Evidence is a proof of allegation; it is means sanctioned by law of ascertaining in a judicial proceeding

the truth respecting a matter of fact. (Sec Rule 128, Revised Rules on Evidences).

By conducting a systematic examination of the areas, crimes scene investigators uncover the physical
evidence to help identify what happened and who was involved. this process must be conducted
carefully and thoroughly to ensure that crucial evidence is collected and fragile evidence is not destroyed
in the process.

SCIENTIFIC EVIDENCE- maybe defined as the means sanctioned by law, of ascertaining in a judicial
proceeding the truth respecting a matter of fact, wherein scientific knowledge is necessary. Such
scientific evidence must have such a relation to the fact in issue as induce belief in its existence or non-
existence.

Evidence may be A. direct B. indirect, which includes circumstantial evidence, and C. hearsay.

a. Direct evidence- is that which senses perceive. Any fact to which a witness testifies based on
what he saw, heard, smelled, touch and tasted, is direct.
b. Circumstantial evidence- is a kind of evidence which seeks to establish a conclusion by inferences
from the facts proven.
 THE TWO MOST COMMON TYPES OF EVIDENCE
1. TESTIMONIAL EVIDENCE are statements from victims or witnesses of the crime.
2. PHYSICAL EVIDENCE are real evidence based on actual fingerprints, trace evidence obtained
from the criminal or suspect at the scene of the crime.

LOCARD’S EXCHANGE PRINCIPLE

EDMUND LOCARDS (SHERLOCK HOMES OF

FRANCE PRINCIPLES)
Everywhere you go, you take something with
you, and you leave something behind.

INCRIMINATING TYPES OF EVIDENCE

1. Fingerprints - no two people have the same fingerprint, this type of evidence is one of the most
reliable form of identification. If left at the crimes scene, successfully lifting and preserving this
will narrow down the identity of suspects and help investigators focus on most likely persons
connected to crime.
 2. DNA (Deoxyribonucleic Acid) is the master molecule of the cell. The drawback with DNA evidence is
that it takes weeks or months to analyze and is relatively expensive procedure.

3. BLOOD- DNA can be extracted from

blood evidence because blood
consists of cells. Blood spatters an also
help investigators piece together
crime scenes and provides theories
about how a crime was committed.

4. HAIR- hair is another useful type of evidence that can

bring police closer to a criminal. If the hair strands root is
intact, it can be submitted for a DNA testing.

- The color of a hair strand can also be used to rule out

suspects whose hair does not match the recovered hair
sample.
5. SKIN- The type of evidence is difficult to see at a crime scene
but investigators are trained to look at the most likely places to
find. During the crime where a victim attempts to defend
himself/herself, skin of the perpetrator/criminal may find itself
under the victims fingernails.

6. WITNESS TESTIMONY- Testimony from a witness who was at the

scene of the crime is one of the most incriminating types of evidence.
How incriminating the testimony is depends on the credibility of the
witness, which is determined by the court. It can be the deciding factor
in a case

7. WRITTEN DOCUMENTS- Criminals usually chronicle their plans and actions in journals, diaries, letters, and
even emails. They may confess their involvement or guilt in letters written to friends , or members of their
families. When we found during searches, these can be very incriminating.

8. SEMEN- Semen can be used in several ways to verify rape accusations,

as well as extract DNA to identify the criminal. Semen can also be
analyzed and tested to determine of there was more than one person
involved in a sexual crime.

9. SHOE PRINTS- shoe prints are extremely useful in police investigations

and they can be very incriminating types of evidence. Police can tell a lot
about a shoe print, such as the make, model, size of a shoe, as well as
the gender and approximate height of the person. Shoe prints also
indicate the activity of the wearer when the print was made and, if the
impressions are visible, police maybe able to trace the criminals moves
and follow their prints to the next destination, such as a nearby home or
10. VIDEOTAPES/ PHOTOGRAPHS- Videotapes and photographs are both compelling and incriminating
types of evidence. Whether the videos or photos capture the crime taking place or the people present
during or after the crime, it is valuable evidence that can be used to rule out suspects and find the
criminal.
11. BALLISTICS- Ballistics is the study of firearms and ammunition. This technical form of evidence includes shell casings,
gun powder, bullets, gunshots and other firing characteristics of a weapon. Even the slightest remnants of a gunshot can
be traced to a specific firearm, where it’s sold and its owner, if registered.

12. DRUGS- Chemical substances that could have been ingested or administered to victims can be traced in the body
of the victim through analytical laboratory tests. When the victim is deceased, tissue samples of the body organs
can be subjected to laboratory tests to determine the absence or presence of drugs or chemical substances.
Whether the level of the drug indicate criminal intent, accidental administration, self inflicted, or abuse has to be
tied up to other circumstances to arrive at the scientific and acceptable conclusion.

12. TOXICOLOGICAL REPORTS- Toxicological reports are done by a forensic chemist based on tests conducted on the victim
[particularly visceral organs obtained during autopsy]. With these reports, investigators can be determine what type of
substances were in person before and at the time of the crime.

A third type of evidence is HEARSAY EVIDENCE which is defined as an out of the court statement offered
to establish facts asserted. Hearsay is generally not admissible as evidence in the common law courts,
but there are many exceptions for their acceptability. Exceptions include:

1. Dying utterances and other statements under belief of impending death.

-Courts are of the belief that when a person is at point of death, they do not tell lies . So if a person in his
deathbed is asked “Who did it” and the victim replies “ My driver did it”, he is most likely telling the truth
and his statement is acceptable in court.

2. Declarations against interest.

- A person would not usually make an admission or declaration such as confessing to a crime because this goes
clearly against the person’s own interest. So, a declaration that contradicts a person’s own interest is generally
considered of great value even if it is hearsay.

3. The Business records exception.

-Business records created during the ordinary course of business are considered reliable and can usually be
brought in under this exception if the proper foundations is laid when the evidence is introduced into
evidence. In this usage, business records has a very broad meaning and includes police records, or records of
non-profit organizations.
4. Excited Utterances.

- These are statements made by a person under the stress or excitement caused by the event or condition and
made at the exact instant of the event.

5. Prior Testimonies

Testimonies given under oath in court where the party against whom the testimony is being proffered was present and
cross examined is used to enter depositions into the court records of a trial and can be cited in related cases and
accepted as evidence.

6. Res gestae.

-from Latin ‘things done,” It means all circumstances surrounding and connected with a happening. Thus, the res gestae of
a crime includes the immediate area and all occurrences and statements immediately after the crime. Statements made
within the res gestae of crime or accident may be admitted in court even they are “hearsay” on the basis that spontaneous
statements in those circumstances are reliable.

7. Learned Treatise

-Treatise are international agreements and its acceptance among countries signified by signatures of legally appointed
representatives of respective countries [usually by head of state] in the document make it legal and binding. Publication
or announcement of its existence brings it to the knowledge of the public and transforms it into a learned treatise whose
validity can only be questioned in an international court.
8. Common Reputation.

-Who you are known to be in the community is considered as hearsay but is acceptable in court testimony. Say, if the
reputation of a person is that of an alcoholic, or an ‘estafador’ and police or court records bear this out to be true, the it
becomes admissible in court when presented as testimony.

9. Act of declaration about pedigree.

- A father publicly acknowledges that he has a fathered a certain child is an act or declaration about pedigree.

The main objective of evidence is to establish that proof has not been changed or altered before or during trial. If there is a
question from the events leading up to trial about the location of an item or evidence, the times and locations in which the event
occurred, and who the witnesses really are, then the evidence cannot be accounted for. In this case, evidence can be excluded
unless another form of proof is available to support. There is no way to make sure evidence will be found at a crime scene but when
it comes to having solid proof, the best evidence in a case is physical.