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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

In a hotel-room break-in case, DNA recovered from a saliva swab on a torn room-service receipt found at the scene yields a profile that matches the defendant. The receipt was collected by a municipal crime-scene officer, placed in a sealed envelope, and logged; a two-day gap in transit occurs with no log entries for that interval. The PNP Crime Laboratory reports STR analysis; the analyst is certified. The defense objects to admissibility under A.M. No. 06-11-5-SC, arguing that the two-day gap constitutes a break in chain of custody. The prosecution seeks admission of the DNA report. Which of the following statements is most correct under the Rule on DNA Evidence?

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The DNA report is admissible; a two-day gap in transit does not automatically render the evidence inadmissible under the Rule on DNA Evidence, provided that the chain-of-custody shows the sample remained under official control and the lab analysis was performed by a certified analyst. The gap should be weighed as to its impact on weight, not automatically exclude. If the chain-of-custody is broken, the court may order a re-test of the sample to cure the lapse and preserve admissibility. The DNA report is admissible, but the court should not allow the DNA-match probability to be testified; the court should rely on the identity conclusion only. The DNA report is inadmissible unless the defense confirms the defendant’s presence at the scene beyond reasonable doubt.

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