DNA (Deoxyribonucleic Acid


even if found in ananimate objects. saliva and other body fluids. The totality of the individual’s DNA is unique for the individual. which is the chain of molecules found in every nucleated cell of the body. that is susceptible to DNA testing. save identical twins . hairs and bones  DNA – Deoxyribonucleic acid. This includes blood.Terms  Biological sample – any organic material originating from a person’s body. tissues.

Most of the DNA is placed within the nucleus and is called nuclear DNA. However. . or deoxyribonucleic acid. DNA. is the hereditary material that lies within the nucleus of all cells in humans and other living organisms. a small portion of DNA can also be found in the mitochondria and is called mitochondrial DNA or mtDNA.

• ―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. 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) .Terms • ―DNA evidence‖ constitutes the totality of the DNA profiles. results and other genetic information directly generated from DNA testing of biological samples. with reasonable certainty.

. A child inherits DNA from his or her biological parents—half from the mother. DNA testing is the most advanced technique in establishing paternity. and half from the father.Terms • ―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.

or other bed linens Clothing. sweat .garments worn during and after saliva  Hair.    licked Fingernail scrapings Inside or outside surface of condomn used Blankets. pillows.Identifying DNA Evidence Possible Location of DNA Evidence  Bite mark or area  Source of DNA  Saliva  Blood or skin cells  Semen or skin cells  Semen. including under. sheets. sweat. semen. hair. blood.

  mask Tissue. skin cells or blood  Saliva  Semen. bandanna. toothpick. or glass Dental floss Tape or ligature hair. or rim of bottle. saliva  Skin cells. saliva.saliva  Saliva. or similar item Cigarette butt. skin cells. or   Source of DNA  Sweat. can. hair. washcloth. semen. skin cells. or hair .Identifying DNA Evidence Possible Location of DNA Evidence  Hat.

The DNA testing uses a scientifically valid technique.Application for DNA Testing Order  The appropriate court may. and The existence of other factors. without need of a prior court order. Such order shall issue after due hearing and notice to the parties upon a showing of the following: A biological sample exists that is relevant to the case. This Rule shall not preclude a DNA testing. The DNA testing has the scientific potential to produce new information that is relevant to the proper resolution of the case. if any. before a suit or proceeding is commenced . order a DNA testing. at the behest of any party. at any time. either motu proprio or on       application of any person who has a legal interest in the matter in litigation. but the results may require confirmation for good reasons. including law enforcement agencies. or (ii) was previously subjected to DNA testing. which the court may consider as potentially affecting the accuracy of integrity of the DNA testing. The biological sample: (i) was not previously subjected to the type of DNA testing now requested.

including the condition that the DNA test results shall be simultaneously disclosed to parties involved in the case. Any petition for certiorari initiated therefrom shall not. the testing process and the reliability of the test results. unless a higher court issues an injunctive order. in any way. DNA Testing Order  If the court finds that the requirements in Section 4 hereof have been     complied with.. issue an order requiring all parties to the case or proceedings to witness the DNA testing to be conducted. the court shall – Order. and 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. The grant of 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 . where appropriate. that biological samples be taken from any person or crime scene evidence. An order granting the DNA testing shall be immediately executory and shall not be appealable. Impose reasonable conditions on DNA testing designed to protect the integrity of the biological sample. stay the implementation thereof.

 Remedy if the Results Are Favorable to the Convict. Post-conviction DNA Testing  Post-conviction DNA testing may be available. if shall reverse or modify the judgment of conviction and order the release of 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.  A similar petition may be filed either in the Court of Appeals or the Supreme Court. and (c) the testing would probably result in the reversal or modification of the judgment of conviction. (b) such sample is relevant to the case. which may conduct a hearing thereon or remand the petition to the court of origin and issue the appropriate orders. unless continued detention is justified for a lawful cause. In the case the court. or with any member of said courts. 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. after due hearing finds the petition to be meritorious. .

and compliance with the scientifically valid standards in conducting the tests. how they were handled. the relevant experience of the laboratory in forensic casework and credibility shall be properly established.      the court shall consider the following: The chair of custody. and the possibility of contamination of the samples. the advantages and disadvantages of the procedure. including how the biological samples were collected. including the procedure followed in analyzing the samples. The forensic DNA laboratory. . The provisions of the Rules of Court concerning the appreciation of evidence shall apply suppletorily. If the laboratory is not accredited. including accreditation by any reputable standards-setting institution and the qualification of the analyst who conducted the tests. and The reliability of the testing result. as hereinafter provided. The DNA testing methodology.Assessment of probative value of DNA evidence  In assessing the probative value of the DNA evidence presented.

Maintaining the chain of custody is vital for any type of evidence. In addition. it may be necessary to identify persons who have handled that evidence.Chain of Custody  The chain of custody of evidence is a record of individuals who have had physical possession of the evidence. Documentation is critical to maintaining the integrity of the chain of custody. . if laboratory analysis reveals that DNA evidence was contaminated.

that is. and 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. The existence of an appropriate reference population database. . The general acceptance of the principles or methods by the relevant scientific community. The existence and maintenance of standards and controls to ensure the correctness of data generated. whether the theory or technique can be and has been tested.Reliability of DNA Testing Methodology  In evaluating whether the DNA testing methodology is       reliable. The subjection to peer review and publication of the principles or methods. the court shall consider the following: The falsifiability of the principles or methods used.

If the value of the Probability of Paternity is less than 99.  The results of the DNA testing in the light of the totality of the other evidence presented in the case. the court shall consider the following:  The evaluation of the weight of matching DNA evidence or the relevance of mismatching DNA evidence.9% or higher there shall be a disputable presumption of paternity. .of DNA Testing Results  In evaluating the results of DNA testing.9%. and that  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 99. the results of the DNA testing shall be considered as corroborative evidence.

Confidentiality. Lawyers of private complainants in a criminal action. and Other persons as determined by the court.  DNA profiles and all results or other information obtained from DNA        testing shall be confidential. Duly authorized law enforcement agencies. 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. . Person from whom the sample was taken. a DNA profile and all results or other information obtained from DNA testing shall only be released to any of the following. Except upon order of the court. 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. Whoever discloses. presented or sought to be offered and presented. he same may be disclosed to the persons named in the written verified request. under such terms and conditions as may be set forth by the court: Person from whom the sample was taken.

provided that:  A court order to that effect has been secured.  The court may allow the physical destruction of a biological sample before the expiration of the periods set forth above. DNA profiles and results or other genetic information obtained from DNA testing. For this purpose. including all biological samples.Preservation of DNA Evidence  The trial court shall preserve the DNA evidence in its totality. or  in case the accused is serving sentence. or  The person from whom the DNA sample was obtained has consented in writing to the disposal of the DNA evidence.  In all other cases. until such time as the accused has served his sentence. the court may order the appropriate government agency to preserve the DNA evidence as follows:  In criminal cases:  for not less than the period of time that any person is under trial for an offense. . until such time as the decision in the case where the DNA evidence was introduced has become final and executory.

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