The National Bureau of Investigation (NBI) said the DNA analysis of the 19-year-old forensic evidence in the Vizconde massacre case would depend on whether the evidence remains well preserved at the Paranaque Regional Trial Court (RTC).

Last April 27, the NBI said the evidence -- the semen specimen from the cadaver of Carmela Vizconde -- is no longer in its custody.

In a five-page compliance and manifestation filed at the Supreme Court (SC), Deputy Director for Technical Services Atty. Reynaldo Esmeralda said the semen specimen was turned over to the Paranaque RTC Branch 274 way back in 1996.

“The desired semen specimen/vaginal smear taken from cadaver of Carmela Vizconde (including all original documents, i.e. autopsy and laboratory reports and photographs) is no longer in the custody of the NBI,” Esmeralda said.

“It’s all up to the SC to make a ruling on our Manifestation and Compliance. The trial court is under obligation to retrieve the pieces of evidence so we will know if it is possible to conduct a DNA test,” he said.

Esmerada said it all depends on the preservation of the evidence by the court if it is still possible to conduct a DNA test on it even if it was taken 19 years ago. The samples of the semen specimen were placed in three glass slides.

“If it was properly preserved, then maybe. It is possible that forensic evidence is still intact and not contaminated as they were placed in three glass slides,” he said.

The NBI Medico-Legal Division Laboratory Report No. SN-91-17 revealed that “microscopic examination made on the said specimen gave positive result for the presence of human spermatozoa.”

“As part of the standing operating procedure (SOP), fluid was taken from the vagina of Carmela Vizconde for purpose of semenology. At that time, year 1991 the NBI is not thinking about the DNA. The first time the NBI acquired DNA (equipment) was sometime in 1996,” said NBI Medico Legal Chief Dr. Florencio Arizala, who is also a lawyer.

Arizala said former NBI Medico Legal Chief, Prospero A. Cabanayan claimed the three glass slides (semen specimen) were properly turned over.

“It (evidence) is air-dry. There is proper turnover,” said Esmeralda.

Arizala said, “While semonology is almost perfect science, still in sperm pooling, we cannot determine how many different sperms there are in the semenology. We can only differentiate human spermatozoa from that of the animal. But with the DNA testing, it can be established how many different sperms and who may own these,” he said.

Asked to comment if the semen specimen remains intact and uncontaminated considering the 19-year-old period of storage, Esmeralda said he cannot give a categorical answer.

“We cannot speculate. But as far as the NBI is concerned, it is properly turned over and these are placed in three glass slides and there was cover slip,” he said.

The SC likewise directed the NBI to assist the parties in facilitating the submission of the specimen to the University of the Philippines –Natural Science and Research Institute (UP-NSRI).

The Court has exempted the case from the rule prohibiting it from trying factual evidence in a case.

Webb is the son of former Senator Freddie Webb who lauded the decision of SC to order the DNA analysis.

"In the higher interest of justice, the Court opted not to remand this case to the trial court anymore, as what should have been done under ordinary procedure. The reason is to expedite the dispensation of justice in this case," he said.