Social and Legal Context of Crime

In a social context, crime refers to any act considered as wrong or that violates the standard norm of
the society. Socially, the term act means that there must be an overt bodily movement. Overt meaning it
can be seen or observed. Here, an act is a crime when

1. The act committed is wrong such that the act performed injuries or otherwise deprive the individual
of their lives (killing a person) or property (stealing something); or
2. The act violates the standard norm meaning the society itself considered the act as a crime.

There are cases in which a country or its culture dictates whether or not an act is a crime, then it
suggest that the territorial rule or governance prevails primarily, and as such, the definition of the
term” crime” may vary in every place.

Example:

1. Where the country is the dictating factor

a. The act selling marijuana is a crime in the Philippines but not in Netherlands and Spain.
2. Where the culture is the dictating factor
a. The practice of other tribes in killing a person as an act of revenge is not a crime.
b. Blood feuds between two rival families or tribes. Blood feud is the act of killing between two
clashing clans or tribes that may result to injury or killing as a form of retaliation.

On the other hand, crime in the legal framework is the primary based on the laws or the land. Law
is defined as the system of rule embodied by different principles that bind the practice or action
concerning human conduct. In the Philippines, laws are made by those who are in authority as set and
provided by the 1987 Philippine Constitution which is deemed as the highest and supreme law of the land.
As a rule, no law should be passed in contrary to the constitution.

Meanwhile, under Philippine jurisprudence, crime in legal perspective is defined as an act or

omission in violation of the law. In the eyes of the law, crime can be committed either:

1. Through an act performed by the offender that is in contrary or violates the law; or
2. Through omission by which the offender fails to perform a certain action as required by law.

Examples:

1. Through an act performed by the offender

a. Theft (Article 308, RPC)
b. Robbery (Article 293,RPC)
c. Homicide (Article 249, RPC)
d. Murder (Article 248, RPC)
e. Illegal Possession of Firearm (Presidential Decree 1866 as amended by Republic Act
8294)
f. Human Trafficking (Republic Act 9208 as amended by Republic Act 10364)
2. Crime by omission
a. Delaying release (Article 126, RPC)
b. Other cases of Evasion of Service of Sentence (Article 159, RPC)
c. Failure to make delivery of public funds or property (Article 221, RPC)
d. Refusal of assistance (Article 233, RPC)
 As crime refers legally and generally to an act or omission that violates the law, some terms must
also be noted as they might be confusing and interchange with the word crime, such as:

 Felony- these are crimes that violate the Revised Penal Code (Act 3815)
 Offense- these are acts which were defined as crime as a result of the special law enacted
by legislatures.
 Misdemeanor- these are minor violations or infractions not tantamount to serious injuries or
damages.

Revised Penal Code and Special Penal Code

Note the Revised Penal Code (RPC) defines those acts as crime, in which by nature are wrong or
evil (mala in se) as well as provide their nature, penalty, and elements. Some of these crimes include
murder, homicide, theft, and robbery. On the other hand, Special Laws are those that identify an act as a
crime (mala prohibita) as a result of enactment of the laws are crafted by congress in the form of Republic
Acts. Acts defined as a These are crimes other than those enumerated under the Revised Penal Code.

An offender refers to any person accused or otherwise charged of a crime either through an act or
omission. In the course of investigation, all available means must be exhausted to prove the allegation
that will be brought before the trial court against the offender. Investigation refers to the systematic
examination to crack and solve an allegation. Allegation on the other hand refers to the contention that
someone had committed a crime. It must be noted that it is the primary job of the investigator to gather
evidence needed to solve the case and the process of employing the different investigative techniques will
be discussed in the succeeding chapters.

Criminal Responsibility and Investigative Police Power

Criminal responsibility is the obligation of a person for the charges as a result of his criminal act.
Since crime in its social context includes the culture of a certain group, the investigator must remember
that each culture may vary and shift from one another. For better understanding, culture in simple term
refers to characteristics of a certain group of people which commonly include their ways of living,
language, religion, social habit, beliefs, attitude, and other traits whereby people from another culture will
recognized them.

Example: The criminal responsibility of one person who killed someone as a result of vengeance
may shift the blame to the first actor who committed wrong first. Hence, investigator must also be
knowledgeable to the society where the latter belongs.

The question is that, if the fundamental bases in the process of criminal investigation are the laws
of the land, then would it allow that the culture of someone aggrieved to roll out?

Well again it varies accordingly. In the Philippines setting, Presidential Decree 1508 as amended
cited that “the customs and traditions of indigenous cultural communities shall be applied in settling
disputes between members of the cultural communities” (paragraph 3, section 412 of RA 7160).
Therefore, the investigator should also be reminded of this practice and be sensitive enough in assisting
the prosecution of the case if feasible.

Moreover, criminal responsibility is also affected by some other factors such as age or soundness of
the mind of presumed criminal. Specifically, these are minors and lunatics. Technically, the term minor,
child or children refers to someone who is not yet in their puberty stage. Puberty on the other hand is the
stage wherein the child is already capable of reproduction. Legally, child is defined as any person below
the age 18 years (paragraph 5, section 4, RA 9344 as amended) while children is legally defined as refer
to persons under eighteen (18) years of age or those over, but are unable to fully take care of themselves
or protect themselves from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or
mental disability or condition (paragraph 1, section 3, RA 7610).

On the other hand, lunatics are those individual whose minds are in the state of sickness or ill.
These are those individuals who cannot decide on their own and cannot take good care of themselves even
if they are already above the age of emancipation. Age of Emancipation simply means as the life stage of
the individual whereby parental authority over him ceases. In the Philippines, the age of emancipation is
18 years of age.

According, Republic Act 9344 as amended provides that child/children who is/are 15 years old and
below during the commission of the crime shall automatically exempt the child from criminal responsibility.
Hence, the latter cannot be prosecuted. However, investigators must be alert as t6here could be someone
using this defense to manipulate and control the child to commit a crime. Investigation therefore should
focus now on those who are manipulating these young beings.

It is obvious that criminal investigation requires patience and effort as society is dynamic and
changing along with the law that provides the mandate of its enforcement.

Investigative Police Power

Furthermore, law enforcement agencies primarily the Philippine National Police as the primary
police force in the country are vested with the power to effect investigation of cases as a result of crime
commission. Police Power is necessary as it is one of the regulatory means of the government to control,
maintain and ensure that the conduct of its people is within the bounds of the law. Investigative Police
Power is defined as the capacity of the police to initiate investigation of cases which violates the law.

It is mandatory obligation of the police to conduct an investigation as it is one of their primary

functions. While the state provides the police with the power to conduct investigation of cases; however,
this also constraints their capability and lengthen the time to finish investigating certain case the state
also recognizes and protects the fundamental rights of every person subjected to investigation and
maintain the principle of presumption if innocence. Presumption of Innocence is based on the principle
that every person subjected to a criminal case is deemed considered innocent unless proven to be guilty
beyond reasonable doubt. Beyond reasonable doubts a principle which states that a person is guilty based
on moral certainty. Moral certainty in a sense that a person is proven guilty based on how the court
appreciated the evidence presented during trial which produces a conviction. Conviction on the other hand
is a judgement rendered by the trial court that the accused person is guilty of the crime charged against
him.

As the law provides the objectives of criminal investigation, it is also the one that dictates and
control their conduct. Objective as use in the text refers to the direction and end- purpose of criminal
investigation needed to solve the case.

Substantive and Procedural Criminal Investigation

Substantive Criminal Investigation refers to the knowledge, nature, and implication of different
crimes that investigator should know and possess. It must be noted that the elements of every crime
should be considered as they will guide investigators regarding the proper charge that should be brought
before the prosecution office. On the other hand, Procedural Criminal Investigation refers to the
knowledge regarding the rules on how pieces of physical evidence should be possessed in order to
maintain its integrity during the presentation and be given credit by the trial court. Take note, physical
evidence refers to any material or substance which is found in the crime scene and has a logical
connection to the offense charged and which aids the investigator in solving the crime. Crime scene is
simply the area where the crime took place and where all pieces of physical evidence where gathered and
collected.

Admissibility of Evidence

Evidence in any crime incident dictates the outcome of the case as a result of criminal investigation as
these are the primary source that will serve as the bases in prosecuting the person who will be held for
trial. Evidence also play a vital role in the determination of guilt or innocence of the accused who is
referred to as a person brought before the court of law for trial. In the processes of its collection, those
gathered property will be admitted during court presentation while rejecting those any or not.

In the Philippines, the Revised Rules of Court provides for the equipment as to how individual evidence
will be admitted such that:

1. Evidence must be relevant- evidence is relevant to the matter under investigation if it has a logical
connection to the fact in issue brought before the court (gun is a relevant evidence in shooting
incident); and
2. Evidence must be competent- evidence is competent when it does not violate any procedural
requirement during the gathering or collection of such evidence or that it is not excluded by the
laws (shabu seized with a warrant is a competent evidence).

Under the law, there are three general classification of evidence that investigator must remember such
as:

1. Objective evidence- an evidence which by its nature can be brought before the court as these are
the actual materials that are recovered from the crime scene. These are also evidence which
directly addresses to the senses of the court.
2. Testimonial evidence- an evidence offered in the form of testimony either eyewitness in the
commission of the crime or those who have knowledge regarding its commission.
3. Documentary evidence- these are evidences in document form which includes some electronic
evidence such as text messages, chat messages, electronic mail and some other evidence which
are printable.

Other classes of evidence are as follows:

1. Direct Evidence vs Circumstantial Evidence

a. Direct Evidence- evidence which directly provides the case under investigation.
b. Circumstantial Evidence- these are combination of different events which if combined may
produce a conviction. Other known as indirect evidence.
2. Corroborative vs Cumulative Evidence
a. Corroborative evidence- these are evidences which have a different character from the one
previously offered.
b. Cumulative evidence- these are evidences which have a similar nature and character to the one
previously offered.
3. Positive vs Negative Evidence
a. Positive evidence- an evidence offered by a witness in which he clearly manifest that an event or
scenario exist or do not exist.
b. Negative evidence- an evidence offered by a witness in which he is not certain as to whether an
event or scenario exist or do not exist.
 4. Prima Facie Evidence vs Rebuttal Evidence

a. Prima facie evidence- an evidence offered which may produce a condition if no rebuttal evidence
can be shown.

b. Rebuttal evidence- an evidence offered to contradict an evidence previously offered.

CRIMINAL INVESTIGATION AND ITS PHASES

Criminal investigation is defined as art and science oriented toward identifying perpetrators,
launching operations to locate his/their whereabouts and gathering of evidence to prove their guilt during
criminal proceeding. Criminal investigation is deemed considered as an art since it involves the personal
qualities of the investigator as to how he will utilize different techniques and devise his own investigative
skills in order to apprehend the perpetrator. Science in a since that criminal investigation follows a logical
procedure, methods or process in order to arrive at a certain conclusion as to how the crime was
committed as well as to how he will provide evidence to prove the guilt of the perpetrator during criminal
proceeding.

The term perpetrator refers to the person suspected to have committed an act which is defined
by law as crime and whose identity was unknown to the police.

In the course of investigating crime, criminal investigation takes the following stages to ensure the
success of the case being handled namely:

1. Identify perpetrator/s- it is important in the first part of investigation to recognize as to who is the
perpetrator of the crime. It is mainly established as this will guide investigators as to who
committed the crime.
2. Locate his/their whereabouts- after identifying perpetrator, the next step is to trace his
whereabouts, which includes but is not limited to his place of residence, workplace, and hangout.
3. Provide evidence needed for his conviction- to successfully produce a conviction, investigators must
remember the rules in handling evidence so as to maintain its integrity starting from the crime
scene up until during court presentation.

Role and Qualities of an Investigator

The initiator of the investigative process primarily relies with the question “is the performed
constitutes a crime as defined by law” or “Is the law being violated”? If the answer is yes, then
investigators must exhaust all means to uncover the facts surrounding the commission of the crime. If
investigators find that crime was not committed or the act performed is not tantamount to a crime, then
obviously they should not interfere with the matter.

Meanwhile, investigators play an important role in the success of criminal investigation. As they are
primarily individual who gathers and collects relevant information concerning the crime and later on give
testimonial evidence in court. As such, they should possess the following qualities to become an effective
investigator:

1. Good communication- this refers to the capability of the investigator to interact both in written and
oral. This means that they can do effective interview either to the witness or suspect as well as be
able to write report when required to do so. Effective interview means fruitful interaction between
the investigator and the people as he gathers information without language problem.
 2. Active listener- this refers to the ability of the investigator to attentively hear the testimony given
by a witness and be able to identify the hearsay statement or false statement. Hearsay are those
statements made by the person who those not witness the actual commission of the crime while
false statement are those statement which are purely fictitious and are invented only by the
witness.

3. Critical thinking- this refers to the analytical skills of the investigator while he formulates
judgement based on the testimonies given by the witness and evidences gathered in the course of
investigation.

4. Work under pressure- this refers to the capacity of the investigator to go through the investigation
process despite of obstacles and hindrances that he may encounter such as but not limited to lack
resources, inadequate investigative leads and clues and others. Investigative leads refer to the
information gathered from people specially those who are within the immediate area where the
crime took place while clues refer to the pieces of sign and traces which helps in identifying
perpetrators.

5. Innovativeness- this refers to the flexibility and resourcefulness of the investigator in trying to
uncover the identity and location of the perpetrator. This includes finding all possible ideas that he
may take in the course of investigation.

6. Integrity- this refers to the honor and honesty of the investigator in solving the case and avoid
unethical issues that will discredit his image.

7. Knowledge about rules on evidence- this refers to the knowledge of the investigator about evidence
handling which include but not limited to preservation, marking, tagging, packing and the
requirements as to how such evidence will be admitted in court during presentation.

Moreover, these qualities should not be possessed only by an investigator but rather should be
enhanced in response to the changing society. This could be possible through different seminar and
training in line with an effective investigation.

Seminars are more in line with discussions or meetings while trainings are more inclined with
actual or practical exercises and demonstrations.

Approaches and Tools in Criminal Investigation

The manner how the investigator starts learning facts about the crime is significant in leading him
as to the motive of the perpetrator base on the arrangement of physical evidence in the crime at the time
they were seen for collection. Motive is the moving power and because that induces an individual to
perform an act which is defined as a crime. This manner how investigator starts learning facts about the
crime is referred as the approach in investigation.

Criminal investigation can be based on the following approaches considering the type of crime and
the manner how it was collected such that:
 1. Inductive approach- this approach in investigation follows a sequence from specific to general
such that investigators will look first at the pieces of evidence before concluding as to what crime is
committed.
2. Deductive approach- this approach in the investigation is contrary to the former as this starts
from general to specific such as investigators will first start looking at the body of the crime
(corpus delicti) before proceeding with the individual evidence as to how the crime was committed.

For better understanding, corpus delicti refers to the body of the crime or the fact that the crime
was committed. The following example illustrates the corpus delicti of the crime:

1. Dead body in the case of murder or homicide;

2. The stolen property in theft or robbery case; or
3. The deprivation of liberty of any person in case of kidnapping or serious illegal detention.

To aid those approaches, investigators must remember the tools in criminal investigation which
includes the following:

1. Information- refers to the data needed in the course of investigation. This will allow investigators
to gather facts needed to solve the case as this is considered as the lifeblood an essence of
investigation.

2. Interview and interrogation- both are similar in terms of their purpose- to acquire information.
However, they differ in the manner as to how they gather and collect information such that
interview is done in a simple manner of questioning and mostly done among complainant, victims,
or witness. Interrogation on the other hand is intrusive or antagonistic in its approach as it
questions commonly suspect, accused or hostile witness.

3. Instrumentation- refers to the process of employing scientific instruments in crime detection

such as but not limited to bullet comparison microscope, fingerprint comparator, polygraph
machine and the like.

In addition, tools of investigation refer to the data or methodology used or employed from the
beginning up to the ending phase of the investigative processes.

Cardinal Points and Methods of Identification

A series of questions and procedures should be set in order to produce a fruitful result. In the
conduct of investigation, the investigator must note the cardinal points in criminal investigation that
address the following questions:

1. What act was performed in which the law defines it as crime?

2. Who committed the act in which the law defines it is a crime?
3. Where did this act, as defined by law as a crime, happen?
4. When did this act, as defined by law as a crime, happen?
5. Why was this act, as defined by law as a crime, performed?
6. How did this act, as defined by law as a crime, happened?

Moreover, investigative process is defined as the procedure taken by the investigator which
commence from the time the crime was reported up until it was brought before the court for the trial of
person accused to have violated the law and for the proper sanction and disposition of the case. Along
with the investigative process, the investigators must establish that a crime has been committed and the
person suspected should be held for trial. In the process of establishing that a crime was deemed
committed, the following should be noted such that:

1. Investigators must prove that the accused is guilty;

2. Investigator must ensure that the accused was identified by competent witness;

3. Investigator must confirm that whatever evidence found in the crime scene pinpoints to the same
accused or group of accused people;

4. Investigator must note that evidences recovered in the crime scene are the same evidences that
will be presented in court; and

5. Investigator must remember that conviction will depend as to how he will establish the elements of
the crime alleged.

However, what happens if investigator fails to accomplish all those enumerated?

There is now a greater tendency that the case is deemed dismissed. In the eyes of the law, the
case is deemed dismiss if there are some technical errors committed which includes but not limited to
tampered evidence, break in the chain of custody, or the prosecution had not established the guilt of the
accused beyond reasonable doubt and other.

Tampered evidence refers to evidence which by its nature is false, altered or otherwise
questionable in its existence or production. Chain of custody on the other hand refers to the transfer of
evidence from one person who holds supervision or care of such evidence to another from the time it was
gathered at the crime scene up to the time it will be presented in court.

Methods of Identification

Successful criminal investigation is impossible without first establishing the identity of the
perpetrator. Hence, all efforts are futile if perpetrator cannot be brought for prosecution and the feeling of
injustice on the part of the victim is inevitable.

Method of identification refers to the ways and means employed to uncover the personality of the
person who may have committed an act in which under the existing law is regarded as a crime.

Moreover, the identity of the person suspected to have a committed a crime can be established
mainly through the following:

1. Identification by witness- the identity of the perpetrator is established through an eye- witness
or person who have seen the perpetrator in the actual commission of the crime or his presence was
seen in the crime scene or immediate area/s where the crime took place.

2. Identification through Physical Evidence- the identity of the perpetrator is established through
collection of physical evidence that has a logical connection to the case which could either be
associative or tracing evidence. This two differ such that:

a. Associative evidence- these are those material/s owned and can be linked to the perpetrator
which by some instance was left in the crime scene.
 b. Tracing evidence- these are those material/s taken by the perpetrator at the crime scene and
most commonly found in theft or robbery cases.

Identification through Forensic Science- this method is done through the aid of the expertise of different
forensic services such as DNA, fingerprint, Odontology and the

Technical and Legal Aspect of Witness

The term “witness” is used both in technical and legal perspective. Technically, witness is defined
as any person who have seen or knowledge regarding the commission of the crime. This could be further
classified as:

1. Prosecution witness- refers to any person brought before trial to offer testimony in favor for the
prosecution and is used to add incriminatory evidence to the accused.

2. Defense witness- refers to any person who is brought before trial to strengthen the alibi of the
defense and to disprove the charge of the prosecution.

3. Character witness- refers to any person who offers a testimony in line with the character reputation
of some other person which well then serve at some point as to whether or not the testimony of
that person will be given credit or not.

4. Eyewitness- refers to any person who has seen the actual commission of the crime either whole or
only part of its commission.

5. Child witness- refers to young individual who offers a testimony concerning the crime.

6. Dumb witness- these are those witnesses who by reason of some mental faculty are unable to
provide an accurate detail regarding the crime which is typically common among uneducated
individual.

7. Honest witness- these are those witnesses who cooperate and avoid exaggeration or falsehood in
providing testimonies concerning the crime.

8. Fearful witness- these are those persons who are afraid of being involved in the prosecution of the
accused or simply shy to face the open court.

9. Egocentric witness- refers to witness who is prone to exaggeration of the things he had observed
and may attempt to add facts which are not part of the real scenario.

10. Hostile witness- these are those witness who are uncooperative and do not wish to provide
information necessary to the prosecution of the case.

11. Suspicious witness- are individual witness who are doubtful about the true intention of the
investigators or the police as a whole.
 In legal perspective, the law and the Revised Rules of Court define and qualify a witness as “any
person who can perceive, capable of perceiving, and can make known his perception to others” can be
a witness.

Under the Revised Rules of Court, the law classifies witness as either:

1. Ordinary witness- these are those witness who may be allowed to testify regarding the following:

a. About the identity of the person whom he had knowledge;

b. Handwriting of the person of which he had familiarity;

c. Mental sanity of the person whom he had acquainted.

2. Expert witness- are those witness who by reason of their knowledge, skills, training or experience
may be allowed by the court to give their opinion.

Procedures in Criminal Investigation

As a general rule, all crime scene investigation must be done by the police station who has the
territorial jurisdiction of the crime incident unless otherwise specified by higher authorities to be
investigated by some other unit or agencies and must be recorded in the official police blotter. Territorial
jurisdiction means that the crime incident happened within the area or place that a certain police station
holds or covers. Police station moreover refers to the office of local police that has a jurisdiction within the
area and exercises control over the community and persons movement by enforcing the laws necessary
for the maintenance of peace and order. The same is responsible in providing immediate response to the
community as the need arises.

Also, crime incident differs from crime scene such that crime scene again refers to the place where
crime took place and where physical evidence can be found while crime incident refers to the occurrence
of a certain crime.

Illustration: A committed murder (Crime Incident) in the house (Crime Scene) of B.

In the process of investigation, crime scene must be presented as it contains the essential
ingredients surrounding the commission of the crime. On the other hand, crime incident must be
established as it will guide investigators in filling the proper charge.

In what way are police officers be notified in the event that a crime happened?

In the event that crime happens, it reaches the attention of the police through:

1. A concerned citizen who witnessed the crime incident;

2. An accident discovery of some citizen; or
3. The action itself of the police officer in patrol.

Those who are in patrol are commonly regarded as the first responder as they are those who are
employed in the community with the end purpose of the crime prevention. As a part of their duties, first
responder must do the following:

1. Proceed to crime scene and validate information regarding crime incident;

 2. Record all relevant facts and the time of arrival at the crime scene;
3. Cordon the area, meaning isolate the place so that unauthorized persons cannot enter the
scene or the suspect cannot destroy the evidence;
4. Identify possible witness and do the preliminary interview if feasible;
5. Arrest suspect/s it they are around or recommend for the conduct of dragnet operation which
pertains to an operation conducted to seal off possible exits of the suspects;
6. Be ready to take dying declaration of injured person. A dying declaration is a statement made
by a person who is under the impending death in which such declaration is related to the facts
in which the person is competent to testify;
7. Evacuate wounded person and/or account killed, wounded or arrested person;
8. Conduct initial investigation and briefing of investigator case (IOC) upon his arrival at the
scene; and
9. Conduct initial inventory of all possible evidence at the crime scene which must be signed by
him, the SOCO and by the investigator.

After such procedure, the investigating team will take full control of the crime scene which includes
the conduct of crime scene search, generating sketches as well as the taking of photograph, lifting of
fingerprints, marking and tagging as well as the collection of physical evidence and the like. Investigating
team refers to the group of police personnel charge with the investigation and processing of the crime
scene which includes but not limited to the search, collection, marking, tagging, preservation and transfer
of evidence.

Further, investigating team is composed of the following:

1. The Team leader;

2. Investigator;
3. Photographer;
4. Evidence custodian; and
5. Artist.

Upon the takeover of the investigating team, they ensure that the investigative procedures are
followed such as:

1. Record the date and time of arrival as well as all other important details in the crime scene;
2. Photograph and video of the crime scene;
3. Arrest of suspect/s if their identity is apparent; and
4. Separate possible witness to get their individual accounts.

Further, whatever the situation in the crime scene might be, it must be noted that the paramount
concern of the investigating team should be the preservation of human life. Investigator or any of the
investigating team must be aware to know what task should be given priority in the conduct of
investigation.

Crime Scene Processing

It is true that the investigating team must give priority to human life, nevertheless, they must
exhaust whatever means to secure and preserve the crime scene for it contains all the necessary
ingredients for the prosecution of the case. As such, they must reconsider the necessary steps in order to
collect all available evidence and maintain the integrity of the crime scene by remembering “MAC” rule
which simply stand for:

1. Mutilate- meaning do not remove anything from the scene;

 2. Alter- do not change anything in the crime scene; and
3. Contaminate- do not add anything to the crime scene.

Also, the investigating team must remember that nothing should be touched, altered or removed
unless everything is photographed, noted, measured, and indicated in the sketch as these are the golden
rule in the processing of the crime scene. They should also take into consideration those transient
evidence or fragile evidence. Transient evidence are those evidence which when not collected at
appropriate time may diminish or loss its value such as urine, blood, semen, etc. on the other hand,
fragile evidence are those evidence which may be broken if collected inattentively.

Methods of Search

Crime is unique with respect to one another which means that the search for an individual object
should be based on the physical characteristics of the scene in order to collect all possible evidences
present in the area. Therefore, investigating team should be careful in selecting the best method of search
that will correspond to the present crime scene.

Further, Method of Search is defined as the systematic procedures employed by the investigating
team in order to recognize, collect, and preserve the evidence or any object/s found in the crime scene
that has a logical connection to the case.

In the conduct of crime scene search, the following methods may be employed based on the
physical characteristics of the place such as strip method, double strip method, spiral search method, zone
search method and wheel search method.
Strip method is done through following a straight path in an area. Upon reaching the end, the searcher
turns and follows again a straight path but parallel to the first path he takes. This process continues until
the search of the entire area is done. See figure 1.

Figure 1. Strip Method

Double strip method is almost similar with strip method. As the term suggest, “double”, meaning after
the entire area is done searching using strip method the searcher will again start another process but this
time is the other side at right angles from where you started. See figure 2.

Figure 2. Double Strip Method

Spiral method is done when the area to be search is circular in nature. The searcher may start either
from the center or outside although commonly searcher usually starts from the outside following a circular
shape until they finish searching the entire area. See figure 3.
Wheel method is also applicable in circular areas similar to the spiral method. However, the searcher
starts in the center and is best applied when there are plenty of searchers. From the center, they follow a
straight path toward outside unlike in radial that they follow a circular pattern. See figure 4.
Zone method is the best applicable in the scene covering a wider range. In this method, the crime scene
is divided into four quadrants and the searcher may select what type of search should be done in each
quadrant. It could either strip, double strip, radial, wheel or zone method. See figure 5.
Marking, Tagging and Collection of Evidence

After the search of evidence, collection follows. However, any object/s found must be properly
marked, tagged, photographed, measured, and indicated in the sketch before its actual collection. Marking
of evidence refers to the process of identifying and recognizing any object in the crime scene by way of
placing the letter symbol or number. Tagging of evidence is the process of labelling the physical evidence
by way of placing the appropriate evidence tag containing the description of the item, the date and the
initial of the collecting officer. Collection of evidence refers to the actual gathering and lifting of evidence
from the crime scene to the custody of the appropriate office.

Photographing the Crime Scene

In processing the crime scene, investigating team must consider the proper taking of photographs
and the marking of sketch. Photographs should depict the actual scenario of the crime scene and portray
the proper placement of the individual evidence. Moreover, all individual evidences must be shown in the
sketch with precise measurement. All these procedures must be written in the investigator’s notebook. An
investigators notebook refers to the pad of paper such as work pad, tickler, or notepad and the like which
is used to remember the details regarding the commission of the crime and in any manner aids the
investigator in refreshing his memory to recall matters related to the case under investigation.

In taking of photograph, investigating team must consider the following angle/views to properly
appreciate the crime such as:

1. General View- these are taken outside of the crime scene purposely to show location, direction,
and the place of the crime incident;
2. Medium View- these shots are taken to show the different divisions of the crime scene as this
view will allow investigators to clearly see the nature of the crime committed;
3. Close-up View- these shots are done to individual evidence to show what constitutes the crime
and how it was committed.

Further, gradual shots of individual evidence may be taken from a standard position in order to
show the relationship of piece of evidence to another or how individual evidence is close or far from one
another. Technically, this is referred to as progressive photography which includes shots taken in long
range, midrange, and/or close-range distance.

The following guidelines also in line with taking photographs must be noted by the investigating
team such as:

1. The overall photos of the scene which include street sign, areas, streetlights location near the
crime scene, and any identifying objects;
2. Pictures of every room must be taken through they are not apparently connected to the crime
scene;
3. Photograph must be taken from at least 2 opposite corners but 4 corners is better;
4. If possible, take photos from above or ceiling to avoid the possibility of missing any evidence; and
5. Keep a photo log during crime scene processing.

Sketching the Crime Scene

In line with sketch, the artist should be able to draw and portray the crime scene. The same must
remember the elements of sketch which includes the following:
 1. Title- this includes the basic information regarding the case such as the nature of the crime, the
time and date of crime incident, and the location of the crime.
2. Measurement- this pertains to the dimension and the distance of the relative object to one
another.
3. Essential items- these refer to the pieces of physical evidence found at the crime scene.
4. Legend- this refers to the use of words or numbers to represent an item in the crime scene.
5. Compass direction- refers to the north direction from the sketch was drawn.
6. Scale of proportion- is the representation of the sketch to the actual size of the scene.

In addition, the artist must also prepare a rough sketch and finished sketch. Rough sketch is drawn
by the artist at the crime scene containing all the necessary details regarding the crime. Finished sketch
on the other hands is drawn by the artist for the court presentation and is commonly done in the office.
Remember to keep the rough sketch even after the preparation of the finish sketch.

Sketch must take note also the type of sketch that should be draw such as:

1. Floor plan or bird’s eye view- a type of sketch drawn from above;
2. Elevation sketch- a type of sketch drawn to show the given side of an area;
3. Exploded view sketch- a type of sketch drawn to show the relationship or order of the whole parts;
and
4. Cross-projection sketch- a type of sketch wherein the ceiling and/or walls are flattened all out in
the ground.
In drawing a crime scene, floor plan or bird’s eye view sketch is commonly used. However, in cases
where some evidence was placed in the walls or ceiling (example: Dress was thrown and hang on the
ceiling fan) cross-projection sketch is better.

Additional guidelines on drawing the sketch include the following:

1. Indicate the nature of the crime and the place of incident as well as the name of the person who
are prepare and drew it. For better understanding, use of capita letters and numbers are highly
suggested such that;
a. Capital letters- for basic parts or accessories of the place
b. Numbers- for individual evidence
2. Indicate the position, location, and how objects relate to one another;
3. Use standard symbol while sketching;
4. Use arrow to show the direction and stairways; and
5. Be consistent with the units of measurement such as centimeter, inches, yard, meters, feet, etc.

To aid the investigators in measuring individual evidence with respect to any other object/s in the
crime scene, the following methods should be considered and must be used based on the physical
characteristics of the crime scene.
1. Rectangular method- find fix at the right angle to serve as the base;
2. Triangulation method- find two fix points to the evidence that must be plotted or located.

Evaluation, Preservation, and Releasing of Evidence

Evaluation of evidence refers to the process of assessing the significance of individual evidence that
should be subjected for further examination such as transmittal of firearm to crime laboratory for ballistics
examination or transmittal of electronic devices such as cell phones or laptops to Anti-Cybercrime Group
(ACG) for digital examination.

Preservation of evidence refers to the measures employed in order to maintain, protect, and
safeguard the original state of physical evidence from the time it was collected up until the time that it will
be released to appropriate personnel. It must be noted that it is the primary responsibility of the
investigator to preserve the evidence until it will be transmitted to the hands of the evidence custodian.
Take note that evidence custodian is the person who takes charge with the responsibility and control in
handling and disposal of evidence.

Releasing of evidence on the other hand refers to the discharge of individual evidence upon the
order of the court and/or prosecutor.

Chain of Custody and Transmittal to Crime Laboratory

Chain of custody in every crime investigation should be maintained at all cost as any
inconsistencies in the handling of evidence may result in incompetency of the same resulting to its
inadmissibility during court presentation. Chain of custody again is defined as the transfer of evidence
from one person who holds supervision or care of such evidence to another person from the time it was
gathered at the crime scene up to the time it well be presented in court. It includes the list of all personnel
who handled the evidence from collection until court presentation.

As part of the procedure, all physical and/or seized evidences must be in the custody of the
investigator unless a laboratory examination is needed, thereby he will transmit the evidence to the
evidence custodian only and must be placed in the evidence room for safekeeping. Safekeeping simply
refers to the security or protection of physical evidence.

In addition, the following should be noted in adherence to the standard procedures in maintaining
the chain of custody such as:

1. Proper recording of areas or location from which evidence was gathered;

2. Proper marking of evidence for accurate identification; and
3. Completing the evidence submission form for laboratory analysis.

For proper documentation, an evidence log should be maintained. Evidence log is any material
upon which the writing or note taking is done to keep and maintain the record and disposal of evidence.
This will guide investigators as to who handle and possess whatever physical evidence is transmitted.

Release of the Crime Scene

Release of the crime scene is defined as the discharge of the crime scene from the custody of
authorized law enforcement officer to the lawful occupant, owner, or any person who is charge with the
responsibility and management of the place where the crime happened.

In releasing the crime scene, the following should be observed:

1. All physical evidence must be properly marked, tagged, and labelled;

2. Ensure the proper inventory of item is done;
3. Error should not be entertained as there is one chance to process the crime scene; and
 4. Release the crime scene only after survey and proper documentation. Final survey refers to the
action taken by the investigating team to ensure that all items have been gathered which includes
the proper documentation of all circumstances under which the physical evidence was collected.

Reconstructing the Crime

Crime scene reconstruction is one of the most difficult and tiring job of investigators as this
involves the process as to how perpetrator commits the crime. Crime scene reconstruction is defined as
the scientific ability of investigators to make useful observations of physical evidence in the crime scene
through a logical approach in theorizing as to how the crime was committed. This also involves systematic
methodology in incorporating all available information gathered as well as the arrangement of physical
evidence in the crime scene to provide a rational, reasonable, and acceptable explanation as to how the
crime was committed.

Reconstruction

To properly reconstruct the crime, the following stages should be observed to arrive at a more
convincing explanation as to how the crime was committed:

1. Appreciation- is the process of recognizing the potential physical evidence that has or may have
evidential value and separate it from those items which are not significant in the progress of
investigation;
2. Comparison- is the process of comparing of group of standards from one collection at the crime
scene to establish its identity;
3. Individualization- this involves the process of establishing the uniqueness of the physical evidence
taken from the crime scene; and
4. Reconstruction- is the final stage undertaken in order to fully reconstructs the crime considering all
related factors such as crime scene evaluation, laboratory results, individually of physical evidence
and other independent information from various sources to provide better understanding and
explanation as to how the crime was committed.

It must also be noted however, that crime scene reconstruction is different from crime scene re-
enactment and crime scene recreation such that, crime scene re-enactment is the process of re-enacting
and portraying the crime incident based on their previous knowledge regarding the event by having the
offender, victim or witness to play such role while crime scene recreation is the process of substituting all
necessary items or actions at the crime scene through the use of what is documented or with the aid of
investigators log.

Modus Operandi and Profiling of Suspect

One important means in order to aid the investigators in reconstructing the crime through the
establishment of the perpetrators modus operandi. Modus operandi refers to the manner and methods
employed or used as well as the sequence of various actions taken by the perpetrator in committing the
crime. It is otherwise known as the method of operation.

On the other hand, profiling of suspect can be very useful in determining the identity of the
possible individual who may have committed the crime. Profiling is defined as the psychological process of
establishing the characteristics of the most likely individual who might have
committed the crime based on the evaluation of the crime scene and the
placement of physical evidence.

In identifying suspects, rogue’s gallery can also be helpful. Rogues gallery

refers to the compilations of photographs of known criminals. If someone had
witnessed or seen in the suspects face, cartographic sketch can be done.
Cartographic sketch refers to the composite drawing of the suspects face done by
artist to assist police investigators in establishing the identity of the person who
might have committed the crime.

Crime Scene Processing Equipment

Investigating team and/or crime laboratory must have the following basic
equipment when responding to area calling for crime scene processing. These
include but not limited to the following:

1. Camera
2. Marker
3. Evidence tag
4. Evidence seal
5. Measuring device
6. First aid kit
7. Graph paper and pencil
8. Evidence bag
9. Crime scene barricade
10. Protective box for basic paraphernalia