Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
First Regular Session

HOUSE OF ATIVES
uno bubs”

Introduced by Representative H. Harry L. Roque Jr.

AN ACT
IMPROVING DNA FACILITIES IN THE COUNTRY
EXPLANATORY NOTE

‘The Constitution, Article 14, Section 10 provides:
Science and technology are essential for national development and

Progress. The State shall give priority to research and development, invention,

innovation, and their utilization; and to science and technology education,

‘taining, and services. It shall support indigenous, appropriate, and self-reliant

Scientific and technological capabilities, and their application to the country’s

Productive systems and national life

Owing to the efficacy of forensic DNA analysis, the application of modem DNA
technology has played a crucial role in identity testing ' This technology has been utilized by
many countries around the world and has been the subject of numerous legislations?
Promoting the use of forensic DNA analysis both in criminal justice cases and mass fatalities,

$$$ —_—__
' Dr. Maria Corazon A De Ungria, Forensic DNA Analysis in Criminal Investigations, Philippine Journal
Of Science, 132 (1). 13-19 June 2003 (ISSN 0031-7683)
2 Some countries which already have DNA legislations are the members of the European Union, the United
States of America (both atthe federal and state level), Australia, Canada, Russia, Kenya and Malaysia,


In the Philippines, there is an increasing demand for DNA analysis both from the
Bovernment and private sector. This is why DNA laboratories were set up within the
Philippine National Police (PNP) and National Bureau of Investigation (NBI) while the DNA.
Analysis Laboratory under the UP Natural Sciences Research Institute (UP NSRI) and the
DNA Sequencing Facility at the newly-established Philippine Genome Center of the UP
National Institute for Molecular Biology and Biotechnology (UP NIMBB) cater mostly to
Private requests for the resolution of parentage issues. Noticeably, despite our growing
reliance on DNA analysis, there is a dearth of DNA legislation in the country.

‘This is particularly troubling since DNA Analysis is a most powerful tool for identity
testing especially in; (1) casework and (2) victim identification in mass fatalities. The value
of DNA analysis in casework has been Proven particularly in disputed parentage cases, post-
conviction DNA testing and crime scene investigations including the search for missing
Persons. This value is magnified in mass fatalities where it is often the case that the usual
modes of victim identification like dental comparisons and fingerprinting are not possible, so
DNA testing becomes the most conclusive mode of identification for fragmented, burnt or
decomposed remains. This was tested in the case of the 9/11 disaster (World Trade Center
attacks) where thousands of remains had to be identified using DNA analysis, At the local
level, it has been argued that an efficient DNA analysis system would have helped immensely
in victim identification in mass tragedies like in the Ondoy and Yolanda floods. A more
current example is the painstakingly long and arduous identification of the Kentex fire
victims which authorities have already declared would take many months before completion

For this reason, it is important that the State supports the capacity enhancement of
DNA facilities in the country. Capacity enhancement includes improving the infrastructure
‘and analytical capabilities of DNA laboratories in order to process DNA. samples more


efficiently and cost effectively, Hopefully, better DNA facilities can also pave the way for

advanced research to fast-track scientific breakthroughs in the field of DNA analysis.

H_HARRY L. ROQUE JR
3. This bill was originally filed by Senator Defensor Santiago im the Si
ular

ixtconth Congress of the Philippines, Second


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
First Regular Session

HOUSE OF REPRESENTATIVES
HB. No. 5983

Introduced by Representative H. Harry L. Roque Jr.

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

AN ACT
IMPROVING DNA FACILITIES IN THE COUNTRY
SECTION 1. Short Title. - This Act shall be known as the “DNA Capacity
Enhancement Act of 2015”.

SECTION 2. Declaration of Policy. ~ The State recognizes the need for improving
DNA facilities in the country to answer the increasing demand for DNA analysis for identity

testing in mass fatalities, casework and research

SECTION 3. Definition of Terms. ~ For purposes of this Act, the following terms
shall mean:
(@) The term “DNA analysis means analysis of the deoxyribonucleic acid (DNA)
‘identification information in a bodily sample
(b) The term “DNA facility” means any government institution, laboratory or office
which conducts DNA analysis in the country.


SECTION 4. DNA Capacity Enhancement Plan. — ‘The Secretary of Science and
Technology, in consultation with the heads of the government-funded DNA facilities
including the DNA Analysis Laboratories at the University of the Philippines, Philippine
National Police and the National Bureau of Investigation and the DNA ‘Sequencing Facility
of the Philippine Genome Center, shall draw up an annual DNA Capacity Enhancement Plan
that shall.

(a) Assess the prevailing capacities of existing government-funded DNA facilities in
the country im terms of equipment and human resources, and identify inadequacies
and areas of improvement;

(b) Propose the acquisition of necessary DNA analysis 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, wherever applicable;

(©) Promulgate rules and regulations regarding DNA analyses, methods and facilities,
including quality assurance protocols and practices that the international scientific
Community considers adequate to assure the quality ofa DNA laboratory; and

(d) Establish guidelines for better coordination and cooperation between government-
funded DNA facilities in the country so as to provide a more efficient DNA
analysis system.

SECTION 5. Restriction On The Use of Funds Appropriated Under This Act. ~ Any
part of funds received from a grant made under this Act shall be used strictly to develop or
improve government-funded DNA facilites in the country. Any DNA facility which receives
funding under this Act may not use more than ten percent (10%) of such funds for


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administrative expenses. For the purposes of this Act, administrative expenses do not include

research grants and trainings of DNA forensic experts.

SECTION 6, Report to Congress. — Not later than 90 days after the end of each fiscal
year, the Secretary of Science and Technology, in coordination with the heads of the
government-funded DNA facilities including the DNA Analysis Laboratories at the
University of the Philippines, Philippine National Police and the National Bureau of
Investigation and the DNA Sequencing Facility of the Philippine Genome Center, shall
submit to both Houses of Congress a report that includes ~

(a) The aggregate amount of funds made under this Part to each government-funded

DNA facility; and

(b) The summary of information provided by each government-funded DNA facility

regarding the use of such funds under this Act.

SECTION 7. 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.

SECTION 8. Repealing Clause. - All laws, orders, issuances, rules and regulations or
Part thereof inconsistent with the provisions of this Act are hereby repealed, amended or
modified accordingly.

SECTION 9. 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,