Nikki R. Raton Legal Medicine, Summer 2012 Dr.

Montemayor

May 12, 2012

Deoxyribonucleic Acid (DNA) is the fundamental building block of a persons entire genetic makeup. It is found in all human cells and is the same for each cell and does not change throughout the persons lifetime. Each persons DNA profile is unique and distinct, except in the case of identical twins. DNA analysis is a procedure in which DNA is extracted from a biological sample obtained from an individual is examined. The DNA is processed to operate a pattern or a DNA profile from the individual from where the sample is taken (UP-NSRI DNA Analysis Laboratory, A Primer in DNA based Paternity Testing, 2001). The introduction of new technology into the Philippine forensic horizon has altered the perception of the courts and the litigating public on the acceptability of DNA test results (Aquino, David Robert: Annotation, Development and Acceptance of DNA Test Result, 540 SCRA 501). Various jurisprudence both in civil and criminal law now recognize and accept DNA result as evidence in order to convict or acquit the accused as well as to prove paternity. In criminal cases, rape cases rely on this tool in order to pinpoint the author of the crime through semen samples found on the victims body. The case of People vs Vallejo a rape-slay case decided in 2002, paved the way for the courts recognition, not only on the admissibility of DNA as evidence but also on its probative value, namely: how the samples were collected, how were they handled, the possibility of contamination of the samples, the procedure followed in analyzing the samples, whether the proper standards and procedures were followed in conducting the exam and the qualification of the analyst who conducted the test. The case of People vs Yatar, also a rape-slay case decided in 2004, lengthily discussed the process of DNA testing and the reason for its admissibility. It also upheld the constitutionality of compulsory DNA testing against the contention of the accused that violates his right against self-incrimination. In civil cases, the Court held in the case of Estate of Rogelio G. Ong vs Diaz decided in December 2007 that even the death of the alleged biological father does not ipso facto negate application of DNA testing as long as there exists appropriate samples of his DNA. Prior to this case, in the same year, Supreme Court issued the Rule on DNA Evidence (A.M. 06-11-5-SC) thus establishing the rules and guidelines in

utilizing this procedure. With the passing of this Rule, no doubt the Court has more than recognized but established the reliability and credibility of DNA testing. Indeed, science and law may merge to aid in the administration of justice.