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Chain of Custody and Dna Evidence
Chain of Custody and Dna Evidence
(3) safekeeping to
(4) presentation in court for destruction. Such record of movements and custody of seized item
shall include the identity and signature of the person who held temporary custody of the seized
item, the date and time when such transfer of custody were made in the course of safekeeping and
used in court as evidence and the final disposition (Sec. 1, DDB Reg. No. 1, Series of 2002).
Note: In cases involving violations of the Dangerous Drugs Act, credence is given to
prosecution witnesses who are police officers for they are presumed to have performed their duties
in a regular manner, unless there is evidence to the contrary suggesting ill- motive on the part of the
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police officers (People vs. Unisa, 368 SCRA 305).
A: To guarantee the integrity of the physical evidence and to prevent the introduction of
evidence which is not authentic but where the exhibit is positively identified the chain
of custody of physical evidence is irrelevant.
A: Non-compliance with the procedure shall not render void and invalid the seizure of
and custody of the drugs only when:
2. The integrity and the evidentiary value of the seized
items are properly preserved by
the apprehending team. (People v. Dela Cruz, G.R. No. 177222, Oct. 29,2008; People
v. Rivera, G.R. No. 182347, Oct. 17, 2008; Sec. 21 (a), Art. II, IRR of RA 9165).
Note: What is of utmost importance is the preservation of the integrity and evidentiary value of the seized
items, as the same would be utilized in the determination of the guilt or innocence of the accused.
The existence of the dangerous drug is a condition sine qua non for conviction for the illegal sale of
dangerous drugs. The dangerous drug itself constitutes the very corpus delicti of the crime and the
fact of its existence is vital to a judgment of conviction. The chain of custody requirement performs
the function of ensuring that the integrity and evidentiary value of the seized items are preserved, so
much so that unnecessary doubts as to the identity of the evidence are removed (People v. Rivera,
ibid.).
Q: What is DNA?
A: DNA (deoxyribonucleic acid) is the chain of molecules found in every nucleated cell
of the body (Sec. 3, AM No. 06-11-5-SC). It is the fundamental building block of a
person’s entire genetic make-up, which is found in all human cells and is the same in
every cell of the same person (People v. Umanito, G.R. No. 172607, Oct. 26, 2007).
A: It constitutes the totality of the DNA profiles, results and other genetic information
directly generated from DNA testing of biological samples (Sec. 3(c), AM No. 06-11-5-
SC).
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Q: What is DNA testing?
A: It means verified and credible scientific methods which 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 the purpose of
determining, with reasonable certainty, whether or not the DNA obtained from two or
more distinct biological samples originates from the same person (direct identification)
or if the biological samples originate from related persons (Kinship Analysis) (Sec. 3(e),
AM No. 06-11-5-SC).
Note: The scientific basis of this test comes from the fact that our differences as individuals are due
to the differences in the composition of our genes. These genes comprise a chemical substance, the
deoxyribonucleic acid or DNA [The Court Systems Journal (1999)].
A: The significance lies in the uniqueness of the totality of the DNA of a person. It is a
scientific fact that the totality of individual’s DNA is unique for the individual, except
identical twins (Sec. 3, AM No. 06-11-5-SC).
Q: During Alexis’ trial for rape with murder, the prosecution sought to introduce
DNA evidence against him, based on forensic laboratory matching of the materials
found at the crime scene and Alexis’ hair and blood samples. Alexis’ counsel
objected, claiming that DNA evidence is inadmissible because the materials taken
from Alexis were in violation of his constitutional right against self-incrimination as
well as his right of privacy and personal integrity. Should the DNA evidence be
admitted or not? Reason. (2004 Bar Question)
A: A person who has a legal interest in the litigation may file an application before the
appropriate court, at any time (Sec. 4, AM No. 06-11-5-SC).
The order for a DNA testing shall not however, be issued as a matter of course and from
the mere fact that the person requesting for the testing has a legal interest in the
litigation. For the order to be issued, there must be a further showing that:
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Q: Is a court order always required before undertaking a DNA testing?
A: No. The Rules on DNA Evidence allows a testing without prior court order if done
before a suit or proceeding is commenced at the behest of any party including law
enforcement agencies. This also means that a litigation need not exist prior to DNA
testing. Thus, a court order shall be required only if there is a pending litigation but not
before the litigation (Sec. 4, AM No. 06-11-5-SC).
A:
4. The results of the DNA testing in the light of the totality of the other evidence
presented in the case; and
5. DNA results that exclude the putative parent from paternity shall be conclusive proof
of non-paternity (Sec. 9, AM No. 06-11-5-SC).
Q: If a DNA test was conducted, what are the possible results that it may yield?
A:
a. The samples are similar, and could have originated from the same source (Rule of
Inclusion). In such a case, the analyst proceeds to determine the statistical
significance of the similarity.
b. The samples are different hence it must have originated from different sources (Rule of
Exclusion). This conclusion is absolute and requires no further analysis;
c. The test is inconclusive. This might occur due to degradation, contamination, failure of
some aspect of protocol, or some other reasons. Analysis might be repeated to
obtain a more conclusive result (People v. Vallejo, G.R. No. 144656, May 9, 2002).
A: DNA profiles and all results or other information obtained from DNA testing shall
be confidential. Except upon order of the court, a DNA profile and all results or other
information obtained from DNA testing shall only be released to any of the following,
under such terms and conditions as may be set forth by the court:
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9. Other persons as determined by the court
(Sec.11).
Note: Whoever discloses, utilizes or publishes in any form any information concerning a DNA
profile without the proper court order shall be liable for indirect contempt of the court wherein such
DNA evidence was offered, presented or sought to be offered and presented. (Ibid.)