Professional Documents
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LEGAL MEDICINE
According to Source of Evidence
Week 4 and 5
1. Primary Crime Scene – investigation
Prepared by: Honey Angelu M. Mirafuentes, usually begins where the body is
RCrim originally found.
2. Secondary Crime Scene – where the
victims are confined. Where the assault
Basic Components and Process of Crime Scene initially took place. Route to and from
Investigation the primary crime scene. Method used
to transport the victim. Any place
PNP's Criminal Investigation Manual defines where evidence is located.
CRIME SCENE as a venue or place where the
alleged crime/incident/event has been Crime Scene Reconstruction – the mental
committed (PNP, 2011). reproduction of a crime scene.
The following are different types of crime scene Crime Reconstruction – narration of the
according to time of commission, location and crime made by the suspect
source of evidence. Mental Reconstruction – narration of
the crime by the investigator on case
According to Time of Commission
Reconstruction of Crime Scene – the actual
1. Day Time Crime Scene – from sunrise to
reproduction of a crime scene.
sunset (6:00AM to 6:00PM)
2. Night Time – from sunset to sunrise Physical Reconstruction – point of view
(6:00pm to 6:00AM) of suspect/victim/witness/evidence is
shown.
According to Location
Crime Scene Investigation – refers to the post-
1. Indoor crime scenes - affords the crime
incident police operational procedures
scene protection from weather and
undertaken at the crime scene when a crime
allows investigators to take time and
has been committed. Crimes can't be solved by
process the scene in a slow and
a single individual no matter how good he/she
methodical manner, without concern
is. Criminal Investigation needs to be solved by
for weather influences
a team of experts in order to be successful and
2. Outdoor crime scenes – most
be shrouded by a veil of stringent accountability
vulnerable to weather condition and
(Galero-Müftüoğlu, 2015, p.26).
present more problems
3. Continuing/ mixed crime scenes – from Deductive Approach – this approach entails
indoor to outdoor and/or vice versa. immediate assumption of a theory then later
4. Special Location/Conveyance Crime supports it by collecting corroborative
Scene – the most difficult to handle information.
because of its nature, it need special
Inductive Approach – this technique requires
support resources to process; examples
the collection of information first. Analysis and
include vehicle, air plane, drum, septic
evaluation information follows to develop a
tank, etc.
theory.
Thus, there are three components of crime STAGES OF CRIME SCENE INVESTIGATION
investigation according to the 2011 PNP's
A. PRELIMINARY INVESTIGATION
Manual on Investigation of Crimes of Violence
- The preliminary investigation is the
and other Crimes; namely:
police agency's first response to a
1. First Responder report that a crime has occurred.
As in every investigative effort, the
2. Investigator-on-Case
primary objective of the preliminary
3. Scene of the Crime Operation. investigation is to determine who
committed the crime and to apprehend
First Responder
the offender.
First Responders are members of the police, The preliminary investigation collects
military, fire, medical teams, and other evidence which supports that a crime
volunteer organizations who are expected to be has occurred, the identification of the
the first to respond to calls for assistance in offender, and the arrest and
cases of incidents involving explosives subsequent conviction of the offender.
(PNP,2011). The framework of the preliminary
investigation is based on the following
The four main tasks of the first officer on the major tasks:
scene are (PNP, 2011):
(1) verification that an offense has
To give first aid; occurred;
To apprehend the suspected offender;
To protect and if necessary collect and (2) identification of the victim, the place of
preserve evidence; and the crime, and the time of the crime;
To cordon off and protect the area. (3) identification of solvability factors;
Investigator-on-case (4) communication of the circumstances of
Investigator-on-Case refers to the duty the crime; and
investigator duly assigned or designated to (5) the identification of those investigative
conduct the inquiry of the crime by following a tasks completed and those yet to be done.
systematic set of procedure and
methodologies for the purpose of identifying The first responder will collect “FACTS”
witnesses, recovering evidence, arresting and surrounding the crime committed
prosecuting perpetrators (PNP, 2011). The investigator will identify the
suspect through confession, eyewitness
Scene of the Crime Operation/Crime Scene testimony, circumstantial evidence and
Processing associative evidence
The Scene of the Crime Operative refers to the ASSESSMENT – gathering of facts
functional capability of the PNP of the Crime
performed by its trained personnel through the DATA
recognition, methodical search, proper INFORMATION
documentation/recording and collection of INTELLIGENCE
physical evidence at the crime scene. (PNP B. FOLLOW-UP INVESTIGATION
Crime Laboratory Revised SOCO Manual 2014).
- An extension of the preliminary responder equipped with "police line" to secure
investigation. The purpose is to provide the place of incident a camera; and
additional investigation in order to close
H. Inform the duty investigator (preferably one
a case, locate or trace and arrest an
team of investigators)
offender, and/or recover stolen
property. CIDG
C. FINAL INVESTIGATION SITG
- The submission of the outcome of the SOCO
preliminary and follow-up investigation. NBI
The report is used to prove the guilt of
suspect/s. 2. At the crime scene
GENERAL INVESTIGATIVE PROCEDURES (PNP, The First responder shall perform his duty and
2011) in addition check the condition of the victim
while the other members of the first responders
The purpose of these procedures is to adapt to shall simultaneously secure the area by putting
the current trends in modern investigation, in a line or any material (like rope, straw and etc).
line with the PNP Integrated Transformation police
Program which seeks to improve and integrate
the different manuals used by the PNP to serve A. If in serious condition
as guide in all aspects of police investigation. It a) Bring the victim immediately to the
also aims to come up with a definite nearest hospital using emergency
investigative procedure on specific cases from services;
the time the incident happened, until the case is b) b) Photograph and make a sketch of the
filed, which will be adopted by the PNP victim (if the victim is dead);
investigators in pursuing their mandated tasks. c) c) Get the dying declaration; if
Here is the General Investigative Procedure as necessary (ask 3 questions), namely;
defined in the 2011 PNP's Revised Criminal i. Ano ang pangalan at address mo?
Investigation Manual. (What is your name and address?).
ii. Kilala mo ba ang gumawa nito sa
1. Upon receipt of call/walk-in complainants iyo? (do you know who did this to
Duty Desk Officer shall: you?
iii. Sa pakiramdam mo ba ay
A. Record the time it was reported; (when) ikamamatay mo ang tinamo mong
sugat? (Do you think the wounds
B. Get the identity of the caller/complainant;
you received are fatal?)
(who)
However, if there is still a chance to ask more
C. Get the place of the incident; (where)
questions, then follow-up should be done. The
D. Get the nature of the incident; (what/how) statement, once reduced into writing, shall be
duly signed by or with the thumb mark of the
E. Get the number of victim/s; (how many)
victim.
F. Record a brief synopsis of the incident;
DYING DECLARATION/ ANTE-MORTEM
G. Direct the nearest mobile car/beat patrollers STATEMNET– a legal concept refers to the
or the nearest police precinct to act as first effect that the statement which is made by a
dying person explaining the circumstances of his Section 42. Part of res gestae. — Statements
death. made by a person while a starting occurrence is
taking place or immediately prior or subsequent
REVISED RULES ON EVIDENCE
thereto with respect to the circumstances
(Rules 128-134, Rules of Court) thereof, may be given in evidence as part of res
gestae. So, also, statements accompanying an
Section 37. Dying declaration. — The equivocal act material to the issue, and giving it
declaration of a dying person, made under the a legal significance, may be received as part of
consciousness of an impending death, may be the res gestae.
received in any case wherein his death is the
subject of inquiry, as evidence of the cause and DYING DECLARATION vs RES GESTAE
surrounding circumstances of such death.
A dying declaration is made with the intention
The declaration of a dying person, made of providing evidence in a legal proceeding,
under the consciousness of an while res gestae evidence is spontaneous and
impending death, may be received in unplanned, and is intended to explain or clarify
any case wherein his death is the the circumstances surrounding an event or
subject of inquiry, as evidence of the transaction.
cause and surrounding circumstances of
B. If not in serious condition
such death."
ante-mortem statement or dying a) Bring the victim immediately to the
declaration is entitled to probative nearest hospital using emergency
weight if: services;
b) Get the identity and other data of the
(1) at the time the declaration was made, death victim;
was imminent and the declarant was conscious c) Get initial interview from the victim
of that fact;
Note: The other member/s of the first
(2) the declaration refers to the cause and responders shall remain at the crime scene to
surrounding circumstances of such death; secure the premises.
(3) the declaration relates to facts which the d) If the suspect is arrested at the scene
victim was competent to testify to; e) Get the names of the persons who
(4) the declarant thereafter died; and turned-over or arrested the suspect.
f) Isolate the arrested suspect/s and
(5) the declaration is offered in a criminal case separate them from any probable
wherein the declarant’s death is the subject of witness of the incident.
the inquiry. g) Record what time the suspect was
RES GESTAE – incidental facts and arrested.
circumstances that are admissible in evidence h) Wait for the investigator to interview
because they introduce or explain the matter in the suspect.
issue. i) If the suspect volunteers any statement,
take note of the time, location and
REVISED RULES ON EVIDENCE circumstances of the statements.
(Rules 128-134, Rules of Court) 3. Investigation Procedure at the Crime Scene
A. Upon arrival at the crime scene The investigator begins the process of recording
pertinent facts and details of the investigation
1. Receive the crime scene from the first
the moment he arrives at the crime scene. (He
responder.
should record the time when he was initially
2. Record time/date of arrival at the crime notified prior to his arrival).
scene, location of the scene, condition of the
He also writes down the identification
weather, condition and type of lighting,
of persons involved and what he initially
direction of wind and visibility.
saw.
3. Photograph and/or video the entire crime He also draws a basic sketch of the
scene. crime scene
takes the initial photograph (if a
4. Before entering the crime scene, all
photographer is available, avail his
investigators must put on surgical gloves.
services)
5. Before touching or moving any object at the
This is to ensure that an image of the crime
crime scene in a homicide or murder case,
scene is recorded before any occurrence that
determine first the status of the victim, whether
disturbs the scene. As a rule, do not touch, alter
he is still alive or already dead. If the victim is
or remove (don’t MAC) anything at the crime
alive, the investigator should exert effort to
scene until the evidence has been processed
gather information from the victim himself
through notes, sketches and photograph, with
regarding the circumstances of the crime, while
proper measurements.
a member of the team or someone must call an
ambulance from the nearest hospital. Before C. Searching for evidence
removing the victim, mark, sketch and
Each crime is different, according to the physical
photograph his/her relative position. Only a
nature of the scene and the crime or offense
coroner or a medical examiner shall remove the
involved. Consequently, the scene is processed
dead body unless unusual circumstances justify
in accordance with the prevailing physical
its immediate removal.
characteristics of the scene and with the need
6. Designate a member of the team or ask other to develop essential evidentiary facts peculiar
policemen or responsible persons to stand to the offense.
watch and secure the scene, and permit only
A general survey of the scene is always
authorized persons to enter the same.
made, however, to note the locations of
7. Identify and retain for questioning the person obvious traces of action, the probable
who first notified the police, and other possible entry and exit points used by the
witnesses. offender(s) and the size and shape of
the area involved.
8.Determine the assailant through inquiry or
In rooms, buildings, and small outdoor
observe him if his identity is immediately
areas, a systematic search of evidence is
apparent. Arrest him if he is still in the vicinity.
initiated (In the interest of uniformity, it
9. Separate witnesses in order to get is recommended that the clockwise
independent statements. movement be used.)
The investigator examines each item
B. Recording
encountered on the floor, walls, and
ceiling to locate anything that may be of It may be advisable to make a search beyond
evidentiary value. the area considered to be the immediate scene
You should give particular attention to of the incident or crime. For example, evidence
fragile evidence that may be destroyed may indicate that a weapon or tool used in the
or contaminated if it is not collected crime was discarded or hidden by the offender
when discovered. somewhere within a square-mile area near the
If any doubt exists as to the value of an scene.
item, treat it as evidence until proven
After completing the search of the scene, the
otherwise.
investigator examines the object or person
Ensure that the item or area where
actually attacked by the offender. For example,
latent fingerprints may be present is
a ripped safe, a desk drawer that has been pried
closely examined and that action is
open or a room from which items has been
taken to develop the prints.
stolen, would be processed after the remainder
Carefully protect any impression of
of the scene has been examined for traces of
evidentiary value in surfaces conducive
the offender.
to making casts or molds. If possible,
photograph the impression and make a In a homicide case, the position of the victim
cast or mold. should be outlined with a chalk or any other
Note stains, spots and pools of liquid suitable material before the body is removed
within the scene and treat them as from the scene. If the victim has been
evidence pronounced dead by a doctor or is obviously
Treat as evidence all other items, such dead, it is usually advisable to examine the
as hairs, fibers, and earth particles body, the clothing and the area under the body
foreign to the area in which they are after the remainder of the scene has been
found; for example, matter found under searched. This is to enable the
the victim's fingerprints. policeman/investigator to evaluate all objects of
special interest in the light of all other evidence
Proceed systematically and uninterruptedly to found at the scene.
the conclusion of the processing of the scene.
The search for evidence is initially completed D. Collection of Evidence
when, after a thorough examination of the
This is accomplished after the search is
scene, the rough sketch, necessary photograph
completed, the rough sketch finished and
and investigative notes have been completed
photographs taken. Fragile evidence should be
and the investigator has returned to the point
collected as they are found. All firearms (FAs)
from which the search began.
found to have tampered serial numbers (SNS)
Further search may be necessary after the shall be automatically
evidence and the statements obtained have
subjected to macro etching at the Philippine
been evaluated.
National Police Crime Laboratory (PNP-CL). A
In large outdoor areas, it is advisable to divide corresponding request to the Firearms and
the area, into strips about four (4) feet wide. Explosive Office (FEO) must be made for
The policeman may first search the strip on his verification purposes.
left as he faces the scene and then the adjoining
The investigator places his initials, the date and
strips.
time of discovery on each item of evidence for
proper identification. Items that could not be A list of all persons who came into possession of
marked should be placed in a suitable container an item of evidence, continuity of possession, or
and sealed. the chain of custody, must be established
whenever evidence is presented in court as an
E. Markings of Evidence
exhibit. Adherence to standard procedures in
Any physical evidence obtained must be marked recording the location of evidence, marking it
or tagged before its submission to the evidence for identification, and properly completing
custodian. These are information to ensure that evidence submission forms for laboratory
the items can be identified by the collector at analysis is critical to chain of custody.
any time in the future. This precaution will help
Every person who handled or examined
immeasurably to establish the credibility of the
the evidence and where it is at all times
collector's report or testimony and will
must be accounted for. As a rule, all
effectively avoid any suggestions that the item
seized evidence must be in the custody
has been misidentified.
of the evidence custodian and
Markings on the specimen must at least contain deposited in the evidence room or
the following: designated place for safekeeping.
j. Conduct initial investigation; and 2. Inform the arrested person on the cause of
his arrest and his rights as provided for in the
k. Brief the investigator-on-case upon arrival
Constitution;
and turn over the crime scene.
3. Conduct thorough search for weapons and
1. Conduct inventory on the evidence taken at
other illegal materials against the suspect/s;
the crime scene; Inventory receipt should be
properly signed by the first responder, SOCO 4. Use reasonable force in making arrest;
and the investigator.
5. Confiscated evidence shall be properly
5. Duties and responsibilities of the documented and marked;
investigating team
6. Bring the arrested person to the Police
Take full control of the crime scene to include Station for investigation.
the conduct of crime scene search; taking of
Booking procedures of the Arrested
photographs; making sketches; lifting of
Person/Suspect
fingerprints; markings of physical evidence;
(Chain of custody) the transmittal of evidence A. The arrested suspect shall be fingerprinted,
to crime laboratory; interview of witnesses; photographed and subjected to medical
gathering and evaluation of evidence; follow-up examination to include liquor and drug tests.
of the case and the documentation and filing of
appropriate charges in court. Establish a B. Conduct record check.
command post in the immediate vicinity of the 7 . Taking of sworn documents of suspects
crime scene; Designate a holding area in the
immediate vicinity of the crime scene (for the - The execution of a suspect's "WAIVER"
media, important persons and other as stipulated in Article 125 of the RPC
personalities present); Conduct case conference shall always be done in the presence of
with the first responder, Scene of the Crime his chosen counsel or any independent
Operative, other law enforcers and rescue counsel (PNP, 2011)
personnel; Note any secondary crime scene (if 8. Taking of sworn documents of the witnesses
situation requires); and release the Crime scene
after investigation (PNP, 2011). - Sworn Statement or Affidavit of
complainant/s and witness/es must be
Investigation of subjects taken immediately by the investigator-
SUSPECT OR SUSPECTS – Individual(s) who is/are on-case. Affidavit of Arrest of arresting
pointed to be by the victim (s) and witness (es) officers must be taken immediately not
to have had committed the crime in issue. later than 24 hours. In Inquest cases,
Subject person is not considered as a criminal the investigator-on-case and the
unless otherwise his/her conviction is arresting officer/s shall observe Art. 125
pronounced in the court (PNP, 2011). of the RPC (PNP, 2011).
The investigator shall conduct police operation d. Establishes the evidence most likely to be
to identify and apprehend suspect/s based on encountered;
the results of the initial investigation conducted
e. Defines the extent of the search area;
(PNP, 2011).
f. Determines the personnel and equipment
12. Preparation of case investigation plan.
needed and makes specific assignments; and
The conduct of police operation involving
g. From his assessments, he develops a general
sensational cases, high profile and heinous
theory of the crime scene.
crimes must be covered by Case Investigation
Plan (PNP, 2011). C. Preparation of Narrative Report
13. Attendance to court duties The Team leader uses the systematic approach
in making a narrative report.
The investigator-on-case and arresting officers
shall endeavor to ensure their attendance D. Documentation of the Crime Scene
during court hearings while Chief of
Police/Heads of Units shall supervise and
The photographer begins taking photographs as Distance: From the doorway to the room and
soon as possible. The evidence collectors do not other corners of the room
touch or moved any evidence once it is located
until it has been identified, measured and
recorded.
b. Right Side
c. Feet to head
d. Left side
TYPES OF MEASUREMENTS
A crime scene search could only be started after b. Double Strip or Grid Method – is a
it has been photograph and sketched to combination of the strip search and is
systematically look for physical evidence that useful for large crime scene.
may prove useful in establishing that a crime
has been committed and to determine what
method of operation the perpetrator may have
used.
METHODS OF SEARCH