FOURTEENTH CONGRESS OF THE 
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First Regular Session 
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REPUBLIC OF THE PHILIPPINES 
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i\E[:EiVErl 3V’ .,.. -1 
I,-,s-- 
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SENATE 
S. B. No. 874 
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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 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 c./ 


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 (U.S. 
u. Jakobetz 1992). 
I am strongly optimistic that enhancing the generation and use of 
genetic information thru DNA analyses will contribute greatIy to the 
investigation and expeditious resolution of crimes. 
For these reasons, I strongly urge the immediate passage of this bill. 
EDGARDO &/4 
J. AN ARA 
Senator 


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Introduced by SENATOR EDGARDO J. ANGARA 
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 2007." 
SECTION 2. Declaration of Policy. 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. 
SECTION 3. Objectiues. This Act shall endeavor to achieve the 
following: 
(l).Establish a comprehensive national DNA database for the country; 
(2) Eliminate the substantial backlog of DNA samples collected from 
crime scenes and convicted offenders; 
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(4) Increase 
research and development 
of new 
DNA testing 
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technologies; and 
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(5) Develop new training programs regarding the collection and use of 
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DNA evidence, and to provide post-conviction testing of DNA 
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SECTION 4. Definitions. For purposes of this Act, 
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(1) “DNA or Deoxyribonucleic Acid” is any various nucleic acid found in 
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cell nuclei and special genes that yield deoxyribose as one product of 
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hydrolysis, and is associated with the transmission of genetic 
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information; 
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(2) “DNA sample” means any biological specimen or sample of an 
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individual which may either be a) intimate samples, like blood, 
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semen or any other tissue fluid, urine 
or pubic hair, dental 
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impressions, or a swab taken from a person’s body orifice other than 
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the mouth; or b) non-intimate samples, like a plucked hair other 
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than pubic hair; sample from a nail; or a swab of saliva on which a 
(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; 
evidence to exonerate the innocent. 
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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;” 
(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); 
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(8) “National DNA Index System (NADIS)” is the country’s central 
repository of DNA samples created under this Act; and 
(9) “UP-NSRT (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 man-made disasters; 
(e) Assist law enforcement agencies in performing DNA analysis of 
crime scene evidence in casework for which there are no suspects; 
and 
(0 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 carried out under the plan shall be 
maintained pursuant to the privacy requirements. 
SECTION 6. Quality Assurance Standards. 
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(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). 
SECTION 7. DNA Advisory 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 private forensic laboratories; and molecular geneticists and 
population geneticists not affiliated with a forensic laboratory. 
SECTION 8. Functions of the DNA Advisory Board. The Board 
shall perform the following functions: 
(I) Develop, and whenever appropriate, periodically revise, recomniend 
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 
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(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 (l), (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 include a system for grading proficiency testing performance to 
determine whether a laboratory is performing acceptably. 
SECTION 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. 
SECTION 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) From 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 
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are reasonably necessary to detain, restrain, and collect a DNA 
sample from an individual who refuses to cooperate in the 
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collection of the sample. 
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(b.2) The Director of the Bureau of Prisons or the probation office, 
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as appropriate, may enter into agreements with government 
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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, 
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commence not later than 180 days after the enactment of this Act. 
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SECTION 11. Collection and Use of DNA Identification 
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Information from Certain Offenders in the Armed Forces. 
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(a.1) The Secretary of National Defense shall collect a DNA sample 
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from each member of the armed forces under the Secretary's 
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jurisdiction who is, or has been, convicted of a qualifying 
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military offense. 
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(a) Collection of DNA Samples.- 
(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 the Director of the National Bureau of 
Investigation for inclusion in the NADIS. 
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SECTION 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; 
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. 
SECTION 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. 
SECTION 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. 
SECTION 15. Privacy Protection Standards. DNA records 
collected and maintained for the purpose of identification of criminal suspects 
or offenders shall be disclosed only: 


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a) To criminal justice agencies for law enforcement identification 
purposes; 
b) In judicial proceedings, if otherwise admissible, following applicable 
laws and rules of procedure; 
c) 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 
d) 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. 
SECTION 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, Prouided, 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. 
SECTION 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 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; 
B) Criminal Penalties for Improper Disclosure of DNA Samples 
and Records. Any person who, by virtue of employment or official 
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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 
C) 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. 
SECTION 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 the implementation of this Act shall be jointly 
promulgated by the Department of Justice and Department of Social Welfare 
and Development. 
SECTION 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 (P100,000,000.00) 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). 
SECTION 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. 
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Approved, 
SECTION 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. 
SECTION 22. Effectiuity. 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. 
to