CHAPTER 1

INTRODUCTION TO FORENSIC CHEMISTRY

Learning outcomes
At the end of this chapter, the student will be:

1. Understand and discuss the basic principles in the application of forensic chemistry in the
investigation of crime.
2. Demonstrate the proper collection of pieces of evidence related to Forensic Chemistry
3. Discuss and demonstrate the proper preservation of Forensic Chemistry related pieces of
evidence

CHEMISTRY

Chemistry is a science that deals with the composition, structure, and properties of
substances and with the transformations that they undergo. It includes the study of the
composition and chemical properties of a substance, chemical processes and phenomena
(as of an organism)

FORENSIC CHEMISTRY

The branch of chemistry, which deals with the application of chemical principles in
the solution of problems that arise in connection with the administration of justice. It is
chemistry applied in the elucidation of legal problems. It is chemistry used in courts of law.
It is Chemistry that belongs to the court of law. A Forensic Chemist is the one who
practices forensic chemistry.

DEVELOPMENT OF SCIENTIFIC CRIME LABORATORY IN THE PHILIPPINES

Significant events that shaped and developed scientific crime laboratory

procedures in the country:

 February 14, 1829 – Massacre occurred in Chicago. Then a group of public-

minded individuals were responsible for the establishment of a scientific crime
laboratory in that city which today has marked its place in the historical annal of
political 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 water 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 de Provincias”.
  1894 – “Laboratory Medico-legal” was created
 1895 – Antonio Luna established a clinical laboratory where some original works in
chemistry were done.

 1899 – The first scientific laboratory was established with Lt. R.P. Strong of the US
Army in charge.
 1901 – Actual scientific work began under the initiative of Dean C. Worcester

 July 01, 1901 – The Bureau of Government Laboratories was created.

 March 11, 1915 – The Department of Legal Medicine was created

 October 14, 1924 – the same Department of Legal Medicine became a branch of
Department of Justice and an integral part of UP.
 December 01, 1937 – The “Division of Investigation” was created under
Commonwealth Act No. 181 with two medico-legal officers and a chemist.

 September 1945 – The National Bureau of Investigation (NBI) was organized with
the Division of Investigation as the nucleus.

At present there are four (4) distinct laboratories in the Philippines performing
forensic chemical analyses namely:

1. Forensic Chemistry Division of NBI;

2. The Criminal Investigation Laboratory of the Manila Police Department
3. The Criminal investigation and Detection Laboratory of the Philippine
Constabulary; and
4. Manila Investigation Service Laboratory

PHYSICAL EVIDENCE

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

SCOPE OF FORENSIC CHEMISTRY:

1. It includes the chemical side of criminal investigation

2. It includes the analysis of any material the quality of which may give rise to legal
proceeding.
3. It is not limited to purely chemical questions involved in legal proceedings.
 4. It has invaded other branches of forensic sciences notably Legal Medicine,
Ballistics, Questioned Documents, Dactyloscopy, and Photography.

ROLES OF THE FORENSIC CHEMIST IN THE SCIENTIFIC CRIMINAL

INVESTIGATION:

The forensic chemist plays an important role in the scientific criminal investigation.
He may be called upon to aid an investigation in:

a) Determining whether or not a place / location is a clandestine laboratory

b) Examination of marked bills / suspects during entrapment (extortion case)
c) Taking Paraffin Cast

FOUR STAGES OF WORK OF A FORENSIC CHEMIST

1. Collection or reception of the specimen/evidence for laboratory Examination a.

sufficiency of sample b. standard for comparison c. maintenance of individuality d.
labeling and scaling
2. The actual examination of specimen
3. Communication of the result of examination
4. Court Apparatus

PRIMARY REASON WHICH MAY CONTRIBUTE TO THE DISASTER OF EVIDENCE

1. Improper packing of specimen

2. Improper preservation
3. Failure of identification of specimen
4. Improper precaution used in transmitting the specimen
5. Lack of precaution to prevent tampering of the specimen

EVIDENCE – Is a proof allegation. It means sanctioned by the law of ascertaining in a

judicial proceeding the truth respecting a matter of fact. Evidence as distinguished from
proof

a. PROOF – refers to the degree of kind of evidence, which will produce full conviction
or establish the proposition to the satisfaction of the court.

b. Evidence – is the reclusion of proof.

THREE MAJOR CLASSIFICATION OF EVIDENCE

1. Direct Evidence – evidence which directly establishes the main fact of an issue. It
is simply that which the senses perceive. Any fact to which a witness testifies
based on what he saw, heard, smelled, touched or tasted.

2. Indirect/ Circumstantial Evidence – one which tend to establish a fact by

proving another fact. A kind of evidence which seeks to establish a conclusion by
inferences from proved facts. An evidence which establishes a fact or
circumstances from which the court may infer another fact at issue

3. Real Evidence – comprises tangible objects introduced at a trial to prove or

disprove a fact in issue. The evidence speaks for itself. It requires no
explanation, merely identification.
HEARSAY EVIDENCE – proceeds not from the personal knowledge of the witnesses but
from the mere repetition of what the witness heard other say. It 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 in court except with certain well-defined
exceptions, like declarations against interest, dying declaration, reputation, public
records and statements made at a prior time.

SCIENTIFIC EVIDENCE – an evidence wherein scientific knowledge is necessary. It is an

evidence based on or conforming to the principles and techniques of science.

FORMS OF SCIENTIFIC EVIDENCE

1. 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 senses of vision but
extends to those which are perceived by the senses of hearing, taste, smell or
touch

2. Testimonial Evidence – an expert witness may be called upon and placed on the
witness stand and answers all questions to be propounded by both parties in the
case. It is a solemn declaration made orally by a witness under oath in
response to the interrogation by a lawyer. It is the declaration of truth of facts by
an expert.

3. Experimental Evidence – an evidence required of an expert witness to prove a

certain matter of fact through certain experiments. An expert witness may be
required to perform certain experiments to prove a certain matter of fact. The
court, however, in its own discretion may or may not allow this kind of evidence.

4. 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.

WITNESS – is the one who testifies in court and has personal knowledge or experience of
something. A person, other than a suspect who is requested to give information
concerning an incident or person. He may be a victim, a complainant, an accuser, a
source of information, and an observer of an occurrence.

SUSPECT – in an offense is a person whose guilt is considered on reasonable grounds to

be practical possibility.

WITNESS IN COURT MAY BE:

1. Ordinary Witness - State facts and may not express his opinions or
conclusions. He may testify to impressions of common experiments such as the
speed of a vehicle, whether a voice was that of a man, woman or child. Beyond
this he is closely limited.

2. Expert Witness - One who possess a special skill, be it in art, trade or science or
one who has special knowledge in waters not generally known to men or
ordinary education and experiments. A person skilled in some art, trade or science
to the extent that he possesses information not within the common knowledge of
man.

3. Eye Witness - Person who saw the fatal act.

QUALIFICATIONS OF AN ORDINARY WITNESS:

1. He must have the organ and powder to perceive.

2. The perception gathered by his organ of sense can be imparted to others.
3. He does not fall in any of the exception provided for Sec. 26, Rule 123, Rules of
Court.

DIFFERENCE BETWEEN ORDINARY & EXPERT WITNESS:

1. An ordinary witness can only state what is senses has perceived while an expert
witness may state what he has perceived and also give his opinions, deduction or
conclusion to his perception.

2. An ordinary witness may not be skilled on the line he his testifying while an expert
witness 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 for any law while an expert witness must testify on things which he
has seen giving his opinions, deductions or conclusion on the statements of facts.

STANDARD SPECIMEN - Are known specimens to compare with the questioned needed
to aid in establishing a suspect’s relationship to the crime under investigation.

PRACTICAL PERSON TO COLLECT THE EVIDENCE/SPECIMEN - Person capable of

applying knowledge or theory to practice. Person trained by practice.

IDEAL PERSON TO COLLECT THE EVIDENCE/SPECIMEN - Perfect person. The

forensic chemist.

SIX GOLDEN RULES IN THE PRACTICE OF FORENSIC CHEMISTRY

1. Go Slowly
2. Be thorough
3. Take note
4. Consult others
5. Use imagination
6. Avoid complicated theories

PRIMARY REASON WHICH MAY CONTRIBUTE TO THE DISASTER OF

EVIDENCE/SPECIMEN

1. Improper packing of specimen

2. Failure of identification of specimen
3. Improper, precaution use in transmitting the specimen.
4. Lack of precautions to prevent tampering of the specimen.