A.M. No. 06-11-5-SC - RULE ON DNA EVIDENCE
EN BANC
[A.M. NO. 06-11-5-SC : October 2, 2007]
RULE ON DNA EVIDENCE
RESOLUTION
Acting on the recommendation of the Chairperson and Members of the Subcommittee on Evidence submitting for the Court's consideration and approval the proposed Rule on DNA Evidence, the Court Resolved to APPROVE the same.
This Resolution shall take effect on October 15, 2007 following its publication in a newspaper of general circulation.
October 2, 2007.
RULE ON DNA EVIDENCE
SECTION 1. Scope. - This Rule shall apply whenever DNA evidence, as defined in Section 3 hereof, is offered, used, or proposed to be offered or used as evidence in all criminal and civil actions as well as special proceedings.
Sec. 2. Application of other Rules on Evidence. - In all matters not specifically covered by this Rule, the Rules of Court and other pertinent provisions of law on evidence shall apply.
Sec. 3. Definition of Terms. - For purposes of this Rule, the following terms shall be defined as follows:
Sec. 4. Application for DNA Testing Order. - The appropriate court may, at any time, either motu proprio or on application of any person who has a legal interest in the matter in litigation, order a DNA testing. Such order shall issue after due hearing and notice to the parties upon a showing of the following:
This Rule shall not preclude a DNA testing, without need of a prior court order, at the behest of any party, including law enforcement agencies, before a suit or proceeding is commenced.
Sec. 5. DNA Testing Order. - If the court finds that the requirements in Section 4 hereof have been complied with, the court shall '
An order granting the DNA testing shall be immediately executory and shall not be appealable. Any petition for certiorari initiated therefrom shall not, in any way, stay the implementation thereof, unless a higher court issues an injunctive order. The grant of DNA testing application shall not be construed as an automatic admission into evidence of any component of the DNA evidence that may be obtained as a result thereof.
Sec. 6. Post-conviction DNA Testing. - Post-conviction DNA testing may be available, without need of prior court order, to the prosecution or any person convicted by final and executory judgment provided that (a) a biological sample exists, (b) such sample is relevant to the case, and (c) the testing would probably result in the reversal or modification of the judgment of conviction.
Sec. 7. Assessment of probative value of DNA evidence. - In assessing the probative value of the DNA evidence presented, the court shall consider the following:
The provisions of the Rules of Court concerning the appreciation of evidence shall apply suppletorily.
Sec. 8. Reliability of DNA Testing Methodology. - In evaluating whether the DNA testing methodology is reliable, the court shall consider the following:
Sec. 9. of DNA Testing Results. - In evaluating the results of DNA testing, the court shall consider the following:
Sec. 10. Post-conviction DNA Testing - Remedy if the Results Are Favorable to the Convict. - The convict or the prosecution may file a petition for a writ of habeas corpus in the court of origin if the results of the post-conviction DNA testing are favorable to the convict. In the case the court, after due hearing finds the petition to be meritorious, if shall reverse or modify the judgment of conviction and order the release of the convict, unless continued detention is justified for a lawful cause.
A similar petition may be filed either in the Court of Appeals or the Supreme Court, or with any member of said courts, which may conduct a hearing thereon or remand the petition to the court of origin and issue the appropriate orders.
Sec. 11. Confidentiality. - DNA profiles and all results or other information obtained from DNA testing shall be confidential. Except upon order of the court, a DNA profile and all results or other information obtained from DNA testing shall only be released to any of the following, under such terms and conditions as may be set forth by the court:
Whoever discloses, utilizes or publishes in any form any information concerning a DNA profile without the proper court order shall be liable for indirect contempt of the court wherein such DNA evidence was offered, presented or sought to be offered and presented.
Where the person from whom the biological sample was taken files a written verified request to the court that allowed the DNA testing for the disclosure of the DNA profile of the person and all results or other information obtained from the DNA testing, he same may be disclosed to the persons named in the written verified request.
Sec. 12. Preservation of DNA Evidence. The trial court shall preserve the DNA evidence in its totality, including all biological samples, DNA profiles and results or other genetic information obtained from DNA testing. For this purpose, the court may order the appropriate government agency to preserve the DNA evidence as follows:
The court may allow the physical destruction of a biological sample before the expiration of the periods set forth above, provided that:
Sec. 13. Applicability to Pending Cases. Except as provided in Section 6 and 10 hereof, this Rule shall apply to cases pending at the time of its effectivity.
Sec. 14. Effectivity. This Rule shall take effect on October 15, 2007, following publication in a newspaper of general circulation.