Take Note:

BURNING AND DEATH:

Arson, Murder, Arson and Homicide or Murder

1. Main Objective: Burning of building or edifice---- death by reason on the occasion of arson

*Crime committed: ARSON only; HOMICIDE: is absorbed in arson

2. Main objective : Kill particular person who maybe in building or edifice--- fire resorted to as MEANS to
ACCOMPLISH such goal

*Crime committed: MURDER only

3. Main Objective: Kill particular person --- fire resorted to as means to COVER UP Killing

*Two separate and distinct crimes: HOMICIDE/MURDER and ARSON

Simplified na po to. No need for explanation na. wink emoticon smile emoticon smile emoticon

-AMG

SOME USEFUL LATIN TERMS AND LEGAL MAXIMS:

Verba legis non est decendendum – from the words of the law there can be no departure.
Dura lex sed lex – the law may be harsh but it is the law.
Ignorantia legis neminem excusat – ignorance of the law excuses no one.
Ignorantia facti excusat – mistake of fact excuses.
Praeter intentionem – different from that which was intended.
Error in personae – mistake in identity.
Abberatio Ictus – mistake in the blow
Nulum crimen, nulla poena sine lege – there is no crime when there is no law punishing the same.
Actus non facit reum, nisi mens sit rea – the act cannot be criminal where the mind is not criminal.
Actus mi invictu reus, nisi mens facit reum – an act done by me against my will is not my act.
Mens rea – guilty mind.
Actus reus – guilty act.
Res ipsa loquitor – the thing speaks for itself.
Causa Proxima – proximate cause which produced the immediate
effect.
Prima facie – at first glance.
Locus Criminis – scene of the crime or crime scene.
Pro Reo – principle in Criminal Law which states that where the statute admits of several
interpretations, the one most favorable to the accused shall be adopted.
Res Gestae – the thing itself.
Falsus in unum, falsus in omnibus – false in one part of the statement would render the entire
statement false (note: this maxim is not recognized in our jurisdiction).

Evidence - Definition of Terms

Admissible evidence - Evidence that is both relevant and
competent.
Admissions - Any statement of fact made by a party against his
interest or unfavorable to the conclusion for which he contends
or is inconsistent with the facts alleged by him.
Best Evidence Rule - When the subject of inquiry is the contents
of a document, no evidence shall be admissible other than the
original document itself.
Burden of Proof - Duty of a party to present evidence on the
facts in issue necessary to establish his claim/defense by the
amount required by law.
Child Witness - Any person who at the time of giving testimony
is less than 18 years old.
Circumstantial Evidence - Proof of fact/s from which, taken
singly/collectively, the existence of the particular fact in
dispute may be inferred as a necessary/probable consequence.
It is evidence of relevant collateral facts.
Collateral Matters - Matters other than the fact in issue and which
are offered as a basis for inference as to the existence or
non-existence of the facts in issue.
Competence - Evidence is not excluded by law or Rules of Court.
Conclusive Evidence - That class of evidence which the law does
not allow to be contradicted.
Confession - A categorical acknowledgment of guilt made by an
accused in a criminal case without any exculpatory statement
or explanation.
Corroborative Evidence - Additional evidence of a different
character to the same point.
Cumulative Evidence - Evidence of the same kind and to the
same state of facts.
Direct Evidence - Proves the fact in dispute without aid of any
inference or presumption.
Documentary Evidence : Writings or any material containing
letters, words, numbers, figures, symbols or other modes of
written expression offered as proof of their content.
Electronic Data Message - Information generated, sent, received
or stored by electronic, optical or similar means
Electronic Document - Information or the representation of
information/data/figures/symbols or other modes of written
expression described or however represented, by which a right
is established or an obligation extinguished, or by which a fact
may be proved and affirmed, which is received/recorded/
transmitted/stored/processed/retrieved/produced electronically.
It includes digitally signed documents and any print out or output,
readable by sight or other means, which accurately reflects the
electronic data message or electronic document.
Electronic Signature - Any distinctive mark, characteristic and/or
sound in electronic form, representing the identity of a person
and attached to or logically associated with the electronic data
message or electronic document or any methodology/
procedure employed/adopted by a person and executed/adopted
by such person with the intention of authenticating, signing or
approving an electronic data message or electronic document.
Ephemeral Electronic Communication - Refers to telephone
conversations, text messages, chatroom sessions, streaming
audio, streaming video and other electronic forms of
communication the evidence of which is not recorded/retained.
Extra Judicial Admission - Any admission other than judicial.
Factum probandum – ultimate fact or the fact sought to be
established.
Factum probans – evidentiary fact or the fact by which the factum probandum is
to be established.
Judicial Admissions - Admissions, verbal or written, made by
the party in the course of the proceedings in the same case.
It requires no proof.
Negative Evidence - When witness states that he did not see or
know of the occurrence of a fact (total disclaimer of personal
knowledge).
Object Evidence - Directly addressed to the senses of the court.
Also called real evidence.
Parol Evidence Rule - Any evidence aliunde, whether oral or
written, which is intended or tends to vary or contradict a
complete and enforceable agreement embodied in a
document.
Pedigree - Relationship, family genealogy, birth, marriage,
death, the dates when and the places where these fast
occurred, and the names of the relatives. It also embraces facts
of family history intimately connected with pedigree.
Positive Evidence - When a witness affirms that a fact did or did
not occur (there is personal knowledge).
Preponderance of Evidence - The evidence adduced by one
side is, as a whole, superior to or has greater weight than that
of the other. Where the evidence presented by one side is
insufficient to ascertain the claim, there is no
preponderance of evidence.
Prima Facie Evidence - That which, standing alone, is sufficient
to maintain the proposition affirmed.
Primary Evidence - (Best Evidence) - That which the law regards
as affording greatest certainty of the fact in question.
Proof Beyond Reasonable Doubt - That degree of proof which
produces conviction in an unprejudiced mind. It does not mean
such a degree of proof as, excluding the possibility of error,
produces absolute certainty. Only moral certainty is required
– that degree of proof which produces conviction in an
unprejudiced mind.
Relevance - Evidence has such a relation to the fact in issue as
to induce belief of its existence or non-existence.
Res Gestae - It literally means “Things done”.
1) Statements made by a person while a starting
occurrence is taking place or immediately prior
or subsequent thereto, with respect to the
circumstances thereof.
2) Statements accompanying an equivocal act
material to the issue, and giving it a legal
significance.
Res Inter Alios Acta - The rights of a party cannot be prejudiced
by an act/declaration/omission of another.
Secondary Evidence - (Substitutionary) - That which is inferior to
the primary evidence and is permitted by law only when the best
evidence is not available.
Substantial Evidence - The amount of relevant evidence which
a reasonable mind might accept as adequate to support a
conclusion.
Testimonial Evidence - Submitted to the court through the
testimony or deposition of a witness.

Organized Crime Investigation Reviewer

Definition of Terms:
Al-Qaeda - is a global militant Islamist organization founded by Osama bin Laden, Abdullah Azzam
and several other militants in Peshawar,Pakistan. If translated, al-qaeda means the base.
Alex Boncayao Brigade - is a Manila-based death squad that assassinated dozens of people on the
orders of the Communist Party of the Philippines. It was formed in 1984. It formally split with the
NPA in 1991.
Hashim Salamat - Chairman and founder of the MILF Moro Islamoc Liberation Front. He passed
away in 2003. MILF was formed in 1977.
Hukbalahap - It was an anti-Japanese guerrilla movement formed by the peasant farmers of Central
Luzon. In 1946, the organization rebelled against the government.
Jihad - a war or struggle against unbelievers.
Mujahid - a person engaged in jihad.
Nur Misuari - is a Moro revolutionary, politician, founder and former
leader of the Moro National Liberation Front.
Partido Komunista ng Pilipinas - the original communist party of the
Philippines. It was established on November 7, 1930

Fire Technology and Investigation

Fire - exothermic reaction involving the oxidation of some substance (fuel) resulting in the release of
energy in the form of light and heat.
Fire Quadrangle
1. Fuel
2. Oxygen
3. Heat
4. Ignition energy
Triangles of Fire
1.Fuel
2. Oxygen
3. Heat
- removal of any of these results in the suppression of the
fire.
Some major products of combustion
1. water
2. carbon dioxide
3. carbon monoxide
4. oxides of sulfur
Definition of terms
1. Vapor Density - the density of the vapor relative to the density of air and is calculated by dividing
the molecular weight of the gas by that of air.
2. Flash point - the lowest temperature at which
liquid fuel produces a flammable vapor.
3. Fire point/flame point - the lowest temperature at which liquid fuel produces a flammable vapor in
sufficient quantity such that if a source of ignition is introduced, the vapor will ignite and is usually a
few degrees above the flash point
4. Ignition/auto-ignition temperature - the temperature at
which a fuel will ignite on its own with out any additional
source ignition.
5. Thermal inertia - the ease at which a material can be ignited.
6. Heat release rate - is a measure of the amount of energy a
specific type of fuel can contribute to the heat flux in a fire.
7. Heat transfer - the mechanism in which fire can spread from
its origin to other sources of fuel.
Methods of heat transfer
II. Conductive/conduction heat transfer - heat is transferred by direct contact and the rate of transfer
is dependent on factors such as the thermal conductivity of the material and the temperature
difference between the cooler and warmer areas.
II. Convective/convection heat transfer - transfer of heat through physical movement of materials and
occurs only in liquids and gases. Hot gases rise and spread heat to nearby ceilings and walls.
III. Radiative/radiation heat transfer - heat is transferred if the form of electromagnetic energy directly
from one object to another. ex. infrared radiation from the sun.
8. Combustion - or burning - is the sequence of
exothermic chemical reaction between fuel and an oxidant
accompanied by the production of heat and conversion of
chemical species.The result of the heat can result in the
form of either glowing or flame.
I. Glowing combustion - occurs when solid fuels are not capable of producing sufficient quantities of
gas during pyrolysis to sustain a flame. If access to the oxidant (air) is limited, glowing combustion
may result.
II. Flaming combustion -commonly recognized type of fire and occurs with gaseous fuel sources
only. The color of the flame can give some indication of the composition of the fuel.
III. Spontaneous combustion - the ignition of organic matter with out apparent cause, typically
through heat generated internally by rapid oxidation.A process whereby a material self heats.
IV. Explosive combustion - can occur when vapors, dust of gases, premixed with appropriate amount
of air are ignited.

Evidence Reviewer
Definition Of Terms
Admission - any statement of fact made by a party against his interest
or unfavorable to the conclusion for which he contends or is inconsistent
with the facts alleged by him.
Related: Full Reference Material in Evidence
Best Evidence Rule - is that rule which requires the highest grade of
evidence obtainable to prove a disputed fact.
Burden Of Evidence - logical necessity on a
party during a particular time of the trail to create a
prima facie case in his favor or to destroy that
created against him by presenting evidence.
Burden Of Proof/Risk of Non-Persuasion - the duty of a party to present
evidence on the facts in issue necessary to establish his claim or defense
by the amount of evidence required by law.
Character - the aggregate of the moral qualities which belong to and
distinguish an individual person.
Circumstantial Evidence - is the proof of a fact or facts from which
taken either singly or collectively, the existence or a particular
fact in dispute may be inferred as a necessary or probable consequence.
Common Reputation - is the definite opinion of the community in which
the fact to be proved is known or exists. It means the general or
substantially undivided reputation, as distinguished from a partial or
qualified one, although it need not be unanimous.
Competency Of A Witness - is the legal fitness or ability of a witness
to be heard on the trial of a cause.
Competent Evidence - one that is not excluded by this Rules, a statute
or the Constitution.
Compromise - is an agreement made between two or more parties as a
settlement matters in dispute.
Conclusive Evidence - the class of evidence which the law does not allow
to be contradicted.
Confession - categorical acknowledgement of guilt made by an accused
in a criminal case, without any exculpatory statement or explanation.
If the accused admits having committed the act in question but alleges
a justification therefore, the same is merely an admission.
Judicial Confession - one made before a court in which the case
is pending and in the course of legal proceedings therein and,
by itself, can sustain a conviction even in capital offenses.
Extra Judicial Confession - one made in any other place or
occasion and cannot sustain a conviction unless corroborated by
evidence of the corpus delicti. This section refers to extrajudicial
confessions.
Corroborative Evidence - is additional evidence of a difference character
to the same point.
Cumulative Evidence - evidence of the same kind and to the same state
of facts.
Demonstrative Evidence - is a tangible evidence that merely illustrates
a matter of importance in the litigation such as maps, diagrams,
models, summaries and other materials created especially for litigation.
Direct Evidence - that which proves the fact in dispute without the
aid of any inference or presumption.
Doctine Of Processual Presumption - absent any of the evidence or admission,
the foreign law is presumed to be the same as that in the Philippines.
Document - any substance having any matter expressed or described upon
it by marks capable of being read.
- is a deed, instrument or other duly authorized appear by
which something is proved, evidenced or set forth.
Documentary Evidence - evidence supplied by written instruments or derived
from conventional symbols, such as letters, by which ideas are represented
on material substances.
Dying Declaration - The ante mortem statements made by a person after
the mortal wound has been inflicted under the belief that the death is
certain, stating the fact concerning the cause of and the circumstances
surrounding the attack.
Equipose Rule - Where the evidence gives rise to two probabilities,
one consistent with defendant’s innocence, and another indicative of
his guilt, that which is favorable to the accused should be considered.
Estoppel By Deed – the tenant is not permitted to deny title of his
landlord at the time of the commencement of the land-lord tenant
relationship. If the title asserted is one that is alleged to have been
acquired subsequent to the commencement of that relation, the presumption
will not apply.
Estoppel In Pais - whenever a party has, by his own declaration, act,
or omission, intentionally and deliberately lead another to believe a
particular thing to be true and act upon such belief, he cannot, in
any litigation arising out of such declaration, act or omission, be
permitted to falsify it.
Expert Witness - one who belongs to the profession or calling to which
the subject matter of the inquiry relates to and who possesses special
knowledge on questions on which he proposes to express an opinion.
Express Admissions - are those made in definite, certain and unequivocal
language.
Extra Judicial Admissions - are those made out of court, or in a judicial
proceeding other than the one under consideration.
Fact - thing done or existing.
Facts In Issue - are those facts which the plaintiff must prove in order
to establish his claim and those facts which the defendant must prove
in order to establish a defense set up by him, but only when the fact
alleged by the one party is not admitted by the other party.
Facts Relevant To The Issue - are those facts which render the probable
existence or non-existence of a fact in issue, or some other relevant
fact.
Factum Probandum - the ultimate fact or the fact sought to be established.
- Refers to proposition
Factum Probans - is the evidentiary fact or the fact by which the factum
probandum is to be established. Materials which establish the proposition.
Hearsay Rule - Any evidence, whether oral or documentary is hearsay if
its probative value is not based on the personal knowledge of the
witness but on the knowledge of some other person not on the witness
stand.
Impeaching Evidence - a proper foundation must be laid for the impeaching
questions, by calling attention of such party to his former statement
so as to give him an opportunity to explain before such admissions are
offered in evidence.
Implied Admissions - are those which may be inferred from the acts,
declarations or omission of a party. Therefore, an admission may be
implied from conduct, statement of silence of a party.
Independent Evidence - admissions are original evidence and no foundation
is necessary for their introduction in evidence
Intermediate Ambiguity - situation where an ambiguity partakes of the
nature of both patent and latent. In this, the words are seemingly
clear and with a settled meaning, is actually equivocal and admits of
two interpretations. Here, parol evidence is admissible to clarify
the ambiguity provided that the matter is put in issue by the pleader.
Example: Dollars, tons and ounces.
Issue - is the point or points in question, at the conclusion of the
pleadings which one side affirms, and the other side denies.
Judicial Admissions - are those so made in the pleadings filed or in
the progress of a trial.
- It is one made in connection with a judicial
proceeding in which it is offered, while an extrajudicial admission
is any other admission.
Judicial Notice - no more than that the court will bring to its aid
and consider, without proof of the facts, its knowledge of those
matters of public concern which are known by all well-informed
persons.
- cognizance of certain facts which judges may take
and act on without proof because they are already known to them.
Material Evidence - evidence directed to prove a fact in issue as
determined by the rules of substantive law and pleadings. The test is
whether the fact it intends to prove is an issue or not. AS to whether
a fact is in issue or not is in turn determined by the substantive law,
the pleadings, the pre-trial order and by the admissions or confessions
on file. Consequently, evidence may be relevant but may be immaterial
in the case.
Negative Evidence - when the witness did not see or know of the occurrence
of a fact. There is a total disclaimer of persona knowledge, hence without
any representation or disavowal that the fact in question could or could
not have existed or happened. It is admissible only if it tends to
contradict positive evidence of the other side or would tend to exclude
the existence of fact sworn to by the other side.
Object Evidence - is a tangible object that played some actual role on
the matter that gave rise to the litigation. For instance, a knife.
Objective or Real Evidence - directly addressed to the senses of the
court and consist of tangible things exhibited or demonstrated in open
court, in an ocular inspection, or at place designated by the court
for its view or observation of an exhibition, experiment or demonstration.
This is referred to as autoptic preference.
Omnia praesumuntur rite et solemniter esse acta donec probetur in
contrarium – all things are presumed to have been done regularly and
with due formality until the contrary is proved.
Opinion - an inference or conclusion drawn from facts observed.
Ordinary Opinion Evidence - that which is given by a witness who is
of ordinary capacity and who has by opportunity acquired a particular
knowledge which is outside the limits of common observation and which
may be of value in elucidating a matter under consideration.
Parol Evidence - any evidence aliunde, whether oral or written, which
is intended or tends to vary or contradict a complete and enforceable
agreement embodied in a document.
Patent or Extrinsic Ambiguity - is such ambiguity which is apparent on
the face of the writing itself and requires something to be added in
order to ascertain the meaning of the words used. In this case, parol
evidence is not admissible, otherwise the court would be creating a
contract between the parties.
Pedigree - includes relationship, family genealogy, birth, marriage,
death, the dates when, and the placer where these facts occurred and
the names of their relatives. It embraces also facts of family history
intimately connected with pedigree.
Positive Evidence - when the witness affirms that a fact did or did not
occur. Entitled to a greater weight since the witness represents of his
personal knowledge the presence or absence of a fact.
Presumption - An inference as to the existence or non-existence of a
fact which courts are permitted to draw from the proof of other facts.
Presumption Juris Or Of Law – is a deduction which the law
expressly directs to be made from particular facts.
Presumption Hominis Or Of Fact – is a deduction which reason
draws from facts proved without an express direction from the
law to that effect.
Prima Facie Evidence - that which is standing alone, unexplained or
uncontradicted, is sufficient to maintain the proposition affirmed.
Primary Evidence - that which the law regards as affording the greatest
certainty of the fact in question. Also referred to as the best evidence.
Privies - those who have mutual or successive relationship to the
same right of property or subject matter, such as “personal
representatives, heirs, devisees, legatees, assigns, voluntary grantee
or judgment creditors or purchasers from them without notices to the fact.
Privity - mutual succession of relationship to the same rights of property.
Proof - the result or effect of evidence. When the requisite quantum
of evidence of a particular fact has been duly admitted and given weight,
the result is called the proof of such fact.
Relevant Evidence - evidence having any value in reason as tending to
prove any matter provable in an action. The test is the logical relation
of the evidentiary fact to the fact in issue, whether the former tends
to establish the probability or improbability of the latter.
Res Gestae - literally means things done; it includes circumstances,
facts, and declarations incidental to the main facts or transaction
necessary to illustrate its character and also includes acts, words,
or declarations which are closely connected therewith as to constitute
part of the transaction.
Rule Of Exclusion - that which is secondary evidence cannot inceptively
be introduced as the original writing itself must be produced in court,
except in the four instances mentioned in Section 3.
Secondary Evidence - that which is inferior to the primary evidence and
is permitted by law only when the best evidence is not available.
Known as the substitutionary evidence.
- shows that better or primary evidence exists as to
the proof of fact in question. It is deemed less reliable.
Self Serving Declaration - is one which has been made extrajudicially
by the party to favor his interests. It is not admissible in evidence.
Testimonial Evidence - is that which is submitted to the court through
the testimony or deposition of a witness.
Unsound Mind - any mental aberration, whether organic or functional, or
induced by drugs or hypnosis.
Witness - reference to a person who testifies in a case or gives evidence
before a judicial tribunal.
Evidence
I. PRELIMINARY CONSIDERATION:
A. Importance of the study of Evidence in Law Enforcement:
As an element of our Criminal Justice System, it is the duty of every law enforcement agencies to
provide the prosecution with the materials and information (Evidence) necessary in order to support
conviction.
Every person is entitled to be presumed innocent of a crime or wrong, unless proven otherwise. This
is a prima facie presumption which must be overcome by proof beyond reasonable doubt.
B. Connecting the chain of events through Evidence during Trial:
Trial refers to “the examination before a competent tribunal, according to the laws of the land, of the
facts in issue in a cause, for the purposes of determining such issue” (U.S. v. Raymundo, 14 Phil
416).
Evidence helps in the determination of Questions of Facts by helping the judge reconstruct the chain
of events from the conception up to the consummation of a criminal design.
C. Factum Probandum and Factum Probans
Factum Probandum – The ultimate facts to be proven. These are the propositions of law.
Examples:
• murder was committed thru treachery
• robbery was made through force upon things
Factum Probans – The evidentiary Facts. These addresses questions of fact.
Examples:
• exit wounds were in front indicating that victim was shot at the back
• destroyed locks indicative of force upon things
Thus, the outcome of every trial is determined by:
• Propositions of law, and
• Questions of fact.
D. Proof and Evidence
Evidence – the means to arrive at a conclusion. Under the Revised Rules of Court, evidence is
defined as “the means, sanctioned by the rules, for ascertainment in a judicial proceeding, the truth,
respecting a matter of fact”.
Proof – the result of introducing evidence. The establishment of a requisite degree of belief in the
mind of the judge as to the facts in issue. It refers to the accumulation of evidence sufficient to
persuade the trial court.
Quantum of evidence – the totality of evidence presented for consideration
Quantum of proof – refers to the degree of proof required in order to arrive at a conclusion.
Burden of evidence – the duty of a party of going forward with evidence.
Burden of proof – the duty of the affirmative to prove that which it alleges.
Variations on degrees of proof based on type of action:
1. Criminal Action – proof beyond reasonable doubt [that degree of proof which produces conviction
in an unprejudiced mind]
2. Civil Action – preponderance of evidence [evidence of greater weight or more convincing than that
which is offered to refute it]
3. Administrative Action – sufficiency of evidence [that amount of relevant evidence which a
reasonable mind might accept as adequate to justify a conclusion]
E. Exclusionary Rule. (Fruit of the poisonous tree doctrine)
Evidence ILLEGALLY OBTAINED are inadmissible for reasons of public policy. This is so because
of the constitutional requirement of due process. Due process has been defined as “the law that
hears before it condemns, which proceeds upon inquiry, and renders judgment only after fair trial”.
As a result, jurisprudence has evolved a rule that renders inadmissible any evidence obtained in an
illegal search from being introduced in trial.
F. Principle of Chain of Custody of Evidence
If the evidence is of a type which cannot be easily recognized or can readily be confused or
tampered with, the proponent of the object must present evidence of its chain of custody. The
proponent need not negate all possibilities of substitution or tampering in the chain of custody, but
must show that:
The evidence is identified as the same object which was taken from the scene;
It was not tampered with, or that any alteration can be sufficiently explained (i.e. discoloration due to
the application of ninhydrine solution, etc.); and
The persons who have handled the evidence are known and may be examined in court with regard
to the object.
II. GENERAL PROVISIONS:
A. Concepts of evidence:
1. It is a means of ascertainment – used to arrive at a legal conclusion
2. It is sanctioned by the rules of court – meaning, not excluded by the rules on relevancy and
admissibility
3. It is used in a judicial proceeding – there is a jural conflict involving different rights asserted by
different parties
4. It pertains to the truth respecting a matter of fact – evidence represents a “claim” either for the
prosecution or for the defense where issues (clashes of view) are present.