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DNA EVIDENCE [SC Rule On DNA Evidence] ACA Nimfa Cuesta Vilches

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DNA EVIDENCE [SC Rule On DNA Evidence] ACA Nimfa Cuesta Vilches Post Conviction DNA Remedy If Results Favorable To Accused / Filed By Convict Or Prosecution By ... – PowerPoint PPT presentation

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Title: DNA EVIDENCE [SC Rule On DNA Evidence] ACA Nimfa Cuesta Vilches


1
DNA EVIDENCESC Rule On DNA EvidenceACA Nimfa
Cuesta Vilches
2
DNA The Code Of Life
Change Your DNA Change Your LIFE!
3
  • 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
(No Transcript)
5
  • 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 - 13th Gives Gender /
    Y-STR Male-Specific Rape When Female- Male
    DNA Mixed Male Masked

6
  • 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

7
  • 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

8
  • 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

9
  • 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

10
  • 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

11
  • 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

12
  • 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

13
  • 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,

14
  • 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

15
  • 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

16
  • 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

17
  • 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

18
  • 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

19
  • 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

20
  • 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

21
  • 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

22
  • 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

23
  • 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

24
  • 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

25
  • 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

26
  • 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

27
  • 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

28
  • 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

29
  • 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

30
  • 5 Existing DNA Laboratories
  • UP NSRI DNA Analysis Laboratory
  • National Bureau Of Investigation NBI
    DNA Laboratory
  • St. Lukes Hospital
  • Philippine National Police PNP DNA
    Laboratory
  • Natl. Kidney Institute

31
  • 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

32
  • 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

33
  • Database / Currently 400,000 _at_ 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

34
  • 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

35
  • 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

36
  • 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

37
  • 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

38
  • 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

39
  • 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 Post- Conviction

40
  • Get It Right The 1st 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

41
  • 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

42
  • 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

43
  • 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

44
  • 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

45
  • B. GMOs Genetically Modified Products -
    Genes Inserted To Plants To Improve
    Characteristics Bt Corn Engineered To
    Express Toxin Resistant To Corn Borers
    Transgenic Tomato With Carrot Qualities For
    Longer Freshness

46
  • 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

47
  • 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

48
  • 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

49
  • 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

50
  • 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

51
  • 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

52
  • Thanks Much For Lending Me Your Ears !
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