DNA Evidence Flashcards
What is DNA analysis?
A procedure in which DNA extracted from a biological sample obtained from an individual is examined. (Herrera v. Alba, G.R. No. 148220, 15 June 2000)
The purpose of DNA testing is to ascertain whether an association exists between the evidence sample and the reference sample. The samples collected are subjected to various chemical processes to establish their profile.
Rule on DNA Evidence (A.M. No. 06-11-5-SC)
It shall apply whenever DNA evidence is offered, used, or proposed to be offered or used as evidence in all criminal and civil actions as well as special proceedings. (Sec. 1, A.M. No. 06-11-5-SC)
What is the Rule on Application for DNA Testing Order?
- how done
- DNA testing order may be done motu proprio or on application of any person having legal interest in the matter in litigation
What must be shown in the application for DNA Testing?
DNA testing order shall issue after due hearing and notice to the parties upon showing that:
- A biological sample exists that is relevant to the case;
- The biological sample: a. was not previously subjected to the type of DNA testing now requested; or b. was previously subjected to DNA testing, but the results may require confirmation for good reasons;
- The DNA testing uses a scientifically valid technique;
- The DNA testing has the scientific potential to produce new information that is relevant to the proper resolution of the case; and
- The existence of other factors, if any, which the court may consider as potentially affecting the accuracy of integrity of the DNA testing.
When is Post-conviction DNA testing available without need of prior court order? (bar 2012)
Post-conviction DNA testing may be available, without need of prior court order, to the prosecution or any person convicted by final and executory judgment provided that:
- A biological sample exists;
- Such sample is relevant to the case; and
- The testing would probably result in the reversal or modification of the judgment of conviction. (Sec. 5, A.M. No. 06-11-5-SC) (2012 BAR)
What is the Vallejo Standards, in assessing the probative value of DNA evidence: (2009, 2010 BAR)
The courts must consider the following standards, known as the Vallejo Standards, in assessing the probative value of DNA evidence: (2009, 2010 BAR)
a. How the samples were collected;
b. How they were handled;
c. The possibility of contamination of the samples;
d. The procedure followed in analyzing the samples;
e. Whether the proper standards and procedures were followed in conducting the tests; and
f. The qualification of the analyst who conducted the tests. (People v. Vallejo, G.R. No. 144656, 09 May 2002)
What are the Rules on evaluation of Reliability of DNA testing Methodology?
In assessing the probative value of the DNA evidence presented, the court shall consider the following:
a. The chain of custody, including how the biological samples were collected, how they were handled, and the possibility of contamination of the samples;
b. The DNA testing methodology, including the procedure followed in analyzing the samples, the advantages and disadvantages of the procedure, and compliance with the scientifically valid standards in conducting the tests;
c. The forensic DNA laboratory, including accreditation by any reputable standardssetting institution and the qualification of the analyst who conducted the tests. If the laboratory is not accredited, the relevant experience of the laboratory in forensic casework and credibility shall be properly established; and
d. The reliability of the testing result, as hereinafter provided. (Sec. 7 (a), A.M. No. 06-11- 5-SC)
DNA is Admissible Evidence of Paternity
It is not enough to state that the child’s DNA profile matches that of the putative father. A complete match between the DNA profile of the child and the DNA profile of the putative father does not necessarily establish paternity.
For this reason, following the highest standard adopted in an American jurisdiction,53 trial courts should require at least 99.9% as a minimum value of the Probability of Paternity (“W”) prior to a paternity inclusion. W is a numerical estimate for the likelihood of paternity of a putative father compared to the probability of a random match of two unrelated individuals.
An appropriate reference population database, such as the Philippine population database, is required to compute for W. Due to the probabilistic nature of paternity inclusions, W will never equal to 100%. However, the accuracy of W estimates is higher when the putative father, mother and child are subjected to DNA analysis compared to those conducted between the putative father and child alone. (Herrera v. Alba, G.R. No. 148220, 15 June 2005)
What are EXCLUSIONARY RULES?
Rules on evidence consist of established precepts for inclusion or exclusion of factum probans toward the desired factum probandum. Whatever tends in reason to establish a fact in issue is relevant, and that which does not answer this requirement is not. (Peralta & Peralta, Jr., 2020)
Evidence is admissible when it is relevant to the issue and is not excluded by the Constitution, the law, or these rules. (Sec. 3, Rule 128, ROC, as amended)
Give the A. Constitutional Exclusionary Rules.
- Unreasonable searches and seizures; (Sec. 2, Art. III, 1987 Constitution)
- Privacy of communication and correspondence; (Sec. 3, Art. III, 1987 Constitution)
- Right to counsel, prohibition on torture, force, violence, threat, intimidation, or other means which vitiate the free will; prohibition on secret detention places, solitary, incommunicado; and (Sec. 12, Art. III, 1987 Constitution)
- Right against self-incrimination. (Sec. 17, Art. III, 1987 Constitution)
Give examples of Statutory Exclusionary Rules.
- Lack of documentary stamp tax in documents, instruments, or papers required by law to be stamped makes such documents inadmissible as evidence in court until the requisite stamp/s shall have been affixed thereto and cancelled. (Sec. 201, NIRC)
- Any communication obtained by a person, not being authorized by all the parties to any private communication, by tapping any wire/cable or using any other device/arrangement to secretly overhear/intercept/record such information by using any device, shall not be admissible in evidence in any judicial/quasijudicial/legislative/administrative hearing or investigation. (Secs. 1 and 4, R.A. No. 4200, AntiWire Tapping Act)
- Any confession, admission or statement obtained as a result of torture shall be inadmissible in evidence in any proceedings, except if the same is used as evidence against a person or persons accused of committing torture. (Section 8, RA 9745 or Anti Torture Act
Exclusionary Rule under the ROC & Court issuances:
C. Under the Rules of Court, Rule 130 is the
applicable rule in determining the admissibility of evidence.
- Lack of documentary stamp tax in documents, instruments, or papers required by law to be stamped makes such documents inadmissible as evidence in court until the requisite stamp/s shall have been affixed thereto and cancelled. (Sec. 201, NIRC)
- Any communication obtained by a person, not being authorized by all the parties to any private communication, by tapping any wire/cable or using any other device/arrangement to secretly overhear/intercept/record such information by using any device, shall not be admissible in evidence in any judicial/quasijudicial/legislative/administrative hearing or investigation. (Secs. 1 and 4, R.A. No. 4200, AntiWire Tapping Act)
- Any confession, admission or statement obtained as a result of torture shall be inadmissible in evidence in any proceedings, except if the same is used as evidence against a person or persons accused of committing torture. (Section 8, RA 9745 or Anti Torture Act
