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REVIEW OF THE SEROLOGICAL ANALYSIS MADE
BY PNP MEDICAL TECHNOLOGIST ON SOME
PHYSICAL EXHIBITS
CASE:
Marijoy and Jacqueline
Chiong Case
DATE
EXAMINED: Friday, 8 January 1999
REQUESTING
PARTY: Atty. Sisinio Andales and Atty, Eric Carin.
SPECIMEN
SUBMITTED:
1.
One (1) Orange T-Shirt with the brand name "Giordano"
marked as Exh, "A"
2. One (1) blue
Maong pants with brand name "Guess" marked as Exh. "B"
3. One (1) Bra worn
by the victim marked as Exh. "C"
4.
One (1) Panty marked as Exh. "D"
5. One (1) black
rubber shoes with brand name "Converse" marked as Exh."F'
6. Medico-legal
report no. S-011 -97 marked as Exh. "SSS"
7. Medico-legal
report no. S-011 A-97 marked as Exh. "SSS-2"
PURPOSE
OF LABORATORY EXAMINATION:
Rendering expert
opinion on the serological analysis made by Medical Technologist on the
above mentioned evidences.
EXAMINATION
AND EXPERT OPINION GIVEN BY: PAZ V. ABIS WHO IS A:
I. Full time professor and Head of the Chemistry and Mathematics
Department of the Philippine College of Criminology;
2. 2 B.S. Chemistry
graduate, University of the Philippine in 1949 and M.S. Chem., Univ. of
the Phil. In 1959 under MERALCO INDUSTRIAL SCHOLARSHIP;
3. Registered
Chemist as of Nov., 1954;
4. Author/Co
Author of books, among them are:
"Principles of Chemistry for
Criminology"; Laboratory Manual for Prin. of
Chemistry, Book
I; Book II, Book III; Laboratory Manual for Forensic Chemistry and
Toxicology.
5. Criminology
Board Reviewer in Forensic Chemistry and Toxicology and Fire Technology at
Phil. College of Criminology; Manual L. Quezon Univ.; Univ. of Manila;
Holy Angeles Colleges in Puerto Princessa, Palawan; Luzon Colleges in
Dagupan, Pangasinan and Muntinlupa Technological College.
FINDINGS:
Examination,
evaluations, opinions and finally a conclusions has been asked of me
concerning the articles gathered at the crime scene and examined by Jude
Daniel M. Mendoza, Medical technologist of the PNP Crime Laboratory in
Cebu City.
1. Exh. A, Exh. B,
Exh. C and Exh. F, were tested for the presence of blood. The test used by
Mr. Jude Daniel M. Mendoza was the Benzidine test and he obtained a blue
color. The result made him conclude that the stains were of blood.
Benzidine Test
is only a preliminary test for blood.
A positive blue
visible result can be interpreted that the stain is may be blood.
Other substance like sputum, pus, nasal secretion, plant juices, formalin
and bentonite clay will also give blue with benzidine.
The
Examiner should have subjected the stain to a
confirmatory
test like the Takayama Test to confirm that the stain is surely blood.
2. Exh. A,
on p. 27 lines 31 and 32 of the transcript of stenographic notes, Jude
Mendoza claimed that he proceeded to examine the orange T-shirt for human
blood. In his testimony, he said he used the precipitin test and the
visible result of the test "turned a little bit pink".
To determine whether the stain is human or animal blood, the precipitin
test is used. The visible result should be milky or white and not
pinkish.
PAGE
2
3. Exh. D and Medico-legal Report No. S-011A-97 contained the examination
of the panty and the report of the results of the examination as to
whether semenal stains were present.
The expert opinions on the test conducted are:
3.1 The tiny bluish-violet light indicates the presence of spermatozoa.
However, person afflicted with aspermia (without spermatozoa) will not
give bluish flourescence, Bluish flourescene is not specific for seminal
stains. It may also be given by some other albuminous materials. This test
is given when the cloth is clean. Fig. 1 and Fig. 2 in the Annex A and
Annex B show that the panty is dirty.
3.2 Florence test, a chemical test for semen had no visible result.
Jude Mendoza stated that he cut a portion of the panty and divided it into
two, 1/2 for microscopic examination and other half for Florence test.
From the report, I understand that he made only 1 trial of the Florence
test and came up with the conclusion that the stain is semen. This is a
wrong analytical procedure. An analyst should make at least three (3)
trials of the same test to come to a credible conclusion.
xxx
CONCLUSION:
Exh. A, Exh. B, Exh. C and exh. D cannot be used as circumstantial
evidences because of the following reasons:
1. the collection and preservation of the specimen was faulty. One article
was wrapped with a newspaper;
2. insufficient sample of blood to do blood groupings;
3. no standards for comparison were collected;
4. the tests conducted did not give the desired visible results to
identify the serological specimen;
5. the scientific method of analysis to come to a credible identification
was not followed.
REMARKS:
The Original copy
of this two pages report was given to Atty. Sisinio Andales; duplicate
with Atty. Eric Carin and triplicate with the undersigned for future
reference.
DATE
COMPLETED: January 18, 1999
EXAMINED BY:
signed: PAZ
V. ABIS, M. S. Chem.
Head, Chemistry and Mathematics
Department, PCCr.
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