Forensic Science
Forensic Science
In light of the current “war on drugs,” forensic science plays a significant role in the
prosecution of cases involving illegal drugs to ensure that no innocent persons are ever
wrongfully convicted. Prohibited drugs have been a problem in the country since the 1800s.
The Philippines has been recognized as “a significant source of high potency crystalline
methamphetamine (shabu) used both domestically and exported to locations in East and
Southeast Asia and Oceania.” Yet, the prosecution of those involved with dangerous drugs
has not been largely successful. Forensic chemists are crucial to successful drug prosecution
but current forensic capabilities could be enhanced. Also, the vital role forensic laboratories
play in the area of drug control is under-recognized. Forensic laboratories could – and
should – provide scientific guidance and advice to strengthen law enforcement, activate early
warning systems, enhance regulatory and monitoring capabilities, and develop responsive
and effective drug control, prevention, and treatment policies.
Key words: chain of custody, current forensic capabilities, dangerous drugs, drug control, forensic
chemist, prosecution
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transactions that are otherwise conducted drug presented in court is the same illegal drug
covertly and in secrecy, a buy-bust operation actually recovered from the
has a significant downside that has not
escaped the attention of the framers of the
law. It is susceptible to police abuse, the most
notorious of which is its use as a tool for
extortion. In People v. Tan, this Court itself
recognized that by the very nature of anti-
narcotics operations, the need for entrapment
procedures, the use of shady characters as
informants, the ease with which sticks of
marijuana or grams of heroin can be planted
in pockets of or hands of unsuspecting
provincial hicks, and the secrecy that
inevitably shrouds all drug deals, the
possibility of abuse is great. Thus, courts have
been exhorted to be extra vigilant in trying
drug cases lest an innocent person is made to
suffer the unusually severe penalties for drug
offenses. Accordingly, specific procedures
relating to the seizure and custody of drugs
have been laid down in the law (R.A. No.
9165) for the police to strictly follow. The
prosecution must adduce evidence that these
procedures have been followed in proving the
elements of the defined offense (Emphasis
supplied and citations omitted.)” People v.
Umipang (2012).
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came from the accused. In People v. Dahil and Castro area. It also facilitates the destruction of pieces of drug
(2015), the forensic chemist who examined the and non-drug evidences that are no longer
suspected substances certified that she had “no personal
knowledge as from whom and where said substance
was taken.” In People v. Beran, cited in People v.
Dahil (2015), the police investigator claimed to have
personally delivered the drugs to the laboratory for
testing, “but there was no showing who received the
drug from him.”
The fourth link refers to the turnover of the marked
illicit drugs by the forensic chemist to the Court, when
presented as evidence in the case. The Supreme Court,
in People v. Pajarin and Pallaya (2011), recognized the
important role of forensic chemists in the prosecution of
cases involving prohibited drugs: “Further, as a rule, the
police chemist who examines a seized substance should
ordinarily testify that he received the seized article as
marked, properly sealed and intact; that he resealed it
after examination of the content; and that he placed his
own marking on the same to ensure that it could not be
tampered pending trial. In case the parties stipulate to
dispense with the attendance of the police chemist, they
should stipulate that the latter would have testified that
he took the precautionary steps mentioned.”
In several cases, forensic chemists failed to testify in
court. In other cases, forensic chemists failed to testify
how the drugs were kept while in their custody until the
drugs were transferred to the court. In these cases, the
accused were acquitted.
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needed in court and prepares certificates of destruction potential dangers posed by chemicals and
signed by appropriate witnesses, as well as witnesses chemical
the destruction of expired medicines and controlled
precursors and essential chemicals. The Special
Research Division conducts research, develops or
validates new methods of analysis of drugs and
controlled precursors and essential chemicals,
conducts quantitative examinations of dangerous
drugs and controlled precursors and essential
chemicals, and establishes capability on impurity
profiling of seized methamphetamines.
In its 2014 Annual Report, PDEA reported: “at the end
of 2014, all PDEA laboratories nationwide are already
operational. All regional forensic laboratories are
equipped with essential tools and equipment for illegal
drug detection and investigation and can analyze,
detect, collect, and process samples and pieces of
evidence.”
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reactions in clandestine labs.” services, and they and their scientists need to be
given the opportunity to participate actively in
• The Philippine laboratories are “well-equipped.” relevant regional and global networks of
• No quantitative testing on drug samples is forensic scientists to
conducted in the Philippines “due to law
imposed time restrictions on identifying drugs
samples.”
• In the Philippines, “quantitative tests are only
made to determine the actual content of pure
drug to calculate the reward for drug
informants.”
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is an essential external and independent review and a Both the PNP and PDEA laboratories are attached to
reliable indication of the laboratories’ technical law enforcement agencies; to ensure that these
expertise; “it provides formal recognition that laboratories maintain their integrity and assure the
laboratories are competent, impartial and independent” qualities of their services, they may consider adopting
(ILAC 2015). Accreditation ensures that all forensic the internationally prescribed minimum standards for
services are provided in accordance with accepted the analysis of seized, surrendered, or confiscated
international standards. The benefits from dangerous drugs. These international standards are
accreditation that will redound to both PNP and PDEA proposed by the Scientific Working Group for the
laboratories are explained by the International Analysis of Seized Drugs (SWGDRUG), a group of
Laboratory Accreditation Cooperation (ILAC), the 20 forensic experts from around the globe who “work to
global association for the accreditation of laboratories: improve the quality of the forensic examination of
Accreditation benefits laboratories by allowing seized drugs” (SWGDRUG 2016). Among the key
them to determine whether they are performing minimum standards are:
their work competently to appropriate • The adoption and implementation of a Code of
standards, and provides them with a Professional Practice for Drug Analysts, which
benchmark for maintaining that “provide(s) the framework of ethical values and
competence. Many such laboratories scientific and legal obligations within which the
operate in isolation to their peers. A regular analyst should operate.” The Code would require
assessment by an accreditation body provides drug analysts to: “strive to demonstrate that the
an opportunity for an independent technical integrity and security of evidential materials and
evaluation of their performance and checks all the information derived from their analysis have
aspects of a facility’s operations related to been maintained while in their possession;
consistently producing accurate and employ an appropriate analytical approach,
dependable data. Areas for improvement are using the facilities available; present advice and
identified and discussed, and a detailed report testimony, whether written or oral, in an
provided at the end of each visit. Where objective manner; be prepared to reconsider and,
necessary, follow-up action is monitored by if necessary, change their conclusions, advice or
the accreditation body so the facility is testimony in light of new information or
confident that it has taken the appropriate developments, and take the initiative in
corrective action (ILAC 2015). informing their employer and customers
But accreditation alone may not be sufficient to ensure promptly of any such changes that need to be
the integrity of the PNP and PDEA laboratories and the made; and take appropriate action if there is
quality of their testing. In 2009, the United States potential for, or there has been, a miscarriage of
National Academy of Sciences recommended that crime justice due to new circumstances that have come
laboratories should be independent of law enforcement, to light, incompetent practice or malpractice.”
rationalizing: “The best science is conducted in a • The development of both a sampling strategy and
scientific setting as opposed to a law enforcement a sampling scheme when conducting qualitative
setting. Because forensic scientists often are driven in analysis of samples of seized, surrendered, or
their work by a need to answer a particular question confiscated drugs. A sampling strategy indicates
related to the issues of a particular case, they sometimes whether sampling is statistical (probability-
face pressure to sacrifice appropriate methodology for based) or not; selected samples must be
the sake of expediency” (National Academy of analyzed to meet the SWGDRUG minimum
Sciences 2009). Perceived and real bias, fiscal autonomy standards for drug identification “if statistical
of crime laboratories, and the fundamentally different inferences are to be made about the chemical
rules under which law enforcement operations and identity of the population.” A sampling scheme
science operate are the principal reasons why crime is “an overall approach which includes
laboratories should be independent of law enforcement population determination, selection of the
agencies (Goldman 2009). An academic, however, sampling plan and procedure and, when
warns: “In brief, direct control can provide stronger appropriate, sample reduction prior to analysis.”
incentives and improve coordination, but strong
incentives to respond to the principal’s demands can • The use of multiple uncorrelated techniques in
increase both good and bad behavior and not all the forensic identification of seized, confiscated,
coordination is consonant with the pursuit of justice. On or surrendered drugs;
net, police control could either improve or degrade the
performance of the crime lab” (Warren 2015). • Strict adherence to the minimum standards
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in the chemical analysis of items seized from
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People v. Umipang. 25 Apr 2012. G.R. 190321.
[PNP] Philippine National Police. Undated. Power Point
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