New rules on DNA as evidence out - SC

The Supreme Court has promulgated new rules governing the admission of DNA (deoxyribonucleic acid) as evidence in criminal cases. The Rule was adopted by the Court en banc on October 2, acting on the recommendation the Subcommittee on Evidence chaired by retired Supreme Court Associate Justice Romeo J. Callejo, Sr. It shall take effect on October 15 following publication in a newspaper of general circulation. It provides, among others, post-conviction DNA testing in cases wherein a biological sample relevant to a case exists and the testing of which would probably result in the reversal or modification of a judgment of conviction. DNA testing means verified and credible scientific methods that 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 determining, with reasonable certainty, whether the DNA obtained from two or more distinct biological samples originates from the same person or if the biological samples originate from related persons It was defined under the Rule as constituting "the totality of the DNA profiles, results, and other genetic information directly generated from DNA testing of biological samples." The tribunal said that DNA is the chain of molecules found in every nucleated cell of the body, the totality of which is unique for each individual except in the case of identical twins. However, the Supreme Court said that the grant of DNA testing couldn’t be interpreted as an automatic admission into evidence of any component of the DNA evidence that maybe obtained from the test. Under the Rule, the appropriate court may, at any time, either motu proprio (by itself) or on application of any person with a legal interest in the matter in litigation, order a DNA testing after sufficient hearings and notices to the parties. Such testing, however, may only be ordered only upon a showing of the following: * That a biological sample relevant to the case exists; * Such sample was not previously subjected to the type of DNA Testing being requested, or if it has already been tested, such previous results require confirmation for good reasons; * The DNA Testing to be used uses a scientifically valid technique; * The DNA Testing has the scientific potential to produce new information relevant to the proper resolution of the case; * The existence of other factors, if any, which the court may consider as potentially affecting the accuracy or integrity of the DNA Testing Additionally, the Rule does not prevent the conduct of DNA Testing before the commencement of a suit or proceeding, as this may be done even without prior court order at the behest of any party, including law enforcement agencies. It provides that post-conviction DNA testing will be available to the prosecution or any person convicted by final judgment, without prior need of court order. "Should the test results prove favorable to the convict, either the convict or the prosecution may file a petition for a writ of habeas corpus in the court of origin," the Supreme Court said. Afterward, the court will conduct hearings to determine whether the petition is meritorious or not. If so, the court will reverse or modify judgment of the conviction and order the convict's release unless the latter is being detained for some other lawful cause. The new Rule also stated that an order granting DNA testing should be implemented immediately. The order is not subject to an appeal. It said that even a petition for certiorari is not a ground to stop the implementation of an order for DNA testing, unless a higher court issues an injunctive writ. - GMANews.TV