Republic of the
Philippines
SUPREME
COURT
Manila
EN BANC
A.M. No. 06-11-5-SC
October 2,
2007
RULE
ON DNA EVIDENCE
RESOLUTION
Acting on the recommendation of the Chairperson and Members of the
Subcommittee on Evidence submitting for this Court's consideration and
approval the proposed Rule on DNA Evidence, the Court Resolved to
APPROVE the same.
This Resolution shall take effect on October 15, 2007 following its
publication in a newspaper of general circulation.
October
2, 2007.
(Sgd.)
RENATO S. PUNO
Chief Justice
(Sgd.)
LEONARO A. QUISUMBING
Associate Justice
(Sgd.)
CONSUELO YNARES-SANTIAGO
Associate Justice
(Sgd.)
ANGELINA SANDOVAL-GUTIERREZ
Associate Justice
(Sgd.)
ANTONIO T. CARPIO
Associate Justice
(Sgd.)
MA. ALICIA AUSTRIA-MARTINEZ
Associate Justice
(Sgd.)
RENATO C. CORONA
Associate Justice
(Sgd.)
CONCHITA CARPIO MORALES
Associate
Justice
(Sgd.)
ADOLFO S. AZCUNA
Associate Justice
(Sgd.)
DANTE O. TINGA
Associate Justice
(Sgd.)
MINITA V. CHICO-NAZARIO
Associate Justice
(Sgd.)
CANCIO C. GARCIA
Associate Justice
(Sgd.)
PRESBITERO J. VELASCO, JR.
Associate Justice
(Sgd.)
ANTONIO EDUARDO B. NACHURA
Associate Justice
(Sgd.)
RUBEN T. REYES
Associate Justice
RULE
ON DNA EVIDENCE
Section. 1. Scope. - This Rule shall apply
whenever DNA evidence, as defined in Section 3 hereof, is offered,
used, or proposed to be offered or used as evidence in all criminal and
civil actions as well as special proceedings.
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Sec. 2. Application of other Rules on Evidence. - In all matters not
specifically covered by this Rule, the Rules of Court and other
pertinent provisions of law on evidence shall apply. chanroblesvirtualawlibrary
Sec. 3. Definition of Terms. - For purposes of this Rule, the following
terms shall be defined as follows:
(a) "Biological
sample" means any organic material originating from a person's
body, even if found in inanimate objects, that is susceptible to DNA
testing. This includes blood, saliva and other body fluids, tissues,
hairs and bones;
(b) "DNA"
means deoxyribonucleic acid, which is the chain of molecules found in
every nucleated cell of the body. The totality of an individual's DNA
is unique for the individual, except identical twins;
(c) "DNA
evidence" constitutes the totality of the DNA profiles, results
and other genetic information directly generated from DNA testing of
biological samples;
(d) "DNA
profile" means genetic information derived from DNA testing of a
biological sample obtained from a person, which biological sample is
clearly identifiable as originating from that person;
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(e) "DNA
testing" means 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 (kinship analysis); and
(f) "Probability
of Parentage" means the numerical estimate for the likelihood of
parentage of a putative parent compared with the probability of a
random match of two unrelated individuals in a given
population.
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Sec. 4. Application for DNA Testing Order. - The appropriate court may,
at any time, either motu proprio or on application of any person who
has a legal interest in the matter in litigation, order a DNA testing.
Such order shall issue after due hearing and notice to the parties upon
a showing of the following: chanroblesvirtualawlibrary
(a) A biological sample exists that
is relevant to the case;
(b) The biological sample:cralaw:red
(i) was
not previously subjected to the type of DNA testing now requested; or
(ii) was previously subjected to DNA
testing, but the results may
require confirmation for good reasons;
(c) The DNA testing uses a
scientifically valid technique;
(d) The DNA testing has the
scientific potential to produce new information that is relevant to the
proper resolution of the case; and
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(e) The existence of other factors,
if any, which the court may consider as potentially affecting the
accuracy or integrity of the DNA testing.
This Rule shall not preclude a DNA testing, without need of a prior
court order, at the behest of any party, including law enforcement
agencies, before a suit or proceeding is commenced.
Sec. 5. DNA Testing Order. - If the court finds that the requirements
in Section 4 hereof have been complied with, the court shall -
(a) Order, where appropriate, that
biological samples be taken from any person or crime scene evidence;
(b) Impose reasonable conditions on
DNA testing designed to protect the integrity of the biological sample,
the testing process and the reliability of the test results, including
the condition that the DNA test results shall be simultaneously
disclosed to parties involved in the case; and
(c) If the biological sample taken is
of such an amount that prevents the conduct of confirmatory testing by
the other or the adverse party and where additional biological samples
of the same kind can no longer be obtained, issue an order requiring
all parties to the case or proceedings to witness the DNA testing to be
conducted.
An order granting the DNA testing shall be immediately executory and
shall not be appealable. Any petition for certiorari initiated
therefrom shall not, in any way, stay the implementation thereof,
unless a higher court issues an injunctive order. The grant of a DNA
testing application shall not be construed as an automatic admission
into evidence of any component of the DNA evidence that may be obtained
as a result thereof.
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Sec. 6. Post-conviction DNA Testing. - 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) a biological sample exists, (b) such sample is
relevant to the case, and (c) the testing would probably result in the
reversal or modification of the judgment of conviction.
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Sec. 7. Assessment of probative value of DNA evidence. - In
assessing the probative value of the DNA evidence presented, the court
shall consider the following:cralaw:red
(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 standards-setting 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.
The provisions of the Rules of Court concerning the appreciation of
evidence shall apply suppletorily.
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Sec. 8. Reliability of DNA Testing Methodology. - In evaluating
whether the DNA testing methodology is reliable, the court shall
consider the following:
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(a) The falsifiability of the
principles or methods used, that is, whether the theory or technique
can be and has been tested;
(b) The subjection to peer review and
publication of the principles or methods;
(c) The general acceptance of the
principles or methods by the relevant scientific community;
(d) The existence and maintenance of
standards and controls to ensure the correctness of data
generated;
(e) The existence of an appropriate
reference population database; and
(f) The general degree of
confidence attributed to mathematical calculations
used in comparing DNA profiles and the significance and limitation of
statistical calculations used in comparing DNA profiles.chan robles virtual law library red
Sec. 9. Evaluation of DNA Testing Results. - In evaluating the results
of DNA testing, the court shall consider the following:
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(a) The evaluation of the weight of
matching DNA evidence or the relevance of mismatching DNA evidence;
(b) The results of the DNA testing in
the light of the totality of the other evidence presented in the case;
and that
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(c) DNA results that exclude the
putative parent from paternity shall be conclusive proof of
non-paternity. If the value of the Probability of Paternity is less
than 99.9%, the results of the DNA testing shall be considered as
corroborative evidence. If the value of the Probability of Paternity is
99.9% or higher, there shall be a disputable presumption of paternity.
Sec. 10. Post-conviction DNA Testing. Remedy if the Results Are
Favorable to the Convict. - The convict or the prosecution may
file a petition for a writ of habeas corpus in the court of origin if
the results of the post-conviction DNA testing are favorable to the
convict.
In case the court, after due hearing, finds the petition to be
meritorious, it shall reverse or modify the judgment of conviction and
order the release of the convict, unless continued detention is
justified for a lawful cause.
A similar petition may be filed either in the Court of Appeals or the
Supreme Court, or with any member of said courts, which may conduct a
hearing thereon or remand the petition to the court of origin and issue
the appropriate orders.
Sec. 11. Confidentiality. - DNA profiles and all results or other
information obtained from DNA testing shall be confidential. Except
upon order of the court, a DNA profile and all results or other
information obtained from DNA testing shall only be released to any of
the following, under such terms and conditions as may be set forth by
the court:
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(a) Person from whom the sample was
taken;
(b) Lawyers representing parties in
the case or action where the DNA evidence is offered and presented or
sought to be offered and presented;
(c) Lawyers of private complainants
in a criminal action;
(d) Duly authorized law enforcement
agencies; and
(e) Other persons as determined by
the court.
Whoever discloses, utilizes or publishes in any form any information
concerning a DNA profile without the proper court order shall be liable
for indirect contempt of the court wherein such DNA evidence was
offered, presented or sought to be offered and presented.
Where the person from whom the biological sample was taken files a
written verified request to the court that allowed the DNA testing for
the disclosure of the DNA profile of the person and all results or
other information obtained from the DNA testing, the same may be
disclosed to the persons named in the written verified request.
Sec. 12. Preservation of DNA Evidence. - The trial court shall
preserve the DNA evidence in its totality, including all biological
samples, DNA profiles and results or other genetic information obtained
from DNA testing. For this purpose, the court may order the appropriate
government agency to preserve the DNA evidence as follows:
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(a) In criminal cases:
i. for not less than the period of
time that any person is under trial for an offense; or
ii. in case the accused is serving
sentence, until such time as the accused has served his sentence;
and
(b) In all other cases,
until such time as the decision in the case where the DNA evidence was
introduced has become final and executory.
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The court may allow the physical
destruction of a biological sample before the expiration of the periods
set forth above, provided that:
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(a) A court order to that effect has
been secured; or
(b) The person from whom the DNA
sample was obtained has consented in writing to the disposal of the DNA
evidence.
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Sec. 13. Applicability to Pending Cases. - Except as provided in
Sections 6 and 10 hereof, this Rule shall apply to cases pending at the
time of its effectivity.
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Sec. 14. Effectivity. - This Rule shall take effect on October
15, 2007, following publication in a newspaper of general circulation.
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