Legal Framework and Ethical Considerations in Criminology

Legal Framework for Forensic Document Examiners

• Private practice of forensic specialists regulated by mandates, regulations, and compliance requirements
• Necessary qualifications and credentials for expert witness status must be identified

Ethical Considerations in Forensic Practice

• Maintaining professional integrity is emphasized
• Opportunities for professional growth include ongoing education, skill enhancement, and career advancement
• Forensic expertise is necessary for expert witness appearances

Criminology Profession in the Philippines

• Republic Act No. 11131 (Criminology Profession Act of 2018) mandates the legality of criminology practice
• Scope of practice (Paragraph c, section 5 of RA 11131) includes, but isn't limited to, acts or activities performed by criminologists.

Lawful Practitioners of Criminology

• Natural persons: Duly registered criminologists holding valid certificates of registration and professional identification cards issued by the board and commission.
• Juridical persons:
  • Single proprietorship whose owner and technical staff are registered criminologists
  • Partnerships registered with the Securities and Exchange Commission (SEC) as professional partnerships, majority of partners are registered criminologists
  • Corporations registered with the SEC in criminology and have officers and board of directors registered criminologists.
  • Associations and cooperatives registered with appropriate government agencies as non-stock corporations, with majority officers, board of trustees, and members being registered criminologists.

Seal Issuance and Use

• A seal is created and distributed by the Board through the APO
• Badge/pin with the seal image allows criminologists to demonstrate authority.
• Specific guidelines for seal use are issued by the Board

Required Professional Circumstances for Documents

• COR number and date of issuance
• Validity of the professional identification card (PIC)
• Professional Tax Receipt (PTR) number and date of issuance
• Membership number of the Association of Professional Organization (APO) with dates of payment
• Functions and mandate reasonably required by the board

Qualifications for Expert Witnesses

• Educational attainment
• Must comply with requirements in Section 5, 27, and 28 of Republic Act No. 11131
• Section 2, Article 1 and section 1 Article 2 of the PRB of Criminology, Resolution No. 10 series of 2023
• Expertise acquired through seminars, training, workshops, administered by recognized training institutions/organizations
• Specialized courses and research
• Experience in academia (teaching), and court appearances as expert witnesses

Forensic Examinations and Procedures

• Dealing with legal counsel, listening to their claims, but not solely relying on their arguments
• Request for services as a forensic examiner
• Preparation of a reply or contract outlining service fees and conditions
• Submission of questioned documents, standards documents, indicating all sample types
• Scientific examinations are processed as determined needed
• On-site examination requiring a letter from legal counsel for submission. Court order via subpoena if refused
• Conduct examinations, documenting findings and submitting reports to clients

Court Procedures for Expert Witnesses

• Court opening, prayers, call case and appearances
• Expert testimony presentation (evidence, qualification as expert, cross examination)
• Preparation of appropriate affidavits to be submitted to the court
• Presenting in Court based on knowledge and experience
• Addressing attorneys and judge appropriately

FQDE Report

• No standard format exists for questioned document reports
• Reports must create a good impression for the court
• Report includes details such as date received, case name, requesting party, submitted specimens, examination purpose, methodology, findings, conclusions, etc

Expert Testimony Preparation and Conduct

• Review of QDE concepts and principles (confidence in the expert's opinion and knowledge)
• Consultation with legal counsel (trial preparation and evidence)
• Gathering necessary materials and documents (e.g., copy of FDQE report, original documents, affidavit)
• Proper courtroom conduct (appropriate attire, arriving on time, confidence, proper communication, answering questions clearly, and logically)