Post on 22-Jan-2016
Post-affirmation DNA Post-affirmation DNA Test in the Philippines: Test in the Philippines:
A Case StudyA Case Study
De Ungria MCADe Ungria MCA11, Sagum MS, Sagum MS11, Te TO, Te TO22, Diokno , Diokno MSIMSI22, Diokno JMI, Diokno JMI22 and Asplen CH and Asplen CH33
11DNA Analysis LaboratoryDNA Analysis LaboratoryUniversity of the PhilippinesUniversity of the Philippines
www.dnaforensic.orgwww.dnaforensic.org
Death Penalty in the PhilippinesDeath Penalty in the Philippines
• Reimposed in 1994 (RA 7659)Reimposed in 1994 (RA 7659)• Most number of cases-Most number of cases-
--mandatorymandatory :30 :30
e.g. kidnap for ransom, rape with e.g. kidnap for ransom, rape with aggravating circumstancesaggravating circumstances
--death eligibledeath eligible :22 :22
e.g. parricide, murder, e.g. parricide, murder, kidnapping, plunderkidnapping, plunder
?? Crime scene investigationCrime scene investigation
But Sarge, it’s all he remembers!But Sarge, it’s all he remembers!
Reliance on eyewitness testimonyReliance on eyewitness testimony
Saks and Koehler Aug 2005 Science: Saks and Koehler Aug 2005 Science: Eyewitness errors = 71%Eyewitness errors = 71%
Judicial ProcessJudicial ProcessLower Court (1 Judge)Lower Court (1 Judge)
-DEATH PENALTY--DEATH PENALTY-
automatic review by the automatic review by the Supreme Court (15 Justices)Supreme Court (15 Justices)
2004:Court of Appeals2004:Court of Appeals
Errors in Judgment at LC (up to 2004)Errors in Judgment at LC (up to 2004)
AffirmedAffirmed 230230 Dismissed due to death of AccusedDismissed due to death of Accused 26 26 Sentence modified Sentence modified 555555 Case remanded to trial courtCase remanded to trial court 31 31 AcquittedAcquitted 6565
907907
error = 651 (71.7%)error = 651 (71.7%)
UP-NSRI UP-NSRI DNADNA
G CALACALG CALACAL F DELFINF DELFIN K TABBADAK TABBADA
M DALETM DALET M SAGUMM SAGUM
H PERDIGONH PERDIGON L VILLAMORL VILLAMOR J SALVADORJ SALVADOR
DNADNA• objective evidence used in objective evidence used in exonerations in the USexonerations in the US• powerful tool for human IDpowerful tool for human ID
POST-AFFIRMATION POST-AFFIRMATION DNA TESTS?DNA TESTS?
EC PROJECT: Human Rights and Democracy in EC PROJECT: Human Rights and Democracy in Asia- Research, Training and Extension Service in Asia- Research, Training and Extension Service in
Forensic DNA Analysis in the PhilippinesForensic DNA Analysis in the Philippines
1.1.Research to increase Research to increase the standards of the standards of testingtesting
2. Organize training 2. Organize training courses for analysts, courses for analysts, lawyers and judgeslawyers and judges
3. Conduct DNA tests 3. Conduct DNA tests for capital cases for capital cases after SC reviewafter SC review
Yes to interviewYes to interview
Search for biol. evidence:Search for biol. evidence:court, police, hospital, lawyerscourt, police, hospital, lawyers
STRATEGY:STRATEGY:
Yes to interviewYes to interview
Search for biol. evidence:Search for biol. evidence:court, police, hospital, lawyerscourt, police, hospital, lawyers
Investigate ways to access evidence in the Investigate ways to access evidence in the absence of judicial framework for the conduct absence of judicial framework for the conduct
of Post-Affirmation DNA testsof Post-Affirmation DNA tests
STRATEGY:STRATEGY:
2001 to 20042001 to 2004
114 inmates were interviewed114 inmates were interviewed• no biological sample = 94no biological sample = 94• biological sample = 9biological sample = 9• criminal paternity = 11criminal paternity = 11
2 cases: slides were washed 2 cases: slides were washed
6!6!
People vs. Rey de VillaPeople vs. Rey de VillaCharge: rape of 13 year old niece in 1994Charge: rape of 13 year old niece in 1994
VictimVictim::
testimonytestimony
medical medical examination: examination: pregnancypregnancy
birth of child- girlbirth of child- girl
AccusedAccused::
AlibiAlibi
Accused too Accused too old to ‘do it’ = old to ‘do it’ = 66 years old66 years old
Automatic review by SC (Feb1, 01):Automatic review by SC (Feb1, 01):• upheld convictionupheld conviction• ordered payment for child supportordered payment for child support• change DP to change DP to reclusion perpetuareclusion perpetua
Remedies sought:Remedies sought: Legal : SC denied all appeals Legal : SC denied all appeals
with finality Nov 20, 2001with finality Nov 20, 2001
UP-DNA LabUP-DNA Lab Various human rights agenciesVarious human rights agencies FamilyFamily
GrandsonGrandson Victim’s childVictim’s child
5 coded saliva samples5 coded saliva samples
DNA Paternity testsDNA Paternity tests5 children tested:5 children tested:
3 males: mismatches detected3 males: mismatches detected
2 females: mismatches detected2 females: mismatches detected16 markers- A (5); B(4)16 markers- A (5); B(4)
DEFINITIVE PATERNITY DEFINITIVE PATERNITY EXCLUSIONEXCLUSION
Petition for Petition for habeas corpushabeas corpus and Motion for and Motion for New Trial (July 11, 2003):New Trial (July 11, 2003):
‘‘DNA analysis on paternity shows DNA analysis on paternity shows conclusively that petitioner de Villa is not the conclusively that petitioner de Villa is not the
father of the child. His conviction for rape father of the child. His conviction for rape based on the fact that the child was sired as a based on the fact that the child was sired as a
result of the alleged rape cannot stand and result of the alleged rape cannot stand and must be set aside.’must be set aside.’
Supreme Court, Nov 2004Supreme Court, Nov 2004
‘‘A new trial can be allowed only if the A new trial can be allowed only if the evidence was discovered after the trial evidence was discovered after the trial even with the exercise of reasonable even with the exercise of reasonable diligence…’diligence…’
‘‘The fact of rape is a question entirely The fact of rape is a question entirely separate and distinct from the identity of separate and distinct from the identity of the child’s father…’the child’s father…’
1994 vs. 19991994 vs. 1999
RTC decisionRTC decision
Executive ClemencyExecutive Clemency Only branch of government leftOnly branch of government left
legislative: no lawlegislative: no law judicial: exhausted all appealsjudicial: 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, 2005February 24, 2005: The Accused was finally : The Accused was finally released from the National Penitentiaryreleased from the National Penitentiary
March 10, 2005March 10, 2005: Rey de Villa visits the UP-DNA : Rey de Villa visits the UP-DNA LaboratoryLaboratory
Lessons learnedLessons learned Need for implementation of standard Need for implementation of standard
procedures for proper collection and procedures for proper collection and storage of physical evidence in criminal storage of physical evidence in criminal investigationsinvestigations
Rape Rape investigation investigation kitkit
Lessons learnedLessons learned Need to use Need to use
more powerful more powerful tools such as tools such as DNA evidence DNA evidence to assist in the to assist in the prompt prompt administration administration of justiceof justice
• European CommissionEuropean Commission• University of the PhilippinesUniversity of the Philippines• Philippine Jesuit Prison FoundationPhilippine Jesuit Prison Foundation• Department of Science & TechnologyDepartment of Science & Technology•Students:Students:Chrisgel Cruz, Paul Pineda, Celeste Jumadla, Neil Chrisgel Cruz, Paul Pineda, Celeste Jumadla, Neil Yabut, Abelardo Maglanque, Hector Lajara and Yabut, Abelardo Maglanque, Hector Lajara and Abraham AcostaAbraham Acosta
AcknowledgementsAcknowledgements