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    Chapter 10 - Assignment (Cpclj3) Rebie Gigataras

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    The Supreme Court ruled that the results of the DNA examination did not entitle the accused to acquittal. The forensic chemist testified that the DNA testing on the victim's vaginal smear and panty were inconclusive because the specimens had already been stained and undergone prior testing, which prevented a complete DNA profile. While the DNA analysis did not detect the accused's complete profile, the contaminated nature of the specimens meant the results were not conclusive of his guilt or innocence.

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    Chapter 10 - Assignment (Cpclj3) Rebie Gigataras

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    Rebie Gigataras
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    The Supreme Court ruled that the results of the DNA examination did not entitle the accused to acquittal. The forensic chemist testified that the DNA testing on the victim's vaginal smear and panty were inconclusive because the specimens had already been stained and undergone prior testing, which prevented a complete DNA profile. While the DNA analysis did not detect the accused's complete profile, the contaminated nature of the specimens meant the results were not conclusive of his guilt or innocence.

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    Chapter 10 - Assignment [Cpclj3] Rebie Gigataras

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    The Supreme Court ruled that the results of the DNA examination did not entitle the accused to acquittal. The forensic chemist testified that the DNA testing on the victim's vaginal smear and panty were inconclusive because the specimens had already been stained and undergone prior testing, which prevented a complete DNA profile. While the DNA analysis did not detect the accused's complete profile, the contaminated nature of the specimens meant the results were not conclusive of his guilt or innocence.

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    Download as docx, pdf, or txt
    42 views2 pages

    Chapter 10 - Assignment (Cpclj3) Rebie Gigataras

    Uploaded by

    Rebie Gigataras
    The Supreme Court ruled that the results of the DNA examination did not entitle the accused to acquittal. The forensic chemist testified that the DNA testing on the victim's vaginal smear and panty were inconclusive because the specimens had already been stained and undergone prior testing, which prevented a complete DNA profile. While the DNA analysis did not detect the accused's complete profile, the contaminated nature of the specimens meant the results were not conclusive of his guilt or innocence.

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    of 2

    GIGATARAS, REBIE N.

    OLTAA7 – TA180081

    GR No. 172326 2009-01-19


    PEOPLE OF THE PHILIPPINES
    vs
    ALFREDO PASCUAL YILDEFONSO
    FACTS:

    The conviction of accused appellant stemmed from an Amended


    Information dated February 23, 2001, filed with the RTC for the cnime designated
    as Rape with Homicide and Robbery. During trial, the defense presentedas
    witness, Aida Viloria-Magsipoc, forensic chemust of the National Bureau of
    Investigation (NBI).

    Said witness testified on the result of the DNA analysis wluchsbe


    conducted on the specimens subnutted by the trial court consisting of the victim's
    vaginal smear and panty. According to hez, no DNA sample from the suspect
    was present on the aforesaid specimens. On cross-examination, she declared
    that based on DNA testing, she could not determine if a woman were raped or
    not. She further declared that in this case, it was possible that the stained vaginal
    smear prevented a complete and good result for the DNA profiling Upon being
    questioned by the court, the foreres ic chemist confimed that DNA testing on the
    subject specimenu was inconchisive and that the result was not good, as the
    specimens sub mütted, ie, the stained vaginal smear and the duty white panty,
    had alreadyundergone serological analysis 192.

    The Court of Appeals affirmed with modification the trial cout's decision.
    Hence, accused appellant seeks for a final review of his case and makes much
    of the result of the DNA analysis conducted by the NBI that his profile was not in
    the victim's vaginal smear. As such, he angues he is innocent of the crime
    charged.

    ISSUE:
    Does the result of the DNA examination entitle the accused- appellant to
    an acquittal?

    RULING:
    In People v-Yatar, the Supreme Court held that in assessing the probative
    valize of DNA evidence, courts should consider, inter alia, the following factors:
    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
    test, and the qualification of the analyst who conducted the tests.
    GIGATARAS, REBIE N. OLTAA7 – TA180081

    In the case at bar, while the DNA analysis of the victim's vaginal swear
    showed no complete profile of the accused-appellant, the same is not conclusive
    considering that said specimen was already stained or contaminated which
    according to the forensic chemist, Aida Villoria-Magsipoc, deters a complete and
    good result for DNA profiling.

    She explained in her testimony that genezally, with the vaginal smear,
    they could see if there is a male profile in the smear. However, in this case, when
    they received the vaginal smear on the stained slide, the same had already
    undergone serological analysis Hence, according to the chemast, the DNA
    testing conducted on the specimen subject of tlus case was inconclusive. [40] In
    light of this flawed procedure, we hold that the result of the DNA examination
    does not entitle accused appellant to an acquittal

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