Digests DNA
Digests DNA
Digests DNA
Amended Information dated February 23, 2001, filed with the RTC
for the crime designated as Rape with Homicide and Robbery. During
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Said witness testified on the result of the DNA analysis which she
conducted on the specimens submitted by the trial court consisting of
declared that in this case, it was possible that the stained vaginal
smear prevented a complete and good result for the DNA profiling.
DNA Testing)2 before the Regional Trial Court (RTC), Branch 72,
that DNA testing on the subject specimens was inconclusive and that
form and substance, issued the Order3 setting the case for hearing and
the result was not good, as the specimens submitted, i.e., the stained
urging anyone who has any objection to the petition to file his
vaginal smear and the dirty white panty, had already undergone
serological analysis.[9]
respondent
Jesus
Lucas
filed
motion
for
case and makes much of the result of the DNA analysis conducted by
of DNA evidence.
the NBI that his profile was not in the victim's vaginal smear. As
such, he argues he is innocent of the crime charged.
ISSUE: Does the result of the DNA examination entitle the accused-
appellant to an acquittal?
Bench and the Bar for the introduction and use of DNA evidence in
the judicial system. It provides the "prescribed parameters on the
In the case at bar, while the DNA analysis of the victim's vaginal
[and] shall not be misused and/or abused and, more importantly, shall
all criminal action shall be prosecuted under the direction and control
35
prosecutor."34 The DNA test is not essential, while there exists other
compulsory blood testing, the moving party must show that there is a
if he honestly thought that the DNA test could have proved his
innocence, he could have asked for the conduct of said test during his
undertaken.
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While a DNA test might have been more conclusive, the cited case
did not mandate DNA testing in place of eyewitness testimony. In
that particular case, scientific forms of identification were held to be
preferable over eyewitness testimony, as pictures of the accused were
what were presented for identification, so the testimony of the
witness was tainted. The holding of a DNA test was never in issue.
testing.
People of the Philippines vs. Juanito Cabigquez y
Alastra
FACTS: Accused Lucero was charged with the crime of Rape with
old girl. The trial court held that enough circumstantial evidence was
presented to prove the guilt of the accused, and rendered its Decision
finding the accused guilty. Said ruling of the trial court were affirmed
by the Court of Appeals. Hence, this appeal was filed where Lucero
claims as his defense that a DNA test should have been done to match
him, and that since no DNA test was done, he cannot be linked to the
crime.