2010 Remedial Law, Q9

In a prosecution for rape, the defense relied on Deoxyribonucleic Acid (DNA) evidence showing that the semen found in the private part of the victim was not identical with that of the accused’s. As private prosecutor, how will you dispute the veracity and accuracy of the results of the DNA evidence? (3%)

Quick check

Under A.M. No. 06-11-5-SC, which factor is crucial in assessing the probative value of DNA evidence?

How can a private prosecutor effectively dispute the veracity of DNA evidence presented by the defense?

What is the legal effect if a biological sample for DNA testing was contaminated during storage?

What is required of a forensic laboratory performing DNA testing under Philippine rules?

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Under the Rule on DNA Evidence, does a negative DNA match automatically result in the acquittal of the accused?

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1. DNA Evidence Rule
Under A.M. No. 06-11-5-SC, known as the Rule on DNA Evidence, biological samples collected from crime scenes or victims must be handled under strict scientific protocols. Courts do not automatically accept DNA test results as conclusive proof. Instead, judges evaluate the reliability of the biological sample, the integrity of the chain of custody, the appropriateness of the testing methodology employed, and the professional credentials of the forensic analyst. Any significant irregularity in sample collection or analysis diminishes the evidentiary weight of the DNA findings.

2. Chain of Custody
In forensic DNA testing, establishing an unbroken chain of custody is essential to guarantee that the biological sample analyzed in the laboratory is the exact specimen collected from the victim or crime scene. The prosecution or defense must account for every individual who handled, stored, or transported the biological evidence. Proof of improper storage, inadequate sealing, unrecorded transfers, or exposure to environmental contaminants creates reasonable doubt regarding the integrity of the specimen, rendering the resulting DNA profile scientifically unreliable.

3. Testing Methodology
Courts evaluate the probative value of DNA evidence by examining whether the laboratory followed validated scientific standards and recognized testing protocols. Cross-examination of expert witnesses focuses on potential contamination risks, kit expiration dates, equipment calibration records, and the error rates of the testing procedures used. Demonstrating that the laboratory failed to adhere to standard operating procedures or that the performing analyst lacked specialized training successfully refutes the accuracy and credibility of the submitted DNA test results.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026