Post-affirmation DNA Post-affirmation DNA Test in the Philippines: Test in the Philippines:

A Case StudyA Case Study

De Ungria MCADe Ungria MCA11, Sagum MS, Sagum MS11, Te TO, Te TO22, Diokno , Diokno MSIMSI22, Diokno JMI, Diokno JMI22 and Asplen CH and Asplen CH33

11DNA Analysis LaboratoryDNA Analysis LaboratoryUniversity of the PhilippinesUniversity of the Philippines

www.dnaforensic.orgwww.dnaforensic.org

Death Penalty in the PhilippinesDeath Penalty in the Philippines

• Reimposed in 1994 (RA 7659)Reimposed in 1994 (RA 7659)• Most number of cases-Most number of cases-

--mandatorymandatory :30 :30

e.g. kidnap for ransom, rape with e.g. kidnap for ransom, rape with aggravating circumstancesaggravating circumstances

--death eligibledeath eligible :22 :22

e.g. parricide, murder, e.g. parricide, murder, kidnapping, plunderkidnapping, plunder

?? Crime scene investigationCrime scene investigation

But Sarge, it’s all he remembers!But Sarge, it’s all he remembers!

Reliance on eyewitness testimonyReliance on eyewitness testimony

Saks and Koehler Aug 2005 Science: Saks and Koehler Aug 2005 Science: Eyewitness errors = 71%Eyewitness errors = 71%

Judicial ProcessJudicial ProcessLower Court (1 Judge)Lower Court (1 Judge)

-DEATH PENALTY--DEATH PENALTY-

automatic review by the automatic review by the Supreme Court (15 Justices)Supreme Court (15 Justices)

2004:Court of Appeals2004:Court of Appeals

Errors in Judgment at LC (up to 2004)Errors in Judgment at LC (up to 2004)

AffirmedAffirmed 230230 Dismissed due to death of AccusedDismissed due to death of Accused 26 26 Sentence modified Sentence modified 555555 Case remanded to trial courtCase remanded to trial court 31 31 AcquittedAcquitted 6565

907907

error = 651 (71.7%)error = 651 (71.7%)

UP-NSRI UP-NSRI DNADNA

G CALACALG CALACAL F DELFINF DELFIN K TABBADAK TABBADA

M DALETM DALET M SAGUMM SAGUM

H PERDIGONH PERDIGON L VILLAMORL VILLAMOR J SALVADORJ SALVADOR

DNADNA• objective evidence used in objective evidence used in exonerations in the USexonerations in the US• powerful tool for human IDpowerful tool for human ID

POST-AFFIRMATION POST-AFFIRMATION DNA TESTS?DNA TESTS?

EC PROJECT: Human Rights and Democracy in EC PROJECT: Human Rights and Democracy in Asia- Research, Training and Extension Service in Asia- Research, Training and Extension Service in

Forensic DNA Analysis in the PhilippinesForensic DNA Analysis in the Philippines

1.1.Research to increase Research to increase the standards of the standards of testingtesting

2. Organize training 2. Organize training courses for analysts, courses for analysts, lawyers and judgeslawyers and judges

3. Conduct DNA tests 3. Conduct DNA tests for capital cases for capital cases after SC reviewafter SC review

Yes to interviewYes to interview

Search for biol. evidence:Search for biol. evidence:court, police, hospital, lawyerscourt, police, hospital, lawyers

STRATEGY:STRATEGY:

Yes to interviewYes to interview

Search for biol. evidence:Search for biol. evidence:court, police, hospital, lawyerscourt, police, hospital, lawyers

Investigate ways to access evidence in the Investigate ways to access evidence in the absence of judicial framework for the conduct absence of judicial framework for the conduct

of Post-Affirmation DNA testsof Post-Affirmation DNA tests

STRATEGY:STRATEGY:

2001 to 20042001 to 2004

114 inmates were interviewed114 inmates were interviewed• no biological sample = 94no biological sample = 94• biological sample = 9biological sample = 9• criminal paternity = 11criminal paternity = 11

2 cases: slides were washed 2 cases: slides were washed

6!6!

People vs. Rey de VillaPeople vs. Rey de VillaCharge: rape of 13 year old niece in 1994Charge: rape of 13 year old niece in 1994

VictimVictim::

testimonytestimony

medical medical examination: examination: pregnancypregnancy

birth of child- girlbirth of child- girl

AccusedAccused::

AlibiAlibi

Accused too Accused too old to ‘do it’ = old to ‘do it’ = 66 years old66 years old

Automatic review by SC (Feb1, 01):Automatic review by SC (Feb1, 01):• upheld convictionupheld conviction• ordered payment for child supportordered payment for child support• change DP to change DP to reclusion perpetuareclusion perpetua

Remedies sought:Remedies sought: Legal : SC denied all appeals Legal : SC denied all appeals

with finality Nov 20, 2001with finality Nov 20, 2001

UP-DNA LabUP-DNA Lab Various human rights agenciesVarious human rights agencies FamilyFamily

GrandsonGrandson Victim’s childVictim’s child

5 coded saliva samples5 coded saliva samples

DNA Paternity testsDNA Paternity tests5 children tested:5 children tested:

3 males: mismatches detected3 males: mismatches detected

2 females: mismatches detected2 females: mismatches detected16 markers- A (5); B(4)16 markers- A (5); B(4)

DEFINITIVE PATERNITY DEFINITIVE PATERNITY EXCLUSIONEXCLUSION

Petition for Petition for habeas corpushabeas corpus and Motion for and Motion for New Trial (July 11, 2003):New Trial (July 11, 2003):

‘‘DNA analysis on paternity shows DNA analysis on paternity shows conclusively that petitioner de Villa is not the conclusively that petitioner de Villa is not the

father of the child. His conviction for rape father of the child. His conviction for rape based on the fact that the child was sired as a based on the fact that the child was sired as a

result of the alleged rape cannot stand and result of the alleged rape cannot stand and must be set aside.’must be set aside.’

Supreme Court, Nov 2004Supreme Court, Nov 2004

‘‘A new trial can be allowed only if the A new trial can be allowed only if the evidence was discovered after the trial evidence was discovered after the trial even with the exercise of reasonable even with the exercise of reasonable diligence…’diligence…’

‘‘The fact of rape is a question entirely The fact of rape is a question entirely separate and distinct from the identity of separate and distinct from the identity of the child’s father…’the child’s father…’

1994 vs. 19991994 vs. 1999

RTC decisionRTC decision

Executive ClemencyExecutive Clemency Only branch of government leftOnly branch of government left

legislative: no lawlegislative: no law judicial: exhausted all appealsjudicial: exhausted all appeals

Family worked to obtain Presidential Pardon Family worked to obtain Presidential Pardon old age (77 years old)old age (77 years old)

February 24, 2005February 24, 2005: The Accused was finally : The Accused was finally released from the National Penitentiaryreleased from the National Penitentiary

March 10, 2005March 10, 2005: Rey de Villa visits the UP-DNA : Rey de Villa visits the UP-DNA LaboratoryLaboratory

Lessons learnedLessons learned Need for implementation of standard Need for implementation of standard

procedures for proper collection and procedures for proper collection and storage of physical evidence in criminal storage of physical evidence in criminal investigationsinvestigations

Rape Rape investigation investigation kitkit

Lessons learnedLessons learned Need to use Need to use

more powerful more powerful tools such as tools such as DNA evidence DNA evidence to assist in the to assist in the prompt prompt administration administration of justiceof justice

• European CommissionEuropean Commission• University of the PhilippinesUniversity of the Philippines• Philippine Jesuit Prison FoundationPhilippine Jesuit Prison Foundation• Department of Science & TechnologyDepartment of Science & Technology•Students:Students:Chrisgel Cruz, Paul Pineda, Celeste Jumadla, Neil Chrisgel Cruz, Paul Pineda, Celeste Jumadla, Neil Yabut, Abelardo Maglanque, Hector Lajara and Yabut, Abelardo Maglanque, Hector Lajara and Abraham AcostaAbraham Acosta

AcknowledgementsAcknowledgements