DNA evidence could free the innocent-if it were available

By: Jessica Zafra October 17, 2012 3:59 PM

InterAksyon.com The online news portal of TV5

After I saw "Give Up Tomorrow," the documentary on the apparently wrongful arrest, trial, and conviction of Paco Larraaga, I wondered how many innocent persons have been doomed to rot in our overcrowded jails. Thats how I heard about the Innocence Project Philippines, a network of law schools, non-governmental organizations and academic laboratories that seeks to make justice accessible for wrongfully convicted persons. Founded in 2012, the Innocence Project is presently headquartered at the DNA Analysis Laboratory at the University of the Philippines in Diliman.

Being a compulsive viewer of the Law and Order shows and forensic dramas on TV, I asked for an interview with the head of the UP DNA Analysis Laboratory, Dr. Maria Corazon de Ungria. Unfortunately she didnt have the time, but she did answer, via email, my very elementary questions about the initiative. An NAST Outstanding Young Scientist Awardee in 2003, De Ungria is also the director of the Program on Forensic and Ethnicity of the Philippine Genome Center. She gave technical assistance in the formulation of the Rules on DNA Evidence, and has been an expert witness in criminal cases.

Incidentally, in a newspaper article she published two weeks ago, De Ungria noted that Eyewitness testimony is recognized to be the leading cause of judicial errors in the US and elsewhere. After I wrote about the Larraaga case I heard from various people who saw the accused in Manila on the day he was supposed to be committing the crimes in Cebu. As the movie points out, the Larraaga case is notable for the number of eyewitnesses whose testimony was ignored.

Have you any idea as to the number of wrongful convictions in the Philippines?

I dont think there is an estimate of the overall number of wrongful convictions. In 2004, in the case People of the Philippines v Mateo, the Supreme Court reported about 71.8% of all death penalty cases that were reviewed resulted in a modification of the sentence, a remanding of the case back to the lower courts and in some, acquittal of the accused.

Statistics would disclose that within the eleven-year period since the re-imposition of the death penalty law in 1993 until June 2004, the cases where the judgment of death has either been modified or vacated consisted of an astounding 71.77 percent of the total of death penalty cases directly elevated before the Court on automatic review that translates to a total of 651 out of 907 appellants saved from lethal injection.

What is the process for getting a conviction reviewed with your help? How has the Innocent Project been received by the Philippine police and judiciary?

The project is just about to start. We are in the process of registering the group with the SEC and launching the project. The target date and sites for the launch is December 9, 2012 at the National Bilibid Prison in the morning and the Correctional Institute of Women in the afternoon. We are still processing the papers and request forms but we are hoping to make this happen soon. Since the project is really based on the passionate commitment of volunteers and students who want to make a difference, we are actually needing financial assistance for the launch. So best to check the Facebook account for further information.

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DNA evidence could free the innocent-if it were available