Review Notes in Drug Education and Vice Control

DEFINITION OF TERMS

DRUG ADDICTIONS – A state of periodic or chronic (continuous) intoxication (drunk) detrimental to

individual and to the society produced by the repeated consumption of drugs (WHO)

CHEMICALS – Is any substance taken into the body, which alters the way, the mind and the bodywork.

CHEMICAL ABUSE – Is an instance when the use of a chemical has produced a negative or harmful
consequence.

TREATMENT – Is a medical service rendered to a client for the effective management of hit total
conditions related to drug abuse. It deals with the physiological without abusing drugs.

REHABILITATION – Is a dynamic process directed towards the changes on the health of the person to
prepare him from his fullest life potentials and capabilities, and making him law-abiding and productive
member of the community without abusing drugs.

ENABLING – Is any action taken by a concerned person that removes or softens the negative effect or
harmful consequences of drug use upon the user. Enabling only makes thing worse. It is like fighting fire
with gasoline.

POLYDRUG ABUSE – Many people who abuse on drug tend to take allsorts of drugs. Some play
chemical “Russian roulettes” by taking everything including unidentified pills. This is called polydrug
abuse.

DRUG EXPERIMENTER – One who illegally, wrongfully, or improperly uses any narcotics substances,
marijuana or dangerous drugs as defined not more than a few times for reasons or curiosity, peer
pressure or other similar reasons.

DRUG SYNDICATE – It is a network of evil. It is operated and manned by willful criminals who
knowingly traffic in human lives for the money. Large sum of money, they can make in their illegal and
nefarious trade. The set results of their commerce are physical and mental cripples, ruined lives, even
agonizing death.

WITHDRAWAL PERIOD – From the point of habituation or drug dependence up to the time a drug
dependent is totally or gradually deprived of the drug.

TOLERANCE – It is the increasing dosage of drugs to maintain the same effect. This is dependent is
totally or amphetamines, barbiturates, opiates and solvents.

DRUG DEPENDENCE – A state of psychic or physical dependence, or both on dangerous drugs, arising
in a person following administration or use of a drug on a periodic or continuous basis.

PHYSICALDEPENDENCE – An adaptive state caused by repeated drug use that reveals itself by
development of intense physical symptoms when the drug is stopped (withdrawal syndrome).

PSYCHOLOGICALDEPENDENCE – An attachment to drug use which arises from a drug ability to

satisfy some emotional or personality need of an individual. (Physical dependence not required but it
does not seem to reinforce psychological dependence)

MARIJUANA – Obtained from an Indian hemp plant known as “Cannabis Sativa” a strong, handy
,annual shrub which grows wild in temperature and tropic regions.

TETRAHYDROCANNABINOL – (THC) It is the psychoactive agent of marijuana. The more THC present
in marijuana, the more potent is the drug. It is also known as the “siniter element” in marijuana. This is
what causes the “high lift” or “trip” in marijuana users.
HASHISH – It is the dark brown resin that is collected from the tops of potent Cannabis Sativa. It is at
least five times stronger than crude marijuana. Since it is stronger, the effect on the user is more
intense, and the possibility of side effects is greater. Placing the crude plant material in a solvent makes
it. The plant material is then filtered out and the solvent is removed, yielding a gummy, resinous
substance.

NARCOTICS – Is any drug that produces sleep or stupor and relieves pain due to its depressant effect on
the central nervous system. A term narcotic comes from the Greek word for sleep “Narkotikos”

OPIUM – Obtained from a female poppy plant known as “Papayer Somniferum”. It comes from the
Greek word which means “juice”. It is the original components of Morphine and Heroin.

MORPHINE – It is the second extraction from opium, six times stronger. It was named after Morpheus
the Greek god of dreams stimulating effects.

HEROIN – It is the third derivative extracted and the most powerful. It has no medical use because of
the high rate of medication. This is the most potent of opium derivatives, five times stronger than
morphine.

SHABU – It is Japanese form of drug abuse. It is an amphetamine type of stimulant whose chemical use
name in Methmphetamine. This stimulant was originally known as “Kakuseizal” is the Japanese word
for waking “Zai” the term for drugs. The stimulant started in Japan immediately after the end of the
Pacific War and brought into the Philippines by Japanese tourist.

COCAINE – It is an alkaloid contained in the leaves of “Erythoxylon coca” a hardy plant cultivated in
Bolivia. The first user of coca leaf were the Incas of Peru. It is a stimulant. A powerful natural stimulant
known to man. Cocaine acts immediately. It is a quick acting drug. Its effects are rapid from the time of
intake. It is indeed “super-speed”.

CODEINE – Is another opium alkaloid, the second to be developed after Morphine. It is used as a
painkiller, but more as a cough reliever.

10 MOST ABUSED DRUGS

 Shabu
 Menthodes (cough/cold preparation)
 Marijuana
 Rugby (inhalant)
 Phydol (cough/cold preparation)
 Diazepam (minor tranquilizer)
 Pseudoflex (cough/cold preparation)
 Hycodia (cough preparation)
 Cotrex D (cough/cold preparation)
 Mercadol (cough/cold preparation)

MOST COMMON REASONS FOR USING DRUGS

 Influence by friends and peers
 Personal reason such as family problems and pleasure
 Got hooked by the pusher
 Used drugs for medical reason and hooked later on
 Accessibility of sources such as drug stores, medicine cabinets and shops.

SUMMARY ON USUALLY KNOWN DRUG (SIGNS AND SYMPTOMS)

DRUGS PHYSICAL SYMPTOMS SIGN OF ABUSE DANGERS

Marijuana (damo, Altered perception, Plastic baggies, rolling Psychological
grass, Indian hemp, dilated pupils, lack of paper, roach clips, color dependence, increased
weed joints, hashish, concentration, craving of burnt hemp rope heart rate, impaired
satay) for sweets, increased short term memory,
appetite, laughter anxiety, lungs damage,
possible psychosis w/
chronic use.

Loss of appetite, Pills of varying, possible Disorientation, severe

Amphetamines (pep anxiety, irritability, chain of smoking, long depression, paranila,
pills, speed, dexies, ups, rapid speech, tumors period w/out rest or possible hallucinations,
bunnies, drivers, mood, elevation sleep increased blood
crossroad, footballs, co- pressure, fatigue
pilot, eye opener)
Rigidity, painful muscle
Hallucinogens (LSD, Alternation of moods Capsule of varying contraction, emotional
MDA, PCR, peyote, and perception, longer periods of ras instability, death
psilocybin, acid cubes, possible paranoia, panic sleep, dizziness, cold frompossible overdose
micbrodots, mescaline) anxiety esp. when mixed with
and clumsy skin
alcohol

Damage to lungs, liver,

kidneys, bone marrow,
Euphoria headaches, Odor of substance in
suffocation, choking,
SOLVENT/RUGBY nausea, fainting stupor, clothing, intoxication,
anemia, possible stroke
(gasoline/ glue) rapid heart beat drowsiness, poor or sudden death.
muscular control

Allergy w/ loss
hepatitis, slow and
Intensitivity to pain, Glasineevelops needles shallow breathing
euphoria, sedation, and syringe capsule possible death when
HEROIN (fit fun) vomiting, itchiness, orspoons tourniquet, combined w/
MORPHINE (M., watery eyes, running needle mark on hands barbiturates
Monkey dreamer, nose
morpho, tabcubes, Shallow breathing,
opium) Glassine envelopes fever, anxiety, tremors,
CODINE (little D) Short-lived euphoria razor blades, small possible death from
changing to depression, spoons, odorless bitter convulsions or
COCAINE (Coke, snow, nervousness, irritability, white crystalline respiratory arrest.
leaf dust) tightening of muscles powder

DANGEROUS DRUG EFFECTS AND IDENTITY

The Marijuana (Cannabis Sativa)

 Marijuana – usually called Pot, grass, weed reefer, dope, Mary Jane, sinsemilla, acapolco gold,
Thai stick, ---They look like dried parsley mixed with stems that may include needs --- They are
need as cigarette (smoke). Eaten.
 Tetrehydro Cannabinol – they called THC, they look like soft gelatin capsule and they are used
by taken orally or smoked.
 Hashish – called locally has and look like brown or black cakes or balls, they can be eaten orally
or can be smoked.
 Hashish Oil – Hash oil they appear like concentrated syrup liquid varying in color from clear to
black, they used to smoked mixed with tobacco.

The Inhalants

Immediate negative effect of inhalants include nose, sneezing, coughing, nosebleed, fatigue, lack of
coordination and loss of appetite. Solvents and aerosol sprays also decrease the heart and the
respiratory rates and impair judgment. Amyl and Butyl nitrate cause rapid pulse, headache and
involuntary or brain hemorrhage.

Deeply inhaling the vapor, or using large amount over a short period of time may result to
disorientation, violent behavior, unconsciousness or death. High concentration of inhalants can cause
suffocation by displacing the oxygen in the lungs or depressing the central nervous system in the point
that breathing stops.

Long-term use can cause weight loss, fatigue, electrolyte imbalance and muscle fatigue. Repeat
sniffing of concentrated vapors over time can permanently damage the nervous system.

The Depressants (Downers)

These are drugs which suppress vital body functions especially those of the brain or central nervous
system with the resulting impairment of judgement, hearing, speech and muscular coordination.

1. Narcotics - are drugs, which relieve pain and produce profound sleep or stupor. Medically, they are
potent painkillers.
2. Opium – derived from a poppy plant – Papaver somniferum popularly known as “gum”, “gamot”,
“kalamay” or “panocha”.
3. Morphine - most commonly used and best used opiate. Effective as a painkiller six times potent than
opium, with a high dependence – producing potential.
4. Heroin – is three to five times more powerful than morphine from which it is derived and the most
addicting opium derivative. 5. Codeine – a derivative of morphine, commonly available in cough
preparations.
6. Paregoric – a tincture of opium in combination with camphor. Commonly used as a household
remedy for diarrhea and abdominal pain.
7. Demerol and Methadone – common synthetic drugs with morphine – like effects.
8. Barbiturates – are drugs used for inducing sleep in persons plagued with anxiety, mental stress, and
insomnia.
9. Seconal – Sudden withdrawal from these drugs is even more dangerous than opiate withdrawal.
10. Tranquilizers – are drugs that calm and relax and diminish anxiety. They are used in the treatment of
nervous states and some mental disorders without producing sleep.
11. Volatile Solvents – gaseous substances popularly known to abusers as “gas”, “teardrops”.
12. Alcohol – the king of all drugs with potential for abuse. Most widely used, socially accepted and
most extensively legalized drug throughout the world.

The Stimulants (Uppers)

These produce effects opposite to that of depressants. Instead of bringing about relaxation and sleep,
they produce increased mental alertness, wakefulness, reduce hunger, and provide a feeling of well
being.
1. Amphetamines – used medically for weight reducing in obesity, relief of mild depression and
treatment
2. Cocaine – taken orally, injected or sniffed as to achieve euphoria or an intense feeling of “highness”.
3. Caffeine – it is present in coffee, tea, chocolate, cola drinks, and some wake-up pills.
4. Shabu/ “poor man’s cocaine” – chemically known as methamphetamine. It is a central nervous system
stimulant and sometimes called “upper” or “speed”. It is white, colorless crystal or crystalline powder
with a bitter numbing taste. It can be taken orally, inhaled (snorted), sniffed (chasing the dragon) or
injected.
5. Nicotine – an active component in tobacco which acts as a powerful stimulant of the central nervous
system. A drop of pure nicotine can easily kill a person.

The Hallucinogens (Psychedelic)

They consist of a variety of mind-altering drugs, which distort reality, thinking and perceptions of time,
sound, space and sensation.
1. Marijuana – It is the most commonly abused hallucinogen in the Philippines.
2. Lysergic Acid Diethylamide (LSD) – This drug is the most powerful of the psychedelics obtained from
ergot, a fungus that attacks rye kernels.
3. Peyote – Peyote is derived from the surface part of a small gray brown cactus.
4. Mescaline – It is the alkaloid hallucinogen extracted from the peyote cactus and can also be
synthesized in the laboratory.
5. STP – It is a take-off on the motor oil additive. It is a chemical derivative of mescaline claimed to
produce more violent and longer effects than mescaline dose.
6. Psilocybin – This hallucinogenic alkaloid from small Mexican mushrooms are used by Mexican Indians
today.
7. Morning Glory Seeds – The black and brown seeds of the wild tropical morning glory that are used to
produce hallucinations.

The New Law on Dangerous Drugs

R.A. 9165 – COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

Approved on June 7, 2002 - Effective July 4, 2002

What is Dangerous Drug under this law?

Includes those listed in the schedules annexed to the 1961 Single Convention on Narcotic
Drugs, as amended by the 1972 Protocol, and the schedules annexed to the 1971 Single Convention on
Psychotropic Substances (Art 1, Sec. 3).

Ex. MMDA – Methylenedioxymethamphetamine (Ecstacy)

Tetrahydrocannabinol (MJ); Mescaline (Peyote)

What are the Controlled Precursors and Essential Chemicals?

Include those listed in Tables I and II of the 1988 UN Convention Against Illicit Traffic in Narcotic
Drugs and Psychotrophic Substances (Art 1, Sec 3)

Ex. Table 1 – Acetic Anhydride

N- Acetyl Anthranilic Acid
Epedrine, Ergometrine, Lysergic Acid, etc.
Table 2 – Acetone, Ethyl Ether, Hydrochloric Acid
Sulfuric Acid, etc..

NOTE:

Under RA 6425 (Dangerous Drugs Act of 1972), Dangerous drugs refers to the Prohibited drugs,
Regulated drugs and Volatile substances.

Prohibited Drugs – ex. Opium and its derivatives, Cocaine and its derivatives, Hallucinogen drugs like
MJ, LSD, and Mescaline

Regulated drugs – ex. Barbiturates, Amphetamines, Tranquillizers

Volatile Substances – ex. rugby, paints, thinner, glue, gasoline

What are the Unlawful Acts and Penalties?

Unlawful Acts Penalty

Importation of Dangerous drugs and/or Controlled Life Imprisonment to Death and a fine
Precursors and Essential Chemicals (sec. 4) ranging from P500, 000 to P10 Million
Sale, Trading, Administration, Dispensation, Life Imprisonment to Death and a fine
Delivery, Distribution and transportation of ranging from P500, 000 to P10 Million
Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals (sec. 5)
Maintenance of a Den, Dive or Resort where Life Imprisonment to Death and a fine
dangerous drugs are used or sold in any form (sec. 6) ranging from P500, 000 to P10 Million

Being an employee or visitor of a den, dive or resort Imprisonment ranging from 12 yrs and 1
(sec. 7) day to 20 yrs and a fine ranging from
P100, 000 to P500, 000.
Manufacture of dangerous Drugs and/or Controlled Life Imprisonment to Death and a fine
Precursors and Essential Chemicals (sec. 8) ranging from P500, 000 to P10 Million

Illegal Chemical Diversion of Controlled Precursors Imprisonment ranging from 12 yrs and 1
and Essential Chemicals (sec. 9) day to 20 yrs and a fine ranging from
P100, 000 to P500, 000.
Manufacture or Delivery of Equipment, Instrument, Imprisonment ranging from 12 yrs and 1
Apparatus and other Paraphernalia for Dangerous day to 20 yrs and a fine ranging from
Drugs and/or Controlled Precursors and Essential P100, 000 to P500, 000.
Chemicals (sec. 10)
Life Imprisonment to Death and a fine
Possession of Dangerous Drugs ranging from P500, 000 to P10 Million
(sec. 11)

Possession of Dangerous drugs in the following quantities,

regardless of degree of purity:

10 grams or more of opium; morphine; heroin; cocaine; MJ resin;

10 grams or more of MMDA, LSD and similar dangerous drugs;
50 grams or more of “shabu”/ Methamphetamine Hydrochloride;
500 grams or more of Marijuana

NOTE:
If the quantity involved is less than the foregoing, the penalties shall be graduated as follows:

1. Life imprisonment and a fine ranging from P400, 000 to P500, 000 if “shabu” is 10 grams or
more but less than 50 grams;

2. Imprisonment of 20 yrs and 1 day to Life imprisonment and a fine ranging from P400, 000 to
P500, 000 if the quantities of dangerous drugs are 5 grams or more but less than 10 grams of opium,
morphine, heroin, cocaine, mj resin, shabu, MMDA, and 300 grams or more but less than 500 grams of
marijuana

3. Imprisonment of 12 yrs and 1 day to 20 yrs and a fine ranging from P300, 000 to P400, 000 if
the quantities of dangerous drugs are less than 5 grams of opium, morphine, heroin, cocaine, mj resin,
shabu, MMDA, and less than 300 grams of marijuana.

Possession of Equipment, Instrument, Apparatus and Imprisonment ranging from 6 mos and
other Paraphernalia for Dangerous Drugs 1 day to 4 yrs and a fine ranging from
(sec. 12) P10, 000 to P50, 000
Possession of dangerous Drugs during Parties, Social The maximum penalties provided for
Gatherings or Meetings (sec. 13), and Sec. 11.
Possession of Equipment, Instrument, Apparatus and
other Paraphernalia for Dangerous Drugs during
Parties, Social Gatherings or Meetings (sec. 14)

Use of Dangerous Drugs (sec. 15) Minimum 6 mos rehabilitation (1st

offense),
Imprisonment ranging from 6 yrs and
1 day to 12 yrs and a fine ranging from
P50,000 to P200, 000 (2nd Offense)

NOTE:
Section 15 shall not be applicable where the person tested is also found to have in his/her
possession such quantity of any dangerous drug provided in sec.11, in which case the penalty provided
in sec. 11 shall apply.

Cultivation of Plants classified as dangerous drugs or Life Imprisonment to Death and a fine
are sources thereof (sec. 16) ranging from P500, 000 to P10 Million

Failure to comply with the maintenance and keeping Imprisonment ranging from 1 yr and 1
of the original records of transaction on any day to 6 yrs and a fine ranging from
dangerous drugs and/or controlled precursors and P10, 000 to P50, 000
Essential Chemicals on the part of practioners, Plus revocation of license to practice
manufacturers, wholesalers, importers, distributors, profession.
dealers, or retailers (sec. 17)
Unnecessary Prescription of Dangerous Drugs (sec. Imprisonment ranging from 12 yrs
18) and 1 day to 20 yrs and a fine ranging
from P100, 000 to P500, 000.
Plus revocation of license to practice
profession
Unlawful Prescription of Dangerous Drugs (sec.19) Life imprisonment to Death and a fine
ranging from P500, 000 to 10 Million
pesos

The Unlawful Acts Punishable by Death Penalty

1. Importation or bringing into the Philippines of dangerous drugs using diplomatic passport or
facilities or any means involving his/her official status to facilitate unlawful entry of the same
(sec 4, Art II).
2. Upon any person who organizes, manages or acts as “financiers” of any of the activities
involving dangerous drugs (sec 4, 5, 6, 8 Art II).
3. Sale, Trading, Administration, Dispensation, Delivery, Distribution and transportation of
Dangerous Drugs and/or Controlled Precursors and Essential Chemicals with in 100 meters from
the school (sec 5, Art II).
4. Drugs pushers who use minors or mentally incapacitated individuals as runners, couriers and
messengers or in any other capacity directly connected to the dangerous drug trade (sec 5, Art
II).
5. If the victim of the offense is a minor or mentally incapacitated individual, or should a
dangerous drug and/or controlled precursors and essential chemical involved in the offense be
the proximate cause of death of the victim (sec 5, Art II).
6. When dangerous drug is administered, delivered or sold to a minor who is allowed to use the
same in such a place (sec 6, Art II).
7. Upon any person who uses a minor or mentally incapacitated individual to deliver equipment,
instrument, apparatus and other paraphernalia for dangerous drugs (sec. 10, Art II).
8. Possession of dangerous Drugs during Parties, Social Gatherings or Meetings (sec. 13), and
Possession of Equipment, Instrument, Apparatus and other Paraphernalia for Dangerous Drugs
during Parties, Social Gatherings or Meetings (sec. 14)

What is the Dangerous Drugs Board (DDB)?

 The DDB is the policy-making body and strategy-making body in the planning and formulation
of policies and programs on drug prevention and control. (under the Office of the President) (sec. 77,
Art IX)

Composition: 17 members (3 as permanent, 12 as ex-officio, 2 regular members)(sec. 78, Art IX)

3 permanent members: to be appointed by the President, one to be the Chairman.

12 ex officio members:

Secretary of DOJ, DOH, DND, DOF, DOLE, DILG, DSWD, DFA, and DepEd, Chairman of CHED,
NYC, and the Dir.Gen of PDEA.

2 regular members: President of the IBP, and the Pres/Chaiman of an NGO involved in a
dangerous drug campaign to be appointed by the President.

The NBI Director the Chief of the PNP – permanent consultant of the Board.

What are the Powers and Duties of the DDB?

(sec. 81, Art IX)

 Formulation of Drug Prevention and Control Strategy,

 Promulgation of Rules and Regulation to carry out the purposes of this Act,
 Conduct policy studies and researches,
 Develop educational programs and info drive,
 Conduct continuing seminars and consultations,
 Design special training,
 Coordination with agencies for community service programs,
 Maintain international networking,

What is the PDEA?

PDEA means Philippine Drug Enforcement Agency.

It is the implementing arm of the DDB and responsible for the efficient and effective law
enforcement of all the provisions on any dangerous drugs and/ or precursors and essential chemicals.

Head: Director General – appointed by the President

Assisted By: 2 Deputies Director General (one for Admin, another for Opns) – appointed by the
President (sec. 82, Art IX).

PDEA Operating Units:

It absorbed the NDLE-PCC (created under E.O. 61), NARCOM of the PNP, Narcotics Division of
the NBI, and the Customs Narcotics Interdiction Unit (sec. 86, Art IX).

What are the Powers and Functions of the PDEA?

(sec. 84, Art IX)

 Cause the effective and efficient implementation of the national drug control strategy,
 Enforcement of the provisions of Art II of this Act,
 Undertake investigation, make arrest and apprehension of violators and seizure and
confiscation of dangerous drugs,
 Establish forensic laboratories,
 Filing of appropriate drug cases,
 Conduct eradication programs,
 Maintain a national drug intelligence system,
  Close coordination with local and international drug agencies.

Important Features of R.A 9165

 In the revised law, importation of any illegal drug, regardless of quantity and purity or any
part therefrom even for floral, decorative and culinary purposes is punishable with life
imprisonment to death and a fine ranging from P500, 000 to P10 million.

 The trading, administration, dispensation, delivery, distribution, and transportation of

dangerous drugs is also punishable by life imprisonment to death and a fine ranging from
P500, 000 to P10 million.

 Any person who shall sell, trade, administer, dispense, deliver, give away to another or
distribute, dispatch in transit or transport any dangerous drugs regardless of quantity and
purity shall be punished with life imprisonment to death and a fine ranging from P500, 000
to P10 million.

But if the sale, administration, delivery, distribution or transportation of any of these

illegal drugs transpires with in 100 meters from any school, the maximum penalty shall
be imposed.

Pushers who use minors or mentally incapacitated individuals as runners, couriers, and
messengers or in dangerous drug transactions shall also be meted with the maximum
penalty.

A penalty of 12 yrs to 20 yrs imprisonment shall be imposed on financiers, coddlers, and

managers of the illegal activity.

 The law also penalizes anybody found in possession of any item or paraphernalia used to
administer, produce, cultivate, propagate, harvest, compound, convert, process, pack,
store, contain or conceal illegal drugs with an imprisonment of 12 yrs to 20 yrs and a fine of
P100, 000 to P500, 000.

 Owners of resorts, dives, establishments, and other places where illegal drugs are
administered is deemed liable under this new law, the same shall be confiscated and
escheated in favor of the government.

 Any person who shall be convicted of violation of this new law, regardless of the quantity of
the drugs and the penalty imposed by the court shall not be allowed to avail the privilege
provisions of the Probation Law (P.D. 968).

(sec.58, Art VIII) Filing of charges against a drug dependent for confinement and rehabilitation under
voluntary submission program can be made:
 second commitment to the center
 upon recommendation of the DDB
 may be charge for violation of sec. 15
 if convicted – confinement and rehab

Parents, spouse or guardian who refuses to cooperate with the Board or any concerned agency
in the treatment and rehabilitation of a drug dependent may be cited for Contempt of Court
(sec. 73, Art VIII).

--------------------------------------------------------------------------------------------------------------------------
What is Republic Act No. 9165?

This Act is known as the “Comprehensive Dangerous Drugs Act of 2002,” which was passed into
law on June 7, 2002, overhauls the 30-year old Dangerous Drugs Act of 1972 (R.A. 6425). The new law
increases the penalties for drug related offenses while placing more emphasis on the rebuilding of lives
through rehabilitation and treatment.1

When did it take effect?

This law was enacted on June 7, 2002, and was published in two newspapers of general
circulation (namely, the Manila Times and Manila Standard) on June 19, 2002 and in the Official Gazette
(Vol. 98 No. 32 page 4325) on August 12, 2002. It became effective fifteen (15) days from their
publication.2

What are the acts punished under the law?

The law penalizes the following unlawful acts:

1. Importation of Dangerous Drugs and/ or Controlled Precursors and Essential Chemicals – the
penalty is life imprisonment to death and a fine ranging from P500 Thousand – P10 Million for
dangerous drugs; for controlled precursors and essential chemicals, the penalty is 12 years and 1
day to 20 years and a fine ranging from P100 Thousand to P500 Thousand.
2. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of
Dangerous Drugs and/or Controlled Precursors and Essential Chemicals – the penalty is life
imprisonment to death and a fine ranging from P500 Thousand – P10 Million for dangerous drugs;
for controlled precursors and essential chemicals, the penalty is 12 years and 1 day to 20 years and
a fine ranging from P100 Thousand to P500 Thousand.
3. Maintenance of Den, Dive or Resort – the penalty is life imprisonment to death and a fine ranging
from P500 Thousand – P10 Million if dangerous drug is used or sold in any form; if controlled
precursor and essential chemical is used or sold, the penalty is 12 years and 1 day to 20 years and a
fine ranging from P100 Thousand to P500 Thousand.
4. Employees and Visitors of a Den, Dive or Resort – the penalty is 12 years and 1 day to 20 years
and a fine ranging from P100 Thousand to P500 Thousand.
5. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals – the
penalty is life imprisonment to death and a fine ranging from P500 Thousand – P10 Million if
dangerous drug is manufactured; if controlled precursor and essential chemical are manufactured,
the penalty is 12 years and 1 day to 20 years and a fine ranging from P100 Thousand to P500
Thousand.
6. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals – the penalty is 12
years and 1 day to 20 years and a fine ranging from P100 Thousand to P500 Thousand.
7. Manufacture or Delivery of Equipment, Instrument, Apparatus, and other Paraphernalia for
Dangerous Drugs and/or Controlled Precursors and Essential Chemicals – the penalty is 12 years
and 1 day to 20 years and a fine ranging from P100 Thousand to P500 Thousand.
8. Possession of Dangerous Drugs – the penaltyis life imprisonment to death and a fine ranging
from P500 Thousand – P10 Million ( Note: Depending of the quantity of any dangerous drugs
enumerated).
9. Possession of Equipment, Instruments, Apparatus and Other Paraphernalia for Dangerous
Drugs – the penalty is from 6 months and 1 day to 4 years and a fine ranging from P10 Thousand –
P50 Thousand.
10. Possession of Dangerous DrugsDuring Parties, Social Gatherings or Meetings – the penaltyis
life imprisonment to death and a fine ranging from P500 Thousand – P10 Million, regardless of the
quantity and purity of such dangerous drugs.

1
A Primer on the Dangerous Drugs Act by Congressman Antonio V. Cuenco (Principal Sponsor of R.A.
No. 9165), p. 2.
2
Section 102, Republic Act 9165
 11. Possession of Equipment, Instruments, Apparatus and Other Paraphernalia for Dangerous
Drugs During Parties, Social Gatherings or Meetings – the maximum penalty is 6 months and 1
day to 4 years and a fine ranging from P10 Thousand – P50 Thousand.
12. Use of Dangerous Drugs – the penalty is 6 months in rehabilitation center for the first offense; for
the second offense – 6 years and 1 day to 12 years and a fine ranging from P50 Thousand – P200
Thousand.
13. Cultivation or Culture of Plants Classified as Dangerous Drugs – the penaltyis life imprisonment
to death and a fine ranging from P500 Thousand – P10 Million.
14. Failure to Maintain and Keep Original Records of Transactions on Dangerous Drugs and/or
ControlledPrecursors and Essential Chemicals– the penalty is 1 year and 1 day to 6 years and a
fine ranging from P10 Thousand to P50 Thousand.
15. Unnecessary Prescription of Dangerous Drugs - the penalty is 12 years and 1 day to 20 years and
a fine ranging from P100 Thousand to P500 Thousand.
16. Unlawful Prescription of Dangerous Drugs – the penalty is life imprisonment to death and a fine
ranging from P500 Thousand to P10 Million.
17. Attempt3 or Conspiracy4 to commit importation of dangerous drug and/or controlled
precursor and essential chemicals, sale, trading, administration, distribution and transportation
of any dangerous drug and/or controlled precursor and essential chemicals, maintenance of
den, dive or resort where any dangerous is used in any form, manufacture of any dangerous
drug and/or controlled precursor and essential chemical, and cultivation or culture of plants
which are sources of dangerous drugs – the same penalty of the unlawful acts.
18. Criminal Liability of a Public Officer or Employee for Misappropriation, Misapplication or
failure to account for the confiscated, seized and/or surrendered dangerous drugs, plant
sources of dangerous drugs, controlled precursors and essential chemicals,
instruments/paraphernalia and/or laboratory equipment including the proceeds or properties
obtained from the unlawful act committed - the penalty is life imprisonment to death and a fine
ranging from P500 Thousand to P10 Million.
19. Planting of Evidence – the penalty is death.
20. Violation of any Regulation Issued by the Dangerous Drugs Board – the penalty is 6 months
and 1 day to 4 years and a fine ranging from P10 Thousand to P50 Thousand as well as
administrative liability.
21. Issuance of False or Fraudulent Drug Test Results – the penalty is 6 years and 1 day to 12 years
and a fine ranging from P100 Thousand to P500 Thousand.
22. Violation of Confidentiality of Records – the penalty is 6 months and 1 day to 6 years and a fine
ranging from P1 Thousand – P6 Thousand.
23. Failure or Refusal to Testify in Proceedings Involving Offenses under this law – the penalty is
12 years and 1 day to 20 years and a fine of not less than P500 Thousand.
24. Delay and Bungling in the Prosecution of Drug Cases - the penalty is 12 years and 1 day to 20
years, without prejudice to his/her prosecution under pertinent provisions of the Revised Penal
Code.

Who is the User penalized under this law?

As can be deduced from the definition of use, a User is a person who engages in “any act of
injecting, intravenously or intramuscularly, of consuming, either by chewing, smoking, sniffing,
eating, swallowing, drinking or otherwise introducing into the physiological system of the body,
any of the dangerous drugs.”5

SECTION 15. USE of Dangerous Drugs

3
There is an attempt when the offender commences the commission of a felony directly by overt acts, and does
not perform all the acts of execution which should produce the felony by reason of some cause or accident other
than his own spontaneous desistance – Art. 6, Revised Penal Code.
4
A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and
decide to commit it – Art. 8, Revised Penal Code.
5
Section 3(kk), Ibid.
 Any person apprehended or arrested, who is found to be positive for use of any dangerous
drug, after a confirmatory test6 and who is a first-time offender, shall be committed to a minimum
of six (6) months of rehabilitation in a government center, subject to Article VIII of the law. If
apprehended using any dangerous drug for the second time, he/she shall then suffer criminal
liability of imprisonment from6 years and 1 day to 12 years and a fine ranging from P50,000 to
P200,000.

The person referred to herein is a natural person, because, obviously a juridical person
cannot be held liable of this offense.

Take note the second paragraph of Section 12, because it is very relevant in the prosecution
of Section 15. The provision reads:

“The possession of such equipment, instrument, apparatus and other

paraphernalia fit or intended for any of the purposes enumerated in the preceding
paragraph shall be prima facie evidence that the possessor has smoked, consumed,
administered to himself/herself, injected, ingested or used a dangerous drug and shall
be presumed to have violated Section 15 of this Act.”

However, where the person tested is also found to have in his/her possession such quantity
of any dangerous drug provided for under Section 11 of this law, the provisions therein on
POSSESSION of Dangerous Drugs shall apply. It is committed by any person, who, unless
authorized by law, shall possess any dangerous drug, regardless of the degree of purity thereof:

(1) Opium (10 grams or more)7

(2) Morphine (10 grams or more)
(3) Heroin (10 grams or more)
(4) Cocaine or cocaine hydrochloride (10 grams or more)
(5) Methamphetamine hydrochloride or “shabu” (50 grams or more)
(6) Marijuana resin or marijuana resin oil(10 grams or more)
(7) Marijuana (500 grams or more)
(8) Other dangerous drugs such as, but not limited to, methylenedioxymethamphetamine
(MDMA) or “ecstasy”, paramethozyamphetamine (PMA), trimethoxyamphetamine
(TMA), lysergic acid diethylamine (LSD), gamma hydroxybutyrate (GHB), and those
similarly designed or newly introduced drugs and their derivatives, without having any
therapeutic value or if the quantity possessed is far beyond therapeutic requirement, as
determined and promulgated by the Board. (10 grams or more)

When found to be positive for dangerous drugs use during drug testing by accredited
laboratories or centers, the following persons8 shall be subject to the provisions of Section 15
of this law on Use of Dangerous Drugs:

(a) Applicants for driver’s license;

(b) Applicants for firearm’s license and for permit to carry firearms outside of residence;
(c) Students of secondary and tertiary schools, whether public or private, who underwent
random drug testing;
(d) Officers and employees of public and private offices, whether domestic or overseas,
who underwent random drug tests pursuant to the company’s work rules and
regulations;
(e) Officers and members of the military, police and other law enforcement agencies who
underwent annual mandatory drug tests;

6
Section 3(f), ibid. “Confirmatory Test”is an analytical test using a device, tool or equipment with a
different chemical or physical principle that is more specific which will validate and confirm the result of
the screening test.
7
The penalty is life imprisonment to death and a fine ranging from P500 Thousand to P10 Million.
8
Section 36, ibid.
 (f) All persons charged before the prosecutor’s office with a criminal offense having an
imposable penalty of imprisonment of not less than six (6) years and one (1) day who
underwent mandatory drug test; and
(g) All candidates for public office whether appointed or elected both in the national or
local government who underwent mandatory drug test.

It should be mentioned that in the consolidated cases of Social Justice Society (SJS), Atty.
Manuel J. Laserna, Jr. vs. Dangerous Drugs Board and the Philippine Drug Enforcement Agency and
Aquilino Q. Pimentel, Jr. vs. Commission on Elections,9 the Supreme Court En Banc declared as
unconstitutional Section 36 (f) and (g) or the provisions requiring mandatory drug test to all persons
charged before the prosecutor’s office with a criminal offense with an imposable penalty of
imprisonment of not less than six (6) years and one (1) day and the required mandatory drug test for all
candidates for public office whether appointed or elected both in the national or local government. But
in the same case, the Supreme Court declared as constitutional paragraphs c and d of Section 36 of
Republic Act No. 9165, which pertain to random drug testingof students of secondary and tertiary
schools, whether public or private, and the officers and employees of public and private offices,
whether domestic or overseas. This case is significant because persons charged before the
prosecutor’s office with a criminal offense with an imposable penalty of imprisonment of not less than
six (6) years and one (1) day could no longer be required to undergo a mandatory drug test. What was
the reason proffered by the Supreme Court? First, let us know the principal issues of the case, and they
are as follows:

(1) Do Sec. 36(g) of RA 9165 and COMELEC Resolution No. 6486 impose an additional
qualification for candidates for senator? Corollarily, can Congress enact a law prescribing qualifications
for candidates for senator in addition to those laid down by the Constitution? and

(2) Are paragraphs (c), (d), (f), and (g) of Sec. 36, RA 9165 unconstitutional? Specifically, do
these paragraphs violate the right to privacy, the right against unreasonable searches and seizure, and
the equal protection clause? Or do they constitute undue delegation of legislative power?

Just to give you an idea with respect to the case of Senator Pimentel, his contention is this,
“that Sec. 36(g) of RA 9165 and COMELEC Resolution No. 6486 illegally impose an additional
qualification on candidates for senator. He points out that, subject to the provisions on nuisance
candidates, a candidate for senator needs only to meet the qualifications laid down in Sec. 3, Art. VI of
the Constitution, to wit: (1) citizenship, (2) voter registration, (3) literacy, (4) age, and (5) residency.
Beyond these stated qualification requirements, candidates for senator need not possess any other
qualification to run for senator and be voted upon and elected as member of the Senate. The Congress
cannot validly amend or otherwise modify these qualification standards, as it cannot disregard, evade,
or weaken the force of a constitutional mandate, or alter or enlarge the Constitution.”The Supreme
Court sustained the contention of Senator Pimentel and declared Section 36 (g) unconstitutional.

On the other hand, in upholding the constitutionality of the provision on random drug testing
for students of secondary and tertiary schools, the Supreme Court held:

“In sum, what can reasonably be deduced from the above two cases and
applied to this jurisdiction are: (1) schools and their administrators stand in loco parentis
with respect to their students; (2) minor students have contextually fewer rights than
an adult, and are subject to the custody and supervision of their parents, guardians, and
schools; (3) schools, acting in loco parentis, have a duty to safeguard the health and
well-being of their students and may adopt such measures as may reasonably be
necessary to discharge such duty; and (4) schools have the right to impose conditions
on applicants for admission that are fair, just, and non-discriminatory.

Guided by Vernoniaand Board of Education, the Court is of the view and so

holds that the provisions of RA 9165 requiring mandatory, random, and

9
G.R. Nos. 157870, 158633, 161658, November 3, 2008.
 suspicionless drug testing of students are constitutional. Indeed, it is within the
prerogative of educational institutions to require, as a condition for admission,
compliance with reasonable school rules and regulations and policies. To be sure,
the right to enroll is not absolute; it is subject to fair, reasonable, and equitable
requirements.”

In upholding also the constitutionality of the provision on the random drug test forofficers and
employees of public and private offices, the Supreme Court held:

The first factor to consider in the matter of reasonableness is the nature of the
privacy interest upon which the drug testing, which effects a search within the meaning
of Sec. 2, Art. III of the Constitution, intrudes. In this case, the office or workplace
serves as the backdrop for the analysis of the privacy expectation of the employees and
the reasonableness of drug testing requirement. The employees’ privacy interest in an
office is to a large extent circumscribed by the company’s work policies, the collective
bargaining agreement, if any, entered into by management and the bargaining unit,
and the inherent right of the employer to maintain discipline and efficiency in the
workplace. Their privacy expectation in a regulated office environment is, in fine,
reduced; and a degree of impingement upon such privacy has been upheld.

x xx

“xxx In the case of students, the testing shall be in accordance with the school
rules as contained in the student handbook and with notice to parents. On the part of
officers/employees, the testing shall take into account the company’s work rules. In
either case, the random procedure shall be observed, meaning that the persons to be
subjected to drug test shall be picked by chance or in an unplanned way. And in all
cases, safeguards against misusing and compromising the confidentiality of the test
results are established.”

x xx

“To reiterate, RA 9165 was enacted as a measure to stamp out illegal drug in
the country and thus protect the well-being of the citizens, especially the youth, from
the deleterious effects of dangerous drugs. The law intends to achieve this through the
medium, among others, of promoting and resolutely pursuing a national drug abuse
policy in the workplace via a mandatory random drug test. To the Court, the need for
drug testing to at least minimize illegal drug use is substantial enough to override the
individual’s privacy interest under the premises. The Court can consider that the illegal
drug menace cuts across gender, age group, and social- economic lines. And it may not
be amiss to state that the sale, manufacture, or trafficking of illegal drugs, with their
ready market, would be an investor’s dream were it not for the illegal and immoral
components of any of such activities. The drug problem has hardly abated since the
martial law public execution of a notorious drug trafficker. The state can no longer
assume a laid back stance with respect to this modern-day scourge. Drug enforcement
agencies perceive a mandatory random drug test to be an effective way of preventing
and deterring drug use among employees in private offices, the threat of detection by
random testing being higher than other modes. The Court holds that the chosen
method is a reasonable and enough means to lick the problem.

Taking into account the foregoing factors, i.e., the reduced expectation of
privacy on the part of the employees, the compelling state concern likely to be met
by the search, and the well-defined limits set forth in the law to properly guide
authorities in the conduct of the random testing, we hold that the challenged drug
test requirement is, under the limited context of the case, reasonable and, ergo,
constitutional.
 Like their counterparts in the private sector, government officials and
employees also labor under reasonable supervision and restrictions imposed by the
Civil Service law and other laws on public officers, all enacted to promote a high
standard of ethics in the public service. And if RA 9165 passes the norm of
reasonableness for private employees, the more reason that it should pass the test for
civil servants, who, by constitutional command, are required to be accountable at all
times to the people and to serve them with utmost responsibility and efficiency.

And lastly, in declaring Section 36 (f) as unconstitutional, the Supreme Court held:

“Unlike the situation covered by Sec. 36(c) and (d) of RA 9165, the Court finds
no valid justification for mandatory drug testing for persons accused of crimes. In the
case of students, the constitutional viability of the mandatory, random, and
suspicionless drug testing for students emanates primarily from the waiver by the
students of their right to privacy when they seek entry to the school, and from their
voluntarily submitting their persons to the parental authority of school authorities. In
the case of private and public employees, the constitutional soundness of the
mandatory, random, and suspicionless drug testing proceeds from the reasonableness
of the drug test policy and requirement.

We find the situation entirely different in the case of persons charged before
the public prosecutor’s office with criminal offenses punishable with six (6) years and
one (1) day imprisonment. The operative concepts in the mandatory drug testing are
“randomness” and “suspicionless.” In the case of persons charged with a crime before
the prosecutor’s office, a mandatory drug testing can never be random or suspicionless.
The ideas of randomness and being suspicionless are antithetical to their being made
defendants in a criminal complaint. They are not randomly picked; neither are they
beyond suspicion. When persons suspected of committing a crime are charged, they
are singled out and are impleaded against their will. The persons thus charged, by the
bare fact of being haled before the prosecutor’s office and peaceably submitting
themselves to drug testing, if that be the case, do not necessarily consent to the
procedure, let alone waive their right to privacy. To impose mandatory drug testing on
the accused is a blatant attempt to harness a medical test as a tool for criminal
prosecution, contrary to the stated objectives of RA 9165. Drug testing in this case
would violate a persons’ right to privacy guaranteed under Sec. 2, Art. III of the
Constitution. Worse still, the accused persons are veritably forced to incriminate
themselves.

With such pronouncement of the Supreme Court, does it mean that persons who are
apprehended or arrested for violation of Republic Act No. 9165 could no longer be subjected to drug
test? The answer is no. This has been clarified in the case of Jaime Dela Cruz vs. People10 wherein the
Supreme Court speaking thru Chief Justice Sereno held:

First, "[a] person apprehended or arrested" cannot literally mean any person apprehended
or arrested for any crime.The phrase must be read in context and understood in
consonance with R.A. 9165. Section 15 comprehends persons arrested or apprehended for
unlawful acts listed under Article II of the law.

Hence, a drug test can be made upon persons who are apprehended or arrested for, among
others, the "importation," "sale, trading, administration, dispensation, delivery,
distribution and transportation","manufacture" and "possession" of dangerous drugs
and/or controlled precursors and essential chemicals; possession thereof "during parties,
social gatherings or meetings"; being "employees and visitors of a den, dive or
resort"; "maintenance of a den, dive or resort"; "illegal chemical diversion of controlled

10
G.R. No. 200748, July 23, 2014.
 precursors and essential chemicals" ; "manufacture or delivery" or "possession" of
equipment, instrument, apparatus, and other paraphernalia for dangerous drugs and/or
controlled precursors and essential chemicals; possession of dangerous drugs "during
parties, social gatherings or meetings" ; "unnecessary" or "unlawful" prescription thereof;
"cultivation or culture of plantsclassified as dangerous drugs or are sources thereof"; and
"maintenance and keeping of original records of transactions on dangerous drugs
and/orcontrolled precursors and essential chemicals." To make the provision applicable to
all persons arrested or apprehended for any crime not listed under Article II is tantamount
to unduly expanding its meaning. Note thataccused appellant here was arrested in the
alleged act of extortion.

Who is a Pusher?

A Pusher is any person who sells, trades, administers, dispenses, delivers or gives away to
another, on any terms whatsoever, or distributes, dispatches in transit or transports dangerous drugs or
who acts as a broker in any such transactions, in violation of this Act.11 The unlawful act applicable to
pusher is Section 5.

SECTION 5. SALE, TRADING, ADMINISTRATION, DISPENSATION, DELIVERY, DISTRIBUTION

and TRANSPORTATION of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals.

This act is committed by any person, who, unless authorized by law, shall sell12, trade,
administer13, dispense14, deliver15, give away to another, distribute, dispatch in transit or transport
any dangerous drug, including any and all species of opium poppy regardless of the quantity and
purity involved, or shall act as a broker in any of such transactions. It may also be violated by any
person who, unless authorized by law, shall so sell, trade, administer, dispense, deliver, give away to
another, distribute , dispatch in transit or transport any controlled precursor and essential chemical,
or shall act as a broker in such transactions.

Any person who acts as a “protector/coddler” of any violator of Section 5 shall also be punished.

What Circumstances Qualify the Imposable Penalty to its Maximum?

I. If the sale, trading16, administration, dispensation, deliver, distribution or

transportation of any dangerous drug and/or controlled precursor and essential
chemical transpires within one hundred (100) meters from the school17.

11
Section 3(ff), Ibid.
12
Section 3 (ii), ibid. “Sell” refers to any act of giving away any dangerous drug and/or controlled
precursor and essential chemical whether for money or any other consideration.
13
Section 3 (a), ibid. “Administer” refers to any act of introducing any dangerous drug into the body of
any person, with or without his/her knowledge, by injection, inhalation, ingestion or other means, or of
committing any act of indispensable assistance to a person in administering a dangerous drug to
himself/herself unless administered by a duly licensed practitioner for purposes of medication.
14
Section 3 (m), ibid. “Dispense” refers to any act of giving away, selling or distributing medicine or any
dangerous drug with or without the use of prescription.
15
Section 3 (k) ibid. “Deliver”refers to any act of knowingly passing a dangerous drug to another,
personally or otherwise, and by any means, with or without consideration.
16
Section 3 (jj), ibid. “Trading” refers to transactions involving the illegal trafficking of dangerous drugs
and/or controlled precursors and essential chemicals using electronic devices such as, but not limited to,
text messages, e-mail, mobile or landlines, two-way radios, internet, instant messages, and chat rooms
or acting as a broker in any of such transactions whether for money or any other consideration in
violation of RA 9165.
17
Section 3 (gg), ibid. “School” refers to any educational institution, private or public, undertaking
educational operation for pupils/students pursuing certain studies at defined levels, receiving
instruction from teachers , usually located in a building or a group of buildings in a particular physical or
cyber site.
 II. If the offender is a drug pusher who uses minors or mentally incapacitated individuals
as runners, couriers and messengers, or in any other capacity directly connected to the
dangerous drugs and/or controlled precursors and essential chemicals trade.
III. If the victim of the offense is a minor or a mentally incapacitated individual.
IV. If a dangerous drug and/or controlled precursor and essential chemical involved in any
offense under this Act is the proximate cause of death of a victim thereof.
V. If the offender organizes, manages or acts as a “financier” of any of the illegal activities
prescribed in Section 5 of the law.

In every prosecution for illegal sale of shabu under Section 5, Art. II of Republic Act No. 9165
or the “Comprehensive Dangerous Drugs Act of 2002,” the following elements must be
sufficiently proved: (1) the identity of the buyer and the seller, the object and the
consideration; and (2) the delivery of the thing sold and the payment therefor.18

Usually, Section 5 is enforced thru a buy-bust operation. In People vs. Tecson Lim, et al.,19 the
Supreme Court explained the concept of a buy-bust operation, to wit:

“Primarily, a buy-bust operation is a form of entrapment whereby ways and means

are resorted to for the purpose of trapping and capturing lawbreakers in the execution
of their criminal plan. Unless there is clear and convincing evidence that the members
of the buy-bust team were inspired by any improper motive or were not properly
performing their duty, their testimonies on the operation deserve full faith and credit.
When the police officers involved in the buy-bust operation have no motive to falsely
testify against the accused, the courts shall uphold the presumption that they have
performed their duties regularly. The courts, nonetheless, are advised to take caution in
applying the presumption of regularity. It should not by itself prevail over the
presumption of innocence and the constitutionally protected rights of the individual.
Thus, this Court discussed in People v. Doria the "objective" test in buy-bust operations
to determine the credibility of the testimonies of the police officers involved in the
operation:

We therefore stress that the "objective" test in buy-bust operations demands

that the details of the purported transaction must be clearly and adequately
shown. This must start from the initial contact between the poseur-buyer and
the pusher, the offer to purchase, the promise or payment of the
consideration until the consummation of the sale by the delivery of the illegal
drug subject of the sale. The manner by which the initial contact was made,
whether or not through an informant, the offer to purchase the drug, the
payment of the "buy-bust" money, and the delivery of the illegal drug,
whether to the informant alone or the police officer, must be the subject of
strict scrutiny by courts to insure that law-abiding citizens are not unlawfully
induced to commit an offense. Criminals must be caught but not at all cost. At
the same time, however, examining the conduct of the police should not
disable courts into ignoring the accused's predisposition to commit the crime.
If there is overwhelming evidence of habitual delinquency, recidivism or plain
criminal proclivity, then this must also be considered. Courts should look at all
factors to determine the predisposition of an accused to commit an offense in
so far as they are relevant to determine the validity of the defense of
inducement.”

Corollary to this, it is important to know the distinction between instigation and entrapment.
In the case of People vs. Victorio Pagkalinawan20, the distinction of the two was explained in this wise:

“Instigation is the means by which the accused is lured into the commission of the
offense charged in order to prosecute him. On the other hand, entrapment is the

18
People vs. Bertha Presas y Tolentino, G.R. No. 182525, March 2, 2011.
19
G.R. No. 187503, September 11, 2009.
20
G.R. No. 184805, March 3, 2010.
 employment of such ways and means for the purpose of trapping or capturing a
lawbreaker.

In People v. Lua Chu and Uy Se Tieng, the Court laid down the distinction between
entrapment and instigation, to wit:

ENTRAPMENT AND INSTIGATION.--While it has been said that the practice of

entrapping persons into crime for the purpose of instituting criminal prosecutions is to
be deplored, and while instigation, as distinguished from mere entrapment, has often
been condemned and has sometimes been held to prevent the act from being criminal
or punishable, the general rule is that it is no defense to the perpetrator of a crime that
facilities for its commission were purposely placed in his way, or that the criminal act
was done at the `decoy solicitation' of persons seeking to expose the criminal, or that
detectives feigning complicity in the act were present and apparently assisting in its
commission. This is true especially in that class of cases where the offense is one of a
kind habitually committed, and the solicitation merely furnishes evidence of a course of
conduct. Mere deception by the detective will not shield defendant, if the offense was
committed by him, free from the influence or instigation of the detective. The fact that
an agent of an owner acts as a supposed confederate of a thief is no defense to the
latter in a prosecution for larceny, provided the original design was formed
independently of such agent; and where a person approached by the thief as his
confederate notifies the owner or the public authorities, and, being authorized by them
to do so, assists the thief in carrying out the plan, the larceny is nevertheless
committed. It is generally held that it is no defense to a prosecution for an illegal sale of
liquor that the purchase was made by a `spotter,' detective, or hired informer; but there
are cases holding the contrary.

One form of entrapment is the buy-bust operation. It is legal and has been proved to be
an effective method of apprehending drug peddlers, provided due regard to
constitutional and legal safeguards is undertaken.”

Who is the Manufacturer contemplated in this law?

As can be deduced from the definition of manufacture,21 a Manufacturer is any person who is
engaged in the production, preparation, compounding or processing of any dangerous drug and/or
controlled precursor and essential chemical, either directly or indirectly or by extraction from
substances of natural origin or independently by means of chemical synthesis or by a combination
of extraction and chemical synthesis, and shall include any packaging or repackaging of such
substances, design or configuration of its form, or labelling or relabeling of its container; except
that such terms do not include the preparation, compounding, packaging or labelling of a drug or
substance in the course of his/her professional practice including research, teaching and chemical
analysis of dangerous drugs or such substances that are not intended for sale or for any other
purpose.

The unlawful act applicable to manufacturer is SECTION 8 – MANUFACTURE of

Dangerous Drugs and/or Controlled Precursors and Essential Chemicals

This is committed by any person, who, unless authorized by law, shall engage in the
manufacture of any dangerous drug and/or any controlled precursor and essential chemical.

21
Section 3(u), ibid. “Manufacture” refers to the production, preparation, compounding or processing of
any dangerous drug and/or controlled precursor and essential chemical, either directly or indirectly or
by extraction from substances of natural origin or independently by means of chemical synthesis or by a
combination of extraction and chemical synthesis, and shall include any packaging or repackaging of
such substances, design or configuration of its form, or labelling or relabeling of its container; except
that such terms do not include the preparation, compounding, packaging or labelling of a drug or
substance in the course of his/her professional practice including research, teaching and chemical
analysis of dangerous drugs or such substances that are not intended for sale or for any other purpose.
 Any person who acts as a “protector/coddler” of any violator of Section 8 shall also be
punished.

The presence of any controlled precursor and essential chemical or laboratory equipment 22
in the clandestine laboratory23 is a prima facie proof of manufacture of any dangerous drug. It
shall be considered an aggravating circumstance.

What Circumstances Qualify the Imposable Penalty to its Maximum?

I. If the clandestine laboratory is undertaken or established under the following

circumstances:
(a) Any phase of the manufacturing process was conducted in the presence or with the
help of minor/s.
(b) Any phase or manufacturing process was established or undertaken within one
hundred (100) meters of a residential, business, church or school premises.
(c) Any clandestine laboratory was secured or protected with booby traps.
(d) Any clandestine laboratory was concealed with legitimate business operations.
(e) Any employment of a practitioner24, chemical engineer, public official or foreigner.

II. If the offender organizes, manages or acts as a “financier”25 of any of the illegal
activities prescribed in Section 8 of the law.

Who is a Protector/Coddler?

A Protector/Coddler refers to any person who knowingly and wilfully consents to the unlawful
acts provided for in RA 9165 and uses his/her influence, power or position in shielding, harbouring,
screening or facilitating the escape of any person he/she knows, or has reasonable grounds to
believe on or suspects, has violated the provisions of said Act in order to prevent arrest,
prosecution, and conviction of the violator.26

What unlawful acts of a protector/coddler are penalized under RA 9165?

1. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals (Sec. 4);
2. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of
Dangerous Drugs and/or Controlled Precursors and Essential Chemicals (Sec. 5);
3. Maintenance of a Den, Drive or Resort (Sec. 6);
4. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals (Sec.
8); and
5. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof (Sec. 16).

The penalty to be imposed to any person who acts as a “protector/coddler” under any of the
Sections of RA 9165 mentioned above is imprisonment of 12 years and 1 day to 20 years and a fine
ranging from P100 Thousand to P500 Thousand. If a “protector/coddler” is a government official or
employee, the maximum penalties of the unlawful acts mentioned above shall be imposed, in addition
to absolute perpetual disqualification from any public office. This can be deduced from Section 28
(Criminal liability of Government Officials and Employees) of RA 9165.

22
Section 3(t), ibid. “Laboratory Equipment” refers to the paraphernalia, apparatus, materials or
appliances when used, intended for use or designed for use in the manufacture of any dangerous drug
and/or controlled precursor and essential chemical, such as reaction vessel, preparative/purifying
equipment, fermenters, separatory funnel, flask, heating mantle, gas generator, or their substitute.
23
Section 3(e), ibid. “Clandestine Laboratory” refers to any facility used for the illegal manufacture of
any dangerous drug and/or controlled precursor and essential chemical.
24
Section 3(dd), ibid. “Practitioner” refers to any person who is a licensed physician, dentist, chemist,
medical technologist, nurse, midwife, veterinarian or pharmacist in the Philippines.
25
Section 3 (q), ibid. “Financier” refers to any person who pays for, raises or supplies money for, or
underwrites any of the illegal activities under this Act.
26
Section (ee), Ibid.
What is Planting of Evidence?

“Planting of Evidence” refers to the wilful act by any person or maliciously and surreptitiously
inserting, placing, adding or attaching directly or indirectly, through any overt or covert act,
whatever quantity or any dangerous drug and/or controlled precursor and essential chemical in the
person, house, effects or in the immediate vicinity of an innocent individual for the purpose of
implicating, incriminating or imputing the commission of any violation of RA 9165. [Section3(cc)]

Under SECTION 29 of RA 9165 (PLANTING of EVIDENCE), any person found guilty of

“planting” any dangerous drug and/or controlled precursor and essential chemical, regardless of
quantity and purity thereof, shall be liable under this law, and the penalty is DEATH.

At this juncture, let us now discuss Section 21 of RA 9165, a provision which provides for the proper
handling and preservation of confiscated, seized and/or surrendered dangerous drugs. In the case of
People vs. Salvador Sanchez y Espiritu,27 the Supreme Court, speaking through Justice Arturo D. Brion,
said that complying with the standard safeguards set forth under Section 21 and/or the “Chain of
Custody Rule”, - which requires that the “marking” of the seized items – to truly ensure that they
are the same items that enter the chain and are eventually the ones offered in evidence – should be
done (1) in the presence of the apprehended violator (2) immediatelyupon confiscation, isa step
which initiates the process of protecting innocent persons from dubious and concocted searches, and
of protecting as well the apprehending officers from harassment suits based on planting of
evidence under Section 29 and on allegations of robbery or theft.

The required procedure on the seizure and custody of drugs is embodied in Section 21, paragraph 1,
Article II of R.A. No. 9165, which states:

1) The apprehending team having initial custody and control of the drugs shall,
immediately after seizure and confiscation, physically inventory and photograph the
same in the presence of the accused or the person/s from whom such items were
confiscated and/or seized, or his/her representative or counsel, a representative from
the media and the Department of Justice (DOJ), and any elected public official who
shall be required to sign the copies of the inventory and be given a copy thereof.
[Emphasis ours]

This is implemented by Section 21(a), Article II of the Implementing Rules and Regulations of R.A.
No. 9165, which reads:

(a) The apprehending officer/team having initial custody and control of the drugs shall,
immediately after seizure and confiscation, physically inventory and photograph the
same in the presence of the accused or the person/s from whom such items were
confiscated and/or seized, or his/her representative or counsel, a representative from
the media and the Department of Justice (DOJ), and any elected public official who
shall be required to sign the copies of the inventory and be given a copy thereof: x xx
Provided, further that non-compliance with these requirements under justifiable
grounds, as long as the integrity and the evidentiary value of the seized items are
properly preserved by the apprehending officer/team, shall not render void and invalid
such seizures of and custody over said items. [Emphasis supplied]

What is the effect of failure to comply with the requirements of Section 21 of RA 9165?

In the said case of People vs. Sanchez, the Supreme Court answered the question in this manner:
“We recognize that the strict compliance with the requirements of Section 21 of R.A. No. 9165 may not
always be possible under field conditions; the police operates under varied conditions, many of them

27
G.R. No. 175832, October 15, 2008.
far from ideal, and cannot at all times attend to all the niceties of the procedures in the handling of
confiscated evidence. The participation of a representative from the DOJ, the media or an elected
official alone can be problematic. For this reason, the last sentence of the implementing rules provides
that “non-compliance with these requirements under justifiable grounds, as long as the integrity and the
evidentiary value of the seized items are properly preserved by the apprehending officer/team, shall not
render void and invalid such seizures of and custody over said items.” Thus, non-compliance with the
strict directive of Section 21 of R.A. No. 9165 is not necessarily fatal to the prosecution’s case; police
procedures in the handling of confiscated evidence may still have some lapses, as in the present case.
These lapses, however, must be recognized and explained in terms of their justifiable grounds and the
integrity and evidentiary value of the evidence seized must be shown to have been preserved.”

In the same case of People vs. Sanchez, the Supreme Court extensively discussed the “Chain of
Custody Rule” and its application, to wit:

“Under Section 5, Article II of R.A..No. 9165, the elements necessary in every

prosecution for the illegal sale of shabu are: (1) the identity of the buyer and the seller,
the object and the consideration; and (2) the delivery of the thing sold and the payment
therefor. Implicit in all these is the need for proof that the transaction or sale actually
took place, coupled with the presentation in court of evidence of corpus delicti - the
body of the crime whose core is the confiscated illicit drug.

Proof beyond reasonable doubt demands that unwavering exactitude be

observed in establishing the corpus delicti: every fact necessary to constitute the crime
must be established. The chain of custody requirement performs this function in buy-
bust operations as it ensures that doubts concerning the identity of the evidence are
removed. In a long line of cases, we have considered it fatal for the prosecution to fail
to prove that the specimen submitted for laboratory examination was the same one
allegedly seized from the accused.

Black’s Law Dictionary explains chain of custody in this wise:

In evidence, the one who offers real evidence, such as narcotics in a

trial of drug case, must account for the custody of the evidence from the
moment in which it reaches his custody until the moment in which it is offered
in evidence, and such evidence goes to the weight not to admissibility of
evidence. Com. V. White, 353 Mass. 409, 232 N.E.2d 335.

Likewise, Section 1(b) of Dangerous Drugs Board Regulation No. 1, Series of

2002 which implements R.A.No. 9165 defines “chain of custody” as follows:

“Chain of Custody” means the duly recorded authorized movements and

custody of seized drugs or controlled chemicals or plant sources of dangerous
drugs or laboratory equipment of each stage, from the time of
seizure/confiscation to receipt in the forensic laboratory to safekeeping to
presentation in court for destruction. Such record of movements and custody
of seized item shall include the identity and signature of the person who held
temporary custody of the seized item, the date and time when such transfer
of custody were made in the course of safekeeping and use in court as
evidence, and the final disposition.

Although this regulation took effect on October 18, 2002 (or after the
commission of the crime charged), it is nonetheless useful in illustrating how the
process of preserving the integrity of the chain of custody of the seized drugs is ensured
and maintained. That the police failed to approximate these safeguards and the
prosecution failed to prove the identity of the specimen allegedly seized and the
specimen submitted as evidence during the trial is evident from SPO2 Sevilla himself
who testified as follows:

FISCAL GIBSON ARAULA:

Q: After informing [the accused] of his constitutional right what

happened Mr. Witness?

SPO2 LEVI SEVILLA

A: We brought him to our station.

Q: How about the transparent plastic sachet, where is it?

A: It is in my possession.

Q: How about the buy-bust money in the amount of P100.00?

A: I recovered it from the right pants pocket.

Q: Now you said that you brought the accused to the Police
Station, what happened to the Police Station?

A: We turn him over to the Desk Officer.

Q: What did you turn over?

A: The accused and the evidences, the plastic shabu sir.

Q: Before you turn over that plastic sachet Mr. Witness, what
did you put there?

A: I put my initial and initial of the accused.

x xxx

Q: By the way Mr. Witness after you turned over to the

investigator the plastic sachet, did you happen to know
where the investigator brought the plastic sachet?

A: I gave that plastic sachet first to the table of the Desk Officer
and the Desk Officer gave it to the investigator.

FISCAL GIBSON ARAULA:

That would be all for the witness.

Significantly, this was the only testimony in the case that touched on the chain
of custody of the seized evidence. It failed to disclose the identities of the desk officer
and the investigator to whom the custody of the drugs was given, and how the latter
handled these materials. No reference was ever made to the person who submitted the
seized specimen to the PNP Crime Laboratory for examination. Likewise, no one
testified on how the specimen was handled after the chemical analysis by the forensic
chemist. While we are aware that the RTC's Order of August 6, 2003 dispensed with the
testimony of the forensic chemist because of the stipulations of the parties, we view
the stipulation to be confined to the handling of the specimen at the forensic laboratory
and to the analytical results obtained. The stipulation does not cover the manner the
 specimen was handled before it came to the possession of the forensic chemist and
after it left his possession. To be sure, personnel within the police hierarchy (as SPO2
Sevilla’s testimony casually mentions) must have handled the drugs but evidence of
how this was done, i.e., how it was managed, stored, preserved, labeled and recorded
from the time of its seizure, to its receipt by the forensic laboratory, up until it was
presented in court and subsequently destroyed – is absent from the evidence adduced
during the trial. To repeat an earlier observation, even the time and place of the initial
marking of the alleged evidence are not at all certain as the testimony on this point varies.

The recent case of Lopez v. People28 is particularly instructive on how we expect

the chain of custody or “movement” of the seized evidence to be maintained and why
this must be shown by evidence:

As a method of authenticating evidence, the chain of custody rule

requires that the admission of an exhibit be preceded by evidence sufficient to
support a finding that the matter in question is what the proponent claims it
to be. It would include testimony about every link in the chain, from the
moment the item was picked up to the time it is offered into evidence, in
such a way that every person who touched the exhibit would describe how
and from whom it was received, where it was and what happened to it
while in the witness' possession, the condition in which it was received and
the condition in which it was delivered to the next link in the chain. These
witnesses would then describe the precautions taken to ensure that there
had been no change in the condition of the item and no opportunity for
someone not in the chain to have possession of the same.

While testimony about a perfect chain is not always the standard because
it is almost always impossible to obtain, an unbroken chain of custody
becomes indispensable and essential when the item of real evidence is not
distinctive and is not really identifiable, or when its condition at the time of
testing or trial is critical, or when a witness has failed to observe its
uniqueness. The same standard likewise obtains in case the evidence is
susceptible to alteration, tampering, contamination and even substitution
and exchange. In other words, the exhibit's level of susceptibility to
fungibility, alteration or tampering – without regard to whether the same is
advertent or otherwise not – dictates the level of strictness in the application
of the chain of custody rule. [Emphasis ours]

Where is the venue of physical inventory and photograph requirement under Section 21 vis-a-vis
the “marking” of seized evidence?

People vs. Sanchez provided theanswer, to quote:

“While the first sentence of Section 21(a) of the Implementing Rules and
Regulations of R.A. No. 9165 states that “the apprehending officer/team having
initial custody and control of the drugs shall, immediately after seizure and
confiscation, physically inventory and photograph the same,” the second sentence
makes a distinction between warrantless seizures and seizures by virtue of a
warrant, thus:

(a) x xxProvided, that the physical inventory and photograph shall

be conducted at the place where the search warrant is served; or at the
nearest police station or at the nearest office of the apprehending
officer/team, whichever is practicable, in case of warrantless seizures;
Provided, further that non-compliance with these requirements under

28
G.R. No. 172953, April 30, 2008 (citations omitted).
 justifiable grounds, as long as the integrity and the evidentiary value of
the seized items are properly preserved by the apprehending officer/team,
shall not render void and invalid such seizures of and custody over said
items. [Emphasis supplied]

Thus, the venues of the physical inventory and photography of the seized
items differ and depend on whether the seizure was made by virtue of a search
warrant or through a warrantless seizure such as a buy-bust operation.

In seizures covered by search warrants, the physical inventory and

photograph must be conducted in the place where the search warrant was served.
On the other hand, in case of warrantless seizures such as a buy- bust operation,
the physical inventory and photograph shall be conducted at the nearest police
station or office of the apprehending officer/team, whichever is practicable;
however, nothing prevents the apprehending officer/team from immediately
conducting the physical inventory and photography of the items at the place where
they were seized, as it is more in keeping with the law’s intent of preserving their
integrity and evidentiary value.

What Section 21 of R.A. No.9165 and its implementing rules do not

expressly specify is the matter of “marking” of the seized items in warrantless
seizures to ensure that the evidence seized upon apprehension is the same evidence
subjected to inventory and photography when these activities are undertaken at
the police station rather than at the place of arrest. Consistency with the "chain of
custody" rule requires that the “marking” of the seized items – to truly ensure
that they are the same items that enter the chain and are eventually the ones
offered in evidence – should be done (1) in the presence of the apprehended violator
(2) immediatelyupon confiscation.”

What are the implications of failure to comply with Sec. 21, paragraph 1?
People vs. Sanchez held:

“In People v. Orteza, the Court had the occasion to discuss the implications of
the failure to comply with Section 21, paragraph 1, to wit:

… In People v. Laxa, where the buy-bust team failed to mark the

confiscated marijuana immediately after the apprehension of the accused,
the Court held that the deviation from the standard procedure in anti-
narcotics operations produced doubts as to the origins of the marijuana.
Consequently, the Court concluded that the prosecution failed to establish the
identity of the corpus delicti.

The Court made a similar ruling in People v. Kimura, where the

Narcom operatives failed to place markings on the seized marijuana at the
time the accused was arrested and to observe the procedure and take
custody of the drug.

More recently, in Zarraga v. People, the Court held that the material
inconsistencies with regard to when and where the markings on the shabu
were made and the lack of inventory on the seized drugs created reasonable
doubt as to the identity of the corpus delicti. The Court thus acquitted the
accused due to the prosecution's failure to indubitably show the identity of
the shabu. [Emphasis supplied]”

Another important provisions of RA 9165 that you should be reminded are:

 1) SECTION 27. Public Officer or Employee Liable for MISAPPROPRIATION,
MISAPPLICATION or FAILURE to ACCOUNT for the Confiscated, Seized and/or
Surrendered Dangerous Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment Including the Proceeds or
Properties Obtained from the Unlawful Act Committed

Any public officer or employee who misappropriates, misapplies or fails to account for
confiscated, seized or surrendered dangerous drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals, instruments/paraphernalia and/or laboratory
equipment including the proceeds or properties obtained from the unlawful acts shall be liable
under this law and shall suffer absolute perpetual disqualification from any public office. The
penalty is life imprisonment to death and fine ranging from P500 Thousand to P10 Million.

If said offender is an elective local or national official found to have benefited from the proceeds
of the trafficking of dangerous drugs, or have received any financial or material contributions or
donations from natural or juridical persons found guilty of trafficking dangerous drugs, he shall
be removed from office and perpetually disqualified from holding any elective or appointive
positions in the government, its divisions, subdivisions, and intermediaries, including
government-owned or controlled corporations.

2) SECTION 91. FAILURE or REFUSAL to TESTIFY in PROCEEDINGS INVOLVING

OFFENSES UNDER THIS LAW

This is committed by any member of law enforcement agencies or any other government official
and employee who, after due notice, fails or refuses intentionally or negligently, to appear as a
witness for the prosecution in any proceedings, involving violations of this law, without any
valid reason. His criminal liability hereunder is without prejudice to the administrative liability
that may be imposed on him by his immediate superior and/or the appropriate body. The
penalty is imprisonment of 12 years and 1 day to 20 years and a fine of not less than
P500,000.00.

The offender’s immediate superior or responsible government officer shall likewise be liable under
this law and may suffer perpetual absolute disqualification from public office in the event that:

(a) Despite due notice to him and to the witness concerned, he (the immediate superior
or government officer) does not exert reasonable effort to present such witness to
the court.

(b) He (the immediate superior or government officer) does not notify the court where
the case is pending of the order to transfer or re-assign the aforementioned member
of the law enforcement agency or government employee within twenty-four (24)
hours from its approval. The penalty is imprisonment of not less than 2 years but not
more than 6 years, fine with accessory penalty of perpetual absolute disqualification
to hold public office.

3) SECTION 92. DELAY and BUNGLING in the PROSECUTION of Drug Cases

Any government officer or employee tasked with the prosecution of drug-related cases under
this law, who, through patent laxity, inexcusable neglect, unreasonable delay or deliberately
causes the unsuccessful prosecution and/or dismissal of the said drug cases, shall be liable
hereunder. The penalty is imprisonment ranging from 12 years and 1 day to 20 years without
prejudice to his/her prosecution under the pertinent provisions of the Revised Penal Code.

Criminal Forfeiture of the Proceeds and Instruments of the Unlawful Act

How are confiscated, seized and forfeited dangerous drugs disposed of?
SECTION 20. CONFISCATION and FORFEITURE of the PROCEEDS or INSTRUMENTS of the
Unlawful Act, Including the PROPERTIES or PROCEEDS Derived from the Illegal Trafficking29 of
Dangerous Drugs and/or Precursors and Essential Chemicals

Every penalty imposed for the unlawful importation, sale, trading, administration,
dispensation, delivery, distribution, transportation or manufacture of any dangerous drug and/or
controlled precursor and essential chemical, the cultivation or culture of plants which are sources of
dangerous drugs, and the possession of any equipment, instrument, apparatus and other
paraphernalia for dangerous drug including other laboratory equipment, shall carry with it the
confiscation and forfeiture, in favor of the government, of all the proceeds and properties
derived from the unlawful act, including, but not limited to money and other assets obtained
thereby, and the instruments or tools with which the particular unlawful act was committed,
unless they are the property of a third person not liable for the unlawful act, but those which are not
of lawful commerce shall be ordered destroyed without delay.

The PDEA shall take charge and have custody of all dangerous drugs, plant sources of
dangerous drugs, controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered,
for proper disposition. (Section 21)

The Land and/or greenhouses on which plant sources of dangerous drugs are cultivated or
cultured shall be confiscated and escheated in favour of the State, unless the owner thereof can
prove lack of knowledge of such cultivation or culture despite the exercise of due diligence on
his/her part. (Section 16)

Moreover, if the den, dive or resort where any prohibited drug is used or sold in any form, is
owned by a third person, the same shall be confiscated and escheated in favor of the government.
However, the criminal complaint must name the owner of the place as an accused and must
specifically allege that said place is intentionally used in the furtherance of the crime. The
prosecution must also prove intent on the part of the owner to use the property for such purpose.
(Section 6)

29
Section 3(r), ibid. “Illegal Trafficking” refers to the illegal cultivation, culture, delivery, administration,
dispensation, manufacture, sale, trading, transportation, distribution, importation, exportation and
possession of any dangerous drug and/or controlled precursor and essential chemical.
 QUESTIONED DOCUMENT EXAMINATION

CHAPTER I: ITS CONCEPT

Document Defined

Generally, defined as any material containing marks, symbols, or signs either visible, or partially
visible that may present or ultimately convey a meaning to someone, maybe in the form of pencil, ink
writing, typewriting, or printing on paper.

Legal Definitions of Document

1 Any written document by which a right is established or an obligation is extinguished (People vs.
Moreno, CA, 338 O.G. 119);
2 Every deed or instrument executed by person by whom some disposition or agreement is proved,
evidenced or set forth (People vs. Nillosquin, CA, 48 O.G. 4453) ;
3 In relation to Criminal Jurisprudence under the Best evidence rule, document refers to any physical
embodiment of information of ideas (e.g. a letter, a contract, a receipt, a book of account, a blue
print, or an X-ray plate)

Kinds of documents

a PUBLIC DOCUMENT- notarized by a notary public or competent public official with solemnities
required by law. (Cacnio vs. Baens, 5Phil.742)
b OFFICIAL DOCUMENT- issued by the government or its agents or its officers having the
authority to do and the offices, which in accordance with their creation, they are authorized to
issue and be issued in the performance of their duties.
c PRIVATE DOCUMENT- executed by a private person without the intervention of a notary public
or of any person legally authorized, by which documents some disposition or agreement is
proved, evidenced or set forth (US vs. Orera, 11Phil.596).
d COMMERCIAL DOCUMENT- executed in accordance with the Code of Commerce or a
Mercantile Law, containing disposition of commercial rights or obligations.
 If a private document is intended to become a part of the public record and
falsified prior thereto, the crime committed is falsification of a public document

Writings Which Do Not Constitute Document

a A draft of a Municipal payroll which is not yet approved by the proper authority (People vs.
Camacho, 44Phil. 484)
b Mere blank forms of official documents, the spaces of which are not filled up (People vs.
Santiago, CA, 48 O.G. 4558)
c Pamphlets or books which do not evidence any disposition or agreement are not documents
but are mere merchandise (People vs. Agnis, 47 Phil. 945)
Concept of Questioned Document

Questioned document is one in which the facts appearing therein may not be true, and are contested
either in whole or part with respect to its authenticity, identity, or origin. It may be a deed, contract,
will, election ballots, marriage contract, check, visas, application form, check writer, certificates, etc.

Questioned document examination is a branch of forensics which focuses on the analysis of

documents which are disputed. A questioned document examiner will look at the document in question
and use a variety of techniques to analyze it, and he or she may even be called as a witness in a case,
depending on the outcome of the examination.

Disputed Document

Disputed Document is a term suggesting that there is an argument or controversy over the document,
and strictly speaking this is its true meaning.

Goal of Questioned Document Examination

When a questioned document examination is ordered, the first goal is to determine whether or
not the document is genuine. Once the veracity of the document can be proved or disproved, the
questioned document examination focuses on identifying or eliminating potential authors of the
document. The examiner will then produce a complete report, discussing the findings and their
ramifications, and he or she may be asked to testify in court about the document.

In comparison of questioned document, what constitute sufficient number of similarity?

There is no set of standard to constitute a sufficient number. Instead, it's up to each expert to
say what constitutes a sufficient number.

Requirements to Become A Questioned Document Examiner

The courts (State v. Evans 1991) have decided that a person needs both: study and practice -
that is, a period of training (internship or apprenticeship is better than a self-study course) and a period
of experience (twenty some previous cases worked on is a good average).

Meant by the term “EXPERT WITNESS”?

A legal term used to describe a witness who by reason of his special training or experience is
permitted to express an opinion regarding the issue, or a certain aspect of the issue, which is involved in
a court action.

Who are DOCUMENT EXAMINERS?

One who studies scientifically details and elements of documents in order to identify their
source or to discover other facts concerning them

Divisions of Questioned Document Examination?

a Criminalistic Examination- involves the detection of forgery, erasure, alteration or obliteration

of documents.
b Handwriting Investigation /Analysis- more focused in determining the author of writing.

Classes of Questioned Document

The following are the general classification of QD.

a Documents with questioned signatures;

b Questioned documents alleged to have been containing fraudulent alterations;
 c Questioned or disputed holographic wills;
d Documents investigated on the question of typewriting;
e Questioned documents on issues of their age or date;
f Questioned documents on issues of material used in their production; and,
g Documents or writing investigated because it is all alleged that they identify some persons
through handwriting.

Scientific Methods In Questioned Document Examination

a Analysis (Recognition)- properties or characteristics, observed or measured.

b Comparison- Properties or characteristics of the unknown determined through analysis are now
compared with the familiar or recorded properties of know items.
c Evaluation- Similarities or dissimilarities in properties will each have a certain value for
identification, determined by its likelihood of occurrence.

CHAPTER II

EXEMPLAR

Concept of the Term Exemplars

Exemplar is a term used by some document examiners and attorneys to characterize know
materials. Standard is the older term. Standard documents are condensed and compact set of
authentic specimens which, if adequate and proper, should contain a cross section of the material from
a know source. “Standard” in questioned documents investigation, means those things whose origins
are known and can be proven and which can be legally used as examples to compare with other matters
in question.

To help the document examiner support her opinion satisfactorily to the court, provide her with
as many valid exemplars as possible at the beginning of the case. Exemplars, also called standards, are
legally admissible authentic samples of handwriting used for comparison with questioned writing. They
are used by the document examiner to enable her to form an opinion concerning the authenticity of
handwriting in dispute. There are two kinds of exemplars (informal which are documents previously
executed and known to be genuine) and formal (which are request writing samples). Exemplars are also
called known handwriting samples.

Handwriting identification depends on the quality of the known writing. One of the most
important steps in the investigation of suspected or disputed writing is the procurement of sufficient
genuine writing samples. Legal advisers and investigating officers must be able to anticipate the
document examiner's needs in the way of comparative material. Sufficient suitable material facilitates
the work of the expert in establishing the master pattern or habits of the writer in order to avoid errors
and in conclusions. A document examiner who must work with insufficient writing has a more difficult
task and may not be able to draw adequate conclusions from the limited material.

Informal handwriting exemplars (Collected Standards) are more reliable for comparison
purposes than request writing. Since informal writing was written in the normal course of business, it
more accurately reflects the subconscious habits of the writer. Self-consciousness or conscious-
awareness enters into the request writing process. Even when there is no attempt to disguise request
writing, it may not represent the normal subconscious habits of the writer.

If informal exemplars are not sufficient or suitable for comparison purposes, request writing
should be taken from the victim as well as any suspects. Often the only way to obtain comparable
handwriting samples is through request writing. There are some disadvantages to request writing that
must be taken into consideration.
Types of Handwriting “Standards”

a Collected Standards are KNOWN (genuine) handwriting of an individual written in the

course of daily life, both business and socials.

b Request standards are signature or other handwritings (or hand printings) written by an
individual upon request for the purpose of comparison with other handwriting or for
specimen purposes.

c Post Litem Motan Exemplars- writings produced by the subject after evidential writings
have come into dispute and solely for the purpose of establishing his contentions.

Disadvantages of Request Writing Samples

Request writing taken after the incident may not be as close to the date of the questioned writing as
informal documents executed in the normal course of business. Courts consider request writing taken
after the fact as self-serving and may not allow it. Some writers will deliberately disguise their request
handwriting. The person taking the request writing needs to take this into consideration. Suggestions
for taking request writing are covered later in this chapter.

It may be difficult or impossible to duplicate the writing environment of the suspect document
in order to obtain comparable documents. The writer may not be available for request writing or
circumstances may have caused changes that make it impossible to obtain similar request writing
samples.

SUGGESTED PROCEDURE FOR TAKING REQUEST HANDWRITING STANDARDS IN ALL TYPES

OF QUESTIONED-DOCUMENT PROBLEMS:

a Let subject seat in a natural position at table or desk having smooth writing surface.

b Furnish subject with paper and writing instrument similar to those used in questioned
writings, lie; paper should be same size, and ruled or unruled; as questioned document.

c Never permit the subject to see any writing on the questioned document.

d Dictate material to be written (or printed, if questioned material is hand printed): give no
assistance in spelling or arrangement on page. Dictate at a rate of speed which will produce
the subject natural writing habits.

e Remove each specimen upon completion by subject number in consequence, date, time
and identify by initiating each, and request subjects to sign each specimen.

f Observe all writing done by subjects and indicate any attempt of disguise, and whether
subjects appears to be normally right or left handed, etc.

Collecting Informal Exemplars

Exemplars must be suitable for comparison with the questioned writing. Since handwriting can
be found on many different types of surfaces, comparison materials should, when possible, duplicate
the conditions under which the questioned document was executed. While this is usually done with
request writing, it may be harder to locate informal writing samples that meet these criteria. Locating
material to be used as evidence may require considerable effort on the part of the investigator.
Comparison materials should, when possible, is written under the same conditions under which the
questioned documents were executed. While this is the standard method of taking request writing, it is
impossible to control the writing environment of informal writing samples.

Try to obtain signatures that are similar to the questioned signature. If the questioned signature
is in ink, get signatures in ink, if it is in pencil, get documents written in pencil for comparison. If the
questioned document is on lined paper, find documents written on lined paper. If the questioned
document contains hand printing, collect documents that are hand printed.
 Where no similar documents are available, try to locate documents whose authenticity can be
verified such as cancelled checks that have been accepted by a bank. Other documents executed in the
regular course of business are also suitable.

The date of the questioned writing must be taken into consideration when looking for suitable
comparable documents. While an adult's handwriting may remain constant for many years, writing
habits normally change over time so that an outdated standard may be unsatisfactory for comparison
purposes. All writing samples are not of equal value and some may be of no value at all.

When gathering handwriting for comparison purposes, it is necessary to keep in mind that
various factors cause changes in handwriting. Age and illness may lead to the deterioration of writing
skills, which can be an important consideration in a disputed, will case. A teenager's handwriting may
change drastically in as short a time frame as a year. A drug addict may undergo a radical change in
handwriting as his addiction takes over. Handwriting samples taken prior to the addiction are not going
to accurately reflect later writing.

Handwriting changes gradually over a person's lifetime but some factors can cause drastic
changes in handwriting in a short period of time; therefore it is essential to compare handwriting from a
similar time frame and under similar conditions. Trauma such as stroke, illness, or loss of a spouse; or
medication, or substance abuse can affect handwriting. If a person's writing has changed drastically
around the time the questioned document was executed, there may not be comparable material
available.

Ideally, writing executed around the date of the questioned material should be used for
comparison purposes, some dated shortly before and after the date of the questioned material. What
time frame is considered suitable? Documents executed within two to three years are most suitable. If
these are not available, documents dating further from the questioned material may be used. Do not
rely on present-day writing exclusively, if possible.

Make sure the handwriting exemplars are not in dispute and that they can be authenticated.
Any uncontradicted testimony of competent eye witnesses who saw the execution of the writing can be
used to verify its authenticity. Courts accept the testimony of the author admitting genuineness or
someone to whom the author has admitted genuineness. The testimony of a person who received
writing from the author and acted on it is also valid, though not necessarily accurate. Documents
executed in the normal course of business are frequently used for comparison purposes which includes
negotiable instruments such as checks, contracts, and other business documents.

Document examiners have given erroneous conclusions based on forged exemplars. When the
exemplars have been fabricated by the same writer as the forged material, an opinion of authenticity
based on false information will occur. Document examiners mistakenly identified Adolph Hitler as the
author of the Hitler Diaries because they used forged exemplars of Hitler for comparison.

How Many Samples Of Handwriting Are Needed?

The type of case determines the number of exemplars that the document examiner needs for
comparison with the questioned documents. Always try to collect as many samples as possible because
it is more important to have suitable undisputed samples than a large quantity of little comparable
value. Cases have been won in court using a single known signature to support the authenticity of a
questioned document. One signature is sufficient when all the characteristics of handwriting match.
When proving that an individual did not write a questioned document, it is necessary to obtain a larger
range of writing and one hundred signatures may not be enough. An average would be twenty to
twenty-five signatures and four to five pages of normal handwriting and/or hand printing preferably
written at different times.

More known documents are needed if the writer has a wide range of variation or an
oversimplified signature, while only a few signatures would suffice if the writer is consistent. An
oversimplified signature is one that contains few changes of direction and is usually an illegible scrawl.
Oversimplified signatures are easier to imitate than more complex signatures that contain more
changes of direction and more stylized letter forms.
 When a questioned signature shows obvious signs of forgery not present in the known
signature, one known signature should be enough to prove no genuineness. Forged writing often
contains tremor or has a drawn look.

A single signature would be sufficient to determine the facts when the questioned signatures
are written with a higher skill level than the suspected writer could execute. However, it is better to
have more exemplars whenever possible. The document examiner must evaluate the exemplars to
determine if she has sufficient suitable material to render an accurate opinion.

SUITABLE EXEMPLARS

Cancelled checks, contracts, applications, and business letters make suitable exemplars or
standards. The writing can be properly identified, the date can be verified, and the habits of the writer
can be studied. Additional standards may be needed if the words on the disputed writing do not match
the exemplars.

Ideally, original writing should be available for the scrutiny of the document examiner. Original
writing is always better than a photocopy or a facsimile. If it is impossible to obtain original documents,
a first generation photocopy should be supplied. The original documents should be requested
whenever a photocopy is supplied by the adverse party. Intermediate tones are almost always lost in a
photocopy because it aims to secure the greatest possible contrast. Subsequent generations of
photocopies may drop sufficient detail, rendering them worthless to a competent document examiner.

According to the FBI Law Enforcement Bulletin published in September, 1970, handwriting
identification depends on the quality of the known writing. A's cannot be compared with G’s ‘John
Jones' cannot be compared with 'Samuel Hansen' The J's must be compared with J's and the 'ohn's'
with 'ohn's.' Handwriting cannot be compared with hand printing.

Documents similar in nature will make the best exemplars. Contracts should be compared with
contracts, and cancelled checks with cancelled checks. Try to procure like signatures. An A should be
compared with A, an Al with Al, and hand printing with hand printing. Documents written with ink
should be compared with other documents written in ink. Try to find writing on similar documents.
People often have more than one style signature depending on the document being executed. Checks
may be executed in a more careless manner than wills and contracts. Do not use signatures written
while the writer was intoxicated unless the questioned documents were written under similar
circumstances.

Some hand printing can be compared with handwriting and vice versa. Some writers use hand
printed letters and handwritten ones interchangeably. Most common is the use of hand printed capital
letters in place of cursive. Other writers use the same letter form for both hand printed and cursive
writing.

While it may be possible to make a match with only a few exemplars, the more exemplars
available the better. Collect as many samples of handwriting, including signatures, as possible. It is
necessary to collect enough handwriting samples to enable the expert to render a professional opinion.
How much is enough? Enough would be sufficient exemplars to eliminate any other writer as the author
of a document.

Cases In Which No Exemplars Are Needed

There are some cases in which no exemplars are needed to prove spuriousness. Since no one
can write his signature exactly the same way twice, identical signatures are generally evidence of no
genuineness. This would include traced forgeries, scanned signatures, or even freehand simulations, as
well as cut and paste signatures.

Some writers use signature stamps and autopens as legitimate signatures making it are
necessary to determine the nature of the signatures before an opinion of no genuineness is given.
 Signs of forgery are indicative of no genuineness. Documents that contain indications of tracing
can be identified without known signatures. Evidence of tracing the signature would be a groove or
guide line along the signature line or residue of pencil or carbon.

When a questioned signature matches the handwriting of another writer, identification can be
made that the writing was penned by that individual. In this case, no known signatures of the victim are
needed for comparison.

Writing of the impaired or illiterate can be identified as spurious if the questioned writing
exceeds the ability of the known writer. A high skill level signature of an impaired individual can be
rejected without comparison documents.

REQUEST WRITING

Request writing exemplars are handwriting samples made at the request and under the
supervision of the police, document examiners, or attorneys for comparison with questioned writing.
The writer is asked to complete forms containing all the uppercase and lowercase letters plus numbers
and punctuation marks.

Care must be taken to insure that request writing is suitable for comparison purposes since the
writer may attempt to disguise his writing. Normal writing is a result of subconscious habit. The quality
of writing is recognized by repeated significant characteristics executed with ordinary attention to the
writing act. Certain precautions can insure that the exemplars are suitable.

The document examiner should take the request writing exemplars whenever possible. The examiner is
then in a position to determine if the writing is normal writing or if the writer is trying to disguise his
handwriting. Lawyers frequently have their clients write their name ten times on a sheet of paper. This
is not an appropriate handwriting sample. When taking the request writing samples, follow established
procedures. Use a dictation that contains all of the letters of the alphabet as well as the numerals.

Dos AND DON'Ts FOR COLLECTING EXEMPLARS AND STANDARDS

a DON'T rely on too little writing. How much is enough? Enough to show the range of
handwriting characteristics of the writer.

b DO obtain sufficient handwriting exemplars, at least twenty to twenty-five signatures or four to

five pages of handwriting or hand printing.

c DON'T rely exclusively on writing that differs significantly from the questioned.

d DO collect similar samples: hand printing with hand printing, ink signatures with ink signatures,
lined paper with lined paper, same size with same size.

e DON'T rely on documents recently written if the comparison documents were written many
years ago.

f DO collect standards dated at approximately the same time as the questioned.

g DON'T compare writing written under abnormal conditions (for example, when the writer was
intoxicated) with normal writing.

h DO collect documents that duplicate the writing environment: checks with checks, contracts
with contracts.

i DO instruct the writer in order to obtain similar exemplars. For example, print with all
uppercase letters.

SUMMARY
 Exemplars are known handwriting samples used for comparison with questioned documents.
There are two types of exemplars, formal and informal. Formal exemplars are request writing samples.
Informal exemplars consist of documents executed in the normal course of business. Proper procedures
should be followed when taking request writing.

CHAPTER III

HANDWRITING AND SIGNATURE IDENTIFICATION

A. HANDWRITING

HANDWRITING DEFINED

Handwriting is the result of a very complicated series of facts, being used as whole,
combination of certain forms of visible mental and muscular habits acquired by long, continued
painstaking effort also knows as “visible speech.”

KINDS OF WRITINGS:

a Cursive- connected writing in which one letter is joined the next.

b Script- separated printed writing.
c BLOCK- ALL CAPITAL LETTERS.

BASIS OF HANDWRITING IDENTIFICATION:

a In Wignore`s Principles of judicial Proof, handwriting is defined as a visible effect of bodily

movement which is an almost unconscious expression of fixed muscular habits, reacting from
fixed mental impression of certain ideas associated with script form.
b Environment, education and occupation affect individuals so variously in the formation of
these muscular habits that finally the act of writing becomes an almost automatic succession
of acts stimulated by these habits.
c The imitation of the style of writing by another person becomes difficult because the other
person cannot by mere will power reproduce in himself all the muscular combination from the
habit of the first writer.

Is handwriting / signature identification an “exact science”?- No because in the hand of a

qualified examiner operating under proper conditions, identification by means of handwriting or
signature is certain. Proper conditions include sufficient questioned writing; sufficient known writing;
sufficient time; and use of scientific instruments.

THEORY - HANDWRITING AND SIGNATURES - SOME BASIC FACTS AND THEORY

Handwriting originates in the brain when a mental picture of letters and words is formed. The
signal to try to duplicate the mental picture is sent to the arm and hand through the muscles and
nervous system. The actual output is almost never an exact match of the original mental picture.
 When a baby is born, it is equipped with certain basic, automatic abilities. It can breathe, cry,
suck, move its limbs randomly. To accomplish more complex tasks, the baby must learn. Patterns must
be formed and stored in the brain which then will trigger messages to travel through the nervous
system to the muscles to produce movements (behavior). Smiling is a simple behavior that a baby
learns early in life. At first, he imitates his parents' smiles, and as this behavior is rewarded by more
smiles and hugs from his parents (positive feedback), a pattern is built in the baby's brain. The baby
learns to call upon that pattern to produce a smile. Soon, smiling becomes automatic, just like
breathing.

In a similar way, the baby learns to reach, grasp, speak and walk. More and more complex
actions become possible as the baby builds the neural pathways that travel between the muscles and
the brain via the nervous system. Handwriting is an extremely complex motor task, which is not usually
learned until the child is 5 or 6 years old and has mastered simpler skills.

The motor system controls the movement and posture needed for handwriting by contraction
and relaxation of muscles. Messages go to and from the muscles and brain via the nervous system.
During the learning process, the senses and muscles send messages (feedback) back to the brain to let
it know how the sequence, timing and force applied worked out. The brain makes the adjustments
needed to give a maximal outcome. Eventually a motor program is formed. This is a set of muscle
commands that can be carried out with the correct timing and sequence automatically, without
feedback, to give the best possible result.

Handwriting is the result of such stored motor knowledge. Handwriting is distal, meaning that
it occurs at the extremities and involves fine motor activity as opposed to a skill like walking which is
proximal - a large, or gross motor skill. One reason individuals find it difficult to simulate the
handwriting of others is that to do so successfully requires understanding the essence of the writer's
motor control program and executing a motor control program that yields a very similar result.

Two Groups of Muscles Involve in Handwriting:

a Extensor muscles- push up the pen to form the upward strokes.

b Flexor muscles which push the pen to from the downward strokes.

Generally speaking, four groups of muscles are employed in writing- those which operate the
joints of the fingers, wrist, elbow, and shoulder. The delicate way in which the various muscles used in
writing work together to procedure written form is known as motor coordination.

VARIATIONS IN HANDWRITING

None of the factors that produce handwriting are rigid and unchanging. In addition to the
organic factors (physical anatomy and health, mental acuity, etc.) there are environmental factors
effecting the handwriting. These include the writing instrument itself, the writing surface and what lies
beneath it, and other variables of the writing situation. Because the primary motor pattern is itself a
fluid image and because there are so many organic and environmental variables that interact in the
production of handwriting, it has become an accepted axiom that a person is unlikely to ever duplicate
any signature exactly. Each person has a range of natural variation. But even with this range of
variation, each person grows in his or her writing from the classic forms taught in childhood into an
individual and identifiable form of written expression.

Handwriting is a free-form activity, and there are an infinite number of ways to write even the
simplest letter combination. It is highly unlikely that any person will write his or her own name exactly
the same way twice in an entire lifetime.

Actually, every person has a range of handwriting variation determined by his or her physical
writing ability, training in "penmanship", and other factors. To the experienced expert, a study of
known samples of writing can reveal a cluster of individual writing characteristics which can allow the
expert to identify or exclude an individual as the author of some questioned writing.

Handwriting characteristics come in two categories - general, or class characteristics, and

individual characteristics. Depending on the cultural setting (time and place) when writing is learned,
entire groups of individuals may be taught or trained to write in the same way. When these individuals
are first learning to write, there are differences in their ability to do the task, and the results are not all
the same, but the true individualizing differences appear over time. As we grow and mature physically
and personally, our handwriting becomes more of an individual product - through conscious changes
made to fit a mental picture of how we want our writing to appear, or unconsciously.

Handwriting can also be effected by other factors - injury, illness, medication, drug or alcohol
use, stress, the writing surface, the writing instrument, or attempted disguise. It is the job of the
document examiner to understand these factors as they might relate to a specific situation.

The hand does not always produce a stereotyped duplicate of that pattern. The hand ordinarily
is not an instrument of precision and therefore we may not expect every habitual manual operation to
be absolutely uniform. The greater this skill ion the art of penmanship, the less the variations there will
be in the form if individualize letters as well as in the writing as a whole.

CAUSES OF VARIATION:

a Function of some external condition i.e. influence of the available space.

b Abnormal conditions such as physical injury, toxic effects, inebriations, emotions and
deception.
c Position of letter- all the letters are to be found initially, medially, and finally. The fact may
modify any of them in some way or another.

IMPORTANCE OF VARIATION

a The qualities of personal variation include both its nature and its extent. It becomes necessary
to determine the amount, extent, and exact quality of the variations.
b When combined is what constitutes individuality in handwriting.
c With a group of signatures of a particular writer, certain normal divergence in size, lateral
spacing and proportions actually indicate genuineness. Variation in genuine writing is ordinarily
in superficial parts and in size, proportions, degree of care given to the act, design, slant,
shading, vigor, angularity, roundness and direction of stroke.

“The most common error in the identification of handwriting is due to the fact that the evidence of
actual forgery is executed on the ground that here is variation in genuine writing.”

TERMINOLOGIES RELATED TO HANDWRITING IDENTIFICATION AND EXAMINATIONS

 ALIGNMENT- the relation of parts of the whole of writing or line of individual letters in words to
the baseline.
 ANGULAR FORMS- Sharp, straight strokes that are made by stopping the pen and changing
direction before continuing.
 ARCADE FORMS- look like arches rounded on the top and open at the bottom.
 CHARACTERISTICS- any property or mark which are commonly called the identifying details.
 COLLATION – side by side comparison; collation as used in this text means the critical
comparison on side by side examination.
 COMPARISON- the act of setting two or more items side by side to weigh their identifying
qualities.
 DISTINGUISED WRITING-altered writing in hopes of hiding identity.
 DOWNSTROKE- The movement of the pen toward the writer.
 FORM- The way the writing looks, whether it is copybook, elaborated, simplifier or printed
 GARLAND FORMS- A cup like connected form that is open at the top and rounded on the
bottom.
 GESTALT- The German word that means “complete” or “whole”. A good gestalt needs nothing
added or taken away to make it “look right”.
 GRAHOANALYSIS- the study of handwriting based on the two fundamental strokes, the curve
and the straight strokes.
 GRAPHOMETRY- analysis by comparison and measurement.
 GRAPHOLOGY- the art of determining character disposition and amplitude of a person from
the study of handwriting. It also means the scientific study and analysis of handwriting,
especially with reference to forgeries and questioned documents.
 HANDLETTERING- Any disconnected style of writing in which each letter is written separately,;
also called hand printing.
 LEFT-HANDED WRITING- See “wrong hand writing.”
 LETTER SPACE- The amount of space between letters.
 LINE DIRECTION- Movement of the baseline. May slant-up, down or straight across the page.
 LINE QUALLITY- the overall character of the link lines from the beginning to the ending stroke:
Good Line quality and Poor Line quality.
 LINE SPACE- The amount of the space between lines.
 MANUSCRIPT WRITING- A disconnected form of script or semi-script writing.
 MARGINS- The amount of space left around the writing on all four sides.
 MICROSOPIC EXAMINATION- Any study or examination which is made with the microscope in
other to discover minute details.
 MOVEMENT- an important element in handwriting which embraces all the factors which are
related to the motion of the writing instrument skill, speed freedom, hesitation, rhythm,
emphasis, tremors and the like.
 NATURAL WRITING- Any specimen of writing executed normally without any attempt to
control or alter its identifying habits and its usual quality or execution.
 NATURAL VARIATION- normal or usual deviation found between repeated specimens of any
individual handwriting.
 PEN MPHASIS- The act of intermittently forcing the pen against the paper surfaces which
produces shading, out with more rigid writing points heavy point emphasis can occur in writing
without any evidence of shading.
 PEN HOLD- The place where the writer grasps the barrel of the pen and the angle at which he
holds it.
 PEN POSITION- relationship between the pen point and the paper.
 PEN PRESSURE- the average force with which the pen contacts the paper.
 PRINTSCRIPT- A creative combination of printing and cursive writing.
 PROPORTION or RATIO – the relation between the tall and the short letter
 QUALITY- A distinct or peculiar character. Also, “quality” is used in describibg handwriting to
refer to any identifying factor that is related to the writing movement itself.
 RHYTHM- The element of the writing movement which is marked by regular or periodic
recurrences: maybe smooth, intermittent, or jerky in its quality; the flourishing succession of
motion which are recorded in a written record.
 SHADING- widening of the ink strokes due to the added pressure on a flexible pen point or to
the use of a stub pen.
 SIGNIFICANNT WRITIG HABIT- Any characteristic of handwriting that is sufficiently uncommon
and well fixed to serve as a fundamental point in the identification.
 SIMPLIFICATION- Eliminating extra or superfluous strokes from the copybook model.
 SIZE- the overall size of the writing or the proportions between zones.
 SKILL- writer’s proficiency; degree, ability, or skill of a write proficiency.
 SLOPE/ SLANT – the angle or inclination of the axis of the letters relative to the baseline: Slant
to the left; Slant to the right; and Vertical Slant.
 SPEED OF WRITING- The personal pace at which the writer’s pen moves across the paper
 SPEED (SPEEDY)WRITING- Can be interpreted in board terms of slow, moderate, or rapid.
 SYSTEM (OF WRITING) - The combination of the basic design of letters and the writing
movement as taught in school make up the writing system. See also copy book.
  TENSION- degree of exerted on the pen compared to the degree of relaxation.
 THREADY FORM- An indefinite connective form that looks flat and wavy.
 VARIABILITY- The degree to which the writing varies from the copybook model .
 VARIATION- The act or process of changing.
 WORD SPACE- The amount of space left between words.
 WRITING CONDITION- circumstances under which the writing was prepared and the factors in
influencing the writer’s ability to write at the time of execution. It includes the writer’s position
(sitting, standing, abed, etc.), the paper support and backing, and the writing instrument;
writing ability may be modified by the condition of the writer’s health, nervous state or degree
of intoxication.
 WRONG-HANDED WRITING- Any writing executed with the opposite hand that normally used;
a.k.a. as “with the awkward hand.”
 WRITING IMPULSE- The result of the pen touching down on the paper and moving across the
page, until it is raised from the paper.

MOVEMENT IN HANDWRITING

KINDS OF MOVEMENT

1 Finger Movement- The thumb, the first and second and slightly the third fingers are in actual
motion. Most usually employed by children and illiterates.
2 Hand Movement- produced by the movement or action of the whole hand with thw wrist as the
center of attraction.
3 Forearm Movement- movement of the shoulder, hand and arm with the support of the table.
4 Whole Forearm Movement- action of the entire arm without resting. i.e., blackboard writing.

QUALITY OF MOVEMENT

a Clumsy, illiterate and halting

b Hesitating and painful due to weakness and illness
c Strong, heavy and forceful
d Nervous and irregular
e Smooth, flowing and rapid.

SPEED

1 Slow and draw

2 Deliberate;
3 average;
4 and rapid

DIFERENT MOVEMENTS EMPLOYED AFFECT WRITING

1 Smoothness;
2 Directness;
3 Uniformity;
4 Continuity of strokes;
5 and connecting or curves between letters

MOTOR COORDINATION- The special way in which the various muscles used in writing work together
to produced written forms.

CHARACTERISTICS OF MOTOR COORDINATION:

1 Free, smelt rounded curves

2 Gradual changes of directions
3 Pressure is always in a state of change, moving from light to heavy or from heavy to light.
4 Speed
 5 The Shading impulse is distributed over a considerable length of the line whereas in writing
produced with a slow motion as in the finger movement.

FAULTY COORDINATION IS CHARACTERIZED BY THE FOLLOWING:

1 Wavering and very irregular line or strokes with uncertain and unsteady progress. There is no
freedom of movement along the strokes of the letter-forms.
2 Angular Line- a very common fault of coordination. Curves, large and small are not smoothly
rounded and there is no gradual change of direction. On the contrary, and angle marks almost
every change are direction in the line.

RHYTHM IN HANDWRITING- Rhythm is succession of connected, uniform strokes in full coordination.

This is manifested by clear-cut accentuated strokes which increase and decrease in which like perfect
cones.

LACK OF RHYTHM- Characterized by succession of awkward, independent, poorly directed and

disconnected motions.

 IMPORTANCE OF RHYTHM- one can determine if the writer normally and

spontaneously write with hesitation as if he is attempting to for another signature.
 LETTER OF CONNECTIONS- Determine the essential expression of the writer pattern.
It is a mean indicator of the neuromuscular function. These types of connections are:

Arcade- a rounded stroke shaped like an arch. It is slow mode of connection resulting from controlled
movements.

Garland- Links the downward stroke to the upstrokes with a flowing curve swinging from left right. It is
an easy, effortless mode of connection, written with speed.

Angular connective form- characterized by an abrupt stop and start in each turning point.

The threadlike connective form- the joining of upward and downward strokes is slurred to a threadlike
tracing or where rounded turns used at both top and bottom produce a double curve-appear both in the
shaping of letters within the word.

STROKE - series of lines or curves written in a single letter; one of the lines of an alphabet or series of
lines or curves within a single letter; the path traced by the pen on the paper.

TERMINOLOGIES CONCERNING STROKE CHARACTERISTICS

ARC- a curved formed inside the top curve of loop ARCH- any arcade form in the body of a letter found in
as in small letters “h”, “m”, “n” & “p”. small letters which contain arches.

ASCENDER- is the top portion of a letter or upper BASELINE- maybe actually on a rules paper, it might be
loop. imaginary alignment of writing; is the ruled or imaginary
line upon which the writing rests.

BEADED- Preliminary embellished initial stroke BEARD- is the rudimentary initial up stroke of a letter.
which usually occurs in capital letter.

BLUNT- the beginning and ending stroke of a BODY- the main portion of the letter, minus the initial of
letter (without hesitation). strokes, terminal, strokes and the diacritic.

BOWL- a fully rounded oval or circular form on a BUCKLE/BUCKLEKNOT- A loop made as a flourished
letter complete into “O”. which is added to the letters, as in small letter “k & b”, or
in capital letter “A”, “K”, “P”; the horizontal end loop
stroke used to complete a letter.
CACOGRAPHY- a bad writing. CALLIGRAPHY- the art of beautiful writing.

DESCENDER- opposite of ascender, the lower DIACRITIC- “t” crossing and dots of the letter “I” and “j”;
portion of a letter. an element added to complete a certain letter, either a
cross bar or dot.

ENDING/TERMINATE STROKE OF TOE- the end EYE/EYELET/EYELOOP- a small loop or curved formed
stroke of a letter. inside the letters inside the oval of the letters “a, d, o.

FOOT- lower part which rust on the base line. HABITS- any repeated elements or details, which may
serve to individualize writing.

HESITATION- the irregular thickening of ink HIATUS/PEN JUMP- a gap occurring between a
which is found when writing slows down or stop continuous stroke without lifting the pen; usually occurs
while the pen take a stock of the position. due to speed; regarded also as a special form.

HOOK- a minute curve or ankle at the end of the HUMP- Upper portion of its letter “m”;”n”, “k” – the
terminal strokes, or at the beginning of an initial rounded outside of the top of the bend stroke or curve in
stroke; the minute involuntary talon like small letter.
formation found at the commencement of an
initial up stroke or the end terminal stroke.

KNOB- the extra deposit of ink in the initial and LIGATURE/CONNECTION- The stroke which connects
terminal stroke due to the slow withdrawal of the two stroke of letter; characterized by connected stroke
pen from the paper (usually applicable to fountain between letters.
pen).

LONG LETTER- those letters with both upper and LOOP- a oblong curve such as found on the small letter
lower loops. “f” , “g”, “l” and letters stroke “f” has two which may be
blind or open.

MAJUSCULE- a capital letter. MINUSCULE- a small letter.

MOVEMENT IMPULSES- the continuity of stroke, PATCHING- retouching or going back over a defective
forged writing is usually produced by portion of a written stroke. Careful patching is comment
disconnected and broken movements and more defect on forgeries.
motion or movement impulses than in genuine
writing.

PEN LIFT- an interruption in a stroke caused by RETRACE/RETRACING- Any part of a stroke which is
removing the writing instrument from the paper. super imposed upon the original stroke; any stroke which
goes back over another writing stroke.

SHOULDER- Outside portion of top curve, small SPUR- A short initial or terminal stroke.
letter “m” has three shoulders and the small letter
“n” has two, the small letter “h” has one shoulder.

STAFF- Any major long downward stroke of a STEM OR SHANK- the upright long downward stroke that
letter that is the long downward stroke of the is the trunk or stalk, normally seen in capital letters.
letter “b” , “g”.

TICK/HITCH- Any short stroke, which usually TREMOR- A writing weakness portrayed by irregular
occurs at the top of the letters. shaky strokes is described as writing tremor

WHIRL- The upstroke of a looping ascender.

OTHER TERMINOLOGIES CONCERNING STROKES:

1 AIRSTROKE- The movement of the pen as it is raised from the paper and continues in the same
direction in the air.
2 COVERING STROKE- A stroke the unnecessarily covers another stroke in a concealing action.
3 FINAL- The ending stroke on a letter when it is at the end of the word.
4 UPSTROKE- Movement of the pen away from the writer.
5 SEQUENCE OF STROKE- The order in which writing strokes are placed on the paper is referred
to as their sequence
6 SUPPORTED STROKES- Upstrokes partially covering the previous down strokes. Originally
taught in European schools.
7 TRAIT STROKE- A school of handwriting analysis that assigns personality trait manners to
individual writing strokes.

QUALITIES OF THE STROKES:

1 Expansion- whether the movement is extended or limited in its range with respect to both
vertical and horizontal dimension.
2 Co-ordination- whether the flow of movement is controlled or uncertain, smooth or jerky,
continuous or interrupted.
3 Speed- whether the movement has been rapid or slow and whether the pace has been steady
or variable.
4 Pressure- whether the pressure exerted in the movement and its upward and downward reach.
5 Direction- Left ward and right ward trend of the movement and its upward and downward
reach.
6 RHYTHM- in the sequence of movements that weave the total pattern, certain similar phases
recur at more or less regular intervals.

HANDWRITING PROBLEMS:

a A signature/handwriting contested by its author which in reality is genuine and corresponds

perfectly to the ordinary and habitual signatures of that person.

b A signature/handwriting contested by its author which in reality was written by him but in a way
which was different from the ordinary manner and which is more or less different from the
common genuine signatures of that person.

c A signature/handwriting contested by its author which in reality was written by a third person and
which is a forgery written in an attempted imitation of a model.

d A spurious /handwriting written by somebody who did not attempt to imitate the signature of a
person and who uses a fictitious name and this to give his work the appearance of a signature.

e An uncontested signature/handwriting, in fact, genuine but written by an unknown person whose

name must be deciphered by the document examiner.

GENERAL CLASSES OF QUESTIONED WRITING

a Forged or simulated writings in which the attempt is made to discard one`s own writing and
assume the exact writing personality of another person.

b Those writing that are disguised and in which the written seeks to hide his own personality
without adapting that of another.

HANDWRITING CHARACTERISTICS AND OTHER IDENTIFYING FEATURES

Writing Habits- Writing by all its thousand of peculiarities in combination is the most personal and
individuals thing that a man does that leaves a record which can be seen and studies. This is what
constitutes individually in handwriting.
  Writing habits learned in the early years are those habits which are part of a basic system or
which are modifications of the system of writing found among so large a group of writers that
they have only sight identification value.
 A few of these early habits learned by the child are the slant of letters “l”, “d”, “b”, “g”, “t” with
small letters like letters “n”, “m”, “i”, “o”, “e”, “i”, and also form and design of letters also called
general or class characteristics.
 Individual habits: Any writing habit or character in writing maybe modified and individualized
by different writers in many different ways in many varying degrees and the writing
individuality of any particular writer is made up of all those common and uncommon
characteristics and habits.
 Various individual characteristics in writing also grow out of the purpose for which writing is
used and the amount of writing done.

GENERAL (CLASS) CHARACTERISTICS- those habits are part of basic writing system or which are
modifications of the system of writing found among so large a group of writes that have only slight
identification value.

INDIVIDUAL CHARACTERISTICS- the result of the writer`s muscular control, coordination, age,
health, and nervous temperament, frequency of writing, personality and character found in the
following:
a Writing movement
b Form and design of letters\
c Muscular control or motor control

1 Loose writing- too much freedom of movement and lack of regulation.

2 Restrained writing- there is lack of freedom and inhibited movements. It gives you the
impression that every stroke was made with great difficulty.

d Motor Coordination

e Shading

f Skill

g Alignment

h Pen pressure

i Connection

j Pen hold

k Rhythm

l Disconnections or pen lifts between letters

m Speed

n Slant as a writing habit

o Proportion of letters as an individual characteristic or habit

p Quality of stroke or line quality

q Variation

Indications of speed (speedy) writing:

a Smooth, unbroken strokes and rounded forms.

 b Frequent signs or tendencies to the right.
c Marked uncertain as to the location of the dots of small letters “I”, “j” & crosses of small letter
“t”
d Increased spontaneity of words or small letter “t” connected with the following words.
e Letters curtailed or degenerated almost to illegibility towards the end of words.
f Wide writing- width of letters is greater than the connecting spaces adjoining it.
g Great difference in emphasis between upstrokes and down strokes.
h Marked simplification of letters especially capital letters.
i Rising line.
j Increased pen pressure.
k Increase in the margin to left at the beginning of the line.

Indications of slow writing:

a Wavering forms and broken strokes.

b Frequent signs or tendencies to the left.
c Conspicuous certainly as to the location of the dots of small letters “I”, “j”, or “t” crosses with
scarcely perceptible deviation from the intended direction.
d Frequent pauses by meaningless blobs, angles, divided letters and retouches.
e Careful execution of detail of letters toward the end or names.
f Narrow writing.
g No difference in emphasis in up stroke and down stroke.
h Ornamental or flourishing connections.
i Sinking lines.

EXAMPLES OF COMMON CHARACTERISTICS:

a Ordinary copy-book form

b Usual systematic slant

c Ordinary scale of proportion or ratio

d Conventional spacing

CLASSIFICATION OF INDIVIDUAL CHARACTERISTICS:

a Permanent characteristics- found always in his handwriting.

b Common or usual- found in a group of writers who studied the same system of writing.

c Occasional- found occasionally in his handwriting.

d Rare- found only in one or two persons in a group of one hundred individuals.

HOW INDIVIDUAL CHARACTERISTICS ARE ACQUIRED:

a Outgrowth of definite teaching

b Result of imitation

c Accidental condition or circumstances

d Expression of certain mental and physical traits of the writer as affected by education,
by environment and by occupation.

EXAMPLES OF SOME OF THE INDIVIDUAL CHARACTERISTICS:

a Hook to the right and hook to the left.

b Shape, position, size and angle of “i” dots “t” crossing
c Idiosyncrasies
 d Bulbs and distinctive initial and final pen pressure
e Embellishment, added strokes and free movement endings
f Abbreviation of letters
g Simple and compound curves and graceful endings
h Labored movement producing ragged lines
i Terminal shadings and forceful endings
j Presence and influence of foreign writing, with the introduction of Greek “e”

PRINCIPLE IN HANDWRITING IDENTIFICATION

 When any two specimens of handwritings contain a combination of corresponding or similar and
specifically oriented characteristics of such number and significance as to preclude the
possibility of their occurrence by mere coincidence, and there are no unaccounted for
difference, it may be concluded that they are similar in writing characteristics and therefore
written by one and the same person.
 Handwritings are fixed habits.
 These writing habits become so automatic and unconscious that even by the most strenuous
effort, it is almost impossible to change them.
 No duplication of handwriting by two individuals.

FUNDAMENTAL LAW WHICH GOVERNS THE CONCLUSION IN HANDWRITING IDENTIFICATION

PROBLEMS

 A signature/handwriting naturally and genuinely written under normal condition contain all of
the individual habits of the writer`s signature which are put into it in a way that is consistent
with his writing ability and the writing quality of his signature.
 A signature/handwriting is fraudulent if it contains habits, qualities or elements which are
significantly different from genuine signatures written under similar conditions.

CONTROLLING PRINCIPLES IN THE IDENTIFICATION OF QD

It is the combination of general qualities, features and characteristics that all together serve to
prove identity. One or two or possibly three might coincide in two individuals but there comes a point
where common sense says it is unreasonable to say that these various things would coincide.

PROBATIVE VALUE OF WRITING CHARACTERISTICS- differ greatly with different writers and under
varying conditions.

SOME GENERAL PRINCIPLES CAN BE STATED THAT APPLY IN MOST CASES

a Those identifying or differentiating characteristics are of the most force which is most
divergent from the regular system or national features of a particular handwriting under
examination.

b Those repeated characteristics which are inconspicuous should first be sought for and
should be given the most weight.

c Ordinary system or national features and element are not alone sufficient characteristics
necessarily have as evidence of identity as stated above, it present in sufficient number and
in combination with individuals qualities and characteristics.

CORRECT CONCLUSION

a Two writings are written by the same hand- characteristics or “dents” and scratches should
be in sufficient quantity to exclude the theory of accidental coincidence.
 b Writings are by different hands, we may find numerous likeliness in class characteristics but
divergences in individual characteristics or we may find divergences in both but the
divergence must be something more than mere superficial differences.

c If the conclusion of identifying is reached, there must not remain significant differences
that cannot reasonably be explained.

d Although there is no specific approach, the document examiner always observed: Analysis;
Comparison; and Evaluation.

POINTS TO CONSIDER

IN EXAMINING EXTENDED WRITING (Anonymous, threat, poison letters):

a Uniformity- Does the questioned writing have smooth, rhythmic and free-flowing appearance
b Irregularities- Does the questioned writing appear awkward, ill-formed slowly drawn
c Size & Proportion- Determine the height of the over-all writing as well as the height of the
individual strokes in proportion to each other.
d Alignment- Are they horizontally aligned, or curving, uphill or downhill.
e Spacing- Determine the general spacing between letters, spacing between words. Width of the
left and right margins, paragraph indentations.
f Degree of Slant- Are they uniform or not.
g Formation and Design of the letters, “t” (-) bars, “i” dots, loops, circle formation
h Initial, connecting and final strokes

HANDWRITING

a The procedure and the principle involved are similar so that of cursive handwriting.
b In block capital and manuscript writings, personal individual rests principally in design,
selection, individual letter construction, size ratios and punctuation habits. The initial step in
handwriting examination is to determine whether the questioned handwriting and standards
were accomplished with:
 A fluency of movement and a certainty of execution indicative of familiarity with and a
measure of skill in handwriting of conversely.
 conscious mental effort and non-rhythmic execution denoting either unfamiliarity with
or disguise in the subject`s handwriting

DISGUISES IN HANDWRITING

COMMON DISGUISES (SOME)

a Abnormally large writing.

b Abnormally small writing.
c Alteration in slant (usually backhand).
d Usually variation in slant within a single unit of writing (within a single signature).

KINDS OF DISGUISES

a Change of slant- from right to left or vice versa.

b Change of letter, either from cursive to block style or vice versa.
c Change from cursive (conventional style) to block from or vice versa.
d Change of style from small to big or vice versa.
e Deteriorating one`s handwriting.
f Using the wrong hand (AMBIDEXTROUS).

EFFECTS OF ALCOHOL IN HANDWRITING

 a PHYSICAL AND MENTAL EFFECTS. Intoxication affects the physiological being of an individual
hence; the manner of handwriting is all affected.

b EVIDENCE OF ALCOHOLIC INTOXICATION IN HANDWRITING

1 Bizarre letter forms.

2 Greatly enlarged writing.

3 Illegible forms and writing generally

4 Uneven baseline.

5 Meaningless blobs or extraneous strokes in the writing.

6 Inconsistency in slant of writing.

7 Inconsistency in the form of repeated letters.

B. SIGNATURE

SIGNATURE is the name of a person written by him / her in a document as a sign of

acknowledgement. Or, it is a name or mark that a person puts at the end of a document to attest that
he is its author or that he ratifies its contests.

Microsoft Encarta Reference Library has these to say about signature:

1. Signed name

2. Signing of name

3. Distinctive characteristics

SIGNIFICANT TERMS

a ASSISTED SIGNATURE. See Guided Signature.

b CROSS MARK. If properly witnessed, it can legally stand for signature. Ballot marks are also
referred to as cross marks because of the common practice of marking with an X.
c EVIDENTIAL SIGNATURE- a signature, signed at a particular time and place, under particular
conditions, while the signer was at particular age, in a particular physical and mental condition,
using particular implements, and with a particular reason and purpose for recording his name.
d FRAUDULENT SIGNATURE.A forged signature; the writing of a name as a signature by
someone other than the person himself, without his permission, often with some degree of
imitation.
e FREEHAND SIGNATURE.A fraudulent signature that was executed purely by simulation rather
than by tracing the outline or a genuine signature.
f GUIDED SIGNATURE. It is executed while the writer`s hand or arm is steadied in any way: such
a signature authenticates a legal document provided it is shown that the writer requested the
assistance; written during a serious illness or on a deathbed.
g IMITATED SIGNATURE. Synonymous with freehand forgery.
h MODEL SIGNATURE – A genuine signature that has been used to prepare an imitated or traced
forgery

THEORY OF COMPARISON- The act of setting two or more signature in an inverted position to weigh
their identifying significance

A POTENTIAL PROBLEM EXISTS WITH SIGNATURES

 People usually have three (3) different signatures: (1) a formal one, used on important
documents; (2) a routine one, used on regular correspondence; and (3) an informal one, used for jotting
quick notes. Also, other circumstances affect writing such as age, arthritis, emotional distress,
medication, intoxication, and corrective vision. It's difficult to tell handedness, gender, and age from
unknown samples. QDE experts must consider all these things, and make an informed judgement
(usually in consultation with an investigator or attorney) based on their familiarity with handwriting
dynamics (e.g., appearance, laborious movements, rhythm). With impairment like arthritis, for
example, the writing function may become more of a conscious than subconscious effort, making for a
more complex case. However, a paraphrasing of Larry Miller's (1987) indicia drawn from a review of the
forgery literature might provide useful guidelines when dealing with impaired or deliberately deceptive
writing:

Line Quality Irregular, laborious, shaky, lack of rhythm

Size/Proportion Larger, wider, higher, inconsistent, different spacing after caps

Pen lifts Frequent lifts off paper

Angle/Slant Greater than 5 degree change, other-hand slanting

Pen Pressure Heavier than usual

Circle formation More teardrop or egg-shaped, frequent counter clockwise formations

Retouching formal signature used, often retracing strokes, foreign marks present

Loop formation Wider spacing between, more squared, shorter, or broken loops

Stroke formation Wider M's and W's, more squared or wedge-shaped stokes

Alignment Change in baseline habits, more downward slants from baseline

Diacritics Heavier t-crossings and i-dots, position placement changes

Begin/end strokes Heavier pressure, blobbed, vertical position change or slanting

THE EXAMINATION OF SIGNATURES IS CONSIDERED A SPECIALIZED BRANCH OF

HANDWRITING IDENTIFICATION, FOR THE FOLLOWING REASONS:

a It is a word most practiced by many people and therefore most fluently written.

b It is a means to identify a person and have a great personal significance.

c It is written with a little attention to spelling and some other details.

d It is a word written with conscious thought about the mechanics of its production and is written
automatically.

e It is the only word the illiterate can write with confidence.

TYPES OF SIGNATURES
 a FORMAL (CONVENTIONAL or COPYBOOK FORM) – complete correct signature for an
important document such as will.

b INFORMAL (CURSORY) – usually for routine documents and personal correspondence.

Personalized

Semi-personalized

c CARELESS SCRIBBLE – for the mail carrier, delivery boy or the autograph collector.

SUGGESTED STEPS IN THE EXAMINATION OF SIGNATURE:

a STEP 1- Place the questioned and the standard signatures in the juxta-position or side-by-side
for simultaneous viewing of the various elements and characteristics.

b STEP 2 - The first element to be considered is the handwriting movement or the manner of
execution (slow, deliberate, rapid, etc.). The fundamental difference existing between a
genuine signature and an almost perfect forgery is in the manner of execution.

c STEP 3 – Second elements to examine is the quality of the line, the presence or tremors,
smooth, fluent or hesitation. Defect in line quality is only appreciated when simultaneous
viewing is made.

d STEP 4 – Examine the beginning and ending lines, they are very significant, determine whether
the appearance blunt, club-shaped, tapered or/vanishing.

e STEP 5 – Design and structure of the letters. Determine as to roundness, smoothness,

angularity and direction. Each individual has a different concept of letter design.

f STEP 6 – Look for the presence of retouching or patching.

g STEP 7 – Connecting strokes, slant, ratio, size, lateral spacing.

h STEP 8 – Do not rely so much in the similarity or difference of the capital letters, for theses are
the often changed according to the whim of the writer.

CHARACTERISTICS PRINCIPLES THAT SUPPLY MOST CASES:

a Pen pressure

b Movement

c Proportion

d Unusual distortion of the forms of letters.

e Inconspicuous characteristics

f Repeated characteristics

g Characteristics written with speed

INDICATION OF GENUINENESS

a Carelessness
b Spontaneity
c Alternation of thick and think strokes
d Speed
e Simplification
f Upright letters are interspersed with slanting letters
 g The upward strokes to a threadlike tracing
h Rhythm
i Good line quality
j Variation

PROCEDURE IN THE COMMON SIGNATURE PROBLEMS

a Genuine Signature which the writer refuses to admit not genuine. Generally presence of
tremors, remnants of carbon, retouching (patching) indicates forgery. Produced, the
probability of genuineness

b Genuine Signature Deliberately Modified – discover that the modification is only on the
prominent features of the letter designs that are pointed out by the disclaimer, while the rest
appear to be normal. There are unnatural tremors and retouching. The minute details in
genuine signatures are present.

CHAPTER IV

IDENTIFICATION OF WRITING MATERIALS AND WRITING INSTRUMENT

A. Writing Materials

While an expert analyst can detect many instances of forgery, a good simulation can be
undetectable. One example of a forgery the experts missed is the case of the "lost" Hitler diaries.
(Although there's a good reason why they missed it.)

In the 1980s, a man named Konrad Kujau, a supposed collector of Nazi memorabilia,
approached a German publishing company with 60 handwritten journals purported to be written by
Adolf Hitler that had, according to Kujau, just been discovered in the wreckage of an airplane that had
left Germany after World War II. The texts seemed to be genuine, and Kujau had an apparently good
reputation, so the publishing company paid $2.3 million for the lot. The diaries were immediately
published in installment form in a German newspaper owned by the same publishing company, and
syndication rights were sold to several international publications, including The London Times. It was
The Times that requested a professional handwriting analysis to ensure authenticity.

Three international experts in forensic handwriting analysis compared the diaries to exemplars
that were apparently known to be written by Hitler. All agreed that the diaries were written by the
same person who wrote the exemplars. The diaries were for real.

It was an analysis of the ink and paper used to write the diaries that revealed them as fakes. An
ultraviolet-light examination revealed that the paper contained an ingredient that wasn't used in paper
until 1954. Hitler died in 1945. Further forensic tests on the ink showed it had been applied to the paper
within the last 12 months. As it turns out, though, the handwriting analysis was in fact correct – the
person who'd written the diaries had also written the exemplars. Kujau, later found out to be an
experienced con artist, had also forged the exemplars the police were using as comparison documents.

The Hitler diaries debacle is an extreme case of fraud and expert forgery that spanned every
stage of the analysis. And while this level of expertise is seldom found in forgeries, the fact remains that
if the investigation had relied on handwriting analysis alone, the "lost Hitler diaries" would now be part
of the history books.

ANACHRONISM

Anachronism is refers to a something wrong in time and in place; the forger has trouble
matching the paper, ink, or writing materials to the exact date it was supposed to have been
written
PAPER

These are sheets of interlaced fibers – usually cellulose fivers from plants, but sometimes from
cloth rags or other fibrous materials, that is formed by pulping the fibers and causing to felt, or mat, to
form a solid surface.

In one case, a document dated 1213 A.H. (A.D. 1790) was found to be written on paper
composed entirely of chemically prepared wood cellulose. Considering that this type of paper was not
introduced not until about 60 years later, the document is obviously a fake one.

WATERMARKS

Watermarks is a figure or design incorporated into paper during its manufacture and appearing
lighter than the rest of the sheet when viewed in transmitted light. The earliest way of identifying the
date of manufacture of the paper is by the WATERMARK – a brand put on the paper by the
manufactures.

 How watermark is made?

It is made when the semi-fluid paper pulp (mixture of cotton or other fibers) was being
drained on a grid of laid (warp) and chain (woof) wire. Fine wires forming the desired design
were tied on top of the grid and impressed into the pulp. This impression made the paper
thinner, and therefore, more transparent, where it appeared.
 Origin
First appeared on papers produced in Italy around 1270, less than 100years after the art
of papermaking was introduced to Europe by Muslims from the Middle East. Early in the 19th
century, papermakers began to solder the watermark wires to the grid frame, thus insuring
uniformity of impression and aiding in the detection of counterfeiting and forgery. The first
British postage stamps of 1840 bore a watermark, but stamps of the United States were not so
marked until 1895. When paper began to be machine-made, the watermark wiring was simply
transferred to the grid cover of the dandy roll, a turning cylinder that passed over the paper.
 Concept of document`s age detection thru watermarks.
a Sometimes a LIMIT may be placed to the age of the document by means of
watermark, the ear known dating from 1282. Unfortunately, not all papers contain
watermarks.
b It is impressed into the paper by wire on the roller called “DANDY ROLL” that makes
the paper, and these designs are changed from time to time.
c Usually watermarks are requested by their owners / manufacturers with the patient
office.
d If present, it is one of the most reliable means of tracing the age of the paper.
However the questioned documents examiner`s finding is limited only to the
APPROXIMATE DATE (YEAR) of the paper manufacture.
e In determining the age of the paper by watermarks, it is necessary to ascertain the
owner of the watermark in question or its manufacturer.
f In the FBI, this is done by checking the reference file of the laboratory. One the
manufacture is determine, then consideration is given to changes in design and
defects of individual design.
g In recent years, some large manufacturers have cleverly incorporated inconspicuous
changes in their watermark design in order to date their products.
h Obviously, document is fraud if it contains a watermark which was not in existence at
the time the document purports to have been executed.
 In cast the watermark did not change, the following is applied:
a Consider any defect in the individual design may furnish a clue as to the age of the
paper.
b The dandy roll, through constant usage, will somehow be damaged. This damage is
also known as caused by WEAR AND TEAR which becomes progressively more and
more as time goes by.
c The damage on the dandy roll will leave some peculiar markings on the watermark of
the paper manufactured.
 d The investigator, carefully determining the distinct markings caused by the dandy roll`s
damaged surface, will coordinate will the paper manufacture regarding when such
damage occurred on the dandy roll used.

DISCOLORATION – One way of tracing the age of the papers is through the observance of the changes
in its physical characteristic particularly DISCOLORATION. Naturally, they start to discolor at edges
from 2 to 3 years. While RUG-SHIP QUALITY papers, they are very old before discoloration starts.

CAUSES OF DISCOLORATION

a Due to process of oxidation brought about by natural means.

b Brown spots due to molds that are very obvious characteristics both in appearance and
distribution.
c Exposure to dust and dirt.
d Occasional staining of fruit juice, grease.
a Excrete of rats, mice and other insects.
b May also due to heat, partial burning, etc.

DETAILED EXAMINATION OF WRITING MATERIAL

a Collect standard document from the issuing institution, company or individual and compare.
Consider the physical characteristics of both questioned and standard documents such as the
size, the thickness, the surface (glossiness, opacity, etc.) and the general texture of the paper.
b Check with the issuing institution, company or individual about the dissimilarity of writing
material used in the questioned document.
c Conduct further physical or chemical examination such as folding endurance test, folding test,
bursting test, etc.

B. Writing Instrument

HISTORICAL BACKGROUND

A. REED PENS / SWAMP REED –

a From especially selected water grasses found in Egypt, Armenia and along the shores of the
Persian Gulf, were prepared by leaving them under dung heaps for several months.
b First writing tool that had the writing end slightly frayed like a brush. About 2,000 years B.C.,
this reed pen was first used in NEAR EAST on papyrus and later on parchment.

B. QUILL PEN

a Although quill pens can be made from the outer wing feather of any bird, those of goose, swan,
crow, and (later) turkey, were preferred. The earliest reference (6th century AD) to quill pens
was made by the Spanish Theologian ST. ISIDORE OF SEVILLE, and this tool was the principal
writing implement for nearly 1300 years.
b To make a quill pen, a wing feather is first hardened by heating or letting it dry out gradually.
The hardened quill is then cut to a broad edge with a special pen knife.
c The write had to re-cut the quill pen frequently to maintain its edge. By the 18th century, the
width if the edge had diminished and the length of the slit had increased creating a flexible
point that produced thick and think strokes by pressure on the point rather than by the angle at
which the broad edge was held.

C. STEEL POINT PENS (BRAZEN PENS)

a Although pens of bronze may have been known to Romans, the earliest mention of “BRAZEN
PENS” was in 1465. The 16th century Spanish calligrapher JUAN DE YCIAR mentions brass pens
for very large writing in his 1548 writing manual, but the use of metal pens did not become
widespread until the early part of the 19th century.
b The first patented steel pen point was made by the English engineer: BRYAN DONKIN in 1803.
 c The leading 19th century English pen manufactures were WILLIAM JOSEPH GILLOT, WILLIAM
MITCHELL, AND JAMES STEPHEN PERRY.

D. FOUNTAIN PENS

a In 1884, LEWIS WATERMAN, a New York insurance agent, patented the first practical
FOUNTAIN PEN containing its own ink reservoir. Waterman invented a mechanism that fed ink
to the pen point by capillary action, allowing ink to flow evenly while writing.
b By the 1920`s the fountain pen was the chief writing instrument in the west and remained so
until the introduction of the ball point pen after WORLD WAR II.

E. BALL POINT PEN:

a JOHN LOUD, in 1888, patented the first ball point writing tool.
b The ball is set into a tiny socket. In the center of the socket is a hole that feeds ink to the socket
from a long tube (reservoir) inside the pen.
c As early as the 19th century, attempts had been made to manufacture a open with a rolling ball
tip, but not until 1938 did Hungarian inventor brother LADISLAO and GEORGE BIRO invent a
viscous, oil-based ink, that could be used with such a pen. Hence, they are attributed for the
invention of the first practical ballpoint pen.
d Early ball point pens did not write well; they tended to skip, and the slow-drying oil-based ink
smudged easily. Advantages of ball pen over the fountain pen are:
e The ink was waterproof and almost un-erasable;
f The ball point pen could write on many kinds of surfaces;
g Could be hold in almost any position for writing; and
h The pressure required to feed the ink was ideal for making carbon copies.
i Ink formulas were improved for smoother flow and faster drying, and soon the ball point
replaced the fountain pen as the universal tool.

F. FIBER TIP PENS –

a In 1963, fiber tip markers were introduced into the U.S. market and have since challenged the
ball point as the principal writing implement.
b The first practical fiber tip pen was invented by YUKIO HORIE of Japan in 1962 traditionally
done with a pointed ink brush.
c Unlike its predecessors, the fiber tip pen uses dye as a writing fluid. As a result, the fiber tip pen
can produce a wide range of color unavailable in ball point and fountain pen inks. The tip is
made of fine nylon or other synthetic fibers drawn to a point and fastened to the barrel of the
pen.
d Felt-tip markers are made of dense natural or artificial fibers impregnated with a dye. These
markers can be cut to a variety of shapes and sizes, some up to an inch in width. A modification
of the ball point pen using a liquid dye fed to a metal/plastic hall was introduced in the U.S.
from Japan in 1973.

COMPOSITION AND CHARACTERISTICS OF INKS

a Indian Inks – The oldest form of Indian ink consisted of a suspension of carbon black (soot or
lampblack) in water to which glue or a vegetable gum was added. Inks of these compositions
are still on the market mostly in the shape of sticks or cakes. In modern carbon ink, the glue or
gum is replaced by a solution of shellac in borax or ammonia.
b Log wood Inks – These inks which were used extensively about a century ago, have now
because of obsolete and are no longer manufactured. They were made from an aqueous extract
of logwood chips and potassium chromate. These inks will be found only on old.
c Iron Gallotanate Inks – This ink has been used as writing for over a thousand years. Formerly it
was made of a fermented infusion of gall nuts to which iron salts were added. The ink was
composed of suspension of the black, almost insoluble ferric tannate.
d Fountain Pen Inks – These inks are regarded as a special fountain pen inks, and consisting of
ordinary iron gallotannate inks with a lower iron content in most cases but with a higher
 dyestuff content than normal inks. This type of ink is placed on the market under the name of
“blue-black permanent”.
e Dyestuff Inks – These inks are composed of aqueous solution of synthetic dyestuffs, to which a
preservative and a flux are added. The writing qualities of the ink are improved by addition of
substances such as glycerol, glucose or dextrin. The dark blue and black inks are often
composed of four or more dyes because no black dyestuff of sufficient tinctorial capacity is
known.
f Water Resistant Writing and Drawing Inks – These inks are special group of dyestuff inks. They
consist of a pigment paste and a solution of shellac made soluble in water by means of borax,
liquid ammonia or ammonium bicarbonate. Sometime the pigment suspension is combined
with acid or basic dyestuff.
g Alkaline Writing Inks – These are quick drying inks which possess a ph of from 9 to about 11.
They penetrate quickly through the size of the paper allowing the ink to penetrate quickly into
the paper. The dyestuff in these inks consists of acid dyes, sometimes combined with phthalo
cyanide dyes. These inks are not much in demand because they are rather expensive and
because the material of many fountain pens is affected by them. The best known of these inks
are the Parker super chrome inks which in the colors black, blue-black, blue, red and green.
h Ballpoint Pen Inks – did not appear one the European market before 1945. The development of
the present pen was accomplished during World War II because the Army and the Air Force
needed a writing instrument which would not leak at high altitude and which supplied quick
drying water resistant writing.
o In principle, the construction of all ballpoint pens is the same. The differences are in the
finish, the precision with which the instrument is made, the size and the material of the
ball, and the composition of the ink.
o As a rule, the diameter of the ball lies between 0.6 and 1.0 mm, the cheapest makes
having the largest diameter. The ball is made of steel while the more expensive makes
of sapphire.
o The quality of the pen is chiefly to be judged by the writing angle. The best writing
angle for a ballpoint pen is 90 degrees, but a normal hand of writing seldom uses this
angle.
o The cheaper makes have a minimum writing angle 55-60 degrees. If one writes at too
small an angle, the brass socket holding the ball will scratch a lined into the paper,
parallel with ink line.

i Stamp Pad Inks – They are made with the acid of substances such as glycerol, glycol, acetin or
benzyl alcohol and water. Airline dyes are added as coloring matter.
j Hectograph Inks – These inks very much resemble stamp pad inks and are exclusively made
with basic dyes. To the dyestuff solution several other substances are added such as glycerol,
acetic and acetone.
k Typewriter Ribbon Inks – These inks are usually composed of a blend of aniline dyes, carbon
black and oil such as olein or castor oil. The two-tone ribbons however contain no dyes, but
pigments suspended in oil base.
l Printing Inks – Printing inks often consist of a mixture of colored pigments, carbon black and a
“base” which may consist of oil, resins, synthetic resins or a mixture of these.
m Canceling Inks – These inks often contain carbon and this fact should be burned in mind when it
is required to decipher faint cancellation marks on a postage stamp and wrappers. Carbon is
opaque to infra-red sensitive plate and be relied upon to improve the legibility of any marking
affected by a carbon containing canceling ink.
n Skrip Ink – These are manufactured by W.A. Chaffer Pen Company since 1955. The inks contain
a substance which is colorless in visible light and has strong affinity for the fibers of the paper,
and yet is not bleached by hypochlorite ink eradicators or washed out by soaking on water.

THE EXAMINATION AND IDENTIFICATION OF INK

a In most cases the inks to be examined are not available in liquid form. One kind of examination
centers on the question as to whether the ink of some writing or of alterations in a police blotter
is identical with ink found in the possession of the suspect.
b The examination of questioned documents is restricted to a comparative examination of
certain properties of these inks. However the examination carries with it certain difficulties as
 the quantity of material available for examination is small and the examination can be done
only one.
c It is necessary then that before a chemical examination is attempted, which results in a partial
destruction of writing, an exhaustive examination by non-destructive methods be carried out.
d These non-destruction methods include visual examination with the aid of a binocular
microscope as well as photographic examination. They should be used first before any chemical
examination is resorted to.
e It is necessary therefore to be acquainted with the composition and developmental history,
method of manufacture of the types of ink most commonly used. Sometimes, antedating can
only be proven by identifying a component of the ink, which was not yet included in inks at the
alleged date of the document.

THE CHEMICAL EXAMINATION OF INK

A. THE CHROMATOGRAPHIC EXAMINATION AND SEPARATION OF THE DYESTUFFS IN THE INK

a This is restricted to a comparison of the dyestuff, in the ink but sometimes it is also possible to
identify one or more of the components of the dyes.
b Regarded as the principal method of ink examination.
c To identify a dyestuff, it is necessary to possess a collection as complete as possible of the
various dyes used in the manufacture of inks.
d The chromatographic separation of the dyes maybe carried out by paper chromatography.
e Procedure:
 Collection of the ink material
1 Extraction of the inks stroke by scraping fragments from the ink stroke
or by dissolvent such as ethanol, acetone or butanone. Pyridine is the
best solvent for ball point inks.
2 It is also possible to cut a small pocket at starting line in the
chromatographic paper into which the ink fragments are placed. The
pocket is firmly pressed.
 The vessel which is a beaker or a flask is filled with the solvent; then the
flittered paper strip containing the ink material is lowered into the vessel with
the ends just touching the surface of the solvent and let it hang on the side of
the vessel for 15-20 minutes.
 The chromatography should be carried out in shaded light.

B. DETERMINATION OF THE AGE OF THE INK

In general, in order to determine the age of writing or the difference in the ages of different
writings, the document examiner makes use of a property of the ink writing which changes in the
course of time. This selection of properties will be determined by the composition of ink and the
circumstances under which the writing ages.

Procedure:

a. Ball Point Pen Inks

a If a document has been written with a ballpoint pen, the writing in question is bound to date in
all probability from a point of time later than 1945.
b The analysis of ballpoint inks may yield an important clue to the age of the ink.
c The first ballpoint inks were practically without exception based on oleic acid. These inks will
flow out when a drop of benzene or petroleum ether is applied to them.
d Not until 1950 were these inks made on a basic polyethylene glycols, which are resistant to
treatment with benzene or petroleum ether. However, the presence of oleic acid is not yet
proof that the writing in question is old for oleic acid is sometimes also used in modern ballpoint
inks.
e In the later case, however, the ink will as a rule not flow out with petroleum ether because these
inks, no water soluble coloring matter is worked out. Instead pigments and dyestuff are used
that will not dissolve in petroleum ether.
 f The presence of phthalocyanine dyestuff is an indication of an ink produced later than 1954-
1956.
g Thus it is not possible to determine the absolute age of ballpoint inks. Neither it is possible to
determine the relative ages of two ballpoint ink writings, not even if they are of the same kind.
The ink dries rather quickly because the base is absorbed by the paper.
h Recent ballpoint writing can be offset, and efforts have been made to used the copying power
for age determination.

Dyestuff inks

a The dyestuff inks lack properties that would permit age determination but the presence of an
obsolete or modern dyestuff may indicate age of writing.
b If a phthalocyanine dye is found in the ink, it would be improbable for the document to be
dated prior to 1953.
c Iron Gallotannate Inks – These inks show a remarkable change of color in maturing. This based
on the chemical change of ferrous to ferric in the course of time.
d Method based on the change of the Color of the Ink – useful in those cases where the ink
writing received for examination is too recent that the process of maturing can be observed
visually. The kind of ink must be known and one or more writing of know age must be available
for comparison.
e Methods based on the Solubility of the Ink – The solubility of iron gallotanate ink decreases
considerably as the ink matures. As with the color changed, it can only be applied successfully
to a very recent writing. This method can establish a difference in the age of writings on one
and the same document. The solubility is determined by visual estimate of the quantity of ink
which can be withdrawn with a drop of water from a stroke. It is necessary however that the
drop of water be applied to ink stroke of the same intensity.
f Method based on the amount of ferrous iron in the ink – In iron gallotannate ink, the iron is
mainly present in the complex bound ferrous form. As the manufacturing process goes on, the
ric gallotannate is formed. A drop of aa1-dipyridyl reagent (1% of aa1-dipyridyl in 0.5N HCL
(normal hydrochloric acid)) is applied to the ink stroke. The reagent is left in contact with ink for
1 minute and then recovered with a piece of filter paper. If ferrous iron is stil present in the ink,
the paper will show a red zone of ferrous aa1-dipyridyl around the stain of blue dyestuff. By
repeating this test daily, it is possible to check the decreases in the ferrous iron in the ink by the
changes in the coloration of this red zone. However, this method is applicable when the
questioned writing is not more than a few days old.
g Estimation of age based on the detection of the dyes – Iron gallotannate inks contain an
organic dye, (soluble blue) which is oxidized or at least becomes insoluble complete or partially
as the ink ages. It is claimed that the organic dye becomes completely insoluble in four to five
years. However, the application of this method appears to yield results in practice.

CHAPTER V

FORGERY, COUNTERFEITING AND FALSIFICATION

A. Forgery

FORGERY- Strictly speaking, a legal term which involves not only a non-genuine document but also and
intent to fraud. However, it is also used synonymously with fraudulent signature or spurious
document.

CATEGORIES OF FORGERY

A. STIMULATED OR FREEHAND IMITATION FORGERY- executed purely by simulation rather

than by tracing the outline of a genuine signature can be referred as freehand imitation or
simulated forgery.

1 SIMULATED WITH THE MODEL BEFORE THE FORGER

 a DIRECT TECHNIQUE – forger works directly with ink.

b INDIRECT forger works first with pencil and afterwards covers the pencil
strokes with ink.

2 SIMULATED FREE HAND FORGERY (TECHNIQUE)- used by forgers who have a certain
skill in writing; After some practice, the forger to write a copy of the model quickly.

B. TRACED FORGERY (TRACED SIGNATURE)

1 DIRECT TRACING- tracing is made by transmitted light.

2 INDIRECT TRACING- forger uses a carbon paper and place document on which he will
trace the forged signature under the document bearing the model signature with
carbon paper between the two.

TYPES OF TRACED SIGNATURE;

1 CARBON PROCES

2 INDENTATION PROCES

3 TRANSMITTED LIGHT PROCESS

C. SPURIOUS SIGNATURE (SIMPLE FORGERY) – Forger does not try to copy a model but writes
something resembling what we ordinarily call a signature.

D. FORGERY BY MEANS OF A STAMPED FACSIMILE OF A GENUINE OR MODEL

E. FORGERY BY COMPUTER SCANNIN

INDICATIONS OF SIMULATED (Direct & Indirect Techniques) and TRACED FORGERIES

a Tremulous and broken connecting strokes between letters.

b No rhythm

c Carefulness or unusual care and deliberation

d No contrast between upward and downward strokes

e Slow writing – angular writing

f Blunt beginning and endings

g Placement of diacritical marks just over the stem of letters.

h Absence of spontaneity – lack of smoothness of letters

i Restrained writing – there is lack of freedom or “inhibited” movements THAT gives the
impression that every stroke is made with great difficulty. This writing is small.

j No variation.

INDICATIONS OF SIMPLE OR SPURIOUS FORGERY – Writing habits of the writer (forger) is evident in
the forged signature.

INDICATIONS OF FORGERY BY MEANS OF STAMPED FACSIMILE OF A GENUINE SIGNATURE

 a Flat strokes

b No contrast between upstrokes and down strokes

c Deposit of ink at the junction of two strokes or where two strokes cross each other.

d No variation – all signatures will superimpose over each other.

WHAT ARE THE CRIMES CALLED FORGERIES?

a Forging the seal of the government, signature or stamp of the chief Executive (161).

b Counterfeiting coins (163)

c Mutilation of coins (164)

d Forging treasury or bank notes or other document payable to bearer (166).

e Counterfeiting instruments not payable to bearer (167)

f Falsification of legislative documents (172)

g Falsification by public officer, employee or notary or ecclesiastical minister (171)

h Falsification by private individuals (172)

i Falsification of wireless, cable, telegraph and telephone messages (173).

j Falsification of medical certificates, certificates of merit or service (174).

B. Counterfeiting

COUNTERFEITING – It is the crime of making, circulating or uttering false coins and banknotes.
Literally, it means to make a copy of; or imitate; to make a spurious

WHEN IS A COIN FALSE OR COUNTERFEITED? A coin is false or counterfeited, if it is forged or if it is

not authorized by the Government as legal tender, regardless of its intrinsic value.

DEFINITION

 “Import,” means to bring them into port. The importation is complete before entry at the
Customs House. (U.S. vs. Lyman, 26 Fed. Cas. 1024)

 “Utter,” means to pass counterfeited coins. It includes their delivery or the act of giving them
away. A counterfeited coin is uttered when it is paid, when the offender is caught counting the
counterfeited coins preparatory to the act of delivering them, even though the utterer may not
obtain the gain he intended. Hence, damage to another is not necessary.

 “Mutilation” means to take off part of the metal either by filing it or substituting it for another
metal of inferior quality.

EXAMINATION OF SUSPECTED COUNTERFEIT BANKNOTE.

 Together with ultraviolet light, the investigator should look at the banknote with a hand lens.

 He should pay particular attention to the quantity of the portrait in the bank note. This is the
one extremely fine detail of a good engraved plate.
  The color of the ink should be compared with color of a genuine banknote. It is very difficult for
counterfeiter to match exactly the same shade of ink by genuine manufacturer.

COINS

These are pieces of metal stamped by government authority, for use as money or collectively referring
to metal currency.

MAKING OF COINS

CASTING is the most common method of making gold coins. Plaster molds bearing an image of gold
coins are filled (within a low temperature) with alloy made with lead or tin. Some molds are used for
high temperature metal such as copper or silver alloy

STRIKING OR STAMPING is the making of an impression of a coin or metal blank by pressure.

CHARACTERISTICS

 Genuine coins show an even flow of metallic grains

 Counterfeit coins feel greasy & appear slimy. The beading composed of tiny round dots
surrounding the genuine coin appear irregular & elongated depressions & are not sharp &
prominent as in the genuine. The letterings & numerals are low & worn out due to the lack of
sharpness of details. The readings are uneven & shown signs of filing.

COUNTERFEIT METAL MONEY OR COIN

Coin made of gold was to widely use but are not now often see. Government kept their
gold in the form of heavy bars called bullions and then issue papers for the value of gold. Metal
coins issued nowadays are mostly in amount for less than its face value. In most countries, the
possessions of gold coins are now forbidden except for coin collectors.

EXAMINATION OF COUNTERFEIT COINS – should be examined by:

a A magnifying lens
b Comparing it with a know coin

DEFECTS IN CAST COIN ARE USUALLY CAUSED BY:

a Formation of air bubbles, or

b Removal of small parts of the sole along with the coin.

The best place to examine a counterfeit coin is on the edge since there are usually special
milling marks or designs which are added to a genuine coin by machinery.

COUNTERFEIT PASSPORT

Passports are rarely counterfeit, because they are quite complicated in design and
manufacture. The most usual method of forgery is to steal a genuine passport and make change in it.
Many safety features are incorporated in passport and are easily detected by close inspection.
Ultraviolet light is very useful in this type of examination. The investigator should look
particularly at the photograph in any passport as identification card. This is always necessary because
sometimes forgers remove and change or substitute the picture. Hence, the position of perforation
caused by staples and another pasting device should be studied carefully.
C. Falsification

ACTS OF FALSIFICATION (Art. 171 & 172)

 Counterfeiting or imitating any handwriting, signature or rubric;

 Causing it to appear that persons have participated in any act or proceeding when they did not
in fact so participate;

 Attributing to persons who have participated in act or proceeding statements other than those
in fact made by them;

 Making untruthful statements in a narration of facts;

 Altering true dates;

 Making any alteration or intercalation in genuine document which changes its meaning;

 Issuing in an authenticated form a document purporting to be a copy of an original document

when no such original exists, or including in such copy a statement contrary to, or different
from, that of the genuine original; or

 Intercalating any instrument or note relative to the issuance thereof in a protocol, registry or
official book.

DOCUMENTS MAY BE SIMULATED OR FABRICATED.

a In falsification of public document, the falsification need not be made on an official form. It is
sufficient that the document is given the appearance of, or made to appear similar to, the
official form. (People vs. Tupasi, C.A., G.R. No. 290-292, March 22, 1937).

b The simulation of public, official or mercantile document is also contemplated in falsification of

those documents (People vs. David, C.A., G.R. No. 44368, Nov.27, 1936)

oOo
 LEGAL MEDICINE

Legal Medicine, defined: it is that branch of medicine which deals with the application of medical
knowledge to the purpose of law and in the administration of justice.

The application of basic and clinical, medical and paramedical sciences to elucidate legal matters.

TYPES and NATURES of INJURY

1. Lacerated wound / tear (putok) – open wound caued by a blunt object or instrument.

These wounds are torn, rather than cut. They have ragged, irregular edges and masses of torn
tissue underneath. These wounds are usually made by blunt, rather than sharp objects.

Eg: Fist blow in the face, bump of the car, bamboo, lead pipe.

2. Punctured wound (tusok) – caused by a sharp pointed instrument or object.

Punctures are caused by objects that penetrate into the tissues while leaving a small surface
opening. Wounds made by nails, needles, wire, and bullets are usually punctures. As a rule small
puncture wounds do not bleed freely.
 Eg.: Syringe, needle, pen, ice pick, nail (.5cm.)

3. Incised wound (hiwa/ cut/ slash) – caused by a sharp edged instrument. Incisions, commonly
called CUTS are wounds caused by sharp cutting instruments such as knives, razors, and broken
glass. Incisions tend to bleed freely because the blood vessels are cut cleanly and without
ragged edges.

Eg.: Knife, blade, scalpel.

4. Stab wound (saksak) – caused by an instrument sharp point with a sharp edge. A small surgical
incision caused by a thrust with a sharp instrument. (single/ double bladed).

5. Hacking wound (taga) [bolo/axe] – large incise wounds.

6. Contusion (pasa) – tapture of blood vessels due to forceful contact due to a blunt object or
instrument. Another name for a bruise.

A bruise or contusion is caused when blood vessels are damaged or broken as the result of a
blow to the skin. (be it bumping against something or hitting yourself with a hammer.)

7. Hematoma (bukol) – blood cyst or tumor – extravassation of blood that newly formed cavity,
also cause by a blunt object.

An abnormal localized collection of blood in which the blood is usually clotted or partially
clotted and is usually situated within an organ or soft tissue space, such as within a muscle. A
hematoma is caused by a break in the wall of a blood vessel.

8. Abrasion (gasgas) – contact with a rough surface / friction or scratching.

Made when the skin is rubbed or scraped off. Rope burns, flood burns, and skinned knees or
elbows are common examples of abrasions.
This kind of wound can become infected quite easily because dirt and germs are usually
embedded in the tissues.

Types of Abrasions

1. Linear
2. Multi-linear
3. Confluent (tapyas)

Special Types of Wounds

1. Patterned wound
2. Defense wound
- A wound sustained when a victim places a hand, arm or other body part to prevent or
minimize a blow or slashing by a sharp weapon.
3. Self-inflicted wound
4. Suicidal wound

Gun Shot Wounds – A person with a gunshot wound has an injury from a bullet that was fired from a
gun.
Classification of Firearms
1. Short (revolver, pistol)
2. Long (rifle, AK47, M16, Machine Gun etc.)

Major parts of Firearm

 1. Barrel
2. Handle
3. Trigger
4. Percussion cap
5. Firing Pin
6. Muzzle

Kinds of Ballistics
1. Internal / Interior – from the time you pull the trigger
2. External – from the time it leaves the barrel of the gun
3. Terminal – effect of the bullet on an object when hit
4. Medical – when a bullet hits human body.

Firearm identification – used to determine whether the gun that is subject of the investigation has the
same gun used or fired.
Parts of Ammunition (bala)
1. Shell / cartridge
2. Gun powder – inside the shell
3. Primer – made up of lead, antimony, barium
4. Projectile (tingga)

Products of Combustion
1. Smudging smoke or soop
2. Singeing – (kulot pag natamaan)
3. Tatooing, peppering, stippling
4. Contusion or collar
-would help determine the relative position between the assailant or the victim and or the
trajectory of the bullet.

Point of Entry Point of Exit

Smaller and oval in shape unless it is a Usually bigger and irregular or stellate in
close contact fire. shape.

The edges are inverted Everted, and tissued are protruding.

Depending upon a distance, may be Always negative.

positive for the products of combustion
and paraffin.

Have a contusion or abrasion collar Absent

Parrafin test – used to determine whether the subject has recently fired a gun or not.
-not used to determine whether the subject is the killer or shooter.
-the value of the test is only presumptive, not conclusive, because of false positive and false negative
results.
FALSE POSITIVE
1. Subject recently fired a gun
-totally not related to the incident in question
 2. Subject is a smoker
3. Subject is a farmer who deals with fertilizer.

FALSE NEGATIVE
1. Subject is a professional
2. Incessant rushing with water and soap (suka)
3. Paraffin test was done beyond 3 days from the time of incident.

WITNESS
- A person who by perceiving and made known his perception to others.
- Person who testifies under oath in a trial with first hand or expert evidence useful in a
lawsuit.
- A person who sees an event.

Who cannot be a witness?

-Those who cannot made known his perception to others
* Children
* Senile / Insane
* Those who have previously been convicted of perjury
Two Types of Witnesses:
1. Ordinary – goes to court and specify what he has perceived.
2. Expert – goes to court to enlighten the court to render his expert opinion on matters.
- He has authority on that particular field.

Subpoena – order issued by the court to a person to appear in court.

A “subpoena ad testificandum” is a court summons to appear and give oral testimony for use at a
hearing or trial.
CONTEMPT OF COURT
-any willfull disobedience to or disregard of a court order or any misconduct in the presence of a court
action that interferes with a judge’s ability to administer justice or that insults the dignity of the court.
Punishable by fine or imprisonment or both.
2 kinds:
Direct – inside the court room or anywhere in the court room
Indirect – outside the court room, defied the order of the court.

VIRGINITY
- A condition of a female who has not experience sexual intercourse and whose genital
organs have not been alteres by carnal connection and whose hymen is still intact.

Virtuous Female
- If her body is pure and if she has never had any sexual intercourse with another though her
mind and heart is impure.

Kinds of Virginity:
1. MORAL – the state of not knowing the nature of sexual life and not having experienced sexual
relation.
- Applies to children below the age of puberty and whose sex organs and secondary sex
characters are not yet developed.
2. PHYSICAL – condition whereby a woman is conscious of the nature of the sexual life but has
not experienced sexual intercourse.

The term applies to women who have reached sexual maturity but have not experienced sexual
intercourse.

Distinction between True and False Physical Virginity.

a) True Physical Virginity – a condition wherein hymen is intact with edges distinct and regular
and the opening small to barely admit the tip of the smallest finger of the examiners even if the
thighs are separated.
b) False Physical Virginity – a condition wherein the hymen is unruptured but the orifice is wide
and elastic to admit two or more fingers of the examiner with a lesser degree of resistance.
 -the hymen may be laxed and distensible and may have previous sexual relation. In this
particular instance the physician may not be able to make a convincing conclusion that the
subject is virgin.

3. DEMI-VIRGIN
-this term refers to a condition who permits any form of sexual liberties as long as they abstain
from rupturing the hymen by sexual act.
- the woman may be embraced, kissed, may allow her breasts to be fondled, her private organ
to be held and other lascivious acts.
- the woman allows sexual intercourse but only “inter-femora” or even “inter-labia” but not to
the extent of rupturing the hymen.
- hymen is still intact

4. “VIRGO INTACTA”
- literally the term refers to a truly virgin woman; that there are structural changes in her organ
to infer previous sexual intercourse and that she is a virtuous woman.
- inasmuch as there are no conclusive evidence to prove the existence of such condition, liberal
authorities extend the connotation of the term to include women who have had previous sexual act or
even habitually but had not given birth.

Defloration – is the laceration or rupture of the hymen as a result of sexual intercourse.

- All other lacerations of the hymen which are not caused by sexual act are not considered as
defloration.

Other causes of Hymenal Laceration:

1. Passage of clotted blood during menstruation
2. Ulceration due to disease like diphtheria
3. Jumping or Running
4. Falling on hard sharp object
5. Medical instrumentation

6. Self-scratching or irritation
7. Masturbation
8. Insertion of foreign bodies
9. Previous operation
10. Horseback riding
11. Aerobics / biking
12. Throma to the genitalia

Degree of Laceration:
a) Incomplete Laceration
- Rupture or laceration of the hymen is considered incomplete when it does not involve the
whole width or height of hymen.
 Superficial – the laceration does not go beyond one-half of the whole width of the hymen
 Deep – the laceration involves more than one-half of the width of the hymen but not reaching
the base.

b) Complete Laceration
- The hymenal laceration involves the whole width but not beyond the base of the hymen

c) Compound or Complicated
- The laceration involves the hymen and also the surrounding tissues.
- It may involve the hymen also the surrounding tissues.
- It may involve the perineum, vaginal canal, urethra or rectum.

DEATH
 - Complete cessation of all cardio-pulmonary (heart-lungs) and/or cessation of brain activity.

3 Kinds of Death
1. Somatic Death / Clinical Death
o Dead for less than 3 hours.
o Dead, but cells are still alive
2. Molecular /Cellular Death
o Dead for 3-6 hours
o Death also of the cells
3. “Apparent Death” or State of Suspended Animation
o Transient loss of consciousness or
o Temporary cessation of the vital functions of the body
- It is important to determine the condition of suspended animation to prevent premature burial.

MUSCULAR CHANGES in the BODY following DEATH

Importance: help us determine the approximate time of death.
1. Stage of Primary Flaccidity:

-AKA “post-mortem irritability.”

-The muscles are relaxed and capable of contracting when stimulated.
-Died less than six (6) hours.

2. Stage of Post Mortem Rigidity:

-AKA “Rigor Mortis”

-The whole body becomes rigid due to the contraction of the muscles.
- Six (6) – twenty four(24) hours

3. Stage of Secondary Flaccidity / Onset of Decomposition:

-AKA “commencement of putrefaction”
-Relaxed and soft but with foul odor
- 24-36 hours ++

Forensic Entomology – involves the insects that are eating up the body.

POST MORTEM LIVIDITY

-it occurs in most extensive areas of the most dependent portions of the body.

Importance: to determine the position of the body when the person died.

2 KINDS:
1. HYPOSTATIC LIVIDITY – blood still fluid on form.
2. DIFFUSION LIVIDITY – blood has already coagulated, blood already clotted.

POST MORTEM EXAMINATION

- Intermal examination of the dead.

Importance: to determine the cause of death.

AUTOPSY:
- Both the internal and external examination of the dead.

NEGATIVE AUTOPSY – after the autopsy, cause of death is still unknown.

NEGLIGENT AUTOPSY – cause of death is still unknown because of so many errors committed during
the autopsy.
An autopsy may be official and non official, the differences are as follows:
 OFFICIAL NON-OFFICIAL / NON MEDICO LEGAL

Medico legal or mandatory autopsy. hospital based or elective autopsy

Done on those who died from non-natural done to those who died from natural causes
causes
NO NEED for consent of the next of kin. consent from next of kin is needed, they will
- always a TOTAL autopsy decide whether it will be a TOTAL or PARTIAL
autopsy.
Only those authorized by law may perform by the pathologist of the hospital
this kind of autopsy

PERSONS ALLOWED BY LAW TO PERFORM OFFICIAL AUTOPSY:

- Medico legal of PNP
- Medico legal of NBI
- Municipal/ Health Officers who are considered ex-officio medical officers
- Those authorized by an ordinance or thru request from chief of police, mayor, prosecutor.

oOo

FORENSIC BALLISTICS

BALLISTICS – is the science of the motion of projectile.

ORIGIN OF B ALLISTI C – The word “BALLI STICS” originated from the Greek word
“Ballein” which means “to throw” and from the Roman word “Ballista” which is
machine to hurl a ston e.
-From those words the modern term for Forensic Ballistics was derived to
indicate the science of moving projectile.

BRANCHES OF BALLI STICS

a. ) INTERIOR BALLISTICS – traits of the motion of the projectiles while still in the
firearm, namely the studies of combu stion of the powder, pressure developed and
velocity.

b. ) EXTERIOR B ALLISTICS – traits of the motion of the projectiles after leaving

the muzzle namely trajectory, velocity, range penetration, etc.

c. ) TERMINAL BALLISTICS – traits of the effects of the projectile on impact on

the target.

d. ) FORENSI C BALLISTIC – the scien ce of firearms identification by means of the

ammunition fired through them.

DIVISION OF FORENSIC BALLISTICS:

a. ) FIELD NVESTI GATI ON – refers to the work of an in vestigation in the field. It

concerns mostly w ith the collection , marking, preservation, packing and
transmission of firearms ev idences. It include s the study of class characteristics of
firearms and bu llets.
b. ) TECHNICAL EXAMINATION – refers to the exa miners who examine bullets/ or
shells, whether fired from also whether or not cartridges were loaded and ejected
made by the suspected firearms submitted. Reports are made by the examiners and
testify in court regarding their reports.

LEGAL DEFINITION OF FIRE ARM – “Firearms” or “Arms” are herein used in cludes
rifles, muskets, carbines, shotguns, revolv ers, pistols and all other deadly weapons
from which a bullet, ball, shot, shell or other missile may discharge off by means of
gunpowder or other explosives . The term also includes air rifles except such as being
of small caliber and limited range used as toys. The barrel of any firearm shall be
considered a complete firearm for all purposes hereof ( Sec. 877, Revised
Administrative Code see also Sec. 290 Nati onal Internal Revenue Code).

TECHNICAL DEFINITI ON OF FI REARM – instrument used for the propu lsion of a

projectile by means of expansive force of gases from burning pow der.

AMMUNITION ( defined) – un der the National Internal Revenue Code the word
“Ammunition” shall mean loaded shell for rifles, muskets, carbines, shotguns,
revolvers and pistols from which bullets, ball shot, shell or other missile may be
ammunition for air rifles.

PRINCIPLES OF IDENTIFICATION (BULLETS)

1. No two barrels are microscopically i dentical as the surface of their bores

all possesses in dividu al characteristics markings of their own.

2. When a bullet is fired from rifled barrel, it becomes engraved by the rifling
and this engraving w ill vary in its minute details with every individual b ore.
So it happens that the engraving on the bullets fired from one barrel will
be different from another bu llet fired from another barrel.

3. Every barrel leaves its thumb mark or fingerprint on very single bullet fired
through it just as every breech face leaves its thumb mark on the base of
every fired cartridges case.

PRINCIPLES OF IDENTIFICATION (SHELLS)

1. The breech face and striker of every sin gle firearm leave microscopical
indiv idualities of their own.

2. The firearm leaves its “fingerprints” or “thumb mark” on ever cartridges

case which it fires.

3. The whole principles of identification is based on the fact that since the
breech face of every weapon must be individually distinct, the cartridges
cases which it fires are imprinted with this indiv iduality. The imprints on
all cartridges cases fired from the same weapon are always the same; those
on cartridges cases fired from different weapons are different.

TYPES OF PROBLEMS: There are six (6) types of problems in Forensic ballistic,
namely:

Type 1- Given bu llets, to determine the caliber and type of firearm from which
it was fired.

Type 2- Given a fired cartridge case, to determine the caliber and type of
firearm from which it was fired.
Type 3- Given a bullet and a suspected firearm, to determine whet her or n ot the
bullet was fired from the suspected firearm.

Type 4- Given a fired cartridge case an d a su spected firearms, to determine

whether or not the cartridge case was fired from the suspected firearm.

Type 5- Given two or more bu llets, to determin e whether or not they were fired
from only one firearm.

Type 6- Given two or more cartridges cases, to determine whether or not they
were fired from on ly one firearm.

CLASS CHARACTERISTICS – Those which are determine prior to the manufacturer of

the firearm and are w ithin control of man. These serve as basis to identify a certain
class or group of firearm.

a) Caliber (Bore D iameter) e ) Width of grooves

b) Number of lands f ) Direction of twist
c) Number of grooves g ) Pitch of ri fling
d) Width of lan ds h ) Depth of grooves

INDIVIDUAL CHARACTERISTICS – Those which are determinable on ly after the

manufacture of the firearm. They are characteristics whose existence is beyond the
control of man and which have random distribution. Their existence in a firearm is
brought about by the tools in their normal operation resulting through wear and
tear, abuse, militilations, corrosion, erosion and other fortuitous causes.

SMALL ARMS – firearms whic h propel projectiles of les s than one inch in
diameter.

TYPES OF SMALL ARMS GENERAL:

a) Smooth-bore – firearm which do not have rifling

Ex: shotguns, muskets

b) Rifled-bore – firearm which contain rifling marks.

Ex: pistols, revolvers, rifles

SMALL ARMS AMMU NITION – small arms ammunition consists of cartridges used in
rifles, carbines, revolvers, pistols, sub -machineguns and shell used in shotgun.

EQUIVALENT OF CALI BERS IN INCHES AND MILLIMETERS:

a) Caliber .22 – About 5.59 mm.

b) Caliber .25 – About 6.35 mm.
c) Caliber .32 – About 7.65 mm.
d) Caliber .30 – About 7.63 mm. (mouser)
e) Caliber .38 – About 9 mm.
f) Caliber .45 – About 11 mm.
g) Caliber .30 – About 7.56 mm. (Luger)

RIFLING – consist of a number of helical grooves cut i n the interior surface of the
bore. The rifling in firearms may be divided into the follow ing types:

a) Small type – four grooves, right han d twist, grooves and lands of equal width.
(4R G-L)
b) Smith and Wesson type – five grooves, right hand twist, grooves and lands of
equal width (5R G-L)

c) Browning type – six grooves, right hand twist, narrow lands and broader
grooves (6R G2X)

d) Colt type – six grooves, left hand twist, narrow lands and broader grooves (6L
G2X)

e) Webley type – seven grooves, right hand twist, narrow lands and broader
grooves ( 7R G3X)

f) Army type – four grooves, right han d twist, narrow lands and broader grooves
(4R G3X)

PURPOSE OF RI FLING – is to impact a motion of rotation to a bullet during its

passage inside the b arrel in order to insure gyroscopic in the flight, and so that it
will travel nose -on towards the target.

PARTS OF CARTRID GES

a) Bullet c) Gunpowder
b ) Shell d ) Primer

TYPES OF CARTRIDGES:

a) Pin-fire – the pin extends radically through the need of the cartridges case
into the primer.

b) Rim- fire – the priming mixture is placed in the cavity formed in the rim of the
head of the cartridges case. The flame produced is in direct communication with the
powder charge. Used in the calibers .2 2, .25 and .45 Derringer pistols.

c) Center-fire – the primer sup is forced into the middle portion of the head of
the cartridges case and the priming mixture is exploded by the impact of the firing
pin. The flame is communicated to the pow der charge thr ough the vents leading into
the powder charge.

TYPES OF CENTE R-FI RE CARTRIDGES:

a) Rimmed type – the rim of the cartridges case is greater than the diameter of
the body of the cartridges case. Ex: Cal .38 and Cal .22

b) Semi rimmed type – the rim of the cartridge case is slightly greater than the
diameter of the body of the cartridges case. Ex: Cal. Super .38 auto, Pistol, .32 an d
.25

c ) Rimmed less type – the rim of the cartridges case is equal to the diameter of the
body of the cartridge case. Ex : Cal .45 Auto Pistol .30 carbine .223

PROCEDURE AT THE SCENE OF SHOOTING CASES

When an officer arrives upon the scene of a shooting case, he is usually confronted
by a condition of utter confu sion . Neighbors and onlookers are crowded
around the place; relatives are weeping and hysterical. In his career as an
 officer he will meet with other situations which require as much as much
poises tact and common sense when he appears upon the scene of homicide.

His first duty is to clear the premises of all pers ons so that an intelligent
investigation is not a matter of five or ten minutes, but it requires that a
defin ite routine shall be followed, if mistakes are to be avoided. Things should
be done, which may appear wholly unnecessary at the time, but on ly to
become v itally important later. One can never forces the angels that will
develop and it is far better to do a hundred things unnecessarily than to miss
doing one that might mean the solution of the case. The victim is dead and
will stay dead. The officer m ay be important by reporters or other to do things
which he is not yet ready to do – to give statement to the press or to draw
conclusion. In spite of all persuasion s, he should bear in mind that there is one
purpose and one pu rpose only, and that is to ca rry out an intelligent
investigation.

Upon receiv ing a cell to the sense of a shooting case, the officer shou ld always take
along with him a loose -leaf notebook and fountain pen to make notes at the
time and on the place and n ot trust to his memory to rec on struct the situation
at his convenience.

When the officer is summoned on such an errand, his procedure shou ld follow a
logical pattern. His observation should be put in writing at the time of his
investigation to keep for future references and to produ c e in court if
necessary. These steps are as follows:

1. Note accurately in writing the time he received the call and by whom it was
sent.
2. Note accurately the time he arrive at the scene and the correct address.

These first two items seem to be triv ial, but it is amazing how often in court
they become of v ital importance. It is not uncommon that the officer is
unable to fix the time accurately within an hour to the satisfaction of a jury.

3. He shou ld ascertain if the v ictim is dead, an d if not non -medical aid or remove
the body to a hospital, otherwise the body should not be disturbed.

4. Immediately clear the premises of all bystanders and under no circumstan ces
allow anyone to touch or remove anything in the v icinity.

5. Use every effort and means to identify th e deceased.

6. Does the body lie where the shooting took place? Often , before the officer
arrives the body will be moved by a bystan der. Frequently it will be picked up
off the floor and put a bed or taken from one room to another.

7. Take the names and addres ses of all witnesses and take written notes on the
statement of as many persons as practicable.

8. Photograph the body from all ang le s to show its relation ship to doors,
windows, furniture’s and other objects in the room.

9. Measure with a tape the exact dista nce of the body with relation to the
previously mentioned fixtures of the premises.

10. Note in writing the exact position where he found the body whether he found
it lying on the side, back or abdomen that objects if any, were in the hands;
reports what was the condition s of the clothing and the amount of bleeding.
11. Examine the ceiling, floor and furniture for bullet holes, blood stains, fired
bullets, fired shell or shotgun wadding.

12. If there is a firearm at the scene, he should mote in writing the follow ing
observations:

a. Exactly where found.

b. Type of weapon – automatic pistol, revolvers, rifle, or shot gun, caliber
or gauge designation.
c. Make and serial numbers and at that time he shou ld mark his initials on
the butt or frame of the weapon for future identification.
d. Other distin ct features.

13. At the crime scene note down where the empty shells, bullets and/ or firearms
where found and make a diagram to illustrates the same, to show their
relatives distances from the body of the v ictims, Photograph if po ssible.

14. Be careful in handling a firearm found at the scene of the crime for they may
have latent fingerprin t on the parts of the firearm. Note down the type, kind,
make caliber and serial number. I f there are fingerprints, su bmit said firearm
to a fingerprint technician but be sure that the firearm should not be
disturbed.
15. Mark the empty cartridges cases inside or near the mouth by scratching the
initials to the investigation or the initials of the victims.

16. Mark the bullets at the give (or nose) by scrat ching the investigation’s initials
of the v ictim but definitely NOT at the rifling marks ( landmarks an d groove
marks).

17. Mark the empty shotgun shells with indelible ink at the body.

18. The barrel of the firearms must be marked too.

19. After marking the empty s hells and bullets, wrap them separately and
indiv idually with soft tissue paper and note down on the wrapper where each
was found the time and date. The purpose of wrapping them separately is to
avoid being scratched.

20. When a lead bullet is found at the sc ene of the crime the body of the v ictim,
the presumption is that a Revolver was used.

21. When a jacketed bullets is found at the scene of the crime or in the body of
the victim, it can be measured that a presumed that a Automatic Pistol or
Automatic Weapon w as used.

22. When an empty shell is found at the scene of the crime, the presu mption is an
Automatic Pistol or Weapon was used.

23. When one empty shell is found at the scene of the crime, the presumption is a
Revolver was used.

24. In the bore of a barrel, the depressed portions are the grooves, and the raised
are the lands.

25. On a fired bu llet, it is the reverse. The landmarks are the depressed portions,
and the groove marks are the raised portion s.
 26. To determine the real direction of the riflin g twist in a rifl ed barrel, peep thru
the barrel, place a land or groove in inclin es to the right, then it has a right
twist and if it in clines to the left, then the rifling twist is left.

27. To determine the direction of the twist of a bu llet, look on the bullets in an
elongated position. If the landmarks and groove marks incline to the right,
then it has a right twist and if it is inclines to the left, then the rifling twist is
right. If the inclination is left then it is a left twist.

28. A fired bullet will acquire the class characteristics of the bore of the barrel
from which it was fired. So therefore if a bore has class characteristics of .45
caliber, .6 lan ds, .6 grooves, right twist, groove wider than the land, each
characteristics will be marked on the bu llet it fires.

29. It is the rifling of the bore that marked a fired bullet.

30. So if a fatal will have the same class characteristics as the bore of the
suspected gun, then it is possible that the bullets cou ld have been fired from
the suspected gun.

31. To determine definitely if the bullet above was fired or not from a suspected
gun, then the case must be sent to a Forensic Ballistics Experts who will
conduct the proper examinations.

32. If two bullets do not have the same class characteristics, definitely and
conclusively they w ere NOT fired from the same barrels.

33. If a fatal bullets does not have the same class characteristics as the suspected
firearm ( barrel) , then conclusively the bullets was not fired from said barrel.

The following are su ggestions for the inv estigator to ob serve in testifying in
courts of justice:

1. Be prepared.
2. Be calm and well poised.
3. Tell the truth, nothing but the truth.
4. Be courteous.
5. Be natural and sit straight forward.
6. Do not volunteer.
7. Keep your temper.
8. Listen to the question asked before giving your answer.
9. Speak loud enough to be heard.
10. Watch your personal appearance and conduct in the courtroom.
11. Answer only what you are asked, no more.

DEFINITIONS OF TERMS

1. PERCUSSION – Action when the priming mixture of chemical compound hit or

struck by firing in wou ld ign ite.

2. JUXTAPOSITION – Tw o objects is ev idence bullet an d test bullet are examined

and compared under the bullet comparison microscope. In clu des also the
examination of fired shells.

3. BALLO or BALLEIN – Greek words where Ballistics wa s derived from which

means “to throw ”.

4. BALLISTA – The early Roman was Machine – a gigantic bow or Catapult.

5. BALLISTICS – Science of the motion of projectiles.

6. FORUM – A Greek word of forensic which means debatable, argumentation in

relation to the court of justice.

7. FORENSI C BALLI ASTI CS - The stu dy of firearms identification by means of

ammunition fired from them.

8. BALLISTICIAN – Person whose know ledge in identification is accepted by the

courts and other investigation agencies.

9. ABRASSION – ( in the world) Scratches cause by using improper cleaning

materials, or by firing ammunition with bu llets to which abrasive material was
adhering. Normal enlargement of the bore and wearing away of lands due to
the abrasive action of the bu llets.

10. BLACK POWDE R – A mechanical mixture of charcoal, sulfur and salt paper.
Burned with considerable white smoke.

11. CARTRID GE – is a complete unfired unit of bu llets, cartridge case, gunpowder

and primer.

12. AMMUNITION ( legal) – SEC. 877 of the RAC – shall mean “loaded shell” fo r
rifles, muskets, carbines, shotguns, revolv ers and pistols which a ball, bullet
shot shell or other missile maybe discharges by means of gunpowder or other
explosive. The term includes ammunition for a rifles as mention ed else where
in the code.

Ammunit ion (techn ical) – refers to a group of cartridge or to a single unit cartridge,
meaning a complete unfired unit con sistin g of bullets, cartridge case, gun powder
and primer. The term may also refer to a single round.

13. BALL BULLETS – Bullets have soft lead cou rse inside a jacket.

14. ROUND – one single complete cartridge.

15. BULLET ENERGY – the powder possessed by a moving bullet, or in other words
its ability to keep going meets a n obstacle of immense importance, for
obviously, the more powder a bullet has an d the harder it is to stop the, more
effective it can be as a weapon.

16. BULLET RECOVE RY BOX – consist of a wooden box, 12” x 12” x 96”, with the
hinged to cover and with one end open . This long box is filled with ordinary
cotton and separated into section by card board partitions.

17. CALIBER – is the diameter of the inner su rface of the barrel that is measured
from land to land.

18. DUMDUM BULLET – “Dumdum” is an out molded and genera lly misused term.
It was an unofficial n ame first applied hallow point bullets maid at the British
arsenal at Dumdum, India.

19. EROSI ON – the mechanical wear and tear of the inner surface of the gun
barrel due to the mechanical abrasion or gliding.
20. CORROSION – the mechanical wear and tear of the inside of the gun barrel
due to rust formation or chemical action of the by products of combustion
after firing.

21. CANNELU RE ( bullet) – A knurled ring or serrated grooved around the body of
the bu llet which c ontains wax for lu brication in order to minimize friction
during the passage of the bu llet inside the bore.

22. CALIPE R – an instrument used for making measurement such as bu llet

diameter and bore diameter.

23. CHILLED SHOT – shotgun pellets made from lead espec ially hardened by the
addition of a slight amount of antimony.

24. CLASS CHARACTE RISTICS – are those that are determinable even before the
manufacture of the firearm. It is categorized into caliber or gau ge number of
lands and grooves, width of land and groov es, twist of rifling, patch of rifling
and depth of grooves.

25. RANGE – the straight distance between muzzle and target.

26. POINT BLANK RANGE – popularity used to indicate the distance the bu llet will
travel before it drops enough to require sight adjustment. A shot fired so
closed to the target that no sighting is necessary for effective aiming.

27. MAXIMUM RANGE – the farthest distance that a projectile can be propelled
form a firearm.

28. GALLE RY RANGE – the indoor targets ran ge on properly constructed indoor
ranges, firing maybe conducted with center fire pistols and revolvers at range
of 25 years and 50 years. Such installation are generally referred to as indoor
ranges the term gallery being applied usually only to short range 22 caliber
installation .

29. EXTREME RANGE – the greatest distance the bullet will travel the cartridge is
fire.

30. EFFECTIVE RANGE – the maximum distance at which a bullet may reasonable
be expected types of live target.

31. ACCU RATE RANGE – the distance w ith in which he shoots has control of his
shots.

32. FOULING - the accumulation of a deposit wit in the bore of a firearm caused
by solid by produ cts remaining a cartridge is fired.

33. GUM COTTON – a very powerfu l explosive, like nitroglycerine which is a

chemical compound and not a mixture. This is fo rmed by the action of n itric
and su lfuric acid on cotton or nay other kind of cellu lose.

34. LANDS – the raised portion between the grooves in the interior surface of the
gun barrel.

35. LAPPING – is the smoothening of the inner surface of the barrel.

36. MACHINE REST – a machine used for testing the accuracy of a firearm.
37. KNOCKING POWER – power of the bullet which believer of a very paralyzing
blow that put the victim down and may then recover if the wound inflicted
upon is not fatal.

38. STOPPING POWER – power of the bu llet which put the victim ou t of the action
instantly. So it should be understood that stopping power is n ot necessarily
the same thing as killing power. However, stopping power depends very
largely on the location of the shot.

39. PRIMER – the complete assembly of cup, priming composition, paper discs and
anvil.

40. CARTOUCHE – French word of cartridge which means ROOL OF PAPER.

41. CHARTA – Latin word for cartridges which means PAPER.

ORIGIN OF FI REARM

13 t h Century – development of firearms followed the invention of gunpowder in

Western Europe.

Berthold Schwartz – a German monk, and Roger Bacon, an En glish monk are both
credited with gunpowder invention.

-Most reference books credit Roger Bacon , English monk an d Scientist w ith
the invention of gunpowder in 1248 and Berthold Schwartz, with application
of gunpowder to the propelling of a missile in the early 1300’s. This powder
was that we now call “Black Powder”.

1245 – Gen Batu , The Tartar leader, used artillery in Liegn its when he defeated the
poles Hungarians, an d Russians.

- It is also often stated that the gunpowder was first invented by Chinese,
were of gunpowder and its u se as propellant long before its advantages
became recognized in Europe.

- It may also assume the Arabs w ith their advance know ledge of chemistry at
that time.

1247 – One of the earliest recorded uses of firearms in war far w as that of an attack
on Seville, Spain.

1346 – Cannons used by K ing Edward II of England at Crecy.

1335 - Mohammad II of turkey in his famous conquest of C onstantinople.

-First firearms were inefficient, large and heavy and were not capable of being
carried by an individu al soldier; hence, the development of cannons preceded
that of small arm weapons by almost 50 years.

Man never satisfies to himself. He is always trying to improve himself and his
surrounding. He created some rule crude or primitive weapons which were
subsequently developed into sophisticated firearms of modern times.

The following are the stages of developmen t of man’s weapon:

1. Stones
 2. Cubs Knives Spears an d Darts
3. Sling shots to hurl objects
4. Bows and arrows
5. Cross – bows
6. Guns
7. Missiles

1. Col. Calvin H. Goddard M.D, OS Army – Father of Modern Ballistics.

2. Horace Smith – Foun ded the great firm Smith and Weapon and pioneered the
making of bree ch – loading regales.

3. Daniel B. Wesson – An associate or partner of smith in revel verb making.

4. John M. Browning – Wizard of modern firearms and pandered breech loading

single shot rifle.

5. John T. Thompson – pioneered the making of Thompson sub -Machine.

6. David “Carbine” Williams – maker of first kn ow carbine.

7. Alexan der John Forsythe – Father of the percussion system.

8. Elisha King Root – Designed machinery of making colt firearms.

9. Eliphalet Remington – One of the first rifle makers.

10. John Malon Martin – Founder of martin Firearms Company.

11. James Wolfe Ripley – Stimulated the development of the model 1855 riffled –
musket.

12. Samuel Colt – ( 1814-1862) – Produced the first practical revolver.

13. Henry Derringer – He gave his name to a whole classes of firearms.

14. John C. Garand – Designed the semi-automatic US Rifle, Cal. 30

15. Oliver F. Wichester – One of the earliest rifles and pistol makers.

IMPORTANT DATES I N FI REARMS HISTORY

1313 ---Gunpowder as a propellant. Te age of gunpowder began with outs first use as
a propellant for a projective. Such use has been recorded as early as 1313.

1350 ---Small arms, Gunpowder was first used on ly in cannons. It was in the middle
of the 14 t h century that portable hand, F.A was introdu ced. These guns were ignited
by a hand-held w ire or lighted match.

1498 ---Riffling, The first reference to rifled barrels appeared. Although its
important as an aid to accuracy was recognized by some, it was many years after
before rifling was gen erally u sed.

1575 ---Cartridges, Paper cartrid ges combin ing both powder and ball were
developed. This greatly speeded loading an d reduced the hazards of carrying loose
powder.
1807 ---Percu ssion system, the discovery of Forsythe in 1807 the that certain
compounds detonated by a blow would be u sed to ignite the charge in a firearm, for
the basis for all later percussion an d cartridges development.

1835 ---Samuel Colt-patented the first practical revolvers in which the cylinder was
rotated by cooking the hammer.

1836 ---Pin fire. Cartridge. Developed by Le Faucheux in 1836, was probably the first
self really the first rim fire cartridge.

1858 ---Center fire Cartridge. The Morse Cartridge of 1858 marked the beginning of
the rapid developmen t of the center fire cartridge.

1884 ---Automatic Machine Gun. Hiran M axim built the first fully Automatic gun,
utilizing the recoil of the piece to load and fire the next charge.

1885 ---Smokeless Powder. In Frnece, Veille, Developed the first satisfactory

smokeless powder, a new propellant which not only lacked th e smoke characteristics
of black powder, but also more powerfu l.

1845 ---Rimfire Cartridge. In Fran ce, Florbert develop a “bullet” “breech cap” which
was in really the first rimterfire Cartridge.

I. TWO GENERAL CLASSES OF FIREARM (ACCORDING TO Gun B arrel In ternal

Construction)

A. Smooth-bore firearms – fire arms the have no rifling (land and grooves)
inside their gun barrel.
Ex. Shot guns and mu skets

B. Rifled-the bore Firearms – Firearms that have rifling inside their gun barrel.
Ex. Pistols, Revolvers, Rifles

II. MAIN TY PES OF .As. ( According to Caliber of Projectiles Propelled)

A. Artillery – Those types of firearm that propel projectiles

more than one inch in diameter.
Ex. Cannons, Mortars, Bazookas

B. Small Arms – Propel Projectiles less than 1 inch in

diameter, Can be operated by one man.
Ex. Machines guns Shoulder arm and hand arms

III. TYPES OF FI REARMS According to Mechanical Construction

A. Single Shot F.A – type of firearms design ed to fire only one shot for every
loading.
Ex. Pistols, Rifles, Shot guns – single shots

B. Repeating Arms – Fire several shots in one loading

Ex. Rifles, Shot guns

C. Bolt Action Type – Reloading is done by man ipulation of the bolt.

Ex. Rifles, Shot guns, Machine guns

D. Automatic Loading Type –After the first shot is fired, automatic loading or
feeding of the chamber takes place.
Ex. Rifles, Shot guns
 E. Slide Action Type ( Trombone) –Loading takes place by back and forth
manipulation of the u nder forearm of the gun.
Ex. Rifles, Shot guns

F. Lever Type (Break Type) –Loading takes place by lever

action of the Firearm.
Ex. Rifles, Shot guns

IV.TYPES OF FIRE ARMS according to USE

A. Military Firearms
Ex. 1. Pistols 3. Rifles
2. Revolvers 4. Machine Guns

B. Pocket and Home Defense F.A

Ex. 1. Pistols 3. Rifles
2. Revolvers

IV. UNUSUAL OR MISCELLENEOUS TYPE

--Those types of fire arm that is unique in mechanism and construction

1. Paltik Pistols
2. Paltik Revolvers
3. PaltikRifles
4. Paltik Shot Guns

THE THREE MAIN PARTS

REVOLVERS – Cal .38 PISTOL –Cal .45

1. Barrel assembly 1. Barrel Assembly

2. Cylinder Assembly 2. Slide Assembly
3. Frame or Receiver 3. Frame or Receiver

RIFLE – Cal .30 SHOT GUN – Gauge 12

1. Barrel Assembly 1. Barrel Assembly

2. Magazine Assembly 2. Magazine Assembly
3. Stock Group 3. Stock Group

DETAILED PARTS

REVOLVER .3 8 AUTOMATI C PISTOL .45

1. Barrel Assembly 1. Barrel Assembly

a. Breech end a. Breech end
b. Muzzle end b. Muzzle end
c. Bore c. Bore
d. Rifling (lands and grooves) d. Rifling (lan d grooves )
e. Chamber
f. Interlocking ribs
g. Barrel lug
h. Barrel link
 i. Barrel link pin
j. Barrel lead ( lead)

2. Cylinder Assembly 2. Slide Assembly

a. Chambers a. Front sight
b. Extractor b. Top strap
c. Extractor rod c. Ejection port
d. Racket d. Rear sight
e. Cylinder groove e. Breech block
f. Yoke f. Breech Face
g. Cylinder locking Notches g. Extractor
h. Firing pin
i. Firing pin top
j. Serrations
k. Trade mark
l. Model
m. Interlocking lugs

3. Frame or Receiver 3. Frame or Receiver

a. Top strap a. Ejector
b. Rear sight b. Hammer
c. Breech Face c. Spur
d. Hammer d. Grip safety
e. Spur e. Thumb safety
f. Thumb latch f. Disconnector
g. Side plate g. Back strap
h. Back h. Butt
i. Firing pin i. Lanyard loop
j. Butt j. Front strap
k. Front strap k. Magazine well
l. Trigger guard l. Right side stock
m. Trigger m. Left side stock
n. Cylinder lock n. Trigger
o. Right side stock o. Trigger guard
p. Left side stock p. Model
q. Trade mark ( monogram) q. Plunger
r. Serial number r. Serial number

The automatic Pistol - Caliber .45 besides having the main parts and detailed it
has also the so called auxiliary parts (accessories) which must all be removed b efore
disassembly of the weapon can be accomplished.

1. Recoil Plug 4. Recoil Spring

2. Barrel Bushing 5. Recoil Spring
3. Slide stop pin

ADVANTAGE OF REVOLVER

1. It is an old standard weapon, every one is used to it, and almost every one
knows some thing about to handle it.

2. The revolver is safer for inexperienced people to handle and carry then an
automatic pistol.

3. The mechanism of a revolver allows the trigger pull to be better then that of
the average automatic weapon.

4. A misfire does not put revolvers out of action.

5. It will handle satisfactorily old or new or partly deteriorated ammunition
which gives a redu ced velocity that would jam an average automatic pistols.

DISADVANTAGES OF A REVOLVER

1. It is more bulky to carry than that of an automat ic pistol.

2. Its grip on handle is generally not as good as that of pistol.

3. It is hard to clean after firing.

4. It is slower to load.

5. It is harder to replace worn out or broken parts, it is factory job.

6. Worn out or poorly made weapon is su bject to variabl e accu racy due to
improper up of cylinder.

ADVANTAGES OF AN AUTOMATI C PISTOL

1. It as a better grip fits the hand points naturally.

2. It is more compact for the same fire power.

3. It is easier to load than a revolver.

4. In case of worn or corroded barrel a new one can be put in at little expense
without sending the gun to the factory.

5. It gives a greater number of shots than revolvers.

6. It is easier to clean than revolvers.

7. It gives greater fire power and greater ease of firing.

8. There is no gas leakage in its operation.

DISADVANTAGES OF AN AUTOM ATIC PISTOL

1. Ammunition must be prefect. Old and deteriorated ammunition will cause a

jam.

2. A misfire stops the functioning of the gun.

3. When the gun is kept loaded for a long period of time, the magazine spring is
under tension and may deteriorate and cause trouble.

4. The automatic pistol can not u se blank or reduced loads.

5. It has a poor trigger pull than the revolver.

6. The magazines requ ire a jacketed bu llet which is not as good for practical use
as that of lead bu llet.

7. The automatic pistol is more dangerous to handle an d fire especially for

inexperienced people due to the fact that after one shot it is always cooked
and loaded.
8. It is not adapted to reloading. It throws away empty shell at each shot.

9. Its mechan ical action ejects empty shell towards the face at each shot.

10. Its throws out empty shells on the ground to remain as ev idence.

11. It can not be fired from the pocket w ithout jamming.

EVERY POLICE OFFICER should frequently check his revolvers for:

1. Obstru ction in the barrel.

2. Bulging or swollen barrel.

3. Firing pin protrusion through recoil plate w hen trigger is in rearward position.

4. On older revolvers, the imprint of the primer on the recoil plate in relation to
the firing pin hole (to insure blow in center of the primer) .

5. Evidence of “spitting lead” around breech of barrel for complaints of fellow

shooters in the firing line.

6. Tightness of all side plate screws.

7. Tightness of ejector if the weapon is a Smith and Wesson revolvers.

8. Cleanliness and projective film of oil to prev ent rust.

NOMENCLATURE AND FUNCTION

BARREL – in itiates the path of the bullet.

FRAME – Hou ses the internal parts.

YOKE – Connecting pivot between the frame and cylinder.

EXTRACTOR – Pulls the empty shells from the cylinde r simultaneously.

EXTRACTOR ROAD – Activates the extractor and is a locking device.

CENTER PIN – Serves as a looking device for the cylinder.

CENTER PIN SRPING – Holes the center pin in a locked position.

SIDE PLATES – Provides access to the internal pa rts.

SIDE PLATE SCREW – Hold the side plate an d yoke in place.

HAMMER BLOCK – Safety device that prevents hammer blow to primer.

DOUBLE ACTI ON SE AR – Built into the weapon to allow double action fire.

HAMMER – Strikes the blow that initiates or ign ites primer.

BOLT – Disengage center prim to allow opening of cylinder and blocks hammer.

THUMBLATCH – Actu ates bolt to release the cylinder.

HAND (pawl) – Rotates the cylinder when the hammer is cocked.

CYLINDER STOP – Stops and holds the cylinder alignme nt for firin g.

TRIGGER – Actuates the parts necessary to fire the weapon.

TRIGGER GUARD – Guards the trigger from unnecessary action to avoid accidental
firing.

REBOUND SLIDE – Returns trigger, actuates hammer block and locks hammer.

TRIGGER SPRING – Provides energy for retu rn movement or rebou nd slide.

TRIGGER LEVEL – Contacts rebound slide to return trigger forward.

MAIN SPRING – Provides energy to the hammer to activate firing mechanism.

STRAIN SCREW – Con trols tension of the mainspring.

TRIGGER STOP – Prev ents excessive rearward movement after hammer the release.

RACKET – Helps in the withdrawal of the Cartridges or shells from the chambers of
the cylinder.

CYLINDER NOTCH – It helps hold the cylin der in place and aligned ready for firing.

NOMENCLATURE OF CARTRIDGE

1. Bullet – A projectile propelled from a firearm by means of explosive force of

gases coming from bu rning powder.

2. Cartridge Case – A tubular metallic container for the gunpowder sometimes

called shell.

3. Gun Powder – Is the propellant which when ignited by the primer flash is
converted to gas under high pressure and propels the bu llet or shot charge
through the barrel an d on the target.

4. Primer – The metal cap containing the highly sensitive primin g mixture of
chemical compound which wh en hit or struck by the firing pin would ign ite,
such action is called “PERCUSSION”.

CLASSIFICATION OF CARTRIDGE

A. According to the type of firearms asked

1. Revolver cartridges Used in revolver

2. Pistol cartridges Used automatic pistol
3. Rifles cartridges Used in rifles
4. Shot Cartridges Used in shot gun

B. According to location of primer

1. Pin fire cartridges no longer used (absolute)

2. Rim fire – the primer is located at the rim or the base portion
-- Use in cal .22, pistol, revolve rs an d rifles
 3. Canter fire – Priming powder is located at the center
-- E conomical can be repealed

a. Rimmed type – Used in revolvers cal .38 an d .35

b. Semi-Rimmed – Used in super .38
c. Rimless – U sed in 45 pistols, Thompson, grease gun, su bmachine gun

A. TYPICAL RIMMED FIRE CARTRIDGES

A – Case
B – Priming mixture
C – Propellant powder/ gun powder
D – Bullet
E – Sensitive Area
B. According to Caliber

1. cal .22 – u sed in revolvers, pistols and rifles

2. cal .25 – used in pistols and rifles
3. cal .30 – u sed in car bine and other rifles
4. cal .32 – used in automatic pistols and revolvers
5. cal .380 – used in pistols
6. cal .38 – u sed in revolvers
7. cal .357 – used in .357 revolvers (magnum)
8. cal .44 – u sed in magn um revolvers
9. cal .44 – u sed in automatic pistols
10. cal .50 – used in cal .50 machine gun (not use in crimes)

Cal .30 bullet is replaceable by the bullet of cal .44

Shot gun Shell

Single un it of ammo. for shot gun

It is u sually larger u sed in smooth bores capable withstan ding for less pressure.
Paper Tube
Metal base
Base rod
Battery cap
Priming cap
Anvil
Priming Powder
Propellant
Over powder wad
Filler wad
Shot
Closing wad

45-70 Cartridge
Contains 70 grains of gunpowder

Cartridge Life – a well made cartridges hav e a life of 10 years some have only 5 -6
years.
45 years or more – depend upon the surrou nding of the cartridge and climate, damp,
warn, con dition.

Bullet / slugs

Is a metallic or non -metallic cylindrical projectile propelled from a firearm by

means of expansive gases coming from burning gun powder.
 Slugs – laymen’s term – u se in court during proceedings

Projectiles propelled from a shot gun are termed shots or pellets.

Iced Bullet – Super cooled water made as a projectile of solidified bu llets have a life
of 3 minutes maximu m

History – Bullet derive from a French word B oulette which means small ball
In Government parlan ce a cartridges containing bullet is called Ball -Bullet

Ball – Comes from terminology of bu llet

-- The core of the slugs is an alloy o f lead, antimony and sometimes tin.

Armor piercing bu llet a core of tungsten chrome steel with continues to penetrate
armor cars after the jackets an d the filler have been striped away by contract with
the resistance surface.

CLASSIFICATION

A. According to mechan ical construction

1. Lead Bullet – Those which are made of lead alloys of this mental –lead, tin,
antonym—which is slightly harder than pure lead.

2. Jacketed Bullets – Those which core of lead covered by jacket of harder metal
-- The primary function of the “jacket” in a bullet is to prevent adherent of metal
(lead) to the inside of the gun barrel.

B. According to shape

Flat Base Boat Tailed Square Base Hollow Base

C. According to type/ common bu llet type

Solid Lead Solid Hollow point Solid Paper Metal Case point
Patched

Soft Metal case Hollow point Metal point rifled slug

Metal point Rifled Gaypely Quadraximun Slug

Bullet Bullet

KEY HOLE SHOT – The tumbling of a bullet in its flight an d hitting the ta rget
sideways as a resu lts of spinning on its axis. (due to destroyed barrel or loose barrel)

In generally .0002 sec. explosion of a bu llet by means of a tremendous explosion of

burning gases.

RESISTANCE of a .38 is 15,000 to 45,000 m/pound

CONTACT WOUND – 4,8 in ches – distance of the fire w ith gun powder w ithout the
burning of the tissue means firer is more than 24 inches

Copper n ickel ----- 60%

----- 40%

Gliding metal ------ 90%

----- 10%
8-4 in ches 1-3 inches
 Gun powder Gun Powder
Tattooing Priming powder Ta
powder

PURPOSE OF BULLETS

.38 Bullet --- disability purpose – used by police officers to get confession
.45 Bullet --- knocking subdue purpose
M16 --- Fatal effect
Garand and Carbine -- - penetration , long range shooting
.45 Bullet --- Knowing Subdue Purposes

Rifled Bullets (5 Prin cipal Parts)

1. Ball Bullets
2. Armored Piercing
3. Tracer Bullet
4. Incendiary
5. Explosive (fragmentation)

B. All Bullets --- have soft lead cores i nside a jacket and are used against
personnel on ly.

Armored Piercing --- have hardened steel cores and are a fired against vehicle and
other armored target is general.

Tracer Bullets --- con tains a compound at the base u sually similar barium n itrates
which is set on fire when the bullet is projected.
--- The flash of the smoke from the burnin g permits the light of the bullet to
be seen

In Cendiary --- contains a mixture of such phosphorous and other materials that can
be set on fire by impact.
---They are used against target tat will readily burn su ch as air crafts or
gasoline depot.

Explosive ( Fragmentary) --- contains a high changed explosiv e, becau se of their

small size it is difficult to make a fuse that will work reliably in small size
ammunition.
For the reason the u se of high explosive bullets is usually limited to 20 mm. and
above.

Pointed Bullet --- is more effective ballistically than the round ball of the same
weight

Soft Point or Mushroom Bullet --- w ill expand on striking an object and th ere for
produce much more serious check, and hav e corresponding greater stopping power.

Hollow Point Bu llet - -- a bullet with a cavity in the nose design to increase the
expansion when it hits the forget.

Metal Cased Bullet --- colonially u se to indicate either a metal patched or full
patched bullet.

Metal patched --- any metal patched bu llet

 Bullet having soft steal jacket often clog or plated with gilding metal to
prevent rusting and reduce frictional resistance in the bore.

CARTRIDGES CASES/ SHELL

-- Is a tabular metallic or non -metallic container which old together the bullet,
gunpowder and primer.
-- The cartridge case is the portion of the cartridges that is au tomatically ejected
from the automatic firearm during firing and this remains at the sc ene of the crime.
This is a firearm evidence than can help trace particu lar firearms u se.

FUNCTION:

1. It serves as a means whereby the bullet, gunpowder and primer are assembled
into a unit.
2. It serves as a waster proof contained for gu npowder.
3. It prevents the escape of the gases to the rear as the sidewalls of the
cartridges cases are forced against the walls of the chamber by the pressure.
It serves as the “gas seal” at the breech end of the barrel.

PARTS

1. RIM – Serve the purpose of limiting the forward travel of the cartridges into
their chambers and this also limit the clearance. If any between the heads and
the supporting surface of the bolt or breech block.

2. PRIMER POCKET – Performs tipple function:

a. Holding primer securely in control position
b. Providing or means to prevent the escape of jobs to the rear of the
cartridges.
c. Providing a solid support from primer anvil without which the latter
could not be fired.

3. VENTS OR FLASH HOLE – Is the hole in the web or bottom of the primer
pocket thought which the primer “flash” impart ignition to the primer charges.
The “opening” or “canal” that connects the priming mixture with the
gunpowder.

4. THE HE AD – THE BODY – constitute the “cork” that plugs the breech of the
barrel against the escape of the gas.

5. NECK – That part of the cartridges case that is occupied by the bullet.

6. CANNELU RES – are the separate grooves that are sometimes found “rolled”
into the neck and bodies of the cases at the location of the bu llets bases to
prevent the bu llet from being pushed back or loosened.

7. CRIMP – Is that part of the mouth of the cases tat is turned in upon the bullet.
a. if aid in holding the bullet in place
b. if after resistance to the movement of the bullet out of the neck which
effects the burning of the powder.

8. BASE – The portion of case which contains:

a. The primer which contains the priming mixture
b. The shell head which contains the head stamp caliber and the year of
manufacture.

9. SHOULDER – That portion which support the neck.

 10. EXTRACTION GROOVE – The circular grooves near the base of the case of
shell designed for automatic withdrawal of the case after each firing.

mouth
neck
shoulder
shell cannelure
body
gun powder
vent
extracting grooves
rim
primer
shell head

CLASSIFICATION ACCORDING TO CASE SHAPE (3 GEN. SHAPES)

A. --- straight
--- all rim fire shell and most center fire revolver
cartridges that are new manufactured have straight cases.

B. --- Tampered
--- is very rare but presently being used in the so called
“magnum jet” cartridges cal .22

C. --- Bottle neck

--- most modern cen ter fire rifle cartridges case are of
bottle neck types. Since this case form prov ided the
greatest powder capacity commensurate with over all case
length.

STANDARD CARTRIDGES HEAD FORMS ARE:

A. RIMMED – designed to use in revolvers, the diameter of t he base of the

cartridges is very much bigger than the diameter of the body of the
cartridges.
-- straight type cartridges
-- found in cal .30 (carbine) .32, .38 and .35

B. SEMI-RIMMED – designed to be used in automatic weapons like pistols and

sub-inactive gums such as super .38 uz1, 9mm.
-- normally found at the crime scene because they are
automatically ejected for easy firing of the firearm.

C. RIMLESS – case within the diameter of the body of the cartridges is the same
as the diameter of the cartridges cas e.
-- Use in automatic pistols such as cal .45 thompson Sub -machine gun
and cal .45 grease gun.
-- Automatically ejected like semi -rimmed type.

PRIMERS
-- Is that portions of the cartridge which consist of the brass gilding metal - cup
contain ing a highly sensitive mixture of chemical compound, which when struck by
the firing pin would detonate or ignite. Such action is called Percussion .
-- Use for igniting the gunpowder, a blow from the firing pin on the primer cup
compresses the priming mixture and thi s causes the composition to detonate on
explodes. This detonating on explosion produces “flame” which passes through the
“event” on “flash hole” in the cartridges case and this ignites the gunpowder.

ORIGIN
-- 1807 – Alexander John Forsyth
-- First one to con ceive the idea of using detonating compounds for ign iting
powder charges in small arms by percussion .
-- A scotch Presbytorian min ister chemist and hunter.
-- A well known authority on firearms
-- First su ccessfu l priming mixture was one composed of Potassium chlorate,
charcoal an d sulfur in powder form.

PARTS: In a typical center fire cartridges have four parts

1. PRIMER CU P – container of the priming mixture made up of brass, gliding

metal or copper.

2. PRIMING MIXTURE – highly sensitive chemical mi xture contained in the primer

cups.

3. ANVIL – that portion of the primer against which the primin g mixture is
crushed by a blow from the firing pin. To provide the resistance necessary to
fire the priming mixture.

4. DISC – piece of small paper on disc of the pin, foil which is pressed over the
priming mixture.

Two fold purposes

a. to help hold the priming mixture in place

b. to exclude moisture

1. primer cup 2. priming mixture 3. anvil 4. disc

PRIMING COMPOUND S: Classes

1. Corrosive primers – e.g Potassium chlorate – if ignited produ ce potassium

chloride, draws moisture from the air and this moisture speeds the rusting and
corrosion in gun barrel. Advan ces in chemistry produce new composition
which potassium chlorate has been eliminated.

2. Non-corrosive – every manufacture has his own formu la mixture of the

mercuric primers of 25 years ago.
Ingredients:

- Potassium chlorate (initiator and fuel 45%)

- Antimony Sulfide (elements an d fuel 23%)
- Fulminate way came the standard mixture by Frankford Ars enal known
as FH-24 had the following composition:

- sulfur - 21.97%
- Potassium chlorate - 47.20%
- Antimony Sulfide - 30.33%

- German have their own composition barium n itrate in the place of

Potassium chlorate together with some Picric Acid to strengt hen
mixture.
 - This formula: Fulmirate of mercury - 39%
Barrium n itrate - 41%
Antimony Sulfide - 9%
Picric Acid - 5%
Ground glass - 6%
- Swiss Army has been using non -corrosive primer since about 1911. This
was base on the formula of a Swiss inventor named ZIEGLER: Swiss
formula.

Fulmirate of mercury -40%

Barrium n itrate -25%
Antimony sulfide -25%
Barrium carbonate - 8%
Ground glass - 4%

GUN POWDE R

Is the propellant which when ignited by the primer flash is converted to gas
under high pressur e and this propels the bullet or shot changes through the barrel
and on the target.

Class or Composition:

1. BLACK Powder – although if features loss important still manufactured by the

Europeans. In recent time has completely superseded by smokeless pow der.

Ingredients:
Potassium n itrate -75%
Sulfur -10%
Charcoal -15%

Produ ces grayish smoke and considerable residue is left in the barrel.
Burns with reasonable great rapidity when ignited.
Block Powder – relies for its explosive properties on 3 quantities which are
typical of all explosiv es

FIRST – when ign ited it will burn by it self without aid from the outside air.
SECOND – in burning, it gives off a large amount of gas.
THIRD – a considerable amount of heat is ev olved.

2. SMOKELESS POWDER – terms smokeless powder is misnomer for the are

neither powder nor they are smokeless. The letters terms term being applied to
them only because they do not give off huge clou d of white smoke like the black
powder.

Two main Classes of smokeless powder

1. SINGLE – BASE PROPELLANT OR NITROCELLULOSE

-- contains only the pure nitroglycerine gelatoriged with
nitrocellu lose
2. DOUBLE – BASE PROPELLANT
-- composed of n itrocellulose and n itroglycerine as their major
ingredients according by one more ingredient s su ch as:
a. Centralize
b. Vaseline Phthalate esters
c. Inorganic salt

Purpose of minor ingredients

a: Insure stability
b. Reduce flash or flame temperature (or both)
Double – base Propellant are gray green color and the grains are similar in size
and shape to the single – base propellants.
Almost all smokeless powder grains have perfectly definite shape such as

a. small squares d. strips

b. disc e. pellets
c. flakes f. perforated cylindrical grains

The powder is made in different shapes t o obtain certain types of burning.

SCIENTIFIC EQUIPME NTS GENERALLY USED IN FIREARMS IDENTIFICATI ON

1. Bullet Comparison Microscope

A piece of optical equipment frequently employed by firearms identification
expert is the bullet comparison microscope, wi th camera attachment.

2. Stereoscopic Microscope
No camera attachment and no photomicrograph can be taken for court
tampered serial number.

3. Shadowgraph
A series of microscopic lenses of different magnification u se to determine
class characteristics of f ired bullets and shells.
Also for orientation purposes.
It can take phomigrograph of the observations and comparisons made in the
circulation ground glass.

4. CD-6 Comparison Projector

Very mu ch similar with the bu llet comparison microscope
No eyestrain because the magnified image appears on the large screen. What
can be seen in the screen can be photographed by any kind of camera.

5. Bullet Recovery Box

Long box ( 12” x 12” x 96”) filled with ordinary cotton and separated into
sections by and board partitio ns.

6. Helixometer
Used in measuring “pitch of rifling”. Distance traveled by the bullet in one
complete rotation.

7. Micrometer
Similar in use as caliper

8. Caliper
Use for making measurements such as bu llet diameter barrel length.

9. Analytical or torsion balanc e

Use to determine weights of bullets and pellets for possible determination of
type, caliber and make from which fired.

10. On scope
Small instrument sometimes u sed in examining the internal surface of the gun
barrel in determining the irregu larities inside the bore of the gun barrel. It has
a tiny lamp the terminal portion and is in serted inside the bore for internal
examinations.
 11. Taper Gauge
Use primarily for determining bore diameter.

12. Electrical Gun Maker

Used in the laboratory for making fired bullets fired shells and firearms
submitted for examin ation.

TECHNIQUES OF EXAMINATION

PHYSICAL: Evidence bullets, cartridges cases and suspected firearms once

submitted by the requesting party will be physically examined to determine its
markings or initials w i ll be physically examined to determine its markings or initials
made by the investigators for identification purposes.

TEST FIRING: The firearms is test fired from a bu llet recovery box in order to
obtain test bu llets and test cartridges cases for compari son w ith ev idence bullets
and cartridge cases, but before firing the cartridge will be marked at the side of the
case on the nose portion of the bullet with letter T (test) followed (eg T - 77-1 to T- 77-
3) in their order of firing to distinguish the number 1 test from 2 and 3. After the
recovery of the test bullets and test cartridges cases, they w ill be compared with the
evidenced bullet an d ev idence cartridges cases, under the bu llet comparison
microscope to determine whether or not they have the congruency of striations or
the same individual characteristics.

Under the bullet comparison microscope, the two fired bullets or fired shells are
examine in a JUXTAPOSITION - That is, the two object -evidence and the test bullet
are examined and compared:

1. at the same time

2. at the same place or level
3. at the same direction
4. at the same magnification
5. at the same image

For con clusiveness of findings, there shall be at least 3 test bullets that shou ld be
compared
First 1 for Comparison / preliminary
Second 1 for confirmation
Third 1 for con clusion

PERI PHERY
These are the sides of the bullet are in contact with the inner surface of the
barrel.

STRIATI ONS
A individual characteristics of the cartridges found at the base portion and of
the side of the bullet come in contact with the inner surface of the barrel.

TEST BULLETS
Are those recovered from bullet recovery box for a comparison with the
evidenced bu llets under the bullet comparison microscope.

A fired or eviden ced bullets or cartridges cases a re those recovered from the crime
scene.

Interconnected or intermarriages 8 or more striations can be accepted by the court.

3 Points of basic positive identification the markings must be:

1. Prominent
2. Significant; and are
3. Consistent

Means of –test firing, other than the recovery box.

1. Water tank 5. Darak

2. Saw dust with oil 6. Banana trunk
3. Sand 7. Ru bber trips
4. Waste threads

PRINCIPLES IN FIREARMS IDENTIFICATION

Two things mark by one and same tool will bear the same markings, likewise two or
more things mark by different tools will have the same markings.

DEFINITIONS

PISTOL – a hand firearm usually applied to simple sot and automatic loading.

REVOLVER – a hand firearm in which a rotating cylinder successiv ely

-- places cartridges into position for firing.

SHOTGUN – a smooth-bore weapon designed to shoot a number of lead pellets in

one charge.

RIFLE – a type of weapon designed to be fired from the shou lder.

CARTRIDGE – term used to describe a comple te unfired unit consisting of the

bullets, primer cartridges case and powder charge.

BULLET – is a projectile propelled from a charge.

AUTOMATI C – a weapon is automatic when its mechanism is so arranged that it will

fire continuously while the trigger is depressed.

DOUBLE ACTION – weapon in which pressure upon the trigger both cocks and
release the hammer.

SINGLE ACTION – weapon in which pressu re upon the trigger release the hammer
that must be manually cocked.

CALIBER – term used to in dicate the bore diameter which is measured between two
opposite lands.

GAUGE or GAGE – as applied to shotguns, it indicates that the bore diameter is equal
to the diameter of a lead ball whose weight in pounds is equ al to the reciprocal
gauge index.
Ex. bore diameter of a lead ball weighing 1/12 of a pound.

BORE – the cylindrical passage of the barrel through which the projectile travels.

PITCH OF RI FLING – the distance that the rifling advances to make one complete
turn.
EXPERT – as used in , court inclu des all witnesses whose opin ions are admitted on
grounds of specialized knowledge, training and experience.

BREECHBLOCK – the steel block which closes the rear of the bore against the force
of charge or that part in the breech mechanism that locks the action agai nst the
firing of the cartridges; the face of this block is known as the breech face.

CHAMBER – that part of the weapon in which the cartridge is placed into position for
firing.

EJECTOR – that mechanism in a firearm which causes the empty shell or ammun ition
to be thrown out from the gun.

EXTRACTOR – that mechanism in a firearm by which the empty shell or ammunition

is withdrawn from the chamber.

GROOVES – the depressed channels cut in the interior of a rifled gun barrel.

LANDS – that raised portion b etween the grooves inside a rifled gun barrel.

VELOCITY – is the forward speed at which the bu llet travels measured in feet per
second.

PRESSURE – the outward thrust of the burning powder gases against the
breechblock, chamber and bore normally measured one inch from the breech and
recorded in pounds per square inch.
Ex. 14,000 to 15,000 pounds per square inch for caliber .45 automatic pistol.

RANGE – the straight distance between the muzzle of the gun and the target.

PENETRATION – the depth to which a projectile sinks in the tar get.

Ex. 6 inches at 15 yards in white pinewood.

TRAJECTORY – in the actual pattern or curved path of the bullets in flight.

FIRING PIN – that part of that firearm which strikes the primer causing the firing of
the cartridge.

HAMMER – that part of the firearm controlled by the trigger which causes the firing
pin to strike the primer striking the gun.

CORROSION – the chemical eating away of the bore of an arm due to ru sting or the
action of salts deposited from they cap or po wder.

EROSION – mechanical wear an d tear of the bore of an arm du e to sliding friction

when the bu llet passes through it.

BERDAN PRIMER – a primer with two flash holes or vents.

BOXER PRIMER – a primer with on ly one flash hole or vents.

RIM – the proje ction edge of the base or head of a certain cartridge.

OGIVE – is the techn ical name of the cylindrical head critic of the bullets.

BREECH end – the rear end of the bore of an arm where the cartridges is inserted.