Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
HOUSE BILL NO. _______________
Introduced by ANG PROBINSYANO
Party-List Representative Alfred Delos Santos
EXPLANATORY NOTE
Article XIV, Section 1 of the 1987 Constitution provides that the State
shall protect and promote the right of all citizens to quality education at all
levels, and to take appropriate steps to make such education accessible to
all. Section 2(1) of the same Article tells us that quality education entails the
establishment and maintenance of, and support for, a complete, adequate,
and integrated system of education relevant to the needs of the people and
society. Lastly, Section 2(3) mandates the establishment and maintenance of
a system of scholarship grants for deserving students in both public and
private schools, with prioritization given to the underprivileged.
Memorandum Order No. 048-12, dated December 18, 2012, of the
Commission
on
Higher
Education
(CHED),
is
one
of
the
best
operationalizations
of
the
above
Constitutional
orders.
The
said
memorandum order focuses on Criminal Justice Education, setting forth the
policies, standards, and guidelines for the Bachelor of Forensic Science
Program. It also explicitly recognized the need for more forensic specialists:
ARTICLE I
Introduction
SECTION 1. Rationale and Background. —
Criminal Justice is a discipline that encompasses the preservation
and protection of social order in a free society. It includes such principles as
democracy,
rule
of
law,
constitutionalism,
civil
liberties,
and
the
safeguarding of citizens against intimidation and oppression.
Forensic Science on the other hand is the application of scientific
principles and techniques to the legal process in support of the proper
administration of justice. It is the quest for truth aided by scientific
techniques.
Today, our country faces various problems in solving criminal
cases, such as but not limited to, heinous crimes, murders, and sexual
abuses, among others. Our judicial system, which is expected to be the
catalyst in paving the way for the attainment of justice, usually falls
short of the necessary forensic skills and expertise in aid of judicial
processes. In effect, the community, which has always been the victim
of such criminality, is at the losing end.
September 23, 2022
2:17 pm
5129


It
has
been
proven
locally
and
internationally
that
a
thorough forensic investigation is important in solving criminal cases.
The
proper
recognition,
collection,
handling,
preservation,
documentation, and analysis of physical evidence had been remarkable
tools in solving such cases. More often than not, the application
of forensic science principles and techniques in criminal investigation
provides scientific and definitive information to courts of law.
In view of the foregoing and in pursuance of the government's
mandate to ensure the maximum contribution of education to national
development, the
Commission
finds
it
imperative
to
develop
an
undergraduate
program
in Forensic Science
which
shall
be
interdisciplinary, combining a strong foundation in the natural and
social
sciences,
with
extensive
laboratory
and
field
experiences.
(emphasis provided)
But even with the enlightenment from CHED regarding this issue, the
fact still remains that we are yet to provide measures for the students - our
would-be forensic specialists.
Nowhere is this lapse more felt than in forensic pathology, “a discipline
under forensic science,” which involves studying and examining corpses,
looking into “the structural changes that occurred[,] such as wounds on the
body,” as well as “the body’s…discoloration[] and temperature,” to discover
the cause, time, and manner of a person’s death.1
As
unbelievable
as
it
may
sound,
we
only
have
two
forensic
pathologists in the country—Dr. Cecilia Lim and Dr. Raquel Fortun.2 This
means that for our entire population, we only have two people “who are
formally trained to examine dead bodies and know the manner and cause of
death.”2
This is exactly why we find ourselves embroiled in confounding and
frustrating situations like in the case of the death of Christine Dacera:3
The two forensic pathologists Cecilia Lim and Raquel Fortun were
interviewed by some news outlets this week in light of the controversies
surrounding the death of Christine Dacera, a flight attendant who was
found unconscious at a bathtub in a hotel room in Makati City on New
Year’s Day or on January 1.
Police reports and the initial autopsy report stated that Dacera died
due to ruptured aortic aneurysm.
In
a report
of GMA
Digital
Specials,
Fortun,
who handled the
prominent cases such as Ozone disco fire, the Dacer-Corbito murder and
the
Maguindanao
Massacre,
lamented
the
lack
of
a
proper
death
investigation system in the country.
3 Madarang, C.S. (January 7, 2021). ‘Kulang sa sistema’: Push for forensic science education highlighted amid lack
of forensic pathologists in Philippines. GMA News Online. URL:
https://interaksyon.philstar.com/politics-issues/2021/01/07/183195/kulang-sa-sistema-push-for-forensic-scien
ce-education-highlighted-amid-lack-of-forensic-pathologists-in-philippines/
2 Malig, K. (January 6, 2021). The only forensic pathologists in the country urge for change in death investigation
system. GMA News Online. URL:
https://www.gmanetwork.com/news/lifestyle/content/770701/the-only-forensic-pathologists-in-the-country-urge
-for-change-in-death-investigation-system/story/
1 Malig, K. (January 6, 2021). What is forensic pathology and how does it help crime investigation?. GMA News
Online. URL:
https://www.gmanetwork.com/news/lifestyle/content/770700/what-is-forensic-pathology-and-how-does-it-help-
crime-investigation/story/


“Kulang tayo sa sistema. Wala tayong death investigation system na
automatic ‘yung doctor doon na death investigator ay actually forensic
pathologist. So imagine, gaano kalaki ‘yung problema natin tulad niyan,”
she said.
Fortun also noted that remains of victims such as Dacera’s often get
immediately transferred to the funeral parlor that is ill-equipped to handle
evidence.
“Yung katawan ay ebidensiya. Ito bang mga taga punerarya ba ay
marunong mag-handle ng ebidensya? Hindi,” she said.
“Dadamputin lang ‘yung bangkay, dadalhin sa punerarya tapos
‘yung morgue nila hindi naman angkop mapanghawak ng ebidensya. Pang
emballing lang siya practically,” she added.
Lim likewise said that the current investigation system relies heavily
on testimonies from witnesses, instead of testimonies being supplemented
by physical evidence.
“Masyado tayo nagre-rely sa witness testimony. Ang problema kasi
hindi alam ng judge kung totoo ‘yung sinasabi o hindi,” Lim said.
“Makakatulong ‘yung physical evidence. ‘Yun ‘yung mag-susupport
sa mga witnesses niyo kung mapapaniwalaan niya ‘yung witness o hindi,”
she added. (emphasis in the original)
Imagine
not
being
able
to
tell
a
grieving
mother,
with
a clear
conscience
supported
by
scientific
certainty,
how
her
daughter
died—whether or not her daughter was the victim of a heinous crime.
Imagine, too, the absolute, potentially never-ending nightmare to
which anyone falsely accused of being the perpetrator of a heinous crime,
along with his family and loved ones, would be most unfairly condemned.
It is our job to make sure that what we imagine does not come to pass.
Our task, then, is clear: we need to nurture students who desire to one
day serve in our criminal justice system as forensic pathologists. This bill
seeks to address that need. This shall provide scholarship grants for (1)
incoming
medical
students
willing
to
commit
to
the
long
process
of
specializing in forensic pathology and (2) registered medical doctors who
need help closing the final distance in pursuing that same specialization.
It is for the foregoing premises that the approval of this Bill is
earnestly sought.
ALFRED C. DELOS SANTOS
Representative, Ang Probinsyano Party-List


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
HOUSE BILL NO. _______________
Introduced by ANG PROBINSYANO
Party-List Representative Alfred Delos Santos
AN ACT
PROVIDING A COMPREHENSIVE, UNDERGRADUATE-TO-GRADUATE
STUDIES SCHOLARSHIP FOR STUDENTS TRAINING TO BECOME
FORENSIC PATHOLOGISTS
Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:
SECTION 1. Short Title. –
This Act shall be known as the “Forensic
Pathologists Scholarship Act.”
SECTION 2.
Declaration of Policy. – In accordance with Article XIV,
Sections 1 and 2(1) and (3) of the 1987 Constitution, which guarantee all
citizens’ right to quality education that is relevant to the people’s and
society’s
needs,
through
the
establishment
and
maintenance
of
a
scholarship system, and in recognition of the Philippine criminal justice
system’s urgent need for more forensic pathologists specializing in the
proper recognition, collection, handling, preservation, documentation, and
analysis of physical evidence, who can thus efficiently and reliably provide
scientific and definitive information to courts of law, it is thereby declared
State
policy
to
pursue
the
development
and
institutionalization
of
scholarship grants for aspiring forensic pathologists.
The State shall support the graduate studies and skills training, from
medical school to specialization, of deserving students who take up the
forensic pathology track. Prioritization shall be given to those coming from
financially challenged households, especially those based in rural or remote
areas
having no easy access to colleges and universities offering the
requisite courses.
5129


SECTION 3.
Definition of Terms. –
For purposes of this Act, the
following terms shall mean:
a. Forensic Science. – It is the application of scientific principles and
techniques
to
the
legal
process
in
support
of
the
proper
administration of justice.
b. Forensic Pathology. – This pertains to a specific field of forensic
science, which involves the application of pathological methods in
the
investigation
of
a
crime
and
sudden,
suspicious,
or
unexplained deaths.
c. Forensic
Pathologist.
–
Also
known
as
coroners,
forensic
pathologists are those who specialize in examining bodies…to
determine the cause of death and the circumstances surrounding
the cause of death.
They are therefore trained to:
i.
identify persons;
ii.
correlate and/or reconstruct wounds, wound patterns,
and sequences;
iii.
perform
autopsies
to
determine
the
presence
or
absence of disease, injury, or poisoning;
iv.
evaluate historical and law-enforcement investigative
information relating to the manner of death”; and
v.
collect medical evidence, such as trace evidence and
secretions, to document sexual assault.”
d. Graduate Studies. – the graduate studies covered by this Act shall
refer to the Doctor of Medicine (M.D.) professional degree program
that students enter into upon taking and clearing the National
Medical Admission Test (NMAT), under the “Updated Policies,
Standards, and Guidelines for Medical Education”, Commission on
Higher Education (CHED) Memorandum Order (CMO) No. 10,
series of 2016.
e. Specialization Courses. – Given that forensic pathology requires
medical
doctors
to
have
a
working
knowledge
of
toxicology,
firearms examination (wound ballistics), trace evidence, forensic
serology, and DNA technology and that forensic pathology is a
subspecialty of pathology, the specialization courses covered by
this Act shall refer, collectively, to the following studies/training
undergone
after
completing
the
M.D.
program:
1)
the
apprenticeship or residency in pathology, and 2) the additional
one-year fellowship in forensic pathology.
SECTION 4. Scholarship Grant for Graduate Studies. – CHED, in
coordination with the Department of Health (DOH) and the Department of
Justice (DOJ), shall establish a scholarship program for incoming medical


students who are willing to commit to pursuing a specialization in forensic
pathology. Scholarship grantees shall receive financial assistance for their
tuition and book allowance.
Scholarship grantees who are from rural or remote areas, and who
consequently
have
to
secure
lodging
that
is
closer
to
their
medical
school/college,
shall,
in
addition
to
the
above
aid,
have
their
rent
subsidized. On this matter, CHED shall coordinate with the concerned
scholars’ respective medical schools/colleges, as much as possible, subject
to the availability of in-campus dormitories, to have the scholars boarded
within the campus.
SECTION 5. Scholarship Grant for Specialization Courses. –
a. Continuing
Scholars.
–
Grantees
of
the
graduate
studies
scholarship under Section 4 of this Act shall be entitled to a
scholarship grant for specialization courses; Provided, That they
meet the requirements under Section 7(B) and agree to all the
conditions under Section 8(B).
b. New Scholars. – The scholarship grant for specialization courses
shall be open to all registered M.D.s in the Philippines and shall
not be restricted to just those who were grantees of the graduate
studies
scholarship.
Likewise,
new
scholars
must
meet
the
requirements under Section 7(B) and agree to all the conditions
under Section 8(B).
SECTION 6. Financial Support for Licensure Exam Review Expenses. –
CHED shall seek funding that will enable it to provide to the scholars under
this Act an allowance that will help sustain them during their period of
review for the following licensure exams:
a. Philippine
Physician
Licensure
Examination
or
the
Philippine
Medical Boards
b. Medical Board Certification in Anatomic Pathology
c. Medical Board Certification in Forensic Pathology
For
this
purpose,
CHED
is
hereby
authorized
to
set
up
a
public-private project, whereby private donors are accepted as sponsors for
scholars requesting financial aid for covering their licensure exam review
expenses.
SECTION 7. Qualifications. –
a. For Incoming Medical Students. –
1. Must belong to the top fifty percent (50%) of their respective
graduating classes;
2. Must have already passed the NMAT and are in the process of
enrolling into a medical school/college;
3. Must have insufficient family and/or personal income for financing
their education in the field of medicine; and


4. Must have complied with other admission qualification/s imposed
by the medical school/college being enrolled into.
b. For Medical Doctors proceeding to Specialization Courses. – Both
continuing scholars and new scholars under Section 5 of this Act:
1.
Must belong to the top fifty percent (50%) of their respective
graduating classes;
2.
Must have already passed the Philippine Physician Licensure
Examination and been formally registered as a Medical Doctor
under the Professional Regulation Commission (PRC);
3.
Must have insufficient family and/or personal income for financing
their specialization in pathology, and then in forensic pathology;
and
4.
Must comply with any other admission qualification/s imposed by
the university/school/college being enrolled into.
SECTION 8. Conditions. –
a. For Incoming Medical Students. –
1. The scholar shall pass the admission examinations and related
requirements of the medical school/college that the scholar plans
to enroll in;
2. The scholar shall carry the full load of subjects prescribed per
semester
by
the
medical
school/college and shall, under no
circumstance, drop a course, resulting in underloading;
3. The scholar may be allowed, for valid reasons preventing his
enrollment, to defer availing of the scholarship and to thus file a
leave of absence for a period not exceeding one (1) school year;
4. The scholar shall receive and continue to enjoy the benefits of the
scholarship until the completion of the course;
5. The scholar shall not delay taking the medical boards and, upon
passing the same, can choose to:
a. Formally
signify
his/her
intent
to
continue
pursuing
a
specialization in forensic pathology by availing of a scholarship
grant for specialization courses, and then go through CHED’s
advisement
system,
for
orientation
on
which
universities/schools/colleges he/she could potentially attend
for specialization courses, based on the existing budget for this
Act’s implementation. The scholar can then notify CHED of
his/her
target
university/school/college
for
taking
up the
specialization courses. From that point, the scholar can:
i. Immediately work on qualifying for admission to his/her
target university/school/college; or
ii. Defer, for a period not exceeding one (1) school year,
undertaking the process mentioned in Option (i); Provided,
That deferment shall be subject to CHED approval.


b. Formally
opt out of pursuing specialization as a forensic
pathologist, in which case the student shall be contractually
bound to either enter into the Doctors to the Barrios (DTTB)
Program or serve the provincial hospital of their province for at
least ten (10) years.
If a particular province has no provincial hospital, then the
governor shall nominate the government hospital where the
scholar can serve.
If the scholar is the registered resident of a Highly Urbanized
City (HUC) or an Independent Component City (ICC), then,
CHED, in coordination with the Department of Health (DOH),
can determine the province where the scholar can serve.
For those cases where the scholar, after passing the medical
boards, is forced to opt out of pursuing specialization as a
forensic pathologist due to disease, disability, or such other
reasons as may be included in the list in the implementing
rules, CHED, in coordination with the DOH, shall assist the
scholar in getting into a paying job that he/she is still able to
do and which will allow him/her to apply his/her medical
training to public service.
b. For Medical Doctors proceeding to Specialization Courses. –
1. The
continuing
scholar
and
the new scholar shall pass the
admission
examinations
and
related
requirements
of
the
university/school/college that the scholar plans to enroll in;
2. The continuing scholar and the new scholar shall carry the full
load
of
subjects
prescribed
per
semester
by
the
university/school/college and shall, under no circumstance, drop
a class, resulting in underloading;
3. The continuing scholar and the new scholar may be allowed, for
valid reasons preventing his/her enrollment, to defer availing of
the scholarship and to thus file a leave of absence for a period not
exceeding one (1) school year;
If the continuing scholar had gone on deferment under Section
8(A)(5)(a)(ii), then CHED shall be stricter in its evaluation of
whether the scholar may be allowed to once again postpone
his/her education under this provision.
4. The continuing scholar and the new scholar shall receive and
continue
to
enjoy
the
benefits
of
the
scholarship
until
the
completion of the courses;


Should a continuing scholar or a new scholar freely chooses to
drop out of the specialization courses, he/she shall enter into the
Doctors to the Barrios (DTTB) Program or serve the provincial
hospital of their province. As to the latter option, the continuing
scholar shall be obligated to serve for at least ten (10) years, while
the new scholar shall serve for at least five (5) years.
However, if the scholar in question, whether continuing or new,
was only forced by a fortuitous event to drop out, and if the same
happening renders him/her unable to enter into, or return to
his/her
previous
form
of
medical
practice,
then
CHED,
in
coordination with the DOH, shall, as in Section 8(A)(5)(b), aid
him/her in finding gainful employment.
5. The continuing scholar and the new scholar shall not delay taking
the medical board certification in anatomic pathology and forensic
pathology and, upon passing both, shall be integrated into the
public forensic pathology force under Section 9 of this Act.
SECTION 9. Return Service. – Continuing and new scholars shall join
and render service as forensic pathologists with the appropriate rank and
salary in the government, through the Department of Justice (DOJ), as soon
as they receive their board certifications in anatomic pathology and forensic
pathology.
They shall serve in the government for not less than the same period
they have enjoyed the scholarship established under this Act.
SECTION 10. Appropriations. – Such amount as may be necessary to
implement the provisions of this Act is hereby authorized to be appropriated
from the National Treasury. Thereafter, the amount necessary for the
continuous implementation of this Act shall be included in the CHED’s
annual appropriations.
SECTION 11.
Implementing Rules and Regulations. – Within ninety
(90)
days after this Act takes effect, the CHED, in consultation and
coordination with appropriate government agencies, representatives from
the private sector, and other stakeholders, shall promulgate the necessary
implementing rules and regulations for the effective implementation of this
Act.
SECTION 12. Separability Clause. – If any provision or part of this Act
is
held invalid or unconstitutional, the remaining provisions or parts
unaffected shall remain in full force and effect.
SECTION
13.
Repealing
Clause.
–
All
laws,
executive
orders,
presidential decrees or issuances, letters of instruction, administrative
orders, rules, and regulations contrary to or inconsistent with the provisions
of this Act are hereby repealed, amended, or modified accordingly.


SECTION 14. Effectivity Clause. – This Act shall take effect fifteen (15)
days after its publication in the Official Gazette or a newspaper of general
circulation.
Approved,