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

DNA EVIDENCE [SC Rule On DNA Evidence] ACA Nimfa Cuesta Vilches. DNA : The Code Of Life . Change Your DNA Change Your LIFE!.

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

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  1. DNA EVIDENCE[SC Rule On DNA Evidence]ACA 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. 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]

  5. 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

  6. 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

  7. 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

  8. SC Ruling : Tijing’s 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

  9. 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

  10. 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

  11. 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

  12. “Biological Sample” – Any Organic Material From A Person’s 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,

  13. 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

  14. 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]

  15. 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

  16. 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

  17. [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

  18. 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

  19. 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*

  20. 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

  21. “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

  22. 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

  23. 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

  24. 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

  25. 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

  26. 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

  27. 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

  28. “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 ]

  29. 5 Existing DNA Laboratories • UP – NSRI DNA Analysis Laboratory • National Bureau Of Investigation [NBI] DNA Laboratory • St. Luke’s Hospital • Philippine National Police [PNP] DNA Laboratory • Nat’l. Kidney Institute

  30. 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

  31. 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

  32. Database / Currently 400,000 @ 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

  33. 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

  34. 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

  35. 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

  36. 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]

  37. 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

  38. [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

  39. “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

  40. 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

  41. 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

  42. 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

  43. 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

  44. 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]

  45. “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

  46. Laws / Int’l. 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

  47. 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

  48. 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

  49. 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

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