[G.R. NO. 158802 : November 17, 2004]
IN RE: THE WRIT OF HABEAS CORPUS FOR REYNALDO DE VILLA (detained at the New Bilibid Prisons, Muntinlupa City) JUNE DE VILLA, Petitioner-Relator, v. THE DIRECTOR, NEW BILIBID PRISONS, Respondent.
SEPARATE CONCURRING OPINION
CALLEJO, SR., J.:
I concur with the ponencia and the separate concurring opinion of Justice Antonio T. Carpio that the convicted felon must be allowed an opportunity to adduce DNA evidence. However, such a remedy is sui generis to give the convicted felon a chance to adduce DNA evidence until Rule 121 of the Revised Rules of Criminal Procedure is revised anew. Such a remedy is akin to a motion for a new trial in the original case on the ground of newly discovered evidence under Section 2(b), Rule 121 of the Revised Rules of Criminal Procedure, which reads:
SEC. 2. Grounds for a new trial. - The court shall grant a new trial on any of the following grounds:
(a) That errors of law or irregularities prejudicial to the substantial rights of the accused have been committed during the trial;
(b) That new and material evidence has been discovered which the accused could not with reasonable diligence have discovered and produced at the trial and which if introduced and admitted would probably change the judgment.