FORENSIC CHEMISTRY AND TOXICOLOGY

MODULE 1

INTRODUCTION TO FORENSIC
CHEMISTRY AND TOXICOLOGY

Introduction

This module tackles how forensic science particularly forensic chemistry developed in the
Philippines. Similarly, this module includes the rules in the practice of forensic chemistry.
Moreover, forms of scientific evidence are also discussed as well as the difference between an
ordinary and expert witness.
 As you journey on this lesson, you are expected to:

Know the protocols in the practice of forensic

chemistry as used for scientific criminal
investigation Learning
Outcome

Learning objectives:

1. Enumerate and explain the Six Golden

Rules in the practice of forensic
chemistry.
2. Differentiate expert and ordinary
witness.
3. Define the different forms of scientific
evidence as used in the courts of law.
 Content exploration
Are you ready for today’s lesson? This time, you are tasked to read the succeeding texts
and able to comprehend it well.

LET’S DISCOVER!!!!!!!
But before we go further with our lesson, answer first your pretest for your teacher to
evaluate how much information you have on hand about this topic.

PRETEST:
1. He was considered to be the Father of Filipino Chemists. 1.____________
2. That special branch of chemistry applied in the elucidation of legal problems 2.____________
3. A kind of evidence based on what the witness has seen, heared, smelled, 3.____________
touched or tasted.
4. The evidence that “ speaks for itself” 4,____________
5. A witness who can testify on things which he has not seen by giving his 5.____________
opinions, deductions or conclusions.

Now, we will go to our discussion proper.

FORENSIC CHEMISTRY is defined as that branch of chemistry that deals with the application
of chemical principles in the solution of problems that arise in connection with the
administration of justice. It is the chemistry applied in the elucidation of legal problems.

SCOPE OF FORENSIC CHEMISTRY: this branch of study is a wide and diverse field. It includes
the chemical side of any criminal investigation and also the analyses of any material whose
quality may give importance to legal proceedings. Forensic chemistry invades other branches of
forensics including legal medicine, ballistics, questioned documents, dactyloscopy ( fingerprint)
and photography.

DEVELOPMENT OF SCIENTIFIC CRIME LABORATORY IN THE PHILIPPINES

The development of scientific detection is comparatively recent
although the aspect of police work has long been exploited in fiction,
notably by Conan Doyle’s creation, Sherlock Holmes. Scientific crime
detection as such maybe well described as owing its birth from to the St.
Valentine massacre which occurred in Chicago,Illinois on Feb 14, 1929. A
group of public minded individual was responsible for the establishment of
a scientific crime laboratory in that city which today has taken in the
historical annals of police science.
In the Philippines, the first public recognition of the value of science in
the proper administration of justice was made when the position of
“Medicos Titulares” was created in the Philippines by virtue of the Royal
Degree No.188 of Spain dated March 31, 1876. For every province, a
forensic physician was assigned to perform public sanitary duties and at the
same time medico legal aids in the administration of justice. On December,
15, 1884, Gov. Joaquin Javellar created a committee to study the mineral
waters of Luzon and appointed Anacleto del Rosario as chemist. Realizing
the importance of this work, the government established in Sept 13, 1887
the “Laboratorio Municipal De Manila” under the inspection of the
“Direccion General de Administration Civil” and the “ Gobierno de
Provincias”. The functions of the laboratory were to make analysis, not only
for food, waters and others from the standpoint of public health and legal
medicine, but also of specimens for clinical purposes. Anacleto del Rosario
was appointed director after a competitive examination in June 17, 1888.
At present, there are four distinguished laboratories in the Philippines
performing forensic chemical analyses, namely, the Forensic Chemistry
Division of the NBI, the C.I. Laboratory of the Manila Police Department,
the C.I.D. laboratory of the Philippine Constabulary and Camp Crame Crime
Laboratory of the PNP.

Now, let us discuss about evidences…

 SCIENTIFIC EVIDENCE
What is scientific evidence? It is defined as the means
sanctioned by law, of ascertaining in a judicial proceeding the truth
respecting the matter of fact wherein scientific knowledge is necessary. It is
also an evidence based on or conforming to the principles and techniques
of science.
An investigator is a fact-finder, so he must know the laws concerning
the nature of his activities. He should obtain evidence in such a way that
the findings can be admitted in court and remain impregnable ( cannot be
planted) by any attack by the opposing counsel. An average investigator
must be in constant contact with various investigative and enforcement
agencies and he should learn to speak their language.

EVIDENCE- is a proof of allegation. It is a means sanctioned by law, of

ascertaining in a judicial proceeding the truth respecting the matter of fact.
( Sec 1, rule 128, Rules of Court).

PHYSICAL EVIDENCE- is any article or material which is found in connection

with an investigation which aid in establishing the identity of the
perpetrator or the circumstances under which the crime was committed or,
in general, assist in the prosecution of the criminal. It encompasses any,
and all objects that can establish that a crime has been committed or which
provide a link between a crime and its victim or a crime and its perpetrator.

Now, let us talk about the common types of evidences…

What are the common types of evidences?

1. Direct
2. Indirect or circumstantial evidence
3. Hearsay
 DIRECT EVIDENCE- which our senses can perceive. Any fact to which a
witness testifies based on what he/she saw, heard, smelled, touch or
tasted
INDIRECT EVIDENCE- a kind of evidence which seeks to establish a
conclusion by inferences from proved facts. It is an evidence which
establishes a fact or circumstance from which the court may infer
another fact at issue.

To illustrate this kind of evidence ( indirect or

circumstantial), let us assume that while a policeman was on a foot
patrol, he heard a scream from a house. He ran to the house and almost
immediately he saw a man coming out of the house holding a bloody
knife. The policeman placed the man under arrest and he entered the
house. Inside the house, he found a woman slumped to the floor in a
In this case, the
pool of blood with a stab wound in the breast.
only direct evidence to which the policeman can testify
would be that he saw the man come out of the house
holding a bloody knife. He cannot testify positively that
the man killed the woman yet the fiscal MAY seek to
ESTABLISH THE CONCLUSION THAT THE MAN WITH THE
KNIFE IS THE KILLER (by INFERENCE from the PROVED
FACTS AS TESTIFIED TO BY THE POLICEMAN.)

Circumstantial evidence is sufficient to produce

CONVICTION if there is MORE THAN ONE circumstance,
the facts from which the inference is derived are
proven, and the combination of All CIRCUMSTANCES is
such as to produce conviction beyond reasonable doubt.
 HEARSAY EVIDENCE is a statement made by a witness on
the authority of another and not from his own personal
knowledge or observation. Hearsay evidence is
inadmissible ( not admitted) in court EXCEPT for certain
well-defined exceptions. Some of the common
exceptions to the rules of exception generally applicable
for to hearsay evidence are: declaration against interest,
dying declaration, res gestae, reputation, public records
and statements made at prior time.

Aside from the common types of evidence, there are

what we call forms of scientific evidence, these are:

FORMS OF SCIENTIFIC EVIDENCE:

1. Real /autoptic evidence- evidence that is addressed to the
senses of the court. It is not limited to that which can be known by the sense of
vision but extends to those which can be perceived by the senses of hearing,
taste, smell or touch.

2. Testimonial evidence- a solemn declaration made orally by a

witness ( esp expert witness) under oath in response to an interrogation or
questioning of a lawyer.
An expert may be placed on a witness stand and answer all questions to
be propounded by BOTH parties in the case.

3. Experimental evidence- an evidence required from an expert

witness usually experiments to prove certain matter of fact. However, the court
is in its discretion to allow or not allow this kind of evidence.
 4. Documentary evidence- it is any written evidence presented
in court by an expert witness which is relevant to the subject matter in dispute
and NOT excluded by the Rules of Court. Examples of this kind of evidence are
formal written report, expert opinion, certificates and dispositions are included
in this classification of evidence.

If we talk of evidence, we cannot take away an

important TERM associated with it :
WITNESS
WITNESS is one who testifies in court and has personal knowledge or
experience of something. He/ she is a person, other than the suspect who is requested
to give information concerning an incident or about a person. A witness maybe a victim,
a complainant, an accuser, a source of information or simply an observer of an event. In
court, a witness can either be an EXPERT or an ORDINARY witness.

WHO and WHAT are ORDINARY and

EXPERT WITNESS??

An ORDINARY Witness is one who states facts and may NOT

express his opinions or conclusions. He/ she may testify to impressions of common occurrence
or experience such a speed of a vehicle, or whether a voice was that of a man or a woman or of
a child. Beyond this, his/her opinion is already limited.

According to the Rules of Court, an ordinary witness must have the

following qualifications:
1. He must have the power and organ to perceive.
2. The perception gathered by his organ can be imparted to others.
3. He does not fall in any of the exception provided by the law, Sec.26,
Rules 123, Rules of Court.
 An EXPERT witness is one who possess special skills be it in art,
trade or science or one who has special knowledge on matters generally known to men of
ordinary education or experience. He/she is a person skilled in some art, trade or science to the
extent that he/she possess information not within the common knowledge of man.

So, to sum up, the difference between ordinary and expert

witness are as follows:
1. An ordinary witness can state what his senses have perceived WHILE an
expert witness may state what he/she has perceived and can give his/her
opinions, deductions, conclusions to his perceptions.
2. An ordinary witness may not be skilled on the line he/she is testifying
WHILE an expert witness MUST be skilled in the art, science or trade he is
testifying.
3. An ordinary witness cannot testify on things or facts he has not perceived
except those provided by law WHILE an expert witness may testify on
things which he/she has not seen by giving his opinions, deductions or
conclusions on the statement of facts.

Is the testimony of an EXPERT WITNESS valuable?

PROBATIVE VALUE OF EXPERT TESTIMONY
Whether the courts are, or are not bound by the testimony of an expert,
depends upon he nature of the subject of inquiry. If the subject comes within the
general knowledge of the judge, the latter will not need or will not feel bound by
the conclusion of the expert as in the question of whether a document is genuine
as compared to a standard document is in issue. ( Paras vs. Narcisio, 35 Phil.244;
Dolor vs. Diancin, 55 Phil.479). NOTE: Many lawyers are good in document
examination.
 But if the subject of inquiry is of such a nature that a layman can have no
knowledge thereof, as in the case of parentage determination by blood test, then
the Court will be dependent on expert evidence.

In weighing the testimony of an expert, all the circumstances of the case

must be taken into consideration, among them are the following: (a) the degree
of the learning of the witness, (b) the basis and logic of the conclusion; and (c)
the other proof of the case.

One of the questions commonly asked by students in this subject is,

“WHO PRACTICE FORENSIC CHEMISTRY ?”

The ideal person to practice Forensic Chemistry is a Registered Chemist

but in the absence of a chemist, a person who has been trained relative to this
kind of work and has technical know-how and experiences will be possible.

THE WORK OF A FORENSIC CHEMIST IS DIVIDED INTO FOUR STAGES,

NAMELY:

1. Collection or reception of the specimen to be examined. As much as

possible, the chemist should be the one to collect the specimens that are
necessary for the examination. If it is done personally by the chemist,
nothing that is essential in the elucidation of the problem will be missed or
omitted, and in some cases no questions regarding the collection and
transit of the specimen will be raised during trial. Guiding principles must
be followed in the collection of the specimens as follows:
a. SUFFICIENCY OF SAMPLES. Police are not that inclined in taking samples
because they have that unqualified belief in the magic of that analytical
instrument such as the microscopes and spectrographs. This mistake
should be avoided. Collect samples as many as possible.
b. STANDARD FOR COMPARISON. On hand standard is needed if we are to
compare evidence in question. If the questioned evidence is found with
the presence of foreign substance, a sample of that foreign substance
must be submitted for analysis.
 c. MAINTENANCE OF INDIVIDUALITY. Individual sample or each sample
must be collected, preserved and maintained in separate containers.
Avoid mixing and intermingling of unknown to known samples.
d. LABELLING AND SEALING. Any evidence will have no value in court
inspite of the good report of the expert if the specimen itself cannot be
identified or cannot be named or has no label. Always consider the
possibility of tampering so extra effort must be observed to avoid this
possibility.
2. The actual examination of the specimen. The first step in the examination
of an article is to scrutinize it carefully and write down in the laboratory
notebook all the descriptions of its external appearance including the
manner in which it is secured and the particular of its sealing.
3. Communication of the results of the examination. Examination results will
be communicated to the requesting party in the form of a written report
which must include an enumeration of the articles received for examination
with detailed description of the packing, sealing and labelling, date of
receipt and whom received, the purpose of the examination, the findings
and the conclusion. The findings should include a brief but sufficient record
of all significant facts noted during examination.
4. Court appearance. The written report of the chemist is usually
supplemented at a later date by oral evidence is brought to the Court or at
Fiscal’s office. In court appearance, the witness MUST be composed and as
much as possible avoid being irritated by the upbraiding of the opposite
counsel.
As Brouardel said, “ If the law has made you a witness, remain a Man
of Science. You have no victim to avenge, no guilty or innocent person to
ruin or save. You must be a witness within the limit of Science.”

If God has laid down the TEN COMMANDMENTS,

there are also 6 GOLDEN RULES to be followed in the
practice of Forensic Chemistry. These are the ff:
1. Go slowly. Good work cannot be hurried, therefore take all the time
necessary to make the case complete, no matter how urgent it may
appear or how pressing others maybe of the result; it is generally
possible to adjourn a case if the work cannot be finished in time.
2. Be thorough. Make a careful and detailed examination of everything
and do not be satisfied with a qualitative analysis if a quantitative one is
possible. It is always better to do much than to do too little because it is
difficult to foresee what will or will not be asked or required in the
Court.
3. Take notes. Keep a full, neat and clear record of everything seen and
done.
4. Consult others. An expert is also a human and the number of cases
he handle would lead the expert into paths with which he is not familiar,
and when this happens he should consult others who most likely know.
5. Use imagination. This somewhat hazardous advice, since an expert with
a vivid and uncontrolled imagination is the most dangerous person.
However, a disciplined and controlled imagination enables inferences
and deductions to be made from slender and incomplete premise is
often useful.
6. Avoid complicated theories. “ The simpliest explanation is usually the
right one.”

In the investigation of crimes, whether crime against person or

property, or even crimes against state, PHYSICAL EVIDENCE is one of
the most important factors that should be given special attention. The
prosecuting fiscal may win or lose a case based on the physical
evidence presented to him by the investigator. It is probably the most
damaging evidence which can break down the hardened criminal.
Unlike testimonial evidence, physical evidence will not tell a lie.

Now, always remember that the value of these evidences is

lost as far as the prosecutive value is concerned. Some of the
primary reasons that may lead or contribute to disaster are
the following:
1. Improper packing of the specimen
2. Failure to identify the specimen
3. Improper precautions used in transmitting the specimen
4. Improper preservation
5. Lack of precaution to prevent tampering of the specimen

REMEMBER THAT: In most cases, the investigator may mishandle

the specimen without intention. He commits mistakes neither due
to sheer negligence nor thoughtfulness but rather due to ignorance
of the proper method of handling physical evidence. Sometimes
these errors occur because the investigator is so much occupied
with the investigation and he has no time to take proper care of the
specimen. He thus turns over the specimen to a clerk who takes
charge of the packing and shipping of them. It is quite
heartbreaking if after spending laborious hours gathering these
physical evidences, they become lost because of improper packing.

Now that you read the contents of this

module, you are expected to answer the
following exercises. Please answer them with
sincerity.

TRY THESE!
Direction: Do the task below and write your answer
briefly and concisely. Use ball pen with
blue ink only with your own handwriting.
1. Enumerate the 6 Golden Rules in the practice of forensic chemistry and
explain each in your own words.

2. Differentiate ordinary witness from an expert witness

3. Define each of the four forms of scientific evidence in your own words.
 REFERENCES

1. Delizo, D.G. (2015). Criminalistics Review Material, Prudence

Research and Review Center, Baguio City, Crimzone Enterprises
2. Urbano, A.A. (2008). 8th Ed. Forensic Chemistry and Toxicology,
Wiseman’s Book Trading, Inc., Quezon City
3. Cruz, N.M. Jr. Forensic Chemistry Lecture Guide, Philippine College
of Criminology and National Bureau of Investigation
4. The Forensic Chemistry Faculty (2005). Forensic Chemistry
Laboratory Manual, Natural Science Department, University of
Iloilo,C& E Publishing House

Prepared by:

REJIE G. FRONDA, LPT,CCS, MAEd-Sci Candidate