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Post-affirmation DNA Test in the Philippines: A Case Study De Ungria MCA 1, Sagum MS 1, Te TO 2, Diokno MSI 2, Diokno JMI 2 and Asplen CH 3 1 DNA Analysis.

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Presentation on theme: "Post-affirmation DNA Test in the Philippines: A Case Study De Ungria MCA 1, Sagum MS 1, Te TO 2, Diokno MSI 2, Diokno JMI 2 and Asplen CH 3 1 DNA Analysis."— Presentation transcript:

1 Post-affirmation DNA Test in the Philippines: A Case Study De Ungria MCA 1, Sagum MS 1, Te TO 2, Diokno MSI 2, Diokno JMI 2 and Asplen CH 3 1 DNA Analysis Laboratory University of the Philippines

2 Death Penalty in the Philippines Reimposed in 1994 (RA 7659) Reimposed in 1994 (RA 7659) Most number of cases- Most number of cases- -mandatory :30 e.g. kidnap for ransom, rape with aggravating circumstances -death eligible :22 e.g. parricide, murder, kidnapping, plunder

3 ? Crime scene investigation

4 But Sarge, it’s all he remembers! Reliance on eyewitness testimony Saks and Koehler Aug 2005 Science: Eyewitness errors = 71%

5 Judicial Process Lower Court (1 Judge) -DEATH PENALTY- automatic review by the Supreme Court (15 Justices) 2004:Court of Appeals

6 Errors in Judgment at LC (up to 2004) Affirmed230 Affirmed230 Dismissed due to death of Accused 26 Dismissed due to death of Accused 26 Sentence modified 555 Sentence modified 555 Case remanded to trial court 31 Case remanded to trial court 31 Acquitted 65 Acquitted error = 651 (71.7%)

7 UP-NSRI DNA G CALACAL F DELFIN K TABBADA M DALET M SAGUM H PERDIGON L VILLAMOR J SALVADOR DNA objective evidence used in exonerations in the USobjective evidence used in exonerations in the US powerful tool for human IDpowerful tool for human IDPOST-AFFIRMATION DNA TESTS?

8 EC PROJECT: Human Rights and Democracy in Asia- Research, Training and Extension Service in Forensic DNA Analysis in the Philippines 1.Research to increase the standards of testing 2. Organize training courses for analysts, lawyers and judges 3. Conduct DNA tests for capital cases after SC review

9 Yes to interview Search for biol. evidence: court, police, hospital, lawyers STRATEGY:

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11 Yes to interview Search for biol. evidence: court, police, hospital, lawyers Investigate ways to access evidence in the absence of judicial framework for the conduct of Post-Affirmation DNA tests STRATEGY:

12 2001 to inmates were interviewed no biological sample = 94 no biological sample = 94 biological sample = 9 biological sample = 9 criminal paternity = 11 criminal paternity = 11 2 cases: slides were washed 6!

13 People vs. Rey de Villa Charge: rape of 13 year old niece in 1994 Victim: testimony medical examination: pregnancy birth of child- girl Accused: Alibi Accused too old to ‘do it’ = 66 years old Automatic review by SC (Feb1, 01): upheld convictionupheld conviction ordered payment for child supportordered payment for child support change DP to reclusion perpetuachange DP to reclusion perpetua

14 Remedies sought: Legal : SC denied all appeals with finality Nov 20, 2001 Legal : SC denied all appeals with finality Nov 20, 2001 UP-DNA Lab UP-DNA Lab Various human rights agencies Various human rights agencies Family Family

15 Grandson Victim’s child

16 5 coded saliva samples

17 DNA Paternity tests 5 children tested: 3 males: mismatches detected 2 females: mismatches detected 16 markers- A (5); B(4) DEFINITIVE PATERNITY EXCLUSION Petition for habeas corpus and Motion for New Trial (July 11, 2003): ‘DNA analysis on paternity shows conclusively that petitioner de Villa is not the father of the child. His conviction for rape based on the fact that the child was sired as a result of the alleged rape cannot stand and must be set aside.’

18 Supreme Court, Nov 2004 ‘A new trial can be allowed only if the evidence was discovered after the trial even with the exercise of reasonable diligence…’ ‘The fact of rape is a question entirely separate and distinct from the identity of the child’s father…’ 1994 vs RTC decision

19 Executive Clemency Only branch of government left Only branch of government left legislative: no law legislative: no law judicial: exhausted all appeals judicial: exhausted all appeals Family worked to obtain Presidential Pardon Family worked to obtain Presidential Pardon old age (77 years old) old age (77 years old) February 24, 2005: The Accused was finally released from the National Penitentiary February 24, 2005: The Accused was finally released from the National Penitentiary March 10, 2005: Rey de Villa visits the UP-DNA Laboratory March 10, 2005: Rey de Villa visits the UP-DNA Laboratory

20 Lessons learned Need for implementation of standard procedures for proper collection and storage of physical evidence in criminal investigations Need for implementation of standard procedures for proper collection and storage of physical evidence in criminal investigations Rape investigation kit

21 Lessons learned Need to use more powerful tools such as DNA evidence to assist in the prompt administration of justice Need to use more powerful tools such as DNA evidence to assist in the prompt administration of justice

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25 European Commission European Commission University of the Philippines University of the Philippines Philippine Jesuit Prison Foundation Philippine Jesuit Prison Foundation Department of Science & Technology Department of Science & Technology Students:Students: Chrisgel Cruz, Paul Pineda, Celeste Jumadla, Neil Yabut, Abelardo Maglanque, Hector Lajara and Abraham Acosta Acknowledgements


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