Chemist Direct and Cross

Direct Examination Offer of Testimony

F: We are presenting the testimony of the witness Dr. Monet Sigui, Chief Chemist of the Phil. Drug Enforcement Agency to prove the material allegations in the Information. Her testimony will also enlighten the court and to reinforce the testimony of the first two witnesses as to the handling of the drug substance and the fact that the same had been accounted for from the time it was taken from the accused up to the time it was put in her possession for examination and now presented in court. She will also identify certain documents, physical evidence subject of this case, and to prove other matters relevant thereto.

Q

Ms. Witness, can you tell this honorable court you present occupation?

A I am currently employed as a chief chemist in PDEA. I have been with the agency since 2010. Q

As chief chemist, what are you duties?

A I provide scientific method of examination of dangerous drugs, precursor and essential chemicals through personal examination of evidence and give expert opinion in court. I am also the one in charge of receiving and recording of substances that comes to our office for laboratory examination. Q How do you go about the receiving and recording process of the substances that comes under you care? A When the substances are brought before us, the officers would furnish us with a copy of the inventory of evidence executed by the investigating officer. After that, I would supply information in the pre-made form from our office in the presence of the officers. Q Could you tell this honorable court the contents or the information you provide for the pre-made forms? A Yes. The Pre-made forms with a caption, “PDEA Laboratory Receipt”contains the time that we received the substance to be examined, the proximate time it came to the possession of the officer and under what circumstances the same were taken and from whom. We also have to provide for a physical description and state of the substance at the time it was submitted to us. Q Ms. Witness could you elaborate on how you do that “physical description” you stated earlier.

A It means that under the form, we have to describe physically how the substance looked like. We have to describe the plastic or any container it was in, the size of the same, state whether there are names, letter or number printed or written in the container, the color of the substance inside, describe whether its grainy or powder like, fine or rough, basically all that is available for our eyes to describe that concerns the physical whereabouts of the substance brought to us. Q

What else is stated in that form?

A After the description part, the officer and officer with him, if there’s any, who brought the substance will write their full name in the form and signature above. The chemist who executed the form and received the substance will also sign the same above his name. We would then scan the same and save it in our data base, then we will reproduce the it and make two more copies which will be compared first to the original document. Once the officers are satisfied that the reproduced copies are the exact reproduction of the original, we will stamp it with “Certified True Copy”. The original copy goes to the officers, the other one will be retained by us for record keeping and the other certified true copy will be put in the folder and will stand as guide for the chemist who will examine the substance. Such folder stands a label of the substance submitted. Q The procedures that you have stated, do you follow that in all instances that a substance is brought to the PDEA laboratory for examination purposes? A Yes, that is the standard operating procedure imposed and followed in our department. Q Ms. Witness you stated earlier that you execute pre-made forms every time that a substance was brought to your laboratory, would it be possible for you to recognize such a document if you are shown one? A

Yes.

Q I have here a document titled “PDEA Laboratory Receipt” dated September 8, 2014 and signed by Monet Sigui, do you know this document? A Yes, I executed that document and that is my name Monet Sigui, and that is my signature appearing above. Fiscal may I request this court to have this document marked as Exhibit the signature appearing above the name Monet Sigui marked as Exhibit Q

Now, Ms. Witness could you read the contents of the document?

A

read….

and -1.

Q Ms. Witness does this document depicts exactly what had transpired when you received the substance pertained to in that document?

A

Yes, it does.

Q

After you executed the PDEA Laboratory Receipt, what happened next?

A

I informed the officer that the results would be released after two days.

Q

What did you do after that?

A The officers left and I took a sample of the substance and put it in a small vial. I then labeled the vial “white crystalline substance. Rcv’d from PO2 Nillo & Cebrian. 09/08/14, 1553” according to my entries in the receipt for proper identification, I then proceeded with the basic laboratory testing of the substance. Q

What have you derived from that substance if any?

A I tested it and it was indeed a dangerous drug commonly known as “shabu”, in scientific parlance it is known as Methamphetamine Hydrochloride. Q

is there anything that can prove this finding of yours Ms. Witness.

A Yes, after the complete examination of the substance, I executed Chemical report. Q

what does this chemical report contain?

A It is stated there breakdown of the substance’s chemical composition and also the conclusion that it was indeed a dangerous drug known as Methamphetamine Hydrochloride. Q If such chemical report be shown to you, would you be able to identify if it was indeed the chemical report you have executed? A

Yes.

Q I have here a chemical report with me, would you care checking it if it was the chemical report you executed. A

Yes, it is the chemical report I made.

Q

How were you able to say so?

A

This is my signature (pointing to the document) appearing above my name.

Fiscal Your Honor, I would like to have this document marked as Exhibit the signature appearing above as Exhibit -1.

and

Q Ms. Witness how are you sure that the substance that you examined is still the same substance submitted to you by PO2 Nillo and Cebrian?

A There are several storage area where we put the substances submitted to us for examination but the same were finger print and password locked. As the chief chemist is I have sole access to a particular storage as it is only my fingerprint that can access the storage and only I know the password. That Storage is exclusive for the pieces of evidence and substances personally examined and received by me. Q So you are sure that substance you examined are the very same substance submitted to you by PO2 Nillo and Cebrian? A

Yes.

Fiscal No further questions your honor.

Cross-Examination Q Ms. Witness what time have you received the subject substance from PO2 Nillo and Cebrian? A

A little before 4pm of September 8, 2014.

Q That was almost three hours from the time the substance was allegedly taken from the accused, correct? A

Yes.

Q have you not thought that may be the substance submitted to you were just planted by the officers who submitted them to you in the very first place? A No, my task is limited to identifying the substance submitted to me and to attest of the time it had come to my possession along with other pertinent documents that the officers furnish me. Q After the officers left is there any time that you left the substance unattended? A No. it is and SOP in our office that once a substance is received it shall be immediately labeled by the receiver and the latter shall undertake preliminary testing of the substance. Q

You eventually have to go home and leave the substance correct?

A

Yes but the same was …. (Interrupted)

Q

yes or no ms. Witness.

A

Yes.

Q That means there was an instance that the substance left your sight, correct? A

Yes.

Q So how are you so sure that the substance you examined are the same substance submitted to you? A Because as I have said earlier the vial where the substance are were labeled personally by me and the storage area is only accessible by me. Thus, such tampering as you are insinuating is absolutely improbable. Q Ms. Witness let us go to the tests you conducted, were the tests you conducted on the substance subject of this case 100% accurate.

A Yes Ma’am. We, in PDEA only use the latest scientific methods employed in the United States and European countries to ascertain the nature of a particular substance. We make it a point to upgrade our methods for faster and yet accurate results. Counsel

No more question your honor.