'THIRTEENTH CONGRESS OF THE 
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Second Regular Session 
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REPUBLIC OF THE PHILIPPINES 
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Y:, 
S E N A T E  
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S. B. NO. - 
Introduced by SENATOR EDGARDO J. ANGARA 
EXPLANATORY NOTE 
With the exception of identical twins, every person's DNA is uniquely his 
and his alone -this has made DNA samples one of the most important pieces of 
evidence from crime scenes. 
Any type of organism can be identified by examination of DNA sequences 
unique to that species. To identify individuals, forensic scientists scan 13 DNA 
regions that vary from person to person and use the data to create a DNA profile 
of that individual (sometimes called a DNA fingerprint). A "match allow DNA 
experts to identify an individual as a suspect or exclude him from suspicion. 
DNA analysis is found to have several uses for forensic investigation, 
including, but not limited to the: 1) Identification of potential suspects whose 
DNA may match evidence left at crime scenes; 2) Exoneration of persons 
wrongly accused of crimes; 3) Identification of crime and catastrophe victims; 4) 
Establish paternity and other family relationships, through its variable number 
tandem repeats (VNTR) patterns; 5) Identification of endangered and protected 
species as an aid to wildlife officials (could be used for prosecuting poachers); 6) 
Detection of bacteria and other organisms that may pollute air, water, soil, and 
food; 7) Match organ donors with recipients in transplant programs; and 8) 
Determination of pedigree for seed or livestock breeds.. 
This bill will focus mainly on the capacity of forensic DNA technology to 
contribute to the criminal justice system. Specifically, this bill will provide the 
statutory authority for the creation of the National DNA Index System (NADIS) 
in the country. Only the following types of DNA data may be stored in the 
NADIS, administered by the NBI Director: 
DNA identification records of persons convicted of crimes; 
analyses of DNA samples recovered from crime scenes; 
analyses of DNA samples recovered from unidentified human remains; 
and 
analyses of DNA samples voluntarily contributed from relatives of 
missing persons. 
DNA forensic technology has altered the landscape of the criminal justice 
system. It can be used to identify criminals with incredible accuracy when 
biological evidence exists, and it can also be used to clear suspects and exonerate 
. 
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persons mistakenly accused or convicted of crimes. This is not a panacea to all of 
society’s ills, true. But it has and it continues to place a human face on the 
statistical probability of error that has always existed in our criminal system. For 
the most part (outside of gross human error), the actual technology of DNA 
typing is considered unquestionably sound and reliable by the scientific 
community and the courts (US. 
v. Jukobetz 1992). 
I am strongly optimistic that enhancing the generation and use of genetic 
information thru DNA analyses will contribute greatly to the investigation and 
expeditious resolution of crimes. 
For these reasons, I strongly urge the immediate passage of this bill. 
EDGARD 
a d p r  
ANG RA 
Senator 
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THIRTEENTH CONGRESS OF THE 
1 
Second Regular Session 
) 
REPUBLIC OF THE PHILIPPINES 
) 
S E N A T E  
~ 
INTRODUCED BY SENATOR EDGARDO J. ANGARA 
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AN ACT INSTITUTING REFORMS IN THE CRIMINAL JUSTICE SYSTEM 
BY ENHANCING DNA TECHNOLOGY ANALYSIS AS A POTENT 
INVESTIGATIVE TOOL, CREATING THE DNA ADVISORY BOARD 
UNDER THE NATIONAL BUREAU OF INVESTIGATION, 
AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives in Congress duly 
assembled: 
SECTION 1. Short Title. This Act may be cited as the ”DNA Analysis 
Enhancement Act of 2006.” 
SEC.2. Declaration ofPolicy. It is hereby declared the policy of the State 
to establish and maintain a fair, responsible, ethical and efficient criminal justice 
system. The State likewise reaffirm the goals of the United Nations in the field of 
crime prevention and criminal justice, specifically, more efficient and effective 
law enforcement and administration of justice, respect for human rights and 
fundamental freedoms, and the promotion of the highest standards of fairness, 
humanity, and professional conduct. 
Towards this end, the State shall provide a statutory framework for the 
creation and establishment of a centralized and nationwide DNA database 
system for collection, storage, and maintenance of genetic identification 
information and empower pertinent government agencies to analyze, sample, 
type, and record any and all genetic markers contained in or derived from DNA. 
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SEC.3. Objectives. This Act shall endeavor to achieve the following: 
1. Establish a comprehensive national DNA database for the country; 
2. Eliminate the substantial backlog of DNA samples collected from crime 
scenes and convicted offenders; 
3. Improve and expand the DNA testing capacity of the National Bureau of 
Investigation (NBI), Philippine National Police and the University of the 
Philippines (UP) 
local crime laboratories; 
4. Increase research and development of new DNA testing technologies; and 
5. Develop new training programs regarding the collection and use of DNA 
evidence, and to provide post-conviction testing of DNA evidence to 
exonerate the innocent. 
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SEC.4. Definitions. For purposes of this Act, 
(1) "DNA or Deoxyribonucleic Acid'' is any various nucleic acid found in cell 
nuclei and special genes that yield deoxyribose as one product of 
hydrolysis, and is associated with the transmission of genetic information; 
(2) "DNA sample" means any biological specimen or sample of an individual 
which may either be a) intimate samples, like blood, semen or any other 
tissue fluid, urine or pubic hair, dental impressions, or a swab taken from 
a person's body orifice other than the mouth; orb) non-intimate samples, 
like a plucked hair other than pubic hair; sample from a nail; or a swab of 
saliva on which a DNA analysis can be carried out; 
(3) "DNA typing" shall involve extracting the DNA from a specimen such as 
blood, semen, or saliva, then amplifying specific regions of the DNA to 
determine a DNA profile; 
(4) "DNA profiling" is a process where a minute sample of genetic DNA 
material is taken from a human tissue and is given a computerized 
numeric value in the form of a "bar code;" 
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(5) "Forensic DNA analysis'' means analysis of the deoxyribonucleic acid 
(DNA) identification information in a bodily sample; 
(6) "Law enforcement agencies of the Government" shall refer to the 
Philippine National Police Crime Laboratory Group and the National 
Bureau of Investigation; 
(7) "National Bureau of Investigation (NBI) " refers to the government 
agency created by virtue of Commonwealth Act No. 181 (13 November 
1936), as amended by Republic Act No. 157 (19 June 1943, and Executive 
Order No. 94 (4 October 1947); 
(8) "National DNA Index System (NADIS)" 
is the country's central 
repository of DNA samples created under this Act; and 
(9) "UP-NSRI (Natural Sciences Research Institute) DNA Analysis 
Laboratory" or the UP-NSRI DAL is the research and extension service 
laboratory of the University of the Philippines created in 1997 with funds 
from the Office of the President and tasked with pioneering the 
development of the national capability for forensic DNA typing. 
SEC. 5. Establishment of a National DNA Index System (NADIS). There 
shall be established a National DNA Index System (NADIS) in the country for 
the following purposes: 
a) Assist law enforcement agencies of the government in the positive 
identification, detection, or exclusion of persons who are the subjects of 
investigations or prosecutions of sex-related crimes and other violent 
crimes in which biological evidence is received or recovered; 
b) Support identification research and protocol development of DNA 
forensic methods; 
c) Create and maintain DNA quality control standards; 
d) Assist in the recovery or identification of human remains from natural or 
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man-made disasters; 
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e) Assist law enforcement agencies in performing DNA analysis of crime 
scene evidence in casework for which there are no suspects; and 
f) Assist in humanitarian causes, including, but not limited to, the 
identification of missing, deceased or unidentified persons. 
The NADIS shall also contain DNA analyses of samples from crime scenes. 
To increase the capacity of laboratories owned by the government and to 
carry out DNA analyses of samples specified in Section 7, a) a comprehensive 
plan for the expeditious DNA analysis of samples shall be formulated; and b) a 
certification that each DNA analysis caxried out under the plan shall be 
maintained pursuant to the privacy requirements. 
SEC. 6. Quality Assurance Standards. 
(A)The Director of the National Bureau of Investigation shall maintain and 
make available to the public a description of quality assurance protocols 
and practices that the Director considers adequate to assure the quality of 
a forensic laboratory; 
(B) Further, the Director of the National Bureau of Investigation shall 
establish requirements for the performance of DNA analyses by private 
forensic laboratories, including quality assurance standards, state-of-the- 
art testing methods, and other requirements that the Director considers 
appropriate; and 
(C) For purposes of this section, a laboratory satisfies quality assurance 
standards if the laboratory satisfies the quality control requirements to be 
formulated by the DNA Advisory Board of the Department of Justice 
(DOJ). 
SEC 7. DNA Advisoy Board. There is hereby created a DNA Advisory 
Board, hereinafter referred to as the "BOARD" under the National Bureau of 
Investigation of the DOJ, and shall include as members scientists from public and 
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private forensic laboratories; and molecular geneticists and population 
geneticists not affiliated with a forensic laboratory. 
SEC. 8. Funcfions of the DNA Aduisory Board. The Board shall perform 
the following functions: 
(1) Develop, and whenever appropriate, periodically revise, recommend 
standards for quality assurance, including standards for testing the 
proficiency of forensic laboratories, and forensic analysts, in conducting 
analysis of DNA; 
(2) Recommend standards which specify criteria for quality assurance and 
proficiency tests to be applied to the various types of DNA analyses used 
by forensic laboratories, including statistical and population genetics 
issues affecting the evaluation of the frequency or occurrence of DNA 
profiles calculated from pertinent population database(s); 
(3) Recommend standards for acceptance of DNA profiles in the National 
DNA Index System (NADIS) which take account of relevant privacy, law 
enforcement and technical issues; and 
(4) To make recommendations for a system for grading proficiency testing 
performance to determine whether a laboratory is performing acceptably. 
The Director of the National Bureau of Investigation, after taking into 
consideration such recommended standards, shall issue (and revise from time to 
time) standards for quality assurance, including standards for testing the 
proficiency of forensic laboratories, and forensic analysts, in conducting analyses 
of DNA. 
The standards described in paragraphs (I), (2), and (3) shall specify 
criteria for quality assurance and proficiency tests to be applied to the various 
types of DNA analyses used by forensic laboratories. The standards shall also 
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include a system for grading proficiency testing performance to determine 
whether a laboratory is performing acceptably. 
SEC.9. Authorized Personnel to Collect DNA Samples. Biological or DNA 
samples submitted for forensic analysis shall only be collected by authorized 
personnel including, but not limited to a physician, medico-legal officer, a 
registered nurse, a laboratory technician, or a phlebotomist, whose qualifications 
are determined pursuant to rules and regulations adopted for the purpose. 
SEC.10. Collection and Use of DNA Identification Information from 
Convicted Offenders. 
(a) Collection of DNA Samples. - 
(a.1) From Individuals in Custody. The Director of the Bureau of 
Prisons shall collect a DNA sample from each individual in the 
custody of the Bureau of Prisons who is, or has been, convicted of 
an offense; 
(a.2) #rom Individuals on Release, Parole, or Probation. The probation 
office responsible for the supervision under Federal law of an 
individual on probation, parole, or supervised release shall collect 
a DNA sample from each such individual who is, or has been, 
convicted of an offense; 
(b) Collection Procedures. - 
(b.1) The Director of the Bureau of Prisons or the probation office, as 
appropriate, may use or authorize the use of such means as are 
reasonably necessary to detain, restrain, and collect a DNA 
sample from an individual who refuses to cooperate in the 
collection of the sample. 
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(b.2) The Director of the Bureau of Prisons or the probation office, as 
appropriate, may enter into agreements with government 
agencies or with private entities to provide for the collection of 
the samples described in sub-paragraphs (a.1) or (a.2). 
(c) Analysis and Use of Samples.- The Director of the Bureau of Prisons 
or the probation office responsible, as appropriate, shall furnish each 
DNA sample collected under subsection (a) to the Director of the 
National Bureau of Investigation, who shall carry out a DNA analysis 
on each such DNA sample and include the results in the NADIS. 
(d) Commencement of Collection. Collection of DNA samples under 
subsection (a) shall, subject to the availability of appropriations, 
commence not later than 180 days after the enactment of this Act. 
SEC. 11. Collection and Use of DNA Identification Information from 
Certain Offenders in the Armed Forces. 
(a) Collection of DNA Samples.- 
(a.1) The Secretary of National Defense shall collect a DNA sample 
from each member of the armed forces under the Secretary's 
jurisdiction who is, or has been, convicted of a qualifying military 
offense. 
(a.2) The Secretary concerned may enter into agreements with other 
government agencies, or private entities to provide for the 
collection of samples described in sub-paragraph (1). 
(b) Analysis and Use of Samples.- The Secretary concerned shall furnish 
each DNA sample collected under subsection, (a) to the Secretary of 
Justice. The Secretary of Defense shall carry out a DNA analysis on 
each such DNA sample and furnish the results of each such analysis to 
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the Director of the National Bureau of Investigation for inclusion in 
’ the NADIS. 
SEC.12. Powers and Limitations of Authorized Personnel to collect 
Biological Samples. A person authorized under this Act to collect biological 
sample may use reasonable force for the taking of non-intimate biological sample 
which does not require consent. 
a) Non-intimate samples can be taken only when: 
1. A person gives his consent in writing; 
2. A person has been convicted of an offense or a crime; 
3. When a person does not give his consent but he is in detention and 
there is a reasonable ground to believe that he is involved in the 
commission of a crime or offense and where the need of such a 
biological sample will tend to confirm or disprove his involvement 
in such a crime or offense; or 
4. When a person has been charged with or accused of a crime or 
offense and during the trial no non-intimate sample has been taken 
from him or that his biological sample was insufficient for forensic 
DNA testing; 
b) Intimate samples may only be taken upon consent of the person in writing 
and in the presence of his counsel. Said person whose intimate sample 
shall be taken must be a suspect in a crime or offense and that taking of 
such biological sample will be used to confirm or disprove his 
involvement in such an offense or a crime. 
SEC.13. Missing Persons Database. The Director of the National Bureau 
of Investigation shall expand the National DNA Index System (NADIS) to 
include information on missing persons, including analyses of DNA samples 
voluntarily contributed from relatives of missing persons. 
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SEC. 14. Samples. To support the nationwide National DNA Index 
System, submission to DNA sampling may be required of all employees of both 
public and private institutions. 
SEC. 15. Privacy Protection Standards. DNA records collected and 
maintained for the purpose of identification of criminal suspects or offenders 
shall be disclosed only: 
To criminal justice agencies for law enforcement identification purposes; 
In judicial proceedings, if otherwise admissible, following applicable laws 
and rules of procedure; 
For criminal defense purpose, to a defendant, who shall have access to 
samples and analysis found in connection with the case in which such 
defendant is charged; and 
EXCEPTION If personally identifiable information is removed, test 
results may be disclosed for a population statistics database, for 
identification research and protocol development purposes, or for quality 
control purposes. 
SEC. 16. Biological Sample or Genetic Markers derived from DNA as 
Evidence. Expert testimony or evidence relating to the use of these biological 
sample or genetic markers contained in or derived from DNA for identification 
shall be admissible and accepted as evidence in all cases arising in all courts or 
proceedings in the country, Pvovided, however, That the trial courts or other quasi- 
judicial bodies shall be satisfied that the expert testimony or evidence meets the 
criteria for admissibility under the existing evidentiary rules. 
SEC.17. Criminal Penalties. 
A) Criminal Penalties for Tampering with DNA Samples and Records. Any 
person who shall knowingly make any false entry or falsely alter any 
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DNA record or profile indexed or otherwise contained in the DNA 
database system or nationwide DNA repository; or who shall 
intentionally destroy, mutilate, conceal, remove or otherwise impair the 
verity or availability of DNA records or profile with the lack of knowledge 
to do so; or who shall possess a DNA record in the DNA database system 
or nationwide DNA repository and refuse to deliver such DNA records 
upon proper request of a person lawfully entitled to receive the same shall 
suffer the penalty of six (6) years imprisonment or a fine not to exceed 
Two Hundred Thousand Pesos (P 200,000.00) or both, at the discretion of 
the court; 
Criminal Penalties for Improper Disclosure of DNA Samples and Records. 
Any person who, by virtue of employment or official position, has 
possession of, or access to, individually identifiable DNA information 
indexed or otherwise contained in the DNA database system 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 DNA 
sample / information was taken shall suffer the penalty of four (4) years 
imprisonment or a fine not to exceed One Hundred Fifty Thousand Pesos 
(P 150,000.00) or both, at the discretion of the court; and 
Criminal Penalties for Improper Access to and Use of DNA Samples and 
Records. Any person who, without authorization from the PNP Crime 
Laboratory, the National Bureau of Investigation or the DNA Laboratory 
in UP Diliman, knowingly and willfully obtains DNA samples or any 
individual identifiable DNA information indexed or contained in the 
DNA database system shall suffer the penalty of two (2) years 
imprisonment or a fine not exceeding One Hundred Thousand Pesos (P 
100,000.00) or both, at the discretion of the court. 
SEC. 18. Implementing Rules and Regulations. Within one hundred and 
twenty (120) days, the DNA Advisory Board Except those which are reserved by 
the Constitution to the Supreme Court, the necessary rules and regulations for 
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the implementation of this Act shall be jointly promulgated by the Department of 
Justice and Department of Social Welfare and Development. 
SEC.19. 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. 
An initial amount of Fifty Million Pesos (Pl00,000,000.00) for the purpose 
of setting up the NADIS and the DNA Advisory Board shall be taken from the 
proceeds of the Philippine Charity Sweepstakes Office (PCSO). 
SEC.20. Separability Clause. If any provision of this Act or an application 
thereof to any person or circumstance is held to be invalid, the other provisions 
of this Act, and the application of such provision to other persons or 
circumstances, shall not be affected thereby. 
SEC.21. Repealing Clause. All existing laws, orders, rules and regulations 
or parts thereof deemed inconsistent with the provisions of this Act are hereby 
repealed or modified accordingly. 
SEC.22. Effectivity. This Act shall take effect fifteen (15) days following 
the date of its publication in the Official Gazette or in at least two (2) newspapers 
of general circulation, whichever comes first. 
Approved, 
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