CLOIE DANE G.

FABIC CRIM 2-1

FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
DISCUSSION REVIEWER
Criminal investigation
Investigation- art/technique discovering something. What is hidden and obscure. “general”
because everyone can conduct investigation to know something or discover something. No
definite pattern and solution.
Vestigare- (etymology or root word of investigation) means a process of trying to found out
something.
Criminal investigation- Art of proving one’s guilt (main purpose/goal) “specific” because only
investigator/prober can conduct. Discovering something for certain purpose only.
-No pattern. Di rin need ng restriction or may sinusundan na steps ang investigation.
- Its an art and varies depends on the situation.
- It deals with the identity, location, collection of evidence for the offender
Prober- also known as “criminal investigator” He is the one who has been given duty or
responsible to conduct of proving the guilt of the offender.
Probe- investigation
LEGAL CLASSIFICATION OF EVIDENCE: “ODTE” (sequence or yung pag kakasunod
sunod depends sa value nito sa court)
1) Object evidence
- tangible, has dimension, shape, can be touch, and seen.
-examples are saliva, blood, semen, hair, knife, fingerprint impression
- this are the common physical evidence collected from the crime scene.
- “also known as Physical evidence/real evidence”

2) Documentary evidence
- “verba volant scripta manent” means that spoken words fly away while written
words remain.
- The weakest ink is stronger than the loudest shout.
- Examples are receipt, birth certificate, pay roll, voucher, book, impress in cloth,
watermelon skin, banana skin.
- Any medium that contains symbols, numbers, letters that convey message is
considered as DOCUMENTARY EVIDENCE.

*Contract* - meeting of minds. (kahit walang kasulatan basta nag karoon kayo ng
kasunduan it is still a contract)
 3) Testimonial evidence- It could be spoken or written (deposition)
*sworn statement*- Sinumpaang salaysay
Added classification:
4) Electronic evidence
-Anything that can be done or used through computer
-Any device from which a message can be sent or to which message is received.
- examples are email, comments, share, vlogs, blog. Reaction, page, chat
-RA No. 8792

 “Res ipsa loquitor” evidence speaks itself.

 Corpus delicti- delict(crime) corpus (body) “body of crime”.

- It could be facts or collection of facts which proves the existence of crime

- “habes corpus” means bring the body
- Not all the time objective evidence to pwede siyang maging document as long as
makakabuo ka ng facts/ factual information.

Differences:
Associative evidence vs. Trace evidence
Associative evidence- any evidence which could lead the suspect /accused/offended to the crime
- Examples are id. Blood, fingerprint
- Used to provide links between evidence and individuals involved in a crime.
- A connection or contact between people and the object.

Trace evidence- help the police officer to locate the suspect in the crime scene
- Any minute(minyut) (tiny or small) object.
- This one has to be found first. It needs to be develop
- Examples are hair. Fingernails, glass or steel fragment (this are microscopic
evidence) that are invisible to the naked eye.

Probable cause- need by the fiscal to charge the suspect. Charging(accusation) need
palitawin yung guilt

1) That the crime has been committed (do autopsy sa body or check if my other
wounds or gunshot) (death certificate can be used)
2) That the respondent is probably guilty (fiscal yung magsasampa sa korte ng
kaso) (pero di fiscal ang magpaparusa)
 3) It could be held for trial (pag kakaso)

*police*- they are the one who sees reasonable suspicion

*prosecutor*- seeks for the probable cause
*court*- proof beyond unreasonable doubt
Crime can be victimless which is yung police ang nag complain or legal
personality katulad ng pag drug raid. (RA91654 all about drugs)

CRIMINALISTICS VS. FORENSIC SCIENCES

Criminalistics- scientific method/knowledge applying in solving crimes (criminal

case)
Criminalists- they are the one collecting, documenting, preserving and
examining the physical evidence at the crime scene. They also thoroughly survey
crime scene to detect if anything is out of place.

Forensic science- not intended to prove or solve the case. Just to help the prober
or aid as to help the investigation to be solved.
-examples are Petrography, Odontology, ballistics and many more.

Defense of alibi- valid defense at hindi palusot kasi you cannot be at the same place at the same
time.
- Weakest defense
- Pero through the use of this ay iba na napapawalang sala. (pwede yon maprove ng
associative evidence)

(Proving of guilt at the court is the main reason bat ginagawa to. Before and in proper
court. The essence is proving the guilt of the offender)

The hard part is how can you prove it?

Threefold aim (POP or Police Operational Procedure)

1) Identify the offender (background and motive)( don’t only focus on one
because the more the merrier)
2) Locate the offender
3) Collect the evidence
(It should be done in order or sequence) (enhance or dapat magaling ang
reasonable thinking mo)
 (Experience helps in solving the crime. This one is guide lang or enhancement
of knowledge natin for us to know how to start yung conducting of criminal
investigation.)

“Inadmissable” pag walang consent or though the interview umamin siya

because of your abusive power o coercion. (Also pag di mo sinabuhan ng
miranda rights)

-RA 9745

Investigation- what involved is deductive reasoning. From madami unti unti

mo ittrim down hanggang maging onti yung suspects mo.

 Guilt of person cannot be base about his/her reputation. Unless you have evidence
that will involved him to the case and prove his guilt. (Aggravating circumstances) (if
mapatunayan man mas mataas yung kaso na ipapataw sa kanya)
 Reputation is not valid as evidence
 Constitutional or legal safeguards to which the person is under investigation is
ENTITLED.
 Or else lahat ng makukuha mo ay di mo magagamit.
 If di mo siya masasabihan ng mga Karapatan niya lahat ng info na makukuha mo ay
di mo magagamit. Also if nag kakaroon ka ng struggle sap ag conduct mo ng
investigation you cannot abuse your power or do coercion sa offender para lang
mapaamin mo siya.
 Yung sworn statement na yon will be nothing but a scrap (lalo na kung napilitan lang
yung offender sa pag amin) (para lang siyang chismis o hakahaka na walang
katotohanan)

TOOLS OF CRIMINAL INVESTIGATION

a) Information- medico legal. Statement of victim or offended party. Facts that you
collected. It can be provided by others or you collected it. Any idea or knowledge or
article that has something to do in the evidence. So long as it is used in solving criminal
case.
- “HUMAN’ source of information
b) Interview- form of collecting information. Method of obtaining information through
questioning or asking of questions.

*“confession can mitigate the penalty”- napapa baba yung sistensya or penalty.
 c) Instrumentation- scientific studies or technological studies to achieve the investigation.

2 major division parts:

1) Scientific- physical science. Biology, chemistry and physics.
- (incendiary) intentional cause
- Arson investigation. Flammable liquid like gas and alcohol
- Hair, semen, blood

Dactyloscopy
Fire arm identification (ballistics)
Question document examination

Fingerprint- FP
Firearms- FAs
Scopien
Slug-bullet
Ammunition- Ammo

Question document examination:

Diacritic vs. Embellisment
Diacritic- necessary for the legibility of the letter
Embellisment- ornament

Complete and unfired:

Bullet
Shell
Gunpowder
Primer
 2) Technological- “police photography” doesn’t need expertise
Polygraph examination- valuable as secondary evidence, Need actual
photograph but the existence of it is questionable. But my instances na di na need
ng actual evidence like the SKID MARK on incidents. Should be 100% accurate
but 90% lang ang polygraph. Naka depende ito sa capability nung mag ttest
(pwede siyang magkamali)
Photography- proper way or ideal way to preserved evidence. Supplementary.
You cannot use this as a substitute for the actual evidence sa court.

CULTIVATED SOURCE:
Informant & informer
Difference: (lies on the frequency in providing information)
Informer- paid (notion) they provide the information on a REGULAR BASIS (ginawa na nilang
hobby ang pagibbigay ng information because of the motive of REMUNERATION or yung
ransom money)
Informant- paid (notion) they provide information to satisfy their motive. Concerning to
SINGLE CASE lang. After that di na sila nag bibigay ng information.
 Motive- a moving power which impels a person to a desire result
 Intent- purpose to act

CLASSIFICATION OF MOTIVE:
1) Vanity – self aggrandizement.
2) Civic mindedness- concerned citizen.
3) Repentance- change of hearts. Involved of committing the crime. Less guilty
(nakokonsensya kaya umamin) (look out)
4) Fear- member that involved in committing the crime. ( natakot siya for his security kaya
nagsumbong siya)
5) Remuneration- ransom money or reward if may makaka kita ng suspect kaya nag
provide ng information. “nagkakaroon ka ng bayad”
Regular source- Rogues gallery. MO File or criminal specialty file. Readily available
Grapevine source- ex convicts/members of underworld (criminal syndicate or organized crime
groups)
SURVEILLANCE- observation. Assessing. Meron kang subject. The subject is not always a
person. It could be building, vehicle of a place.
 1) Tailing/shadowing(act of following subj) sinusundan na vehicle or tao.

- Fixed surveillance or steakout( hindi gumagalaw pero inoobserve mo) done by the
surveillant

 Surveillant- person who conduct surveillance

 Technical surveillance- if you used technology. Gadget or device

2) Casing(reconnaissance)- surveillance of place. Mga route na pwede daan or escape

route.

 Sealing potential escape routes- drugment operation

 GPS- Global positioning system (roger easton)
 Personal reconnaissance- most ideal way of casing

3) Undercover operation (other term roping)- assume different identity.

5th meeting
Aug.31

Interview- method of collecting info. One of the tools. Can be derived from the victim or
suspect. To gain information. It is done by means of asking question. Means of questioning.
-Simple questioning.
2 identity:
-could be a tool of information
-As a form of questioning.
Interrogation- form of interview. Skillful questioning of a reluctant subject. vigorous, forceful
and rigid. Commonly use to suspects.

You cannot employ:

Threat- pananakot Intimidation-paninindak
General inquiry- no particular suspect. Or interview. (Suspect is not the one questioned.) Para
lang to sa hindi suspect.

Difference: (interview vs. interrogation) primarily lies on the type of person being question
(subject). Refers to subject.
"type of the subject' Victim, suspect, witness, complainant

If the subject is RELUCTANT, the appropriate form of questioning is INTERROGATION.

(mostly suspects but pwede din ang witnesses as long as reluctant)
If the subject is COOPERATIVE, the appropriate form of questioning is INTERVIEW. You
don’t have to exert so much effort or strategy to formulate questions or think of proper way to
ask the subject unlike to interrogation.

 reluctant / recalcitrant - the characteristic of a subject who is uncooperative. (ayaw

maki cooperate)
 Inadmissable evidence- if you employ unecessarary force.

Purpose of interview:
Eliminate impossible suspects.

Format of interview: IRONIC format. Commonly adopted (to determined whether tama yung
hinala mo na suspect)

1) Identity- introduce yourself. No need to brag schooling. Keep it simple.

2) Rapport- set good ambiance. Harmonous relationship with the subject. A friendly
relationship. (Offer something to drink or eat) u can also ask irrelevant question. No direct
connection to the case being investigated. You dont have go be very formal coz its intimidating.
(It leads to tension) you have to be cordial and firm.
Attributes of an interviewer/interrogator:
Good psychologist Good actor Good businessman
 3)Opening Statement-telling the subject the reason why he/she is being questioned.
- Tell the purpose of questioning. Avoid telling all the facts on hand.
- They can use it to think of points in order for them to escape or do defense of alibi.
-Alibi pertains to time and place.
4)Narration- ask open ended question in order for the subject to do the talking.
- Let the subject do the talking. More talk more mistake. "Close ended'
answerable by YES OR NO.
-"Open ended" used WH and H questions like WHEN, WHAT, WHERE, WHO, WHY,
HOW
5)Inquiry - You have to interrupt the narration and ask questions from time to time. For
clarification.
- Kasi don lang siya umiikot sa isang anggulo or kwento niya so u have to ask other
questions para malito siya. Think outside the box para mapaamin siya. To gain relevant or useful
info.

purpose: collect more valuable information and clarify some vague details

6)Conclusion- suspect or innocent. If you’re not satisfied maybe u go back to crime scene find
other evidence or question other suspects. U have to validate the statements you gathered. After
u interview him and u are satisfied or convinced that the subject is the suspect in the crime being
investigated, then recite the Miranda Warning and proceed to the interrogation.

 If you are convinced at the middle of format pf interview u can stop and proceed to
tell him the MIRANDA RIGHTS. (inform his rights sa language na maiintindihan
niya)
 Article 3, Section 12 and Section 17 of the 1987 Philippine Constitution (memorized)
 Miranda rights- usually done before the arrest. Inform him the crime he committed
 procedural defect - (the arrest is illegal) it might lead to the dismissal of the case

(if caught in the act yung offender like trespassing/ trespassed to dwelling it will be warrantless
arrest no need for the interview because the fact na Nakita siya sa bahay it would be a big ground
for committing the crime and as to the apprising of his rights) (yung pag sasabi ng miranda rights
ay pwedeng sa presinto na unless di mo pa siya nakukuhaan ng evidence but kung di mo siya
sinabihan ng Karapatan niya bago mo siya hinuli then lahat ng sasabihan niya sayo would be
invalid) ( tapos habang nasa byahe kayo umaaamin na siya magigng invalid yung confession
niya sa court) (therefore SOP yun nap ag mag aarrest ka sabihan moa gad ng miranda rights)
  miranda rights usually done before the arrest because madalas nasa mobile palang or
travel papuntang precint umaamin na yung offender so saying kung di mo siya
masasabihan agad ng kanyang Karapatan)
 Pero kahit nasabihan mo na siya ng Karapatan niya di mo pa din magagamit yun kasi
dapat yung confession niya is in the presence of his council.
 What is essential is informing him about the crime he committed

Procedural defect- the arrest is illegal then it might lead to the dismissal of the case.
 Due process is not always substantial. It is also procedural. Therefore generally it
should be balanced.


Types of Offender:
Emotional/non emotional
Emotional Offenders - first time offenders, amateur, committed crime of passion. (di nila kaya
kontrolin sarili nila) (di sila inherently evil dahil nasagad sila kailangan nila pumalag but the
ending is nagging offender sila)
- If you are provoked and the crime is by passion it is only considered under the RPC
as a mitigating circumstance. So in a way pwede pa rin mapapababa yung kaso
- It has a favorable effect to the suspect or the accused
- It will reduce the penalty
- In a conduct of interrogation avoid technical terms
- Approach applicable (sympathetic approach)
Non emotional offender- professional criminals, most likely habitual offenders.
-factual analysis approach.

6TH MEETING
SEPTEMBER 6
Interview- simple questioning of a cooperative subject. The usual subject of interview is not the
suspect or cooperative. Subject of interview is not the suspect or not yet a suspect. Only has a
potential of becoming a suspect. Because interview can be used to determined or verify
suspicion that a person is suspect in the crime being investigated. This is to prove your suspicion
na siya yung suspect. When the prober realizes that the subject of interview is the suspect in the
crime being investigated, the proper thing to do is to STOP THE INTERVIEW.
 - You will now place him under custodial investigation.
- Interview is not part of custodial investigation.
Custodial investigation- any person under investigation for the commission of an offense. (that
investigation is custodial investigation) meaning to say it is applicable to the SUSPECTS. Focus
only in one person or suspects. During custodial investigation the SUSPECTS are ENTITLED
to the RIGHTS OF A PERSON.

-victims and complainants under interview are not entitle to the rights of a person because they
are not suspects.
- if nafeel mo na siya nan ga yung suspect of committed the crime habang iniinterview mo you
can stop it and start informing him about the miranda rights(because that’s the essence of it para
lang yun sa mga suspects) ( make sure na nauunawan or naiintindihan niya ito) otherwise all the
information or admission you well get will be useless.
- final question should be “Do you understand?”
-Next you have to have a counsel. (the confession that the offender will do should/must be done
in the presence of the counsel.)
-“call an Attorney”.( kailangan may diskarte ka o mga kakilala na abogado)
- the questioning which is part of the custodial investigation must always be done in the presence
of counsel. (for your collected confession or facts should be admissible or valid)
SPECIAL CASES: SUSPECT (CHILD) Child In Conflict with the law
- Hindi sapat na may counsel siya because iba ang justice ng juvenile under the RA
9344 iba ang treatment sa kanila. THEY SHALL NOT BE FAITHED AS IF
THEY ARE CRIMINAL OR AN ADULT OFFENDER. The treatment should be
in accordance to the RA9344.
- It should have a presence of a SOCIAL WORKER & COUNSEL
- In conducting an interview you have to adopt the IRONIC FORMAT. (it will serve as
your guide ideally)
- You can use a RECORDER or TAPE RECORDER (para malaman mo or mas mapag
aralan yung mga collected information mo) (serves as a support)
- But as much as possible in the process of interview palang dapat ma-detect mo na
kung may tinatago siya or nililihim siya or he is trying to mislead the interview.)
- TIME is ESSENTIAL in investigation. (mabilis magbago ang isip ng tao) maaring sa
interview UMAMIN siya pero dahil interview yon so hindi mo siya nasabihan ng
mga Karapatan niya at walang presence ng counsel. (hindi mo pwede ipag pa bukas)
(pwede mag change ang isip niya na about sa confession na sinabi niya at baguhin
niya ito by JUSTIFYING it kaya niya nasabi yon. (from interview lilipat into
interrogation)
 - So after the confession niya palang you should CALL AN ATTORNEY then
PROCEED TO INTERROGATION. (wag na ipag pa bukas pa)
- INTERROGATION is part of custodial investigation. (The subject/offender/suspect
must be informed of his rights prior to the conduct of questioning)
- BREACH HEADING/QUESTION FIRST- making the subject confess before
informing him his rights and asking the SAME QUESTION after the recital of the
Miranda warning. (technique)

- Impasse (“kabado” ito yung unang naffeel ng criminal pag hinuhuli ) POINT OF
NO ESCAPE. (imaginary dead end for him)

- In order to relieve you from the moral guilt, most of the time they confess.

- Media confession (you cannot use that confession as an alternative sa waiver kahit pa
sa media siya umamin or even kumuha ka ng copy of clips ng pag amin niya) (after
that the best way you do is hold him and conduct INTERROGATION immediately)

- It should be in writing and signed by the counsel

RE-ENACTMENT- part of custodial investigation. During the re enactment gagawin niya lahat
yung mga ginawa or paano yung pag gawa niya sa krimen
-presumably there is a confession prior to re enactment (still need a presence of counsel) (if bata
need may social worker)
-if nag confess yung suspect without counsel and recorded yung confession tapos nagbago yung
statement niya bigla nung may presence na ng counsel. HINDI mo pa rin magagamit yon.
- mas may PROMATIVE VALUE yung statement niya with the presence of counsel.
-basura na yung recorded confession mo sa korte but for you magagamit mo yon for you to
develop or take a lead.
-If mali ang investigation natin pwede tayo makasuhan ng offender if and only if it is
maliciously done. (bad faith/sinadya mo na ipakulong siya or idiin siya sa kaso/ under oath -can
be purgery)
-If Nagkamali ka lang “you just merely performed your duty. So long that it is in accordance
with the law” therefore walang problem. UNDER THE LAW IT IS JUSTIFIED.

CARDINAL POINTS OF INVESTIGATION

5W 1H – Questions used in asking and should be answer under the investigation.
-what-where-who-when-why-how
WHAT- what crime was committed? It pertains to the crime committed.
 CONTENT OF A SUFFICIENT COMPLAINT SHEET- the equivalent of (what)
is about the DESIGNATION OF OFFENSE. (title of the crime committed. It
should be in legal term).

- Principle sa pag kakaso. Kasuhan mo siya ng anything or kahit madami na related sa

committed crime niya.( ilagay mo lang lahat ng pwedeng isampa na kaso) The
purpose is MAPAKULONG. Pag dating non sa fiscal di naman lahat yon papasok or
maisasampa dahil si fiscal na ang mag aanalayze or make decision if tama ba yung
ikakaso or yung legal term sa committed crime nung offender)
-CAUSE OF ACCUSATION-also part of complaint sheet means of specifc acts and
omission which constituted the offense (narration ng pangyayare) from there doon
mag iinterpret ikaw or yung fiscal kung anong crime yung na commit.
HOW- answers the cause of accusation. It is the specific acts which constituted the offense.
WHEN- time of the comission.
WHERE- the place where the crime is committed. This would determine the jurisdiction of the
court.
- Hindi need yung exact time pwedeng estimated/approximate lang. mostly
nagkakaroon lang ng exact time pag caught in the act.
- PROWLING (surveillance conducted by the burglar/thieves)
WHO- suspect and the victim.
- Name of the offender or offended party (complaint sheet)
- Remember na OKAY LANG kahit di mo alam yung real name of the accused
because in most cases they used ALIAS or FAKE NAME
- If in the middle/during of trial nalaman mo yung true name niya then in the
complaint sheet will be amended babaguhin mo yung name niya doon.
WHY- stands for the motive.
- Motive has NO LEGAL VALUE in court and fiscal.
- INTENT should be prove in court.
- Motive is NOT PART of complaint sheet.
- Intent is an ELEMENT OF CRIME it should be part or mentioned the cause of
accusation.
- Motive is valuable only to police officer. For him to prove the intent of offender,
there should be a motive first. (bakit niya ginawa yan?)

7th MEETING
SEPTEMBER 14
Offenders- as subject of questioning. The one who has committed a crime. It can pertain to
person was been accused in committing. Or found guilty in reasonable doubt.

TYPES OF OFFENDERS:
EMOTIONAL& NON-EMOTIONAL
EMOTIONAL- first time offenders. Amateurs/beginners. Enduced by passion or great emotion.
Commit crime as a form of revenge.
- We categorized offender for us to know or determined what particular or which
interrogation/interview technique would be appropriate or proper. (suitable sa
kanya)
- SYMPATHETIC APPROACH (technique) ideal when the subject is emotional
offender. (ipakita mo na naniniwala ka or naiintindihan mo bakit niya na commit
yung crime na yon but not to the point that what he did is justifiable) (tell him that his
action is wrong because he puts the law/justice in his hands)
- The purpose of doing the sympathetic approach is to OBTAIN CONFESSION.
- Make it appear/make an impression that you understand what he did.
- You are offering a RELIEF OF MORAL GUILT
- CLEANING CONSCIENCE.
NON-EMOTIONAL- probably most likely they are not motivated by passion or jealousy. It
was not a gesture of revenge. He committed the crime kasi sanay na siya.
- They can be psychopath or professional or recidivists (common profile)
- They are not sensitive or they don’t have conscience
- Psychopath (in born. Biological reason. Because of genes. Inherited. Can be
structure of the brain. Trauma) Sociopath (sociological. Meron nangyareng
unexpected situation, iniwan ng someone, nawalan ng work, grief.)
(nagkasabaysabay) (due to traumatical social event)
- Professional can pertains to retired or old part of the law enforcement (police, army,
agent and etc) so alam niya na ang mga pasikot sikot.
- Recidivists are habitual of committing the crime. Habitual delinquency. Paulit ulit na
nag ccommit ng crime. (REPEAT OFFENDERS)
- FACTUAL ANALYSIS APPROACH (pag kinausap mo siya assume/ALWAYS
ASSUME mo lagi na ang sinasabi niya ay facts na. You are not merely FISHING
AN EVIDENCE. That the purpose of questioning is just for FORMALITY or
should be written in SOP.
- You have to make it appear na naniniwala ka sa kaniya na siya mismo nag commit ng
crime.
- You don’t have to be friendly (sa interview lang yung pag gamit ng rapport because
in here CUSTODIAL INVESTIGATION na)
- Purpose of confessing is mapapaba yung sistensya.
How would we know if a non-emotional offender bluffs as an emotional offender?
- Police officers or the investigators must have a superior reasoning ability. Usually
investigators are the best of the best.
- Mararamdaman mo naman yon if you are just going with the flow. Being
OBSERVANT. If its to good to be true therefore it is not true. Its not a textbook
knowledge, you have to be street smart.
ADMISSIBILITY OF EVIDENCE- pag dating sa court hindi to tinatanggap agad. For the
court to accepted the offer of evidence there must be an authentication. The test of credibility of
the evidence. (if the evidence is legal) (hindi kung gaano katimbang or yung impact nung
evidence)
- Hindi porket naka kita ka ng may connection sa crime like blood or yung red liquid.
- In investigation if you are a prober wag ka basta basta mag assume na yung bagay na
yon or yung red liquid na Nakita mo ay blood agad unless dumaan na ito sa
LABORATORY test.
- Write it down as SUSPECTED BLOOD SPECIMEN (safest description)
- If you present it in the court, hindi siya agad tatanggapin because we have
policy/rules on evidence.
- In the PROCESS OF AUTHENTICATION doon inaalam if admissible or
inadmissible yung evidence. (the credibility of evidence)
- AUTHENTICATION focus on the credibility or legality of the evidence. Purpose is
to test admissibility/ test of legality / test of validity or substance of the evidence
being presented or being authenticated or to be authenticated or was authenticated is a
different matter.
- If physical evidence, what they need to establish in court during the authentication is
the CHAIN OF CUSTODY. (sino-sino yung humawak/nag test sa evidence)
- The purpose of it is to prove the evidence is not altered along the way from the crime
scene up to the court. (presentation of tag) (the tag is the chain of custody) (names
nung mga humawak sa evidence)

ADMISSIBLE EVIDENCE REQUISITES:

1) RELEVANT
2) NOT EXCLUDED BY THE RULES ON EVIDENCE or COMPETENT
- Exclusionary rule and the fruit of a poisonous tree doctrine
- Exclusionary rule (it applies to primary evidence)
- Fruit of a poisonous tree doctrine (applies to secondary evidence)

- Difference:
Primary evidence (highest importance. The original evidence/ actual evidence
obtained from the source)
 Secondary evidence (supplementary. It is corroborative/support. It is not the original.
Its just a copy of original. In the absence of primary the secondary can be the
substitute/ obtained or derived from the primary evidence)

Example of common denominator of the Exclusionary rule vs. the fruit of a poisonous
tree doctrine. The governing principles/rules in admissibility of evidence.
Under the Exclusionary rule:
-primary evidence ( hindi pwede tumanggap ng ebidensya at may nalabag ka or you have
violated the rules on evidence in obtaining such evidence)
Example you employed violence or torture sa suspect kaya siya nag confess therefore the means
you did is not in accordance with the law. It is illegal. Therefore, you cannot use the testimony of
the subject against him before the court of law.
- The suspect confessed/testified because binugbog mo siya, yung confession na yon is
primary evidence.
- The confession includes na siya yung gumawa ng crime and kung saan na commit
yung crime also saan nakalagay yung murder weapon na ginamit for committing the
crime
- Through warrant you go to the place where the murder weapon is and get it. (you
obtained it through the use of valid search warrant therefore pwede mo gamitin yon as
evidence sa court)
- BUT… yung pinagmulan ng information mo para malaman kung saan located yung
murder weapon ay galing sa confession/testimony ng suspect na binugbog mo.
- Therefore, that information you got was derived from his involuntary statement. So
you cannot present the firearm you have search and seized using the valid search
warrant before the court under the fruit of poisonous tree doctrine.
Under the Fruit of poisonous tree doctrine:

Example:
-you don’t have a search warrant and pinasok mo yung bahay ng accused person and
Nakita mo yung murder weapon (walang naganap na violence force or pambubugbog
sa accused person) (na kutoban mo lang na andon yung murder weapon sa bahay
niya)
-therefore, lumabag ka sa rights nung accused person kasi pinasok mo yung bahay
niya. (wala kang search warrant) (kinuha mo yung murder weapon as evidence)
-according to you di mo gagamitin yun murder weapon as evidence in court ang
gagamitin mo ay yung FINDINGS kasi ibibigay mo yung murder weapon sa crime
lab to be test.
- the result is positive my fingerprint na nakuha ng accused person. Tinest yung barrel
na nagpaputok sa bullet recovery box that leads to the same markings na naiwan sa
 slog. Also it matched doon sa nakuha sa katawan ng victim. Pina examine mo den sa
ballistician.

- HINDI mo pa den magagamit yung findings na yon as evidence in court against the
accused person because of the reason that nakuha mo yung evidence or murder
weapon without a valid warrant.

- It is under the fruit of poisonous tree of doctrine kasi ang pinag uusapan dito ay
yung “findings”.

“if you are going to present the actual evidence or yung the actual poisonous tree
of doctrine therefore it would fall into the governing principle of Exclusionary rule
because that poisionous tree (pinaka pinagmulan) serves as the actual evidence”