaped while being transferred from one confinement to another.

In cases falling under paragraphs (a) and (b) above, the person arrested without a warrant shall be
forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance
with Section 7 of Rule 112.

The aforementioned provision provides three (3) instances when a warrantless arrest may be
lawfully effected: (a) arrest of a suspect in flagrante delicto; (b) arrest of a suspect where, based on
personal knowledge of the arresting officer, there is probable cause that said suspect was the
perpetrator of a crime which had just been committed; ( c) arrest of a prisoner who has escaped
from custody serving final judgment or temporarily confined during the pendency of his case or has
escaped while being transferred from one confinement to another.  26

For a warrantless arrest under Section 5 (a) to operate, two (2) elements must concur, namely: (a)
the person to be arrested must execute an overt act indicating that he has just committed, is actually
committing, or is attempting to commit a crime; and ( b) such overt act is done in the presence or
within the view of the arresting officer.   On the other hand, Section 5 (b) requires for its application
27

that at the time of the arrest, an offense had in fact just been committed and the arresting officer had
personal knowledge of facts indicating that the accused had committed it. 28

In both instances, the officer's personal knowledge of the fact of the commission of an offense is
absolutely required. Under Section 5 (a), the officer himself witnesses the crime; while in Section (b),
he knows for a fact that a crime has just been committed.  29

A judicious review of the factual milieu of the instant case reveals that there could have been no
lawful warrantless arrest made on Comerciante. P03 Calag himself admitted that he was aboard a
motorcycle cruising at a speed of around 30 kilometers per hour when he saw Comerciante and
Dasilla standing around and showing "improper and unpleasant movements," with one of them
handing plastic sachets to the other. On the basis of the foregoing, he decided to effect an arrest.
P03 Calag's testimony on direct examination is revelatory:
Fruit of the Poisonous Tree Doctrine

- fruit of the poisonous tree

Primary tabs
Fruit of the poisonous trees is a doctrine that extends the exclusionary rule to
make evidence inadmissible in court if it was derived from evidence that was illegally
obtained. As the metaphor suggests, if the evidential "tree" is tainted, so is its "fruit." The
doctrine was established in 1920 by the decision in Silverthorne Lumber Co. v. United
States, and the phrase "fruit of the poisonous tree" was coined by Justice Frankfurter in his
1939 opinion in Nardone v. United States. The rule typically bars even testimonial evidence
resulting from excludable evidence, such as a confession.
Like the exclusionary rule itself, this doctrine is subject to three important exceptions.
The evidence will not be excluded:

1. if it was discovered from a source independent of the illegal activity;

2. its discovery was inevitable;
3. or for evidence found as a result of excludable, voluntary testimony from the
defendant.

Further, if the primary evidence was illegally obtained, but admissible under the good faith
exception, its derivatives (or "fruit") may also be admissible.
-***Otherwise known as the exclusionary rule or the fruit of the poisonous tree doctrine, this
constitutional provision originated from Stonehill v. Diokno. This rule prohibits the issuance of
general warrants that encourage law enforcers to go on fishing expeditions.
-***The “fruit of the poisonous tree” is a doctrine that is very similar to the exclusionary rule.
Under the fruit of the poisonous tree doctrine evidence obtained from illegal arrest, search or
seizure is not admissible in the court of law. 

Prima Facie Evidence

What is a prima facie example?

Prima facie evidence in law is sufficient to establish the fact unless questioned. For
example, when buildings are set on fire by sparks emitted from a train engine passing along the
road, it is prima facie evidence of negligence on the part of the train company.

Prima facie evidence means that proof of the first fact permits, but does not require, the fact
finder, in the absence of competing evidence, to find that the second fact is true beyond a
reasonable doubt.
Corpus Delicti

Corpus delicti is very important in investigations and criminal cases. Basically, the rule states
that there should be enough evidence -- either in the form of a body or in other forms -- to prove
that a crime took place before an individual can be charged with that crime.

Cross Examination

What is the purpose of cross-examination of a witness?

Cross-examination gives the opposing party an opportunity to point out the weaknesses
of a witness's testimony, like holes in their story or a lack of credibility. However, the
attorney conducting the cross-examination may not ask questions outside of scope of
the direct examination.

Preserving the Crime Scene

Preserving of Evidence

Why is it important to properly preserve an evidence?

From crime scene to forensic laboratory to courtroom, all evidence must be identified,
inventoried and secured to preserve its integrity. It is important to demonstrate that
the evidence introduced at trial is the same evidence collected at the crime scene and
that access was controlled and documented.

Chain of Custudy

Chain of custody, in legal contexts, is the chronological documentation or paper trail that records the
sequence of custody, control, transfer, analysis, and disposition of materials, including physical or
electronic evidence. 

Definition/Introduction
The chain of custody is the most critical process of evidence documentation. It is a must to
assure the court of law that the evidence is authentic, i.e., it is the same evidence seized at the
crime scene. It was, at all times, in the custody of a person designated to handle it and for which
it was never unaccounted. Although it is a lengthy process, it is required for evidence to be
relevant in the court. The continuity of possession of evidence or custody of evidence and its
movement and location from the point of discovery and recovery (at the scene of a crime or from
a person), to its transport to the laboratory for examination and until the time it is allowed and
admitted in the court, is known as the chain of custody or chain of evidence.

Issues of Concern
Importance of the Chain of Custody
The chain of custody proves the integrity of a piece of evidence.[1] A paper trail is maintained so
that the persons who had charge of the evidence at any given time can be known quickly and
summoned to testify during the trial if required.
A record of the chain of evidence must be maintained and established in the court whenever
presenting evidence as an exhibit.[2] Otherwise, the evidence may be inadmissible in the court
leading to serious questions regarding its legitimacy, integrity, and the examination rendered
upon it.[3] The chain of custody needs to document every transmission from the moment the
evidence is collected, from one person to another, to establish that nobody else could have
accessed or possessed that evidence without authorization. Although there is no limit on the
number of transfers, it is crucial to keep this number as low as possible.
Evidence requires conscientious handling to avert tampering. The chain of custody is said to be
the sequential documentation or trail that accounts for the sequence of custody, control, transfer,
analysis, and disposition of physical or electronic evidence. The goal is to establish that the
evidence is related to the alleged crime, was collected from the scene, and was in its
original/unaltered condition rather than having been tampered with or "planted" deceitfully to
make someone seem guilty. The chain of custody maintains the integrity of the sample. The
traceability of the record of the control, transfer, and analysis of samples indicates the
transparency to the procedure.[4]
Maintaining the chain of custody is critical in forensic practice.[5] This step of documentation is
vital because everything done for the examination and analysis of the evidentiary sample must be
authorized and recorded. The liability for the condition rests with everyone coming in contact
with it. The documentation should be comprehensive with information regarding the
circumstances of evidence collection, the people who handled the evidence, period of the
guardianship of evidence, safekeeping conditions while handling and/or storing of the evidence,
and how evidence is handed over to subsequent custodians every time a transfer occurs (along
with the signs of individuals involved at the respective stage). It prevents police officers and
other labs/law officials involved from tainting the evidence or misplacing the piece of evidence
as it would eventually be traceable back to them, and they would be held responsible for the
same.[6]
Go to:

Clinical Significance
The Relevance of the Chain of Custody Documentation
The documentation of the chain of custody serves three primary purposes; to ask relevant
questions regarding the evidence to the analytical laboratory, to maintain a record of the chain of
custody, and to document that the sample/evidence was handled only by approved personnel and
was not accessible for tampering before analysis.
The investigator or the person responsible for collecting evidence must complete the labels of the
sample container/bags and the chain of custody forms to enable tracking of the sample. Each
sample container label must receive a unique identification code and other relevant information
such as location, date and time of collection, the name, and signature of the person who collected
the sample, and signature of the witness(es). It is vital that the evidence is appropriately packed
to avoid damage during transport and must be preferably sealed in tamper-evident/resistant bags
or with tamper-evident tapes.
A separate chain of custody form must accompany different evidence bags. The chain of custody
form shall at least include the following information:
 Unique identifier
 Name and signature of the sample collector
 Official address and contact number
 Name of the recipient
 Laboratory's address
 Details of each sample, including:


o Unique identifier and matrix

o Date and time of collection
o Type of analysis required
 Signatures of everyone involved in the chain of possession with date and time
 Date and method of delivery
 Authorization for the analysis of the sample
 Any other information about the sample

Mug Shot Personal Details or information & case number

Rouges Gallery

A rogues' gallery (or rogues gallery) is a police collection of mug shots or other images of

criminal suspects kept for identification purposes.

a collection of pictures of persons arrested as criminals. also : a collection or list likened to a

rogues' gallery.

A rogues' gallery is a collection of photographs of criminals that is kept by the police and used
when they want to identify someone. You can refer to a group of people or things that you
consider undesirable as a rogues' gallery.
How e rogue gallery system helped the PNP in their law enforcement job?
Through the PNP e-Rogues Gallery System, the records of an individual or a
suspect wanted for a crime in one locality can be instantly accessed by a police
station in another locality with just a click of their fingers at the system.
How e rogue gallery system helped the PNP in their law enforcement job?
Through the PNP e-Rogues Gallery System, the records of an individual or a
suspect wanted for a crime in one locality can be instantly accessed by a police
station in another locality with just a click of their fingers at the system.
How e rogue gallery system helped the PNP in their law enforcement job?
Through the PNP e-Rogues Gallery System, the records of an individual or a
suspect wanted for a crime in one locality can be instantly accessed by a police
station in another locality with just a click of their fingers at the system.
How e rogue gallery system helped the PNP in their law enforcement job?
Through the PNP e-Rogues Gallery System, the records of an individual or a
suspect wanted for a crime in one locality can be instantly accessed by a police
station in another locality with just a click of their fingers at the system.

What is re direct examination in criminal law?

Redirect is the examination of your own witness after he has been cross-examined
by your adversary. While trial lawyers often painstakingly prepare for direct and cross-
examination, far too little attention has been given to this crucial phase of trial.

The direct examination or examination-in-chief is one stage in the process of adducing evidence

from witnesses in a court of law. Direct examination is the questioning of a witness by the
lawyer/side/party that called such witness in a trial. Direct examination is usually performed to
elicit evidence in support of facts which will satisfy a required element of a party's claim or defense.
In direct examination, one is generally prohibited from asking leading questions. This prevents a
lawyer from feeding answers to a favorable witness. An exception to this rule occurs if one side has
called a witness, but it is either understood or becomes clear, that the witness is hostile to the calling
lawyer's side of the controversy, the lawyer who called the witness may then ask the court to declare
the person on the stand a hostile witness. If the court does so, the lawyer may thereafter ask witness
leading questions during direct examination.
The techniques of direct examination are taught in courses on trial advocacy.[1] Each direct
examination is integrated with the overall case strategy through either a theme and theory or, with
more advanced strategies, a line of effort.[2]
  A commercial photographer is someone who shoots images that help their clients sell their
products or services. They may work alone or as part of a team. If working alone, they are often
tasked with coming up with concepts that help bring their clients' vision to life.

As a press photographer, you'll take photographs to record news, current events and lifestyle
stories. Your aim will be to capture the best images to document an event, tell a story or convey
a message and support the printed word. The pictures are then reproduced in newspapers,
magazines and online.

Every Photographer is a Journalist but Not Every Journalist is a Photographer! There is one

word that every journalist uses more than any other, and that word is “Why?” It is the starting
point of knowledge, the question that begins an inquiry and the beginning of a process of
understanding.

A forensic photographer is a type of forensic science technician who specializes in

documenting crime scenes. You can explore a typical forensic photographer job
description here and then learn about the pathway toward becoming a professional
crime scene photographer.

The Role of a Forensic Photographer

The careful and thorough documentation of a crime scene is one of the most
important tasks in the process of identifying and apprehending a suspect. Forensic
photographs offer an objective and accurate look at the crime scene, allowing
investigators to analyze it later for the purpose of identifying the victim, possible
suspects and even the motive.

Meticulous crime scene documentation is also essential for prosecuting defendants.

As you can see, forensic photographers play an important role in the criminal justice
system.

A Typical Forensic Photographer Job

Description
Forensic photographers follow a careful process of documentation and scene
preservation. The process begins with making sure the police officers have secured
the crime scene. Many forensic photographers like to walk through the scene to get
a basic understanding of:

 What has happened there

 What types of physical evidence are apparent
 How best to photograph the scene
 During the walk-through, the photographer must be careful not to disturb the scene
or any evidence. Then, the photographer begins documentation by taking a series of
crime scene photos from multiple angles, including:

 Wide-angle shots to capture the scene in its entirety (if possible)

 Mid-range shots to show where various pieces of evidence are in relation to each
other and the whole scene 
 Close-up shots of evidence, including shell casings, skid marks, blood spatter and
similar items

When taking photographs, it’s important to place items in proper context. For this
reason, crime scene photographers may lay rulers alongside evidentiary items to
indicate their size.

As they document the scene, forensic photographers take copious notes. They often
write basic descriptions of the pictures as they take them. For example, if you are
taking a shot of a pair of shoes, your description might read, “Black loafers found
three feet away from the inside of the front door.”

Measurements can be critically important in crime scene documentation. Some

forensic photographers or other forensic science technicians still make crime scene
sketches by hand, despite the availability of digital technology. After sketching the
scene, the photographer can use a laser distance meter to measure the distance
between objects, and then record the measurements on the sketch.

How To Become a Forensic

Photographer
A forensic photography career is a great option for individuals who prefer to enter the
job marketplace sooner, rather than staying in academia for many years.

If you’re still in high school, you can schedule an appointment with your guidance
counselor to discuss your career aspirations and your current course load. Your
guidance counselor can recommend some courses that can help you prepare to
study forensic science and photography in college.

All types of forensic science technicians, including forensic photographers, can

benefit from a solid foundation of knowledge in courses such as:

 Biology
 Chemistry
 Biochemistry
 Physics
 Mathematics
 Take as many STEM courses as possible, but also look for artistic options,
preferably a photography course. If your high school doesn’t offer a photography
course, you may be able to join a photography club or find some relevant workshops
in your local community.

As you approach your high school graduation date, it’s time to start sorting through
your options for college. Look for a school with a comprehensive forensic science
degree program. In addition to learning about forensic photography in school, you’ll
want to brush up on your skills outside of class as much as possible, such as by
joining a photography club.

It’s not necessary to earn a master’s degree before getting to work as a forensic
photographer. Upon graduating with your bachelor’s degree in forensic science,
you’ll be ready to look for your first professional job. However, after you’ve acquired
some work experience, you may want to pursue voluntary certification to enhance
your job qualifications and potentially get promoted.

Should You Earn a Photography Degree

or a Forensic Science Degree?
When you look at a typical forensic photographer job description, you’ll see that it
requires a blend of both photography skills and forensic science knowledge. This
raises the question: Which type of degree should you earn?

Although an aspiring forensic photographer does certainly need photography skills,

it’s arguably more important to have in-depth knowledge of how to safely navigate a
crime scene without potentially jeopardizing crucial evidence.

A forensic photographer needs to know how to correctly photograph an entire scene

and should know how to document it while ensuring that its size and location are
evident from the photographs.

Because of the need for in-depth crime scene knowledge, it’s generally preferable for
an aspiring forensic photographer to earn a forensic science degree from a program
that includes a course in forensic photography and crime scene reconstruction.
During this type of course, students should be introduced to the accepted
approaches to photographing a crime scene under a range of different conditions.

The curriculum for a typical forensic science degree program is also likely to include
the following:

 General science courses in biology, biochemistry and physics

 Crime scene processing techniques, including photography, rough sketch and
refined sketch
 The recovery of evidence at crime scenes and their analysis in the crime lab
 Forensic toxicology and analytical methods
 Forensic DNA analysis, including serology and STR analysis techniques

Because forensic science degrees require laboratory classes in addition to

classroom lectures, you won’t be able to complete your degree entirely online.
Depending on the school you choose, you may be able to enroll in some non-lab
courses via the school’s online program.

Although the classes for your forensic science degree will cover forensic
photography techniques, it’s also a good idea to take electives that support your
career goals. Look for electives in digital photography at your school.

In addition, you might consider checking resources (e.g., a local arts center) in your
area for off-campus photography workshops. During the summer, look for internship
and job opportunities that are relevant to either photography or forensic science.

Essential Skills and Characteristics of

Forensic Photographers
If you take a look at a typical forensic photographer job description, you’re likely to
see that these professionals are required to possess knowledge of photographic
processes and concepts. For example, photographers must know how to take
accurate photographs in difficult conditions such as poor lighting and bad weather.

They must also be familiar with various camera formats and films. In addition,
forensic photographers must understand how to preserve the integrity of a crime
scene and how to work properly with physical evidence.

Other important skills and characteristics are as follows:

 Attention to detail
 Critical thinking and analytical reasoning
 Communication skills
 Law enforcement knowledge
 Ability to view crime scenes objectively
 Flexibility to work irregular hours

You can begin working your way toward pursuing a rewarding career as a forensic
photographer or another type of forensic science technician when you apply for
enrollment at Grand Canyon University. The College of Science, Engineering and
Technology is pleased to offer the Bachelor of Science in Forensic Science
degree program. Graduates emerge with foundational competencies in the field,
including skills in forensic photography, physical evidence analysis, toxicology and
many other essential areas.