Post-affirmation DNA Test in the Philippines: A Case Study

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Post-affirmation DNA Test in the Philippines A
Case Study

• De Ungria MCA1, Sagum MS1, Te TO2, Diokno MSI2,
  Diokno JMI2 and Asplen CH3
• 1DNA Analysis Laboratory
• University of the Philippines
• www.dnaforensic.org

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Death Penalty in the Philippines

• Reimposed in 1994 (RA 7659)
• Most number of cases-
• -mandatory 30
• e.g. kidnap for ransom, rape with aggravating
  circumstances
• -death eligible 22
• e.g. parricide, murder, kidnapping, plunder

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Crime scene investigation
?
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Reliance on eyewitness testimony
Saks and Koehler Aug 2005 Science Eyewitness
errors 71
But Sarge, its all he remembers!
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Judicial Process
Lower Court (1 Judge) -DEATH PENALTY-
2004Court of Appeals
automatic review by the Supreme Court (15
Justices)
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Errors in Judgment at LC (up to 2004)

• Affirmed 230
• Dismissed due to death of Accused 26
• Sentence modified 555
• Case remanded to trial court 31
• Acquitted 65
• 907

error 651 (71.7)
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• DNA
• objective evidence used in exonerations in the
  US
• powerful tool for human ID
• POST-AFFIRMATION
• DNA TESTS?

G CALACAL
F DELFIN
K TABBADA
UP-NSRI DNA
M SAGUM
M DALET
H PERDIGON
L VILLAMOR
J SALVADOR
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EC PROJECT Human Rights and Democracy in Asia-
Research, Training and Extension Service in
Forensic DNA Analysis in the Philippines

• Research to increase the standards of testing
• 2. Organize training courses for analysts,
  lawyers and judges
• 3. Conduct DNA tests for capital cases after SC
  review

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STRATEGY
Yes to interview
Search for biol. evidence court, police,
hospital, lawyers
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STRATEGY
Yes to interview
Search for biol. evidence court, police,
hospital, lawyers
Investigate ways to access evidence in the
absence of judicial framework for the conduct of
Post-Affirmation DNA tests
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2001 to 2004

• 114 inmates were interviewed
• no biological sample 94

• biological sample 9
• criminal paternity 11

6!
2 cases slides were washed
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People vs. Rey de Villa
Charge rape of 13 year old niece in 1994
Victim testimony medical examination
pregnancy birth of child- girl
Accused Alibi Accused too old to do it 66
years old

• Automatic review by SC (Feb1, 01)
• upheld conviction
• ordered payment for child support
• change DP to reclusion perpetua

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Remedies sought

• Legal SC denied all appeals with finality Nov
  20, 2001
• UP-DNA Lab
• Various human rights agencies
• Family

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Grandson
Victims child
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5 coded saliva samples
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DNA Paternity tests
Petition for habeas corpus and Motion for New
Trial (July 11, 2003) DNA analysis on paternity
shows conclusively that petitioner de Villa is
not the father of the child. His conviction for
rape based on the fact that the child was sired
as a result of the alleged rape cannot stand and
must be set aside.

• 5 children tested
• 3 males mismatches detected
• 2 females mismatches detected
• 16 markers- A (5) B(4)
• DEFINITIVE PATERNITY EXCLUSION

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Supreme Court, Nov 2004
A new trial can be allowed only if the evidence
was discovered after the trial even with the
exercise of reasonable diligence
1994 vs. 1999
The fact of rape is a question entirely separate
and distinct from the identity of the childs
father
RTC decision
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Executive Clemency

• Only branch of government left
• legislative no law
• judicial exhausted all appeals
• Family worked to obtain Presidential Pardon
• old age (77 years old)
• February 24, 2005 The Accused was finally
  released from the National Penitentiary
• March 10, 2005 Rey de Villa visits the UP-DNA
  Laboratory

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Lessons learned

• Need for implementation of standard procedures
  for proper collection and storage of physical
  evidence in criminal investigations

Rape investigation kit
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Lessons learned

• Need to use more powerful tools such as DNA
  evidence to assist in the prompt administration
  of justice

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Acknowledgements

• European Commission
• University of the Philippines
• Philippine Jesuit Prison Foundation
• Department of Science Technology
• Students
• Chrisgel Cruz, Paul Pineda, Celeste Jumadla, Neil
  Yabut, Abelardo Maglanque, Hector Lajara and
  Abraham Acosta