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Republic of the Philippines (> RECEIVE.
HOUSE OF REPRESENTATIVES {= wut 01 2019)“
Quezon City G
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EIGHTEENTH CONGRESS
First Regular Session

House Bill No,__897

Introduced by Rep. MARIO VITTORIO “MARVEY” A. MARINO
5th District, Batangas

AN ACT IMPPROVING AND SUSTAINING GENOMICS AND
FORENSIC SCIENCE FACILITIES, AND ESTABLISHING
SEPARATE DATABASES FOR GENOMICS AND FORENSIC DNA
IN THE COUNTRY AND FOR OTHER PURPOSES

EXPLANATORY NOTE

DNA or deoxyribonucleic acid is one of science and technology's most important
discoveries and has greatly contributed in the formation and development of society.
DNA is a molecule that contains the instructions an organism needs to develop, live
and reproduce. It has not only been used to determine an individual’s identity and
parentage but also diagnose genetic disorders through DNA sequencing and
testing—an indispensable tool for basic and applied research in health and medicine,
agriculture, biodiversity, ethnicity, industry, environment, and forensic science.

Considering how essential DNA is, the Department of Science and Technology
(DOST) supported the formation of the Genomics Research and Development
Program and the establishment of DNA Sequencing Core Facility and Bioinformatics
Core Facility of the Philippine Genome Center. However, increasing demand for
DNA sequencing and analysis for research and development require further upgrading
of Genomics facilities and infrastructure.

This holds true even in the field of forensic science. While, the Philippine
National Police (PNP) has acquired the Combined DNA Index System (CODIS) used
for routine casework analysis, the current facilities and infrastructures require
upgrading to improve criminal investigation and crime laboratory capabilities for
higher crime solution efficiency.

The establishment of databases for each field—genomics and forensic
science—are deemed necessary to further boost the country’s DNA capabilities in the
areas of in health and medicine, agriculture, biodiversity, ethnicity, industry,
environment, and forensic science. These improvements would not only lead to more
breakthroughs in research and development, but most importantly in practical
applications.


Science and technology are undeniably important in nation building. The 1987
Constitution says that science and technology are essential for national development
and progress. It further states that the State shall give priority to research and
development, invention, innovation, and their utilization. It is high time the State lives
up to this mandate.

In view of the foregoing, the early %. of this bil y: earnestly requested.

MARIO RIO “MARVEY” A. MARINO


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. _897

Introduced by Rep. MARIO VITTORIO “MARVEY” A. MARINO
5th District, Batangas

AN ACT IMPPROVING AND SUSTAINING GENOMICS AND
FORENSIC SCIENCE FACILITIES, AND ESTABLISHING
SEPARATE DATABASES FOR GENOMICS AND FORENSIC DNA
IN THE COUNTRY AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

TITLE 1 - GENERAL PROVISIONS

SECTION 1. Short Title - This Act shall be known as the “Genomics and
Forensic Science Capacity Enhancement Act”.

SECTION 2. Declaration of Policy. - The State recognizes the need for
upgrading genomics and forensic science facilities and infrastructures in the country
to respond to the increasing demand for DNA sequencing and analysis for various
applications, such as research and development, legal proceedings, disaster response,
and the enhancement of human capabilities, skills or expertise.

SECTION 3. Definition of Terms - For purposes of this Act, the following terms
shall mean:

A. Bioinformatics facility means data processing and analytical services for

clients wishing to outsource data analysis for their next-generation sequencing data,


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and make available our high-performance computing servers for clients who wish to
do their own data analysis.

B. Department means the Department of Science and Technology (DOST);

C. Secretary means the Secretary of the DOST;

D. Deoxyribonucleic Acid or DNA is a macromolecule that contains the genetic
instructions an organism needs to develop, live and reproduce;

E. DNA analysis means analysis of the DNA identification information in a
bodily sample.

F. DNA sequencing is a technology that allows researchers to determine the order
of bases in a DNA sequence. The technology can be used to determine the order of
bases in genes, chromosomes, or an entire genome.

G. DNA sequencing facility means any government institution, laboratory or
office which conducts DNA sequencing analysis in the country.

H. Forensic DNA Analysis is the use of DNA specimens in legal proceedings.

I. Forensic DNA Profile is the information derived from a forensic DNA analysis.

J. Forensic Science — is the application of the methods of the natural and physical
sciences to matters of criminal and civil law.

K. Genomics means the study of the full genetic complement of an organism (the
genome). It employs recombinant DNA, DNA sequencing methods, and
bioinformatics to sequence, assemble, and analyze the structure and function of
genomes.

L. Genomics profile is the genetic information derived from a DNA sequencing
and analysis;

M. Philippine Forensic DNA Database (PFDD) is the country’s central

repository of Forensic DNA profiles created under this Act.


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N. Philippine Genomics Database (PGD) is the country’s central repository of
genomic profiles created under this Act.
O. Philippine Genomics Database Bureau (PGDB) is the bureau under the DOST
tasked to manage the PGDS.
TITLE Il - GENOMICS
SECTION 4. Genomics Capacity Enhancement Plan - The Secretary, in

consultation with the heads of the government-funded DNA sequencing facilities

including the DNA Analysis Laboratory at the University of the Philippines,
Department of Health (DOH), Commission on Higher Education (CHED),
Department of Agriculture (DA), Department of Information and Communications
Technology (DICT), National Privacy Commission (NPC), National Institute of
Health (NIH) UP-Manila, and the Philippine Genome Center (PGC), subject to the
requirements of the Data Privacy Act, shall draw up an annual Genomics Capacity
Enhancement Plan, that shall:

‘A. Continuously assess the prevailing capacities of existing government-funded
DNA sequencing facilities in the country in terms of equipment and human resources,
and identify inadequacies and areas of improvement;

B, Propose the acquisition of necessary equipment and recruitment and training
of scientists, accompanied by the corresponding budget for its accomplishment to be
included in the proposed general appropriation items of the head agencies of the
facilities involved herein, whenever applicable;

C. Promulgate rules and regulations, regarding DNA analyses, methods and
facilities, including security protocols on handling, access and storage of individual

personal information; quality assurance protocols and practices that the international


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scientific community considers ethical and adequate to assure the quality of a
genomics laboratory; and

D. Promote and boost the technical capability of the PGC and other centers as
hubs of excellence in gene discovery and genomics research and development,
specifically to be:

a.) Equipped with state of the art technologies compliant to
international standards and protocols to provide efficient, high-quality and
cost-competitive sequencing and analytical services using bioinformatics for
local and international stakeholders;

b.) Allowed expeditious procurement of the needed state-of-the-art
equipment, supplies and reagents for both genomics and bioinformatics;

.) Provided with additional permanent and accountable personnel
required for the sustainable management and operations of the genomics
facilities.

E. Continuous funding support for the implementation of the National Genomics
Research and Development Roadmap as the technological platform to revolutionize
research and development in health, agriculture and biodiversity for socio-economic
development in the country, which includes the following components:

a.) Upgraded DNA Sequencing Core Facilities for basic and advanced
sequencing

b.) Upgraded Bioinformatics Core Facilities

c.) Biobank Facility

.) Health Program: Filipinized personal medicine and nutrigenomics

e.) Agriculture: Endemic and Staple Crops, Microbes, Fisheries, Livestock

£) Biodiversity for Drug Discovery and Bio-energy


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g.) Ethnicity
h.) Food and other related products
i.) Ethics, Legal and Social Issues
j.) Computational Genomics and Systems Biology

F. Address needs in the region by establishing basic sequencing and
bioinformatics facilities in selected HEIs and SUCs nationwide.

G. Build the capacity of existing researchers and experts on new technologies,
techniques, processes, protocols, standards and the like by sending them to
international training programs,

H. Increase number of stem graduates as well as MS and PhD in molecular
biology, genetics, chemistry, computer science, medicine, bioinformatics and
engineering through S&T scholarships linked with said facilities in order to increase
human capital.

I. Provide assistance to genomics services start-up companies, if any.

J. Offer subsidized costs for sequencing and analysis once the target facilities are
improved and/or new ones established in the regions.

TITLE If —- PHILIPPINE GENOMICS DATABASE

SECTION 5. Establishment of the Philippine Genomics Database. — A genomics
database to be known as the Philippine Genomics Database (PGD) is hereby
established to store genomic profiles and any information in relation thereto from any
DNA sequencing and analysis in the country. The PGD shall consist of well-curated
databanks in:

a. Health and Medicine

b. Agriculture

©. Biodiversity


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d. Ethnicity

e, Other related fields.

SECTION 6. Objectives of Genomics Database — PGDS is established for the
following purposes:

1. To utilize the technological advances in genomics for practical purposes in

health, medicine, agriculture, biodiversity, ethnicity and other related fields;

2. To facilitate coordination with other agencies, sharing of data, protection and

handling of sensitive or classified information and dealing with ethical, legal
and social issues.
TITLE IV - MANAGEMENT, SHARING, AND ACCESS
TO INFORMATION OF THE PHILIPPINE
GENOMICS DATABASE

SECTION 7. The Philippine Genomics Database Bureau. — A Philippine
Genomics Database Bureau (PGDB), under the control and supervision of Advanced
Science and Technology Institute of the DOST (ASTI), is hereby established to
manage the PGDS as specified in Title III of this Act.

The Department of Health (DOH), its attached agencies and corporations,
University of the Philippines System (UP System), and all other government agencies
with existing DNA Database shall share, subject to the provisions of the Data Privacy
Act, all genomic profiles and information in relation thereto to the PGDB. The PGDB
shall have all such powers as may be necessary for, in connection with, or incidental
to the performance of its function under this Act, including the following:

1. To be responsible for the general conduct, administration, and management of

the PGD;


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2. To establish mechanisms to facilitate the connection, storage, and
dissemination of data in connection with genomics profiles and any
information in relation thereto stored in the PGD;

3. To ensure that genomics profiles and any information in relation thereto are
securely stored and remain confidential;

4. To cooperate with both local and foreign government agencies in accordance
with the provisions of this Act; and

5. To carry out any other functions conferred by or under this Act and to
perform any other functions that are supplemental, incidental, or
consequential to any other functions specified in this section or in furtherance
of the objectives of the PGDS.

TITLE V — FORENSIC SCIENCE

SECTION 8. Forensic Science Enhancement Plan — The Department of Justice
(DOJ), the National Bureau of Investigation (NBI), the Department of Interior and
Local Government (DILG), the Philippine National Police (PNP), the scientists and
experts at the DNA Analysis Laboratory at the University of the Philippines, and the
National Privacy Commission (NPC) shall draw up a five-year Forensic Science
Enhancement Plan, that shall:

‘A. Assess the prevailing capacities of all crime laboratories in the country in
conducting Forensic DNA Analysis in terms of equipment and facility, human
resources, and identify inadequacies and areas of improvement;

B. Propose the acquisition of the necessary equipment units in making Forensic
DNA analysis available in crime laboratories all over the country as well as building
human capacity through training, workshops that will produce a local talent pool,

accompanied by the corresponding budget for its accomplishment to be included in


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the proposed general appropriation items of the head agencies of the faci
involved herein, whenever applicable;

C.  Promulgate rules and regulations regarding forensic DNA analyses, methods,
storage, and facilities, including quality assurance protocols and practices that the
international scientific community considers adequate to assure the quality of forensic
DNA laboratory;

D. Establish guidelines for better coordination and cooperation between and
among law enforcement agencies and government-funded DNA facilities in the
country as to provide a more efficient forensic DNA analysis and database which may
be useful for disaster risk mitigation and forensic casework; and

E. Professionalize Forensic DNA Analysts by creating a licensing or
accreditation unit under the Professional Regulatory Commission (PRC) to ensure the
quality of the talent pool and specialists in forensic DNA analysis in the country.

TITLE VI - PHILIPPINE FORENSIC DNA DATABASE
SECTION 9. Establishment of a Philippine Forensic DNA Database - A
Forensic DNA database to be known as the Philippine Forensic DNA Database
(PFDD) is hereby established to store Forensic DNA profiles and any information in
relation thereto from any forensic DNA analysis in the country. The database shall
consist of the following indices classified as follows:
a. For purposes of criminal identification, a crime scene index, a convicted
offenders index and a victims index;

b. For purposes of finding missing persons and identifying human remains, a
missing persons index, a relative/s of missing persons index, and a human
remains index; and

¢. For purposes set out in (a) and (b), and for other purposes, voluntary index.


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SECTION 10. Management, Sharing and Access to Information. ~ The DOJ, DILG,
NBI, PNP, and NPC shall promulgate the necessary rules and regulations for the
management of and access to the database. The DOJ, DILG, NBI, PNP, and other law
enforcement agencies shall share, subject to the provisions of the Data Privacy Act,
and integrate all existing forensic DNA profiles in their respective databases into the
PFDD.

TITLE VO

‘CRIMINAL ACTS AND PENALTIES

SECTION 11. Tampering of Genomics Records and Forensic DNA Profiles. ~
Any person who shall knowingly make any false entry or falsely alter any sample,
record or profile or otherwise contained in the database; or who shall intentionally
destroy, mutilate, conceal, remove or otherwise impair the verity or availability of
Genomics records or Forensic DNA profile shall suffer the penalty ranging from
twelve (12) years to Twenty (20) years or a fine not less than One Million Pesos
(PhP1,000,000.00) but not more than Five Million Pesos (PhP5,000,000.00).

SECTION 12. Improper Disclosure of Genomics Records and Forensic DNA
Profiles. - Any person who, by virtue of employment or official position, has
possession of, or access to individually identifiable genomics and forensic DNA
information indexed or otherwise contained in the database as referred to in this Act
and who knowingly and willfully discloses such information in any manner to any
person or agency not entitled to receive it to the prejudice and detriment of the public
or person from whom the said genomics information was taken shall suffer the
penalty of imprisonment ranging from six (6) years to twelve (12) years and a fine of
not less than Five hundred thousand pesos (Php500,000.00) but not more than Four

million pesos (Php4,000,000.00)


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SECTION 13. Improper Access to and Use of Genomics Records and Forensic
DNA Profiles. - Any person who, without proper authorization, knowingly and
willfully obtains any individual identifiable information indexed or contained in the
database shall suffer the penalty of imprisonment ranging from three (3) years to six
(©) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but
not more than Four million pesos (Php4,000,000.00).

SECTION 14. Failure to Deliver Genomics Records and Forensic DNA
Profiles. — Any person who shall possess a genomics record in the database and refuse
to deliver the same upon request of a person lawfully entitled to receive the same shall
suffer the penalty ranging from three (3) years to six (6) year or a fine of not less than
Four Hundred Thousand Pesos (Php400,000.00) but not more than Two million
(Php2,000,000.00): Provided, That no action, suit, prosecution or other proceedings
shall lie or be brought against the aforesaid person if he/she failed to deliver the
records for cause(s) outside his/her control.

TITLE VIII - MISCELLANEOUS PROVISIONS

SECTION 15. Implementing Rules. — Within ninety days upon effectivity of this
Act, all concerned agencies shall promulgate the necessary rules and regulations for
the implementation of this Act.

SECTION 16. Appropriations. - The amount necessary for the implementation
of this Act shall be included in the General Appropriations Act of the year following
its enactment into law and thereafter.

SECTION 17. Separability Clause - If any provision or part hereof, is held
invalid or unconstitutional, the remainder of the law or the provision not otherwise

affected shall remain valid and subsisting.


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SECTION 18. Repealing Clause - All the laws, orders, issuances, rules and
regulations or part thereof inconsistent with the provisions of this Act are hereby
repealed, amended, or modified accordingly.

SECTION 19. Effectivity Clause - This Act shall take effect within fifteen (15)
days after its publication in the Official Gazette or in at least two (2) newspapers of

general circulation, whichever comes earlier.

Approved,