Lecture 4 Part I

Identification and
DNA
Fingerprinting
Atty Molly Cr Abiog, MD
College of Law
University of the Cordilleras

Identification
IDENTIFICATION
Determination of the individuality of a
person or a thing

Importance:
In the prosecution of a criminal offense, the
identity of the offender and that of the
victim must be established
Otherwise it will be a ground for the
dismissal of the case or the acquittal of the
accused

Importance of
Identification
Identification of a person missing
or presumed dead will facilitate
Settlement of the f

Estate
Retirement
Insurance and
Other social benefits

It vests on the heirs the right over the

properties of the identified person

Importance of
Identification
If the identity cannot be established,
then the law on presumption of
death (Art. 390, Civil Code) must be
applied which requires the lapse of
seven years before a person can be
presumed dead
In special instances, the seven years
period may be reduced to four years
(Art. 391, Civil Code)

Importance of
Identification
Identification resolves the
anxiety of the next-of-kin, other
relatives and friends as to the
whereabouts of a missing
person or victim of calamity or
criminal act

Importance of
Identification

Identification may be needed in some

transactions, like

Encashment of check
Entering a premise
Delivery of parcels of registered mail
in post office
Sale of property
Release of dead bodies to relatives
Parties to contract, etc.

Rules in Personal
Identification
Laws of Multiplicity of Evidence in
Identification
Value of the different points of
identification varies in the
formulation of a conclusion
Fingerprints
Visual recognition

Rules in Personal
Identification
The longer interval between
death and examination of
the remains for purposes of
identification, the greater
need for experts in
establishing identity

Rules in Personal Identification

Inasmuch as the object to be
identified is highly perishable,
it is necessary for the team
to act in the shortest
possible time especially in
case of mass disaster

Rules in Personal Identification

No rigid rule observed in the
procedure of identification of
persons

Methods of Identification
By comparison
Identification criteria recovered during
investigation is compared to records
available in the file or
Postmortem findings are compared
with antemortem records, eg
Latent fingerprints recovered from the
crime scene are compared with the
fingerprints on file of an investigating
agency

Methods of Identification
Dental findings on the skeletal remains
are compared with the dental records of
the person in possession of the dentist

By exclusion
If two or more persons have to be
identified and all but one is not yet
identified, then the one whose
identity has not been established
may be known by the process of
elimination

IDENTIFICATION OF PERSONS
(Outline)
I. Ordinary Methods of Identification
A. Points of Identification Applicable to
Living Person Only
1) Characteristics which may easily be changed
2) Characteristics that may not easily be
changed

B. Points of Identification Applicable to

Both Living & Dead Before Onset of
Decomposition

II. Scientific Methods of Identification

Ordinary Methods of
Identification
Characteristics which may easily be
changed:
Growth of hair, beard and mustache
Clothing
Frequent place of visit
Grade of profession
Body ornamentations

Characteristics which may NOT be

easily changed

Mental memory
Speech
Gait patterns
Mannerism stereotype movements or
habits peculiar to an individual
Hands and feet
Complexion
Changes in the eyes
Facies
Left or right handedness
Degree of Nutrition

Points of Identification Applicable to both

Living and Dead before decomposition
sets in:
1. Occupational Mark
2. Race

color of skin
features of face
features of skull
wearing apparel

3. Stature: a person ceases to

increase in height after the age of 25
4. Tattoo marks

1. Occupational Marks
Shoemaker depressed sternum
Painters stains of hands & fingernails
Engineers & Mechanics grease on hands &
nails
Baker & Miller flour dust on clothing & body
Mason callosities on the palms of the hands
Blacksmith scars from burns at the back of
hands
Miner tattoo on the hand
Dyer, photographic developer, printer
chemical stain of the hands

2. Race Differences

Race

Color
of
skin

Caucasia
n
Malayan
Mongolia
n
Negro

Fair
Brown
Fair
Black

Feature of face

Prominent sharp
nose
Flat nose, round
face
Almond eyes,
Thick lips,
prominent eyes

Shape of the
skull
Elongated
skull
Round head
Round head
Flat head

3. Stature
Growth most active from 5 7 and from 13 16
yrs
Growth of person rarely exceeds 5.0 cm after
age 18 yrs
Person ceases to grow in height after age 25 yrs
When rate of growth is increased, horizontal
growth is reduced
Shrinkage of height
Old age
Osteoporosis
Long standing debilitating disease

Methods of Approximating the

Height of a Person
Measures distance between the tips
pf the middle fingers of both hands
extended laterally
2X length of one arm plus 12.5
inches from the clavicle and 1.5
inches from the sternum
2X the length from the vertex of the
skull to the pubic symphysis

Methods of Approximating the

Height of a Person
Distance between the suprasternal notch
and the pubis symphysis is about one-third
of the height
Distance from the base of the base of the
skull to the coccyx is about 44% of the
height
Length of forearm from tip of olecranon
process to the tip middle finger is 5/19 of
the height (or 19/5 times forearm length)
8X the length of the head is approximately
equal to the height of the person

4. Tattoo Marks
Tattoo marks-- introduction of
coloring pigments in the layers
of the skin by multiple puncture
Importance
Helps in identifying a person
Indicates memorable events in his life
Indicate the social stratum to which the
person belong.
Implies previous commitment in previous
or membership in a criminal gang

Art of Tattooing

Dracula Tattoo

Captain Elvies Backpiece

Grimm workpiece

German Creola

Ironstat tattoo

Mildred Hulls Tattoo

Mildred Hulls Tattoo

Points of Identification Applicable to both

Living and Dead before decomposition
sets in:
5. Weight - easily changes from time to time.
6. Deformities - congenital or acquired
7. Birth marks - spot nevi, port wine, or a
mongolian blue spot

described as to shape. Location, dimension, color,

or degree of pigmentation

8. Injuries leaving permanent results amputation, improper union of fractured

bones.
9. Moles
10. Scar

10. Scar
Scar - Remaining mark after
healing of wounds
Characteristics of the scar may show
the cause of the previous lesion:
Surgical operation: regular form and
situation of stitch marks
Burns ands scald- scars are large,
irregular in shape, and may lead to keloids.
Scar of scald may show stippled surface
Gunshot wounds- depressed are center
and may be adherent to the underlying
tissue

Characteristics of the scar

Tuberculosis sinus- Irregular in shape
furrowed, with edges
Flogging- Fine white lines diagonally across
back, depressed small spots are interval
Gumma- depressed scar following loss of
tissue
Lupus bluish-white scar
Venesection Wet cupping- Short parallel scars on lower
part of the back and loin

Points of Identification Applicable to both

Living and Dead before Decomposition
Sets in:
11. Tribal marks- marks on the
skin by tattooing or branding
12. Sexual organ- circumcision
13. Blood examination- blood
type, disease, parasitic infection
or toxic substances present may
be utilized to distinguish one
person from another

ANTHROPOMETRY (Bertillon
System)
Anthropometrical measurement of
the human body as the basis of
identification
Basis:
Human skeleton is unchangeable after
the twentieth year
Impossible to find two human beings
having bones exactly alike
Necessary can easily be taken with the
aid of a simple instrument

ANTHROPOMETRY (Bertillon
System)
Information included in the Bertillon
System
Descriptive data color of hair, eyes,
skin . . .
Body marks moles, scar, tattoo
Anthropometric measurements
Body measurements height, width, sitting
height
Measurement of head
Measurement of the limbs

ANTHROPOMETRY
PORTRAIT PARLE- (Spoken
Picture)
a verbal, accurate and picturesque
description of the person identified

ANTHROPOMETRY
ROGUES GALLERY or PHOTOGRAPHIC
FILES marked files wherein the picture of a suspect is
compared with the cartographic sketch
EXTRINSIC FACTORS IN IDENTIFICATION:

Ornamentations
Personal belongings
Wearing apparel
Foreign bodies
Identification by close relatives
Identification records on file at the police
department, immigration bureau, hospitals, etc.
Identification photograph

LIGHT AS A FACTOR IN
IDENTIFICATION

Particularly important when there is

an eye witness to a crime:
1. Clearest Moonlight or starlight
Experiments have shown that the bestknown person cannot be recognized by
the clearest moonlight at a
distance greater than 16 to 17
yards and by starlight any farther
than 10-13 yards

LIGHT AS A FACTOR IN
IDENTIFICATION:

Particularly important when there is

an eye witness to a crime:
2. Broad daylight
A person can hardly recognize another
person at a distance farther than 100
yards if the person has never been seen
before,
Persons who are almost strangers may
be recognized at a distance of twentyfive yards

LIGHT AS A FACTOR IN
IDENTIFICATION:

3. Flash of firearms
By experiment, letters 2 inches high can be
read with the aid of the flash of caliber .22
firearms at a distance of two feet
BUT it is hardly possible for a witness to
see the assailant in case of a hold-up or a
murder because:
Usually the assailant is hidden
Assault is unexpected and attention of witness is
at its minimum

LIGHT AS A FACTOR IN
IDENTIFICATION:

4. Flash of lightning
Produces sufficient light for the
identification of an individual provided that
the persons eye is focused towards the
individual he wishes to identify during the
flash

5. Artificial light
Identity is relative to the kind and intensity
of the light
Experiments maybe made for every
particular artificial light concerned

II. Scientific Methods of

Identification
A. Fingerprinting
B. Dental Identification
C. Handwriting
D. Identification of skeleton
E. Determination of sex
F. Determination of age
G. Identification of blood and blood stains
H. Identification of hair and fibers
I. DNA Fingerprinting

A. FINGERPRINTING
Most valuable method of
identification; universally used
because:
There are NO two (2) identical
fingerprints
Fingerprints are not changeable

Fingerprints are an indelible signature

which a person carries from cradle to
grave

Uses of Fingerprints:
1.
2.
3.
4.

Help establish identification in cases of dead

bodies and unknown or missing persons
Fingerprints recovered for scne of crimes are
associative evidence, associative persons are
weapons
Fingerprints on file are useful for comparative
purposes and for the knowledge of previous
criminal records
Among illiterate, right thumb printing is
substitute for signature on legal documents
(Philippines), left thumb (India) and right pointing
finger (Spain)

A. Fingerprinting
Dactylography
Art and study of recording fingerprint as a means
of identification

Dactyloscopy
Art of identification by comparison of fingerprints
Study and utilization of fingerprints

Poroscopy
Type study of identification of the pores found on
the papillary or friction ridges of the skin for
purposes of identification
aka Locards Method of Identification

Methods of Producing
Impressions (Fingerprints)
Plain method
Rolled method
Kinds:
Real Impressions
Chance Impressions

Methods of Producing Impressions

(Fingerprints)
Chance Impressions may be
Visible print
Visible without previous treatment
Visible immediately after impression

Plastic print
Printed on paraffin, putty, resin, cellophane,
plastic, tape, butter, soap, and etch

Latent print
Prints that are not visible after impression but
made visible by the addition of some substances

B. Dental Identification
Important in the following reasons
1. The possibility of two (2) persons to have
the same dentition is quite remote. Why?
32 teeth (Adult) have five (5) surfaces
Some of the teeth may be missing, carious, with
filling materials, and with abnormality in shape
and other peculiarities

2. Enamel of the teeth is the hardest

substance of the human body, to outlast all
other tissues during putrefaction or physical
destruction

Dental Identification
3. After the death, the greater the degree
of the tissue destruction, the greater is
the importance of dental
characteristics as means of
identification
4. The more recent the ante-mortem
records of the person to be identified,
the more reliable is the comparative or
exclusionary mode of identification
that can be done

Accurate Dental Recording

P.D. 1575 requires that practitioners of
dentistry to keep records for 10 years of their
patients to make accurate dental records
available for purposes of comparison or
exclusionary mode of identification. Upon the
lapse of ten years, they shall turn over the
dental records to the NBI
Forensic Odontologist- dentist
specializing in dental identification
Sex- examination for the presence of Barr
bodies (sex identification) from palatal
scrapping

C. Handwriting
A person may be identified
through:
Handwriting
Handprinting
Handnumbering

Handwriting, How proven?

Sec.23, Rule 132 of Court: the
genuineness of any disputed handwriting
may be proven by:

Acknowledgement of the alleged writer that he wrote

it
Statement of the witness who saw the writing made
and is able to identify it as such
By the opinion of persons who are familiar with the
handwriting of the alleged writer
By the opinion of an expert who compares the
questioned writing with that of other writings which
are admitted or treated to be genuine by the party
against whom the evidence is offered

See Sec. 44 (b), Rule 130- Opinion of

Ordinary witness

Some practical uses of

handwriting examination:
Financial crimes- bogus checks, credit cards
fraud and embezzlement
Death investigation- suicide notes, hotel
registration cards, letter of explanation.
Robberies- pawnshop receipts, cashing of
stolen checks
Kidnapping with ransom- demand notes,
threatening letter.
Anonymous threatening letters
Falsification of documents- deeds of
conveyance, receipts

Handwriting
Bibliotics
Science of writing analysis
Study of documents & writing materials to
determine its genuineness and authorship
Experts on this is called bibliotist, handwriting
expert or qualified question document
examiner

Graphology
Study of handwriting for the purpose of
determining the writers personality, character
and aptitude

Handwriting
Handwriting- is a complex interaction
of nerves, memory and muscular
movement. It is influenced by several
factors and may be changed or modified
during the life-span of a person

Giving a Sample of Ones

Signature
As a respondent, can you be
compelled to give a sample of your
signature/handwriting for the
purpose of comparing the same to a
questioned signature? Why?
No, because handwriting is not a mere
physical movement of ones arms, movement
of hands, but involves ones intelligence
Therefore, it is a testimonial knowledge
violative of the right against self-incrimination

Points to be Considered In
Questioned Document Examination

Size
Slant
Spacing
Proportion of the letters
Speed & Rhythm in writing
Shading & change in position in pen hold
Pressure
Penlift
Initial & Terminal strokes
Alignment

Handwriting Exam Done by

Comparison with known Standards
Two (2) types of handwriting
examination
Collected (procured) standard
Consist of handwriting by a person suspected to
have written the questioned document
It may be found in public or private records of the
person or from other sources
Provided it is clear and sufficient, it is the most
appropriate standard

15 handwriting specimens (used as

standards)

Handwriting Exam Done by

Comparison with known Standards

Requested standard

Standards made by the alleged writer of

the document in question upon the request
of the examiner or persons interested in
the examination
Inasmuch as one of the characteristics of a
good exemplar is that it must be
contemporaneous with the date of the
questioned document was made, the use of
the requested standards is applicable only
or recently written questioned documents,
like extortion letter or poison notes or
letter of threat or ransom, etc.

Assignment
Please read & review pp.71-73 of
your book, Legal Medicine by Solis,
1988 ed.:
Handwriting Characteristics of
Illiterates
Old Aged Persons and
Disguised Writing

Signature Forgery
Most common activity of a questioned
document examiner
A signature may be found on a document
which appears that a person has
participated in its execution and the person
denied that he had signed it
Such signature may be found in checks,
deeds of conveyance, anonymous letters,
receipts, etc.

Classification of Signature
Forgery
1. Traced forgery Outlining of a genuine signature from
one document onto another where
the forger wishes it to appear
Traced forgery is basically drawing
and consequently lacks free natural
movement inherent in a persons
normal writing

Ways of Achieving Traced Forgery

The paper wherein his signature is to be
copied is placed o top of the document
containing the signature
By means of a strong light underneath, the forged
signature is traced from the genuine, either directly
or lightly by a pencil outline

By placing the paper to receive the signature

tracing underneath the document bearing the
genuine signature and by indented outline on
the underneath page, or by interweaving the
documents with carbon paper to produce a
carbon outline on the forged paper

Classification of Signature
Forgery
2. Simulated forgery
- An attempt to copy in a freehand
manner the characteristics of a
genuine signature either from memory
of the signature of from a model
3. Spurious forgery
- Forgers own handwriting wherein
little or no attempt has been made to
copy the characteristics of the genuine
writing

D. IDENTIFICATION OF
SKELETON
In the identification of bones, the
following points should be determined
approximately:
1. Whether remains are of human origin or
not
2. Whether remains belong to a single person
or not
3. Height
4. Sex
5. Race

D. IDENTIFICATION OF
SKELETON
In the identification of bones, the
following points should be determined
approximately:
6. Age
7. Length of interment or length of time from
date of death
8. Presence or absence of anti-mortem or postmortem bone injuries
9. Congenial deformities and acquired injuries
in the hard tissues causing permanent
deformities

Identification of the Skeleton

How to determine whether the
remains are of human origin or not:
Size, shape and general features of the
remains, especially that of the head must
be studied
Complete lay-out of the whole bones found
and arranging them in their corresponding
anatomical places
Presence of dental fixtures, rings on the
fingers, earrings in the case of women,
hair and other wearing apparel, together
with the remains---are strong presumption
of human remains

Identification of the Skeleton

How to determine whether the remains
comes from a single individual or not:
A complete lay-out of the bones on a table
in their exact locations in the human body
is necessary
Any plurality or excess of the bones after a
complete lay-out denotes that the remains
belong to more than one person
However, congenital deformities must not
be forgotten
The inequality in sizes, specially in the
limbs may be antemortem

Identification of the Skeleton

Basis of the estimate for
duration of interment:
Presence or absence of soft tissue still
adherent to the bones
Firmness and weight, brittleness,
dryness of the bones
Degree of erosion of the surface of
the bones
Changes in the clothing, coffin and
painting

E. DETERMINATION OF SEX
Legal importance of determination
of Sex Determination
As an aid in identification
To determine whether an individual can
exercise certain obligations vested by law on
one sex only
Marriage or the union of a man and a woman
Rights granted by law are different to
different sexes
There are certain crimes wherein a specific
sex can only be the offender or victim

Marriage or the Union of

a Man and a Woman
Any male of the age of 16 yrs or
more, and any female age 14 yrs
or more, not under any of the
impediments mentioned in Articles
80 to 84 may contract marriage
(Art 54, Civil Code)

Rights granted by Law are Different

to Different Sexes
A daughter above 21 but below 23 can
not leave the parental home without the
consent of the father or mother in
whose company she lives, except to
become a wife, or when she exercises a
profession or calling, or when the father
or mother has contracted a subsequent
marriage (Art 403, Civil Code)

Certain Crimes wherein a Specific

Sex Can only be the Offender or
Victim
In Case of Prostitution
Women who for money or profit, habitually
indulge in sexual intercourse or lascivious
conduct are deemed prostitutes (Art 202.
No. 5, Revised Penal Code)
In Adultery, the offender is a married
woman
In Concubinage, the offender is a husband

Sex Determination
How to determine sex:
Social tests
Genital tests
Gonadal tests
Chromosomal test

Sex Determination
Problems in Sex Determination
Gonadal agenesis- testes or ovaries
have never developed
True hermaphrodism- A state of
bisexuality. The gonads of both sexes
are present which may be separated
or combined as ovotestis

Evidences of Sex
Presumptive Evidences
Highly Probable Evidences of Sex
Conclusive Evidences of Sex

Evidences of Sex
Presumptive Evidences
General features & Contour of face
+/- of hair in some parts of body
Length of the scalp hair
Clothes & apparel, but not in
transvestite
Figure coke, plum
Habit or inclination
Voice & manner of speech

Evidences of Sex
Highly Probable Evidences of Sex
Possession of vagina, uterus or penis
Developed, large breasts in female
Muscular development & distribution
of fats

Conclusive Evidences of Sex

Presence of ovary in female or testis
in male

F. DETERMINATION OF AGE
Legal importance of
Determination of Age:
As an aid to identification
Determination of criminal liability
Determination of right of suffrage
Determination of exercise of civil rights
Determine the capacity to contract
marriage
As a requisite to certain crimes- rape,
infanticide, seduction (qualified, simple),
consented abduction

As a Requisite to Certain Crimes

Rape
Infanticide
Parricide
Seductions
Qualified vs Simple

Consented abduction

Determination of the Age of

Fetus

Application of the Hesss Rule or

Haases Rule

Fetus less than 25 cm. long (Crown to

feet length)

Fetus 25 cm long or more

Get the square root of the length in cm and the

result is the age of the fetus in months
Divide the length of the fetus by 5, and the result
is the age of fetus in months

Examination of the product

conception

G. IDENTIFICATION OF BLOOD AND

BLOOD STAINS
Legal importance of the study:
1. For disputed parentage
(maternity and paternity)
a. Disputed maternity may arise
Alleged switching of babies the nursery of the
hospital
Cases of stray children claimed by two (2) or more
women
For ownership of dead fetus or newly born child
found in the trash

b. Disputed paternity may arise

Wife committed adultery & husband denied to be
the father of the child

G. IDENTIFICATION OF BLOOD AND

BLOOD STAINS
2.. Circumstantial or corroborative evidence against or in
favor of the perpetrator of a crime.
E.g. A stabbed to deathB found with blooded knife
3. Determination of cause of death
4. Determination of direction of escape of victim or
assailant
5. Tapering end of blood spot is towards the direction of
the moving source of blood
6. Determination of approximate time of
commission of crime
7. Determination of place of commission of crime
8. Determination of presence of certain diseases

Process of Blood
Examination:
1. Determine whether the stain is due to blood
2. If due to blood, determine whether it is of
human origin or not. (Precipitin test)
3. If it is of human origin, to what group does it
belong?
(A, B, AB, O)
4. Does it belong to the person in question?
5. The manner, degree and condition of the
article,
which have been stained;
6. Age of stain

Pigment & Shape of Hair

Genetic factor in the Color of The

Skin

Features of the Skull & Bone

Height vs Age

Height vs Age

Age Factor & Stature

Pelvis Differences in Male &

Female

Skeleton Identification

The Romeo of your Life

Per Single Ejaculate

Genetic Factor in Color of the

Eyes

Sex Determination

Skin Color & Heredity

Fingerprint

Fingerprint

The Cell and Organelles

Blood Types

EEG Tracings

EEG Recording

Hair & Blood Stains in

Struggle

Medico-legal Documentation

Medico-legal Documentation

The Kuratong Saga

Violent Death in a Vehicular

Accident

Lightning Victim

Tattoo marks of the gangleader in Guatemala

Tattoo mark of gangleader in Guatemala

Tattoo mark of gangleader in Guatemala