DNA EVIDENCE

[SC Rule On DNA

Evidence]
ACA Nimfa Cuesta Vilches

DNA :

The
Code Of
Life

Change Your DNA

Change Your LIFE!

DNA Deoxyribonucleic
Acid Or Chain Of

Molecules In Cells Of
Body / Genetic Blueprint /
Unique To Individuals
Except Identical Twins /
Present In Blood, Skin
Cells, Hair Roots / Semen
/ Bone / Teeth / Saliva

4 Chemical Bases Of DNA :

A-G-C-T / Most Popular DNA
Typing Technique : STR
[ Short Tandem Repeats ]
Takes Measurements In 13
Separate Regions Of DNA
- 13 th Gives Gender / YSTR : Male-Specific [Rape
When Female- Male DNA
Mixed Male Masked]

Uses Of DNA - In Human

Identification : Principle Of
Exchange: 2 Objects Into
Contact Transfer Of Material
Between Them
/ Determination Of Human
Sources Of Biological
Samples From CSI /
Paternity / Identifying Mass
Disaster, War Victims /
Pedigree For Seed, Livestock/
Identify Bacteria

DNA Paternity Testing

2 Genetic Types - 1 Inherited
From Mother, Other From
Father / Child - Father NO
Match : Excluded, Profiles
Match [Indistinguishable] :
NOT Excluded / Family Trio :
Higher Accuracy / Better Than
Blood Grouping [ABO]
Affected By Blood
Transfusion

Tijing vs. CA [ G.R.

125901, 8 March 2001]
Woman Took 12 Year-Old
Son Of Bienvenida Tijing
Whom Latter Saw Again
After 4 Years But Child
Named Already After
Woman Who Took Him
And Her Spouse / Tijing
Filed Habeas Corpus
Case

SC Ruling : Tijings Son / Spouses Could

Not Bear Child / Trial Court Observed
Child , Tijing Had Strong Similarities In
The Face, Eyes, Eyebrows, Head
Shapes
* We Have Now Facility , Expertise For
DNA For Prompt Paternity Test / Open
To Challenge / Courts Open

Jurisprudential Background
Of SC Rule
[ 1] People vs. Vallejo, G.R.
No. 144656, 9 May 2002
[2] Herrera vs. Alba, Hon.
Judge Nimfa C. Vilches
G.R.
148220, 15 June 2005
[3] Agustin vs. Court Of
Appeals, G.R. No.
162571,
15 June 2005

SC Rule On DNA Evidence [ 15

October 2007]
Scope : When Offered, Used,
Proposed To Be Offered Or Used As
Evidence In All Criminal, Civil
Cases And Special Proceedings

Applicability : Does Not

Adopt Specific Rule On
Admissibility Of DNA
Evidence, General Rules On
Relevancy And Not
Excluded By Law Or Rules
[Rule 128, Sec. 3] Are Only
Requirements / Matters Not
Specifically Covered - Rules
Of Court / Evidence

Biological Sample Any

Organic Material From A
Persons Body Even If Found
In Inanimate Object
Susceptible To DNA Testing
[ Blood, Saliva, Body Fluids,
Tissues, Hair, Bones,
Teeth ]
DNA Evidence Totality Of
DNA Profiles, Results,

Other Genetic Information

Directly Generated From
DNA Testing

DNA Testing Verified,

Credible Scientific
Extraction Of DNA From
Biological Samples,
Generation Of DNA
Profiles And Comparison Of
Information Obtained

To Determine With
Reasonable Certainty
Whether DNA Obtained
From Two Or More
Distinct Samples Originates
From The Same Person
[ Direct Identification] Or
Originates From Related
Persons [Kinship Analysis]

Application / Order For DNA

Testing [1] Appropriate
Court Motu Propio Or
[2]
On Application Of Any
Person Who Has Legal
Interest / After Due Hearing /
Notice To Parties Upon
Showing Of : [a] Biological
Sample Exists Relevant To
Case [b] Sample [1] Not

Previously Subjected To Type

Being Requested, Or [2]
Previously Subject But For
Confirmatory Testing [3] DNA
Testing Uses Scientifically
Valid Technique [4] DNA
Testing Has Scientific
Potential To Produce New
Information Relevant To Proper
Resolution Of The Case And

[5] Existence Of Other

Factors Court Considers
Potentially Affecting
Accuracy, Integrity Of DNA
Testing / Confirmatory DNA
Testing - Not A Matter Of
Right / Who May Apply - Any
Person, Law Enforcement
May Apply Before Lawsuit Is
Commenced Without Need Of
Any Court Order

DNA Testing Order [1]

Order, If Appropriate That
Biological Samples Taken
From Any Person, Crime
Scene [2] Impose
Reasonable Conditions On
DNA Testing For Integrity Of
Sample, Testing Process And
Reliability Of Result Including
Condition That DNA Result
Be Simultaneously Disclosed

To Parties Involved, And

[3] Sample Of Amount
Preventing Confirmatory
Testing By Other, Adverse
Party, Other Additional
Samples Of Same Kind Can
No Longer Be Obtained,
Issue An ORDER Requiring All
Parties To The Case To
Witness The DNA Testing To
Be Conducted*

DNA Testing Order Is

Immediately Executory, Not
Appealable / In The
Absence Of Any Injunctive
Relief From A Higher
Court, DNA Testing Order
Not Stayed By Certiorari
Proceeding Instituted To
Nullify It

Probability Of
Parentage - Numerical
Estimate For The
Likelihood Of
Parenthood Of Putative
Parent Compared With
Probability Of Random
Match Of Two
Unrelated Individuals
In A Given Population

Assessment Of Probative
Value Consider : [1] Chain Of
Custody / How Samples
Were Collected, Handled /
Possibility Of Contamination
[2] DNA Testing
Methodology / Procedure
Followed To Analyze
Samples / Advantages,
Disadvantages

Of Procedure / Compliance
With Scientifically Valid
Standards In Conducting
Tests [3] Forensic DNA
Laboratory / Accreditation
By Any Reputable Standard
- Setting Institution /
Qualification Of Analyst Who
Conducted Test / If
Laboratory Not

Accredited, Relevant
Experience Of Laboratory In
Forensic Casework,
Credibility Shall Be
Established, And [4]
Reliability Of Testing
Result / Rules Of Evidence
Applies Suppletorily
Reliability Of DNA Testing
Methodology Consider : [1]
Technique Has Been Used [2]
Method Subjected

To Peer Review And

Publication [3] General
Acceptance Of Method By
Relevant Scientific
Community [4] Standards,
Controls To Ensure
Correctness Of Data
Generated [5] Appropriate
Reference Population
Database, And [6] General
Degree Of Confidence As
To Mathematical Calculations
To Compare
DNA Profiles, Limitations

Evaluation Of DNA Testing

Results Consider:
[1] Weight Of Matching DNA
Evidence / Relevance Of
Mismatching
[2] Result Of DNA Testing In
Light Of Totality Of Other
Evidence In Case
[3] Paternity - DNA Results
Excluding Putative Parent

From Paternity Shall Be

Conclusive Proof Of Non Paternity / Value Of
Probability Of Paternity Is
Less Than 99.9%, Result
Of DNA Testing Considered
Corroborative Evidence / If
Value Is 99.9% Or Higher,
There Shall Be Disputable
Presumption Of Paternity

Probability Of Paternity W
Value Below 99.9%, DNA
Paternity Analysis Is
Corroborative Evidence
Means Man Not Excluded,
Other Party [ Mother, Child ]
To Provide Other Proofs Man
Is Biological Father [ DNA
Result Only Becomes Part Of
Proof ]

5 Existing DNA Laboratories

1. UP NSRI DNA
Analysis
Laboratory
2. National Bureau Of
Investigation [NBI]
DNA
Laboratory
3. St. Lukes Hospital
4. Philippine National Police
[PNP] DNA Laboratory
5. Natl. Kidney Institute

Database : To Calculate W,
Database Showing Gene
Frequencies Of Appropriate
Population Must Be Used /
Reflects Population From
Which All Other Possible
Father Are Drawn / UP-NSRI
DNA Analysis Laboratory
Has Population Genetic
Database At 9 STR Loci

Forensic Science Service

[FSS] , UK [Biggest
Database / Uses Robotics For
More Analysis / DNA Of FSS
Forensic People Included /
Biggest - 3.4 M
Samples
In 2005
CODIS, US - Combined DNA
Index System Of FBI
Convicted Offender

Database / Currently
400,000 @ 16 Loci

LCN Low Copy Number :

New Technology When
Small Amounts Of DNA
Recovered [15-20 Cells :
Trace DNA From Skin By
Touching] / Very Costly /
Downside More PCR
Cycles Of Replication,
Reliability Affected

Post Conviction DNA

Remedy If Results Favorable
To Accused / Filed By
Convict Or Prosecution By
Means Of Petition For Writ Of
Habeas Corpus / After
Hearing, Court Finds Petition
Meritorious, Reverse Or
Modify Judgment Of
Conviction And Order
Release Of Convict

Filed In Court Of Origin, CA,

SC, Or With Any Member Of
Said Courts Which May
Conduct Hearing Thereon Or
Remand To Court Of Origin /
Confidentiality : On DNA
Profiles, Results / May Be
Released Upon, On Terms,
Conditions Set By Court To:
[1] Person

From Whom Sample Taken [2]

Lawyers Of Parties [3]
Lawyers Of Private
Complainants [4] Duly
Authorized Law Enforcement
Agencies [5] Others As
Determined By The Court /
Unauthorized Disclosure
Subject To Indirect
Contempt

Paternity Of Child Victim

Maybe Determined By DNA
Evidence / Use Standards Of
Rule / Preservation,
Confidentiality / May Advance
The Costs, If Needed / A DCA
Ordered To Supervise
Implementation Of SC
Resolution [People vs.
Umanito, G.R. No. 172607, 26
October 2007]

Preservation : Trial Court Preserves

DNA Evidence In Its Totality Including
All Biological Samples And Order
Agencies To Preserve As Follows [1]
Criminal Cases : For Not Less Than
Period Of Time Person Under Trial, If
To Serve Sentence, Until Served

[2] In Other Cases : Until

Decision Becomes Final And
Executory / Court May Allow
Physical Destruction Of
Biological Sample Before
Period Upon Court Order Or
Persons From Whom Sample
Obtained Consented In
Writing / Applies To Cases
Pending Except On PostConviction

 Get It Right The 1 st Time

Ensure That Court Considers
DNA Analysis To Resolve
Issues, Decide The Case /
Expert Witness Aware That
When DNA Evidence Is
Rejected By Trial Court, It Is
Abuse Of Discretion Of Judge
Not Probative Value Of The
Technology That Must Be
Proved On Appeal

Legal Motherhood /
Surrogacy [DNA Donor]
Who Is Legal Mother?
1) Genetic Mother : Genetic
Mother Is Legal / Natural
Mother As Family Implies
Biological Relationship /
Heredity Is Basis For
Connection For Two
Individuals In Their Lives

2) Gestational Surrogate
Mother : Certainty Of
Identification Of Mother At
Birth / Significant Biological
Investment By Surrogate /
Psychological Connection Of
Child Before, During, After
Birth / Feminists -Devalues
Pregnant Women, Experience
Of Pregnancy

3) Intended Mother :
Parental Rights Of Those
Who Conceive
Technologically Governed By
Contract / Intending Mother
Engineered The Procreation
Process / Intending Mother
Likely To Be Good Mother
By Choosing To Parent,
Motivated To Do Good Job

Factors : a) 2/3 Rule [ If

Genetic Mother Is Intending
Mother, She Has 2/3 Claim On
Baby ] b) Best Interests Of
Child [ Most Congenial, Least
Detrimental To Growth,
Development ]
Judicial Discretion : For
Mother Deprived, May Be
Entitled To Visitation

B. GMOs [ Genetically Modified

Products ] - Genes Inserted To
Plants To Improve Characteristics
[ B t Corn Engineered To Express
Toxin Resistant To Corn Borers ;
Transgenic Tomato With Carrot
Qualities For Longer Freshness]

Frankenfood / Bitter
Harvest - For World Food

Shortage / Health Issues :

Altered Nutrient Levels /

Toxicants / Allergic Reactions
/ Antibiotic Resistance /
Spread Of New Virulent
Strains Of Infectious
Agents / Affects
Gastrointestinal Organs

Laws / Intl. Instruments :

EO 430 [1990] - National
Commission On Biosafety
Of Philippines [NCBP] :
Biotechnology Guidelines,
Prevent Pernicious Effect On
Environment [DA, DENR, DOH,
DOST- Secretariat]

Cartagena Protocol : Safe

Transfer, Handling Of Living
Modified Organism

C. Other Life Technologies

Genetic Enhancement / Stem
Cell Research / Performance
Enhancing Drugs In Sports
[ Cloning? ]
Morality / Ethics / Religion :
State Regulation vs. Big
Brother, Privacy Issues /
Unfairness / Negligence /
Injury To Others / Play GOD

Human Cloning
Not New - Natural Cloning In
Identical Twins Without
Benefit Of Human
Intervention / Purpose :
Create, Grow An Organism
Possessing Exact Genetic
Information As Donating
Parent / No Risk Of
Unknown Genetic Disease

Human Genome Project:

Identify 3 Billion Bases
[Recipe For Human Being,
Formula = 800 Volumes
Of
Bible] / Completed
In
2000 / From 10-20
Anonymous Donors
Reflective Of Humanity / To
Recite Human Genome 1
Letter Per Second It

Would Take A Century

To Recite Book Of Life
* 97% : Has No Known
Function, Junk DNA
* 99.99% : We Are
Similar To Each Other
* 99% : We Are All
Similar To Monkeys

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Much For
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