RULE ON DNA EVIDENCE:
Rule on DNA evidence is applicable on what cases?
 In all matters not specifically covered by this Rule, the Rules of Court and other
pertinent provisions of law on evidence shall apply.
When is DNA testing proper or requisites for a 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:
a. A biological sample exists that is relevant to the case;
b. The biological sample: (i) was not previously subjected to the type of DNA testing
now requested; or (ii) was previously subjected to DNA testing, but the results
may require confirmation for good reasons;
c. The DNA testing uses a scientifically valid technique;
d. The DNA testing has the scientific potential to produce new information that is
relevant to the proper resolution of the case; and
e. The existence of other factors, if any, which the court may consider as potentially
affecting the accuracy of integrity of the DNA testing.
Is DNA testing applicable? If not,Why?
 Yes,
 In assessing the probative value of the DNA evidence presented, the court shall
consider the following:
a. The chain of custody, including how the biological samples were collected, how
they were handled, and the possibility of contamination of the samples;
b. The DNA testing methodology, including the procedure followed in analyzing the
samples, the advantages and disadvantages of the procedure, and compliance
with the scientifically valid standards in conducting the tests;
c. The forensic DNA laboratory, including accreditation by any reputable standardssetting institution and the qualification of the analyst who conducted the tests. If
the laboratory is not accredited, the relevant experience of the laboratory in
forensic casework and credibility shall be properly established; and
d. The reliability of the testing result, as hereinafter provided.
 The provisions of the Rules of Court concerning the appreciation of evidence
shall apply suppletorily.
Requisites for 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.
What happens when the DNA results is in favor of 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.
How long is the preservation of the DNA results?
 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:
 In criminal cases:
a. For not less than the period of time that any person is under trial for an offense;
or
b. In case the accused is serving sentence, until such time as the accused has
served his sentence;
 In all other cases, until such time as the decision in the case where the DNA
evidence was introduced has become final and executory.
 The court may allow the physical destruction of a biological sample before the
expiration of the periods set forth above, provided that:
a. A court order to that effect has been secured; or
b. The person from whom the DNA sample was obtained has consented in writing
to the disposal of the DNA evidence.
RULES ON ELECTRONIC EVIDENCE
What is an electronic data message?
 Refers to information generated, sent, received or stored by Electronic, optical or
similar means.
Differentiate the BEST EVIDENCE RULE under the ROC and under the Rules on
Electronic Evidence
 BEST EVIDENCE RULE under ROC
a. SEC. 3. Original document must be produced; exceptions. – When the subject of
inquiry is the contents of a document, no evidence shall be admissible other than
the original document itself, except in the following casesa) When the original
has been lost or destroyed, or cannot be produced in court, without bad faith on
the part of the offeror;(b) When the original is in the custody or under the control
of the party against whom the evidence is offered, and the latter fails to produce
it after reasonable notice;(c) When the original consists of numerous accounts or
other documents which cannot be examined in court without great loss of time
and the fact sought to be established from them is only the general result of the
whole; and(d) When the original is a public record in the custody of a public
officer or is recorded in a public office. (2a)
b. SEC. 4. Original of document. –(a) The original of a document is one the
contents of which are the subject of inquiry.(b) When a document is in two or
more copies executed at or about the same time, with identical contents, all such
copies are equally regarded as originals.(c) When an entry is repeated in the
regular course of business, one being copied from another at or near the time of
the transaction, all the entries are likewise equally regarded as originals. (3a)
 BEST EVIDENCE RULE on Rule of Electronic Evidence
a. Section 1. Original of an electronic document. – An electronic document shall be
regarded as the equivalent of an original document under the Best Evidence
Rule if it is a printout or output readable by sight or other means, shown to reflect
the data accurately.
b. Section 2. Copies as equivalent of the originals. – When a document is in two or
more copies executed at or about the same time with identical contents, or is a
counterpart produced by the same impression as the original, or from the same
matrix, or by mechanical or electronic re-recording, or by chemical reproduction,
or by other equivalent techniques which accurately reproduces the original, such
copies or duplicates shall be regarded as the equivalent of the original.
Notwithstanding the foregoing, copies or duplicates shall not be admissible to the
same extent as the original if:
a. A genuine question is raised as to the authenticity of the original; or
b. In the circumstances it would be unjust or inequitable to admit the copy in
lieu of the original.
How does one authenticate an Electronic Document
 Burden of proving authenticity. – The person seeking to introduce an electronic
document in any legal proceeding has the burden of proving its authenticity in the
manner provided in this Rule.
What is the probative value of an electronic signature
 Factors for assessing evidentiary weight. – In assessing the evidentiary weight of
an electronic document, the following factors may be considered:
a. The reliability of the manner or method in which it was generated, stored or
communicated, including but not limited to input and output procedures, controls,
tests and checks for accuracy and reliability of the electronic data message or
document, in the light of all the circumstances as well as any relevant agreement;
b. The reliability of the manner in which its originator was identified;
c. The integrity of the information and communication system in which it is recorded
or stored, including but not limited to the hardware and computer programs or
software used as well as programming errors;
d. The familiarity of the witness or the person who made the entry with the
communication and information system;
e. The nature and quality of the information which went into the communication and
information system upon which the electronic data message or electronic
document was based; or
f. Other factors which the court may consider as affecting the accuracy or integrity
of the electronic document or electronic data message.
How does one authenticate an electronic signature
 Authentication of electronic signatures. – An electronic signature may be
authenticated in any of the following manner:
a. By evidence that a method or process was utilized to establish a digital signature
and verify the same;
b. By any other means provided by law; or
c. By any other means satisfactory to the judge as establishing the genuineness of
the electronic signature.
What are the disputable presumptions regarding an e-signature?
 Disputable presumptions relating to electronic signatures. – Upon the
authentication of an electronic signature, it shall be presumed that:
a. The electronic signature is that of the person to whom it correlates;
b. The electronic signature was affixed by that person with the intention of
authenticating or approving the electronic document to which it is related or to
indicate such person’s consent to the transaction embodied therein; and
c. The methods or processes utilized to affix or verify the electronic signature
operated without error or fault.
Is business records, hearsay?
 Generally Yes but there are exceptions.
 Inapplicability of the hearsay rule. – A memorandum, report, record or data
compilation of acts, events, conditions, opinions, or diagnoses, made by
electronic, optical or other similar means at or near the time of or from
transmission or supply of information by a person with knowledge thereof, and
kept in the regular course or conduct of a business activity, and such was the
regular practice to make the memorandum, report, record, or data compilation by
electronic, optical or similar means, all of which are shown by the testimony of
the custodian or other qualified witnesses, is excepted from the rule on hearsay
evidence.
 Overcoming the presumption. – The presumption provided for in Section 1 of this
Rule may be overcome by evidence of the untrustworthiness of the source of
information or the method or circumstances of the preparation, transmission or
storage thereof.
How do you prove the authenticity of an edocument
 Manner of authentication. – Before any private electronic document offered as
authentic is received in evidence, its authenticity must be proved by any of the
following means:
a. By evidence that it had been digitally signed by the person purported to have
signed the same;
b. By evidence that other appropriate security procedures or devices as may be
authorized by the Supreme Court or by law for authentication of electronic
documents were applied to the document; or
c. By other evidence showing its integrity and reliability to the satisfaction of the
judge.
How is electronic examination of witnesses done?
 Electronic testimony. – After summarily hearing the parties pursuant to Rule 9 of
these Rules, the court may authorize the presentation of testimonial evidence by
electronic means. Before so authorizing, the court shall determine the necessity
for such presentation and prescribe terms and conditions as may be necessary
under the circumstances, including the protection of the rights of the parties and
witnesses concerned.
 Transcript of electronic testimony. – When examination of a witness is done
electronically, the entire proceedings, including the questions and answers, shall
be transcribed by a stenographer, stenotypist or other recorder authorized for the
purpose, who shall certify as correct the transcript done by him. The transcript
should reflect the fact that the proceedings, either in whole or in part, had been
electronically recorded.
 Storage of electronic evidence. – The electronic evidence and recording thereof
as well as the stenographic notes shall form part of the record of the case. Such
transcript and recording shall be deemed prima facie evidence of such
proceedings.
How is audio, photograph, video or ephemeral evidence authenticated?
 Audio, video and similar evidence. – Audio, photographic and video evidence of
events, acts or transactions shall be admissible provided it shall be shown,
presented or displayed to the court and shall be identified, explained or
authenticated by the person who made the recording or by some other person
competent to testify on the accuracy thereof.
 Ephemeral electronic communications. – Ephemeral electronic communications
shall be proven by the testimony of a person who was a party to the same or has
personal knowledge thereof. In the absence or unavailability of such witnesses,
other competent evidence may be admitted.
A recording of the telephone conversation or ephemeral electronic
communication shall be covered by the immediately preceding section.
If the foregoing communications are recorded or embodied in an electronic
document, then the provisions of Rule 5 shall apply.
BARUELA JHON PAUL V.
BSCJ-3C