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People v. Umanito G.R. No. 172607, April 16, 2009 Tinga, J. Facts

The Supreme Court ruled that DNA analysis showing a 99.9% probability that Umanito was the father of BBB was reliable evidence in determining parentage. The DNA samples were properly obtained and tested according to established standards and procedures. The NBI forensic chemist explained the DNA testing process and established there was a complete match between the alleles of BBB and Umanito, confirming Umanito was the father.

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69 views2 pages

People v. Umanito G.R. No. 172607, April 16, 2009 Tinga, J. Facts

The Supreme Court ruled that DNA analysis showing a 99.9% probability that Umanito was the father of BBB was reliable evidence in determining parentage. The DNA samples were properly obtained and tested according to established standards and procedures. The NBI forensic chemist explained the DNA testing process and established there was a complete match between the alleles of BBB and Umanito, confirming Umanito was the father.

Uploaded by

kristin
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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People v.

Umanito
G.R. No. 172607, April 16, 2009
Tinga, J.

Facts:
Umanito was convicted for the crime of rape. Complainant AAA gave birth to a
child as a result of the crime. Upon the appeal of Umanito to the Court, the latter
remanded the case to the trial court for the conduct of DNA analysis on the ground that if
DNA test yielded a negative result of Umanito being the sire of BBB, then Umanito shall
be acquitted.

Issue:
Whether or not the DNA analysis was reliable in determining the parentage of the
child BBB.

Ruling:
Yes, The Court said that since the analysis complied with the standards and
procedure under the New Rules on DNA Evidence, the result of the test shall be used in
Court.
Under Section 9, A.M. No. 06-11-5-SC, if the value of the Probability of Paternity is
99.9% or higher, there shall be a disputable presumption of paternity. Here, the forensic
expert found out that the test yielded a 99.9% probability that Umanito is the father of
BBB. She was able to narrate and show proof that the procedure for parentage analysis
was properly followed.
DNA samples were collected from Umanito, AAA, and BBB by the NBI forensic
chemist whose qualifications were properly established. A buccal swab was used as a
primary test followed by a blood test as a secondary test. The NBI took photos of the
parties during the tests and was able to properly preserve and indicate markings on the
buccal swabs and blood sample. The fingerprintd of the parties were also obtained. The
subjects sources were made to affix their finger prints on their identification places and
reference forms.The chain of custody thereof were properly established before the court,
convincing the latter that there is no possibility of contamination of the DNA samples
taken from the parties. The specimens were also subjected to sampling, extraction,
amplification and analysis.

The NBI Forensic Chemist, in her testimony explained that the DNA found in all
cells of a human being come in pairs except the mature red blood cells. These cells are
rolled up into minute bodies called "chromosomes," which contain the DNA of a person.
A human has 23 pairs of chromosomes. For each pair of chromosome, one was found to
have originated from the mother, the other must have came from the father. The whole
process involved the determination which of those alleles originated from the mother and
the rest would entail looking on the genotype or the profile of the father to determine if
they matched with those of the child.

In the analysis by the Forensic Chemists, there was a complete match between the
alleles of the loci of BBB and Rufino .

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