RULE ON DNA EVIDENCE (A.M. No. 06-11-5-SC)

The Rule on DNA Evidence, promulgated on October 15, 2007, by the Supreme Court of the Philippines, governs the use of DNA evidence in judicial proceedings. It supplements the rules under Rule 130 of the Revised Rules on Evidence, providing specific guidelines on its admissibility, probative value, and use in legal cases. Below is a detailed discussion of the provisions and principles of the Rule:

1. Definition of DNA Evidence

DNA (deoxyribonucleic acid) evidence refers to genetic material that can be extracted from biological samples, such as blood, saliva, hair, skin cells, and other bodily substances. It is used to establish identity, relationships, or other relevant facts in a judicial proceeding.

2. Scope of Application

The Rule applies in both criminal and civil cases, including but not limited to:

Determining paternity or filiation;
Establishing identity in criminal investigations or prosecutions;
Resolving disputes where DNA is relevant to the issue.

3. Admissibility of DNA Evidence

Under the Rule, DNA evidence is admissible in court if it meets the following requirements:

a. Relevance

DNA evidence must be relevant to the resolution of the factual issue in the case.

b. Reliability

The reliability of DNA evidence is evaluated based on scientific standards and methodologies. The court considers the integrity of the collection, handling, and analysis of DNA samples.

c. Competence of the Expert

The person or institution conducting the DNA analysis must be qualified, competent, and accredited by recognized authorities.

4. Standards for DNA Testing

To ensure the integrity and reliability of DNA evidence, the following standards must be met:

a. Proper Collection of DNA Samples

DNA samples must be collected by authorized personnel following established protocols to prevent contamination or tampering.

b. Chain of Custody

The chain of custody of DNA samples must be documented and preserved. This ensures that the evidence has not been altered or substituted.

c. Analytical Procedures

DNA analysis must be performed using validated techniques that are accepted in the scientific community.

d. Laboratory Accreditation

The laboratory conducting the DNA analysis must meet international standards and be accredited by a recognized accrediting body.

5. Presentation of DNA Evidence

a. Expert Testimony

The presentation of DNA evidence in court requires expert testimony to explain the methods used, the reliability of the results, and their significance to the case.

b. Statistical Probability

DNA test results must be accompanied by statistical analysis indicating the probability of a match. The Random Match Probability (RMP) or similar statistical measure is often used to quantify the likelihood of DNA profiles coinciding by chance.

6. Probative Value of DNA Evidence

The court evaluates the probative value of DNA evidence by considering the following factors:

a. Reliability of DNA Testing Methodology

Whether the DNA testing methodology is scientifically valid and widely accepted.

b. Relevance of DNA Results

Whether the DNA test results address the factual issues in the case.

c. Consistency with Other Evidence

Whether the DNA evidence is consistent with other evidence presented in the case.

d. Chain of Custody

Whether the chain of custody of DNA samples has been preserved without irregularities.

7. Procedures in Court

a. Order for DNA Testing

Upon motion or sua sponte, the court may order DNA testing when it is relevant to the resolution of the case.
The party requesting DNA testing must demonstrate the necessity and relevance of such evidence.

b. Contesting DNA Evidence

Any party may challenge the admissibility or accuracy of DNA evidence. Grounds for objection include:
- Questions about the validity of the testing procedure;
- Issues with the chain of custody;
- Allegations of contamination or tampering.

c. Post-Conviction DNA Testing

A person convicted of a crime may request DNA testing to prove innocence. This is particularly relevant in cases where identity is a material issue.

8. Legal Presumptions and Effects

a. Paternity Cases

DNA evidence showing a 99.9% probability of paternity creates a disputable presumption of paternity.

b. Exoneration in Criminal Cases

DNA evidence that excludes an accused as the source of the genetic material may be sufficient to exonerate the accused.

9. Confidentiality of DNA Information

DNA information is highly sensitive, and the Rule imposes strict confidentiality measures. Unauthorized disclosure of DNA test results or information is prohibited and punishable under the law.

10. Costs of DNA Testing

The costs of DNA testing are generally borne by the requesting party unless otherwise ordered by the court. In criminal cases, the court may require the government to shoulder the costs if the accused is indigent.

11. Jurisprudence on DNA Evidence

Several Supreme Court rulings illustrate the application of the Rule on DNA Evidence:

People v. Vallejo (2002): Established guidelines for assessing DNA evidence in criminal cases, including the significance of statistical probability and the need for a proper chain of custody.
Tijing v. Court of Appeals (2001): Highlighted the probative value of DNA evidence in determining paternity.
People v. Yatar (2006): Reinforced the reliability of DNA evidence in proving identity in criminal cases.

Conclusion

The Rule on DNA Evidence under A.M. No. 06-11-5-SC provides a robust framework for the admissibility and evaluation of DNA evidence in Philippine courts. By ensuring strict standards for reliability, accuracy, and confidentiality, the Rule enhances the pursuit of justice in cases where genetic evidence plays a critical role. It reflects the Supreme Court’s commitment to leveraging advancements in science while safeguarding the rights of parties in judicial proceedings.