In Re: the Writ of Habeas Corpus for Reynaldo De Villa  Upon testing, the National Science Research Institute

onal Science Research Institute (NRSI) rendered a preliminary report

[G.R. No. 158802. November 17, 2004] on March 2003, which showed that Reynaldo could not have sired any of the children
Topic: Habeas Corpus whose samples were tested, due to the absence of pertinent genetic markers in the
Petitioners: REYNALDO DE VILLA, JUNE DE VILLA samples.
Respondents: THE DIRECTOR, NEW BILIBID PRISONS  Hence, this petition of a writ of habeas corpus; praying respondent Director to justify basis
Ponente: J. Ynares-Santiago of Reynaldo’s imprisonment in light of DNA evidence; and that petitioner be granted a new
trial on the ground of newly-discovered evidence.
 Petitioner argues that the DNA evidence is crucial and he is entitled to re-litigation,
FACTS:
considering that his conviction in 2001 was based on the factual finding that he sired the
said child. Since paternity is disproved, he argues that the conviction must be overturned.
 Sometime in April 1994, Aileen Mendoza woke up in their family’s Pasig house to find
 In essence, petitioner invokes this remedy of habeas corpus to collaterally attack 2001
petitioner on top of her. She was then 12 years old. She was unable to shout for help as
decision, praying for an ancilliary remedy of a new trial.
Reynaldo covered her mouth and threatened to kill her.
 After inserting his penis into his vagina (and doing thrusting motions), Reynaldo ejaculated.
ISSUE:
This encounter allegedly resulted into Aileen’s pregnancy, which was noticed by her
mother, sometime in November 1994. When Aileen admitted the rape, her parents
W/N the petition for a writ of habeas is the proper remedy. NO.
brought her to the police station to file the criminal complaint.
 On December 19, 1994, Aileen gave birth to Leahlyn Mendoza.
HELD:
 In his defense, Reynaldo alleged that he was already 67 years old, hence, he was incapable
of having an erection. He also stated the the Mendoza family had been holding a grudge
 This writ applies to all cases of illegal confinement or detention by which a person has been
against him. He interposed his alibi, claiming that he was in Batangas when the alleged rape
deprived of his liberty, or by which the rightful custody of any person has been withheld.
took place.
Villavicencio v Lukban: “any restraint which will preclude freedom of action is sufficient.
 Trial court found Reynaldo guilty of qualified rape and sentenced him to death. Upon
 Such detention or restraint must be illegal. If restraint was through a legal process, then
automatic review, SC held that Aileen’s child was medically consistent with the time of rape.
such writ is unavailing. Concomitant to this principle, the writ cannot be used to directly
Since it was never alleged that she gave birth to a full-term nine-month old baby,
assail a judgment rendered by a competent court, having jurisdiction.
prosecution’s contention that she gave birth to a premature eight-month old baby was
 The writ has very limited availability as a post-conviction remedy. Feria v CA: a petition for
upheld. Hence, SC affirmed Reynaldo’s conviction.
writ of HC is allowed to review judgment of conviction only in specific instances, such as
 By final judgment (Feb 2001), Reynaldo De Villa was found guilty of the rape of Aileen
when, as a consequence of a judicial proceeding:
Mendoza, his niece; and was sentenced to suffer reclusion perpetua, pay civil indemnity,
 There has been deprivation of a constitutional right resulting in the restraint of a
and pay for the support for Leahlyn Corales Mendoza, the putative child born of the rape.
person;
Petitioner is currently serving his sentence at the New Bilibid Prison, Muntinlupa.
 The court had no jurisdiction to impose sentence; or
 Three years after decision, June de Villa, son of Reynaldo, alleges that during the trial of the
 An excessive penalty was imposed
case, he was unaware that there was a scientific test (DNA testing) that could determine if
 In this case, petitioner never alleged which legal ground on which to anchor his petition. He
Reynaldo was the father of Aileen’s child. This information was furnished by the FLAG
never alleged any of the instances stated in Feria v. CA.
Anti-Death Penalty Task Force, which took over as counsel for petitioner.
 Petitioner seeks to review findings of fact already passed upon with finality. Such relief is
 In petitioner’s brief, he sought to conduct a blood type test and DNA test to determine
far outside the scope of habeas corpus proceedings. Abriol v Homeres: habeas corpus is not
paternity, but was denied by SC. Upon denial of his MR, decision became final and
a writ of error and should not be used as thus. Such writ cannot be distorted by extending
executory on Jan. 2002.
the inquiry to mere errors of trial courts. Velasco v CA: habeas corpus reaches the body,
 Undaunted, petitioner asked Billy Joe de Villa, grandson of Reynaldo and as classmate of
but not the records of the case as such records must remain extant and cannot be revised
Leahlyn, to ask Leahlyn to spit into a cup for the DNA testing. Petitioner also gathered
or amended by mere HC proceedings.
samples from four grandchildren of Reynaldo.
 Calvan v CA: writ of HC can be invoked only by special circumstances that require
immediate action. In such situation, the inquiry on a writ of HC would be addressed, not to
errors committed by court within its jurisdiction, but to question whether proceeding or
judgment under which the person has been restrained is a complete nullity. It is such nullity
that makes it susceptible to collateral attack through petition for writ of HC.
 In this case, the remedy of writ of HC is unavailing. This is because a denial of a
constitutional right has not been alleged by petitioner. His argument that he was denied
effective aid of counsel, as Atty. Alfonso Salvador suddenly withdrew the case to leave for
the U.S., does not amount to a denial of a constitutional right. Although in some
jurisdiction, it was seen fit to grant writ of HC in order to test claims that a defendant was
denied effective aid of counsel. However, for petition to succeed, the presumption that
counsel’s conduct is within the wide range of reasonable professional assistance must be
overcome. The petitioner failed to do so.
IF SIR WILL ASK ABOUT THE NEW TRIAL:
 Prayer for New Trial to re-litigate issue on paternity
 First of all, it must be stressed that issue on paternity is not central to Reynaldo’s guilt or
innocence. People v Alberio: the face of victim’s pregnancy and childbirth are irrelevant in
determining rape.
 SC notes that the grant of child support to Leahlyn Mendoza indicates the 2001 decision
was based, at least in small measure, on the victim’s claim that Reynaldo fathered her child.
The issue in paternity is centrally relevant to award of child support, but only tangentially
relevant to Reynaldo’s guilt. However, if it can be concluded that Reynaldo did not sire
Leahlyn, this may cast a shadow of reasonable doubt, and allow acquittal.
 BE THAT AS IT MAY, Sec. 2 R121 provides for the grounds for a new trial and petitioner
anchors his plea on “newly-discovered” evidence i.e. DNA test. However, the decision
sought to be reviewed has already attained finality and entry of judgment has been made.
Moreover, DNA evidence DOE NOT fall within statutory or jurisprudential definition of
“newly-discovered evidence”. Although DNA evidence was discovered after trial, such
evidence could have been discovered and produced at trial with the exercise of reasonable
diligence.
 June De Villa’s claim that he was unaware of the existence of the DNA test has no weight.
Lack of knowledge speaks of negligence, on the part of petitioner, or his counsel. In either
instance, such negligence is binding.
 Even with all the scientific evidence presented, Reyanaldo de Villa is NOT entitled to
outright acquirral. Even if it can be conclusively proved that he was not the father, his
conviction still stands, with Aileen’s testimony and positive identification. Pregancy has
never been an element of rape.
 DNA evidence failed to conclusively prove that Reynaldo should be discharged.
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CONCURRING OPINION OF CARPIO:
I concur with the ponencia. The DNA evidence presented by petitioner-relator is not material and
relevant to the crime of rape. Even assuming petitioner is not the father of the child that was
conceived within the period of the rape, such fact does not prove that petitioner could not have
committed the crime. The remedies of habeas corpus and new trial are thus unavailing in this
case.
However, this case should not close the door to a convicted felon who after final judgment
acquires DNA results exonerating him of the crime for which he was convicted. Legal relief is still
available, for instance, to a felon convicted by final judgment of rape who subsequently gains
access to DNA results showing that the semen in the victims vagina does not match that of the
convicted felon.
While final judgments enjoy the presumption of correctness, the confining and traditional legal
procedures must respond to the revolutionary way that DNA results have been proving the
innocence of convicts. American jurisprudence has shown the way in this regard.
Before the enactment of statutes in some states providing for post-conviction DNA testing,
American courts had no precedents to work on to justify post-conviction DNA testing and the
reversal of final judgments of conviction when the DNA results turned out to be exculpatory.
Before the passage of the DNA testing statutes, it was unclear under what right and procedure a
convict was entitled to post-conviction DNA testing. Even in the absence of statutes, American
courts allowed post-conviction DNA testing by requiring the convict to apply for such testing
before the verdict could be vacated. 1 The application enables the courts to determine the basis
for the application and to set the standards in case the request is granted. Once the DNA result
confirms the innocence of the convict, American courts conduct a motion in limine hearing on
admissibility or order a new trial. 2 The prosecution usually refuses to re-try the case and the
convict is released.
Under American jurisprudence, post-conviction DNA testing is availed through a petition
for habeas corpus and motion for new trial. These conventional modes of relief, however, have
built-in restrictions that pose problems to the granting of post-conviction DNA testing.
In habeas corpus cases, relief could not be had unless a constitutional violation was committed
during the convicts trial. In a motion for new trial, the convict must show that the DNA test is a
newly discovered evidence and must not be time-barred to warrant a new trial. Despite these
legal obstacles, American courts granted, albeit restrictively, the request for post-conviction DNA
testing on a case-by-case basis. The approach to the legal issues varied from jurisdiction to
jurisdiction.
In Summerville v. Warden State Prison 3 the Supreme Court of Connecticut ruled that when
evidence is so strong that innocence is highly likely and that evidence alone establishes
innocence, that in itself is already a basis fro habeas corpus review of convictions and
imprisonment. Thus, habeas corpus warranted the granting of a new trial based on the
petitioners claim of actual innocence. In People v. Callace, 4 the New York court considered
post-conviction DNA testing as newly discovered evidence because the type of DNA analysis
available at the post-conviction stage was not available at the time of the trial. In State v.
Thomas, 5 fundamental fairness allowed the convict to post-conviction DNA testing even when
the request was already stale.
Habeas corpus review and new trial proved to be narrow remedies as American courts still
adhere to the strict requirements of these two models of relief. Nonetheless, post-conviction
DNA testing has been granted on other grounds. When the application of DNA testing has strong
indications that the result could potentially exonerate the convict, American courts recognized
the convicts right to exculpatory evidence. In Dabbs v. Vergari, 6 citing Brady v. Maryland, 7 the
court categorically upheld the convicts constitutional right to exculpatory evidence despite the
absence of a law providing a right to post-conviction discovery. DNA results exonerated Charles
Dabbs and his conviction was eventually vacated. 8 On other cases, 9 the exculpatory potential of
DNA evidence compelled the American courts, in the interest of justice, to allow access to
post-conviction DNA testing.
The rectification of a wrong is the underlying reason for the allowance of post-conviction DNA
testing and the eventual reversal of the verdict based on exclusionary DNA result. Even the most
stringent of rules have to give way upon a showing that there is a strong probability that DNA
result could prove the convicts actual innocence. For ultimately, it is the primary duty of the
court to prevent the miscarriage of justice.
Every person has a right to avail of a new technology that irrefutably proves his innocence
despite a prior final conviction, provided the new technology was not available during his trial.
This right is part of a persons constitutional right to due process of law. A person convicted by
final judgment does not lose his constitutional right to due process, and he may invoke it
whenever there is a compelling and valid ground to do so.
The 1987 Constitution expressly empowers the Court to [p]romulgate rules concerning the
protection and enhancement of constitutional rights. 10 Even in the absence of a law allowing
post-conviction DNA testing, the Court under its constitutional mandate may order a new trial if
the post-conviction DNA testing will establish that the convicted felon could not have possibly
committed the crime. This is the case when the post-conviction DNA testing shows that the
semen in the victims vagina does not match that of the convicted felon.
A new trial on the ground of post-conviction DNA testing is different from a new trial under Rule
121,11 which is available only before final judgment. Unlike a new trial under Rule 121, a new
trial for post-conviction DNA testing does not vacate the judgment of conviction, which stands
until recalled by the court as a result of the new trial. A new trial after final conviction may be
ordered only on the sole ground that DNA testing will establish that the convicted felon could not
have committed the crime. Moreover, DNA testing must not have been available or possible
during the original trial.
Thus, I submit that a felon convicted by final judgment who could establish through DNA testing
that he could not have committed the crime is not without remedy to prove his innocence and
regain his liberty.