Chapter III Categories of Object Evidence

Object Evidence 1. Unique objects

- objects that have readily identifiable marks
Lesson 6: Object Evidence 2. Objects made unique
- objects that are made readily identifiable
Purpose of Object Evidence 3. Non-unique objects
- Object evidence, which can be observed though the use of - objects with no identifying marks and cannot be marked
our five senses, is a neutral source of information. They do
not intrinsically favor any party, as their existence and
condition are results of actual occurrences. It is superior form
* Examples of Object Evidence *
of evidence in this regard, and as such, can be helpful to law 1. Paraffin Cast
enforcers who aim to accurately establish the facts. If a thing,
whether real or personal, can be seen, smelled, heard, tasted - When a person discharges a firearm, the explosive
and felt, and it is offered for a purpose other than proving its action scatters particles from the firearm in the air, and these
contents, then it is object evidence. particles may attach themselves to nearby objects. Paraffin
dermal nitrate test determines the presence of gunshot
Weight of Object Evidence residue on the hands of an accused who is alleged to have
discharged a firearm. Paraffin wax is what we called the
- Physical or object evidence is evidence of the highest order.
“paraffin cast”. A chemical reagent us then applied to the
It speaks more eloquently than a hundred witnesses.
paraffin cast. Parts of the cast where there are nitrate or
- Physical evidence is a mute but eloquent manifestation of nitrite from the cartridge discharge turn blue
truth, and it ranks high in our hierarchy of trustworthy
evidence. In criminal case such as murder or rape where the
accused stands to lose his liberty if found guilty, the Velasco, Lady Ivy Vanity & Abastillas, Renato Jr. , Evidence, 2021
Supreme Court has, in many occasions relied principally REMINDER: THIS DOCUMENT IS SOLELY FOR ACADEMIC
upon physical evidence in ascertaining the truth. Where the PURPOSES AND SHALL BE DEEMED TO BE USED
physical evidence on record ran counter to the testimonial EXCLUSIVELY FOR YOUR CLASS. SHARING OF THE SAID
INTELLECTUAL CREATION WITHOUT MY CONSENT IS
evidence of the prosecution witnesses, we ruled that the
STRICTLY PROHIBITED
physical evidence should prevail.
 2. Fingerprints 2. Scalpels, abortive pills, medical equipment and facilities used for
the crime of abortion
- Good police work necessitates checking the crimes
scene for all the telltale signs left by the perpetrators. These 3. Pistol used in shooting the victim and knife or any pointed object
signs include the fingerprints analysis as trustworthy used in stabbing for the crime of murder, parricide and homicide
evidence because they are unique to all persons, even to 4. In theft or robbery, fencing, carnapping or piracy, the picklocks,
identical twins who share the same DNA. false keys and similar tools and the stolen object if recovered
3. Marked money 5. The subject dangerous or illegal drug recovered for violation of
- In entrapment operations, law enforcers may use Republic Act No. 9165
marked money or boodle money with fluorescent powder. 6. The cellular phone, plastic bag, plastic sachet, tooter, aluminum
The hands of the accused are then tested for the presence of foil strips, disposable lighters, weighing scales and other drug
the fluorescent powder to prove that they received the paraphernalia under Sec. 12 of Republic Act No. 9165
marked money
7. The playing cards and other gambling paraphernalia in violation
4. Polygraph Test of Presidential Decree No. 1602
- Despite the frequent depiction in movies of suspects 8. Any physical equipment used in the crime of falsification of
undergoing lie detector tests during an investigation, results public documents
of these tests are frequently rejected by the courts as
9. The clothing used by the offender in committing the crime
evidence of guilt. Polygraph testing has not yet attained
scientific acceptance as a reliable and accurate means of 10. The bloodstains found on the body of the victim
ascertaining truth or description.

* Other Exampled of Object as Evidence * Velasco, Lady Ivy Vanity & Abastillas, Renato Jr. , Evidence, 2021

1. Gasoline or any fire instrument used in setting fire for the crime REMINDER: THIS DOCUMENT IS SOLELY FOR ACADEMIC
of Arson. PURPOSES AND SHALL BE DEEMED TO BE USED
EXCLUSIVELY FOR YOUR CLASS. SHARING OF THE SAID
INTELLECTUAL CREATION WITHOUT MY CONSENT IS
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 Lesson 7: DNA Evidence of the information obtained from the DNA testing of
biological samples for the purpose of determining, with
DNA reasonable certainty, whether or not the DNA obtained from
two or more distinct biological samples originates from the
Legal Basis same person (direct identification) or if the biological
Rules on DNA Evidence, Section 3. Definition of Terms samples originate from related person (kinship analysis); and
f. “Probability of Parentage” means the numerical estimate
- For the purposes of this Rule, the following terms shall be for the likelihood of parentage of a putative parent compared
defined as follows:
with the probability of a random match of two unrelated
a. “Biological sample” means any organic material individuals in a given population.
originating from a person’s body, even if found in inanimate
objects, that is susceptible to DNA testing. This included
Procedure on Using DNA Evidence
blood, saliva and other body fluids, tissues, hairs and bones. Legal Basis
b. “DNA” means deoxyribonucleic acid, which is the chain Rules on DNA Evidence, Section 4. Application
of molecules found in every nucleated cell of the body. The
totality of an individual’s DNA is unique for the individual,
for DNA Testing Order
except identical twins. - The appropriate court may, at any time, either motu
c. “DNA evidence” contributed the totality of the DNA proprio or an application of any person who has a
profiles, results and other genetic information directly legal interest in the matter in litigation, order a DNA
generated from DNA testing of biological samples. testing. Such order shall issue after due hearing and
notice to the parties upon a showing of the following:
d. “DNA profile” means genetic information derived from
Velasco, Lady Ivy Vanity & Abastillas, Renato Jr. , Evidence, 2021
the DNA testing of a biological sample obtained from a
person, which biological sample is clearly identifiable as REMINDER: THIS DOCUMENT IS SOLELY FOR ACADEMIC
PURPOSES AND SHALL BE DEEMED TO BE USED
originating from that person. EXCLUSIVELY FOR YOUR CLASS. SHARING OF THE SAID
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e. “DNA testing” means verified and credible scientific STRICTLY PROHIBITED
method which include the extraction of DNA from biological
samples, the generation of DNA profiles and the comparison
 a. A biological sample exists that is relevant a. Oder, where appropriate, that biological samples be
to the case; taken from any person or crime scene evidence;
b. The biological sample: (i) was not b. Impose reasonable conditions on DNA testing
previously subjected to the types of DNA designed to protect the integrity of the biological
testing now requested; or (ii) was previously sample, the testing process and the reliability of the
subjected to DNA testing, but the results may test results, including the condition that the DNA test
require confirmation for good reasons; results shall be simultaneously disclosed to parties
involved in the case; and
c. The DNA testing uses a scientifically valid
technique; c. If the biological sample taken is of such an amount
that prevents the conduct of confirmatory testing by
d. The DNA testing has the scientific
the other or the adverse party and where additional
potential to produce new information that is
biological samples of the same kind can no longer be
relevant to the proper resolution of the case;
obtained, issue an order requiring all parties to the
and
case or proceedings to witness the DNA testing to be
e. The existence of other factors, if any, which conducted
the court may consider as potentially affecting
the accuracy or integrity of the DNA testing
This Rule shall not preclude a DNA testing,
without need of a prior court order, at the
behest of any party, including law
enforcement agencies, before a suit or
proceeding is commenced.
Velasco, Lady Ivy Vanity & Abastillas, Renato Jr. , Evidence, 2021

REMINDER: THIS DOCUMENT IS SOLELY FOR ACADEMIC

Rules on DNA Evidence, Section 5. DNA Testing Order PURPOSES AND SHALL BE DEEMED TO BE USED
EXCLUSIVELY FOR YOUR CLASS. SHARING OF THE SAID
- If the court finds that the requirements in Section 4 hereof INTELLECTUAL CREATION WITHOUT MY CONSENT IS
have been complied with, the court shall: STRICTLY PROHIBITED
 An order granting the DNA testing shall be The court may allow the physical destruction of a
immediately executory and shall not be appealable. biological sample before the expiration of the periods
Any petition for certiorari therefrom shall not, in any set forth above, provided that:
way, stay the implementation thereof, unless a higher
(a) A court order to that effect has been secured; or
court may issue an injunctive order. The grant of
(b) The person from whom the DNA sample was
DNA testing application shall not be constructed as
obtained has consented in writing to the disposal
an automatic admission into evidence of any
of the DNA evidence
component of the DNA evidence that may be
obtained as a result thereof.
Application for DNA Testing Order

Rules on DNA Evidence, Section 12. Preservation of - DNA testing may be done whether or not there is a pending
case and in certain circumstances, even after the trial of the
DNA Evidence
case has already been concluded. Thus, law enforcement
- The trial court shall preserve the DNA evidence in its authorities, in instances where there is no suit or proceeding,
totality, including all biological samples, DNA profiles and an application for a DNA testing order may be filed by an
results or other genetic information obtained form DNA interested party, or the court may issue DNA testing order on
testing. For this purpose, the court may order the appropriate its own initiative.
government agency to preserve the DNA evidence as
follows:
a. In criminal cases:
i. for not less than the period of time that any person
is under trial for an offense, or
ii. in case the accused is serving sentence, until such Velasco, Lady Ivy Vanity & Abastillas, Renato Jr. , Evidence, 2021

time as the accused has served his sentence; REMINDER: THIS DOCUMENT IS SOLELY FOR ACADEMIC
PURPOSES AND SHALL BE DEEMED TO BE USED
b. In all other cases, until such time as the decision in EXCLUSIVELY FOR YOUR CLASS. SHARING OF THE SAID
the case where the DNA evidence was introduced has INTELLECTUAL CREATION WITHOUT MY CONSENT IS
STRICTLY PROHIBITED
become final and executory
 - The court may issue a DNA testing order when after due final and executory judgement provided that (a) a biological sample
notice and hearing to the parties, it finds upon sound exists, (b) such sample is relevant to the case, and (c) testing would
direction that: probably results in the reversal or modification of the judgement of
conviction
a. A biological sample exists that is relevant to the
case; Rules on DNA Evidence, Section 10. Post-conviction
b. The biological sample: DNA Testing, Remedy if the Results are Favorable to the
Court
i. was not previously subjected to the type of
DNA testing now requested; or - The convict or the prosecution may file a petition for a writ
of habeas corpus in the court of origin if the results of the
ii. was previously subjected to DNA testing,
post-conviction DNA testing are favorable to the convict. In
but the results may require confirmation for
case the court, after due hearing, finds the petition to be
good reasons
meritorious, it shall reverse or modify the judgement of
c. The DNA testing uses a scientifically valid conviction and order the release of the convict, unless
technique; continued detention is justified for a lawful course.
d. The DNA testing has the scientific potential to Weight of DNA Evidence
produce a new information that is relevant to the
proper resolution of the case; and Legal Basis
e. The existence of other factors, if any, which the Rules on DNA Evidence, Section 7. Assessment of
court may consider as potentially affecting the probative value of DNA evidence
accuracy or integrity of the DNA testing
- In assessing the probative value of the DNA evidence
Post-conviction DNA Testing presented, the court shall consider the following:
Rules on DNA Evidence, Section 6. Post-conviction Velasco, Lady Ivy Vanity & Abastillas, Renato Jr. , Evidence, 2021
REMINDER: THIS DOCUMENT IS SOLELY FOR ACADEMIC
DNA Testing PURPOSES AND SHALL BE DEEMED TO BE USED
EXCLUSIVELY FOR YOUR CLASS. SHARING OF THE SAID
- Post-conviction DNA testing may b available, without need INTELLECTUAL CREATION WITHOUT MY CONSENT IS
of prior court order, to the prosecution or any person convicted by STRICTLY PROHIBITED
 (a) The chain of custody, including how the (c) The general acceptance of the principles or
biological samples were collected, how they were methods by the relevant scientific community;
handled, and the probability of contamination of the
(d) The existence and maintenance of standards and
samples;
controls to ensure the correctness of data generated;
(b) The DNA testing methodology, including
(e) The existence of an appropriate reference
accreditation by any reputable standards-setting
population database; and
institution and the qualification of the analyst who
conducted the tests. If the laboratory is not (f) The general degree of confidence
accredited, the relevant experience of the laboratory attributed to mathematical calculations used
in forensic casework and credibility shall be properly in comparing DNA profile and the
established; and significance and limitation of statistical
calculations used in comparing DNA profiles.
(d) The reliability of the testing result, as hereinafter
provided. Rules on DNA Evidence, Section 9. Evaluation of DNA
The provisions of the Rules of Court concerning the appreciation of Testing Results
evidence shall apply supplementorily. - In evaluating the results of the DNA testing, the court shall
Rules on DNA Evidence, Section 8. Reliability of DNA consider the following:
Testing Methodology (a) The evaluation of the weight if matching DNA
evidence of mismatching DNA evidence;
- In evaluating whether the DNA testing methodology is
reliable, the court shall consider the following:
(a) The falsifiability of the principles or methods
used, that is, whether the theory or technique can be
has been tested,
Velasco, Lady Ivy Vanity & Abastillas, Renato Jr. , Evidence, 2021
(b) The subjection to peer review and publication of
REMINDER: THIS DOCUMENT IS SOLELY FOR ACADEMIC
the principles or methods;
PURPOSES AND SHALL BE DEEMED TO BE USED
EXCLUSIVELY FOR YOUR CLASS. SHARING OF THE SAID
INTELLECTUAL CREATION WITHOUT MY CONSENT IS - accreditation or relevant experience and credibility of the
STRICTLY PROHIBITED
laboratory, as well as the qualification of the analyst who
( b) The results of the DNA testing in the lights of the conducted the testing
totality of the other evidence presented in the case;
and that 4. Reliability of the testing result
- the degree of match or mismatch between the DNA profiles
(c) DNA results that exclude the putative parent from from the evidence sample and the reference sample and how
paternity shall be conclusive proof of non-paternity. the DNA evidence supports or contradicts the other evidence
If the value of the Probability of Paternity is less than introduced in the case
99.0%, the results of the DNA testing shall be
considered as corroborative evidence. If the value of
the Probability of Paternity is 99.9% or higher, there DNA Result: Probative Value
shall be a disputable presumption of paternity. Probability of Paternity
0% or excluded Conclusive proof of non-paternity
In its assessment of the DNA evidence, the courts will need to Less than 99.9% Corroborative evidence
consider these four factors: 99.9% or higher Disputable presumption of paternity
1. Chain of custody
- the collection of the samples, transmittal to the testing
Lesson 8: Evidence in Drug Case
facility, testing, storage, possible contamination
Chain of Custody Rule
2. DNA testing methodology
- the testing methodology must be scientifically recognized Legal Basis
as a valid technique, meaning it has to be tested, reviewed
and accepted by the scientific community, with known
Republic Act No. 9165, Section 21. Custody and
advantages and disadvantages, and the use of appropriate Disposition of Confiscated, Seized and/or Surrendered
standards and controls, references and calculations Dangerous Drugs, Plant Sources of Dangerous Drugs,
Controlled Precursors and Essential Chemicals,
3. Forensic DNA laboratory Instruments / Paraphernalia and/or Laboratory
Equipment
Velasco, Lady Ivy Vanity & Abastillas, Renato Jr. , Evidence, 2021 to be examined by the forensic laboratory: Provided,
REMINDER: THIS DOCUMENT IS SOLELY FOR ACADEMIC however, that a final certification shall be issued
PURPOSES AND SHALL BE DEEMED TO BE USED immediately upon completion of the said examination and
EXCLUSIVELY FOR YOUR CLASS. SHARING OF THE SAID certification.
INTELLECTUAL CREATION WITHOUT MY CONSENT IS
STRICTLY PROHIBITED

- The PDEA shall take charge and have custody of all

dangerous drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals, as well as Mandatory Witness Rule
instruments / paraphernalia and / or laboratory equipment so
confiscated, seized, and / or surrendered, for proper Legal Basis
disposition in the following manner: Republic Act No. 9165, Section 21. Custody and
(1) XXX Disposition of Confiscated, Seized, and / or
(2) Within twenty-four (24) hours upon confiscation / seizure Surrendered Dangerous Drugs, Plant Sources of
of dangerous drugs, plant sources of dangerous drugs, Dangerous Drugs, Controlled Precursors and
controlled precursors and essential chemicals, as well as Essential Chemicals, Instruments / Paraphernalia
instruments / paraphernalia and / or laboratory equipment, and/ or Laboratory Equipment
the same shall be submitted to the PDEA Forensic
Laboratory for a qualitative and quantitative examinations; - The PDEA shall take charge and have custody of all
dangerous drugs, plant sources of dangerous drugs,
(3) A certification of the forensic laboratory examination controlled precursors and essential chemicals, as well as
results, which shall be done by the forensic laboratory instruments / paraphernalia and / or laboratory equipment so
examiner, shall be issued immediately upon the receipt of the confiscated, seized, and / or surrendered, for proper
subject item/s: Provided, that when the volume of dangerous disposition in the following manner:
drugs, plant sources of dangerous drugs and controlled
precursors and essential chemicals does not allow the
completion of testing within the time frame, a partial
laboratory examination report shall not be provisionally
issued stating therein the quantities of dangerous drugs still
Velasco, Lady Ivy Vanity & Abastillas, Renato Jr. , Evidence, 2021 chemicals, as well as instruments / paraphernalia
REMINDER: THIS DOCUMENT IS SOLELY FOR ACADEMIC and / or laboratory equipment so confiscated, seized,
PURPOSES AND SHALL BE DEEMED TO BE USED and / or surrendered, for proper disposition in the
EXCLUSIVELY FOR YOUR CLASS. SHARING OF THE SAID following manner:
INTELLECTUAL CREATION WITHOUT MY CONSENT IS
STRICTLY PROHIBITED (1) The apprehending team having initial
custody and control of the dangerous drugs,
controlled precursors and essential chemicals,
(1) The apprehending team having initial custody and control instruments / paraphernalia and/or laboratory
of the drugs shall, immediately after seizure and equipment shall, immediately after seizure and
confiscation, physically inventory and photograph the same confiscation, conduct a physical inventory of the
in the presence of the accused or the person/s from whom seized items and photograph the same in the presence
such items were confiscated and/or seized, or his/her of the accused or the person/s from whom such items
representative or counsel, a representative form the media were confiscated and/or seized, or his/her
and the Department of Justice (DOJ) and any elected public representative or counsel, with an elected public
official who shall be required to sign the copies of the official and a representative to the National
inventory and be given a copy thereof; Prosecution Service or the media who shall be
required to sign the copies of the inventory and be
Republic Act No. 10640, Section 1. Section 21 od
given a copy thereof:
Republic Act No. 9165, otherwise known as the
“Comprehensive Dangerous Drugs Act of 2002,” is Provided, that the physical inventory and photograph
shall be conducted at the place where the search
hereby amended to read as follows:
warrant is served; or at the nearest police station or at
- Sec. 21. Custody and Disposition of Confiscated, Seized, the nearest office of the apprehending officer/team,
and / or Surrendered Dangerous Drugs, Plant Sources of whichever is practicable, in case of warrantless
Dangerous Drugs, Controlled Precursors and Essential Chemicals, seizures. Provided, finally, that noncompliance of
Instruments / Paraphernalia and/ or Laboratory Equipment these requirements under justifiable grounds, as long
as the integrity and the evidentiary value of the seized
- The PDEA shall take charge and have items are properly preserved by the apprehending
custody of all dangerous drugs, plant sources of officer/team, shall not render void and invalid such
dangerous drugs, controlled precursors and essential seizures and custody over said items.
Velasco, Lady Ivy Vanity & Abastillas, Renato Jr. , Evidence, 2021

REMINDER: THIS DOCUMENT IS SOLELY FOR ACADEMIC

PURPOSES AND SHALL BE DEEMED TO BE USED
EXCLUSIVELY FOR YOUR CLASS. SHARING OF THE SAID
INTELLECTUAL CREATION WITHOUT MY CONSENT IS
STRICTLY PROHIBITED