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Module 2

Physical Evidence found in Specific Crime Related to Property


Overview
The field of crime scene processing is extremely demanding and ever changing. Demands from
the scientific and legal communities influence the crime scene investigator's everyday activities. The
scientific community focuses on the examination of evidence collected at a crime scene. Investigators
and crime scene specialists are responsible for identifying, securing, documenting and preserving
evidence recovered from a crime scene. Legal considerations include scrutiny of procedures used at
crime scenes and chain of custody. The investigator must also know when and how to make decisions to
obtain written consent or a search warrant to assure that the evidence will be admissible in court and not
subject to a motion to suppress.
Learning Objectives
1. Describe the types of physical evidence typically encountered at a property crime.
2. Define Locard's Exchange Principle.
3. Describe the importance of evidence to be presented in court.
4. Discuss the applicable forensic science in the field of special crime investigation.
5. Familiarized the Laws governing of the implementation of RA 9208 as amended of RA
103646.

Discussion

Types of Evidence
Physical evidence consists of tangible objects, such as biological material, fibers and latent
fingerprints. Physical evidence is any object that can connect a victim or suspect to a crime scene.
Biological evidence, which contains DNA, is not always visible to the naked eye.
Evidence may aid an investigator in re-creating the crime scene and
establishing the sequence of events. Physical evidence can
corroborate statements from the victim, witness and suspect.
Physical evidence is objective and, when documented, collected
and preserved properly, may be the only way to reliably place or
link someone to a crime scene. Physical evidence is often referred
to as the "silent witness."
The handling of Physical Evidence is one of the most important
factors of the investigation. The team members shall ensure the effective collection, preservation,
packaging, and transport of evidence.
Value of Physical Evidence
1. Physical evidence can prove a crime has been committed or establish key elements of a crime.
2. Physical evidence can place the suspect in contact with the victim or with the crime scene.
3. Physical evidence can establish the identity of a person associated with the crime.
4. Physical evidence can exonerate the innocent.
5. Physical evidence can corroborate the victim testimony.
6. A suspect confronting with physical evidence may made admission or even or even a confession.
7. Physical evidence is more reliable than eyewitness to a crime.
8. Physical evidence has become more important because of recent Court’s decision.
9. The absence of physical evidence may provide useful information or stop defense argument at the time of
trial.
Evidence Found at Crime Scenes
The concept known as “Locard's Exchange Principle" states that every time someone enters an
environment, something is added to and removed from the scene. The principle is sometimes stated as
“every contact leaves a trace," and applies to contact between individuals as well as between individuals
and a physical environment. Law enforcement investigators should always assume that physical
evidence is left behind at every scene.
The amount and nature of the physical evidence deposited will be largely dependent on the
circumstances of the crime and may include:
1. Trace evidence — fibers, hair, glass, paint chips.
2. Biological evidence — blood, saliva, semen.
3. Comparative evidence — latent fingerprints, tool marks.
Items of physical evidence are not always visible to the naked eye and may be easily overlooked. A
methodical approach to the collection and preservation of evidence is essential. One exception is that if
evidence integrity is at risk, it is important to make rapid decisions to prevent degradation or loss.
Agency protocol dictates who collects this type of evidence.

Trace Evidence
Trace evidence, such as hair, fiber, glass and paint chips, is a type of physical evidence that is small and
transient, but measurable. When larger items of physical evidence are subjected to closer examination in
the laboratory, trace evidence may be detected.   
The importance of trace evidence can be critical to an investigation. Awareness of this type of evidence
cannot be overemphasized. Photographing the area where any evidence is collected not only provides
documentation of the collection but also assists in locating trace evidence.
Even if identification cannot be made in the laboratory, the investigator and prosecutor may use trace
evidence as part of a convincing circumstantial case. Skill and effort during collection, testing and case
preparation can help ensure a successful presentation of trace evidence in the courtroom.

Evidence defined. — Evidence is the means, sanctioned by these rules, of ascertaining in a judicial
proceeding the truth respecting a matter of fact. 
it is an item which a litigant proffer to make the existence of a fact more or less probable.
Evidence can take the form of testimony, documents, photographs, videos, voice recordings, DNA
testing, or other tangible objects.

There are types of evidence by which facts can be proven or disproven at trial which include:
* Real evidence;
Objects (real) evidence are those addressed to the senses of the court. When an object is relevant to
the fact in issue, it may be exhibited to, examined or viewed by the court.
Real Evidence” refers to any tangible object or sound recording of a conversation that is
offered in evidence. (2) Admissibility. Real evidence is admissible upon a showing that it is relevant to
an issue in the proceeding, is what it purports to be, and has not been tampered with.
* Demonstrative evidence;
Demonstrative evidence is evidence in the form of a representation of an object. This is, as
opposed to, real evidence, testimony, or other forms of evidence used at trial.
* Documentary evidence
Documents as evidence consist of writing or any material containing letters, words, numbers,
figures, symbols or other modes of written expression offered as proof of their contents.
* Testimonial evidence.
Testimonial evidence is any evidence in a court of law that cannot be supported by physical
evidence but is provided by a credible witness under oath. It must be directly relevant to the case at
hand and can be used by both the prosecution and the defense.
However, there are five general rules of evidence that apply to digital forensics and need to be followed
in order for evidence to be useful. Ignoring these rules makes evidence inadmissible, and your case
could be thrown out. These five rules are—admissible, authentic, complete, reliable, and believable
Principles of Law of Evidence
Evidence must be present and related to the matter under issue.
Hearsay evidence must not be allowed.
In all cases, the best evidence must be given.
Judicially noticeable facts are not needed to be proved.
Facts admitted need not be proved. (Section-58)

What qualities must evidence have in order for it to be admissible in court?


Generally, to be admissible, the evidence must be relevant) and not outweighed by countervailing
considerations (e.g., the evidence is unfairly prejudicial, confusing, a waste of time, privileged, or,
among other reasons, based on hearsay).

What Is Testimony?
There are a lot of rules that govern what can be admitted as evidence during a trial and what must be
excluded. Admissible evidence includes any testimony, papers, or objects that are accepted by the court
to help the judge or jury decide the case. One of the most common types of evidence during most trials
is testimonial evidence, or testimony, which consists of statements that are made in court by witnesses
and that are offered as proof of the matter asserted, or of what is being discussed.
As is the case with all types of evidence, there are many rules governing who can testify and about what.
The Federal Rules of Evidence is the set of laws that dictates evidentiary rules in federal courts. Many
states have adopted those rules or have adopted them with some changes. Some of the basic rules
regarding testimonial evidence involve what witnesses who testify in court can and cannot say that
would constitute admissible evidence.
Testimony and Personal Knowledge
A witness is a person who testifies in court under oath. To testify, a witness must have personal
knowledge of the subject matter that he or she is discussing. That means that a witness must have
knowledge of an incident as perceived through his or her own senses and must remember the incident.
For example, Sanjay may have seen a car accident occur at an intersection. He could testify to the fact
that he saw the blue car, driven by Mike, run a red light and hit the green car driven by Keisha.
How do you offer testimonial evidence?
Offer of Evidence. - As regards testimonial evidence, the offer must be made before the witness
authenticates his or her written testimony. As regards documentary and object evidence, the offer
must be made after the presentation of a party's testimonial evidence

Which of the following best describes testimonial evidence?


Testimonial evidence is a statement made under oath. An example would be a witness pointing to
someone in the courtroom and saying, “That's the guy I saw robbing the grocery store.” This is also
called direct evidence or prima facie evidence

Is testimony evidence enough to convict?


The short answer is Yes. There are certain circumstances where the testimony of certain individuals may
not be enough to sustain a conviction. But Testimony is evidence.

Here is how to write an effective and provocative testimonial:


Determine what story you want to tell.
Ask specific questions.
Keep it short and conversational.
Use the customer's name and include pictures, if possible.
How they prepare for their testimony in court proceedings?
* Refresh Your Memory. Before you testify, try to picture the scene, the objects there, the distances
and exactly what happened.
* Speak in Your Own Words.
* Appearance Is Important.
* Speak Clearly.
* Do Not Discuss the Case.
* Be A Responsible Witness.
* Being Sworn in as A Witness.
* Tell the Truth.
Hearsay evidence
Hearsay evidence generally is inadmissible in court unless it falls within an exception or
exclusion set out in the Federal Rules, a federal statute, or a Supreme Court rule.
Testimony is a kind of evidence, and it is often the only evidence that a judge has when deciding
a case. When you are under oath in court and you are testifying to the judge, what you say is considered
to be truthful unless it is somehow challenged (“rebutted”) by the other party.
File Civil Case – Philippines · Consult a lawyer · File a complaint · Ensure summons are served · Go
through pre-trial · Go through trial · The Judge's Decision.
You may file a complaint with the prosecutor's office directly. You may also file the complaint with
the police, and then the police will be the one to endorse your case to the prosecutor's office after
investigation.
Complaint defined. – A complaint is a sworn written statement charging a person with an offense,
subscribed by the offended party, any peace officer, or other public officer charged with the
enforcement of the law violated.
Guide to Filing a Civil Case in the Philippines
File Civil Case – Philippines
There’s often a fine line between a criminal and a civil case, primarily because criminal liability also
carries civil liability. A criminal act is deemed to cause harm to both the state and the offended person,
hence the liability to both.
 In most cases, the civil action is already included in the criminal action, but generally the offended party
may make the reservation to file a separate civil action, provided he does not receive damages twice for
the same cause.
 In addition to this, civil action may also be taken against individuals or entities who have not
necessarily committed a crime but whose actions or negligence may have violated another person’s
rights, or caused harm to another person or the person’s property.
 While a criminal case is filed by the state against the offender, a civil case is filed by a person or entity
against another person or entity.
 A criminal case may result in penalties and punishments that include jail time, but a civil case is often
resolved monetarily, or by arriving at a resolution for certain disputes.
The procedure for filing a civil case is very different from the procedure for a criminal case. Here’s a
step-by-step guide to filing a civil case in the Philippines:
Consult a lawyer
 Consult a lawyer if you’re unsure whether a person’s actions constitute a criminal or a civil offense. In
either case, your attorney will help you through the process, protect your interests and help you achieve
the best possible resolution for the case.
File a complaint
The venue for filing a complaint depends on the nature of the case. Cases involving real estate disputes
(real actions) are filed in a proper court where the disputed property is located.
Cases involving persons (personal actions) are filed in courts where either the complainant or the
defendant resides.
If the defendant lives outside the Philippines and the case is a personal dispute, you may file the
complaint in a court within your area of residence. If the case is a property dispute, the suit may be filed
in a court where the property is located.
In filing the complaint, you also need to pay schedule-based filing fees.
* The case is then raffled to a judge.
* Ensure summons are served
* After the complaint is filed, the corresponding summons will be served upon the defendant.
Proof of service for the summons is crucial, and without it, the case may be dismissed. The law provides
various ways for summons to be served.  If the defendant’s whereabouts are unknown, the law allows
service by publication.
Your lawyer will exhaust all means to ensure the summons are properly served within the allowed
period so the case may flourish.
Go through pre-trial
A pre-trial that brings all parties together for a possible peaceful settlement is required by law. The
presence of both the defendant and the plaintiff is mandatory, unless their absence is legally excused.
If the defendant fails to attend, the plaintiff may proceed to present evidence ex-parte. If the plaintiff is
absent, the case may be dismissed.
Go through trial
Evidence, rebuttal evidence and sur-rebuttals will be presented during the trial. Due to the passage of the
Judicial Affidavit Rule, a Witness’s’ direct testimony is now given through written statements by using
Judicial Affidavit instead of verbal direct examination, and the witnesses may be cross-examined on
his/her Judicial Affidavit.
After all evidence and affidavits have been presented and reviewed, both parties will be required to file a
written memorandum summarizing their position. The case is then considered submitted for decision.
The Judge’s Decision
In some cases, the judge may render a decision based on submitted affidavits without going through an
actual trial.
Under the Constitution and Rules of Court, a decision should be rendered within 30 to 90 days after the
case was submitted for decision.
Either party may file an appeal within 15 days from the receipt of the decision. If no appeal is filed, the
decision will be implemented.

Criminalistics and Forensic Sciences in the Conduct of Special Crime Investigation

Ballistics
1. a: the science of the motion of projectiles in flight. b: the flight characteristics of a projectile.
2a: the study of the processes within a firearm as it is fired. b: the firing characteristics of a
firearm or cartridge.

Explosives Analysis
A backpack left on a crowded city street. A gunman’s apartment. A meth lab in an abandoned
building. These are all areas where explosives have been found—ready to detonate, endangering lives
and property. In today’s law enforcement environment, officers are more sensitive than ever to the
possible existence of explosive devices.
The bomb squads who respond to these situations are highly trained to identify explosives and to
dispose, disrupt or render them safe. In a situation where an explosion has occurred, investigators will
scour the area to piece together clues to help identify the type of device used and gather all available
physical evidence or witness testimony that could help lead to the bomber. Fragments of circuit boards,
fingerprints, even pieces of pet hair have been used to help narrow the investigation and nab a
perpetrator.
Principles of Explosives Analysis
Explosives are used for a variety of legitimate applications from mining to military operations.
However, these materials can also be used by criminals and terrorists to threaten harm or cause death
and destruction.
Bombs can be either explosive or incendiary devices, or a combination of the two. An explosive device
employs either a liquid, a powder, or a solid explosive material; an incendiary device is flammable and
is intended to start a fire.
Explosives are classified according to the speed at which they react. High explosive materials, such as
dynamite, Trinitrotoluene (TNT), C-4 and acetone peroxide, react at a rate faster than the speed of sound
in that material, causing a loud detonation. These substances are tightly controlled to ensure they are not
easily procured

Plastic explosive (Courtesy of NFSTC)


A low explosive material, such as gunpowder, smokeless powder or fireworks, burns much slower. Low
explosives are often used as propellant. A low explosive must be confined to explode. Note: In the case
of a low explosive, this is referred to as a “deflagration,” not detonation, since the reaction occurs at a
rate below the speed of sound, in the material.1
Bomb Blast Effects-The effects of an explosion are created through the action of several rapidly
occurring events. The most damaging phase of the explosion is the initial blast wave that radiates rapidly
outward from the epicenter. This wave of highly compressed air inflicts the primary damage to
structures and people.
The initial blast wave, also called shock waves, violently expel fragments of the casing and shrapnel
such as nails or screws that may have been added to the device. In addition to the shrapnel from the
device, when an explosion occurs in or near a building, fragments from high-velocity glass shards or
other building materials can be a large contributor to injuries.
The blast may also produce high heat and a fireball that could start secondary fires or explosions. In
most explosions the seat of the explosion should be apparent, but structural damage and physical
damage to vehicles can be used to approximate the location of the seat of the explosion.
Common Explosive/Incendiary Devices

Common pipe bomb (Courtesy of NFSTC)


One of the most common explosives encountered by a bomb squad is a pipe bomb. A pipe bomb is a
section of pipe that usually contains a low explosive powder mixture. The ends are capped and a fuse is
inserted into the explosive powder. Upon explosion, the bomb sends shards of the pipe outward at a
rapid speed. If a bomb has a hard casing, such as a steel pipe, large fragments may be found around the
blast site. If a bomb has a soft casing, it will generally leave smaller fragments behind. (Image courtesy
of FBI)
Improvised explosive devices (IED) - The term “IED” has become commonplace since U.S.
involvement in the Iraq and Afghanistan wars. These homemade devices can be delivered in a myriad of
different designs—from letter bombs to roadside bombs. IEDs employ at least four key components: a
power supply, initiator, explosive material and a switch. A typical IED marries an explosive main charge
with electrical fusing system that can contain components from a device such as a mobile phone or
garage door opener.

Common IEDs (left to right): remote controlled IED, victim-operated IEDs (2) (Courtesy of NFSTC)
Remote controlled IEDs often use radios or cell phones as the triggering device. Victim-operated IED
(VOIED) fusing systems require someone or something to complete an electronic circuit such as
stepping on two pieces of metal wire, held apart by an insulator. A VOIED using two metal strips wired,
but separated by matchboxes achieve the same effect as the saw blades above and show the diversity of
materials that IED triggers can be made from.

A car that has been struck by a relatively small IED offers much information about the device and
possibly the network that designed, built and delivered the device. (Courtesy of NFSTC)
Incendiary devices - A common incendiary device used by rioters to start fires is the Molotov cocktail.
A Molotov cocktail is a glass bottle containing a mixture of flammable liquids; a rag or fuse is attached
and lit just before the bottle is thrown. This ignites the liquid upon impact.
Why and when is Explosives Analysis used?
A bomb squad may be called in to investigate a variety of situations, from a backpack left on a street
corner to a bomb threat called in on a public building or workplace. The number one job of bomb
technicians is to identify potential threats and render them safe. Bomb squad personnel can determine
the type of explosive and the scope of the threat. This information may also help law enforcement
determine whether a circumstance is a coordinated terrorist threat or an isolated incident.
During the aftermath of the shooting in Aurora, CO, the bomb squad had to deal with the shooter’s
intricately booby-trapped apartment. After several days of examining the scene, technicians safely
extracted 30 home-made IEDs from the apartment. Water was used to disable a control box, then the
bombs were carted out in buckets of sand, and brought into an unpopulated area where they were
detonated. The shooter had set the bombs to explode via a series of trip wires when someone opened the
door of the apartment.
While high-profile incidents such as the bombing of the Murrah Federal Building in Oklahoma City in
April 1995, or the Boston Marathon bombing in April 2013 receive widespread attention, the majority of
explosives incidents involve residential properties, mailboxes and vehicles. 2 Vandalism and revenge are
the most frequent motives cited for these acts.
A key goal of an explosives investigation is to determine whether the explosion was an accident or was
set off deliberately with criminal intent. In addition, explosives analysis often provides key information
during an arson investigation
It’s an all-too-common scenario: A person is found dead at a crime scene, the victim of a gunshot
wound. Whether it’s a cold-blooded robbery/homicide or a heated crime of passion, investigators must
uncover the evidence and piece together the clues that will lead to the murder weapon. And with solid
detective work and a bit of good fortune, the weapon will hopefully lead to the shooter.
The field of forensic firearms identification, sometimes called ballistics, is at its heart the ability of a
firearms examiner to determine if a particular bullet or cartridge case was fired from a specific firearm.
This determination can be made thanks to small, often microscopic markings on bullets or cartridge
cases that are unique to ammunition fired from that firearm. Although the examiner cannot determine
who actually fired a weapon, matching the ammunition to a weapon provides vital facts for the
investigation.
In conjunction with this, the examiner has the ability to explain how a firearm functions and what safety
features a firearm might have. This can have an impact on investigations of suicides, unintentional
shootings and accidental firearm discharge.

Principles of Firearms Examination


The basis for firearms identification is founded on uniqueness: upon close examination, virtually all
objects can be distinguished from one another, and the same is true for firearms. Fortunately for criminal
investigators, the uniqueness of each firearm transfers to the cartridge case and bullet whenever the
weapon is fired. This has been proven through physical sciences including physics, metallurgy,
metallography and materials science.
The firearm’s surfaces (firing pin/striker, breach, barrel, etc.) that contact the softer cartridge case and
bullet contain random, unique, microscopic irregularities that make it different from other firearms -
even those of the exact same model. These differences can be used to identify or eliminate a weapon as
being used in a crime, if a cartridge case or bullet is recovered at the crime scene. This is done by
comparing the markings made on the cartridge cases or bullets when fired, using the firearms examiner’s
key tool: the comparison microscope.
In conjunction with this, the examiner has the ability to explain how a firearm functions and what safety
features a firearm might have. This can have an impact on investigations of suicides, unintentional
shootings and accidental firearm discharge.
General Rifling Characteristics
There are several general characteristics associated with firearms that can help lead the investigation.
These include the caliber (bore diameter) of the barrel, the number and dimension of the grooved
impressions inside a gun barrel, and the direction of the twist of these rifling grooves (clockwise or
counterclockwise).
Rifling grooves on the barrel of a revolver. (Courtesy of Scott Campbell, Ron Smith & Associates)
To help stabilize the flightpath of a bullet, manufacturers cut spiral grooves into the gun barrel. This
pattern of grooves on the barrel leaves corresponding raised and lowered areas on the surface of the
bullets fired from it. Measuring the number and width of these gross impressions can help firearms
examiners narrow the range of possible weapons to a particular class of firearm. (Note: Some
manufacturers use a technique called polygonal rifling that doesn’t allow for this type of assessment due
to the rounded profile of the rifling pattern.)
Individual Characteristics
While general characteristics can lead investigators to conclude that the bullet or cartridge was fired
from a particular class of firearm, such as a .45 caliber revolver, other more specific marks can help
identify the make and model of firearm that was used. These individual characteristics can be marks
produced by random imperfections during manufacturing or irregularities caused by use, corrosion or
damage.

Comparing groove impressions on a bullet recovered from a crime scene (left) to a bullet fired from
a .357 magnum (right) under 20× magnification. (Courtesy of NFSTC)

Comparison of a cartridge case recovered from a crime scene (left) to a cartridge case fired from a .357
Magnum (right) under a comparison microscope at 15× magnification. (Courtesy of NFSTC)
Why and when is firearms evidence examined?
Firearms evidence can usually be found at any crime scene where a weapon has been fired. These
include crimes such as murders, armed robberies and aggravated assaults. According to crime statistics
from the Federal Bureau of Investigation (FBI), in 2011 firearms were used in 68 percent of murders, 41
percent of robbery offenses and 21 percent of aggravated assaults in the US.
When evidence such as shot shell casings, cartridge cases, bullets and slugs is found at a crime scene—
or recovered from victims, buildings, furniture, vehicles, trees, etc.—an examiner can analyze it to
determine the type of firearm used. The examiner can also compare shot shell casings, cartridge cases
and bullets from different crime scenes to determine if a common firearm was used.
When a firearm is recovered, the examiner can either identify or eliminate it as the firearm used in the
crime, provided that (1) it still fires and (2) there is evidence such as a cartridge case or bullet for
comparison. If the firearm is identified as the one used in the shooting, the examiner will measure the
trigger pressure, determine if the weapon functions properly and ensure that the safety features are
working, which can support or eliminate potential defenses such as accidental discharge.
In addition to obvious types of firearms evidence, the evidence left behind could include gunshot residue
and powder burns. Examiners can use this evidence to determine distances involved in shootings so they
can reconstruct the incident. This can be used to support or refute an account of the shooting.
Firearms Evidence that May Be Found
The range of evidence in firearms-related cases can be as small as a piece of a bullet fragment which has
rifling marks or as large as hundreds of bullets and cartridge cases and numerous firearms. Even from
small samples, information can be developed to indicate the type of firearm used and possibly identify
the actual firearm that was used.
Other firearms evidence that could be found at a shooting scene includes shot shell wads and shot
pellets; these can indicate the gauge of the shotgun. Wads and pellets can be gathered and preserved in
the same manner as bullets and cartridge cases.
By examining wadding materials, the examiner may be able to determine:
* the gauge of the shotgun
* the manufacturer or marketer
* a range of possible shot sizes based on impressions in the shot shell wad
* individual characteristics (in some cases)
Gunshot residues fall into two categories. The first type is gathered from the suspected shooter’s hands
with a collection kit. The purpose of the examination is to determine if a person has recently handled or
fired a weapon. Since it doesn’t determine which firearm was fired or when, this testing has limited
value, and many laboratories have stopped performing these examinations. The second type looks for
residues on items such as a victim’s clothing in an effort to determine the muzzle-to-target distance.
Many times this type of evidence is not visible to the naked eye and requires microscopic examination
and chemical testing to develop. The victim’s clothing must be handled with care, air dried and stored in
paper containers in order to provide useful evidence.

Propellants and other gunshot residues expelled during the firing process. (Courtesy of Jack Dillon)
How the Samples Are Collected? Firearms evidence can be recovered in a number of ways and areas.
Firearms themselves can be recovered at shooting scenes by crime scene investigators and sent to the
laboratory. Bullets, bullet fragments, cartridge cases, shot shell wadding, etc., are normally collected
individually after proper documentation/photography and sent to the laboratory. Bullet evidence can also
be obtained at autopsy or in an emergency room setting. In these cases, the sample should be marked as
a biohazard and then sent to the laboratory. Each laboratory has written procedures for packaging and
submitting evidence.
Bullets/slugs that do not strike a person are often imbedded into a nearby surface such as wood/drywall.
This evidence is best gathered by cutting out a section of the material and submitting it to the laboratory
to allow a firearms examiner to carefully extract it. This prevents adding or destroying any markings that
could be crucial to identifying or matching the suspected firearm.
Who Conducts the Analysis
A well-trained firearms examiner should perform the evaluation and comparison of this evidence. These
examiners will have received extensive training on all matter of firearms and ammunition
manufacturing; evidence detection, recovery, handling and examination procedures; comparison
microscope equipment and procedures; courtroom testimony and legal issues; and casework.
The Association of Firearms & Tool Mark Examiners (AFTE), an international group of nearly a
thousand examiners, has developed an examiner training course which takes 18 to 24 months to
complete. Visit the online version of this training ▸
Three separate areas:
Firearm Evidence Examination and Identification; Tool mark Evidence Examination and Identification;
and Gunshot Residue Evidence Examination and Identification.
Most state crime laboratories in the US have a firearms examiner(s) on staff who can perform analysis
for police departments within their jurisdiction if the need arises. Some police agencies have their own
qualified examiner on staff.
How and Where the Analysis is Performed
Most examinations are performed by crime laboratory employees who are trained to conduct this type of
examination. However, there are private laboratories/companies that can also perform this type of
examination for a fee; often these are staffed by retired examiners. Whichever is selected, the evidence
needs to be submitted for examination along with any firearms collected following the policies and
procedures set down by the submitting agency.
Actual items of evidence are submitted to either crime laboratories or private laboratories according to
the requesting agency’s policies and procedures. These items should be submitted in a manner that
follows good chain-of-custody protocols.
The laboratory will have certain items of equipment available to conduct the examinations required.
Measuring devices such as calipers and balances are used to weigh and measure bullet evidence. Stereo
microscopes are used to determine basic class characteristics of fired bullets, bullet fragments and
cartridge/shot shell cases. A comparison microscope is used for the examination of fired bullets, bullet
fragments and cartridge/shot shell cases. Equipment used for the examination of firearms include the
above items plus special equipment to measure the trigger pull of the firearm and examine the interior of
the barrel. Also there must be facilities to test-fire the submitted firearm and recover fired bullets and
cartridge cases. Most laboratories use a water recovery method, which is a large tank of water with a
port into which the firearm is discharged. There are other systems used as well, such as metal boxes
containing cotton waste material.

Examiner using a comparison microscope to analyze two .22 caliber casings. (Courtesy of NFSTC)
Fingerprinting is a very useful method in identification of a person. A fingerprint is unique to an
individual and is permanent. The best method is DNA fingerprinting. One of the most common DNA
fingerprinting procedures is RFLP (Restriction Fragment Length Polymorphism).

What is fingerprint identification?

Fingerprint Identification is the method of identification using the impressions made by the minute
ridge formations or patterns found on the fingertips. No two persons have exactly the same
arrangement of ridge patterns, and the patterns of any one individual remain unchanged throughout life
What are the 7 basic fingerprint patterns?
The Federal Bureau of Investigation (FBI) recognizes eight different types of fingerprint patterns: radial
loop, ulnar loop, double loop, central pocket loop, plain arch, tented arch, plain whorl, and
accidental. Whorls are usually circular or spiral in shape

What are the types of fingerprint impression?


(a) Plain fingerprint, (b) rolled fingerprint, and (c) latent fingerprint. Fingerprints are the most
widely used biometric characteristic

Why fingerprint is the most important identification?


No two people have exactly the same fingerprints. Even identical twins, with identical DNA, have
different fingerprints. This uniqueness allows fingerprints to be used in all sorts of ways, including
for background checks, biometric security, mass disaster identification, and of course, in criminal
situations.

What is scientific method of identification?

The acronym for a scientific method: Analysis, Comparison, Evaluation, and Verification (see


individual terms). AFIS. The acronym for Automated Fingerprint Identification System.

Who is the father of fingerprint?


26. 1901-Sir Edward Richard Henry was appointed assistant commissioner at Scotland Yard. His
system was so applicable that Henry emerged as the “Father of Fingerprints,” at least as the first man to
successfully apply fingerprints for identification

When and when is fingerprint analysis used?


Fingerprints can be used in all sorts of ways:
* Providing biometric security (for example, to control access to secure areas or systems)
* Identifying amnesia victims and unknown deceased (such as victims of major disasters, if their
fingerprints are on file)
* Conducting background checks (including applications for government employment, defense security
clearance, concealed weapon permits, etc.).

Personal Identification are especially important in the criminal justice realm. Investigators and analysts
can compare unknown prints collected from a crime scene to the known prints of victims, witnesses and
potential suspects to assist in criminal cases. For example:
* A killer may leave their fingerprints on the suspected murder weapon
* A bank robber’s fingerprints may be found on a robbery note
* In an assault case, the perpetrator may have left fingerprints on the victim’s skin
* A burglar may leave fingerprints on a broken window pane
* A thief’s fingerprints may be found on a safe
In addition, fingerprints can link a perpetrator to other unsolved crimes if investigators have reason to
compare them, or if prints from an unsolved crime turn up as a match during a database search.
Sometimes these unknown prints linking multiple crimes can help investigators piece together enough
information to zero in on the culprit.
In the absence of DNA, fingerprints are used by the criminal justice system to verify a convicted
offender’s identity and track their previous arrests and convictions, criminal tendencies, known
associates and other useful information. Officers of the court can also use these records to help make
decisions regarding a criminal’s sentence, probation, parole or pardon.
Where Fingerprints May Be Found
Fingerprints can be found on practically any solid surface, including the human body. Analysts classify
fingerprints into three categories according to the type of surface on which they are found and whether
they are visible or not: Fingerprints on soft surfaces (such as soap, wax, wet paint, fresh caulk, etc.) are
likely to be three-dimensional plastic prints; those on hard surfaces are either patent (visible) or latent
(invisible) prints. Visible prints are formed when blood, dirt, ink, paint, etc., is transferred from a finger
or thumb to a surface. Patent prints can be found on a wide variety of surfaces: smooth or rough, porous
(such as paper, cloth or wood) or nonporous (such as metal, glass or plastic).
Latent prints are formed when the body’s natural oils and sweat on the skin are deposited onto another
surface. Latent prints can be found on a variety of surfaces; however, they are not readily visible and
detection often requires the use of fingerprint powders, chemical reagents or alternate light sources.
Generally speaking, the smoother and less porous a surface is, the greater the potential that any latent
prints present can be found and developed.
Collecting Patent Prints
Patent prints are collected using a fairly straightforward method: photography. These prints are
photographed in high resolution with a forensic measurement scale in the image for reference.
Investigators can improve the quality of the images by using low-angle or alternate light sources and/or
certain chemicals or dyes during photography, but this is usually not necessary.
Collecting Latent Prints
One of the most common methods for discovering and collecting latent fingerprints is by dusting a
smooth or nonporous surface with fingerprint powder (black granular, aluminum flake, black magnetic,
etc.). If any prints appear, they are photographed as mentioned above and then lifted from the surface
with clear adhesive tape. The lifting tape is then placed on a latent lift card to preserve the print.
However, fingerprint powders can contaminate the evidence and ruin the opportunity to perform other
techniques that could turn up a hidden print or additional information. Therefore, investigators may
examine the area with an alternate light source or apply cyanoacrylate (super glue) before using
powders.
Alternate Light Source (ALS): It is becoming more commonplace for investigators to examine any
likely surfaces (doors, doorknobs, windows, railings, etc.) with an alternate light source. These are laser
or LED devices that emit a particular wavelength, or spectrum, of light. Some devices have different
filters to provide a variety of spectra that can be photographed or further processed with powders or dye
stains. For example, investigators may use a blue light with an orange filter to find latent prints on desks,
chairs, computer equipment or other objects at the scene of a break-in.
Using a fluorescent dye stain and an orange alternate light source helps this latent print appear clearly so
that it can be documented. (Courtesy of Scott Campbell, Ron Smith & Associates)
Cyanoacrylate: Investigators often perform cyanoacrylate (superglue) processing, or fuming, of a
surface before applying powders or dye stains. This process, typically performed on non-porous
surfaces, involves exposing the object to cyanoacrylate vapors. The vapors (fumes) will adhere to any
prints present on the object allowing them to be viewed with oblique ambient light or a white light
source.
A chamber specially designed for exposing latent prints to super glue fumes. (Courtesy of Scott
Campbell, Ron Smith & Associates)
Chemical Developers: Porous surfaces such as paper are typically processed with chemicals, including
ninhydrin and physical developer, to reveal latent fingerprints. These chemicals react with specific
components of latent print residue, such as amino acids and inorganic salts. Ninhydrin causes prints to
turn a purple color, which makes them easily photographed. DFO (1,2-diazafluoren-9-one) is another
chemical used to locate latent fingerprints on porous surfaces; it causes fingerprints to fluoresce, or
glow, when they are illuminated by blue-green light.

Paper treated with ninhydrin reagent reveals latent prints after being processed with a household steam
iron. (Courtesy of NFSTC)
Other Collection Methods: In addition to the methods identified above, there are special techniques for
capturing prints from skin, clothing and other difficult surfaces. Amido Black, a non-specific protein
stain that reacts with any protein present, is typically used for developing or enhancing bloody
impressions on human skin. To reveal prints on clothing, high-tech methods such as vacuum metal
deposition using gold and zinc are showing promise for the investigator. AccuTrans®, a liquid casting
compound, can be used to lift powdered latent prints from rough, textured or curved surfaces.
AccuTrans® is basically a very thick liquid that fills in the nooks and crannies of rough or textured areas
where conventional print lifting tape encounters difficulty.
Like fingerprint powders, chemical processing can reduce the investigator’s ability to perform other
techniques that could reveal valuable information. Therefore, any nonsdestructive investigations are
performed before the evidence is treated with chemicals. For example, a ransom or hold-up note will be
examined by a questioned documents expert before being treated with ninhydrin, since some
formulations of ninhydrin will cause certain inks to run, thus destroying the writing.
Who Conducts the Analysis
In criminal justice cases, computerized systems are used to search various local, state and national
fingerprint databases for potential matches. Many of these systems provide a value indicating how close
the match is, based on the algorithm used to perform the search. Fingerprint examiners then review the
potential matches and make a final determination.
Fingerprint examinations may be conducted by forensic scientists, technicians or police officers;
however, the examiner should have the proper training and experience to perform the task. Currently
many agencies require new examiners to have a four-year degree in science (biology, chemistry or
physics). In addition, agencies may require examiners to become certified by the International
Association for Identification (IAI). IAI’s website provides certification requirements.
How and Where the Analysis is Performed
Fingerprint analysis is usually performed by law enforcement agencies or crime laboratories; however,
casework may be sent to private companies if there is a need, such as to reduce backlogs, verify results,
or handle high-profile cases.
Fingerprint examination involves looking at the quality and quantity of information in order to find
agreement or disagreement between the unknown print (from the crime scene) and known prints on file.
To conduct the examination, fingerprint examiners use a small magnifier called a loupe to view minute
details (minutiae) of a print. A pointer called a ridge counter is used to count the friction ridges.
The Fingerprint Analysis Process
Fingerprint examiners use the ACE-V (analysis, comparison, evaluation and verification) method to
reach a determination on each print.
Analysis involves assessing a print to determine if it can be used for a comparison. If the print is not
suitable for comparison because of inadequate quality or quantity of features, the examination ends and
the print is reported as not suitable. If the print is suitable, the analysis indicates the features to be used
in the comparison and their tolerances (the amount of variation that will be accepted). The analysis may
also uncover physical features such as recurves, deltas, creases and scars that help indicate where to
begin the comparison.
Comparisons are performed by an analyst who views the known and suspect prints side-by-side. The
analyst compares minutiae characteristics and locations to determine if they match. Known prints are
often collected from persons of interest, victims, others present at the scene or through a search of one or
more fingerprint databases such as the FBI’s Integrated Automated Fingerprint Identification System
(IAFIS). IAFIS is the largest fingerprint database in the world and, as of June 2012, held more than 72
million print records from criminals, military personnel, government employees and other civilian
employees.
Evaluation is where the examiner ultimately decides if the prints are from the same source
(identification or individualization), different sources (exclusion) or is inconclusive. Inconclusive results
may be due to poor quality samples, lack of comparable areas, or insufficient number of corresponding
or dissimilar features to be certain.
Verification is when another examiner independently analyzes, compares and evaluates the prints to
either support or refute the conclusions of the original examiner. The examiner may also verify the
suitability of determinations made in the analysis phase.
FORENSIC PHOTOGRAPHY
It is referred to as forensic imaging or crime scene photography, is the art of producing an accurate
reproduction of a crime scene or an accident scene using photography for the benefit of a court or
to aid in an investigation. It is the part of evidence collecting.

What was the rogues’ gallery that was used by police?


A rogues' gallery (or rogues’ gallery) is a police collection of mug shots or other images of criminal
suspects kept for identification purposes.
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. SPECIFIC APPLICATION
1. Identification Photographs
– An identification photograph should be an accurate likeness of the subject, from which he can be
recognized by witnesses or police officers. These photographs should strive to reproduce every
mole, scar, wrinkles and other marks which will help identify the subject.
2. Crime-Scene Photography
– This is also referred to as Forensic photography, is an activity that records the initial appearance
of the crime scene and physical evidence, in order to provide a permanent record for the courts.
– The primary purpose of crime-scene photography is to provide information that will assist the
successful investigation and subsequent prosecution of a criminal case. Photography is used as
a permanent visual record of the exact and original location and condition of the different
aspects of the scene and vital evidences of proof. Hence, the indispensable photographing of the
crime scene should be done completely and accurately before objects of evidence are removed,
altered, or lost.
– In the initial stages of an investigation, there are certain aspects that are not readily evident, but
later they may affect vital issues of the case. Take note that photography is a means of visual
communication basically with a more universal way of conveying a message or idea that spoken
or written words. The aim or goal is to record maximum information in a series of photographs
which will enable a viewer to understand WHERE and HOW the crime committed. The term
“crime scene” refers not only to immediate locality in which the criminal act was perpetrated but
also to adjacent areas where important acts took place immediately before or after the
commission of the crime. The number and type of photographs will naturally be determined by
the circumstances and details of the crime. Remember the forensic photography is the
“documentation” of the scene. It is an accurate and logical “story” as told by the scene in visual
form. The immense value of the completeness must be priority over the cost of films and other
materials. It is a wise move to take more pictures than too few.
– Each crime has individual features which will be photographed. Keep in mind the nature of the
offense and try to show the features that establishes the elements of the offense. It is prudent that
the judgment should not be that of the photographer alone but in consultation with the officer of
the case.

FINGERPRINT PHOTOGRAPHY
Purpose:
1) Makes permanent records of fingerprints
2) Will bring out faint fingerprints which cannot be studied by the naked eye but often are of great value for
identification purposes.
3) It can magnify a fingerprint to almost any extent desired.
4) Will make possible the side-by-side comparisons of magnified fingerprints for the courts to see whether
or not two or more fingerprints are identical in detail.

QUESTIONED DOCUMENT PHOTOGRAPHY

a. General used of Photography in QDE


1) for record purposes.
2) Magnification.
3) Side by side comparison
b. Areas of photographic concern:
1) Papers
a. Erasures
1. Mechanical – sidelight photography
2. Chemical - Ultraviolet or infra-red photography
b. Paper identification (water marks) – transmitted light photography
c. Eliminations of paper background – use of filters
d. Indented writing – Sidelight photography
PREPARATION OF PHOTOGRAPHIC EVIDENCE

LEGAL FOUNDATION OF PHOTOGRAPHY


1. For Black and White Photographs
a. 1859 – Daguerreotype was used in a civil case, Lueo vs. United States, 23 Howard 515 to decide
on the authenticity of photographs in comparing signatures.
b. 1874 – In a Criminal case introducing photograph as identification evidence, Underzook vs.
Commonwealth, 76 Pa. 340
2. For Color Photographs
a. 1943 – Civil Litigations Green vs. City and country of Denver, involving color photography of
spoiled meat in violation for a health ordinance prohibiting the sale of putrid meat to the public.
b. 1960 – In criminal case, State vs. Conte 157 Comm. 251 A.2d 81 showing the graphic wound of
the victim.
RULES ON ADMISSABILITY
 It is an established fact that a photograph offered in evidence should be a true and faithful representation
of the scene or subject matter. The person viewing it should get an impression of the scene or object
which does not mislead in any of the important aspect. It should be free from unusual distortion of lines,
shapes, and color or any deceptive tone relationship. Important subjects should be in sharp focus.
Questioned Document − A document, usually related to matters involving criminal or civil
litigation, in which the originality, authenticity or background is disputed. Request
Exemplars or Requested Known Specimens/Standards − Writing specimens created by an
individual at the request of an investigator.

Questioned Document Examination


Questioned document examination (QDE) is a forensic science discipline pertaining to
documents that are potentially disputed in a court of law. The examination’s primary purpose is
to provide evidence about suspicious or questioned documents using a variety of scientific
principles and methods. Document examination might include alterations, obliterations, paper
analysis, forgery, origin
In forensic science, questioned document examination is the examination of documents
potentially disputed in a court of law. Its primary purpose is to provide evidence about a
suspicious or questionable document using scientific processes and methods. determining
authenticity, or any other questions.
A questioned document investigation is an in-depth look into a document that is being
questioned in the case of fraud, forgery, etc. The investigation is usually initiated in the event
that large sums of money, heirlooms, or other assets are being called into question by a third
party.
How important is questioned document in a criminal investigation?
The purposes of questioned document examination are many. Such examinations can help
determine the authenticity of a document, the source of the forgery (if present), if a crime was
committed - as well as what kind of crime - and much more.
Equipment used in forensic document examination includes: microscopes and additional optical
aids; photographic and computer imaging devices, a wide variety of imaging materials adaptable
for use with a variety of lighting methods, including those involving radiant energy in the
ultraviolet, visible, infrared, and other regions of the electromagnetic spectrum. There are also
electrostatic devices for the visualization of indentations and other features present on paper.
Other analytical instrumentation may be used where appropriate.
Handling Document Evidence

Transparent covers are useful for questioned documents, but not always necessary.  They
do allow an investigator to view the document without adding any additional fingerprints or
impressions. Manila envelopes are also suitable.
* Use covers or envelopes that are large to hold the document without folding. Wear gloves
when handling questioned documents.
* Do not feed questioned documents through an auto-document feeder on a copier.
* Keep documents away from excessive heat, light or dampness.
*Maintain a chain of custody.
* In general, handle documentary evidence as little as possible.

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DO NOT:

*Do not use pins, staples, clips or tape on documents.


*Do not make perforations in documents.
* Do not make any new folds in documents. If it is necessary to unfold or open a document for
inspection, remember how it was folded (This may be important later). Once unfolded, keep
open if practical, in proper size envelope.
* Do not dust document with fingerprint powder. Documents can be photographed and
chemically processed in the laboratory.
* Do not write or otherwise mark on documents. Small identifying marks may be made on the
back bottom corner. Description of the matter should be written on separate sheet of paper.
* If any writing is to be made on protective cover, it should be done before document is inserted.
* Do not touch document with a pencil, pen or other pointed instrument.
* If you have a jig-saw puzzle of torn pieces of document, DO NOT paste or tape them together.
Send pieces into the document examiner for a reconstruction and she/he will photograph (or
photocopy) the results for you.
* Do not make any erasures on document.
* Do not trace over questioned document.
* Do not tear document or make unnecessary repairs.
* Do not underscore or encircle words on questioned documents. If notes are necessary, make a
photocopy and place notations on the photocopy.
* Do not carry disputed documents loosely in the pocket.
* Do not allow handling of unprotected document by ANYONE. Show others only a photograph
or photocopy.

Activity 1

Direction: Using your own words, describe forensic sciences in the conduct of special crime
investigation five (5) points each.

Forensic Sciences Description Process of Examination

Ballistics/Firearm Examination

Fingerprint/Personal
Identification

Forensic Photography
Examination

Question Document
Examination

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Republic Act 9208 or the Anti-Trafficking in
Persons Act of 2003, as amended by RA
10364 also known as the Expanded Anti-
Trafficking in Persons Act of 2012.

What is Trafficking in Persons (TIP)? Trafficking in persons is an illegal act and is considered a
violation of human rights.

Republic Act 9208 or the Anti-Trafficking in Persons


Section 1. Title. — This Act shall be known as the “Anti-Trafficking in Persons Act of 2003.”
Section 2. Declaration of Policy. — It is hereby declared that the State values the dignity of
every human person and guarantees the respect of individual rights. In pursuit of this policy, the
State shall give highest priority to the enactment of measures and development of programs that
will promote human dignity, protect the people from any threat of violence and exploitation,
eliminate trafficking in persons, and mitigate pressures for involuntary migration and servitude
of persons, not only to support trafficked persons but more importantly, to ensure their recovery,
rehabilitation and reintegration into the mainstream of society. 
It shall be a State policy to recognize the equal rights and inherent human dignity of women and
men as enshrined in the United Nations Universal Declaration on Human Rights, United Nations
Convention on the Rights of the Child, United Nations Convention on the Protection of Migrant
Workers and their Families, United Nations Convention Against Transnational Organized Crime
Including its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children and all other relevant and universally accepted human rights instruments
and other international conventions to which the Philippines is a signatory.
Section 3. Definition of Terms. — As used in this Act:
(a)    Trafficking in Persons — refers to the recruitment, transportation, transfer or harboring,
or receipt of arsons with or without the victim’s consent or knowledge, within or across national
borders by means of threat or use of force, or other forms of coercion, abduction, fraud,
deception, abuse of power or of position, taking advantage of the vulnerability of the persons, or,
the giving or receiving of payments or benefits to achieve the consent of a person having control
over another person for the purpose of exploitation which includes at a minimum, the
exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or
services, slavery, servitude or the removal or sale of organs.
The recruitment transportation, transfer, harboring or receipt of a child for the purpose of
exploitation shall also be considered as “trafficking in persons” even if it does not involve any
of the means set forth in the preceding paragraph.
(b)    Child — refers to a person below eighteen (18) years of age or one who is over eighteen
(18) but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty,
exploitation, or discrimination because of a physical or mental disability or condition.
(c)    Prostitution — refers to any act, transaction, scheme or design involving the use of a
person by another, for sexual intercourse or lascivious conduct in exchange for money, profit or
any other consideration. 

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(d)    Forced Labor and Slavery — refer to the extraction of work or services from any person
by means of enticement, violence, intimidation or threat, use of force or coercion, including
deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or deception.
(e)    Sex Tourism — refers to a program organized by travel and tourism-related establishment
and individuals which consists of tourism packages or activities, utilizing and offering escort and
sexual services as enticement for tourists. This includes sexual services and practices offered
during rest and recreation periods for members of the military.
(f)    Sexual Exploitation — refers to participation by a person in prostitution or the production
of pornographic materials as a result of being subjected to a threat, deception, coercion,
abduction, force, abuse of authority, debt bondage, fraud or through abuse of a victim’s
vulnerability.
(g)    Debt Bondage — refers to the pledging by the debtor of his/her personal services or labor
or those of a person under his/her control as security or payment for a debt, when the length and
nature of services is not clearly defined or when the value of the services as reasonably assessed
is not applied toward the liquidation of the debt.
(h)    Pornography — refers to any representation, through publication, exhibition,
cinematography, indecent shows, information technology, or by whatever means, of a person
engaged in real or simulated explicit sexual activities or any representation of the sexual parts of
a person for primarily sexual purposes.
(i)    Council — shall mean the Inter-Agency Council Against Trafficking created under Sec. 20
of this Act.
Section 4. Acts of Trafficking in Persons. — It shall be unlawful for any person, natural or
judicial, to commit any of the following acts.
(a)    To recruit, transport, transfer, harbor, provide, or receive a person by any means, including
those done under the pretext of domestic or overseas employment or training or apprenticeship,
for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(b)    To introduce or match for money, profit, or material, economic or other consideration, any
person or, as provided for under Republic Act No. 6955, any Filipino women to a foreign
national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to
engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
(c)    To offer or contract marriage, real or simulated, for the purpose of acquiring, buying,
offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation,
forced labor or slavery, involuntary servitude or debt bondage; 
(d)    To undertake or organize tours and travel plans consisting of tourism packages or activities
for the purpose of utilizing and offering persons for prostitution, pornography or sexual
exploitation;
(e)    To maintain or hire a person to engage in prostitution or pornography;
(f)    To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(g)    To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force,
fraud deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of
said person; and

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(h)    To recruit, transport or adopt a child to engage in armed activities in the Philippines or
abroad.
Section 5. Acts that Promote Trafficking in Persons. — The following acts which promote or
facilitate trafficking in persons shall be unlawful:
(a)    To knowingly lease or sublease, use or allow to be used any house, building or
establishment for the purpose of promoting trafficking in persons;
(b)    To produce, print and issue or distribute unissued, tampered or fake counseling certificates,
registration stickers and certificates of any government agency which issued these certificates
and stickers as proof of compliance with government regulatory and pre-departure requirements
for the purpose of promoting trafficking in persons; 
(c)    To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication,
printing broadcasting or distribution by any means, including the use of information technology
and the internet, of any brochure, flyer, or any propaganda material that promotes trafficking in
persons;
(d)    To assist in the conduct of misrepresentation or fraud for purposes of facilitating the
acquisition of clearances and necessary exit documents from government agencies that are
mandate to provide pre-departure registration and services for departing persons for the purpose
of promoting trafficking in persons;
(e)    To facilitate, assist or help in the exit and entry of persons from/to the country at
international and local airports, territorial boundaries and seaports who are in possession of
unissued, tampered or fraudulent travel documents for the purpose of promoting trafficking in
persons;
(f)    To confiscate, conceal, or destroy the passport, travel documents, or personal documents or
belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the
country or seeking redress from the government or appropriate agencies; and
(h)    To knowingly benefit from, financial or otherwise, or make use of, the labor or services of
a person held to a condition of involuntary servitude, forced labor, or slavery.
Section 6. Qualified Trafficking in Persons. — The following are considered as qualified
trafficking:
(a)    When the trafficked person is a child;
(b)    When the adoption is effected through Republic Act No. 8043, otherwise known as the
“Inter-Country Adoption Act of 1995” and said adoption is for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(c)    When the crime is committed by a syndicate, or in large scale. Trafficking is deemed
committed by a syndicate if carried out by a group of three (3) or more persons conspiring or
confederating with one another. It is deemed committed in large scale if committed against three
(3) or more persons, individually or as a group;
(d)    When the offender is an ascendant, parent, sibling, guardian or a person who exercise
authority over the trafficked person or when the offense is committed by a public officer or
employee;
(e)    When the trafficked person is recruited to engage in prostitution with any member of the
military or law enforcement agencies;
(f)    When the offender is a member of the military or law enforcement agencies; and

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(g)    When by reason or on occasion of the act of trafficking in persons, the offended party dies,
becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or
the Acquired Immune Deficiency Syndrome (AIDS).
Sec. 7.    Confidentiality. — At any stage of the investigation, prosecution and trial of an
offense under this Act, law enforcement officers, prosecutors, judges, court personnel and
medical practitioners, as well as parties to the case, shall recognize the right to privacy of the
trafficked person and the accused. Towards this end, law enforcement officers, prosecutors and
judges to whom the complaint has been referred may, whenever necessary to ensure a fair and
impartial proceeding; and after considering all circumstances for the best interest of the parties
order a closed-door investigation, prosecution or trial. The name and personal circumstances of
the trafficked person or of the accused, or any other information tending to establish their
identities and such circumstances or information shall not be disclosed to the public.
In cases when prosecution or trial is conducted behind closed-doors, it shall be unlawful for any
editor, publisher, and reporter or columnist in case of printed materials, announcer or producer in
case of television and radio, producer and director of a film in case of the movie industry, or any
person utilizing tri-media facilities or information technology to cause publicly of any case of
trafficking in persons.
Section 8.  Prosecution of Cases. — Any person who has personal knowledge of the
commission of any offense under this Act, the trafficked person, the parents, spouse, siblings,
children or legal guardian may file a complaint for trafficking.
Section 9. Venue. — A criminal action arising from violation of this Act shall be filed where the
offense was committed, or where any of its elements occurred, or where the trafficked person
actually resides at the time of the commission of the offense: provided, that the court where the
criminal action is first filed shall acquire jurisdiction to the exclusion of other courts.

Section 11. Use of Trafficked Persons. — Any person who buy or engages the services of
trafficked persons for prostitution shall be penalized as follows:
(a)    First offense — six (6) months of community service as may be determined by the court
and a fine of Fifty thousand pesos (P50,000.00); and
(b)    Second and subsequent offenses — Imprisonment of one (1) year and a fine of One
hundred thousand pesos (P100,000.00).
Section 12. Prescriptive Period. — Trafficking cases under this Act shall prescribe in ten (10)
years: provided, however, that trafficking cases committed by a syndicate or in a large scale as
defined under Sec. 6 shall prescribe in twenty (20) years.
The prescriptive period shall commence to run from the day on which the trafficked person is
delivered or released from the conditions of bondage and shall be interrupted by the filing of the
complaint or information and shall commence to run again when such proceedings terminate
without the accused being convicted or acquitted or are unjustifiably stopped for any reason not
imputable to the accused.
(b)   Department of Social Welfare and Development (DSWD) — shall implement
rehabilitative and protective programs for trafficked persons. It shall provide counseling and
temporary shelter to trafficked persons and develop a system for accreditation among NGOs for
purposes of establishing centers and programs for intervention in various levels of the
community.

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(c)    Department of Labor and Employment (DOLE) — shall ensure the strict
implementation and compliance with the rules and guidelines relative to the employment of
persons locally and overseas. It shall likewise monitor, document and report cases of trafficking
in persons involving employers and labor recruiters. 
(d)    Department of Justice (DOJ) — shall ensure the prosecution of persons accused of
trafficking and designate and train special prosecutors who shall handle and prosecute cases of
trafficking. It shall also establish a mechanism for free legal assistance for trafficked persons, in
coordination with the DSWD, Integrated Bar of the Philippines (IBP) and other NGOs and
volunteer groups.
(e)    National Commission on the Role of Filipino Women (NCRFW) — shall actively
participate and coordinate in the formulation and monitoring of policies addressing the issue of
trafficking in persons in both its local and international advocacy for women’s issues.
(f)    Bureau of Immigration (BI) — shall strictly administer and enforce immigration and alien
administration laws. It shall adopt measures for the apprehension of suspected traffickers both at
the place of arrival and departure and shall ensure compliance by the Filipino fiancés/fiancées
and spouses of foreign nationals with the guidance and counseling requirements as provided for
in this Act.
(g)    Philippine National Police (PNP) — shall be the primary law enforcement agency to
undertake surveillance, investigation and arrest of individuals or persons suspected to be engaged
in trafficking. It shall closely coordinate with various law enforcement agencies to secure
concerted efforts for effective investigations and apprehension of suspected traffickers. It shall
also establish a system to receive complaints and calls to assist trafficked persons and conduct
rescue operations.
(h)    Philippine Overseas Employment Administration (POEA) — shall implement an
effective pre-employment orientation seminars and pre-departure counseling programs to
applicants for overseas employment. It shall likewise formulate a system of providing free legal
assistance to trafficked persons.
(i)    Department of the Interior and Local Government (DILG) — shall institute a
systematic information and prevention campaign and likewise maintain a databank for the
effective monitoring documentation and prosecution of cases on trafficking in persons.
(j)    Local government units (LGUs) — shall monitor and document cases of trafficking in
persons in their areas of jurisdiction, effect the cancellation of licenses of establishments which
violate the provisions of this Act and ensure effective prosecution of such cases. They shall also
undertake an information campaign against trafficking in persons through the establishment of
the Migrants Advisory and Information Network (MAIN) desks in municipalities or provinces in
coordination with DILG, Philippine Information Agency (PIA), Commission on Filipinos
Overseas (CFO), NGOs and other concerned agencies. They shall encourage and support
community based initiatives which address the trafficking in persons. In implementing this Act,
the agencies concerned may seek and enlist the assistance of NGOs, people’s organizations
(POs), civic organizations and other volunteer groups.
Section 17. Legal Protection to Trafficked Persons. — Trafficked persons shall be recognized
as victims of the act or acts of trafficking and as such shall not be penalized for crimes directly
related to the acts of trafficking enumerated in this Act or in obedience to the order made by the
trafficker in relation thereto. In this regard, the consent of a trafficked person to the intended
exploitation set forth in this Act shall be irrelevant.

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Section 19. Trafficked Persons Who Are Foreign Nationals. — Subject to the guidelines
issued by the Council, trafficked persons in the Philippines who are nationals of a foreign
country shall also be entitled to appropriate protection, assistance and services available to
trafficked persons under this Act: provided, that they shall be permitted continued presence in
the Philippines for a length of time prescribed by the Council as necessary to effect the
prosecution of offenders.

Section 20. Inter-Agency Council Against Trafficking. — There is hereby established an


Inter-Agency Council Against Trafficking, to be composed of the Secretary of the Department of
Justice as Chairperson and the Secretary of the Department of Social Welfare and Development
as Co-Chairperson and shall have the following as members:
(a) Secretary, Department of Foreign Affairs;
(b) Secretary, Department of Labor and Employment;
(c) Administrator, Philippine Overseas Employment Administration;
(d) Commissioner, Bureau of Immigration;
(e) Director-General, Philippine National Police;
(f) Chairperson, National Commission on the Role of Filipino Women; and
(g) Three (3) representatives from NGOs, who shall be composed of one (1) representative each
from among the sectors representing women, overseas Filipino workers (OFWs) and children,
with a proven record of involvement in the prevention and suppression of trafficking in persons.
What are the rights of the victims?
The United Nations Declaration matches these victims' needs with a range of rights, including
the right to respect and recognition, the right to protection; access to justice and a fair treatment;
assistance and support; and redress for the negative effects of crime in form of restitution and
compensation.

What is the important of victim’s welfare?


Victims who receive appropriate and adequate care and support are more likely to cooperate
with the criminal justice system in bringing perpetrators of crime to justice
What are the rights of the victim here in the Philippines?
Article 68 Protection of the victims and witnesses and their participation in the proceedings.
1. The Court shall take appropriate measures to protect the safety, physical and psychological
well-being, dignity and privacy of victims and witnesses
What are the concepts and principles of human rights?
Human rights are universal and inalienable; indivisible; interdependent and interrelated.
They are universal because everyone is born with and possesses the same rights,
regardless of where they live, their gender or race, or their religious, cultural or ethnic
background
What is the principle of universal declaration of human rights?
The Universal Declaration of Human Rights establishes the equality and dignity of every
human being and stipulates that every Government has a core duty to enable all people to enjoy

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all their inalienable rights and freedoms. All of us have a right to speak freely and participate in
decisions that affect our lives

Human trafficking is a global problem and one of the world's most shameful crimes, affecting the lives
of millions of people around the world and robbing them of their dignity. Traffickers deceive women,
men and children from all corners of the world and force them into exploitative situations every day.

MYTH: Trafficking includes some form of travel or transportation across borders. Expand

FACT: Human trafficking does not require movement or border crossing. If someone is forced
to work or engage in commercial sex against their will, it is trafficking.
MYTH: Victims must be held against their will using some form of physical restraint.
Expand

FACT: While some traffickers physically hold the people they exploit; it is more common for
them to use psychological means of control. Fear, trauma, drug addiction, threats against
families, and a lack of options due to poverty and homelessness can all prevent someone from
leaving. Some individuals who experience trafficking may also be manipulated or believe they
are in love with their trafficker, which can make them resistant to seeking help.
Some traffickers use subtler methods of trapping and controlling people, such as:
 Isolating them from family, friends, and the public by limiting contact with outsiders and
making sure that any contact is monitored
 Confiscating passports or other identification documents
 Threatening to shame them by exposing humiliating circumstances to their families
 Threatening imprisonment or deportation if they contact authorities
 Debt bondage through enormous financial obligations or an undefined or increasing debt
 Controlling their money
Victims will be desperate to escape their trafficker and ask for help when they need it. Expand

FACT: Individuals who experience trafficking may not readily seek help due to a number of
factors, including shame, self-blame, fear, or even specific instructions from their traffickers
regarding how to behave when interacting with others. They do not always self-identify and may
not realize that they have rights.

MYTH: If someone is paid or consented to be in their initial situation, it’s not trafficking. Expand

FACT: Initial consent to commercial sex or labor before the trafficker used force, fraud, or
coercion is not relevant. 

MYTH: Human trafficking is the same as smuggling.


FACT: Human smuggling and human trafficking are distinct crimes under federal law.
Human smuggling refers to an illegal border crossing, while human trafficking involves
commercial sex acts or labor/services that are induced through force, fraud, or coercion,
regardless of whether or not transportation occurs.

MYTH: Human trafficking is the same thing as sex trafficking. Expand

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FACT: Human trafficking also includes labor trafficking, which involves children and adults
compelled to perform labor or services by force, fraud, or coercion.

MYTH: Only women and children experience trafficking. Expand

FACT: Anyone can experience human trafficking, including men. Traffickers prey on the
vulnerable, often with promises of a better life. Risk factors for trafficking include: prior history
of abuse or sexual violence, generational trauma, poverty, unemployment, and unstable living
situations, or homelessness.

Activity 2

Part 1- Multiple Choice:


Instruction: Choose the letter of the correct answer from the options provided. If all the options
do not fit the statements, write the correct answer. Write your answer on a separate sheet of
paper. (2 point each).

1. One of the concern citizen was able to get the video coverage of the outgoing crime of robbery
in his neighborhood. During trial, he presented the video tape and shown to the judge by playing
it inside the court. What types of evidence is that?
a. Testimonial Evidence c. Real Evidence
b. Documentary Evidence d. Demonstrative Evidence

2. How do you offer testimonial evidence, as regards documentary and object evidence.
a. The offer must be made before the witness authenticates his or her written testimony.
b. The offer must be made after the presentation of a party’s testimonial evidence.
c. The offer must be made after the final judgement
d. The offer must be made the suspect testifies in court
3. Mr. Z would be a witness pointing to in the courtroom and saying “that’s the guy I saw
robbing the grocery store” This evidence called?
a. Testimonial Evidence c. Hearsay Evidence
b. Documentary Evidence d. Demonstrative Evidence

4. What do you called a person who testifies in court under oath, that he/she must have a
personal knowledge of the crime incident happened.
a. Investigator c. Prosecutor
b. Interrogator d. Witness

5. Mr. Juan Lou was assigned as a janitor in a lying in center, he get the baby of Mrs. Lonely and
sold it to traffickers, if Juan Lou found guilty of the charged he suffer a penalty of?
a. Reclusion Perpetua b. Prison mayor
c. Reclusion temporal d. Kidnapping
6. What if the mother of the baby give consent to Mr. Lou, what is the crime committed by the
mother?

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a. Accessory to the crime of kidnapping
b. Trafficking in person
c. Principal of direct participation
d. All of the above
7. If the mother of the child will have indicted, what possible penalty to be imposed against her?
a. Reclusion temporal b. Reclusion Perpetua
c. Prison mayor d. None of these
8. Mr. X is a legal guardian of Miss. Y whose age is 15 years old, Mr. X sold Miss. Y to a
foreigner, if Mr. X found guilty of the crime he will suffer a penalty of:
a. Reclusion temporal b. Prison mayor
c. Trafficking to minor d. Prison correctional
9. What if is Miss. Y is only 11years old at the time she was sold by her guardian, what is the
possible penalty will be impose by the court against Mr. X?
a. Death Penalty b. Reclusion temporal
c. Reclusion Perpetua d. Prison Mayor
10. Mr. T hire and induce a minor to perform in an obscene exhibition in exchange of money,
Mr. T will be charge of:
a. Sex exploitation b. Sex tourism
c. Trafficking d. Trafficking in person
11. Mr. G is a driver of H one-day H failed to lock the door of his car, then Mr. B secretly enter
the car and he took his own wallet which was left by his own self, what is the crime committed
by Mr. G?
a. Robbery b. Theft
c. Trespass to dwelling d. None of the above
12. A is a vagrant while B stepped off to his car his wallet was accidentally fall to the ground A
immediately pick the wallet and he hide this, what is the crime committed by A?
a. Theft b. Robbery
c. Simple theft d. all of these
13. What if B enter the house of A and eat his lunch in the kitchen, what is the crime committed
by A?
a. Theft b. Tress passing only
c. Illegal entry d. Illegal eating
14. Mr. & Mrs. Lao transported the child without the consent of Mrs. Pao, what is the crime
committed of the Husband and wife?
a. Human smuggling b. Trafficking in person
c. Kidnapping d. None of the above
15. Mr. Y Layas is 15 years of age and she wants to travel in other country without the written
approval of her parents, is she allowed to travel?
a. No because she is not a minor anymore
b. Yes because she can’t travel since she has no written approval from her parents
c. Yes because she has no written approval from her parents
d. No because she has no written approval from her parents

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Prepared by:

MANSUETO S. AGUSTIN JR. Reg. Crim.


Course Facilitator

Approved:

ROLLEN G. TERNURA, MS Crim.


Member

JOEY DIGNOMO, MS Crim.


Member

ROMAR J. TAWAS, MS Crim.


Department Chair

ARLYN A. LAGUDA, MAT


English Critique/Chair

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