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GUIDELINES

Proper chain of custody shall always be observed All examined pieces of evidence shall be personally turned over by the examiner on case to the evidence custodian Evidence custodian shall document all received/released evidence for court presentation Evidence shall be properly placed in containers, labeled and placed in evidence room

SCIENTIFIC EVIDENCE

Evidence is a proof of allegation, it is a means sanctioned by law of ascertaining in a judicial proceeding the truth respecting a matter of fact

TYPES OF EVIDENCE

DIRECT EVIDENCE
That which is received by the senses

CIRCUMSTANTIAL EVIDENCE
Evidence which seeks to establish a conclusion

by inferences from the facts proven

HEARSAY EVIDENCE
Statement made by a witness on the authority of

another and not from his own personal knowledge or observation It is inadmissible, except on the following:
Dying declaration Res gestae

TYPES OF EVIDENCE
Declaration against interest

Act or declaration about pedigree


Family reputation or tradition regarding

pedigree Common reputation Part of res gestae Entries in the course of business Entries on official records Learned treaties Testimony or deposition from a former proceeding

FORMS OF SCIENTIFIC EVIDENCE


Real or autopic evidence Testimonial evidence Documentary evidence

WITNESS
A witness in court may be an ordinary or expert witness Qualifications of an ordinary witness

He has the organ and the power to perceive Perceiving can make known his perception to

others He does not fall in any exception as provided by law, Rule 123, ROC

Expert witness
The opinion of a witness regarding a question of

science, art or trade, where he is skilled therein

DISTINCTIONS
ORDINARY WITNESS Can only state what his senses have perceived EXPERT WITNESS State what he has perceived and also give his opinion, deductions or conclusions to his perception May not be skilled on the line Must be skilled in the art, he is testifying science or trade he is testifying Cannot testify on things or Testify on things which he fact he has not perceived has not seen by giving his except those provided for by opinions, deductions or law conclusions on the statement of facts

PROBATIVE VALUE OF EXPERT TESTIMONY


Nature of the inquiry controls as to whether the court is bound by the testimony of the expert or not If the subject of inquiry comes within the general knowledge of the judge, the latter will not be bound by the conclusion of the expert If the subject of inquiry is such a nature that the layman can have no knowledge, the court must depend on the result of examination of the expert

QUALIFICATIONS OF AN EXPERT WITNESS


The degree of learning of the witness The basis and logic of his conclusion The other proof of the case

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