During cross-examination, the lawyers plucked out the information from Ramon Paje, an investigator of the Subic Bay Metropolitan Authoritys Intelligence and Investigation Office.
The lawyers said if the condom did not contain semen, it could mean a lot for the accused since it shows possible mishandling of evidence in the part of SBMA investigators before they were turned over to the Philippine National Police.
Defense lawyers said Paje and the evidence custodian should have done better in taking care of the evidence, which should have been refrigerated.
Jose Justiniano, lawyer of Keith Silkwood, one of the accused US Marines, said the PNP Crime Laboratory report could even mean that there was no sexual contact with the 22-year-old complainant.
"Had there been semen stains found in the condom, its very obvious that there was (sexual) contact, but its also possible to have contact and not find semen," he said.
Paje was grilled on the SBMAs alleged "mistake" when it initially filed rape charges against six US servicemen, instead of four.
After Paje was excused, the prosecution presented Melchor Delikina, 39, another investigator who also had a hand in the probe of the alleged rape. Michael Punongbayan