DNA

EVIDENCE

Learning Objectives
Define what is DNA and appreciate the
importance of its analysis in crime
investigation;
Describe types of trace and biological
evidence.
Define Transfer evidence.
Explain the importance of maintaining
the integrity of physical evidence.
Describe methods used to locate
evidence at a crime scene.
Describe the importance of scene
documentation in successful case

Learning Objectives
Enumerate priorities for collecting
biological evidence.
Define situations that require control
and reference samples to be collected.
Describe procedures used to collect,
mark, package, and submit wet and
dry biological evidence .
Enumerate limitations of DNA as an
evidence.
Describe issues of DNA evidence in
the Philippine Courts

Definition of Terms:
DNA (DeoxyriboNucleic Acid)
The abbreviation for deoxyribonucleic acid, which is the genetic
material present in the cells of all living organisms. DNA is
fundamental building block for an individuals entire genetic
make-up
CELL
The smallest component of life capable of independent
reproduction and from which DNA is isolated for forensic
analysis.
CHROMOSOME
The biological structure by which hereditary information is
physically transmitted from one generation to the next.

NUCLEAR DNA VS
MITOCHONDRIAL DNA

Whos your daddy? Whos

your mommy?
Fathers Sperm
Mothers Egg
NuclearDNA

Childs Cell

Whos your granny? Mitochondrial DNA

Passes from generation to generation by
MATERNAL lineage
Found where nuclear DNA doesnt exist
Stable
Exceptionally hardy
Not YET available in PNP DNA Lab

MOTHER

FATHER
INDIVIDUAL
46 CHROMOSOMES

23 pairs (22 pairs or

chromosomes + 1 pair sex
chromosomes)

46 Chromosomes for Normal Human Beings

Normal Male

Shows 23 pairs of chromosomes. Twenty two pairs are called autosomes, 1 pair is
called the sex chromosomes ; XY in a male. Males are associated with secondary
sexual characteristics abundant facial hair, voice, others. Differences are also
evident in the genitalia.

Normal Female

Shows 23 pairs as in the male, but sex chromosomes are represented by XX. Females also have
different physical features from males. A Barr body is also present in cells of the female,
representing an inactivated X chromosome.

DEOXYRIBONUCLEI
ACID
C
DNA
is your genetic blueprint.

You inherit it from your biological

parents.
It codes for things like eye color,
hair color, stature, predisposition to
some diseases and many other
human traits

SCHEMATIC REPRESENTATION

DNA MOLECULE

1. consist of: sugar

phosphate
four nitrogen bases (Adenine(A),
thymine(T),
Guanine (G) and
Cytosine(C)

2. Four bases are paired on the DNA molecule in a

very specific way : A always with T and G always
with C.
3. Connecting the base pairs are alternating sugar
and phosphate units, forming a structure that
resembles a ladder.

STRUCTURE OF DNA

DNA is constructed like a ladder; each base

forms half of the rung, meeting in the middle.
Rails : phosphate and sugar
rungs : nitrogen bases

ATGCATGGGCCATTGC
TACGTACCCGGTAACG

STRUCTURE OF DNA

DNA
DNA is constructed like a ladder...
...a ladder that has been grabbed at both ends and twisted
DNA is like a ladder...
Twisted

Double helix shape

STRUCTURE OF DNA

DNA OVERVIEW
FROM THE WHOLE TO THE
MICROSCOPIC PARTS

Diagram of a Typical Cell from Huma

Doublestranded DNA
is organized
into
chromosomes.
Chromosomes
are situated in
the nucleus
and the
membrane

DNA in the
Cell

Target Region for PCR

Numbers and DNA

Number of cells in human body

100 trillio

Number of Chromosomes
23
pairs
Length of DNA in each cell
2
meters
Size
of genome in base pairs
3 billion
Length of DNA in a person
150
trillion
m from earth to sun
Distance
150
billion m
Each person has enough DNA to go to
the sun and back 500 times!!

DNA Case Processing

Location and Collection of
Evidence
Casework Analysis

Location and Collection

of Evidence to consider
Collection Techniques
Preservation of Evidence
Packaging and Storage
Documentation-Chain of
Custody

DNA Casework
Processing

Documentation and Screening

Sampling and Extraction of DNA

DNA Amplification

Running of samples for Visualization

Data Interpretation and Report Making

Releasing of Report

Brief History of Forensic

DNA Typing
1988 - FBI starts DNA casework
1995 - FSS starts UK DNA
database
1998 - FBI launches CODIS
database
2001 - PNP opens DNA Lab
2007 Rules on DNA Evidence
approved by RP Supreme Court

Applications of DNA
Analysis
Criminal Investigations matching
suspect with
evidence
Parentage Testing identifying parent(s)
Historical investigations archeologist
Missing persons
investigations
Mass disasters positive
identification of the deceased
DNA databases

DNA ANALYSIS IN CRIME

INVESTIGATION
Each persons DNA is
different from every
individuals, except
for identical twins.
DNA collected from a
crime scene can
either link a suspect
to the evidence or
eliminate a suspect,
similar to the use of
fingerprints.

Where Is DNA Contained in

the Human Body?

Perspirati
Blood
on
Semen

Skin cells Fingernail

s
Tissue
Mucus
Organ
Saliva
Muscles

Brain
Bone
Etc

SOURCES of BIOLOGICAL
SAMPLES:
Muscle tissues

Hai
r
Teeth

Body fluids
- blood
- semen
- saliva
- sweat
- urine

Bones

Where can DNA

evidence be found at
a crime scene?
Virtually anywhere!
Use your investigators
instinct!

Why is DNA evidence

useful in criminal
investigation?
DNA
testing has
become an
established part
of criminal justice
procedures, and
the admissibility
of DNA in court is
routine.

Facts on DNA

The same DNA is found in all cells of the

body. The same DNA profile is recovered, no
matter what the sample (cell) type.
DNA is unique for all individuals except
identical twins.
Your DNA does not change through your life.
Any cellular material left at a crime scene
may be a useful source of DNA.
DNA is formed by combination of DNA from
his or her parents with half coming from the
mother and half from the father. is unique for
all individuals except idencal twins.

Physical vs Biological
Evidence

Physical evidence is
any tangible object that
can connect an offender
to a crime scene.
Biological evidence,
which contains DNA, is a
type of physical
evidence.
However, biological
evidence is not always
visible to the naked eye.

How is DNA evidence works?

In this example, the pattern of the evidence specimen
matches that of suspect number one.

SEARCH FOR DNA

EVIDENCE
DNA Evidence is Transfer
Evidence.
DNA Evidence is Trace
Evidence.

DNA Evidence is Transfer Evidence

Evidence

Possible Location
of DNA evidence

Sources of DNA

Baseball bat
or similar

weapon

Handle, end

Sweat, skin, blood

Hat,
bandanna,
mask

Inside

Sweat, hair, dandruff

Facial tissue,
cotton swab

Surface area

Mucus, blood, sweat,

semen, ear wax

Dirty laundry

Surface area

Blood, sweat, semen

toothpick

Surface area

Saliva, blood

Fingernail,
partial
fingernail

scrapings

Blood, sweat, tissue

Through and

Outside surface

Blood, tissue

DNA Evidence is Transfer Evidence

Evidence

Possible Location
of DNA evidence

Sources of DNA

Used cigarette Cigarette butt

Saliva

Stamp
or
envelop

Licked area

Saliva

Tape or
ligature

Inside /outside
surface

Skin, sweat

Bottle, can, or
glasses

Side, mouthpiece

Saliva, sweat,

Bite mark

Persons skin or
clothing

saliva

Used condom

Inside/outside
surface

Semen, vaginal or
rectal cells

Blanket,
pillow, sheet

Surface area

Sweat, hair, semen,

urine, saliva

tissue

cigarette butt

fingernails

Broken window

DNA Evidence is Trace

Evidence
Evidence such as hair,
fiber, body fluids, are
types of physical
evidence that is small
and transient, but
measurable. When
larger items of physical
evidence are subjected
to closer examination in
the laboratory, trace
evidence may be
detected.

DNA Evidence
Collection
And
Preservation

Collection Priority
The first Priority are
trace materials and
evidence of a fragile
nature.
The second priority
would be to collect swabs
from handled items that
have been moved, are out
of place or do not belong
to the resident.
A third priority type of
evidence that may be at
the scene includes the
potentially lower-quality
biological evidence.

COLLECTION OF DNA
EVIDENCE
As a general rule
air dry any sample
taken. If it is in the
form of tissues, freeze
and transport in ice.

 If DNA evidence
is not properly
documented,
collected,
packaged, and
preserved, it will
not meet the
legal and
scientific
requirements for
admissibility in a
court of law.

- If DNA evidence is not

properly documented,
its
origin
can
be
questioned.
- If it is not properly
collected,
degradation can occur.
- If it is not properly
packaged,
contamination
can
occur.
- If it is not properly
preserved,
degradation can occur.

GENERAL
GUIDELINES
Degradation
of biological

evidence is most commonly caused

by exposure to moisture and
heat,
which
encourages
the
growth of bacteria.

This can lead to destruction

of the DNA and the possibility of
incomplete or no DNA typing
results being obtained.

CONTAMINATION OF DNA
EVIDENCE
Contamination of
samples, either by
coming into contact
with each other, or
with DNA from a
person handling the
sample, can lead to
uninterpretable
DNA results.

DNA Source Example:

Ashtray
In this example,
DNA evidence left
by the suspect
and/or the victim
could be found in
the form of saliva,
skin cells and
sweat on the
cigarette.

DNA Source Example:

Laundry
In this example,
DNA evidence
from both the
victim and suspect
can be found in
the form of sweat,
saliva, blood
and/or semen.

DNA Source Example:

Baseball Bat
At first glance, the
victim's DNA
evidence (hair, blood
and bone fragments)
would be found at the
tip of the baseball
bat. After further
consideration, DNA
evidence left behind
by the suspect
(sweat and skin cells)
could be found on the
handle of the bat.

Non-traditional Locations of
DNA Evidence
A threatening letter was
sent to a newspaper
editor. The FBI Lab
sampled the envelope
flap and recovered
some cells (saliva) that
were then typed for
DNA. The profile from
the envelope flap was
compared to a known
suspects profile and
was found to match.

Non-traditional Location
Example:
Saliva

In 1997, two women from Florida were

victims of sexual assault and robbery. One
year later, the police developed a suspect.
Plain-clothed police officers monitored the
suspect for months looking for clues that
would build their case. During surveillance,
the officers saw the suspect spit on the
street. One of the officers grabbed a napkin
and collected the spittle. The saliva, which
contained cells, provided enough DNA
evidence to charge the man with the two
attacks.

Non-traditional Location
Example: Gunshot

A suspect in the violent robbery of

a shop owner. While the owner of the
shop shot at the suspect in self-defense,
the bullet from his gun went through
the body of the assailant and lodged
into a wall. When the ballistics team
evaluated
the
projectile,
they
discovered traces of blood on its
surface. Upon DNA analysis, the blood
on the projectile recovered from the
crime scene was proved to be that of
the suspect, who previously claimed
he knew nothing of the incident.

Collection
Procedures

Personal Protection
BIOLOGICAL MATERIALS CAN CONTAIN PATHOGENS
SUCH AS:

Hepatitis
Syphilis
TB
Gonorrhea
Measles
HIV
NOTE: Assume that all stains, wet or dry, are
infectious!

Considerations for Handling

1. Always wear latex gloves when handling
biological evidence.
2. Change gloves between handling of each
item of evidence.
3. Process biological evidence on a clean area
(such as a fresh piece of butcher paper).
Use a 10 % bleach solution to clean areas
at which biological evidence will be
handled.
4. Be careful not to talk excessively over
biological evidence. Wear a mask if
necessary.
5. Only work with one piece of evidence at a
time.

Body Fluid Stains

Blood stains
Seminal stains
Saliva stains
etc.

Wet Stains on Absorbent

Surfaces
Use one or more dry sterile cotton swabs
to soak up the stain.
If the stain is small, concentrate the stain
on the tip of the swab.
Thoroughly air-dry the sample.
Document that the stain was found wet
and identify from where the stain
Submit entire item if swabbing is not
possible.

Special Situations
Procedures for collecting
wet stains on absorbent
substances are as
follows:
1. Scoop a thin layer
of soil (or sand).
2. Allow to
thoroughly air-dry.

Special Situations
For Liquid Containers:
Empty liquid containers by poking a hole in the
bottom to avoid liquid contact with the mouth
area.
Swab mouth area of the container using sterile
cotton swabs. Package in paper envelope.
Submit entire item if swabbing is not possible.
Request test for both DNA and latent fingerprints.
Mark aluminum cans for "Room Temperature
Storage," as cold or frozen storage causes
condensation on metal, which may dilute
biological evidence.

Wet Stains on Nonabsorbent

Surfaces
Use one or more sterile swabs (or sterile
gauze for larger stains) to soak up the
stain.
Concentrate the stain on one portion of
the tip of the swab.
Allow to thoroughly air-dry.
Collect the control sample by slightly
moistening the swab with distilled water
and rubbing an area of the surface in an
unstained region near the stain.

Dry Stains on Absorbent

Surfaces
(examples: wood frame and carpet)
Cut out the stained area and package
in paper.
Collect a portion of the unstained area
as a control sample.
Package and label each sample
separately.

Dry Stains on Nonabsorbent

Surfaces

Swabbing method (wet absorption).

Moisten sterile swab with distilled water.

Concentrate stain on the tip of the cotton swab.
Allowed swabbed stain to air-dry.

Scraping method.
Use a new or clean scalpel blade to scrape the stains from the
surface.
Collect the flakes onto clean paper and fold the paper in a bindle.
If the stain is on wood, shave the area of the bloodstain with a
new or clean scalpel blade.

Package each item separately.

Place sample in a labeled envelope that provides
reference information on where the sample was collected.
Take a control swabbing from unstained areas using a new
sterile swab slightly moistened with distilled water. Allow
the control swab to air-dry, label and package in paper.
Submit entire item if swabbing or scraping is not possible.

Blood and Body Fluid

Collection
Cuttings.
Remove a
section of the
item
containing the
stain using a
sterile or clean
cutting device.

Blood and Body Fluid

Collection
Wet absorption.
Moisten sterile
swab with distilled
water.
Press or rub the
swab into the stain.
The stain should be
concentrated on
the tip.
Allowed swabbed

Blood and Body Fluid

Collection
Scraping method. The
sample is scraped with a
clean razor blade or scalpel,
into a clean piece of paper
that can be folded and
packaged in a paper
envelope.
This is a method to be used
in a controlled environment
(i.e., no wind or traffic) and
where the scrapings will not
contaminate other evidence.

Thoroughly air dry stains and swabs. Package in

paper envelope or paper bag. No Plastic Bags & No
Staples.
All clothing should be individually packaged and
labelled. ** Be sure to separate victim and suspect
items to avoid cross-contamination. **
Semen stains may be isolated using Alternate
Light Source.
Submit entire item only if swabbing or cutting is not
possible. Limit packaging size as possible.
Sharp objects must be placed in an individual
puncture proof paper container.

Cigarette Butts
Select only the cigarette
butts that may be of
evidentiary value.
Collect individually
Air dry before packaging in
PAPER envelope
Do NOT handle with your
bare fingers.
Do NOT include the ashes.

Fingernail Clippings,
Swabs, Scrapings
Fingernail clippings are generally preferred where possible.
Fingernail Clippings

Fingernail Swabs

Fingernail Scrapings

DNA from Fingernails

Fingernail clippings:
Clip nails using sterile
clippers or scissors
Use one clipper/scissor per
hand
Place clippings in druggist
folds fold
Use a separate piece for
each hand
Place the evidence in
separate labeled envelopes.

DNA from Fingernails

Fingernail Swabs:
Moisten a sterile cotton
swab with distilled
water and swab under
fingernails.
Use one swab per
hand.
Place the evidence in
separate labeled

DNA from Fingernails

Fingernail Scrapings:
Collect scrapings using a
rounded end of a
toothpick.
One toothpick per hand.
Collect the scrapings (and
the toothpick) into
druggist fold (use a
separate piece for each
hand).
Place the evidence in

Hair
Collect all questioned hairs
from the scene that have
possible evidentiary value.
Note position of hairs in the
crime scene.
Use clean forceps or gloves to
collect.
Place in druggist folds; try not
to bend samples.
Avoid damaging the root of the
hair.
Air dry if wet, prior to
packaging.
Combing: Using clean exam
paper and comb thoroughly

HOW TO MAKE A DRUGGIST

FOLD
1. With the material in a position just
right of centre in the middle of the
paper, fold the paper upwards in
half.
2. Keeping the entire sample to the
right, fold the paper half way over.
3. Shake the sample into the left
corner of the pocket that is formed,
and then fold the paper back in half.
4. Fold the top down and place the
packaged sample in an envelope.

Transporting the Victim

In a sexual assault case, it
may be the responsibility of
the first responding officer
to transport the victim for a
medical examination. Prior
to being transported to the
hospital, be sure to cover
the victim with a CLEAN
blanket, CLEAN sheet or a
CLEAN paper wrap. This will
help protect any evidence
that may be located on the
victim.

Collect samples from the victim

to act as control

DNA Sample Collection Consent Form

Known Control Samples

Living Subjects: Collect Buccal Swabs
Procedure:
Collect oral swabs from possible
suspect(s), victim(s), and known
references (those with access to
the scene, such as
homeowners).
Document collection through
photograph and consent forms.
Do not pre-wet swab.
Rub dry swab on the inside of
cheek until wet. Collect at least
two swabs from cheeks.
Identify item with donor's name
on swab box and envelope.
Thoroughly air-dry the swab
before packaging.

Liquid Blood Sample

Procedure
Should be done by licensed
Medical Practitioner
Collect in purple-topped vacuum
tubes that contain the
preservative ethylenediamine
tetra acetic acid.
Identify item with donor's name on
blood tube.
Refrigerate. Do not freeze or store
near high heat (above 100 F) to
prevent the glass from fracturing.
Alert evidence officers of
refrigerated samples.

Known Control Samples

Deceased Subjects
Place tissue specimen in a leak
proof container.
Seal and label.
Keep frozen prior to submission
to the lab.
NOTE: Do not store tissue
sample in alcohol, or any other
liquid.
PNPCL DNA Lab is not yet capable
of analyzing Mitochondrial DNA,
which is present in skeletonised
and decomposed human
remains.

Leak proof container for tissue samples.

Known Control Samples:

Deceased Subjects
1. Buccal swab: Cadaver without blood in the oral cavity.
2. Blood swab: Liquid blood sample removed from body at time of
autopsy must be stained on a sterile cotton swab and air dry.
3. Best tissue sample: If no blood sample is available, collect an
approximate inch square piece of the best tissue sample
available, (psoas muscle, liver, spleen, stomach).
4. Bone marrow or teeth with tissue: If no tissue sample is
available.
5. Bone sample: If no other samples available. Femur or any
available bone
6. If cadaver is embalmed: cut skin from earlobe, prevent cutting
too deep as formalin may leak.
Optional: Hair sample may be collected as additional standard sample. Collect at least
15 head or pubic hairs (PULLED, NOT CUT), package, label and submit to the lab.

Secondary Standard
Secondary standards are collected when collection of
primary standards is impossible, such as in cases of missing
victims.
Buccal swabs from parents, or
Buccal swabs from child and wife, or
Buccal swabs from a known identical twin/
Personal Belongings such as toothbrush, razor,
Thoroughly air-dry samples.
Package in paper envelopes/ bags.
hairbrush.

Examples of DNA
Evidence
According to Nature of
Case
remember DNA is a
transfer evidence

Rape
From Victim:
Stained underwear
or clothing
Vaginal Swabs
Fingernail Clippings
Standard
From Suspect
Clothing with
bloodstain
Standard
From Crime Scene
Seminal stains
Bloodstains

Stabbing Incident
From Victim:
Fingernail Clippings
Standard
From Suspect
Clothing with
bloodstain
Standard
Weapon
From Crime Scene
Bloodstains

Shooting Incident
From Victim:
Fingernail Clippings
Standard
From Suspect
Clothing with
bloodstain
Standard
Weapon
From Crime Scene
Bloodstains

Found Dead Body

From Victim:
Fingernail Clippings
Vaginal
Swab/underwear
(Female)
Standard
From Suspect
Clothing with
bloodstain
Standard
Weapon
From Crime Scene
Body fluid stains

HANDLING OF BIOLOGICAL
EVIDENCE FOR DNA
EXAMINATION

CHAIN OF CUSTODY
Record of individuals who
have had physical
possession of the evidence.
Integrity of chain of
custody
The fewer people handling
the evidence, the better,
the lesser chance of
contamination and a shorter
chain of custody for court
admissibility hearings.

SEAL
Seal maintains the
integrity of the specimen;
to further prove that no
tampering took placed.
May use commercially
available tamper-proof
evidence tapes.
May use scotch or masking
tapes, marked, initialed, or
signed for tamper proofing.
Do not use staples.

MARKINGS on
Evidence

Information to ensure that the

items can be identified by the
collect anytime in the future.
This precaution will help
immeasurably to establish the
credibility of the collectors report
or testimony and will effectively
avoid any suggestions that the item
has been misidentified.

Markings on Evidence
A.Case number.
B.Identifier (letters, numbers, or
combination)
C. Time and date of collection.
***It is also important to note the
place or location where the
evidence was collected.

Markings on Evidence
DATE AND TIME OF
COLLECTION

08-12-2012
0600H

STAIN

CASE
NUMBER

IDENTIFIE
R

Ideal Manner of
Packaging

Ideal Manner of
Packaging
Integrity seal
Initial/Signatur
e of the
Collecting
Officer/who did
the packaging

Ideal Manner of
Packaging

Ideal Manner of
Packaging

Ideal Manner of
Packaging
Turned-over
b y:

Received by
:

Improvised Manner of
Packaging IDENTIFIE
R

SOCO CASE
NUMBER

SPECIMEN
DESCRIPTION

LOCATION WHERE
SPECIMEN WAS
FOUND
TIME & DATE OF
COLLECTION

NAME AND
SIGNATURE OF
COLLECTOR

Improvised Manner of
Packaging

SEALS (Scotch
tape)WITH
SIGNATURE OR
INITIALS OR ANY
IDENTIFIER FOR THE

Documentation & Labeling

Documents needed: DNA
request
1.Letter Request
2.Court Order
3.Chain of custody form
(Ideal)

Ideal Letter request

containing all
information as to:
Brief summary of
the case.
Source of the
specimen.
Markings.
Packaging.
-

LIMITATIONS
DNA cannot be used to:
Tell how long the suspect was at
the crime scene.
Tell how long the suspect handled
an object.
Determine how long ago the cells
were deposited on the item.

Many items need to go through other

sections of the lab
Common requests:
Latent Prints
Firearms
Important to decide based on case,
which evidence has priority

LIMITATIONS
Environmental factors such as
heat, bacteria and mold can
destroy DNA evidence.
Identical twins share identical
DNA.
DNA can not be used to
determine WHEN the suspect
was at the crime scene.

How long does crime scene

DNA last?

If items have been stored

properly, DNA can last decades
(30+ years).
Exposed to harsh environment
(eg: heat, sunlight, moisture,
mold), DNA may only last a few
days or weeks.
In the laboratory: we cant tell
in advance whether or not an
item will yield any DNA.
DNA can be present, but too

Admissibility of DNA Evidence

People v. Vallejo: 382 SCRA 192 (2002)
discussed the probative value, not admissibility, of DNA
evidence
In assessing the probative value of DNA evidence,
therefore, courts should consider, among other 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.
[431 Phil. 798 (2002)].

Common DNA evidence submission

mishaps:
THINGS NOT TO DO!
1. MARKINGS DO NOT MATCH
2. DESCRIPTIONS DO NOT MATCH with
DESCRIPTION OF SPECIMEN
4. NO MARKINGS
5. NO SEAL
6. PART OF SPECIMEN EXPOSED: Ex. Only
blade part of the knife is wrapped with
paper.
7. VARIETY OF SPECIMENS IN ONE
PACKAGING
8. WET SPECIMEN
9. PLASTIC PACKAGING

Admissibility of DNA Evidence

Herrera v. Alba. 460 SCRA 197 (2005).
in the Philippines, evidence is admissible when it is relevant
to the fact in issue and is not otherwise excluded by statute
or the Rules of Court. Evidence is relevant when it has such a
relation to the fact in issue as to induce belief in its existence
or non-existence. Section 49 of Rule 130, which governs the
admissibility of expert testimony, provides as follows: The
opinion of a witness on a matter requiring special knowledge,
skill, experience or training which he is shown to possess may
be received in Evidence. This Rule does not pose any legal
obstacle to the admissibility of DNA analysis as evidence.
Indeed, even evidence on collateral matters is allowed
when it tends in any reasonable degree to establish the
probability or improbability of the fact in issue.

Rule on DNA Evidence

A.M. No. 06-11-5-SC October 2, 2007
October 15, 2007

Took effect

Sec. 1. Scope. - This Rule shall apply whenever DNA

evidence, as defined in Section 3 hereof, is offered, used,
or proposed to be offered or used as evidence in all
criminal and civil actions as well as special proceedings.
Sec. 4. Application for DNA Testing Order. - The
appropriate court may, at any time, either motu proprio or
on application of any person who has a legal interest in the
matter in litigation, order a DNA testing This Rule shall
not preclude a DNA testing, without need of a prior court
order, at the behest of any party, including law enforcement
agencies, before a suit or proceeding is commenced.

Rule on DNA Evidence

A.M. No. 06-11-5-SC October 2, 2007
Took effect
Sec. 7. Assessment
probative value of DNA evidence. - In assessing
October 15,of
2007
the probative value of the DNA evidence presented, the court shall
consider the following:
(a) The chain of custody, including how the biological samples were
collected, how they were handled, and the possibility of contamination of
the samples;
(b) The DNA testing methodology, including the procedure followed in
analyzing the samples, the advantages and disadvantages of the
procedure, and compliance with the scientifically valid standards in
conducting the tests;
(c) The forensic DNA laboratory, including accreditation by any reputable
standards-setting institution and the qualification of the analyst who
conducted the tests. If the laboratory is not accredited, the relevant
experience of the laboratory in forensic casework and credibility shall be
properly established; and
(d) The reliability of the testing result, as hereinafter provided.
The provisions of the Rules of Court concerning the appreciation of
evidence shall apply suppletorily.

Right Against Self

Incrimination

Applicable to testimonial evidence, not when

obtaining DNA samples.
The contention is untenable. The kernel of the right
is not against all compulsion, but against testimonial
compulsion. The right against self-incrimination is
simply against the legal process of extracting from
the lips of the accused an admission of guilt. It does
not apply where the evidence sought to be excluded
is not an incrimination but as part of object
evidence. People v. Yatar. 428 SCRA 504 (2004) at
518

Right Against Self

The Court ruledIncrimination
in People v. Rondero [G.R. No.

125687, 9 December 1999, 320 SCRA 383] that

although accused-appellant insisted that hair samples
were forcibly taken from him and submitted to the
National Bureau of Investigation for forensic
examination, the hair samples may be admitted in
evidence against him, for what is proscribed is the use
of testimonial compulsion or any evidence
communicative in nature acquired from the accused
under duress. Hence, a person may be compelled to
submit to fingerprinting, photographing, paraffin,
blood and DNA, as there is no testimonial
compulsion involved.
People v. Yatar. 428 SCRA 504 (2004) at 518

Right Against Self

Under PeopleIncrimination
v. gallarde, [G.R. No. 133025, 27

February 2000, 325 SCRA 835] where

immediately after the incident, the police
authorities took pictures of the accused without
the presence of counsel, we ruled that there
was no violation of the right against selfincrimination. The accused may be compelled
to submit to a physical examination to
determine his involvement in an offense of
which he is accused.
People v. Yatar. 428 SCRA 504 (2004) at 518

DNA is unique except

for?
a.Twins
b.Siblings
c.Identical twins
d.None. DNA is unique.

You are investigating a rape

case. You collected and
submitted the victims
underwear with alleged
seminal stain. What standard
biological sample from the
accused would you submit?
a.Semen
b.Blood
c.Buccal swab
d. Tissue sample

You are investigating a

murder. The male victim, who
is still unidentified, was
apparently beaten to death
and put inside a bag before
being dumped on the
sidewalk. What biological
evidence would you ask the
SOCO to collect from the
victim?
a.Nail clippings
b.Tissue sample
c.A and b.

You are investigating a

murder. The male victim, who
is still unidentified, was
apparently beaten to death
and put inside a bag before
being dumped on the
sidewalk. What standard
samples would you collect and
compare to the DNA profile
generated from the victims
tissue sample?
a.Parents buccal swabs
b.Used personal belongings
c.His twins buccal swabs

You are investigating a cold

case. A rape incident that
occurred 20 years ago, where
the previous investigator was
able to collect the victims
underwear with alleged
seminal stain. The underwear
is still kept safe in your
evidence room. An eyewitness
surfaced, pointing to a
suspect. You were able to
arrest the suspect. Is it
possible to use the evidence
collected 20 yrs ago for DNA
analysis?

CASE
STUDY
Case no.1: Paternity
Facts of the case: A wealthy old man died
of natural causes. No last will and
testament was ever recorded by him. He
had one (1) legitimate child and two (2)
illegitimate children. To settle things, his
three (3) closest friends asked the services
of
the DNA-lab
retrieve
specimens
Question:
Whatto
the
purpose
of askingfrom
the
the
old man
forlaboratory?
future references.
services
of the
Answer: His three (3) closest friends
blackmailed the legitimate child into
giving them 1/3 of the old mans wealth
or they will go public.
Php

Case no.2: Rape/Paternity

Facts of the case: A 16-year old girl gave
birth to twins mid 2004. She accused a
wealthy old man that he was the alleged
father, but later retracted saying that he
had a previous boyfriend and was the true
father of her offspring. Nevertheless the
old
manHe
still
pursued
forthe
a DNA
Result:
could
not be
father of the
examination.
alleged children.
Question: What drove this man to have a
sexual affair with the girl?
Answer: Curiosity

Case no.3: Rape

Facts of the case: A 20-year old woman
accused his 45-year old neighbor of raping
her. During the hearing the man challenged
the prosecutor for a DNA examination using
the vaginal swabs that was taken from the
woman when she was examined by a medicolegal
officer
and firmly
stated
infound
his affidavit
Result:
The foreign
DNA
profile
in the
that
he had
raped
the
victim.
vaginal
swabnever
matched
the
DNA
profile of the
suspect and is now serving his time in prison.
Question: Why was the suspect so confident
in challenging the prosecutor for a DNA
examination?
Answer: The man knew that he didnt ejaculate
during the intercourse and was convinced that
no DNA specimen of his could ever be found on
the swabs.

Case no.4: Murder

Facts of the case: A middle-aged woman and
her lady companion was killed in their house.
The investigators then turned to the womans
boyfriend who was present at the crime scene
and submitted his t-shirt and shoes with
alleged bloodstain for DNA examination.
Stated in his sworn affidavit, he arrived at the
scene and found his girlfriend lying on the
floor.
Shocked,
he
held
onto his
girlfriend
Result:
The man
was
charged
with
double
before
arrivedto
and
causing blood
murderinvestigators
and was sentenced
death.
to be stained on his shirt and shoes.
Question: Why was he found guilty?
Answer: Results showed that the DNA profile
found on his shirt and shoes matched the DNA
profile of the lady companion of the woman.

Has Forensic DNA Profiling

replaced other forensic
techniques?

Not all cases can be solved with

DNA.
Not all cases can be solved with
fingerprinting.
The disciplines can work in
synergy.
Forensic science is
multidisciplinary: pathology,
biology, anthropology,

Concentrate on what
cannot lie..The
evidence
Grissom

- Gil

Kung mahusay ang pagkalap ng

ebidensya, lumalaki ang tsansa ng
pagkalutas ng anumang krimeng
aming sinisiyasatGamit ang
siyensya, lohika at pagkamaparaan
ay humantong sa pagkalutas ng
kasong tinututukan.
- Gus Abelgas, ABSCBN SOCO

Thank You!