Missing semen specimen (DNA)

The NBI has informed the Court that the semen specimen/vaginal smears taken from Carmela’s cadaver and all original documents (autopsy and laboratory reports, and photographs) were no longer in its custody as these were submitted as evidence to the Parañaque City Regional Trial Court (RTC) Branch 274. The RTC, in turn, claimed that there was no actual receipt of the specimen/vaginal smear and that based on available records, no such specimen was submitted to the RTC. Likewise, the transcript of stenographic notes (TSN) suggest that what were marked in evidence as exhibits were only the photographs of the three slides containing the semen specimen. - Supreme Court news.



Court News Flash October 2010
SC: No More DNA Analysis, Vizconde Case Up for Resolution
Posted October 27, 2010; By Jay B. Rempillo

The Supreme Court is now ready to resolve on the “basis of existing evidence which have been formally offered by the parties and/or made part of the records,” the nearly two-decade old Vizconde case. This as it set aside its April 20, 2010 resolution granting the request of Hubert Webb, one of the principal accused, for a deoxyribonucleic acid (DNA) testing and analysis of the semen specimen taken from rape victim Carmela Vizconde, who was murdered along with her mother Carmela and sister Jennifer in their BF Homes, Parañaque residence in 1991.

“[I]t is evident that the [National Bureau of Investigation] NBI could no longer produce the semen specimen/vaginal smears taken from the cadaver of Carmela Vizconde y Nicolas. Consequently, the DNA analysis ordered by this Court upon the request of appellant Webb, can no longer be done,” found the Court in the page of resolution of the Court En Banc, which also granted the Office of the Solicitor General’s motion for reconsideration of the said April 20, 2010 resolution.

The NBI has informed the Court that the semen specimen/vaginal smears taken from Carmela’s cadaver and all original documents (autopsy and laboratory reports, and photographs) were no longer in its custody as these were submitted as evidence to the Parañaque City Regional Trial Court (RTC) Branch 274.

The RTC, in turn, claimed that there was no actual receipt of the specimen/vaginal smear and that based on available records, no such specimen was submitted to the RTC. Likewise, the transcript of stenographic notes (TSN) suggest that what were marked in evidence as exhibits were only the photographs of the three slides containing the semen specimen.
The Court said that the arguments of Webb and co-appellants Hospicio Fernandez and Antonio Lejano in their respective pleadings shall be considered in its decision to be promulgated on the case. (Min. Res., GR No. 176389, Lejano v. People; GR No. 176864, People v. Webb, October 19, 2010)


see - http://sc.judiciary.gov.ph/news/courtnews%20flash/2010/10/10271001.php