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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. _________ 
Introduced by Representative Richard I. Gomez 
EXPLANATORY NOTE 
The criminal justice system has five (5) pillars, namely, law enforcement, prosecution, 
judiciary, corrections and the community. 
Global law enforcement has seen unprecedented scientific advances in our time. 
Criminology has benefited a lot from the discovery that deoxyribonucleic acid (DNA) may be 
used to identify criminals as well as prove the innocence of certain accused individuals with 
incredible accuracy. 
This bill aims to establish a forensic DNA database so as to modernize police work in our 
country today. An accurate and credible criminal justice system would restore and even 
strengthen the people’s faith in democratic governance.  
In view of the foregoing, the passage of this bill is earnestly sought. 
RICHARD I. GOMEZ, DPA 
March 6, 2023
1:59 pm
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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. _________________ 
______________________________________________________________________________ 
Introduced by Representative Richard I. Gomez 
AN ACT  
ESTABLISHING A FORENSIC DATABASE IN THE PHILIPPINES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
ARTICLE I  
PRELIMINARY 
SECTION 1. Short Title. This Act shall be known as the "Forensic DNA Database Act ". 
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 reaffirms 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 collect, analyze, type or profile, and record 
any and all genetic markers contained in or derived from DNA. 
SECTION 3. Definitions.  For purposes of this Act, the following terms shall mean: 
a. Biological sample or DNA sample – any organic material originating from a
person's body, even if found in inanimate objects, that is susceptible to DNA
testing;
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b. Buccal swab - sample of cellular material taken from the inside of a person’s mouth;
c.
Certified PNP DNA Collector - a police officer or a person who has
successfully completed the training prescribed by the PNP Crime Laboratory,
in respect of the taking of buccal sample;
d. Crime scene sample - physical evidence retrieved from the crime scene or
any other place where evidence of the crime may be found and may include
physical evidence collected from the body of a person;
e. Detainee - a person arrested and detained under existing laws;
f.
DNA - means deoxyribonucleic acid, which is the chain of molecules found in
every nucleated cell of the body. The totality of an individual's DNA is unique
for the individual, except identical twins;
g. DNA evidence - constitutes the totality of the DNA profiles, results and other
genetic information directly generated from DNA testing of biological samples;
h. DNA profile - 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;
i.
DNA profiling or DNA typing - a process where a minute sample of genetic
DNA material is taken from a human tissue and is given a computerized
numeric value;
j.
Drug dependent - a person, pursuant to the Comprehensive Dangerous Drug
Act of 2002, who possesses a cluster of physiological, behavioral and cognitive
phenomena of variable intensity, in which his or her use of psychoactive drug
takes on a high priority thereby involving, among others, a strong desire or a
sense of compulsion to take the substance and the difficulties in controlling
substance-taking behavior in terms of its onset, termination, or levels of use;
k.
Foreign law enforcement agency - the law enforcement agency of foreign
state and includes an international organization established by the government
of states or an international organization;
l.
Forensic DNA analysis - analysis of the DNA from a body sample or crime
scene sample to determine forensic DNA profile;
m. Forensic DNA profiles - the result obtained from forensic DNA analysis on
body sample or crime scene, providing a unique string of alpha numeric
characters to provide identity reference;
n. Law Enforcement Personnel – any employee or personnel law enforcement
agencies;
o. Intimate sample -
i.
A sample of blood, semen or any other tissue or fluid taken from a


 
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person’s body, urine or pubic hair; or 
ii. 
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. 
 
p. Non-intimate sample- 
i. 
A sample of hair other than the pubic hair; 
ii. 
A sample taken from a nail or from under a nail; 
iii. 
A swab taken from any part of a person’s body other than apart from 
which a swab taken would be an intimate sample; or 
iv. 
Saliva. 
 
q. Offense - any act or omission punishable by law; 
 
r. Philippine National Forensic DNA Database - is the country's central 
repository of DNA profiles created under this Act. 
 
s. Street Children - Homeless children/minors who live and spend significant 
amount of time on the streets, parks, premises of malls, and other public areas 
of a city, municipality or any open space as their shelter who are under the 
custody of Department Social Welfare and Development and their field office. 
 
 
ARTICLE II 
FORENSIC DNA 
DATABASE 
 
SECTION 4. Establishment of Philippine National Forensic DNA Database. A 
forensic DNA database through the Philippine National Police, to be known as the 
Philippine National Forensic DNA Database shall be established. The database shall 
consist of the following indices: 
a. Crime scene index which shall contain DNA profile derived from an intimate 
sample or a non-intimate sample that is found― 
i. on anything or at any place where an offense was committed; 
ii. on or within the body of a victim of an offense; or 
iii. on anything worn or carried by the victim or suspect at the time 
when the offense was committed. 
 
b. Arrested person index which shall contain forensic DNA profiles derived 
from an intimate or a non-intimate sample taken from arrested persons; 
 
c. Convicted offenders index which shall contain DNA profiles derived from an 
intimate or a non-intimate sample taken from persons convicted of any offense 
under any written law; 
 
d. Detainee index which shall contain DNA profiles derived from an intimate or 
a non- intimate sample taken from a detainee; 
 
e. Elimination person index which shall contain DNA profiles derived from an 
intimate or non-intimate sample taken from persons who had lawful access to 


 
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the crime scene to be used for comparison with evidence for elimination 
purposes; 
 
f. 
Law Enforcement Personnel index which shall contain DNA profiles of all 
employees of the government’s law enforcement agencies, derived by means 
of forensic DNA analysis, from a buccal or blood swab; 
 
g. Military personnel index – which shall contain DNA profiles of all members 
of the Armed Forces of the Philippines derived by means of forensic DNA 
analysis, from a buccal or blood swab; 
 
h. Missing person index which shall contain DNA profiles and any 
information in relation thereto derived from an intimate or a non-intimate 
sample taken from― 
i. 
anything worn or carried by a missing person; or 
ii. 
the next of kin of a missing person if so required; 
 
i. 
Street Children and beggars index which shall contain DNA profiles of 
street children and beggars, derived by means of forensic DNA analysis, from 
a buccal or blood swab; 
 
j. 
Unidentified Human Remains Index -which shall contain DNA profiles and 
any information in relation thereto derived from an intimate or a non-intimate 
sample taken from the body or parts of the body of an unidentified deceased 
person; 
 
k. Voluntary person index which shall contain DNA profiles and any 
information in relation thereto derived from an intimate 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 DNA Databank. 
SECTION 5. Objectives of the DNA Database. The objective of the DNA 
Database is to establish, keep and maintain a comprehensive National DNA 
database in order to perform comparative searches for the following purposes: 
a. to serve as a tool for crime prevention and crime solution; 
b. to identify person who might have been involved in the commission of an offense; 
c. to prove the innocence or guilt of person allegedly involved in the 
commission of an offense; 
d. to exonerate a person wrongly convicted of an offense; or 
e. to assist in the identification of missing persons or unidentified human remains. 
 
 
ARTICLE III 
MANAGEMENT OF DATABASE AND ACCESS TO 
INFORMATION 
 
SECTION 6. Management. The PNP Crime Laboratory (CL) DNA Laboratory Division 
shall manage the DNA databases established in Article II of this Act, and shall have all 
such powers as may be necessary for, in connection with, or incidental to the 


 
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performance of its function under this Act, including the following: 
a. To be responsible for the general conduct, administration, and management of 
the DNA database; 
 
b. To establish mechanisms to facilitate the connection, storage, and 
dissemination of data in connection with DNA profiles and any information in 
relation thereto stored in the DNA Database; 
 
c. To ensure that DNA profiles and any information in relation thereto are securely 
stored and remain confidential; 
 
d. To store and dispose samples taken for the purpose of forensic DNA analysis 
in accordance with the provisions of this Act; 
 
e. To cooperate with both local and foreign law enforcement agencies in 
accordance with the provisions of this Act; and 
 
f. 
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 Philippine National Forensic DNA Database. 
 
SECTION 7. Access and Confidentiality of DNA profiles and information. The 
DNA database and any information contained therein shall only be accessed by 
authorized personnel of the PNP CL DNA Laboratory on the following purposes: 
a. administering the database; 
b. comparing DNA profiles or information in the course of an investigation 
conducted by any law-enforcement agency and/or during the judicial and quasi-
judicial proceedings; and 
c. making the information available to a person to whom the information relates. 
 
DNA profiles and all results or other information obtained from DNA testing shall 
be confidential, subject to the provisions of Section 11, A.M. No. 06-11-5-SC (Rule on 
DNA Evidence). 
 
SECTION 8. 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 may be used as 
evidence in any courts or proceedings in the country subject to the existing Rules on 
DNA Evidence. 
 
ARTICLE IV 
TAKING, STORING, DISPOSING OF DNA SAMPLES, REMOVAL OF DNA 
PROFILE, AND CONFIDENTIALITY 
 
SECTION 9. Collection of DNA Sample. Only a certified PNP DNA Collector shall collect a 
biological sample from any person who on or after the effective date of this Act: 


 
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a. Is convicted of a crime for any offense; 
b. Is arrested for and formally charged of the crime before the court 
for an offense; 
c. Is legally detained under law; 
d. Is required to submit a DNA sample due to a judicial or quasi-judicial 
order because they are a suspect in a crime; 
e. Is needed to submit a DNA sample for elimination purposes; 
f. 
Is a street child or a beggar; 
g. Is an active member of law enforcement agency; 
h. Is an active member of the Armed Forces of the Philippines; and 
i. 
Is a person who is voluntarily providing a sample to be placed into 
the DNA database. 
 
SECTION 10. Handling of Collected Biological Sample. The integrity of the 
collected biological sample shall be maintained at all times through a clear, well 
documented chain of custody from the time a biological sample is collected until its 
disposal. Such chain of custody document shall be retained in the laboratory record to 
reflect the integrity of the sample during its receipt, handling, storage, preparation, 
retention and/or disposal to protect the interest of all parties. 
 
SECTION 11. Refusal to give sample - If a person whom a non-intimate sample is to 
be taken under this Act refuses to give such sample, refuses to allow such sample to 
be taken from him or her, or obstructs the taking of such sample from him or her, he or 
she commits an offence and shall, on conviction, be liable to a fine not exceeding 
three hundred thousand pesos (Php300,000.00) or to imprisonment for a term not 
exceeding six (6) years, or both. 
 
SECTION 12. Storage and disposal of biological samples – PNP DNA Laboratory 
shall preserve all biological samples, DNA profiles and results or other genetic 
information obtained from the DNA testing. All biological samples collected under 
Section 9 must be destroyed not later than six months after the DNA profile has been 
generated. 
 
SECTION 13. Deletion of DNA Profile from the DNA Database Indices. A person 
whose DNA profile is contained in the voluntary or missing person’s indices as defined 
in Article II, Section 4, Subsections g and h may request that their DNA profile, and 
any related information, be deleted from the DNA databank at any time. Member/s of 
law enforcement agencies and the Armed Forces of the Philippines may request the 
same upon retirement or resignation from the service. The DNA Laboratory official in 
charge of the database shall, within six months of being notified of such request, delete 
the DNA profile and any information in relation to the profile. 
 
SECTION 14. Support from Voluntary Citizens. To support the nationwide National 
DNA Database, employees of both government and private institutions and private 
citizens may submit DNA samples. Their forensic DNA profiles and any information in 
relation thereto shall be included in the voluntary person index. 
SECTION 15. Sample Given Voluntarily. Any person may voluntarily give an 
appropriate consent in a written form to a certified DNA collector for the taking of his or 
her intimate or non-intimate sample: 
a. Where a written consent is given, a certified DNA collector, before the taking of 


 
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the intimate or non-intimate sample, inform the person from whom the sample 
is to be taken – 
i. 
that the DNA profiles and any information in relation thereto derived from 
the intimate sample or non-intimate sample may be stored in the National 
Forensic DNA Database and may be used for the purposes of forensic 
DNA analysis, police inquiry, and for such purposes referred to in this act; 
ii. 
that he or she may make a request for an access to his or her information; and 
iii. 
that he or she may at any time withdraw his consent. 
 
SECTION 16. Population Statistics Database. 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. 
 
ARTICLE V 
QUALITY ASSURANCE STANDARDS 
 
SECTION 17. National DNA Database Scientific Advisory Committee. A National 
DNA Database Scientific Advisory Committee shall be established for purposes of 
developing DNA testing database quality assurance standards for DNA testing and 
databasing including standards for testing the proficiency of forensic laboratories and 
forensic analysts conducting forensic DNA analysis. 
 
SECTION 18. Committee Members. The Committee shall be composed of nine 
individuals including the Chair, scientifically qualified to understand, develop and 
adopt DNA quality assurance standards. Committee representatives shall include 
three (3) officials from the PNP, two from the NBI, one from the DOST, one from the 
DOH and two from other agencies or institutions actively engaged in forensic DNA 
testing. The Committee shall be chaired by an official from the PNP being the 
repository of the database. 
 
SECTION 19. Laboratory Standards. The Committee shall develop, adopt, and 
recommend standards for quality management, including standards for testing the 
proficiency of Assurance Standards for forensic DNA testing laboratories, including 
standards for testing proficiency of laboratories and forensic analysts conducting 
forensic DNA test. Once adopted, these standards shall be required for any forensic 
laboratory in the Philippines that produces samples to be included in the national DNA 
database. 
 
ARTICLE VI 
CRIMINAL ACTS AND PENALTIES 
 
SECTION 20. Tampering of DNA 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; or who shall intentionally destroy, mutilate, 
conceal, remove or otherwise impair the verity or availability of DNA records or profile; 
shall suffer the penalty of twelve (12) years and one (1) day imprisonment and a fine 


 
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not less than Six Hundred Thousand Pesos (Php600,000.00) at the discretion of the 
court. 
A person convicted of tampering DNA records shall be perpetually disqualified from 
the right to hold public office. 
 
SECTION 21. Tampering, Abetting, or Attempting to Tamper DNA Samples. Any 
person who shall knowingly tampers or causes to be tampered with any intimate 
sample or non- intimate sample taken for the purposes of this Act; or any person who 
abets the commission 
of or who attempts to tamper any intimate or non-intimate sample taken for the 
purposes of this Act, on conviction, shall suffer the penalty of twelve (12) years and 
one (1) day imprisonment or a fine not less than Six Hundred Thousand Pesos 
(Php600,000.00) or both, at the discretion of the court. 
A person convicted tampering, abetting, or attempting to tamper DNA samples 
shall be perpetually disqualified from the right to hold public office. 
 
SECTION 22. 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 I 
information was taken shall suffer the penalty of eight (8) years and one (1) day 
imprisonment or a fine not lower than Five Hundred Fifty Thousand Pesos 
(Php500,000.00) or both, at the discretion of the court. 
 
SECTION 23. Failure to Deliver DNA Records or Samples. Any person who shall 
possess a DNA record in the DNA database system or DNA samples and refuse to 
deliver the same upon request of a person lawfully entitled to receive the same without 
justifiable reason shall suffer the penalty of six (6) years and one (1) day imprisonment 
or a fine not lower that Four Hundred Thousand Pesos (Php400,000.00) or both, at the 
discretion of the court. Provided that, no action, suit, prosecution or other proceedings 
shall lie or be brought against the aforesaid person if he/she failed to deliver the DNA 
records or samples for cause/s outside his/her control. 
 
SECTION 24. Improper Access to and Use of DNA Samples and Records. Any 
person who, without proper authorization, 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 four (4) years and one (1) day of 
imprisonment or a fine not lower than Three Hundred Thousand Pesos 
(Php300,000.00) or both, at the discretion of the court. 
 
ARTICLE VII 
GENERAL 
PROVISIONS 
 
SECTION 25. Sharing of Data Between the PNP and the NBI. The Philippine 
National Police and the National Bureau of Investigation shall establish a system to 
ensure that DNA profiles from each of their respective databases are compared 


 
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regularly and communicate any relevant information. 
 
SECTION 26. Cooperation with foreign law enforcement agency 
a. The PNP 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 DNA Database in order to determine whether such DNA profile 
is already contained in the DNA Database and communicate any relevant 
information to the foreign law enforcement agency. 
b. The PNP may, upon 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 DNA 
Database to that foreign law enforcement agency. 
c. For the purposes of this section, “foreign law enforcement agency” means the 
law enforcement agency of a foreign state and includes an international 
organization established by the government of states that Philippines is an 
official member, or an international organization. 
SECTION 27. Regulations. The PNP shall work with other relevant Philippine 
government agencies and interests to develop regulations as necessary to give full 
effect to, or for carrying out, the provisions of this Act. 
 
SECTION 28. Savings and Transitional. Any existing DNA profile and any 
information in relation thereto kept and maintained by the Philippine National Police, 
immediately before the coming into operation of this Act shall, on the coming into 
operations of this Act, form part of the Philippine Forensic DNA Database established 
under this Act in accordance with indices applying. 
 
SECTION 29. Implementing Rules and Regulations. Within one hundred and twenty 
(120) days, the necessary rules and regulations for the implementation of this Act shall 
be promulgated by the Department of Interior and Local Government. 
 
SECTION 30. 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. 
 
SECTION 31. 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. 
 
SECTION 32. 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 33. 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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