Most commonly associated with renewable energy and genetically
modified produce, biotechnology is also having a profound effect
on society and, in particular, the justice system with the advent
of DNA (deoxyribonucleic acid) profiling, which helps local
forensic investigators solve criminal cases.
DNA profiling is a molecular testing method used to identify
people or organisms by the particular structure of their DNA,
which is determined to be unique to each person—like a
fingerprint—and can be extracted from saliva, blood, hair
and even finger- or toenails.
And while DNA testing for this purpose is “relatively”
new in the country, according to Major Lito Cabamongan, one
of the leading crime-scene specialists with the Philippine National
Police (PNP), local enforcement agencies have already begun
reaping the benefits.
“Almost 30 percent or more of [criminal] cases are being
solved [now with the help of DNA profiling techniques],”
the forensic investigator said partly in Filipino. He added
that it was more difficult in previous times without DNA testing,
as other forms of evidence were inconclusive.
He spoke to the BusinessMirror in last week’s DNA forensic
training workshop for police officers that was part of the National
Biotechnology Week activities.
But working behind the scenes is the DNA Analysis Laboratory
in the Natural Sciences Research Institute at the University
of the Philippines (UP).
Dr. Maria de Ungria, who heads the UP DNA Laboratory, said
DNA is one of the most powerful tools available to Philippine
investigators today.
“You’ll know who was and wasn’t there,”
she said, referring to a crime. “It brings us closer to
the truth, and serves as a crucial factor to reconstruct the
sequence of events leading to the crime.”
She noted, however, that the UP DNA lab does not directly handle
criminal cases, unless passed on to them by the PNP or by the
courts, and instead focuses on the research aspect of forensic
investigation.
“They [PNP and National Bureau of Investigation] have
their own labs, but because of the scale of criminal cases that
they have, they can’t do research,” said the former
Philippine Science High School scholar.
She said their research activities take a “lot of time,”
such as testing different types of evidence using several parameters,
like variations in temperature, among others. Such research
endeavors, she said, fall under their responsibility, being
attached to an academic institution.
“We don’t go into crime scenes and we don’t
handle the [actual] evidence, but if one of the [law enforcement]
agencies feel they have not handled that type of evidence, they
might call our lab for assistance,” she said.
Dr. de Ungria added that the UP DNA lab may step in during
special cases, such as those requested by families seeking an
independent forensic investigation.
In October 2007, the Supreme Court issued the Rule on DNA Evidence,
which provided the guidelines on assessing the value of DNA
evidence in court. It was also viewed as a precedent for reversing
convictions through post-DNA testing.
Dr. de Ungria said activities intensified after the Supreme
Court decision. She said the cases passed to the UP DNA lab
have doubled, and they have even noted some acquittals after
doing DNA testing.
She said that among rape cases in the past nine years, there
have been five acquittals because it was discovered that the
suspects did not share the DNA profile of the victims’
children born as a result of the crime. She said the suspected
rapists spent an average of seven years in jail.
She noted that the lab is helping the government, as well,
declogging jails and also preventing future abuses to human
rights.
“The real perpetrators are still outside doing what they
were doing before,” she said.
Budget constraints
Still, as a DNA analysis lab, carrying out research studies
and bringing criminals to justice carries a hefty price tag.
Dr. de Ungria said that in the past two years, they have received
some P5 million a year, but it was not enough. She said equipment
alone could cost several millions of pesos.
“We should be looking at P10 million, P20 million to
P30 million a year,” she admitted, adding that the funds
will be used to buy better equipment, making it a one-time arrangement.
She said the lab, for instance, would be an updated version
of their DNA sequencer, which can only run one sample at a time,
versus other newer machines which can do eight or even 15 samples.
She added that running a sample takes at least 30 minutes,
which is why the lab is planning to purchase a DNA sequencer
that costs P10 million that can handle eight samples.
A DNA sequencer automates the arduous task of DNA sequencing,
a process where the order of nucleotides—the structural
unit of DNA—is determined. DNA sequencing is credited
with large advances in biological research and is an integral
aspect of forensic investigation.
“We would like to have results as soon as possible. The
longer we wait [for DNA results], the longer the time that person
[if innocent] is incarcerated,” she said.
She added that the small number of staff is also another issue
with them, because while they have at least 10 scientists manning
the labs, only three are considered as permanent while the rest
are classified as “contractual.”
“We look for budgets for scientists, which actually adds
to the work that we are doing,” she said.
The DNA business
One way is to tap the private sector. The UP DNA lab, for instance,
charges fees for paternity tests which, according to Dr. de
Ungria, composes up to 50 percent of the lab’s activities
today.
The lab charges P60,000 for a paternity test—which is
used as evidence in court, such as in proving the legitimacy
of an heir. If the test is for “private reasons,”
where it will not be used in any legal forum, the fee is P40,000.
The reason for this, she said, is that court cases require more
scrutiny, hence, a more laborious task for the laboratory.
She also noted cases where “high-profile clients”
or wealthy individuals ask the lab to have their DNA profiled
and then stored. This is for possible use in the future, when,
for instance, the subject is cremated or when facing other legal
hurdles.
For this, the UP DNA lab charges P3,000 for five years of storage,
after which the contract expires and the clients will be charged
again.
For all the extra work, Dr. de Ungria, who finished her doctoral
degree at the University of New South Wales in Australia, does
no regret coming back to the Philippines—after 10 years
abroad.
“Science should serve society. I needed to go back to
the Philippines [because] I knew that I only had the opportunity
to study because of taxpayers’ money,” she said.