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

Post-affirmation DNA Test in the Philippines: A Case Study. De Ungria MCA 1 , Sagum MS 1 , Te TO 2 , Diokno MSI 2 , Diokno JMI 2 and Asplen CH 3 1 DNA Analysis Laboratory University of the Philippines www.dnaforensic.org. Death Penalty in the Philippines. Reimposed in 1994 (RA 7659)

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

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  1. 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

  2. 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

  3. Crime scene investigation ?

  4. Reliance on eyewitness testimony Saks and Koehler Aug 2005 Science: Eyewitness errors = 71% But Sarge, it’s all he remembers!

  5. Judicial Process Lower Court (1 Judge) -DEATH PENALTY- 2004:Court of Appeals automatic review by the Supreme Court (15 Justices)

  6. 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%)

  7. 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

  8. 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

  9. STRATEGY: Yes to interview Search for biol. evidence: court, police, hospital, lawyers

  10. 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

  11. 2001 to 2004 • 114 inmates were interviewed • no biological sample = 94 • biological sample = 9 • criminal paternity = 11 6! 2 cases: slides were washed

  12. 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

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

  14. Grandson Victim’s child

  15. 5 coded saliva samples

  16. 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

  17. 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 child’s father…’ RTC decision

  18. 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

  19. Lessons learned • Need for implementation of standard procedures for proper collection and storage of physical evidence in criminal investigations Rape investigation kit

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

  21. 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

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