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LEGAL MEDICINE
FORENSIC DNA ANALYSIS IN
CRIMINAL INVESTIGATIONS
DNA-based methods of identification DNA, or deoxyribonucleic acid, is the fundamental
building block of a person’s entire genetic makeup. DNA is present in all human cells and
is the same in every cell and it is composed of sugar, phosphate and nitrogen bases
namely Adenine (A), Guanine (G), Cytosine (C) and Thymine (T). The order of the
nitrogen bases determines the so-called ‘DNA sequence.
Once samples are processed, possible sources of DNA profile/s are evaluated. Sources
may be:
a) the victim;
b) human handlers such as crime scene investigators, medico-legal officers, forensic
analysts and lawyers;
c) the perpetrator of the crime.
DNA evidence in Philippine courts A case report To demonstrate the role of DNA
evidence in criminal courts and in resolving a disputed paternity case, the case of People
of the Philippines vs. Victoriano Paras (Criminal case nos. 85974-85978 Regional Trial
Court, Branch 163 Pasig City) is discussed. This case involved a man charged with
sexual assault resulting in the victim’s pregnancy and birth of a child. DNA evidence was
obtained by conducting a simple paternity test on the DNA of the suspect, the victim and
the child. The accused was charged with five counts of rape committed on various dates,
namely: December 31, 1989, the first, second and fourth weeks of January 1990, and first
week of February 1990 leading to the birth of a child on November 8, 1990. The case was
filed on March 31, 1991. However, inconsistencies were detected in the testimony and
subsequent cross examination of the victim. In addition, the defense presented evidence
that showed the accused was not in Pasig during the period covered by the charges. The
defense also argued that the child was born 10 months after the last incident of the
supposed rapes.
Two weeks later, on the basis of mismatching DNA profiles at four out of five STR
markers tested, the accused was excluded from being the father of the child.
The results of the laboratory examination, the inconsistencies of the victim’s testimony as
well as other evidences presented by the defense in Court on the whereabouts of the
accused during the stated time and dates of the incidences of rape ‘cast a very serious
doubt in the mind of the court as to the guilt of the accused on the five incidences of rape
filed against him’ (Judge Aurelio C. Trampe, 5 May 1999).
The accused was subsequently acquitted and released. Nonetheless, the accused was
imprisoned and his petition for bail was denied whilst the case was being tried in court.
Thus, prior to acquittal, the accused had already been incarcerated for six years. In
contrast, DNA analysis that provided key evidence in this case was conducted within two
weeks. Consideration of these facts highlights the need to incorporate forensic DNA
testing in routine criminal investigations to decrease the possibility of erroneous
convictions as well as to accelerate the progress of pending cases that clog Philippine
courts.
DNA EVIDENCE - constitutes the totality of the DNA profiles, results and other genetic
information directly generated from DNA testing of biological samples;DNA PROFILE -
means genetic information derived from DNA testing of a biological sample obtained
from a person, which biological sample is clearly identifiable as originating from that
person.
DNA TESTING - 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).
DNA PROFILING or DNA TYPING – a process where a minute sample of genetic DNA
material is taken from a human tissue and is given a computerize numeric value in the
form of a “bar code”.
BUCCAL SWAB – a sample of cellular material taken from the inside of a person’s
mouth.
FORENSIC DNA ANALYSIS – analysis of the DNA from a body sample or crime
scene sample to determine forensic DNA profile.
FORENSIC DNA PROFILES – the result obtained from forensic DNA analysis on body
sample or crime scene, providing a unique string of alpha numeric character to provide
identity reference.
INTIMATE SAMPLE- a sample of blood, semen or any other tissue or fluid taken from
a person’s body, urine or pubic hair, or a swab taken from any part of a person’s
genitals (including pubic hair) or from a person’s body orifice other than the mouth.
NON-INTIMATE SAMPLE- a sample of hair other than the pubic hair.A sample taken
from a nail or from under a nail.A swab taken from any part of a person’s body other
than apart from which a swab taken would be an intimate sample;saliva.
American forces have killed the most wanted and feared terrorist Osama Bin Laden.
Despite have sound leads to the compound in which Osama was hiding in Pakistan, is
was crucial to be sure that the man they thought was Bin Laden was truly the terrorist.
The mission was so secret that the Pakistani government did not even know about it; this
for fear of leakages in top secret information that could have foiled the whole project. DNA
Tests were indispensable to know whether the man killed in a compound in Pakistan was
really the most infamous and wanted terrorist Osama Bin Laden, also known as Usuma
Bin Laden.
The operation took place on the 2nd of May 2011. The top secret investigation and
subsequent killing of Bin Laden could not be a closed case until there was absolute
certainty that the right man had been killed.The first method used to determine whether
the body was really that of infamous Bin Laden was facial recognition.
DNA testing is by far the most accurate and reliable way of identifying someone. The In
the case of Osama Bin Laden, US intelligence has managed to collect a number of DNA
profiles belonging to relatives of Bin Laden. This means they had a sound way to identify
the body using forensic DNA tests.
Relationship testing can confirm the biological relationship between relatives. If the DNA
profiles of Bin Laden’s relatives can be confirmed the relationship with Bin Laden’s
alleged body, then it clearly indicated that the body in question is actually Bin laden’s. The
Intelligence also had access to brain samples from Bin Laden’s sibling sister who has
recently passed away from cancer in a hospital in Massachusetts.
These DNA samples were taken and used to establish whether the DNA taken from the
body belonged to her brother (ie Bin Laden).
DNA evidence can be collected from blood, hair, skin cells, and other bodily
substances.
Similar to fingerprints, each individual has a unique DNA profile (except for identical
twins, who share the same genetic code).
For violent crimes, such evidence typically comes from blood or other bodily fluids.
Hair and skin cells left at the crime scene also may provide investigators with enough
DNA for testing purposes.
While DNA testing is not completely foolproof, it is more than 99% accurate (in fact,
there is only a one in one billion chance that the DNA of two individuals will match).
Typically, errors in testing are the result of mix-ups in the lab or the contamination of
samples.
TO CONVICT OR TO EXONERATE?
THAT IS THE QUESTION!
Often, physical evidence from a crime is kept. If the evidence includes samples of
blood, hair, skin, or other evidence that can include DNA, it can often be used to prove
that the person accused could not have committed the crime.
These individuals are frequently convicted on eyewitness testimony, but without any
physical evidence tying them to the crime.
There are presently three Philippine laboratories which have the capability to do forensic
DNA work involving kinship analysis, criminal investigation, and disaster victim
identification (DVI), namely:
DNA Analysis Laboratory at the Natural Sciences Research Institute, -University of the
Philippines Diliman (UPD-NSRI)
the Philippine National Police (PNP) Crime Laboratory, and the National Bureau of
Investigation (NBI) Crime Laboratory.
The first major challenge is the apparent lack of recognition of and support for the vital
role of forensic DNA in criminal investigation and DVI. This can be seen, among other
things, by the fact that Congress has not made the passing of a forensic DNA bill a
priority; that hundreds of sexual assault investigation kits collected from abused women
and children remain untested; and that the government has not released sufficient funds
for laboratories to analyze samples from mass disasters such as Tropical Storm Washi,
also known as Sendong, in 2011, Typhoon Pablo in 2012, and Super Typhoon Haiyan or
Yolanda in 2013.
The second major challenge that forensic DNA scientists face in the Philippines is the
mishandling of crime scene samples. Unfortunately, conducting crime scene
investigations and collecting evidence in the Philippines remain inadequate in a number
of cases, even after the promulgation of the Rule on DNA Evidence in 2007. Section 7 of
the Rule adopted the ruling in the case of People v. Vallejo,38 which outlined the
requirements in assessing the probative value of DNA Evidence. These requirements
include the need for crime scene investigators and law enforcement personnel to follow
“the chain of custody, including how biological samples were collected, how they were
handled, and the possibility of contamination of samples.
Failure to follow proper crime scene investigation procedures was evident when backhoes
were used during the retrieval of bodies in at least two relatively recent cases, namely,
the Maguindanao massacre in November 200940 and the Parojinog case in August
2014.
DNA databases may be public or private, the largest ones being national DNA
databases.Credit: FDA.govHe explained that the most important function of a DNA
database is to produce matches between the suspected individual and crime scene bio-
makers.“It provides evidence to support criminal investigations which can lead to the
identity of potential suspect or suspects in criminal investigations,” Barbers said.He
further said that forensic DNA can also assist in the identification of missing persons or
unidentified human remains in times of accidents and calamities. Barbers said the DNA
technology in the country is largely used to establish paternity and other family
relationships.The bill defines the term “DNA” as a biochemical molecule found in the cells
and makes each species unique.
On the other hand, the term “DNA profile” refers to the genetic information from a forensic
DNA analysis.The measure defines DNA profiling or DNA typing as a process where a
minute sample of genetic DNA material is taken from a human tissue and is given a
computerized numeric value in the form of a “bar code.”The bill provides that the PDDAS,
which shall be the central repository of DNA profiles in the Philippines, shall contain the
forensic DNA profiles of persons classified in the following indices: crime scene index;
suspected persons index; convicted offenders index; detainee index; drugs dependent
index; missing persons index; voluntary index; uniformed personnel index; and
government employees index.
The proposal provides for the establishment of the Philippine DNA Database Office
(PDDO) which shall manage the Philippine DNA Database Analysis System
(PDDAS).The PDDO shall be responsible for the general conduct, administration, and
management of the PDDAS and other functions.It shall be composed of three organic
personnel each from the Philippine National Police (PNP), National Bureau of
Investigation (NBI), Philippine Drug Enforcement Agency (PDEA) and the Armed Forces
of the Philippines.
The PDDAS and any information contained therein shall only be accessed by the
Philippine DNA Database Office. They shall only access the same purposes of
administering the database and comparing DNA profiles or information in the course of an
investigation conducted by any law enforcement agency.Any other law enforcement
agencies who may wish to access information in the PDDAS shall get prior clearance
from the PDDO.
The bill also provides for the establishment of a Philippine DNA Database System
Scientific Advisory Committee for the purposes of developing DNA testing database
quality assurance standards for DNA testing and databasing, including standards for
testing the proficiency of forensic laboratories and forensic analysts conducting forensic
DNA analysis.The PDDAS Scientific Advisory Committee shall be composed of a
maximum of 10 individuals scientifically qualified to understand, develop and adopt DNA
quality assurance standards, with representatives from the University of the Philippines –
Philippine General Hospital (UP-PGH) as chair and other government entities and
institutions actively engaged in forensic DNA testing and analysis as members.The bill
imposes the penalty of 12 years and one day imprisonment or a fine of not less that
P600,00, or both, at the discretion of the court for any person found guilty of tampering of
DNA samples and records. — Ma. Victoria Palomar (HoR)
“That’s the advantage of Next Generation Sequencing (NGS), also known as Massively
Parallel Sequencing,” Dame continues, referring to the newest technology being validated
by the laboratory. “This technology enables a researcher to study and sequence several
markers simultaneously, thereby significantly increasing the amount of information that
can be mined from the sample.” In fact, NGS can be used to sequence an entire genome
at a relatively shorter time compared to more traditional procedures.The NGS project by
the Laboratory funded by DOST-PCHRD has for the most part used Illumina’s MiSeq FGx
Forensic Genomics System.
Using this platform, billions of short, single-stranded templates of DNA are attached to a
slide. Fluorescently-labeled nucleotides are added one by one to the templates, after
which a photo is taken that captures light from color-coded bases. The process is
repeated with these bases added one at a time until sequencing is complete.Jazelyn says
this technique allowed the team to simultaneously analyze not only STRs, but also SNPs.
In a paper published earlier this year, the team analyzed more than 200 markers from 143
unrelated Filipinos who volunteered to provide samples.
These DNA markers included 28 autosomal STRs, 24 STRs from the Y chromosome and
7 from the X chromosome, providing supplementary information that can be vital in
resolving complex kinship cases.
ASIAN-SPECIFIC MARKERS
Despite these findings, much work remains to be done before the technology can be used
routinely in the Philippines. Since many of the markers used to create DNA panels
originated from research that involved Europe and the US, the project aims to generate
the “Southeast Asian reference population database” that will be more useful for local law
enforcement agencies.
“We might find that many of the current DNA markers included in the panel are not useful
for the Philippine population,” Jazelyn said. Citing the case of China, which manufactures
DNA kits that better discriminate among the local population, she mentioned the
possibility of creating kits that are both cheaper and better suited to the region. “What our
population-based studies can do is maybe select the most useful markers and come up
with something more applicable to the country.”With the use of NGS, Jazelyn foresees an
even larger role for DNA in forensic investigations. “Usually,” she said, “we use DNA to
answer: Whom does this belong to? But with the discovery and existence of these SNPs,
we can use Asian-specific ones to narrow the field, prior to pinpointing identities.”Just a
year after the Sierra Bouzigard story ran on National Geographic, officers arrested a
suspect based on Parabon Nanolabs’ profile. As the DNA suggested (and contrary to
police speculation), the man was not Hispanic, but Caucasian. He had fair skin and blue-
green eyes. DNA later taken from an item he discarded finally matched the sample from
under Bouzigard’s nails. Police believe they have their man.
Does this case represent the future of forensic analysis in the country? With a little more
work, the answer seems to be “Yes.”
Herein accused was charged with five counts of rape committed on various dates leading
to the birth of a child. The victim stated that she was raped by the accused on these
dates, namely: December 31, 1989, the first, second and fourth weeks of January 1990,
and first week of February 1990 and gave birth on November 8, 1990. The case was filed
on March 31, 1991.
However, the testimonies and the subsequent cross-examination of the victim and her
mother contained inconsistencies. In addition, the defense presented evidence that
showed the accused was not in Pasig during the period covered by the charges. The
defense also argued that the child was born ten (10) months after the last incident of the
supposed rape.
ISSUE
RULING
To determine whether the accused was indeed the father of the child, the Court ordered
the UP-NSRI DNA Analysis Laboratory to conduct DNA tests on the child, the victim and
the accused. Two weeks later, on the basis of mismatching DNA profiles at four out of five
STR markers tested, the accused was excluded from being the father of the child. The
results of the laboratory examination, the inconsistencies of the victim’s testimony as well
as other pieces of evidence presented by the defense in Court on the whereabouts of the
accused during the stated time and dates of incidences of rape ‘cast a very serious doubt
in the mind of the court as to the guilt of the accuse on the five incidences of rape filed
against him’.
The accused was subsequently acquitted and released. Nonetheless, the accused was
imprisoned and his petition for bail was denied while the case was being tried in court.
Thus, prior to acquittal, the accused had already been incarcerated for six years. In
contrast, DNA analysis that provided key evidence in this case was conducted within two
(2) weeks only.
1) The samples are different and therefore must have originated from different sources
(exclusion). This conclusion is absolute and requires no further analysis or discussion;
2) It is not possible to be sure, based on the results of the test, whether the samples have
similar DNA types (inconclusive). This might occur for a variety of reasons including
degradation, contamination, or failure of some aspect of the protocol. Various parts of the
analysis might then be repeated with the same or a different sample, to obtain a more
conclusive result;
3) The samples are similar, and could have originated from the same source (inclusion).
In such a case, the samples are found to be similar, the analyst proceeds to determine
the statistical significance of the Similarity.
In assessing the probative value of DNA evidence, therefore, courts should consider,
among others things, the following data: how the samples were collected, how they were
handled, the possibility of contamination of the samples, the procedure followed in
analyzing the samples, whether the proper standards and procedures were followed in
conducting the tests, and the qualification of the analyst who conducted the tests.
http://philjournalsci.dost.gov.ph/images/pdf/pjs_pdf/vol132no1/pdf/forensic_DNA_analy
sis.pdf
https://www.academia.edu/2000130/Forensic_DNA_analysis_in_criminal_investigation