Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Seventeenth Congress
First Regular Session

HOUSE BILL No, 5271

Introduced by Representative Karlo Alexei B. Nograles
and Representative Jericho Jonas B. Nograles

EXPLANATORY NOTE
Section 10, Article XIV of the 1987 Constitution provides:

“SEC. 10. 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, training 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.”

In furtherance of this constitutional mandate, the establishment of a
forensic investigation and scientific research agency is sought considering that
innovative forensic science applications have been utilized aggressively by the
legal system in search for truth. It is also recognized that forensic science yields
reliable results.

In the United States, several death row inmates have been exonerated
using Deoxyribonucleic Acid or DNA profiling and other forensic examinations
like finger printing and ballistic tests. Using forensic science can precisely
pinpoint the guilt or innocence of the accused thereby eliminating the possibility
of convicting the innocent.

Modern forensic science is relatively new in the Philippines, with forensic
laboratory caseloads handled by the National Bureau of Investigation, Philippine
National Police and the Philippine Drug Enforcement Agency which are all law
enforcement agencies. Court dockets are clogged due to several postponements
of hearings either due to the unavailability of the medico legal officer handling


the case, unavailability of a forensic expert to testify on the evidences gathered
or the absence of forensic testing because it is costly and difficult to obtain.

This bill seeks to establish the Philippine Forensic Science Agency that is
independent, impartial, credible, committed to ferreting the truth, and equipped
with the highest standards of professional excellence in the practice of forensic
science. The creation of the agency is also aimed at aiding our legal system in
the pursuit of justice. With the establishment of an independent forensic agency
sufficient to meet the demands of our courts of law, it will accelerate the
disposition of numerous criminal cases all over the country and at the same time
avoid the conviction of a person wrongfully charged of an offense.

In view of the foregoing, approval of this bill is earnestly sought.

JERICHO - NOGRALES ALEXEI B. NOGRALES


Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Seventeenth Congress
First Regular Session

HOUSE BILL No. 5271

Introduced by Representative Karlo Alexei B. Nograles
and Representative Jericho Jonas B. Nograles

AN ACT
ESTABLISHING THE PHILIPPINE FORENSIC SCIENCE AGENCY,
DEFINING ITS POWERS AND FUNCTIONS, AND APPROPRIATING
FUNDS THEREFOR

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

SECTION 1. Short Title. — This Act shall be known as the “Philippine
Forensic Science Agency Act.”

SEC. 2. Declaration of Policy. — It is the policy of the State to create an
independent and functionally integrated agency with expanded structure,
capability and manpower that is responsive to the demands of the country’s
modern forensic needs. Toward this end, the State shall maintain an
independent, effective, modern, gender-responsive and competent forensic
science agency manned by highly trained personnel and equipped with advanced
and sophisticated laboratory equipment.

SEC. 3. Definition of Terms. — As used in this Act:

a) Forensic refers to any act relating to, or denoting the application of
scientific methods and techniques in the investigation of a crime;

b) Forensic laboratory refers to the facility or facilities of the

Philippine Forensic Science Agency devoted exclusively for the examination of


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forensic evidence and research of scientific knowledge, methods and techniques
relative to the investigation, detection, collection and preservation of evidence;
and

c) Forensic agent refers to any qualified personnel with an advanced
degree or substantial education, training, or experience in forensic examination
or analysis, with specialized skills in the application of scientific method in the
investigation of a crime to ensure the efficiency and reliability of the desired
outcome.

SEC. 4. Philippine Forensic Science Agency. — The Philippine Forensic
Science Agency, hereinafter referred to as the Agency, is hereby established
under the administrative control and supervision of the Secretary of Justice. The
Agency shall provide accurate, timely and relevant data to assist the public, law
enforcement agencies and the judiciary in the successful investigation, handling
and prosecution of crimes.

SEC 5. Powers and Functions. — The Agency shall exercise the following
powers and functions:

a) Establish and maintain forensic laboratories preferably in every region
to aid the public, law enforcement agencies and the judiciary in the investigation,
prosecution and disposition of crimes;

b) Provide technical assistance to the public, law enforcement agencies
and the judiciary in the collection, handling and preservation of evidence, and
render expert opinion on the forensic examinations conducted so as to improve the
administration of justice;

c) Conduct research studies for the development and advancement of
scientific methods and techniques in the various forensic science fields;

d) Upgrade the skills of government personnel by providing them
sufficient training in forensic science to minimize human error in forensic

examinations;


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e) Maintain a national database on all forensic examinations conducted
by the Agency, including Deoxyribonucleic Acid (DNA) records of civilians and
offenders;

f) Promote general awareness on matters relating to forensics; and

g) Perform any other function connected with or ancillary to the above
functions.

SEC. 6. Executive Director. ~The Agency shall be headed by an executive
director who shall be appointed by the President of the Philippines and shall be
responsible for the efficient implementation of this Act. The executive director
shall be appointed based on the qualifications herein provided and shall have a term
of four (4) years. The executive director may be reappointed to another term but
shall in no case serve for more than eight (8) years. The executive director may
only be removed for cause in accordance with the rules and regulations prescribed
by the Civil Service Commission.

The executive director must be a Filipino citizen, at least thirty-five (35)
years of age, of good moral character and unquestionable integrity, with recognized
competence and a degree holder with at least ten (10) years supervisory or
management experience in the field of law or medical science.

SEC. 7. Powers and Functions of the Executive Director. — The executive
director shall be the chief executive officer of the Agency and shall exercise the
following powers and functions:

a) Ensure that the Agency performs its function in a proper, efficient
and effective manner specifically, to carry out the purposes and policies
established in this Act, enforce the rules and regulations issued pursuant to this
Act, and primarily be vested with authority to take charge of the technical and
operational phase of the Agency;

b) Decide the objectives, strategies and policies of the Agency in
accordance with the provisions of this Act;

c) Determine the organizational structure of the Agency, establish a

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human resource management system based on merit and fitness and adopt a
rational compensation and benefits scheme;

d) — Promulgate policies and guidelines for the following:

1) Promotion and development of competent, scientific and
advance technical services for the detection and investigation of crimes;

2) Protocols and methods of testing including examination
methods and guidelines for the presentation of results in court; and

3) Imposition and fixing of reasonable charges and fees for
forensic examinations and other services rendered by the Agency;

e) — Create plans for the implementation of new programs, upgrade
existing programs by incorporating modern methods and techniques and
eliminate programs which are no longer needed;

f) Administer the national database on all forensic examinations
conducted by the Agency, including DNA records of civilians and offenders;

g) Upon its own initiative or the recommendation of the deputy
executive director for legal affairs or an application of a private person accused
of a crime who cannot afford to pay the schedule of fees for DNA or any other
forensic examinations, grant an exemption or substantial discount in the
payment thereof;

h) Determine, from time to time, subject to availability of funds and
the approval of the Secretary of Budget and Management, the limit of reasonable
allowances, incentives, bonuses, privileges, and other benefits which may be
given to the Agency’s personnel;

i) Create or abolish any division or unit and positions therein as may
be required by the exigencies of the service, subject to the endorsement of the
President of the Philippines and approval of the Department of Budget and
Management (DBM);

dD Hire consultants, subject to pertinent laws, rules and regulations, as

may be deemed required by the exigencies of the service;


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k) Remove, suspend, or otherwise discipline personnel for cause, in
accordance with civil service rules and regulations and other pertinent laws;

1) Accept donations and grants; and

m) Perform such other functions as may be provided by law.

SEC. 8. Offices of the Agency. ~ The following permanent offices of
the Agency, each headed by a Deputy Executive Director, are hereby established
and shall perform the following duties and functions:

a) Administrative Management Service. — Responsible for the human
resources management and development including the initial stage of
recruitment, personnel welfare development, procurement and supply
management, printing and reproduction of the Agency’s documents and medical
and dental needs of the Agency's personnel.

b) Financial Management Service. — Responsible for the management
of the finances of the Agency like budgeting, accounting, disbursement,
collection, remittances to the Bureau of Internal Revenue (BIR), Government
Service Insurance System, Philippine Health Insurance Corporation and Home
Development Mutual Fund and preparation of financial reports for submission to
the DBM, Commission on Audit, BIR and other government regulatory agencies.

c) Legal Service. — Provide adequate legal assistance and support to
the executive director and to the Agency, as a whole, in the exercise of its
powers as provided for under this Act. The imposition of any administrative
sanction for erring officials and employees shall be within the exclusive
determination and recommendation of the legal service.

d) Information and Communication Technology Service. —
Responsible for the computer programs of the different offices of the Agency
including local area network, computerized accounting systems, inventory
systems, procurement and supply management systems and _inter-office
connectivity. It shall also be responsible for the operation, maintenance and

control of the national database of all forensic examinations conducted by the

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Agency including DNA records of civilians and offenders.

©) Forensic Operations and Research Service. — Responsible for the
conduct of all forensic examinations and the operation of forensic laboratory and
research facilities including the operation of training schools and advancement
of the knowledge and capabilities of forensic agents in all fields of forensic
science.

f) Engineering and General Services Office. — Responsible for the
repairs and maintenance of buildings, equipment, furniture and fixtures,
transport facilities, regional offices, regional laboratories and all other properties
and equipment of the Agency.

SEC. 9. Deputy Executive Directors. — The deputy executive directors
who shall head the permanent offices established in Section 8 of this Act must
be Filipino citizens, at least thirty-five (35) years of age, of good moral character,
unquestionable integrity, recognized competence and a degree holder with at
least five (5) years supervisory or management experience in the field of law or
medical science, except for the position of deputy executive director for
financial management service, information and communication technology
service, and engineering and general services office, whose field of
specialization must be accounting or financial management, computer science or
computer engineering, and civil engineering or architecture, respectively.

SEC. 10. Regional Offices. ~The Agency shall establish a regional office in
every region to be headed by a regional director. Field offices may also be
established and maintained by the executive director as the need arises.

The regional director shall be responsible for the day to day operation of
the regional offices. They shall supervise forensic agents within their
jurisdiction and render opinion on gray areas not specifically pinpointed by the
accuracy of forensic examination and, if required by the court, attend hearings
pertaining to the forensic analysis conducted by their forensic agents.

SEC. 11. Qualification of Regional Directors. — Regional directors must

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be Filipino citizens, at least thirty-five (35) years of age, of good moral character,
unquestionable integrity, recognized competence and a degree holder with at
least five (5) years supervisory experience in the field of law or medical science.

SEC. 12. Regional Laboratories. — There shall be established at least one
(1) forensic laboratory each in every region. The main forensic laboratory in the
National Capital Region shall serve as the central office of the Agency and shall
assist all regional laboratories in Luzon.

The main forensic laboratories in Cebu and Davao shall serve as support
unit to regional laboratories in the Visayas and Mindanao. Forensic laboratories
may be increased by the executive director upon approval of the President of the
Philippines.

SEC. 13. Integration of Existing Forensic Laboratories. — The crime
laboratory of the Philippine National Police (PNP), the forensic laboratory of the
National Bureau of Investigation (NBI) and the forensic laboratory of the
Philippine Drug Enforcement Agency (PDEA) are hereby integrated into the
Agency. They shall continue with the performance of their tasks and their
respective personnel shall be considered on special assignment to the Agency
until such time that the organizational structure of the Agency is fully
operational and the rules and regulations on the absorption of personnel from the
PNP, NBI and the PDEA are promulgated by the executive director of the
Agency: Provided, That such personnel who are affected shall have the option
of either being integrated into the Agency or remain with their original mother
agencies and shall, thereafter, be immediately reassigned to other units therein
by the head of such agencies. Such personnel who are transferred, absorbed and
integrated in the Agency shall be extended appointments to positions similar in
rank, salary, and other emoluments and privileges granted to their respective
positions in their original mother agencies. The transfer, absorption and
integration of the different offices and units provided for in this section shall
take effect within eighteen (18) months from the effectivity of this Act:

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Provided, further, That personnel from the PNP, NBI and PDEA considered on
special assignment with the Agency shall be given two (2) years from the
approval of the organizational structure of the Agency to finally decide on
whether they are joining the Agency or are returning to their mother units.

Nothing in this Act shall mean a diminution of the investigative powers of
the PNP, NBI and the PDEA on all crimes as provided for in their respective
organic laws: Provided, That the PNP, NBI, and the PDEA shall maintain close
coordination with the Agency on all matters relating to forensic examinations for
crimes being investigated by their respective offices.

SEC. 14. Organizational Structure. — The organizational structure and
staffing pattern of the Agency shall be prescribed and approved by the Secretary
of Justice within ninety (90) days after the effectivity of this Act and the
authorized positions created therein shall be filled by regular appointments by
the President or the Secretary as the case may be.

SEC. 15. Authority to Operate Training Schools. — The executive
director may operate a school for the purpose of recruitment, training and
development of employees of the Agency in those subjects necessary for the
proper performance of all authorized functions of the Agency. The executive
director may also authorize its employees to attend seminars, trainings and short
courses offered by private or government educational institutions or to obtain
scholarship grants from foreign governments to harness their skills in the field of
forensic science.

SEC. 16. Offset of Training Costs. — The executive director is hereby
authorized, where appropriate, to require payment of appropriate consideration
to offset the costs of training provided by the school.

SEC. 17. Fees. — The Agency may assess and collect reasonable fees for
services rendered in the following areas:

a) — Forensic examination, laboratory fees or certification fees;

b) Incidental income from trainings, conventions, seminars, journals,

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publications and the like;

¢) Proceeds from the sale of confiscated or forfeited articles after
public auction from the cases investigated by the Agency upon order of the court;
and

d) Other fees that may be imposed by the executive director.

SEC. 18. Forensic Analysis Admissible as Evidence. —a) In any civil or
criminal proceedings, an analysis of the forensic sample that states the result of
the forensic examination, signed and sworn to by the forensic agent and duly
noted by the immediate supervisor of the forensic agent performing the analysis
may be admissible in evidence.

b) A forensic analysis, to be admissible under this section, shall be
performed in accordance with the rules of procedures adopted by the Agency.

c) The forensic agent who conducted the forensic examination shall
sign the report and complete an affidavit in a form prescribed by the Agency.

The affidavit shall state that:

1) The forensic agent is qualified by education, training and
experience to perform the forensic examination;

2) The name and location of the laboratory where the forensic
examination was performed;

3) The forensic examination conducted was part of the agent’s
regular duties;

4) The test was performed pursuant to the Agency’s standards
for that discipline; and

5) The sample was collected, handled, examined and stored in
accordance with established rules of procedure of the Agency.

The affidavit shall be sufficient to constitute prima facie evidence
regarding the qualification of the forensic agent.

The forensic agent shall attach the affidavit to the laboratory report that is

sworn to and properly executed before an official authorized to administer oaths.

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It is admissible in evidence without further authentication in any civil or
criminal proceedings with respect to the forensic analysis administered and the
procedures followed.

SEC. 19. Review Process. — Questions regarding the mode of taking,
handling, preservation, storage, custody and identification of samples of forensic
examinations may be brought before the office of the regional director whose
decision shall be final, except, when the question relates to the identity of a
person accused of a crime and the imposable penalty is death, in which case, the
findings of the regional director shall be reviewed automatically by the
executive director whose decision shall be final. However, any aggrieved party
may request for a parallel forensic analysis, in which case, if the findings of a
third party who conducted the parallel forensic examination, is not at par with
the findings of the Agency, the aggrieved party may request for a re-examination.

The Agency shall ensure that all stakeholders are served with forensic
findings imbued with independence and integrity.

SEC. 20. Confidentiality. — All forensic records that may hereafter be
encoded in the database of the Agency remains confidential and shall not be
disclosed without the prior written consent of the party affected or a court order
where the result of the forensic examination is needed as evidence in any civil or
criminal proceedings.

SEC. 21. Disposition of Receipt. — All money collected by the Agency
under the provisions of this Act shall constitute a revolving fund and shall be
disbursed for the construction, repair, maintenance and improvement of forensic
laboratories and equipment of the Agency. Any surplus may be used for such
other expenses as may be necessary, appropriate or incidental in connection
therewith.

SEC. 22. Transfer of Unexpended Funds, Properties, Records and
Documents. — All unexpended appropriations, real and personal properties,
contracts, records and documents of the crime laboratory of the PNP, the

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forensic laboratory of the NBI and the forensic laboratory of the PDEA shall be
transferred to the Agency.

SEC. 23. Appropriations. — In addition to the unexpended appropriation
of the PNP crime laboratory, NBI forensic laboratory and PDEA forensic
laboratory herein transferred, the sum of One hundred fifty million pesos
(P150,000,000.00) is hereby authorized to be appropriated out of any funds in
the National Treasury not otherwise appropriated to carry out the provisions of
this Act. The appropriation may be augmented by the income which the agency
is authorized to use under this Act. Thereafter, such sums as may be necessary
for the continued implementation of this Act shall be included in the annual
General Appropriations Act.

SEC. 24. Implementing Rules and Regulations. — Within one hundred
twenty (120) days after the approval of this Act, the Secretary of Justice in
coordination with the PNP, NBI and PDEA shall promulgate the necessary rules
and regulations for the effective implementation of this Act.

SEC. 25. Separability Clause. — \f any provision or part of this Act is
declared invalid or unconstitutional, the remaining parts or provisions not
affected shall remain in full force and effect.

SEC. 26. Repealing Clause. — All laws, executive orders, issuances,
circulars or rules and regulations inconsistent with the provisions of this Act are
hereby repealed, amended or modified accordingly.

SEC. 27. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,