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Albert Lee G. Angeles, Wrongful Conviction and the Case for Forensic Evidence in the
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Wrongful Conviction and the Case for
Forensic Evidence in the Philippine
Criminal Justice System
Albert Lee G. Angeles*

I. WRONGFUL CONVICTIONS IN THE PHILIPPINES ...... ....... 1155

II. FORENSIC EVIDENCE AND WRONGFUL CONVICTION.............. II58
III. FORENSIC EVIDENCE AS PHYSICAL EVIDENCE .. ............. II6i
IV. FORENSIC EVIDENCE IN JUDICIAL DECISION-MAKING ............. 1163
V. FORENSIC EVIDENCE AND INFERENCE NETWORKS ................. 1167
VI. FORENSIC EVIDENCE AND OUR CRIMINAL JUSTICE SYSTEM ... 1169
VII.FINAL NOTE.............................................". 173

Acquitting the guilty and condemning the innocent - the LORD detests them
both.

Proverbs 17:15'

I. WRONGFUL CONVICTIONS IN THE PHILIPPINES

The actual occurrence of wrongful convictions2 in the Philippines may have

been memorialized in our case law when the Supreme Court, expressing its
concern on the implications of the imposition of capital punishment,

* '08 J.D., Ateneo de Manila University School of Law. The Author is currently a
Senior Associate at Fortun Narvasa & Salazar Law Offices where he extensively
practices litigation.
The views expressed in this Article are solely those of the Author and in no way
reflect the views of Fortun Narvasa & Salazar Law Offices.

Cite as 57 ATENEo L.J. 1155 (2013).

i. Proverbs 17:15 (New International Version).

2. Wrongful conviction may be viewed in at least two ways: firstly, an innocent
person is convicted, and secondly, a person is convicted without observing the
proper procedure and violating his rights. John Roman, et al., Post-Conviction
DNA Testing and Wrongful Conviction (A Research Report for the Urban
Institute Justice Policy Center) 8, available at http://www.urban.org/
UploadedPDF/4I2589-Post-Conviction-DNA-Testing-and-Wrongful-
Conviction.pdf (last accessed Feb. 28, 2013).

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1156 ATENEO LAW JOURNAL [VOL. 5 7:115 5

acknowledged in People v. Mateo 3 that 71.77% of the death penalty cases

elevated to it on automatic review were either modified or vacated, and that
as a result, a total of 651 out of 907 lined up in death row were saved from
lethal injection.4

Another case was added to the statistics in 2010 when the Supreme
Court reversed a judgment of conviction in the highly publicized case of
Lejano v. Peoples and directed the immediate release of the accused who had
been wrongly detained for 14 years.6 Note, however, that even before the
expos& in 2004 and the consolidated cases of Lejano and Webb in 2010, there
had already been a concern and an admonition to be circumspect to protect
the rights of the innocent and to prevent wrongful convictions.7

3. People v. Mateo, 433 SCRA 640 (2004).

4. Id. at 656-57. The Supreme Court discussed:
Statistics would disclose that within the [ii]-year period since the re-
imposition of the death penalty law in 1993 until June 2004, the trial
courts have imposed capital punishment in approximately 1,493, out of
which, 907 cases have been passed upon in review by the Court. In
the Supreme Court, where these staggering numbers find their way on
automatic review, the penalty has been affirmed in only 230 cases
comprising but 25-36% of the total number. Significantly, in more than
half or 64.61% of the cases, the judgment has been modified through
an order of remand for further proceedings, by the application of the
Indeterminate Sentence Law or by a reduction of the sentence. Indeed,
the reduction by the Court of the death penalty to reclusion perpetua has
been made in no less than 483 cases or 53.25% of the total number.
The Court has also rendered a judgment of acquittal in [ ] 65 cases. In
sum, the cases where the judgment of death has either been modified
or vacated consist of an astounding 71.77% of the total of death penalty
cases directly elevated before the Court on automatic review that
translates to a total of [ ] 651 out of [ ] 907 appellants saved from lethal
injection.
Id.
5. Lejano v. People, 638 SCRA 104 (2010).
6. Id. at 155-56.
7. See People v. Velasco, 340 SCRA 207 (2000). In Ve/lasco, the Court said that
"[t]he philosophy underlying this rule establishing the absolute nature of
acquittals is 'part of the paramount importance [that] criminal justice system
attaches to the protection of the innocent against wrongful conviction."' Id. at
240. See also Dinatulac v. Villon, 297 SCRA 679 (1998). The Supreme Court
said,
Prosecutors are charged with the defense of the community aggrieved
by a crime, and are expected to prosecute the public action with such
zeal and vigor as if they were the ones personally aggrieved, but at all

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2013] WRONGFUL CONVICTION & FORENSIC EVIDENCE 1157

Reported cases of wrongful convictions in the country had even been

brought to the United Nations (U.N.), 8 and at least two of which generated
significant public attention: FranciscoJuan Larrailaga v. Philippines9 and Albert
Wilson v. Philippines.'0
A case involving kidnapping and serious illegal detention with homicide
and rape of the Chiong Sisters, and once dubbed as the "trial of the
century,""T Larrahaga stemmed from a judgment of conviction affirmed in
2004 (ironically, the same year that People v. Mateo was rendered) by the
Supreme Court in People v. Larrailaga.'2 On the other hand, Wilson
originated from an acquittal from the charge of consummated rape handed
down in People v. Wilson1 3 in 1999. It is nonetheless the case of Larrahaga,
heard before the U.N. Human Rights Committee, that has sustained
interests and advocacy, which even included a documentary14 accessible to

times cautious that they refrain from improper methods designed to

secure a wrongful conviction.
Id. at 713(citing United States v. Mamintud, 6 Phil. 374, 376 (1906);
Suarez v. Platon, 69 Phil. 556, 565 (1940); People v. Esquivel, 82 Phil. 453,
459 (1948); Crespo v. Mogul, 151 SCRA 462 (1987); & Allado v. Diokno,
232 SCRA 192, 206 & 210 (1994)). See also Suarez v. Platon, et al., 69 Phil.
556 (1940). In Suarez, it was opined that
[the prosecuting officer] may prosecute with earnestness and vigor
-

indeed, he should do so. But, while he may strike hard blows, he is

not at liberty to strike foul ones. It is as much his duty to refrain from
improper methods calculated to produce a wrongful conviction as it is
to use every legitimate means to bring about a just one.
Suarez, 556 Phil. at 565.
8. REDRESS, The Failure of the Philippines to Implement Views in Individual
Communications (A Shadow Report Submitted to the io6th Session of the
United Nations Human Rights Conunittee (U.N.H.R.C.)) 5, available at
http://WWW2.ohchr.org/english/bodies/hrc/docs/ngos/RedressIPhilippi
nesHRCio6.pdf (last accessed Feb. 28, 2013).
9. U.N.H.R.C., Francisco Juan Larrailaga v. Philippines, Communication No.
1421/2005, U.N. Doc. CCPR/C/8 7 /D/ 4 21/2005 (Sep. 14, 2006).
io. U.N.H.R.C., Albert Wilson v. Philippines, Communication No. 868/1999, U.N.
Doc. CCPR/C/ 7 9/D/868/1999 (Nov. II, 2003).
ii. People v. Larrafiaga, 421 SCRA 530, 541 (2004).
12. Id.
13. People v. Wilson, 321 SCRA 409 (1999).
14. Michael Collins & Marty Syjuco, Give Up Tomorrow - Trailer 2, available at
http://pacodocu.com/ (last accessed Feb. 28, 2013).

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1158 ATENEO LAW JOURNAL [VOL. 5 7:115 5

viewers worldwide. To this date, accused Larrafiaga, who was extradited to

Spain in 2009,'s has maintained his innocence.T 6

Presently, there are two pending bills in Congress that seek to address
the problem of wrongful convictions. These are House Bill No. 2938 (An
Act Providing Compensation for Persons Wrongfully Convicted of a Crime
and for Other Purposes),' 7 authored by Representatives Rufus B. Rodriguez
and Maximo B. Rodriguez, Jr., and Senate Bill No. 2687 (An Act Creating a
Commission on Criminal Justice Reform), 8 introduced by Senator Miriam
Defensor-Santiago.'9

II. FORENSIC EVIDENCE AND WRONGFUL CONVICTION

According to the Innocence Project, an organization "dedicated to

exonerating wrongfully convicted people through deoxyribonucleic acid
(DNA) testing and reforming the criminal justice system[,]"20 wrongful
convictions may be caused by the following factors: eyewitness

15. Timi Nubla, Larrafiaga turned over to Spain, available at http://www.abs-

cbnnews. con/nation/I o/o6/o9/larrafiaga-turned-over-spain (last accessed Feb.
28, 2013). See also Maricar Bautista & Timi Nubla, No Spanish revision, DOJ
chief says on Larrafiaga jail term, available at http://rp3.abs-cbnnews.corn/nation
/ /o7/o9 /no-spanish-revision-doj-chief-says-larra%C3 %B iaga-jail-term (last
accessed Feb. 28, 2013).
16. Ria Limjap, Give Up Tomorrow: Never Give Up, available at
http://www.spot.ph/blog/52I12/never-give-up (last accessed Feb. 28, 2013).
17. An Act Providing Compensation for Persons Wrongfully Convicted of a Crime
and for Other Purposes, H.B. No. 2938, 15th Cong., ist Reg. Sess. (2010).
18. An Act Creating a Commission on Criminal Justice Reform, S.B. No. 2687,
15th Cong., ist Reg. Sess. (2010).
19. Senator Santiago was emphatic in her explanatory note:
Whenever a person convicted of a crime is found, through post-
conviction DNA testing or the discovery of other new evidence, to
have been innocent of that crime, a failure has occurred in the criminal
justice system[,] which wrongly convicted an innocent person and
allowed the real perpetrator to remain undetected.
Id. at explan. n.
20. See Innocence Project, About the organization, available at
http://www.innocenceproject.org/Content/What is the InnocenceProject
Howdidit_getstarted.php (last accessed Feb. 28, 2013) [hereinafter About the
Innocence Project]. This was the basis of Senate Bill No. 2687. See S.B. No.
2687, explan. n. See also Oxford Dictionaries, DNA, available at
http://oxforddictionaries.com/definition/ english/DNA (last accessed Feb. 28,
2013). DNA or deoxyribonucleic acid is defined as a "self-replicating material
which is present in nearly all living organisms as the main constituent of
chromosomes. It is the carrier of genetic information." Id.

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2013] WRONGFUL CONVICTION & FORENSIC EVIDENCE 1159

misidentification, unvalidated or improper forensics, false confessions or

admissions, forensic science misconduct, government misconduct,
informants, and bad lawyering.21 The organization however acknowledges
the significance of DNA results, particularly those relating to post-conviction
DNA testing, in securing exonerations of wrongfully convicted people.22

Forensic evidence "includes such clues as fingerprints, blood and blood

stains, drug and alcohol, hairs and fibers, and firearms and toolmarks."23 In a
courtroom set-up, it however usually consists of laboratory analysis or
reports (e.g., ballistic, blood spatter analysis, serology, dactyloscopy, DNA,
gait analysis reports, etc.) coupled by an expert witness to interpret and
explain results before a judge. 2 4 This actually distinguishes it from other
physical evidence or other objects recovered from the crime scene, 25 which
need not be subjected to tests to determine exactly what their value is.

The importance of forensic evidence in establishing proof beyond

reasonable doubt was emphasized in the consolidated cases of Lejano and
Webb, where two justices of the Supreme Court strongly expressed their
opinion on the absence of the results of the DNA analysis and the failure of
the prosecution to produce the semen specimen.

Justice Conchita Carpio-Morales asserted that the results could have

dissipated "nagging doubts" on the culpability of the accused.2 6 Now Chief
Justice Maria Lourdes P.A. Sereno was even more emphatic when she
observed that "there was little objective forensic evidence obtained from the
crime scene." 2 7 She also questioned the seeming indifference to DNA
results, stressed its importance, and affirmed the right of the accused to access
such evidence, thus:
Meanwhile, the idea that a negative DNA test result would not have
necessarily exculpated Webb, because previous sexual congress by Cartnela
with another rnan prior to the crime could not be discounted, would
unrealistically raise the bar of evidence - and for the wrong party, [i.e.,]
for the part of the defense, instead of for the prosecution. If a negative
DNA test result could not be considered as providing certainty that Webb

21. Innocence Project, The Causes of Wrongful Conviction, available at

http://www.innocenceproject.org/understand/ (last accessed Feb. 2013).
28,
22. See Innocence Project, Access to Post-Conviction DNA Testing, available at
http://www.innocenceproject.org/Content/AccessToPostConvictionDNA
Testing.php (last accessed Feb. 28, 2013).
23. Joseph L. Peterson, Use of Forensic Evidence by the Police and Courts, Research in
Brief NAT'L. INST. OF JUSTICE, Oct. 1987, at 2.
24. Id. at i.
25. Id. at 2.

26. Lejano, 638 SCRA at 189 (2010) (J. Carpio-Morales, concurring opinion).
27. Lejano, 638 SCRA at 293 (2010) J. Sereno, separate concurring opinion).

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1160o ATENEO LAW JOURNAL [VOL. 5 7:115 5

did not conrnit the crime, would it not have at least cast a reasonable
doubt that he conrnitted it?
Moreover, the argument against the relevance of the semen sample - that
the presence of semen was not necessary to prove that rape was committed
- is not in point. What the defense was after[,] when it sought DNA
testing[,] was neither to prove nor to disprove the commission of rape, but
to pinpoint the identity of the assailant. In this case, semen with
spermatozoa was in fact obtained, and it did possess exculpatory potential
that might be beneficial to the accused. In Tifing v. Court of Appeals, [it was]
held that 'courts should apply the results of science when competently
obtained in aid of situations presented, since to reject said result is to deny
progress.' Hence, it is the constitutional duty of the trial judge to afford all
possible means to both the NBI and the counsel for accused, in order that
such evidence may be scrutinized in open court.2 8

Forensic evidence is also physical evidence29 that is important in proving

the commission of crime, reconstructing the crime scene, providing links,
identifying perpetrators, and testing the truth of a matter asserted by a
witness. 30 Courts have therefore relied on it, and it has been observed that
juries, in criminal cases, have already expected that some piece of it will be
presented to them during trial.3 This kind of evidence, when collected
properly and interpreted correctly, catalyzes what may seem to be
independent circumstances to recreate a reliable depiction of how a criminal
activity was carried out. 3 2 As it may not be changed by opinion or
perspective, it can provide a strong foundation - one that may even be
universally acceptable, for a conclusion upon which the life and liberty of a
person may have to actually rest.

The opinions are so far two of the most potent ones that appreciate the
use and implications of forensic evidence in criminal trials. Nevertheless,
their effects as to how they will impact the conduct of judges in resolving
criminal cases before them have yet to be seen. They do, however, provide
authorities that can support demands for the eventual and more aggressive

28. Id. at 308-09 (citing Tijing v. Court of Appeals, 354 SCRA 17, 26 (2001)).

29. PETER P. NG & PHILIPP U. Po, FORENSIC SCIENCE 25 (2007). See also Oregon
State Police Forensic Services Division, Physical Evidence Manual intro.,
available at http://www.oregon.gov/osp/FORENSICS/docs/physevidence
rnanual.pdf (last accessed Feb. 28, 2013).

30. See National Institute ofJustice, Forensic Sciences: Type of Evidence, available
at http://www.nij.gov/nij/topics/forensics/evidence/welconie.htn (last
accessed Feb. 28, 2013).

31. NG & PO, supra note 3 1, at 26-28. See also Donald E. Shelton, et. al., A Study of
Juror Expectations and Demands Concerning Scientific Evidence: Does the "CSI Effect"
exist?, 9 VAND. J. ENT. & TECH. L. 331, 357 (2006).

32. Peterson, supra note 25, at 2.

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2013] WRONGFUL CONVICTION & FORENSIC EVIDENCE ii61

use and application of forensic evidence. In the meantime, traditional

doctrines on physical evidence, although rendered unstable by case law
acknowledging the adequacy of testimonial evidence in clinching
conviction, may serve the purpose.

III. FORENSIC EVIDENCE AS PHYSICAL EVIDENCE

There are facts that may be argued differently. As a result of which, a

mistaken conclusion may be reached. However, the use of forensic evidence,
at the very least, minimizes such occasions and brings certainty to criminal
proceedings. 33 For example, it may clarify or prevent further controversy
arising from conflicting observations or interpretations of other physical
evidence.34

Nevertheless, presentation of physical evidence is only required in cases

where testimonial evidence is inherently weak and no other physical
evidence was offered by the prosecution to prove the crime charged. 35 In
other words, failure to present it does not automatically mean that the
prosecution will be deemed not to have satisfied its burden of proof. In fact,
in Suerte-Felipe v. People,36 the Supreme Court held:
At the outset, [it] must [be] stress[ed] that while physical evidence ranks
very high in [the] hierarchy of trustworthy evidence and can be relied upon
principally to ascertain the truth, presentation thereof is not absolutely
indispensable to sustain a conviction. Petitioner's stance[,] that the
insufficiency of physical evidence inevitably leads to acquittal[,] is flawed, as
[the Supreme Court has], on several occasions, sustained convictions based
on purely testimonial evidence. In the same manner, guilt beyond
reasonable doubt may be produced by the amalgamation of certain physical

33. See LEo 0. OLARTE, LEGAL MEDICINE (VOLUME II) 80-84 (2006).
34. See People v. Visperas, Jr., 395 SCRA 128 (2003). In this case, the accused and
the trial court had diverging interpretations of the physical evidence. The
Supreme Court said,
The theories of appellant and the court a quo may not be clear as to
some of the circumstances surrounding the killing. [It is] certain,
however, that the victim had been shot on the head, and that appellant
was positively identified as the culprit who had fired the fatal shot at
close range. These facts remain steadfast and are not by any means
diminished by the differing theories discussed.
Id. at 141.

35. People v. Caraang, 418 SCRA 321, 354-57 (2003).

36. Suerte-Felipe v. People, 547 SCRA 462 (2008).

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1162 ATENEO LAW JOURNAL [VOL. 57:1155

and testimonial evidence which, when taken separately, would have been
insufficient to sustain a conviction. 37

This pronouncement is quite odd and confusing. To ascertain the

truthfulness of testimonial evidence, the only benchmark is its conformity to
the trier's knowledge, observation, and experience,-3 which in itself is
subjective. Note, however, that the general rule is still that there is no test of
truth for human testimony. 39 In fact, our law even requires that the
testimony of a victim must find support in physical evidence.40 The Supreme
Court even ruled that the testimony of the complainant in a case of rape
committed through force must be corroborated by physical evidence
showing use of force.4'

Despite Suerte-Felipe, however, physical evidence is still regarded as the

most trustworthy of all evidence and will prevail in case it conflicts with
testimonial evidence,4 2 even when it comes from 100 witnesses.4 3 In the
realm of evidence, it occupies a distinct position. Thus, in Jose v. Court of
Appeals,44 the Supreme Court chose to rely more on photographs than on
the testimony of a witness:
The trial court was justified in relying on the photographs rather than on
Rommel Abraham's testimony which was obviously biased and
unsupported by any other evidence. Physical evidence is a mute but an
eloquent manifestation of truth, and it ranks high in our hierarchy of
trustworthy evidence. In criminal cases such as murder or rape[,] where the
accused stands to lose his liberty if found guilty, [the] Court has, in many
occasions, relied principally upon physical evidence in ascertaining the
4
truth. S

In People v. Carillo,46 even in the presence of direct evidence consisting

of eyewitness accounts as to who inflicted injuries on whom, the Supreme

37. Id. at 469.

38. People v. Atadero, 387 SCRA 179, 193-94 (2002).
39. Id.
40. People v. Ombreso, 372 SCRA 675, 711 (2001) (Per curiam, dissenting opinion).
8
41. People v. Ganduma, 16o SCRA 799, 05 (1988).
42. Senoja v. People, 440 SCRA 695, 709 (2004); People v. Asuncion, 364 SCRA
703, 715 (2001); People v. Roche, 330 SCRA 91, 109 (2000); & People v.
Vasquez, 280 SCRA 16o, 175 (1997).
43. Tangan v. Court of Appeals, 373 SCRA 119, 123 (2002) & People v. Jervoso,
124 SCRA 765, 770 (1983).

44. Jose v. Court of Appeals, 322 SCRA 25 (2000).

45. Id. at 31.

46. People v. Carillo, 333 SCRA 338 (2000).

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2013] WRONGFUL CONVICTION & FORENSIC EVIDENCE 1163

Court sided on physical evidence and disregarded the testimonies of defense

witnesses, thus:
[T]he defense presented no less than five alleged eyewitnesses to the
stabbing, including accused-appellant himself, who claimed that only
Eduardo Candare inflicted wounds on the victim.
Witnesses, however, are weighed and not counted by numbers. In this
case, the testimonies of the witnesses for the defense appear contrary to the
physical evidence. As shown by the medical examination, the two stab
wounds sustained by the victim ... were caused by two different weapons,
one probably an ice pick and the other a hunting knife.

Mute but eloquent testimony to the manifestation of truth, physical

evidence ranks high in the hierarchy of evidence. 47

Notwithstanding the recognized value of forensic evidence (as physical

evidence), cases are still decided on the basis of other physical evidence
which may not even have gone through forensic examination. Note,
however, that this is actually not the norm. Commonly still, convictions are
secured only with the use of testimonies of who a judge will consider
credible witnesses. The Supreme Court has even declared that the testimony
of one, for as long as positive and credible, is already sufficient to support a
conviction,4 8 and especially so when it "bears the earmarks of truth and
sincerity."49 This is true even though there is "no test of the truth of human
testimony."so

IV. FORENSIC EVIDENCE IN JUDICIAL DECISION-MAKING

For well-funded defense cases, the practice may not be much of a problem as
contrary physical evidence to prove the falsity of a witness' testimony, which
may be financially difficult to secure, may nevertheless be obtained. This
does not mean of course that this happens all the time. For instance, in high-
profile cases generating significant media hype and thus receiving wide
public attention, testimonies of witnesses are almost always readily accepted
without due regard to what physical evidence actually suggests. This may be
in large part caused by the consideration accorded by case law to testimonial
evidence.

However, for those whose resources are already drained or those who
do not even have any to begin with, they will have no other choice but to
turn to the courts for succor. If they are not even aware that there is a way

47. Id. at 346-47 & 349.

48. People v. Mamarion, 412 SCRA 438, 459 (2003).
49. People v. Bulan, 459 SCRA 550, 563 (2005).
50. Atadero, 387 SCRA at 193.

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1164 ATENEO LAW JOURNAL [VOL. 5 7:115 5

by which their innocence may be shielded from fabricated or false evidence,

their problem worsens.

Ideally, it is at this point that judges should come in and perform their
roles as vanguards of justice and remember that, if they can direct the
prosecution to present additional evidence to establish probable cause for the
issuance of a warrant of arrest,51 then there is certainly more reason why they
should so direct the same thing if they find that the evidence submitted,
considering established evidentiary rules and developments in forensic
science, may not be sufficient to justify facts, which may have already been
established by other forms of evidence such as testimonies. They must
understand that an accused, at the commencement of trial, immediately finds
himself in a disadvantaged position.5 2 It has been observed that
in a criminal prosecution, the State is arrayed against the subject; it enters
the contest with a prior inculpatory finding in its hands; with unlimited
means of command; with counsel usually of authority and capacity, who
are regarded as public officers, and therefore as speaking semi-judicially,
and with an attitude of tranquil majesty often in striking contrast to that of
defendant engaged in a perturbed and distracting struggle for liberty if not
for life. These inequalities of position, the law strives to meet by the rule
that there is to be no conviction when there is a reasonable doubt of
3
guilt.S
While authorities recognize that this is the reason why proof beyond
reasonable doubt is required to secure conviction of an accused,5 4 it must not
be forgotten that such quantum of proof will only remain a mere legal
construct void of any practical meaning if not enforced. Judges must
operationalize this, and not just in the way that they were accustomed to. As
there is no exact test that such proof already does exist and must depend
upon moral certainty,s5 which not to mention, is a very subjective term, the
manner by which it is established must necessarily have to change, not only
on a case to case basis, but also as time passes by and technology for criminal
investigation and detection develops.

While judges in the past, who did not have access to the technology
available presently and who may have decided criminal cases without any aid
from forensic evidence, may be excused, those tasked to administer justice
now simply have no reason to be nonchalant and not to be vigilant in
securing the best evidence obtainable just so they can be "more" morally

5i. Tolentino v. Malanyaon, 337 SCRA 162, 167 (2000).

52. See People v. Berroya, 283 SCRA iI1 (1997).

53. Berroya, 283 SCRA at 122 (citing RICARDO J. FRANCISCO, EVIDENCE 576 (3d
ed.)).
54. Id.
55. Id.

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2013] WRONGFUL CONVICTION & FORENSIC EVIDENCE 1165

certain about their decision to acquit or convict. It is only through this that
proof beyond reasonable doubt will not be diluted and the confidence in the
criminal justice system will be preserved. Thus, it has been observed:
Moreover, use of the reasonable doubt standard is indispensable to
command the respect and confidence of the commumity in applications of
the criminal law. It is critical that the moral force of the criminal law not be
diluted by a standard of proof that leaves people in doubt whether innocent
men are being condemned. It is also important in our free society that
every individual going about his ordinary affairs have confidence that his
government cannot adjudge him guilty of a criminal offense without
convincing a proper factfinder of his guilt with utmost certainty.s 6

Judges must realize the potential impact of forensic evidence especially in

terms of preventing wrongful conviction. If a judge must indeed remain an
impartial trier of fact, he must, first and foremost, have access to materials
that can actually lead him to the truth.5 7 His goal must be accuracy and he
should not be compromising, as it is no less than the life and liberty of an
accused (and those of his family members) that is at stake. Physical evidence,
under which forensic evidence falls, is an unbiased body of evidence.5 8 Paul
Leland Kirk described it, thus:
Wherever he steps, whatever he touches, whatever he leaves even
unconsciously, will serve as silent evidence against him. Not only his
fingerprints or his footprints, but his hair, the fibers from his clothes, the
glass he breaks, the tool mark he leaves, the paint he scratches, the blood or
semen he deposits or collects - all these and more bear mute witness
against him. This is evidence that does not forget. It is not confused by the
excitement of the moment. It is not absent because human witnesses are. It
is factual evidence. Physical evidence cannot be wrong; it cannot perjure
itself; it cannot be wholly absent. Only interpretation can err. Only human
failure to find it, study and understand it, can diminish its value. 59

Understanding the urgency and the burden that the judge has on his
shoulders, he must search for the best possible evidence obtainable, and this

56. People v. Garcia, 215 SCRA 349, 3 59-60 (1992) (citing In the Matter of Samuel
Winship, 397 U.S. 358 (1970)).

57. See Science and Technology in Judicial Decision: Making Creating

Opportunities and Meeting Challenges (A Report of the Carnegie Commission
on Science, Technology, and Government) 23, available at http://www.ccstg.
org/pdfs/JudicialDecisionMakingo393.pdf (last accessed Feb. 28, 2013).
58. See National Forensic Science Technology Center, Types of Evidence, available
at http://www.nfstc.org/pdi/Subjectoi/pdisoimriioioi.htm (last accessed
Feb. 28, 2013).
59. UNITED NATIONS OFFICE ON DRUGS AND CRIME, CRIME SCENE AND
PHYSICAL EVIDENCE AWARENESS FOR NON-FORENSIC PERSONNEL intro.
(2009) (citing PAUL L. KIRK, CRIME INVESTIGATION: PHYSICAL EVIDENCE
AND THE POLICE LABORATORY (1953)).

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is where forensic evidence comes in. The judge must internalize this as
technology has already evolved to the extent that it now allows several
methods 6 o by which evidence may be examined, which are not even known
or accessible years ago. The results that may be obtained are promising as
they facilitate fact-finding with at least a considerable degree of accuracy,
which for the longest time had only remained an aspiration. With this, and
as he is also aware that the prosecution has all the backing of the government
and police investigators to run after offenders, the judge must, at the very
least, frown upon any failure to submit pertinent and sufficient forensic
evidence, either voluntarily or as directed, or form reasonable doubts to the
evidence presented.

The effect of forensic evidence in criminal litigation was a subject of a

study conducted by the National Criminal Justice Reference Service of the
Unites States Department of Justice. 6 ' It was observed that juries treated
scientific evidence as "trustworthy, not subject to human emotion and
distortion," 6 2 and resultantly, prosecutors felt the need to produce such kind
of evidence and to explain whenever they could not offer any. 6 3 It was also
found out that
[w]hile the presence of forensic evidence tends to help yield a conviction
primarily when cases are otherwise weak (e.g., no incriminating
statements), the absence of such evidence leads to lower conviction rates.
Prosecutors in our hypothetical case reviews believe it is principally the
absence of forensic evidence - usually in combination with the absence of
confession or other strong evidence - which pushes cases toward dismissal
or acquittal. In rape cases, the lack of a laboratory report leads to
significantly lower conviction rates when defendants have offered alibis. 6 4

Acknowledging the potential of scientific (forensic) evidence,

prosecutors were also recommended to use it as its impact on criminal justice
6
process was noted to be "limited by the extent to which it [was] used." 5

6o. See Erie County Central Police Services Forensic Laboratory, Methods Used for
Examination of Evidence, available at http://www2.erie.gov/cps/sites/
www2.erie.gov.cps/files/uploads/pdfs/Methods%/o2oUsed%/o2ofor%/o2oExaminatio
n%200fo2oEvidence.pdf (last accessed Feb. 28, 2013).
61. See Joseph Peterson, et al., The Role and Impact of Forensic Evidence in the
Criminal Justice Process (A Research Report Submitted to the United States
Department of Justice), available at https://www.ncjrs.gov/pdffilesi/nij/
grants/23 1977.pdf (last accessed Feb. 28, 2013).
62. Peterson, supra note 25, at 3.
63. Id.
64. Id. at 4. Note that while the year that the research was conducted was before
1987, the same findings may still be applicable to the Philippines, where the use
of forensic evidence in court has not evolved that much.
65. Id. at 5.

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V. FORENSIC EVIDENCE AND INFERENCE NETWORKS

To convict an accused, his guilt must be established by proof beyond

reasonable doubt. This refers to "that degree of proof which produces
conviction in an unprejudiced mind." 66 It does not require absolute certainty
of guilt but "[o]nly moral certainty as to the presence of the elements
constituting the offense, as well as to the identity of the offender[.]" 6 7 Note
that this certainty does not even "exclude the possibility of error." 6 ' It is that
which "convinces and satisfies the reason and conscience of those who are to
act upon a given matter." 69

For a judge to conclude and be morally certain that proof beyond

reasonable doubt exists, he must act upon a given matter, which of course
consists in evidence to be submitted by both the prosecution and the
defense, unrebutted presumptions and facts which may be taken judicial
notice of. For certain, there is an intellectual process that at least an impartial
judge must go through to arrive at a conclusion.

Judges may differ in the techniques employed, but the safest assumption,
of course, is that there must still be some sort of an exercise where they
consider each piece of evidence, relate one to the other, analyze facts which
may be inferred from them and the soundness of the relationship, until they
are finally convinced that the evidence establishes only one thing and no
other. This is best described in what David A. Schum referred to as
"inference networks."7o According to him,

[o]ne feature shared by all inference networks known to me is that there

are no 'uniquely correct' forms these networks can take. Different persons
may be able to construct quite different networks from the same evidence
or for the same processes. All inference networks involve chains of
reasoning having various numbers of links and various linkage patterns. I
know of no inference network that can be regarded as 'final' or 'uniquely
correct.' Someone can always either find a missing link or identify a linkage
pattern not discerned by the person originally constructing the network. 7
'

Arguments can be sourced from a mass of evidence. However, as Schum

explained, they cannot be exactly considered as "final" or "uniquely

66. Alejo v. People, 550 SCRA 326, 346 (2008).

67. People v. Casinillo, 213 SCRA 777, 788 (1992).

68. Mendoza v. People, 356 SCRA 525, 537 (2001) (citing People v. Esquila, 254
SCRA 140, 147 (1996)).
69. Formilleza v. Sandiganbayan, 159 SCRA i, iI (1988).

70. David A. Schum, Alternative Views of Argument Construction from a Mass o

Evidence, 22 CARDOZO L. REV. 1461, 1461 (2001).
71. Id. at 1463.

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correct,"72 as others coming from another vantage point may have a different
interpretation, which often results in confusion.73 He also identified what he
considered an "important technology gap"74 arising from the problem of
drawing conclusions from masses of evidence.75 Aptly, he observed, "We are
still far better at gathering, transmitting, storing[,] and retrieving information
than we are at drawing defensible conclusions from this information."7 6

This is true. For example, a witness may testify that he saw the accused
coming out of the room where a woman was stabbed to death. There was
blood on his hands. The police investigators thereafter presented
photographs of the crime scene showing the room in disarray, the woman
sprawled on the floor with the knife still stabbed in her nape, blood marks
and stains on the wall and beddings. Another witness said that he found no
other person within the immediate vicinity, and he saw the accused roaming
around the area for around two hours before the killing was discovered.
Two more testified that he harbored ill will against the victim as the latter
humiliated him in public.
An inference that the accused killed the victim would seem sound, as he
had access to, went inside the room, and was seen having blood on his
hands. However, another inference is also likely. He wanted to confront the
victim and was thinking about it while walking within the area for two
hours. When he finally decided to talk to her, he discovered the crime, went
in to touch and check the body of the victim, and decided to leave.

Normally, the judge will consider which of the two versions is

consistent with human nature and experience and will, of course, choose the
theory which is more expected and logical. Nevertheless, the fact that a
course of action may seem odd should never be considered enough to brand
a story as untrue, because the account of the accused may be just as true.

Forensic evidence has the potential to fill in the gap created by these two
interpretations or missing links between other physical or testimonial
evidence. Had reports on post-mortem lividity, rigor mortis, blood spatter
analysis, dactyloscopy, DNA results, or other forensic examination been
presented, the judge may not even be forced to choose which of the two
versions he must adopt. He can rely on the scientific evidence before him,
which can afford him to reconstruct the crime scene and make conclusions
of his own which are not dependent on experience, which in itself is very
relative. The same may also be said for criminal cases where direct

72. Id.
73. Id. at 1462.

74. Id. at 1461.

75. Id.
76. Schum, supra note 73, at 1461.

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evidence77 is available. Forensic evidence is very important in providing

details needed to establish mitigating, aggravating, justifying, and qualifying
circumstances.?7 The specific information that may be derived from this kind
of evidence may determine whether an accused may be entitled to bail or
not, especially in instances where there is dispute as to whether he
committed murder or homicide.79

However, apparently, this is not so much the case in the Philippines

where presentation of physical evidence (and thus forensic evidence) is not
required. The 2004 statistics8 o provided by the Supreme Court should
therefore come as no surprise. This is actually problematic. Settled case law
does not even demand that judges look farther than testimonial evidence
whenever they perceive that this is enough. 8 ' They are not duty bound to
search for ties that will hold the pieces of evidence together. This is
dangerous as the inference networks may lack depth insofar as the quality of
evidence adduced and considered. Worse, the consequences of this
inadequacy affect real lives, people who may have absolutely known nothing
about the charge, but are nevertheless sent to prison.

VI. FORENSIC EVIDENCE AND OUR CRIMINAL JUSTICE SYSTEM

Every one charged with a criminal offense shall have the right to be
presumed innocent until proved guilty according to law.8 2 In our
jurisdiction, the law requires that all reasonable intendment must be made to
support such presumption,8 3 which is even treated as a conclusion of law.8 4
For this reason, courts are required to "put prosecution evidence under

77. This is on the assumption, of course, that the evidence of an act is clear and
cannot be interpreted any other way.
78. See generally Peterson, et al., supra note 63, at 3-7.
79. See PHIL. CONST. art. III, § 13. See also An Act Revising the Penal Code and
Other Penal Laws [REVISED PENAL CODE], Act No. 3815, arts. 248 & 249
(1932).
8o. Mateo, 433 SCRA at 656-57.
81. See Suerte-Felipe, 547 SCRA at 469.
82. See PHIL. CONST. art. III, § 14 (2) & International Covenant on Civil and
Political Rights art. 14 (2), openedJor signature Dec. 16, 1966, 999 U.N.T.S. 171.
83. See People v. Lagramada, 388 SCRA 173, 193 (2002); People v. Villaflores, 371
SCRA 429, 437 (2001); People v. Sahagun, 182 SCRA 91, 94 (1990); & People
v. Castelo, 133 SCRA 667, 684 (1984). Compare People v. Court of Appeals,
626 SCRA 352, 370 (2010) (discussing the "equipoise rule"), with De Guzman
v. Sandiganbayan, 231 SCRA 627, 632 (1994) (asserting that the presumption of
innocence, being only a presumption that may yield to contrary evidence of
guilt, should not be stretched beyond its reasonable intendment).
84. People v. Clores, 125 SCRA 67, 75 (1983).

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1170 ATENEO LAW JOURNAL [VOL. 5 7:115 5

severe testing,"8 5 and "to take 'a more than casual consideration' of every
circumstance or doubt favoring the innocence of the accused." 8 6

The Supreme Court, considering the effect of conviction upon an

accused and the implication of the inadequacy of the details in the
prosecution's evidence, held in People v. Baro:8 7
In order to convict the accused of a crime, the prosecution must produce
evidence showing guilt beyond reasonable doubt. A person charged with a
serious crime stands to lose not only reputation, but also liberty and maybe
even life. Because of the gravity of the charge and the great loss involved in
the present case, the prosecution should not have rested easy on haphazard
facts and hastily thrown-in principles, forgetting in the process their duty of
overcoming the presumption of innocence of the accused in a criminal
action.

The prosecution should take an active and direct part in the trial of the
case, since it has the onus probandi of showing the guilt of the accused. Even
if it is, perhaps, the inadequacy of details in the prosecution's evidence
rather than the actual facts themselves that makes it difficult for [the] Court
to arrive at definite conclusions, still [responsibility cannot be pinned] on
appellant. The moral conviction that may serve as basis for a finding of guilt
in a criminal case should be that which is the logical and inevitable result of
the evidence on record, exclusive of any other consideration. Short of this
minimum requirement, it is not only the right of the accused to be freed; it
is, even more, [the] Court's constitutional duty to acquit them. Only then
88
may there be fealty to the constitutional presumption of innocence.

To overcome the presumption, the prosecution must establish the guilt

of an accused beyond reasonable doubt9 which presents an even more
exacting test. It calls for moral certainty, which has been defined as a
"certainty that convinces and satisfies the reason and conscience of those
who are to act upon it."9o It has even been once said that "[e]very vestige of
doubt having a rational basis must be removed" if only to accord full respect
to said constitutional right.91 Every hypothesis except guilt must be
excluded. 92 This is the function of forensic evidence.

85. People v. Dilamanta, 440 SCRA 55, 65 (2004).

86. Id. (citing People v. Ratunil, 334 SCRA 721, 737 (2000)).

87. People v. Baro, 383 SCRA 75 (2002).

88. Id. at 91 (citing United States v. Navarro, 3 Phil. 143 (1904); People v. Barrera
de Reyes, 82 Phil. 130 (1948); & People v. Nazareno, 8o SCRA 484 (1977)).
89. People v. Asis, 391 SCRA ro8, 112 (2002).
90. People v. Dagdagan, 220 SCRA 308, 312 (1993) & People v. De la Cruz, 200
SCRA 379, 389 (1991).
91. People v. Joven, 64 SCRA 126, 129 (1975). See also People v. Mirantes, 209
SCRA 179, 188 (1992). In Mirantes, the Court said that "[t]he onus probandi on

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2013] WRONGFUL CONVICTION & FORENSIC EVIDENCE 1171

Unfortunately, despite the affirmed rights of an accused9 3 and the

seemingly strict directive to prosecutors to prove cases with the amount of
evidence that can satisfy the "exacting test" of proof beyond reasonable
doubt, in Philippine jurisdiction, save for the Rule on DNA Evidence94 and
the general provisions of the Rules of Court on documentary and object
evidence,95 no rule or case law, as would prop up the case for its use in
criminal litigation, specifically deals with forensic evidence.96

As explained earlier, it is not even required. For as long as the corpus

delicti is proved by "credible" testimonial evidence (even of one witness),
conviction may still be had.97 This kind of legal treatment accorded to
forensic evidence may be indicative of either lack of its use in criminal
prosecution or just plain indifference towards it. In fact, the Philippine
National Police (PNP) adopted the findings of the European Union-
Philippines Justice Support Program (EPJUST) as to the status of forensic
examinations in the country:
(2) This pertains to the pieces of evidence collected by the SOCO Team
that are subjected to forensic examination. The European Union (EU)
experts thru the EPJUST program observed that not all available and
applicable forensic examinations are being performed on the pieces of
evidence collected at the crime scene. Consequently, when the need
for another forensic examination arises, the same can no longer be
made since such evidence is no longer available or was already
contaminated> 8

In another Memorandum, the PNP also affirmed the finding of the

EPJUST insofar as digital forensic examination:

the prosecution is not discharged by casting doubts upon the innocence of an

accused, but by eliminating all reasonable doubts as to his guilt." Id.
92. Lagramada, 388 SCRA at 193.
93. See 2000 REVISED RULES OF CRIMINAL PROCEDURE, rule II.
94. RULE ON DNA EVIDENCE, A.M. No. o6-i i-5-SC, Oct. 2, 2007.
95. REVISED RULES ON EVIDENCE, rule 130.
96. New South Wales has a law entitled "Crimes (Forensic Procedures) Act 2000."
Crimes (Forensic Procedures) Act 2000 (N.S.W.) (Austl.).
97. Mamarion, 412 SCRA at 459.
98. Philippine National Police Directorate for Investigation and Detective
Management, Mandatory Conduct of All Applicable and Available Forensic
Examination on the Collected Evidence by SOCO Team in All Cases Handled
by Special Investigation Task Group (SITG) (May 22, 2012), available at http:
//didm.pnp.gov.ph/Memoranda/USIG/Mandatory% o20Conduct%0 200f o2oall`
2oApplicable%2oand%2oAvailable%2oForensic%2oExamination%200n%2othe%
20Collected%2oEvidence%20by%20SOCO%2oTeam%2Oin%20All%2oCaseS % 2
oHandled%2oby%20SITG%2odtd%2oMay%2022,%202012.pdf (last accessed
Feb. 28, 2013).

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1172 ATENEO LAW JOURNAL [VOL. 5 7:115 5

(3) Considering that not all investigators are aware of the capability of
your Digital Forensic Laboratory to retrieve deleted messages,
documents, pictures, etc.[,] which might be used as possible leads in
the investigation of cases, this Directorate plans to issue a memo-
directive that will nake the conduct of digital forensic exarminations on
the recovered CPs, laptops[,] and other electronic digital storage
devices mandatory [ ].99

From the above discussion, the problem is two-pronged: the use and
presentation of forensic evidence by lawyers, particularly prosecutors, and
their use by judges in their role as triers of facts. Cases are decided even
without them, albeit authorities agree that they are helpful insofar as
reconstructing the crime scene is concerned. The failure to procure and
introduce them in trial does not even have a consequence. Jurisprudence
even points to other means to prove the corpus delicti and relies on some
nebulous concepts of experience and credibility to check their efficacy.
While there is also recognition of its potential in criminal investigation and
detection, its unique place in evidence has not been firmly entrenched.o.

As a result, one can safely conclude that a person can actually be sent to
prison, even for life, if there will only be witnesses who are willing,
intelligent, decent, and bold enough to lie in a court of law and who can
withstand intensive cross-examination and even questioning from a judge.' 0

'
For as long as there is a semblance of reality in the story, then there is
enough reason for a judge to conclude that a fact does exist and is sufficient
to convict. For as long as facts derived from the mass of evidence are capable
of making up a theory that is consistent with ordinary experience, regardless
of any possible deviation in the normal course of human conduct, which
ironically characterizes a criminal act, an accused totally innocent of a crime
charged can actually be robbed of his liberty.

Thus, the incidence of wrongful convictions in the country.

99. Philippine National Police Directorate for Investigation and Detective

Management, Proposed Mandatory Conduct of Digital Forensic Examination
on the Recovered Cellular Phones, Laptops and Other Electronic Digital
Storage Devices in All Cases Handled by SITG (May 24, 2012), available at
http://didm.pnp.gov.ph/Memoranda/USIG/Mandatory%2oConduct%"200
fPo2ODigital%2OForensic%2OExamination%2Oon%2othe%2ORecovered%20
Cellular%2oPhones,%2oComputers,%2oDigital%2oStorage%2oMedia%2oan
d%2oother%2oElectronic%2oDigital%2oStorage%2oDevices%2oin%2oAll%
2OCases%2oHandled%2odtd%2oJune%2013,%202012.pdf (last accessed Feb.
28, 2013).
ioo. Note that DNA evidence is primarily helpful in identification and not in
reconstruction of crine scene.
ioi. See generally Lejano, 638 SCRA at 170-75.

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VII. FINAL NOTE

The Innocence Project listed unvalidated or improper forensics as one of the

reasons for wrongful convictions. 0 2 It must be remembered nonetheless that
this identified cause essentially refers to wrong testimonies, exaggerated
assessments, or errors in analysis, which may nevertheless be verified with a
correct evaluation or a retesting 0 3 and which, when compared to
unverifiable testimonies of witnesses whose credibility and capability for
honesty may be too difficult to check, are still more credible evidence.
While the policy thrust discussed above seems to be towards preventing
the occurrence of and addressing wrongful convictions, there is certainly
much to be said in the way the problem is handled by the judiciary. The
problem may be multi-faceted or even arguably cultural, so to speak, but
there is one obvious indication why the problem persists. This can be traced
to the seeming disregard of the value of forensic evidence in shedding light
to factual controversies, the resolution of which may be determinative of
whether a conviction or acquittal is justified or not.
In one case that the author had the opportunity to participate in, the
judge was confronted with a medico-legal finding on the time since death
which was based on recovered undigested food particles from the stomach of
the victims. The medico-legal expert testified that digestion normally takes
about four hours and the fact that he was able to still retrieve food from the
corpses means that they could have been killed within four hours after they
were last seen to have taken their meals. For this reason, he concluded the
time frame within which the crime was committed which coincided with
the time when the accused was present in the scene. The defense
nevertheless presented a foremost authority in forensic pathology who
testified and presented recent literature explaining that the determination of
time since death based on digestion lacks scientific basis and has long been
rejected by the forensic scientific community. As expected, the judge found
himself in a dilemma. However, as he expressed his opinions and asked
clarificatory questions, the problem seemed to be not so much with how he
would treat the two different facts to prove one important issue before him,
but with having found himself in perhaps a moral predicament of having
decided similar criminal cases in the past on the basis of a method that had
already been considered obsolete and unreliable.
In a larger context, the case also shows that in terms of forensic
evidence, which our system has not even widely used and patronized or
much less started to develop, our use of it, if cannot be considered
backwards, has stagnated by relying on antiquated principles. This is quite

102. About the Innocence Project, supra note 22.

103. See Brandon L. Garrett & Peter J. Neufeld, Invalid Forensic Science Testimony and
Wrongful Convictions, 95 VA. L. REV. I, 79 (2009).

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1174 ATENEO LAW JOURNAL [VOL. 5 7115 5

unfortunate because first, while there may be an impression of use of forensic

evidence in the country, it is nevertheless unscientific and thus incorrect, and
second, it only shows that our system has not progressed and findings of guilt
or innocence may have been made improvidently - and not to mention,
unjustly. This has been going on for a long time and the sad part is,
authorities are either not aware of it or are just plain indifferent. For certain,
however, there are instances - and they are not few, that people hailed to
courts to answer a charge are wrongly detained and eventually convicted.
Over-patronizing forensic evidence is not advocated. The suggestion is
only made in view of a perceived problem - an acknowledged status as
early as 2004 - T04 that has been affecting lives and depriving the innocent
of their liberties, and that has been allowed to persist just because the system
has some principles that have been long institutionalized and has not openly
welcomed or begun absorbing new techniques and realities to curb the
occurrence of wrongful conviction. Incidentally, in capital cases, the
prospect of provisional liberty may not be considered enough to curb this
problem or to address the consequences arising from this lack. It is not even
a promising consolation as there are instances where bail proceedings may
even take years before a petition is finally resolved. The pendency of a
criminal case furthermore already has an effect on the psychological well-
being not only of an accused, but also of his family. Social stigma also
attaches to them.
Forensic evidence has the capacity to minimize such occurrences. 0 s If it
will be further considered that the justice system has already ingrained and
welcomed authorities and springboards for much needed reforms in judicial
decision-making, the case for the use of forensic evidence is even more
fortified. In reality, it is only a matter of using it and allowing this aspect of
the system of evidence to start evolving into something more reliable, solid
and fundamentally potent - one that rightfully, and not wrongfully,
convicts.

104. Matco, 433 SCRA at 657.

1o5. See generally Lejano, 638 SCRA at 189 (2010) (. Carpio-Morales, concurring
opinion) & Lejano, 638 SCRA at 293 (2010) (J. Sereno, separate concurring
opinion).

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