DNA evidence seals death sentence

Recognizing DNA tests as evidence the second time, the Supreme Court affirmed yesterday the death penalty imposed on a man convicted of raping and killing a 17-year-old girl.

The Supreme Court upheld the death sentence of Joel "Kawit" Yatar based on tests that DNA on the semen found in the victim was identical to his gene type.

"DNA print or identification technology has been advanced as a uniquely effective means to link a suspect to a crime, or to exonerate a wrongly accused suspect, where biological evidence has been left," read the decision.

"For purposes of criminal investigation, DNA identification is a fertile source of both inculpatory and exculpatory evidence.

"A person’s DNA is the same in each cell, and it does not change throughout his lifetime; the DNA in a person’s blood is the same as the DNA found in his saliva, sweat, bone, the root and shaft of hair, earwax, mucus, urine, skin tissue, and vaginal and rectal cells," the decision said.

No two individuals have the same DNA, except for identical twins, the high court added.

However, Yatar tried to have the evidence from DNA tests excluded on appeal, but the high court rejected his argument that his constitutional right against self-incrimination was violated when blood samples were taken from him.

"This contention is untenable," read the decision.

"The kernel of the right is not against self-incrimination, but against testimonial compulsion. The right against self-incrimination is simply against the legal process of extracting from the lips of the accused an admission of guilt. It does not apply where the evidence sought to be excluded is not an incrimination but as part of object evidence.

"Hence, a person may be compelled to submit to fingerprinting, photographing, paraffin, blood, and DNA (tests), as there is no testimonial compulsion involved. The accused may be compelled to submit to a physical examination to determine his involvement in an offense of which he is accused," the decision said.

The Supreme Court also admitted circumstantial evidence that would lead to a conclusion that Yatar had indeed raped and killed the victim on June 30, 1998.

Yatar was also ordered by the tribunal to pay the victim’s family P269,190 in damages.

Yatar was sentenced to death by the Bulanao regional trial court in Tabuk, Kalinga. — Aurea Calica