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Rules on DNA Evidence: Updates and jurisprudence

Introduction
Deoxyribonucleic acid or DNA contains all the genetic
information about a person. Each individual has a unique DNA
which set everyone apart. The use of DNA evidence in solving
crimes have grown so much that different kinds of scientific
methods have been used to analyze DNA evidence.
While science continues to advance and develop, using DNA
evidence became important in solving difficult crimes especially
in identifying the culprit. While it may help identify the right
culprit, it also helped free innocent people. The use of DNA
evidence does not end in criminal prosecution but it has also
found its importance in establishing familial relationships and
legitimacy.
While in our jurisdiction DNA evidence at its first introduction
was received with caution due to lack of experts and facilities to
study the same, today the Supreme Court has laid out the rules
for its proper admission in court. The rules are now embodied in
A.M. No. 06-11-5-SC effective 15th of October 2007.
This rule is relatively new in our jurisdiction as compared in
other jurisdictions that have adopted the use of DNA evidence as
early as the 1970s. Although laboratories and hospitals are
accepting analysis of DNA samples these hospitals are few in
number hence results can be had after several months, unless
you pay a higher amount of money.
The Supreme Court decided that it was proper to make a rule
on the admission of DNA evidence admittedly because the old
rules in identifying culprits as well as rules on establishing familial
relationships are becoming unreliable. Together with the changing
times, a new and more reliable process is needed to meet the
ends of justice.
1

DNA Analysis
DNA analysis is a complex area of forensic science that relies
heavily on statistical predictions.
It is the analysis of short, highly specific, tandem-repeated of
hyper variable genomic sequences, minisatellites known as
variable number of tandem repeats (VNTRs) to detect the degree
of relativeness to another sequences of oligonucleotides. This
method of isolating and visualizing of sequences of DNA was
developed in 1984 by Alec Jeffreys, who identified minisatellites
that do not contribute to gene function but are repeated in the
genes and elsewhere in a DNA sample, thus providing highly
specific information about that organism or person. 1
Under our jurisdiction, DNA analysis means the verified and
credible scientific methods which include the extraction of DNA
from biological samples, the generation of DNA profiles and the
comparison of the information obtained from the DNA testing of
biological samples for the purpose of determining, with
reasonable certainty, whether or not the DNA obtained from two
or more distinct biological samples originates from the same
person (direct identification) or if the biological samples originate
from related persons.2
Due to the advancement of science and technology several
scientific methods were devised and developed in order to test or
analyze DNA samples. Some of which are Polymerase Chain
Reaction (PCR), Single Tandem Repeat (STR), Restriction Fragment
Length Polymorphism (RFLP), Single Nucleotide Polymorphisms
Analysis (SNP), Low Copy Number DNA Analysis (LCN),
Mitochondrial DNA Analysis and Y Chromosome STR Profiling.
1 Segen's Medical Dictionary. 2012 Farlex, Inc.
2 Sec. 3 (e), A.M. No. 06-11-5-SC
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Where usually used


DNA profiling was originally developed as a method of
determining paternity, in which samples taken under clinical
conditions were examined for genetic evidence that could link
parent to child.3

Application in the Philippines

Law

Jurisprudence
Even before the Supreme Court made the rules for the
admission of DNA evidence, in the landmark case of People vs.
Vallejo4 the high court admitted in evidence DNA samples from
the bloodstained clothes of rape and murder victims. The Court
had the occasion to state that the purpose of DNA testing is to
ascertain whether an association exists between the evidence
sample and the reference sample (Inman and Rudin, 1997). The
samples collected are subjected to various chemical processes to
establish their profile (Inman and Rudin 1997).
Furthermore in the same case, the importance of DNA evidence in
criminal prosecution was evident as it discussed how a person
maybe identified as the real culprit using DNA evidence gathered
from the crime scene, the victim and the suspect. When a crime
is committed, material is collected from the scene of the crime or
from the victims body for the suspects DNA. This is the evidence
3 Evolution of DNA Evidence for Crime Solving - A Judicial and Legislative History,
Lisa Calandro, Dennis J. Reeder, Karen Cormier
4 G.R. No. 144656. May 9, 2002
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sample. The evidence sample is then matched with the reference


sample taken from the suspect and the victim.
From the decision, although no rule on DNA evidence was
not yet made the court recognized the possibility of introducing
DNA evidence.

Updates
DNA Evidence in other jurisdictions

Law
Jurisprudence
Updates
Benefits
Disadvantage
Conclusion

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