REPUBLIC OF THE PHILIPPINES:
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

5257

House Bill No.

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN III

EXPLANATORY NOTE

Article XIV, Section 10 of the Constitution declares the essentiality of science and technology
in national development and progress. It further states that research, development and its
utilization shall be prioritized in view of supporting self-reliant scientific and technological
capabilities which can contribute to the country's productive systems.

One of the most remarkable advances that science and technology has brought into the light is
the Deoxyribonucleic Acid (DNA) technology. This technology has been considered to be a
powerful mechanism in determining a person's identity. In countries such as ours, DNA
technology has become a useful tool in investigations and establishment of facts to resolve
civil, criminal, and other regulatory procedures because of its reliability.

In recognition of the forensic DNA technology's importance, a system of safe storage of the
documented results or other relevant data derived from this technology is indispensable. This
bill seeks to establish a forensic DNA database which shall keep and maintain DNA profiles
for the purpose of human identification in relation to forensic investigation.

This bill also includes the procedures on giving, taking and storing DNA samples that may be
used in assisting the recovery or identification of human remains from a disaster or for
humanitarian purposes, and identification of living or deceased persons.

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

MANUEL
Representative
Magdalo Para sa Pilipino Party-List

‘ABOCHAN IIL



REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 5257

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN III

AN ACT
TO PROVIDE FOR THE ESTABLISHMENT OF THE NATIONAL FORENSIC DNA
DATABASE, THE TAKING OF DNA SAMPLES, FORENSIC DNA ANALYSIS, THE
USE OF DNA PROFILES AND INFORMATION IN RELATION THERETO, AND
FOR OTHER PURPOSES

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

ARTICLE L
PRELIMINARY

SECTION 1. Title. — This Act shall be known as the "National Forensic DNA Database Act”.

SEC. 2. Declaration of Policy. - \t is hereby declared the policy of the State to adopt and
impose policies that shall broaden the national capability to conduct DNA testing and analyses
for forensic applications. It shall also be the State's policy to establish a system of storage for
these analyses to be kept and maintained for the purpose of human identification in relation to
forensic investigation in the country.

SEC. 3. Definition of Terms. — For purposes of this Act, the followings terms shall mean
(a) "appropriate consent" means-

(1) in relation to a person who is under the age of eighteen years, the consent in
writing of his parent or guardian;

(2) in relation to a person who has attained the age of eighteen years, the consent
in writing of that person; or

(3) in relation to a person in whom there is a condition of arrested or incomplete
development of mind or body whether such condition arises from inherent
‘causes or is induced by disease or injury and who is incapable of understanding
the general nature and effect of a forensic DNA analysis or is incapable of
indicating whether he consents or does not consent to give his intimate sample
or non-intimate sample, the consent in writing of his parent or guardian.

(b) "DNA" means deoxyribonucleic acid


()"DNA profile" means genetic information derived from DNA testing of a biological
sample obtained from a person, which biological sample is clearly identifiable as
originating from that person;

(d) "foreign law enforcement agency" means the law enforcement agency of a foreign
state and includes an international organization established by the government of states
or an international organization.

(e) "forensic DNA analysis" means any analysis carried out for the purpose of
determining a person's identity;

(0) “intimate sample” means

(1) a sample of blood, semen or any other tissue or fluid taken from a person's
body, urine or pubic hair; or

(2) a swab taken from any part of a person's genitals (including pubic hair) or
from a person's body orifice other than the mouth.

(g) "non-intimate sample" means:

(1) a sample of hair other than the pubic hair;

(2)a sample taken from a nail or from under a nail;

(3) a swab taken from any part of a person's body other than a part from which
a swab taken would be an intimate sample; or

(4) saliva;

ARTICLE IL
NATIONAL FORENSIC DNA DATABASE

SEC. 4. Establishment of National Forensic DNA Database. — A forensic DNA database, to
be known as the National Forensic DNA Database (NFDD), shall be established.

‘The National Forensic DNA Database shall consist of the following indices:

(a) a crime scene index which shall contain DNA profiles and any information in
relation thereto derived from an intimate sample or a non-intimate sample that is found-
(1) on anything or at any place where an offence was committed:
(2) on or within the body of a victim of an offence;
(3) on anything wor or carried by the victim of an offence at the time when the
offence was committed; or
(4) on or within the body of any person reasonably suspected of having
committed an offence;
(b) a suspected persons index which shall contain DNA profiles and any information in
relation thereto derived from an intimate sample or a non-intimate sample taken from
persons reasonably suspected of having committed an offence and includes suspects
who have not been charged in any court for any offence;
(c) a convicted offenders index which shall contain DNA profiles and any information
in relation thereto derived from an intimate sample or a non-intimate sample taken from
persons convicted of any offence under any written law;
(d) a detainee index which shall contain DNA profiles and any information in relation
thereto derived from an intimate sample or a non-intimate sample taken from a detainee;

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(e) a drug dependent’s index which shall contain DNA profiles and any information in
relation thereto derived from an intimate sample or a non-intimate sample taken from a
drug dependent;
(f) a missing persons index which shall contain DNA profiles and any information in
relation thereto derived from an intimate sample or a non-intimate sample taken from:

(1) the body or parts of the body of an unidentified deceased person;

(2) anything worn or carried by a missing person; or

(3) the next of kin of a missing person if so required; and
(g) a voluntary index which shall contain DNA profiles and any information in relation
thereto derived from an intimate sample or a non-intimate sample taken from a person
who volunteers to submit the same for the purpose of storage of the DNA information
in the NFDD.

SEC. 5. Objectives of National Forensic DNA Database. — The primary objective of the
NEDD is to keep and maintain the indices referred to in Section 4 of this Act for the purpose
of human identification in relation to forensic investigation.

The DNA profiles and any information in relation thereto kept and maintained in the NFDD
may be also used in assisting:

(a) the recovery or identification of human remains from a disaster or for humanitarian
purposes; and
(b) the identification of living or deceased persons.

ARTICLE Il
NATIONAL FORENSIC DNA CENTER

SEC. 6. National Forensic DNA Center, — The National Forensic DNA Center (NFDC) shall
be established which shall manage the NFDD. The NFDC shall be an attached agency of the
Department of Justice

SEC. 7. Powers and Functions of the National Forensic DNA Center. - The NFDC shall
have all such powers as may be necessary for, or in connection with, or incidental to the
performance of its function under this Act, including the following:

(a) to be responsible for the general conduct, administration, and management of the

(b) to establish mechanisms to facilitate the collection, storage and dissemination of
data in connection with DNA profiles and any information in relation thereto stored
in the NFDD;

(c) to store DNA profiles and any information in relation thereto from any forensic
DNA analysis carried out by the National Bureau of Investigation (NBI), the
Philippine National Police (PNP), or any law enforcement agency or body;

(d) to ensure that DNA profiles and any information in relation thereto are securely
stored and remain confidential;

(e) to store and dispose samples taken for the purpose of forensic DNA analysis in
accordance with the provisions of this Act;

(f) to cooperate with foreign law enforcement agencies in accordance with the
provisions of this Act; and


(g) 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 of the
functions specified in this section or in furtherance of the objectives of the NFDD.

SEC. 8. Composition of the National Forensic DNA Center. - The NFDC shall be composed
of organic personnel from the National Bureau of Investigation and the Philippine National
Police.

SEC. 9. Appointment of Director of National Forensic DNA Center. - The NFDC shall be
headed by a Director. The Director of NFDC shall be appointed by the President for such period
and on such terms and conditions as may be specified in the instrument of appointment. The
Director of NFDC shall report to the Secretary of Justice.

ARTICLE IV
MANAGEMENT AND ACCESS TO INFORMATION OF THE NATIONAL
FORENSIC DNA DATABASE

SEC. 10. Rectification of Particulars in DNA Profile and Information. -— The Director of
NFDC shall be entitled to rectify the particulars in the DNA profiles and any information in
relation thereto if:
(a) a clerical error has occurred; and
(b) sufficient evidence is produced to satisfy him that the entry made is incorrect, and
‘on making the rectification he shall, where necessary, issue to the person entitled to
the information derived from the analysis of sample taken for him, the particulars
so rectified.
The powers under this section shall be exercised by the Director of NFDC alone.

Any rectification made pursuant to this section shall not be construed as an act of tampering,
abetting or attempting to tamper with any DNA profile or any information in relation thereto
stored in the NFDD.

SEC. 11. Access of DNA Profile and Information. - The access to or use of DNA profiles and
any information in relation thereto stored in the NFDD by its Director, officers and staff shall
only for the purposes of:
(a) forensic comparison with any other DNA profiles or information in the course of
an investigation of any offence conducted by any enforcement agency;
(b) administering the NFDD; or
(c) making the information available to the person to whom the information relates

Any other law enforcement agency who may wish to access DNA profiles and any information
in relation thereto shall get prior clearance from the Director of NFDC.

ARTICLE V
TAKING, STORING, DISPOSING OF INTIMATE AND NON-INTIMATE SAMPLES
AND REMOVAL OF DNA PROFILE AND INFORMATION

SEC. 12. Taking of Intimate Sample. ~ The procedures for the taking of an intimate sample
of any person under this Act shall be in accordance with the provisions of this section and as
prescribed.


(a) An intimate sample of the following maybe taken for forensic DNA analysis:
(1) a person reasonably suspected of having committed an offence;
(2) a detainee; or
(3) a drug dependent.
The aforementioned may be taken for the said analysis only if:
(1) an authorized officer authorizes it to be taken; and
(2) an appropriate consent in the prescribed form is given by the person from
whom an intimate sample is to be taken.
(b) Subject to an appropriate consent being given under subparagraph (b)(ii), an
authorized officer shall only give his authorization under subparagraph (b (i) if.
(1) he has reasonable grounds for:
(i) suspecting that the person from whom the intimate sample is to be
taken has committed an offence; and
(ii) believing that the sample will tend to confirm or disprove the
‘commission of the offence by that person;
(2) an arrest has been effected on or a detention order has been made against a
detainee under existing laws; or
(3) an order or a decision has been made pursuant to the Comprehensive
Dangerous Drugs Act of 2002 against a drug dependent.
(c) An authorized officer:
(1) shall give his authorization under subsection (c) in writing; or
(2) where it is impracticable to comply with paragraph (1), may give such
authorization orally, in which case he must confirm it in writing as soon as
may be possible.
(d) A person from whom an intimate sample is taken shall be entitled to the
information derived from the analysis of the sample taken from him.
(e) An intimate sample shall only be taken by a government medical officer.

SEC. 13. Taking of Non-intimate Sample. - The procedures for the taking of a non-intimate
sample of any person under this Act shall be in accordance with the provisions of this section
and as prescribed.
(a) A non- intimate sample of:
(1) a person reasonably suspected of having committed an offence;
(2) a detainee; or
(3) a drug dependent, may be taken only if an authorized officer authorizes it to be
taken.
(b) An authorized officer shall only give his authorization under subsection (b) if:
(1) he has reasonable grounds for:
i. suspecting that the person from whom the non-intimate sample is to be
taken has committed an offence; and
ii, believing that the sample will tend to confirm or disprove the
commission of the offence by that person;
(2) an arrest has been effected on or a detention order has been made against a
detainee under existing laws; or
(3) an order of a decision has been made pursuant to the Comprehensive Dangerous
Drugs Act of 2002 against a drug dependent.
(c) An authorized officer:
(1) shall give his authorization under subsection (b) in writing; or


(2) where it is impracticable to comply with paragraph (1), may give such
authorization orally, in which case he must confirm it in writing as soon as
possible.

(d) The person from whom a non-intimate sample is taken shall be entitled to the

information derived from the analysis of the sample taken from him.

() A non-intimate sample shall only be taken by:

(1) a government medical officer; or
(2) a police officer.

(6) A police officer may use all means necessary for the purpose of taking or assisting
the taking of a non-intimate sample from a person.

SEC. 14. Refusal to Give Sample. — If a person from whom a non-intimate sample shall be
taken shall do the following, he shall commit an offence, and, shall, on conviction, be liable to
a fine not exceeding Twenty Thousand Pesos (P20,000.00) or to imprisonment for a term not
exceeding one (1) year or to both:

(a) refusal to give such sample;

(b) refusal to allow such sample to be taken from that person; or

(c) obstruction of the taking of such sample from that person.

SEC. 15. Sample Given Voluntarily. —

(a) Any person, other than the person whose intimate sample or non-intimate sample
may be taken under Sections 12 and 13, may voluntarily give an appropriate consent
in the prescribed form to an authorized officer for the taking of his intimate sample
or non-intimate sample.

(b) Where an appropriate consent is given under subsection (a), an authorized officer
shall, before the taking of the intimate sample or non-intimate sample, ‘inform the
person from whom the sample is to be taken:

(1) that the DNA profiles and any information in relation thereto derived from the
intimate sample or non-intimate sample may be stored in the NFDD and may
be used for the purposes of forensic DNA analysis, police inquiry and for such
purposes referred to in Section 11;

(2) that he may make a request to an authorized officer for an access to the
information; and

(3) that he may at any time withdraw his consent given under subsection (a).

SEC. 16. DNA Sample of Prisoner. — An intimate sample or a non-intimate sample may be
taken for forensic DNA analysis from any person who is serving his term of imprisonment in
connection with an offence of which he has been convicted.

SEC. 17. Storage and Disposal of Intimate and Non-intimate Samples. —

(a) The Director of NFDC shall safely and securely store all intimate samples and non-
intimate samples that are collected for the purpose of forensic DNA analysis, the
portions of the samples that the Director of NFDC consider appropriate and without
delay destroy any remaining portions.

(b) The procedures for the storage and disposal of an intimate sample and a non-
intimate sample shall be as prescribed.


SEC. 18. Removal of DNA Profile and Information from Suspected Persons Index. - Where
an intimate sample or a non-intimate sample has been taken in accordance with this Act from
a person reasonably suspected of having committed an offence and:

(a) investigations reveal that he was not involved in the commission of any offence;

(b) the charge against him in respect of any offence is withdrawn;

(c) he is discharged by a court of an offence with which he has been charged, at trial or

on appeal;
@mist eed of an offence with which he has been charged, at trial or on appeal;

or

(c) he is not charged in any court for any offence within a period of one year from the
date of taking of such sample from him, the Director of NFDC shall, within six
months of so being notified by the Officer in Charge of a Police District of the fact
referred to in paragraph (a), (b), (c), (d), or (e), remove the DNA profile and any
information in relation thereto of such person from the NFDD.

ARTICLE VI
OFFENCES

SEC. 19. Offence of Tampering, Abetting or Attempting to Tamper with Sample. —

(a) A person commits an offence if he tampers or causes to be tampered with any
intimate sample or non-intimate sample taken for the purposes of this Act.

(b) Any person who contravenes subsection (a) commits an offence and shall, on
conviction, be liable to imprisonment for a term not exceeding five (5) years or to
a fine not exceeding One Hundred Thousand Pesos (P 100,000.00) or to both.

(©) Any person who abets the commission of or who attempts to commit the offence
under this section shall be guilty of that offence and shall, on conviction, be liable
to the punishment provided for that offence.

Provided, That any term of imprisonment imposed shall not exceed one-half of the maximum
term provided for the offence.

SEC. 20. Unauthorized Use or Communication of DNA Profile of Information. — No person
who receives a DNA profile for entry in the NFDD or who has access to information stored
therein shall; except in accordance with Sections 11 and 23 of this Act, use or communicate
such DNA profile or any information in relation thereto to be used or communicated other than
for the purpose of this Act.

Any person who contravenes thereto commits an offence and shall, on conviction, be liable to
imprisonment for a term not exceeding five (5) years or to a fine not exceeding One Hundred
Thousand Pesos (P100,000.00) or to both.

SEC. 21. Obligation of Secrecy. - The Director, officers and staff of the NFDC or any person
who for any reason, has by any means access to any data, record, book, register,
correspondence, document whatsoever, or material or information, relating to the DNA profiles
and any information in relation thereto in the NFDD which he has acquired in the performance
of his functions or the exercise of his powers, shall not give, divulge, reveal, publish or
otherwise disclose to any person, such document, material or information unless the disclosure
is required or authorized under this Act or regulations made under this Act; under any written
law; by any court; or for the performance of his functions or the exercise of his powers under
this Act or regulations made under this Act.


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Any person who contravenes thereto commits an offence and shall, on conviction, be liable to
imprisonment for a term not exceeding five (5) years or to a fine not exceeding One Hundred
Thousand Pesos (P100,000.00) or to both.

SEC. 22. Offence of Tampering, Abetting or Attempting to Tamper with DNA Profile or
Information. — A person commits an offence if he tampers or causes to be tampered with any
DNA profile or any information in relation thereto in the possession, custody or control of the
NFDC.

For the purpose of this section, tampering with any DNA profile or any information in relation
thereto includes the following:
(a) such DNA profile or any information in relation thereto is altered or erased;
(b) any new DNA profile or any information in relation thereto is introduced or added
to such DNA profile or any information in relation thereto; or
(©) any event occurs which impairs the ability of the Director, officers and staff of the
NEDC to have access to such DNA profiles or any information in relation thereto.

Any person who commits an offence under this section shall, on conviction, be liable to
imprisonment for a term not exceeding five (5) years or to a fine not exceeding One Hundred
Thousand Pesos (P100,000.00) or to both.

Any person who abets the commission of or who attempts to commit the offence under this
section shall be guilty of that offence and shall, on conviction, be liable to the punishment
provided for that offence: Provided, That any term of imprisonment imposed shall not exceed
one-half of the maximum term provided for the offence.

ARTICLE VII
GENERAL PROVISIONS

SEC. 23. Cooperation with Foreign Law Enforcement Agency.~ The Director of NFDC may,
upon request by a foreign law enforcement agency, compare a DNA profile received from the
foreign law enforcement agency with the DNA profiles in the NFDD in order to determine
whether such DNA profile is already contained in the NFDD and communicate any relevant
information to the foreign law enforcement agency.

The Director of NFDC may, upon a request by a foreign law enforcement agency in the course
of an investigation of an offence or a prosecution of a criminal offence in that foreign state,
communicate a DNA profile contained in the NFDD to that foreign law enforcement agency.

SEC, 24, Information from the NFDD to be Conclusive. — Notwithstanding any written law
to the contrary, any information from the NFDD shall be admissible as a conclusive proof of
the DNA identification in any proceedings in any court.

SEC. 25. 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,

SEC. 26. Implementing Rules and Regulations. — The Secretary of Justice, in consultation
with the National Bureau of Investigation, Philippine National Police, Department of Interior
and Local Government, Department of Health, and Department of Science and Technology,


shall promulgate the necessary rules and regulations within one hundred twenty (120) days
upon effectivity of this Act for its effective implementation.

SEC. 27. Annual Reports. —- Within two (2) years after the establishment of the National
Forensic DNA Center, its Director shall submit to Congress and the President, through the
Secretary of Justice, an annual report on the progress of implementation of this Act.

SEC. 28. Separability Clause. If any provision or part of this Act is declared unconstitutional
or invalid, other parts or provisions hereof not otherwise affected shall remain valid and
subsisting.

SEC. 29. Repealing Clause. — All other laws, decrees, rules or regulations inconsistent with
the provisions of this Act are hereby repealed or modified accordingly.

SEC. 30. Effectivity Clause. — This Act shall take effect after fifteen (15) days following its
complete publication in the Official Gazette or in at least two (2) national newspapers of
general circulation.

Approved,