Section 1. Scope
This Rule shall apply whenever DNA evidence is offered, used, or proposed to be offered or used as evidence in all criminal and civil actions as well as special proceedings.
Section 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.
Section 3. Definition of Terms'
e. DNA testing - means verified and credible scientific methods which include the extraction of DNA from biological samples, the generation of DNA profiles and the comparison of the information obtained from the DNA testing of biological samples for the purpose of determining with reasonable certainty, whether or not the DNA obtained from two or more distinct biological samples originates from the same person (direct identification) or if the biological samples originate from related persons (kinship analysis).
f. Probability of parentage - means the numerical estimate for the likelihood of parentage of the putative father compared with the probability of a random match of the two unrelated individuals in a given population.
Section 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.
Section 6. Post-conviction DNA Testing
Post-conviction DNA testing may be available, with no 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.
Section 10. Post-conviction DNA Testing
Remedy if the Results are Favorable to the Convict - The convict or 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, it shall reverse or modify the judgment of conviction and order the release of the convict, unless continued detention is justified for a lawful cause.
Section 11. Confidentiality
DNA profiles and all results or other information obtained from DNA testing shall e 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:
- person from whom the sample was taken;
- person from whom the sample was taken;
- lawyers of private complainants in a criminal action;
- duly authorized law enforcement agencies; and
- other persons determined 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, the same may be disclosed to the persons named in the written verified request.
Section 13. Applicability to Pending Cases
Except as provided in Sections 6 and 10 hereof, this Rule shall apply to cases pending at the time of its effectivity.
Effective 15 October 2007
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