CHAPTER I
INTRODUCTION
"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 bear
witness within the limits of Science."
-Paul Brouardel-
1837-1906
Forensic Chemistry is defined as that branch of Chemistry which deals with
application of chemical principles in the solution of crimes. Like the other
forensic sciences, Forensic Chemistry plays a very important part in the
speedy investigation and in the administration of justice. It is well-settled
that this Science has an advantage over extracted confessions, eyewitnesses
and other circumstantial evidence. Thus, it is regarded as the highest form of
uncontestable and conclusive piece of evidence with the utmost legal
significance.
The value of the findings of a Chemist in convicting the guilty, as well as in
clearing the innocent suspect, has long been recognized not only in the
criminal investigation and detection but also in courts of law. The Forensic
Chemist is often called to render testimony in court.
Scope
Forensic Chemistry is the Science that deals with the study and application of
chemical principles in the solution of problem that arises in connection with
the administration of justice.
This Forensic Science deals with with application of Chemistry in the
identification of evidence, its physical and chemical properties. It also
includes the collection, preservation, examination and study of blood, semen,
and other body fluids; examination of dangerous drugs; examination of body
fluid to determine the presence of dangerous drugs; alcohol (liquor) test;
examination of fake products for unfair trade competition; arson
investigation; macro etching examination; trajectory; ultraviolet examination;
tools and other marks; gunshot residues (gunpowder nitrates, paraffin test;
distance determination; and firearms examination); and principles and
examination of explosives, hair and textiles fibers; chemical aspects of
document and examination; problems on glass fragments and glass fracture,
moulage, metallurgy and petrography as applied to crime investigation.
Forensic Chemistry also includes the study and examination of
Deoxyribonucleic acid or DNA for brevity.
On the other hand, Forensic Toxicology deals with examination of human
internal organs, food samples and water and gastric contents for the purpose
of detecting the presence of poisonous substance, its dosage, effects, and
treatment.
Practice of Forensic Chemistry
The work of a Forensic Chemist is divided into four stages, namely:
1. Collection or reception of the specimen
2. The actual examination
3. The communication of the results of the examination
4. Court appearance.
Collection of the specimen to be examined
The proper transportation of specimens are essential in the collection,
preservation and investigation of a crime. Hence, whenever possible, the
chemist should personally collect all the specimens necessary for the
examination. This particular stage of a Forensic Chemist's work is essential
as questions regarding the collection, preservation and transportation of the
specimen are are raised during the trial.
Factors that must be considered when collecting specimen
a.Sufficiency of Samples
As much as possible, the investigator should collect sufficient amount of
specimen for examination This will make the Chemist confident that in case
of doubtful result, he or she can still have enough samples to repeat or to
proceed to the succeeding examinations.
b. Standard for comparison
When the evidence in question is located in or added with the foreign
substance, a sample of such instance, if blood is found on linoleum, a sample
of the foreign substance must be submitted for analysis. For unstained
linoleum must be submitted together with trade competition, a genuine
sample must be submitted the stained portion. In cases of adulteration or
unfair for comparison. In the examination of hair, textile fiber. Soil, etc.,
standard samples must be submitted for comparison.
C. Maintenance of Individuality
Each piece of evidence must be collected and preserved as a separate
sample. There must be no mixing or intermingling of specimen/s collected
from different locations, as well as those of standard specimen/s.
d. Labelling and Sealing
It is a well-settled rule that evidence will have no value in court in spite of
the good report of the expert if the specimen cannot be identified by reason
of improper labelling. Hence, each sample must be labelled properly. Small
fragments should be enclosed in proper specimen boxes/container and the
boxes should be sealed. The label should include information concerning the
nature and source of the sample, date and time of collection, case number, if
any, and name of the person collecting the sample.
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 logbook/record book a complete description of
the external appearance including the manner in which it is secured and the
particulars of the sealing. If possible take a photograph of the specimen
including the inner wrappings and take note of its descriptions. A detailed
description of the appearance of the contents of the package should be
noted and recorded. All wrappers should be kept and preserved since
questions concerning them may be raised in court during trial.
The second step in the examination is to measure or weigh the object and all
measurements and weights logbook/record should be entered in the
laboratory book. The specimen should then be placed in the proper container
or wrapper and must be kept in the proper evidence room.
The third step is the laboratory examination which consists of the chemical,
physical, and confirmatory tests.
Communication of the results of the examination
The results of the examination conducted should be communicated with the
requesting party in the form of a written report which must include an
enumeration of facts on the specimen received for examination with detailed
description of the packaging, sealing and labelling, date of receipt eipt and
and from from whom whom it was received, the purpose of the examination,
the finding and conclusion.
Court Appearance
The written report of the Forensic Chemist is usually supplemented by
testimonial evidence in a later date if the case is brought to court or the
fiscals’ office. Since the testimonial evidence may be given weeks, months or
even years after the examination and the written report have been made, it
is not only permissible but indispensable that the chemist should refresh his
memory by referring to his laboratory record book before presenting himself
in court.
Role of Forensic Chemist in the Scientific Investigation
A Forensic Chemist, as a man of science, performs laboratory examinations
on physical evidence submitted to the crime laboratory in order to expedite
the investigation of a crime by the the investigating party. He/she has the
following responsibilities:
1. Conducts qualitative and quantitative determination of abused drugs
as well as volatile substances.
2. Conducts chemical examination of explosives and/or explosive
ingredients.
3. Conducts examination of paraffin cast and firearms to determine the
presence of gunpowder nitrates.
4. Conducts gunpowder examination on clothing for possible gunshot
range.
5. Conducts chemico-toxicological examination of human internal organs,
gastric contents, blood, water, food sample and other substances.
6. Conducts examination of fake products in cases of unfair trade
competition.
7. Conducts blood alcohol determinations.
8. Examines urine samples and other body fluids for the presence of
abused drugs.
9. Conducts researches related to cases being examined.
10. Testifies and gives expert opinion in court.
11. Giveslectureson Forensic Chemistry and Chemical-toxicology to
various schools, universities, police training centers and investigating
units.
12. Responds to queries of all investigating units and render expert
opinion on matters related to the application of chemical principles for
the purpose of assisting investigators to develop investigative leads.
Six Golden Rules in the Practice of Forensic Chemistry
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.
2. Be thorough
Make careful and minute examination of everything and do not be
satisfied with a quantitative analysis if a quantitative one is possible. It
always pays to do too much rather than too little and it is difficult to
foresee what will or will not be required in court.
3. Take Notes
Keep a full neat and clean record of everything seen and done.
4. Consult others
Many cases will lead the expert into paths with which he is not familiar
and when this happens he should consult those who know better.
5. Use imagination
An expert with a wide and uncontrollable imagination is considered as the
most dangerous creature. Though his being imaginative is sometimes useful,
an expert witness does not have to be solely imaginative but he has to be
skilled in the field of Forensic Science. He must bear witness within the limits
of science.
6. Avoid complicated theories
The simplest explanation is fundamentally the right one. Interpretation
of results is often the most difficult part of the expert's task that is why
a wide knowledge and scientific experience are the essential elements
to obtain the right forensic examination results.
Equipments used in the Forensic Examination
The following are some of the most common laboratory equipments
used in forensic examination:
1. HPLC (High Powered Liquid Chromatography)
This scientific equipment is used for the qualitative and quantitative
determination of a volatile or non-volatile compound based on the
chromatographic chromatogra separation components. Its
2. Ultra-Violet spectrophotometer
It is used for the qualitative and quantitative analysis of organic
compounds.
3. EMIT (Enzyme Multiple Immuno Assay Technique)
It is used for screening of abused urine samples.
4. SEM (Scanning Electron Microscope)
A used This scientific equipment is used for the physical identification
of various questioned specimens. It is a software-controlled digital
scanning electron microscope to produce sticking images over wide
range of magnification (3x3,000,000x) on rough or covered surface of
minute specimen such as hair, fibers, paint particles, drugs, metal, etc.
5. FTIR (Fourier Transform Infrared Spectroscopy)
Used for the identification of pure organic substances. It identifies
organic substances particularly abused drugs and explosive ingredients
based on their characteristic functional groups. In layman’s term the
resulting spectrum could be referred to as the fingerprints of the
substance.
CHAPTER 2: PRESERVATION AND SAFEKEEPING OF EVIDENCE
The following are the guidelines in the proper preservation and
safekeeping of evidence:
1. Proper chain of custody shall always be observed.
2. All examined pieces of evidence (drugs and other paraphernalia,
explosives, firearms, etc.) shall be personally turned over over by
the examiner on case to the evidence custodian. The latter, in turn,
shall execute its documentation by recording all received as well as
released evidence for court presentation. No examiners shall keep
in their possession evidence once examined.
3. Evidence shall be properly placed in suitable dry containers for
proper preservation and shall be placed inside the concrete
evidence room.
Firearms evidence shall be kept in a separate evidence room especially
designed for the purpose. However, hazardous evidence such as
explosives and other inflammable evidence are photographed after
examination with its corresponding case number before turning it over
to Explosive Ordnance Disposal Unit (EODU) with proper receipt for
safekeeping or proper disposal.
CHAPTER 3: DEVELOPMENT OF SCIENTIFIC CRIME LABORATORY IN THE
PHILIPPINES
February 14, 1829- Massacre occurred in Chicago. Then a group of
public-minded individuals was responsible for the establishment of a
scientific crime laboratory in that city which today has marked its place
in the historical annals of police science.
March 31, 1876 - Creation of “Medicos Titulares” by virtue of Royal
Decree No. 188 of Spain. For every province, a Forensic Physician was
assigned to perform public sanitary duties and at the same time
provide medico-legal aids to the administration of justice.
December 15, 1884- Governor General Joaquin Javellar created a
committee to study the mineral waters of Luzon and appointed
Anacleto del Rosario as chemist.
September 13, 1887- Establishment of "Laboratorio Municipal de
Manila" under the inspection of the "Direccion General de
Administracion Civil and the control of the "Gobierno rno de
Provincias". The function th the laboratory was to make analysis not
only on water and others from the standpoint of public health and legal
medicine but also of specimen for clinical purposes.
1894 - “Laboratorio Medico-Legal” was created under the dependency
of the judicial branchdef the Junctioning government and the
laboratory functioning direction of a physician and assisted by a
pharmacist chemist.
“Laboratorio Medico-Legal”
1895 - Antonio Luna established a clinical laboratory where some
original works in chemistry were done. Unfortunately, all prospects of
the advancement of the scientific laboratories were paralyzed as a
result of the revolution in 1896.
1899 - The first scientific laboratory was established in a small building
on the banks of Pasig River with Lt. R.P. Strong of the US Army in
charge.
“The first scientific laboratory was established in a small building on
the banks of Pasig River with Lt. R.P. Strong of the US Army in charge.”
1901 - Actual scientific work began under the approved by the Civil
Commission. Initiative of Dean C. Worcester by virtue of Act No. 156
July 01, 1901 - The Bureau of Government Laboratories was created for
the purpose of performing biological and chemical examinations as
well as for the production of vaccines and sera.
March 11, 1915 - The Department of Legal Medicine was created
pursuant to the resolution of department took charge of the Board of
Regents Regents. The the courses of legal medicines and its branches
in the College of Medicine and Law.
October 14, 1924 - Through the passage of Act No. 3043 by the
Philippine Legislature, the same Department of Legal Medicine became
a branch of the Department of Justice and at the same me time time
an integral part of the University of the Philippines.
December 01, 1937-The “Division of Investigation” was created under
Commonwealth Act No. 181 with two medico-legal officers and a
chemist. The Medico-Legal Section of the Division of Investigation
started the definite movement towards the creation of scientific crime
detection laboratory.
September 1945 - The National Bureau of Investigation (NBI) was
organized with the Division of Investigation as the nucleus. The
chemical laboratory of the Medico-Legal Section was expanded into a
Forensic Chemistry Division.
At present, we have the:
1. Philippine National Police (PNP) Crime Laboratory and
2. The National Bureau of Investigation (NBI) Laboratory.
Crime Laboratory , also called forensic laboratory, facility where
analyses are performed crimes or, sometimes, civil generated on
evidence ime laboratories can investigate physical, and often chemical,
biological, or digital evide employ specialists in a variety of disciplines,
including plogy, eforensic pathaliensic and ballistics. Many crime labs
are publicly funded and administered anthropology, crime-scene
investigation, and by federal, state or provincial, or local government,
although there are a growing number of private labs that specialize in
fields such as drug analysis and DNA fingerprinting.
CHAPTER 3: SCIENTIFIC EVIDENCE
Evidence, defined.
Evidence is a proof of allegation, it is a means sanctioned by law of
ascertaining in a judicia v of ascertaining in a judicial proceeding the
truth respecting a matter of fact (Sec Rule 128, Revised Rules On
Evidence).
Corollary thereto, scientific evidence may be defined as the means
sanctioned by law, of ascertaining in a judicial proceeding the truth
respecting a matter of fact, wherein scientific knowledge is necessary.
Such scientific evidence must have fact in issue as to induce belief in
its existence or non-ust have such a relation to the existence.
Evidence on collateral matters shall not be allowed except when it
tends in any reasonable degree to establish the probability or
improbability of the fact in issue.
Evidence may be (a) direct; (b) indirect, which includes circumstantial
evidence; and (c) hearsay.
(a) Direct evidence is that which the senses perceive. Any fact to which
a witness testifies based on what he saw, heard, smelled, touched
or tasted, is direct.
Crimes are done secretly. Usually the perpetrator seeks darkness
and remoteness in order to cover his misdeeds and in most cases,
no witness is present at the scene of the crime, or even if there
is/are witness/es, he/they are not willing to testify. The necessity of
resorting to other means of proof is essential Hence, is necessary to
use all other available modes of procuring evidence in order to
establish and prove a case in court.
(b)Circumstantial evidence is a kind of evidence which seeks to
establish a conclusion by inferences from the facts proven.
Illustrative case:
While a policeman was patrolling, he heard a scream from a house.
He immediately proceeded to the house and then and there, he saw
a man coming out of the house carrying a bloody knife. The
policeman arrested the man and subsequently entered the house.
There he saw a female cadaver lying on the floor with a stab wound
on the breast.
In this case, the only direct evidence to which the policeman can
testify would be to the fact that he saw the man with a bloody knife
coming out of the house where the scream came from. The
prosecutor may establish a conclusion that the man with the bloody
knife is the criminal by inference from the facts testified to by the
policeman.
Under the present law, circumstantial evidence is sufficient for
conviction if:
(a) There is more than one circumstance;
(b)The facts from which the inferences are derived are proven; and
the combination of all the circumstances is such as to produce
conviction beyond reasonable doubt.
c) 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 except on the following:
1. Dying declaration
2. Res gestae
3. Declaration against interest
4. Act or declaration about pedigree
5. Family reputation or tradition regarding pedigree
6. Common reputation
7. Part of res gestae
8. Entries in the course of business
9. Entries in official records
10. Learned treaties, and
11. Testimony or deposition at proceeding. A former
Forms of Scientific Evidence
(a) Real or Autoptic evidence is that evidence which 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 are perceived by the senses of
hearing, taste, smell or touch.
(b)Testimonial Evidence – An expert may be called on the
witness stand to answer all questions propounded by both
parties in the case.
Documentary evidence Any written evidence presented by an
expert in court which is relevant to the subject matter in dispute
and not excluded by the Rules of Court. Formal written report,
expert opinion, certificates and dispositions are included in this
group.
The investigator is a fact finder. It is basic that he must know the
laws concerning the nature of his investigation. He should procure
evidence in such a way that the findings can be admitted in court
and remain impregnable against any attack by the opposing
counsel. He should be in constant contact with various investigative
and enforcement agencies.
CHAPTER 5: WITNESS
Witness defined.
A witness in court may be an ordinary or expert witness.
Under the law, an ordinary witness must have the following
qualifications:
He must have the organ and power to perceive.
Perceiving can make known his perception to others.
He does not fall in any of the exception provided for by law, 123
Rules of Court.
The opinion of a witness regarding a question of science, art or
trade, where he is skilled therein, may be received in evidence.
This kind of evidence is called the testimony of an expert witness.
Distinctions between an Ordinary and an Expert Witness
ORDINARY WITNESS
1.Can only state what his senses have perceived.
3. May not be skilled on the line he is testifying.
3.Cannot testify on things or fact he has not perceived except those
provided for by law.
EXPERT WITNESS
1.State what he has perceived and also give his opinion, deductions
or conclusions to his perception.
2. Must be skilled in the art, science or trade he is testifying.
3.Testify on things which he has not seen by giving his opinions,
deductions or conclusions on the statements of facts.
Probative Value of Expert Testimony
Whether courts are or are not bound by the testimony of an expert
depends upon the nature of the subject of inquiry. 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. For instance,
when the subject of inquiry is genuineness of a handwriting as
compared to a standard. (Paras v. Narciso, 35 Phil. 244; Dolor v.
Diancin, 55 Phil. 479) However, when the subject of inquiry is of
such a nature that a layman can have no knowledge thereof, as for
instance, the determination of parentage through DNA
(Deoxyribonucleic acid) test, the court must depend on the result of
the examination of an expert.
Qualifications of an Expert Witness
(a) The degree of learning of the witness;
(b)The basis and logic of his conclusion; and
© the other proof of case. (U.S. v. Tiono 3 Phil 213; Samson v.
Corrales Tan Quintin, 44 Phil 573).
CHAPTER 6:
Drug defined.
Drug is a chemical substance that brings about physical, physiological,
behavioral and/or psychological change in a person taking it.
All medicines are drugs, but not all drugs are medicine drug.
Medicinal Drugs
A substance which when taken into the human body cures illness and/or
relieves signs/symptoms of disease.
Dangerous Drugs
A substance affecting the central nervous system which when taken into the
human body brings about physical, emotional or behavioral changes in a
person taking it.
Drug Abuse
Any non-medical use of drugs that cause physical, psychological, legal,
economic, or social damage to the user or to people affected by the user’s
behavior.
Abuse usually refers to illegal drugs but may also be applicable to drugs that
are available legally, such as prescribed medications and certain over-the-
counter medications.
CLASSIFICATION OF DRUGS
According to origin:
a. Natural Drugs
Metabolic products of plants and other living systems re active ingredients,
secondary that may be isolated by extraction.
Examples:
Raw opium Marijuana
Coca bush
b. Synthetic Drugs
Substances, synthesized in the laboratory for the are artificially produced
illicit market, which are almost wholly manufactured from chemical
compounds in illicit laboratories.
Examples:
Methamphetamine Barbi Barbiturates
According to Legal classification:
a. RA 9165 (Comprehensive Dangerous Drug Act of 2002)
b. PD 1619 (Volatile Substances)
c. RA 6425 (Classified as: Regulated and Prohibited)
The Under RA 9165, otherwise known as Comprehensive Dangerous Drugs
Act of 2002, the term prohibited and regulated was changed into dangerous
drug with the following classification:
A chemical substance 1. Immediate precursors used in the clandestine
manufacturing process becomes incorporated in full or in part into the final
molecules of a substance under international control.
2. Essential chemicals chemical substance used as reagent or solvent in the
illegal manufacture of controlled substances.
4. Narcotic, psychotropic and designer
According to International Classification:
a. Narcotics substance
b. Psychotropic substances
c. Designer drugs
According to Pharmacological Classification (Effects):
a. Stimulants
b. Hallucinogens
c. Depressants
d. Inhalants
STIMULANTS – are drugs which increase alertness of physical disposition
Example:
Amphetamine
Street Name:
Eye opener, lid poppers, pep pills, uppers, hearts
What it is:
Reduces appetite Relieves mental depression Comfort fatigue and sleepiness
How Taken:
Orally as tablet or capsule
Effects:
General:
Wakefulness, increased alertness/initiative
Toxic:
From restlessness to coma and death
Dangers:
Dependence, overdose, violent/bizarre behavior
Example:
Shabu (Methamphetamine Hydrochloride)
Street Name:
Poor man’s cocaine, S, shabs, ubas, siopao, sha, ice
What it is:
White odorless crystal/crystalline powder with a bitter numbing taste
How Taken:
Ingestion, inhalation (chasing the dragon), sniffing, injection, smoked
Effects:
General:
Anxiety, irritability, irrational
Long Term:
Psychosis similar to schizophrenia, difficulty in concentrating. Loss of interest
in sex
Physical:
Chest pain, irregular heartbeat, hypertension, convulsion, death
Dangers:
Injection from contaminated needles may lead to risk of infections, phlebitis,
septicemia, AIDS, etc.
HALLUCINOGENS ENS
Thinking, self-awareness and emotion. Are drugs which affect sensation,
Changes in time and space perception, delusions (false beliefs) and
hallucinations may be mild or overwhelming, depending on dose and quality
of drugs.
Example:
Ecstacy
Street Name:
XTC, Adam, essence, E, herbals
How Taken:
Swallowing or inhalation
Effects:
Exaggerated emotions, makes HR and BP hike up, dries the mouth, stiffens
arms, legs, jaw; dilates pupils of the eyes, causes faintness, chills sweating
and nausea.
Dangers:
It can really kill!
Example:
Street Name:
LSD (Lysergic Acid Diethylamide)
Lucy in the sky with diamonds, wedding bells, acid, white sugar, lightning,
cubes, brain eaters
What it is:
A semi-synthetic alkaloid substance extracted from a fungus which grows on
rye, wheat, and other grains; odorless, tasteless, colorless
Effects:
Psychological:
Vivid hallucinations, confusion, blurring and distinction between conscious
and unconscious thought, etc.
Physical:
Dilated pupils, flushed face, increased BP, e etc.
Dangers:
May cause abnormal amount of breakage of chromosomes of WBCs that
carry genes, which may result to miscarriages and birth defects.
Example:
Marijuana
Street Name:
Mary Jane, Flower, pampapogi, brownines, daто, pot, tea, joint, Dope
What it is:
Comes from Cannabis Sativa L. (Indian hemp); looks like fine, green tobacco
How Taken:
Smoked in pipes/cigarettes; can be taken ten in food; made into candy;
sniffed in powder form; mixed with honey or butter
Effects:
Immediate: faster heartbeat, bloodshot eyes, dry mouth
Long Term:
chest pain, temporary loss of fertility, burn-out. cancer, marijuana
Dangers:
Slows down user's mental and psychomotor activities: long-term use may
lead to psychological dependence; may lead to cancer.
DEPRESSANTS - are drugs which depress or lower the functions of the
Central Nervous System
Types of Depressants:
Narcotics
stupor and relieve pain (Analgesics) (Hypnotics) or
Something that soothes, or causes a sensation of mental numbness
This includes Opium, Opiates, Heroin, Morphine, and Codeine
Tranquilizers - a substance that reduces anxiety, ease tension and relax
muscles.
Sedatives and Hypnotics tension and induce sleep. calm the nerves, reduce
Example: Barbiturates, alcohol
INHALANTS these are any liquid, solid or mixed substance that has the
property of releasing toxic (psychoactive) vapors or fumes.
Example: solvent, glue, gasoline, kerosene, paint, thinner, naphthalene.
What are considered Dangerous Drugs?
Human body brings about physical, emotional or central nervous system
which when taken into the Dangerous Drug is a substance affecting the
behavioral changes in a person taking it.
It is a substance which when taken into the human body alters mood,
perception, feelings and behavior.
Under Republic Act 6425, otherwise known as the Dangerous Drugs Act of
1972, dangerous drugs are classified into three (3) main categories, namely:
A. Prohibited Drugs
B. Regulated Drugs
C. Volatile Substances
A. Prohibited Drug, which includes opium and its active components and
derivatives, such as heroin and morphine; coca leaf and its derivatives,
principally cocaine; and beta eucaine; hallucinogenic drugs. Such as
mescaline, lysergic acid diethylamide (LSD) and other substances
producing similar effects; Indian hemp and its derivatives; all
preparations made from any of the foregoing; and other drugs and
chemical preparations, whether natural or synthetic, with the
physiological effects of a narcotic or a hallucinogenic drug (As
amended by B.P. 179 dated March 2, 1982).
B. Regulated Drug, which includes self-inducing sedatives, such as
secobarbital, Phenobarbital, pentobarbital, barbital, amobarbital and
any other drug which contains a salt or a derivative of a salt of
arbituric acid; any salt, alt, isomer or salt of an isomer, of
amphetamine, such as Benzedrine or Dexedrine, or any drug which
produces a physiological action similar to amphetamine; and hypnotic
drugs, such as methaqualone, nitrazepam or any other compound
producing similar physiological effects (As amended by PD No. 1683
dated March 14, 1980).
C. Volatile Substance, Liquid, solid or mixed substances having the
property of releasing toxic vapors or fumes or any chemical substance
which when sniffed, smelled, inhaled or Introduced into the
physiological system of the body produce/induce a condition of
intoxication, inebriation, excitement, stupefaction, etc.
Republic Act 9165, otherwise known as the Dangerous Drugs Act of 2002,
gives a single definition for prohibited and regulated drugs. The old law
defines the term “dangerous drugs” as pertaining to either “prohibited
drug” or “regulated drug”.
“Drug Dependence” – means a state of psychic or physical dependence,
or both, on a dangerous drug, arising in a person following administration
or use of that drug on a periodic or continuous basis.
Characteristics of Drug Dependency
1. Physical dependence – the body’s physical system changes until the
body needs that particular drug in order to function.
2. Mental or psychological dependence – a need of drug in order to feel
good, to get by or feel normal.
3. Idiosyncrasy or side effect.
“Use” – refers to the act of injecting, intravenously or intramuscularly, or
of consuming, either by chewing, smoking, sniffing, sniffing, eating,
swallowing, drinking, or otherwise introducing into the physiological
system of the bo body, any of the dangerous drugs.
“Sell” – means the act of giving a dangerous drug, whether for money or
any other material consideration.
Question:
What happens to confiscated, seized and surrendered dangerous drugs, dr
plant sources of dangerous drugs, controlled precursors precursors and
essential chemicals, instruments/paraphernalia and/or laboratory
equipment?
Answer:
The Philippine Drug Enforcement Agency (PDEA) shall have custody of all
dangerous drugs, plant
Ory equipment that are paraphernalia and/or laboratory and essential
chemicals as well as in present confiscated, seized and/or and/or
surrendered.
The apprehending team or the group in custody of the confiscated drugs
shall immediately prepare an inventory and photograph the items in the
presence of the accused or his counsel, a representative from the media
and the Department of Justice (DOJ) and any to the PDEA Forensic
Laboratory for examination. The Within 24 hoxaminer shall issue a
certification of the laboratory results.
Ocular inspection of the The court shall conduct an ocular confiscated
items within 72 hours after the filing of the criminal case. The PDEA shall
then destroy or burn the items in the presence of the accused, a
representative from media and DOJ, civil society groups and any elected
official. However, a representative sample shall be retained.
After the judgment has been rendered in the criminal case, the trial
prosecutor shall inform the Dangerous Drugs Board that the case has
been terminated and ask permission from the court to turn over the
representative sample to the PDEA.
CHAPTER 7: EXAMINATION OF DANGEROUS DRUGS
"Drug testing is a form of forensic testing. Drug test results issued should
be scientifically, legally and forensically defensible."
Drug Identification - is a branch of Forensic Chemistry that deals with the
scientific examination of drugs and volatile substances.
Drug identification is usually conducted by a forensic chemist/chemical
officer to determine the presence of dangerous drug submitted
specimens. The Forensic Chemist/chemical officer also conducts drug test
on body fluids of suspected drug pushers and users to determine the
presence of dangerous drug metabolites.
Paraphernalia like smoking pipes, tooters and aluminum foils should also
be submitted for examination to determine the presence of dangerous
drugs.
Forms of Dangerous Drugs
Capsules, liquid, powder, brick or decks of marijuana, Drugs are in various
forms. This includes tablets, crushed leaves and uprooted plants.
Examination of the sample taken from the alleged confiscated Dangerous
Drugs
Methods of Examination
1. Qualitative examination
2. Quantitative examination
Steps common to qualitative and quantitative methods:
1. Selection of method to be used
2. Physical test
3. Sampling
4. Sample preparation
5. Chemical test
6. Confirmatory examination
7. Calculation and interpretation of dates
8. Drawing of conclusion and writing report
Two phases in the examination of the alleged confiscated Dangerous
Drugs
1. Screening test/Preliminary test (also known as the color test)
This test is nonspecific and preliminary in nature. It is employed to reduce
the family or group of drug to a small and manageable number.
Screening test includes a series of color tests producing characteristic
colors for each family or group of drugs. This is done by adding specific
reagent to unknown sample in a spot plate.
Screening test is quite simple to perform even by investigators in the
field. As a matter of fact, field tests using these techniques are being
taught in Narcotics Investigation Courses. Test reagents and basic
apparatus are commercially available.
Color Reactions:
Upon addition of specific reagents to a sample of dangerous drugs, a
specific color reaction is produced such as:
Cannabis:
Duquenois-Levin
= violet
Cocaine:
Fast Blue B salt
= purple red
Cobalt Thiocyanate test
Or CT test
Scott test or Modified
= blue
CT test:
Reagent 1 = blue
Reagent 2 = pink
Reagent 3 = blue
Wagner test = brown (specific test for cocaine)
Diazepam:
Zimmerman test reddish purple or pink
(some benzodiazepine derivative do not give color with this test)
Hydrochloric acid = yellow Vitali-Morin test
Yellow orange
Opium:
Marquis
= violet
Ferric Sulfate
= Brownish purple
Mecke
= Blue to green
Nitric acid
= Orange to red to yellow
Morphine:
Marquis
= Violet to reddish purple
Codeine:
Mecke Nitric acid
= Blue to green
= Orange to yellow
Heroin:
Mecke
= Blue to green
Nitric acid
= Yellow to green
Dille-Koppanyi test = reddish purple (for barbiturates)
Methamphetamine Hydrochloride:
Simon test
= Blue
Marquis test
= Orange to brown
Ecstacy:
Simon test
= Blue
Methaqualone and Phencyclidine:
CT test
= blue
Lysergide or LSD: Ehrlich
= violet
Mescaline:
Marquis test Liebermann
Orange = black
Note:
It must be noted that Positive results of these tests are not conclusive, as
there are substances that may give same positive color or reaction/s upon
addition lence, confirmatory tests must the specific reagents. Hence, on
case to establish the presence and identification of be performed by the
Forensic Chemist/Chemical officer dangerous drug. It must also be noted
that specimens that yielded presumptive positive results are that only
those positive result of the screening test is really positive.
2. Confirmatory Test
Confirmatory test is the method employed to confirm the results of the
screening/preliminary test. This test involves the application of an
analytical procedure to identify the presence of a specific drug or
metabolites. This is independent of the screening test and which uses
techniques and chemical principles different from that of the initial test in
order to ensure reliability and accuracy.
There are several methods used in the confirmatory test. Some of these
methods are:
Chromatography - is the process of separating mixture and comparing the
migration of each component with standard. Some chromatographic
techniques include:
Gas chromatography
Thin Layer chromatography
High-Pressure Liquid chromatography
What is a GAS Chromatography?
It is a separate technique
The mobile phase is a gas
Separation is based on the difference in migration rates among sample
components.
Spectroscopy a confirmatory method whereby light is used to identify the
sample specimen.
Fourier Transform Infrared Spectroscopy (FTIR) -pure organic substances.
Used for the identification of pure
Identifies organic substances particularly dangerous s and explosive
ingredients based on their drugs characteristic functional groups. The
resulting spectrum fingerprints of of the substance. S In layman’s term,
could be referred to as the
Ultraviolet-visible spectroscopy – Used for screening of dangerous drugs in
urine specimen.
Examination of the Urine Specimen
The rate of excretion from the body depends on the drug’s solubility in fat.
Water soluble drugs (such as cocaine) are excreted excreted quickly, while
fat soluble drugs (such as marijuana) may take several weeks or months
before excretion.
Drug test must be conducted to apprehended individual/s who is/are
suspected to be a user/s; and to those who are charged with the offense
of “Illegal Use of Dangerous Drugs”.
Validity Test for Urine Specimen
Validity test is conducted to determine the integrity of the samples.
Reasons for Conducting Validity Tests
In cases of unobserved urine collection
When there is suspicion that the urine specimen has been tampered
Instances when to allow Unobserved Urine Specimen Collection
When donor is physically unable to go to the laboratory
When donor is involved in a crime scene
When donor is critically ill
Different Types of Tampered Urine Specimen
a. Adulterated
Substance that is not a normal constituent for that type of specimen or
containing an endogenous substance at a concentration that is not a
normal physiological concentration a specimen containing either a
b.
Diluted refers to a specimen with less than normal physiological
constituents
b. Substituted – a specimen which has been derived through
switching or replacement of the original sample.
Ways to Adulterate Urine Samples
Addition of salt
Addition of juice
Addition of detergent
Addition of bleach and other oxidizing adulterants
Addition of illicit drugs
Ways to Substitute a Urine Sample
Urine from friends or other persons not using drugs may be used as
substitute specimen
Replace sample with other substance similar to urine in appearance.
Ways to Dilute a Urine Specimen
a. Internal Dilution
Intake of plenty of water before collection or drinking of herbal tea, etc.)
(e.g. Int
b. External Dilution
(e.g. Addition of water to previously collected urine)
Parameters for Validity Tests
Initial Validity Tests:
Physical characteristics such as color, odor, etc
Volume
Temperature
PH
Specific gravity
Nitrites
Creatinine
Oxidizing agents
Confirmatory Validity Tests
Physical characteristics such as color, odor, etc.
Volume
Temperature
PH
Specific gravity
Nitrites
Creatinine
Oxidizing agents
Other Methods for Confirmatory Validity Tests
Physical characteristics-visually determined
Volume-same as physical characteristics
Temperature using thermometer
pH pH Meter calibrated with appropriate buffers
Specific gravity use a refractometer
Criteria in determining tampered urine specimen
a. Adulterated
pH: <3 or 11
Nitritrice 500.0 uglL Presence
Endogenous/exogenous substances (e.g oxidizing agents)
b. Diluted
*Sp. Gravity: <1.003
Creatinine: <1768.0 umol/ml
c. Substituted
Sp. Gravity: <1.003 or > 1.020
Creatinine: < 442.0 umol/L
pH <2 or > 9
or, etc.
When do we consider a Urine specimen as Invalid?
A urine specimen is considered invalid under the following circumstances:
Adulterated, substituted or diluted
Improperly collected, handled and stored
Improperly documented