PEOPLE OF THE PHILIPPINES v.

GERRICO VALLEJO y SAMARTINO alias PUKE

In assessing the probative value of DNA evidence, courts should consider, among others things, the following:
 How the samples were collected and 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.

Summary Accused was charged rape with homicide of a 9-year old child. Among the tests conducted were blood tests and DNA
analysis from samples taken from the accused, the victim, her parents, and pertinent pieces of clothing found on the
body of the victim as well as those the accused wore on the day the victim went missing. SC held that the totality of the
evidence from these tests, as well as the witness testimonies, was sufficient to establish the guilt of the accused.
Facts  Accused-appellant Gerrico Vallejo was accused of committing the crime of Rape with Homicide of a 9-year old
child, Daisy Diolola, in Rosario, Cavite on July 10, 1999. From the witnesses who testified for the prosecution, it
was established that:
o Daisy’s mom sent her to their neighbor, Aimee Vallejo, sister of the accused, to help Daisy with
her lessons. Accused-appellant was also staying in this house. She returned home with the
accused and took with them a book from which she would draw or paint something. She left with
the accused and no longer came back home.
o The following day, her dead body was found tied to the root of an aroma tree by the river. A
witness saw the accused together with the victim going towards the area where her body would
later be found. Witnesses also noticed that he looked uneasy and troubled. When he was later
arrested, they recovered from his house a number of bloodstained shirts and shorts.
 Cause of death; autopsy: NBI Medico-Legal Officer Dr. Vertido determined that her cause of death was
asphyxia due to strangulation. With regard to her genitals, it was gaping and congested with fresh lacerations.
 Blood samples: NBI Forensic Biologist Buan took blood samples from accused-appellant for examination to
determine his blood type. The shorts and shirt he wore on the day the victim was missing and the victims
clothing were turned over to the NBI Forensic Chemistry Division to determine the presence of human blood.
o Accused was found to have a blood type of O. The pieces of clothing recovered from the
accused as well as those found on the victim were all positive for the presence of type A human
blood.
 DNA samples: NBI Forensic Biologist Buan also took buccal swabs and hair samples from the accused and
the parents of the victim. NBI Forensic Chemist Viloria-Magsipoc conducted DNA tests on the specimens
collected by Dr. Vertido.1 She testified that the vaginal swabs of the victim taken by Dr. Vertido during the
autopsy contained the DNA profiles of the accused and the victim.
 Confession: During his inquest, accused-appellant had with him a handwritten confession admitted he killed
and raped the victim. When he tried to force her to have sexual intercourse, she struggled and resisted. This
was when accused-appellant said he panicked and killed the child.
 RTC decision: Found accused guilty beyond reasonable doubt, sentencing him to death.
Issues/Ratio
I. W/N the accused can be found guilty even without any eyewitnesses to the crime (YES)
As long as there is sufficient circumstantial evidence is presented by the prosecution to prove beyond guilt
reasonable doubt that the accused committed the crime, one may be found guilty.2 In cases of rape with
homicide, evidence against an accused is more often than not circumstantial due to the nature of the crime,
where only the victim and the rapist would have been present and the fact that the victim, owing to the latter’s
death, can no longer testify. Resort to circumstantial evidence is inevitable and to demand direct evidence
proving the modality of the offense and the identity of the perpetrator is unreasonable.

II. W/N the bloodstains on his garments were not proven to belong to the victim since her blood type was
not tested (NO)
The examination conducted by NBI Forensic Biologist Buan of both the accused and the victim’s clothing
yielded bloodstains of the same type A blood. Even if there was no direct determination as to what blood type
the victim had, it can reasonably be inferred that the victim was blood type A since she sustained contused

1
white no. 13 athletic basketball shirt, with patches Grizzlies in front and SAMARTINO at the back; violet no. 9 athletic basketball short pants; white
small Hello Kitty T-shirt with reddish brown stains; cut pink short pants with reddish brown stains; cut dirty white small panty with reddish brown stains
2
Under Rule 133, Section 4 of the Revised Rules on Evidence, circumstantial evidence is sufficient to sustain a conviction if:
(a) there is more than one circumstance;
(b) the facts from which the inferences are derived are proven; and
(c) the combination of all circumstances is such as to produce conviction beyond reasonable doubt.
 abrasions all over her body which would necessarily produce the bloodstains on her clothing.

III. W/N the DNA analysis conducted was reliable considering that the prosecution failed to show that all
the samples submitted for DNA testing were not contaminated, considering that these specimens were
already soaked in smirchy waters before they were submitted to the laboratory (YES)
[doctrine] DNA (deoxyribonucleic acid) is an organic substance found in a person’s cells which contains his or
her genetic code. Except for identical twins, each person’s DNA profile is distinct and unique. When a crime is
committed, an evidence sample is collected from the scene of the crime or from the victim’s body for the
suspect’s DNA. This is then matched with the reference sample taken from the suspect and the victim.

The purpose of DNA testing is to ascertain whether an association exists between the evidence sample and
the reference sample. The test may yield three possible results:
1) The samples are different and therefore must have originated from different sources
(exclusion). This conclusion is absolute and requires no further analysis or discussion;
2) It is not possible to be sure, based on the results of the test, whether the samples have similar DNA
types (inconclusive). This might occur for a variety of reasons including degradation, contamination,
or failure of some aspect of the protocol. Various parts of the analysis might then be repeated with the
same or a different sample, to obtain a more conclusive result; or
3) The samples are similar, and could have originated from the same source (inclusion). In such a
case, the samples are found to be similar, the analyst proceeds to determine the statistical
significance of the similarity.

In assessing the probative value of DNA evidence, courts should consider, among others things,
following: 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.

[as applied] The bloodstains taken from the clothing of the victim and of the accused, the smears taken from
the victim as well as the strands of hair and nails taken from her tested negative for the presence of human
DNA, because, as Ms. Viloria-Magsipoc explained, the specimens (pieces of clothing) were soaked in smirchy
water before they were submitted to the laboratory. Their state prior to the DNA analysis could have hampered
the preservation of any DNA that could have been there before. The negative result was due to the inadequacy
of the specimens, not the inadequacy of the examination or the instruments used.

As regards the vaginal swabs, they yielded positive for the presence of human DNA. Upon analysis by experts,
they conclusively showed the DNA profile of the accused.

Conclusion
From the foregoing, the Court ruled that totality of the evidence was able to sufficiently establish that the
accused was guilty of the crime charged.

Holding Decision of the Regional Trial Court, Branch 88, Cavite City, finding accused-appellant Gerrico Vallejo y Samartino
GUILTY beyond reasonable doubt of the crime of Rape with Homicide and sentencing him to the supreme penalty of
DEATH and directing him to indemnify the heirs of the victim is hereby AFFIRMED.
by rjnuñez [ medjur | gumpal ]
What is DNA and how does it work?

- DNA also known as deoxyribonucleic acid is a molecule. It's a bunch of atoms stuck together. In the case of DNA, these
atoms combined to form the shape of a long spiraling ladder sort of like this one here. If you ever studied biology or watched
the movie Jurassic Park, you probably heard that DNA acts as a blueprint or recipe for living thing.
- But how? How on earth can a mere molecule act as a blueprint for something as complex and wonderful as a tree a dog or a
dinosaur?
- To help answer that question, let's first take a quick look at amino acids
- Amino acids are tiny little chemicals inside our bodies that are so important. They're often referred to as the building blocks
of life. There's about twenty different kinds each with their own unique shape. The cool thing about them is they can be
attached to each other kind of like Legos to produce an endless variety of larger particles particles called proteins.
- Amino acids make up proteins. Proteins along with other chemicals combined to form living cells cells make up tissues.
Tissues make up organs, and organs when they're all put together and functioning of course combined to form living
creatures like you and me.
- These proteins that make up our bodies and keep in mind there's millions of different kinds of proteins they each have to be
formed in the perfect shape in order to function.If they are the wrong shape they usually won't work. That's where DNA
comes in.
- DNA does a lot of interesting things, some of which we don't fully understand. But one of its main and most well understood
functions is to tell amino acids how to line up and form themselves into the perfect protein shapes. In theory, if the right
proteins are built at the right time and in the right place everything else from cells to organs to entire creatures will come out
just fine
- This here is a simplified model of DNA. It shows us that the steps of the ladder are made up of four different kinds of
chemicals shown here by different colors and letters. If you look at just one half of the molecule, you can read this chemical
sequence or genetic code from top to bottom sort of like a book.
- A single strand of DNA is extremely long millions of letters long. It spends most of its life coiled up like a noodle living
inside the nucleus or the centerpiece of a cell. Amino acids however live outside the nucleus in what's called the cytoplasm to
help DNA interact with the cytoplasm and convert those amino acids into proteins.
- Special chemicals inside the nucleus make partial copies of the DNA code. These partial copies called RNA look a lot like
DNA but they're shorter of course and they're missing one of their sides. Their small shape and size allows them to fit
through tiny pores in the nucleus out to the cytoplasm and into the mouth of another particle called a ribosome.
- Ribosomes are protein building machines. They read the RNA code three letters at a time, suck amino acids out of their
surroundings, stick them together in a chain according to the genetic code. As a chain grows it bends, folds, and sticks to
itself to form a perfectly shaped protein, every three letters of the RNA code tell the ribosome which of the twenty different
kinds of amino acids should be added next.
- For example CAA tells the ribosome to grab a glutamine, AGU tells it to grab a serine and so on. Once a protein is built it
then goes on to do a number of different things, one of which could be to help form of brand new cell
- So to answer the original question, what is DNA?
- DNA is a molecular blueprint for a living thing
- how does it work?
- DNA creates RNA
- RNA creates protein
- Proteins go on to form life
- This entire process as complicated, sophisticated and magical as it might seem is entirely based in chemistry. It can be
studied it can be understood.
DNA fingerprinting

- sometimes refer to as DNA profiling or your genetic fingerprint and basically is started
- idea of DNA fingerprinting is around 1984
- essentially what we have in a human is we have long linear segments of DNA but within that we have these genes and so
99.9% of our DNA and everyone is going to be exactly the same the genes are going to be the same but you again you're
going to have different copies or alleles of those genes that's what makes you you
- but if we look into this area in the middle we used to call this junk DNA but now we know it's really important in controlling
gene expression we find that there's quite a bit of variability in here which shouldn't surprise us because this the gene makes
the protein and the protein makes the phenotype and that's really what natural selection is selecting for or against but this in
the middle can go crazy and so it does and so an example of one that we use in DNA fingerprinting is something called short
tandem repeats
- VNTR- variable number tandem repeats and you'll find in DNA sequencing that you have all kinds of so
- short tandem repeats- letters of DNA that repeat
- single or short tandem repeats are going to be different per individual
- PROCESSING
 Cut these sections out using restriction enzymes and
 amplify them using polymerase chain reaction
 then separate them using gel electrophoresis
- little fragments of DNA are going to migrate
- tell the difference between each of these individuals and so this is their fingerprint
- When they really do DNA profiling what they do is they generally use 13 different sections
- 13 sections are each going to be highly variable so it's a good way to tell who's who
- when would we ever want to do this forensics is one reason and then also in maternity figuring out whose dad
- There was a murder that was committed. Somebody was brutally murdered by one of these three suspects
- They left blood at the scene and so what I can do is I can grab samples of DNA from each of our suspects and then I could
grab the blood itself and then I could do DNA fingerprinting on
- so before we separate them you may think to yourself which of these looks guilty who looks like they're capable of murder
and if we separate them then using that gel what we can see is that mr. blonde is guilty in other words his blood matches up
with the crime scene and so what do I mean by matching up well those single or those short tandem repeats if we look vert
horizontally are going to be exactly lined up and if we were to look at mr. blonde son we'd find more similarities than we
would between the others and so basically that's DNA profiling
- DNA fingerprinting it's much more sophisticated than that but again it's kind of on its way out we'll eventually replace this
with DNA sequencing in the u.s.
- the FBI has started creating this database of DN which is a little scary and basically what they use our 13 different areas
within the chromosome or the genome and then they're looking at those short tandem repeats in there um now why do I say
that's a little bit scary I think you really want to protect your DNA because as we learn more and more about genetics what's
going to be found in your DNA well predisposition t Alzheimer's or breast cancer any of these things which your insurance
company would love to get a hold of and so um and it also doesn't answer the idea of mr. blonde did he really do it
- I mean did the police frame him and then contaminate the blood on so we don't know that all it does tell us is if we have two
samples of DNA the odds of two people having the same DNA fingerprint are astronomical unless they're identical but I did
grant and I hope that's helpful

Short Tandem Repeats – letters of DNA that repeat and varies from person to person. Used in DNA profiling

Polymerase Chain Reaction – process that makes copies of DNA for easier processing

CODIS – combined DNA Index System. Used by the FBI and other government authorities to make a database of everyone’s DNA
for easier identification and to help the administration of criminal justice.
CASE OF JOSEPH SLEDGE

70-year-old man who spent the last part of his 40 years in a Pamlico County prison has been freed by a panel of
judges. They found Joseph Sledge was wrongly convicted in the stabbing deaths of a mother and daughter nearly
four decades ago.
Sledge said Friday he was looking forward to sleeping in a real bed and maybe swimming in a pool.
He was last an inmate at the Pamlico Correctional Institution in Bayboro, according to state officials. He was moved
to there in the summer of 2012 and stayed at the Bayboro prison until he was moved to Columbus County in
advance of Friday's hearing.
Sledge was sentenced to life in prison in the September 1976 slayings of Josephine Davis and her daughter, Aileen.
They were found stabbed to death in their home in Elizabethtown, a day after Sledge had escaped from a prison
work farm where he was serving time for larceny.
The judges heard from a DNA expert who said none of the evidence collected in the case matched Sledge. A key
jailhouse informant also recanted his testimony.
"I can live with myself," Sledge told reporters after being released from the county jail. "I spent all these years in
prison. When you're conscious of something you didn't do, you can live with yourself. It's between you and your
maker, he knows."

Previous Story
A three-judge panel says a 70-year-old inmate was wrongfully convicted nearly four decades ago of killing a mother
and daughter in Bladen County.
Friday's hearing came about after the North Carolina Innocence Inquiry Commission recommended a judicial review
for Joseph Sledge's case.
The judges' unanimous decision came Friday afternoon. They ordered the man immediately released from state
custody.
At a commission hearing in December, forensic experts testified that Sledge wasn't the source of evidence gathered
at the scene, including fingerprints, DNA and hair.
A key jailhouse informant also recanted trial testimony that helped convict Sledge, saying he was coached on what
to say.
Victims Josephine Davis and her adult daughter, Aileen, were found stabbed to death in September 1976 in
Elizabethtown, and Sledge was convicted two years later. He was sentenced to life in prison.
 RULE ON DNA EVIDENCE a. A biological sample exists that is relevant to the
case;
SECTION 1. Scope. – This Rule shall apply whenever b. The biological sample: (i) was not previously
DNA evidence, as defined in Section 3 hereof, is offered, subjected to the type of DNA testing now
used, or proposed to be offered or used as evidence in requested; or (ii) was previously subjected to
all criminal and civil actions as well as special DNA testing, but the results may require
proceedings. confirmation for good reasons;
c. The DNA testing uses a scientifically valid
technique;
Sec. 2. Application of other Rules on Evidence. – In
d. The DNA testing has the scientific potential to
all matters not specifically covered by this Rule, the
produce new information that is relevant to the
Rules of Court and other pertinent provisions of law on
proper resolution of the case; and
evidence shall apply.
e. The existence of other factors, if any, which the
court may consider as potentially affecting the
Sec. 3. Definition of Terms. – For purposes of this accuracy of integrity of the DNA testing.
Rule, the following terms shall be defined as follows:
This Rule shall not preclude a DNA testing, without need
a. “Biological sample” means any organic material of a prior court order, at the behest of any party,
originating from a person’s body, even if found in including law enforcement agencies, before a suit or
inanimate objects, that is susceptible to DNA proceeding is commenced.
testing. This includes blood, saliva and other
body fluids, tissues, hairs and bones;
Sec. 5. DNA Testing Order. – If the court finds that the
b. “DNA” means deoxyribonucleic acid, which is
requirements in Section 4 hereof have been complied
the chain of molecules found in every nucleated
with, the court shall –
cell of the body. The totality of an individual’s
DNA is unique for the individual, except identical
twins; a. Order, where appropriate, that biological
c. “DNA evidence” constitutes the totality of the samples be taken from any person or crime
DNA profiles, results and other genetic scene evidence;
information directly generated from DNA testing b. Impose reasonable conditions on DNA testing
of biological samples; designed to protect the integrity of the biological
d. “DNA profile” means genetic information derived sample, the testing process and the reliability of
from DNA testing of a biological sample the test results, including the condition that the
obtained from a person, which biological sample DNA test results shall be simultaneously
is clearly identifiable as originating from that disclosed to parties involved in the case; and
person; c. If the biological sample taken is of such an
e. “DNA testing” means verified and credible amount that prevents the conduct of
scientific methods which include the extraction confirmatory testing by the other or the adverse
of DNA from biological samples, the generation party and where additional biological samples of
of DNA profiles and the comparison of the the same kind can no longer be obtained, issue
information obtained from the DNA testing of an order requiring all parties to the case or
biological samples for the purpose of proceedings to witness the DNA testing to be
determining, with reasonable certainty, whether conducted.
or not the DNA obtained from two or more
distinct biological samples originates from the An order granting the DNA testing shall be immediately
same person (direct identification) or if the executory and shall not be appealable. Any petition for
biological samples originate from related certiorari initiated therefrom shall not, in any way, stay
persons (kinship analysis); and the implementation thereof, unless a higher court issues
f. “Probability of Parentage” means the numerical an injunctive order. The grant of DNA testing application
estimate for the likelihood of parentage of a shall not be construed as an automatic admission into
putative parent compared with the probability of evidence of any component of the DNA evidence that
a random match of two unrelated individuals in a may be obtained as a result thereof.
given population.
Sec. 6. Post-conviction DNA Testing. – Post-
Sec. 4. Application for DNA Testing Order. – The conviction DNA testing may be available, without need of
appropriate court may, at any time, either motu proprio prior court order, to the prosecution or any person
or on application of any person who has a legal interest convicted by final and executory judgment provided that
in the matter in litigation, order a DNA testing. Such (a) a biological sample exists, (b) such sample is
order shall issue after due hearing and notice to the relevant to the case, and (c) the testing would probably
parties upon a showing of the following: result in the reversal or modification of the judgment of
conviction.
Sec. 7. Assessment of probative value of DNA paternity. If the value of the Probability of
evidence. – In assessing the probative value of the DNA Paternity is less than 99.9%, the results of the
evidence presented, the court shall consider the DNA testing shall be considered as
following: corroborative evidence. If the value of the
Probability of Paternity is 99.9% or higher there
a. The chair of custody, including how the shall be a disputable presumption of paternity.
biological samples were collected, how they
were handled, and the possibility of Sec. 10. Post-conviction DNA Testing – Remedy if the
contamination of the samples; Results Are Favorable to the Convict. – The convict or
b. The DNA testing methodology, including the the prosecution may file a petition for a writ of habeas
procedure followed in analyzing the samples, corpus in the court of origin if the results of the post-
the advantages and disadvantages of the conviction DNA testing are favorable to the convict. In
procedure, and compliance with the scientifically the case the court, after due hearing finds the petition to
valid standards in conducting the tests; be meritorious, if shall reverse or modify the judgment of
c. The forensic DNA laboratory, including conviction and order the release of the convict, unless
accreditation by any reputable standards-setting continued detention is justified for a lawful cause.
institution and the qualification of the analyst
who conducted the tests. If the laboratory is not A similar petition may be filed either in the Court of
accredited, the relevant experience of the Appeals or the Supreme Court, or with any member of
laboratory in forensic casework and credibility said courts, which may conduct a hearing thereon or
shall be properly established; and remand the petition to the court of origin and issue the
d. The reliability of the testing result, as hereinafter appropriate orders.
provided.
Sec. 11. Confidentiality. – DNA profiles and all results
The provisions of the Rules of Court concerning the or other information obtained from DNA testing shall be
appreciation of evidence shall apply suppletorily. confidential. Except upon order of the court, a DNA
profile and all results or other information obtained from
Sec. 8. Reliability of DNA Testing Methodology.  – In DNA testing shall only be released to any of the
evaluating whether the DNA testing methodology is following, under such terms and conditions as may be
reliable, the court shall consider the following: set forth by the court:

a. The falsifiability of the principles or methods a. Person from whom the sample was taken;
used, that is, whether the theory or technique b. Person from whom the sample was taken;
can be and has been tested; c. Lawyers of private complainants in a criminal
b. The subjection to peer review and publication of action;
the principles or methods; d. Duly authorized law enforcement agencies; and
c. The general acceptance of the principles or e. Other persons as determined by the court.
methods by the relevant scientific community;
d. The existence and maintenance of standards Whoever discloses, utilizes or publishes in any form any
and controls to ensure the correctness of data information concerning a DNA profile without the proper
generated; court order shall be liable for indirect contempt of the
e. The existence of an appropriate reference court wherein such DNA evidence was offered,
population database; and presented or sought to be offered and presented.
f. The general degree of confidence attributed to
mathematical calculations used in comparing Where the person from whom the biological sample was
DNA profiles and the significance and limitation taken files a written verified request to the court that
of statistical calculations used in comparing DNA allowed the DNA testing for the disclosure of the DNA
profiles. profile of the person and all results or other information
obtained from the DNA testing, he same may be
Sec. 9. of DNA Testing Results. – In evaluating the disclosed to the persons named in the written verified
results of DNA testing, the court shall consider the request.
following:
Sec. 12. Preservation of DNA Evidence. The trial court
a. The evaluation of the weight of matching DNA shall preserve the DNA evidence in its totality, including
evidence or the relevance of mismatching DNA all biological samples, DNA profiles and results or other
evidence; genetic information obtained from DNA testing. For this
b. The results of the DNA testing in the light of the purpose, the court may order the appropriate
totality of the other evidence presented in the government agency to preserve the DNA evidence as
case; and that follows:
c. DNA results that exclude the putative parent
from paternity shall be conclusive proof of non-
a. In criminal cases: The court may allow the physical destruction of a
biological sample before the expiration of the periods set
i. for not less than the period of forth above, provided that:
time that any person is under
trial for an offense; or a. A court order to that effect has been secured; or
ii. in case the accused is serving b. The person from whom the DNA sample was
sentence, until such time as the obtained has consented in writing to the disposal
accused has served his of the DNA evidence.
sentence;
Sec. 13. Applicability to Pending Cases.  Except as
a. In all other cases, until such time as the decision provided in Section 6 and 10 hereof, this Rule shall
in the case where the DNA evidence was apply to cases pending at the time of its effectivity.
introduced has become final and executory.
Sec. 14. Effectivity.  This Rule shall take effect on
October 15, 2007, following publication in a newspaper
of general circulation.