Philippine Bar review · Question

Practice question: Rule on DNA Evidence (AM 06-11-5-SC)

Multiple Choice Hard

Practice question

A finally convicted person identifies a preserved biological sample relevant to the case and shows that DNA testing would probably reverse or modify the conviction. The prosecutor argues finality absolutely bars all testing. Which is best?
  1. Section 6 expressly allows qualifying post-conviction testing without a prior court order
  2. Finality always prohibits such testing
  3. Any request automatically releases the convict
  4. Every irrelevant sample must be tested at public expense under this rule
  5. The laboratory alone may vacate the conviction

Legal references

  • AM 06-11-5-SC, Sections 6 and 10: https://lawphil.net/judjuris/juri2007/oct2007/am_06_11_5_sc_2007.html

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