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All Jurisprudence based

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

During a campus library break-in, DNA recovered from a saliva swab on a torn library card found at the scene yields a profile that matches the defendant. The card was collected by a campus security officer, placed in a sealed envelope, and logged; a two-day gap in transit is not logbooked. 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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Admissible; the two-day gap does not automatically render the DNA report inadmissible under A.M. No. 06-11-5-SC, provided the sample was properly sealed, the chain of custody is established up to the point of lab entry, and the analysis was conducted by a certified DNA analyst. Admissible; the DNA report may be used to identify the donor and connect the defendant to the scene if the lab is accredited and the analyst certified, irrespective of the transit gap. Admissible; the court should admit the DNA report but require the prosecutor to demonstrate the gap's cause and the absence of tampering through custodian testimony; the defense may cross-examine. Admissible; the court should treat the DNA evidence as highly probative but still subject to cross-examination and corroboration; the gap is a factor, not determinative.

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