POST-CONVICTION DNA TESTING:

     The DNA test availed of by a person already convicted under a final and executory judgment is termed "post-conviction" DNA testing. The Rules on DNA Evidence allows a post-conviction DNA testing. It may be available to (a) prosecution, or (b) to the person convicted by a final and executory judgment provided that the following requirements are met: (a) a biological sample exists; (b) such sample is relevant to the case; and (c) the testing would probably result in the several of the judgment of conviction (Sec. 6, Rules on DNA Evidence). The remedy available to the convict if the result of the post-conviction DNA testing is favorable to him includes: (a) filing of a petition for a writ of habeas corpus in the court of origin; (b) the court shall conduct a hearing and in case the court finds that the petition is meritorious, it shall reverse or modify the judgment of conviction and order the release of the convict, unless his detention is justified for a lawful cause (Section 10, Rules on DNA Evidence).