LA PATRIA COLLEGE

Santiago City

Instructional Module on FS003

Forensic Chemistry and Toxicology

TOPIC/S: Chapter III: DEVELOPMENT OF SCIENTIFIC CRIME LABORATORY

Chapter IV: SCIENTIFIC EVIDENCE
A. Forms of scientific evidence
B. Real or autoptic evidence
C. Testimonial evidence
D. Documentary Evidence
Chapter V: WITNESSS
A. Distinctions between an ordinary and an Expert Witness
B. Probative Value of Expert Testimony
C. Qualifications of an Expert Witness
WEEK: 2
Time Allotment: 5 hours per week Consultation Hours: F 2:30-3:30 (Criminology Program)

OBJECTIVES/ LEARNING OUTCOMES:

By the end of this chapter, the students shall be able to:
1. Differentiate the forms of scientific evidence;
2. Appreciate the development of scientific crime laboratory in the Philippines;
3. Identify the four distinct laboratories in the Philippines that performs forensic activities; and
4. Define and differentiate ordinary and expert witness.

DISCUSSION:
CHAPTER III: DEVELOPMENT OF SCIENTIFIC CRIME LABORATORY
 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.
The St. Valentine’s Day Massacre shocked the world on February 14, 1929, when Chicago’s North
Side erupted in gang violence. Gang warfare ruled the streets of Chicago during the late 1920s, as chief
gangster Al Capone sought to consolidate control by eliminating his rivals in the illegal trades of
bootlegging, gambling and prostitution. This rash of gang violence reached its bloody climax in a garage
on the city’s North Side on February 14, 1929, when seven men associated with the Irish gangster George
“Bugs” Moran, one of Capone’s longtime enemies, were shot to death by several men dressed as policemen.
The St. Valentine’s Day Massacre, as it was known, remains an unsolved crime and was never officially
linked to Capone, but he was generally considered to have been responsible for the murders
 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.
Anacleto Sales Del Rosario was a leading Filipino chemist during the Spanish Period and was
considered the Father of Philippine Laboratory Science. He founded the Botica San Fernando in
Binondo and the College of Pharmacists. He served in various public health positions. His formula for the
production of a pure kind of alcohol from tuba of a nipa palm won for him the first prize at the World Fair
in Paris in 1881. Del Rosario extracted castor oil from the palma christi, literally the "palm of Christ" (castor
bean), a native plant in the Philippines.

 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”. The
 function of the laboratory was to make analysis not only of food, 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 branch of the
government and the laboratory functioning under the direction of a physician and assisted by a pharmacist-
Chemist.
 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.
 1901 Actual scientific work began under the initiative of Dean C. Worcester by Virtue of Act No. 156
approved by the Civil Commission.
 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 the
Board of Regents. The department took charge of 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 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 there are four (4) distinct laboratories in the Philippines performing forensic chemical
analyses namely:
1. Forensic Chemistry Division of the NBI
The National Bureau of Investigation (Filipino: Pambansang Kawanihan ng Pagsisiyasat,
abbreviated as NBI) is an agency of the Philippine government under the Department of Justice,
responsible for handling and solving major high-profile cases that are in the interest of the nation.
The NBI was based after the Federal Bureau of Investigation (FBI) when it was being established.
The NBI is mandated to investigate/take on the following cases:
a. Extrajudicial/extra-legal killings by state security forces against media practitioners/activists.
b. Murders of justices and judges
c. Violate of the Cybercrime Prevention Act (Republic Act No. 10175)
d. Cases from the Inter-Agency Anti-Graft Coordinating Council
e. Anti-Dummy Law cases
f. Human trafficking cases in all Philippine airports
g. Cases involving threats to security or assaults against the persons of the President, Vice
President, Senate President, Speaker of the House of Representatives, and Chief Justice of the
Supreme Court
h. Transnational crimes based on international agreements
i. Identifying dead people or victims of mass casualty incidents by natural disasters
j. Violations of the E-Commerce Act of 2000 (Republic Ac No. 8792)
k. Violations of the Access Devices Regulations Act of 1998 (Republic Act No. 8484)
l. Violations of the Intellectual Property Code of the Philippines (Republic Act No. 8293)
m. Violations of the Securities Regulation Code (Republic Act No. 8799)
n. Violations of the Decree Increasing the Penalty for Certain Forms of Estafa (Presidential Decree
No. 1689)
2. The Criminal Investigation Laboratory of the Manila Police Department
3. The Criminal Investigation and Detection Laboratory of the Philippine Constabulary
4. Manila Investigation Service Laboratory
CHAPTER IV: SCIENTIFIC EVIDENCE
Evidence is a proof of allegation, it is a means sanctioned by law of ascertaining in a judicial
proceeding the truth respecting a matter of fact (Sec Rule 123, 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 such a relation to the fact in issue as to induce belief in its
existence or non-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, it 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 I 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 policemen
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
(c) 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
6. pedigree common reputation
7. part of res gestae entries in the course of business
8. entries in official record
9. learned treaties, and
10. Testimony or deposition at a former proceeding.
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.
(c) 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 V: WITNESSS
Witness defined.
 A witness in court maybe an ordinary or expert witness.
 A person who sees an event, typically a crime or accident, take place.
 A person who testifies under oath in a trial (or a deposition which may be used in a trial if the witness
is not available)
Under the law, an ordinary witness must have the following qualifications:
1. He must have the organ and power to receive
2. Perceiving can make known his perception to others.
3. 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 EXPERT WITNESS
1. Can only state what his senses have 1. State what he has perceived and also give
perceived his opinion, deductions or conclusions to his
perception
2. May not be skilled on the line he is testifying. 2. Must be skilled in the art, science or trade he
is testifying.
3. Cannot testify on things or fact he has not 4. Testify on things which he has not seen by
perceived for by law. 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
(c) The other proof of case. ((1.8. v. Tiono 3 Phil 213, Samson v. Corrales Tan Quintin, 44 Phil 573).

REFERENCE/S:

1. Canete, Arlyn M, (2015): Forensic Chemistry and Toxicology: An Essential Tool in Effective Criminal Justice
System. #32 Visayas Ave. Corner Congressional Avenue, Project 6, Quezon City Philippines 1100.
Wiseman’s Book Trading, INC.
 LEARNING TASKS/ ACTIVITY
WEEK 2(August 31 – September 04, 2020)

General Directions:
1. Write your answers on a clean sheet of bond paper with your name, course and year level, week
number, course number, and course description. Use black ball pen in writing your answers.
Example: BAYAUA, JENNIFER Y. BSCRIM2 WEEK 1
GEC 006 SCIENCE, TECHNOLOGY AND SOCIETY
2. After writing your answers, install the CamScanner application on your smartphone and use to
capture image/s of your answer sheet/s.
3. Send your answers to the personal Microsoft Teams accounts of your instructor Ms. Jennifer Y.
Bayaua and to your Program Head thru Microsoft Teams.
4. Your answer sheet should be sent in PDF form and name your file with this format: Surname-
Course number-Week number- Quiz number /Activity number (all in capitalized letter).
Example: BAYAUA-GEC006-WEEK1-QUIZ/ ACTIVITY.
5. Deadline of Activity: September 08, 2020 5:00pm
SEATWORK 2: MATCHING TYPE: Match column A with the correct answer on column B, write only the
letter of answer before the number (1 point each)
Column A Column B
_____1. September 1945 a. Labaratorio Municipal De Manila
_____2. October 14, 1924 b. Royal Decree No. 188
_____3. February 14, 1829 c. Analecto Del Rosario
_____4. 1894 d.Department of Legal Medicine became a Branch
_____5. Medicos Titulares of DOJ
_____6. September 13, 1887 e. Act No. 3043
_____7. 1901 f.March 31, 1876
_____8. December 01,1937 g. Division of Investigation
_____9. July 01, 1901 h.NBI
_____10. December 15, 1884 i.Dean C. Worcester
j.Laboratorio Medico Legal
k. Vaccines and Sera
l. St. Valentine’s Day Massacre

QUIZ 3:
A. ESSAY: Discuss the following based on your own understanding (preferably a short paragraph answer
that consist of three-five sentences.) (10 points each)
1. Forms of Scientific Evidence
2. Ordinary and Expert Witness
3. Laboratories in the Philippines
B. GRAPHIC ORGANIZER: Based on your own understanding, summarize the three chapter lesson using
a graphic organizer (20 pts)

 PROCRASTINATION is like a credit card; it’s a lot of fun until you get the BILL 
 CONGRATULATIONS for finishing this Module, Keep up the good work! 

Rubrics for QUIZ 3 (ESSAY)

10 points Answer shows mastery of content and deeper analysis/understanding the content
8 points Answers show some analysis. Student’s show mastery and understanding of the
content
6 points Answer show some understanding of the essential facts but it is lacking in greater
analysis and evidence
4 points Answer do not show understanding of basic content. Answer are incomplete and
shows mastery but most of the general content is missing.
2 points Answer does not address the assignment or is off topic
Rubrics for QUIZ 3 (GRAPHIC ORGANIZER)
1. Original thinking (10 pts)
"Demonstrates original thinking that adds insight to analysis of case; meaningful elaboration beyond
text and notes in strategy development"
Excellent Very Good Good
10 pts 5-9 pts 1-4 pts
2. Understanding (3 pts)
Demonstrates deep understanding of concepts and ideas
Excellent Very Good Good
3 pts 2 pts 1 pt
 3. Content (5pts)
Addresses each question and all its parts thoroughly; incorporates relevant ideas into responses; uses
specific information.
Excellent Very Good Good
5 pts 3-4 pts 1-2 pts
4. Structure (2 pts)
Response to each question is well organized and clearly written; there is evidence of planning before
writing
Very Good Good
2 pts 1 pts

Prepared by: JENNIFER Y. BAYAUA, LPT

Instructor

Reviewed/Approved: JEAN RUSSEL B. PAULMITAN, RCrim, MSCJ

Program Head, Criminology