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The Use of Dna, or Deoxyribonucleic Acid As Evidence
The Use of Dna, or Deoxyribonucleic Acid As Evidence
The Use of Dna, or Deoxyribonucleic Acid As Evidence
DEOXYRIBONUCLEIC ACID AS
EVIDENCE
WHAT IS DNA?
DNA, or deoxyribonucleic acid, is the hereditary material in humans and
almost all other organisms. Nearly every cell in a persons body has the
same DNA. Most DNA is located in the cell nucleus (where it is called
nuclear DNA), but a small amount of DNA can also be found in the
mitochondria (where it is calledmitochondrial DNAor mtDNA).
The information in DNA is stored as a code made up of four chemical
bases: adenine (A), guanine (G), cytosine (C), and thymine (T). Human
DNA consists of about 3 billion bases, and more than 99 percent of
those bases are the same in all people.
Two other significant cases arePeople v. YatarandIn re: The Writ of Habeas Corpus for
Reynaldo de Villa. Second, DNA evidence is also used in cases to prove paternity and
filiation, in such cases asPe Lim v. Court of AppealsandCabitania v. Court of Appeals.
Two notable cases involving the use of DNA evidence are Agustin v. Court of
AppealsandHerrera v. Alba.
The Article also examines the probative value and weight of DNA Evidence. The
Supreme Court in People v. Vallejoprovided some principles to consider in assessing
the probative value of DNA: (1) how the samples were collected; (2) how they were
handled; (3) the possibility of contamination; (4) the procedure followed in analyzing
the samples; (5) whether the proper standards and procedures were followed; and (6)
the qualification of the analyst who conducted the tests.
The Author concludes that DNA testing is a valid probative tool in the Philippines. Its
high level of accuracy is highly useful. Promoting its use not only protects the rights of
the people, it also results in the improvement of the administration of justice.
USE IN CRIMINAL
CASES
The use of DNA evidence in criminal cases was tackled inPeople vs. Yatar,
G.R. No. 164545, November 20, 2006] criminal case for rape with homicide.
DNA print or identification technology has been advanced as a
uniquely effective means to link a suspect to a crime, or to exonerate a
wrongly accused suspect, where biological evidence has been left. For
purposes of criminal investigation, DNA identification is a fertile source of
both inculpatory and exculpatory evidence. It can assist immensely in
effecting a more accurate account of the crime committed, efficiently
facilitating the conviction of the guilty, securing the acquittal of the
innocent, and ensuring the proper administration of justice in every case.
DNA evidence collected from a crime scene can link a suspect to a crime or
eliminate one from suspicion in the same principle as fingerprints are used.Incidents
involving sexual assault would leave biological evidence such as hair, skin tissue,
semen, blood, or saliva which can be left on the victims body or at the crime scene.
Hair and fiber from clothing, carpets, bedding, or furniture could also be transferred to
the victims body during the assault.Forensic DNA evidence is helpful in proving that
there was physical contact between an assailant and a victim. If properly collected
from the victim, crime scene or assailant, DNA can be compared with known samples
to place the suspect at the scene of the crime.
In assessing the probative value of DNA evidence, courts should consider,inter
alia, the following factors: 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.