FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
9 
[JCr14 Ilil :11 
SENAT,E 
S.B. No. 3487 
Introduced by Senator Miriam Defensor Santiago 
EXPLANA TORY NOTE 
The Constitution, Article 14, Section 10 provides: 
Science and technology are essential for national development and 
progress. The State shall give priority to research and development, invention, 
innovation, and their utilization; and to science and technology education, 
training, and services. It shall support indigenous, appropriate, and self-reliant 
scientific and technological capabilities, and their application to the country's 
productive systems and national life. 
In First World countries, DNA technology has been acknowledged as vital to ensuring 
accuracy and fairness in the criminal justice system. This technology can be used to identify 
potential suspects whose DNA may match evidence left at crime scenes; exonerate persons 
wrongly accused of crimes; and identify crime victims. At present, DNA technology is largely 
used in this country to establish paternity and other family relationships. 
This bill seeks to provide for the establishment of a Forensic DNA Databank, the taking 
of DNA samples, forensic DNA analysis, and the use of DNA profiles and any information 
related to it to aid the country's criminal justice system. 
~ 
)In. ,_. [Lrfi-
~IRIAM Dl~Fi~sOltSANTiATo 


FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
Third RegularSession 
) 
11"1' 1 ,r, 
.\1'·! I 
U!.I 
_ --, 
I," 
~ 
SENAJf4 8"! 
S.B. No. ~~_-' 
Introduced by Senator Miriam Defensor Santiago 
1 
~Acr 
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PROVIDING FOR THE ESTABLISHMENT OF A FORENSIC DNA DATABANK 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
3 
SECTION 1. Short Title. - This Act shall be known as the "Forensic DNA Databank Act 
4 
of2009." 
5 
SECTION 2. Declaration of' Policy. - The State recognizes that DNA technology is an 
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indispensable tool to ensure accuracy and fairness in the criminal justice system. When used to 
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its full potential, DNA technology will permit the criminal justice system to identify criminals 
8 
quickly and accurately. 
More crimes will be solved and persons mistakenly accusep or 
9 
convicted of crimes will be cleared if the criminal justice system is provided with the necessary 
10 
funding, technology, and assistance it needs to reap the benefits of DNA technology. 
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SECTION 3. Definitions. - In this Act, the term--
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(a) 
"Appropriate consent" means (I) in relation to a person who is under the age of 
13 
eighteen years, the consent in writing of his or her parent or guardian; (2) in relation to a person 
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who has attain~d the age of eighteen years. the consent in writing of that person; or (3) in relation 
15 
to a person in whom there is a condition of arrested or incomplete development of mind or body 
16 
whether such condition arises from inherent causes or is induced by disease or injury, and who is 
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incapable of understanding the general nature and effect of a forensic DNA analysis or is 
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1 
incapable of indicating whether he or she consents or does not consent to give his or her intimate 
2 
sample or non-intimate sample, the consent in writing of his or her parent or guardian; 
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(b) 
"Authorized officer" means any police officer not below the rank of Police 
4 
Superintendent; 
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(c) 
"DNA" means deoxyribonucleic acid, which is the chain of molecules found in 
6 
every nucleated cell of the body. The totality of an individual's DNA is unique for the individual, 
7 
except identical twins; 
8 
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(d) 
(e) 
"DNA Databank" means the Forensic DNA Databank established under this Act; 
"DNA profile" means genetic information derived from DNA testing of a 
10 
biological sample obtained from a person, which biological sample is clearly identifiable as 
11 
originating from that person; 
12 
(f) 
"Forensic DNA analysis" means any <lIlalysis carricu (lui Ill[ the purpose or 
13 
determining a i)ers(ln's idclltity: 
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(g) 
(h) 
"Non-intimate sample" means-
(I) 
(2) 
(3) 
(4) 
A sample of hair other than the pubic hair; 
A sample taken from a nail or from under a nail; 
A swab taken from any part of a person's body other than a part from 
which" ",ab laken would be an intimale s<llnplc; m 
Saliva; 
"Intimate sample" means -
( I) 
(2) 
A sample of blood, semen or an.' olher tissue or Iluld taken li'om a 
person's body, urine, or pubic hair: or 
A swab taken !i'Onl Imy pari OC:l p~rson's genilals (including pubic hair) or 
24 
li'om a pers()n's body uri lice othe!r thun Ihe mouth. 
25 
SECTION 4. Establishment of DNA Databank. - (a) A DNA databank by the name of 
26 
"Forensic DNA Databank" is hereby established. 
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1 
(b) 
The DNA Databank shall be umkr the InarwgcnlcllL control. <llId sllpcn isiOll or 
2 
lIw I lead or DNA I Jatabank. 
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(e) 
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The DNA f);jtab<lnk slwll consist oClhe {{,lllming indices: 
(1) 
/\ crinlc scelle index which shall contain DNA pro1iks and any 
in{(lI"Imllion in relation thereto derived li'om an illtimatc sample or a lion·· 
intimate s!lInple Ihnl is l()Und·-· 
(i) 
011 anything or at <Iny place "herL' an ol'fcnse \vas cOlllmitted: 
(ii) 
un or within the bod) oj" a victim or an o("kllsc; 
(iii) 
on any thing "orll or cmried b)" the victim of" I1n "i"ll'nsc at the 
time when the o("!Cnse was cllIllmitkd; or 
(iv) 
on or withill the body of any person reasonably suspected or 
havillg committed all o{"fellse: 
(2) 
/\ slIspeetL,d persons index which shall contain DNA profiles and 
any 
ini(lJ"lnatiol1 in felation thereto derived from ;11\ intimate sample: or u nlln-
illilinale sample taken rrom [lcrso[ls reasonably slispected or having 
committed Wl ofrense and illcludes slispects who have not becn charged in 
any court Il)r all> offense: 
0) 
/\ convicted olfcndcrs index which shull cOlltain DN/\ profiles und all) 
in("ormation in relation Ihereto derived J"roll1 ,\11 intimate sarnpk or 
a 
non-intimate sampie taken 
Irolll persons eOIl\'icted 01 allY olTcnsc 
under any Jaw: 
(4) 
/\ detainee index which shall contain DI\I/\ prullks and any inJ()J"fnalion 
I["[ 
relatioll 
thereto 
derived 
from 
WI 
intimate salilple or a non-
intimate sample taken from a detainee: 
('» 
A missing [lersom index vvhich sl"tli conlain DN·,\ proliks and any 
illflli"lllalioll in n:latiol1 there10 derived Crolll all mtill1atc sample or a 
non-intilllate sampk taken (i'OITl-' 
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(d) 
(6) 
(i) 
( i i) 
(ii i) 
th~ body or parts 01' the body or ail unidl'llIilicd deceased 
person:, 
allY thing worn or cnrril'd by a ll1i'\sing r~rson:\ or 
the next orkin ora missing person ifso rcqllin~d: ,\Ild 
A voluntary index whi~h sl1<li1 contain J)N;\ prolilcs and any ml<'mnntiol1 
III 
rt~lalion 
th,~rt'l() 
derived 
irom 
an 
inliliwtc: sUlllple 01 
;,1 lion-
intilllalc sample taken I'rom a person who volunteers to submit the 
same lill' the purpose or storage' or tlK' DNA inl(mnatmn in the DNA 
Databank and fiJr stich nthe'r purposes referred to in this Act 
The DNA Databank shall be under the Department of Justice, 
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SECTION 5, Objectives of DNA Databank. - The DNA Databank has the following 
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objectives: 
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(a) 
(b) 
The primary objective of the DNA Databank is to kecp and Il1Hintnin (he indices 
rderrcd to in section" (e) Illf the j1nrpose of' human identification in relation to 
In addition to subsection (a), the DNA profiles and any information in relation 
thereto kept and maintained in the ON A Databank may be used in assisting -
( I ) 
The recovery or identification of human remains from a disaster or for 
humanitarian purposes; and 
The identification of living or deceased persons. 
21 
SI'CTJON 6, Fll11('(iOJ1 of DN.1 /)%iJank, """ The DNA Datalxmk shall store DNA prol"cs 
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and anv inl(lllllatiolt in relation thereto f'ro!l1 any Illrert';lc DNA ~lIl,liysis earned oul hy the 
23 
National Ilureau or lnv~sti,mtion. the Philippine National Policc. or any Imv Cnl(lrCCrllel11 agc'llcy 
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or hody ,IS lIlay Ill? dl?sign<lICd by the Secretary ol"Justice fj'(l111 lime 10 tinle by order. 
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SECTION 7, Appointment of Head and Deputy Head of the DNA Databank. - (a) The 
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President of the Philippines shall appoint the Head of the Forensic DNA Databank for such 
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period and on such terms and conditions as may be specified in the instrument of appointment. 
3 
(b) 
The President shall appoint the Deputy Head of the DNA Databank as may be 
4 
necessary [or the purposes of this Act. The Deputy I-lead shall be subject to the control and 
5 
direction of the Head of the DNA Databank. 
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(c) 
The Head of the DNA Databank shall report to the Secretary of Justice. 
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SECTION 8, Board of Visitors. - (a) The President shall appoint a Board of Visitors 
8 
composed of one (I) representative each from the Commission of Human Rights; the 
9 
Department of Science and Technology; an accredited nongovernment organization whose main 
10 
advocacy is human rights, crime prevention, or a similar advocacy; the University of the 
11 
Philippines; and a retired justice of the Supreme Court. 
12 
(b) 
The Board of Visitors shall advise and make recommendations to the President on 
13 
all matters pertaining to the Forensic DNA Databank and the use of forensic DNA technology in 
14 
the criminal justice system. 
15 
SECTION 9, Functions and Powers of the Head of the DNA Databank. - (a) The Head of 
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the DNA Databank shall have the following functions: 
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( I ) 
(2) 
(l) 
To be responsible for the general conduct, administration. and managemenl ol"lhe 
DN A D'ltabank; 
T(\ l'slablisilllleci"wnisnis to laeilitate till' c(llkc,tion. stmugc and dissemination oi' 
data ill connection with DNA prol"iks and any 
inii)l"Jllution 
ill relalion 
tlwfet() stored in the DNA Databank: 
To CIISU!"C lhat DNA prol"ilcs and any Iniot'll1alioll in rciution I.her.'to mc scclird) 
stored and rclllnin confidential; 
To stOl"C and dispose of the intimate "lIllpie and non-intimate sample taken Jilr 
the {lurl'mcs of t(lrcnsic DNA anal)sis in accordance with the provisions or 
Ihis Acl and as prescrihed: 
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(5) 
(b) 
To c()(lll~rat~ with 
Il)r~ign law <:nll)J'CCIlH.'/1t 
ag\.'nci~s III accordance willi the 
provisiolls of Ihis Act; and 
To carry out any other lunctions conJi:rred by or under this Act and to 
perllJrll1 any other functions thai me suppit:rncnlaL incidental. or cOl1scqucnliiJi 10 
any of the fUllctions spcciricd in this seelioll or in furthcrunce of llie objectives of 
tlie DN/\ Databank. 
The I kad of the DN/\ Databank shall have all such powers as nmy he nccc<;sary 
8 
lor, or III connection with, or in<;ici<:lltal 10. thc pcrlonnuncc nf his or her limetions under 
9 
this /\1.'1. 
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SECTION 10. Rectification of Particulars in DNA Profile and Information. - (a) The 
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Head of (he DNA Databank shall be entitled to rc:ctify the particulars in thc DNA profiles alld 
12 
<Iny information in rdation thereto i I~ 
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( I ) 
(2) 
/\ ckrical <:rror has occulTed; and 
Suflicicllt evidence is pnlcillccd to satisl)- hinl or lier that the entry made IS 
15 
i ncmrccL 
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and Oil making tlie rcctilicntion he or she shall. where ncccss:lI),_ issue to the person entitled to 
17 
the inrorllwtionlkrivcd from the analysis of sam pic taken ((If him.tilc p,lrtieulars so rcct.illed. 
18 
(b) 
The powers under this scction shall be exercised by the llcad or the DN/\ 
19 
I )atabnnk ulont'. 
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(e) 
/\ny rectification made pursuant to this scction shall not be construed as an act or 
21 
l<lInpL'ring, abetting. or attcmpting to tamper with any DNA profile or any inf(lnnation in rciation 
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tiwrelo contained in the ])N/\ iJatabank mcnli<lncd in section .. 
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SITTION I I. :kces.\' "lnN:/ Pro/ill' (lnd /J(/imnllli()lI. 
The access to. a eom\l1unication. 
24 
or Ll.sC or DN/\ proliks <IIld any inl(JrIllalioll ill reiation/hereto stored in the DN/\ Databank shall 
25 
only be I()\' the purposes ot~ 
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(:1 ) 
I"orcnsic comparison \\ ith any other DNA proJilcs or inll>rlllatioll in the cours\.' or 
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2 
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(b) 
(e) 
an inw~tigution oeany onell:;c conducted by ilny enl()1'ccmcnt agency: 
Administl'ring the DNA J),ltabank; or 
Making the illi(l1'Illation ,lv,lilable to the person to whom the inl(Jrmut;on relates. 
4 
SF( ''!'JON 12. 'Ii/kin!', oj Intimate SUlllple . (a) An intimate sumple of (I) a person 
5 
reasonably suspected or havillg cOlllmitted an oDcll'e: or (2) a detaiuee. l1lay he tak(~11 f,x 
6 
i()I'(:nsic DNA analysis only il'· 
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(i) 
(i i) 
(hl 
an aulhnri,cd omccr authoril.cs it to be taken. and an appropriate COf]:;ent in 11K 
prescribed l(mll IS given by the person li'olll whom an intim<\lC smnplc IS to be 
,taken; or 
n judge orlh" Regiollal Tri'll Courl vvhieh has jurisdiction over the place "helT 
tlie ()rrl~nSC was cornrnilled or the plac(; whet'C the detainee is detained orders the 
laking or the intimate sallipk. 
Subject to an appropriate cOllsent being. an authori/ed ot'iiccr shall only gi\C his 
14 
or her authorization if'· 
15 
16 
17 
18 
19 
20 
21 
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( I ) 
(2) 
(c) 
lie or she has reasonable grounds I()I' ~ 
li) 
(i i) 
suspecting that the pcrson (i'om whom the intil1l,llc sample is to be (Hi,en 
hns committed an o('Jcnsc; and 
believing that the sample will tend to confirm or disprove the commission 
or the onen,,; by that person: or 
An arrest has been effected on or a detention order has been made against a 
detainee under the law. 
An authorized officer shall give his or her authorization in writing; or where it is 
23 
impracticable to give his or her authorization in writing. may give such authorization orally. in 
24 
which case he or she must confirm it in writing as soon as may be possible. 
25 
(d) 
A person from whom an intimate sample is taken shall be entitled to the 
26 
information derived from the analysis of the sample taken from him or her. 
27 
(e) 
An intimate sample shall only be taken by a government medical officer. 
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SECTION 13. Taking of Non-Intimate Sample. - (a) A non-intimate sample of (I) a 
2 
person reasonably suspected of having committed an offense; or (2) a detainee, may be Laken 
3 
only ifan authorized officer authorizes it to be taken. 
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10 
11 
12 
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(h) 
(I) 
(2) 
(el 
I\n authorized officer shall only giw his or her authori/.atioll under subsedion (a) 
, he has reasonable grounds for-
(i) 
(ii) 
suspecting that the person /i'O!ll whom the non-intimate sample is In IK 
taken has committed an on0l1ce; and 
bclkvin[! that the smnpk "illtenu to eOl1lirm or disprove the cornmissilll1 
of thL' o!'!"nsc by that person: 
an arrest has been elTecled on or a detention oj'(kr Il<Is been rnmk rlgail1S1 a 
dc1tlilJ(:L~ under the 11\\,; 
An Huthoriz.ed nll'iccr shall give his or hel 11uti1ori/alion IInder subsection (a) in 
14 
writing: or where i( is impracticable to give his or her authorization in writing, may give such 
15 
authorization orally, in which case he or she must confirm it in writing as soon as may be 
16 
possible. 
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(d) 
The person from whom a non-intimate sample is taken shall be entitled (0 the 
18 
information derived from the analysis of (he sample taken from him or her. 
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(e) 
A non-intimate sample shall only be taken by a government medical officer or a 
20 
police officer. 
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(f) 
.A police officer may lise all means reasonably necessary for the purpose of taking 
22 
or assisting the taking of a non-intimate sample from a person. 
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SECTION 14. Refusal to Give Sample. - Ifa person from whom a non-intimate sample is 
24 
(0 be taken under this Act refuses to give such sample, refuses to allow such sample to be taken 
2') 
from him or her, or obstructs the taking of such sample from him or her, he or she commits an 
26 
otTense and shall, on conviction, be liable to a fine not exceeding ten thousand pesos 
27 
(PIO,OOO.OO) or to imprisonment for a term not exceeding one (I) year or both. 
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SECTION 15. Sample Given Voluntarily. - (a) Any person, other than the person whose 
2 
intimate sample or non-intimate sample maybe taken under sections 11 and 12, may voluntarily 
3 
give an appropriate consent in the prescribed form to a police officer not below the rank of 
4 
Police Superintendent for the taking of his or her intimate sample or non-intimate sample. 
5 
(b) 
Where an appropriate consent is given under subsection (a), a police officer not 
6 
below the rank of Police Superintendent shall, before the taking of the intimate sample or non-
7 
intimate sample, inform the person from whom the sample is to be taken -
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(I) 
(2) 
that the DNA profiles and any information in relation thereto dc:rivcd limn the 
intimate ~mnplc or non-intimate salllrk may be stored in the DNA Databank and 
may be u~cd fill' the rnrposes of 1(lr(?l1sic DNA analysis. police inquiry. HlLd lilr 
slich purposes referred to in this Aet; 
that he or she: nwy make a request to a police office'r I'll' an ucccss to (he 
'information; and 
lhat he or she may at any time withdraw his COllsent given IInder suhsectioll (a). 
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SECTION 16. DNA Sample of Prisoner. -
/\11 intimate' sample or a nOll-intimate sample 
16 
lllelY be taker,] till' forensic DNA analysis {i'Olll any person who is s<:rving his or her term 
17 
or imprisonment in cOllnection with 1111 on~~nse orvvilich Ill' or she hels becn convicted. 
18 
Sf-:< 'TION 17. Storage (llId i!i.ljI(),I'U{ or Infimale and ;Von .. [ntillwlc Sample.\', 
(a) The 
19 
I kad of' the DNA Da(abanK shall safely and securely store <III intimate s<llllpks Ulld lloll-intinlUlc 
20 
samples that un! collected !()I' the purpose or I()rcnsie DNA an<llysis, (he pOliions or the samples 
21 
that 
the 
! kat! or the 
DN/\ Databank collsi,kr appropriate and without dcl,l)' destroy any 
22 
rcnlainillg portions. 
23 
(h) 
24 
intimate s<lmpic shall be prescribed by the approrriatc rnles and regulations. 
25 
SI:c'TION I~. /!CI1'IOl'u/ 01 f);V!J I'm/ile lind /njorlllolionji'oll1 ,"lIl'/le'clei/ j'e!'Sons Index, 
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1 
WJwrc an intimate sampk or u non-intimate sample has IX;CI1 wkcn jll <1ccordam:c with this Act 
2 
1'1'0/11 a pCI'son reasonably slispected oChuving c01111l1ilted un ol'knse and-
3 
4 
5 
6 
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8 
9 
10 
(u) 
(11) 
(e) 
(d) 
(e) 
investigations reyenl that he: or shl' wm lIut il1vohed in the commission or any 
orknsc: 
the charge against him or Iwr in respect of<lllv ollcnsc is withdrawn: 
he or she is dischargl'c\ by tI (<Jurt of all oITen"l' with "hich he or sill' has been 
chmgcu, at trial or on appeal: 
he or she is w;quitleu or an oneIlS': with which he or shc ha,; been char~led~ al trial, 
. or 011 Hppcal; or 
he or she is not charged in uny court {(If any oncilsc within it period or one (I) 
11 
ycar Ji'llll1 Ihe dalc ortaking oj sllch ~:lJ1lpJc fwm hill1 or heL 
12 
the llcnd or the DNA Dalabank shalL within six (6) months or so heing notilkd by (he officer in 
13 
charge of:1 police district ol'lhe lilet referred to in paragruph (a), (b)~ (e), (eI), or (c), remove the 
14 
DNA [,milk and any inl(lrnliltion in relation thereto "fsuch pcrSOll 110111 the DNA Databank. 
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SI·:CT10N I (I. Ofli'rlsc or rumperi,,?,. Ahclling. or .·ll1emIJling I{) TamWf ",ilh Sumple. 
16 
(a) A person commits an oi'1cllse if he or she tallipers or causes 10 he tampered with any Il1timutc 
17 
sample or non-intimate sample taken for the purposes oflhis Act. 
18 
(b) 
An} person who contravenes suhsectioll (u) cOlllmits an ollcilsc and shalL on 
19 
cOllviclion, b,~ liable \0 il1lprisonment I()I' a \<:J'lll not exceeding live (5) years or to a tlnc flot 
20 
l:xeceding lilly t1HlIIsanu pesos (PSO,OOO.OO) or to both. 
21 
(e) 
;\11)' person \vho abcls the commission or or "hu ill.1el11J1ls to commit Ihe o{kns(; 
22 
tlndcr this scction shall be guilty or thaI ofknsc and shall, on 
C<lnvicti()ll~ be liable 10 the 
23 
punishilleni provi<kd /(lr lhnl ()n<~n"': 1'/'III·ided. thai lin)' tcrm of imprisonmcnt illlposed shall not 
24 
cxceed one·-halr (l! the IIIUxill1unl terlll pntvidcd 1\)1- lhl' olTel1se. 
25 
SECTION 20. IhuIIII/Wfized iJsc or Cornmllniulliorl oj nN,/l'rofi/!! Of il1jorll1l1/1011.· (a) 
26 
No person wllo receives II DNA prolilc I()r clltry in thc DNA DlIllIbank or who hlls acccss to 
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1 
inforillution containcd in the DNA 1),llailallk shall not usc or communicutc stich DNA projjie 
2 
or any Illilmnatioll ill rci<llio!1 therein otlK'r than Illr the purpose or lili, Act. 
3 
(b) 
Any person who conlr,lvelWS subscclion (a) ('ol1lmilS Ull offense Clnu shalL, on 
4 
conviclion, be liable 10 imprisonmcnl for a Icnn not cxcceding Jive (5) ycars or to a linc nOI 
5 
exeecding 1Ifty thollsand peSOS (l'50J)O(J,OO) or to both. 
6 
SI,'CTION 21. OhliWllion oj .\'(,CI'(,(,)'. ,(a) The I lead, Deputy IIc"d, and officers or Ihe 
7 
DNA U"labnnk, or any persoll who tlJf 11l1y I'cason, has by :l11y ltlcans aCl'COS 10 <lny da1,1, record, 
8 
book, rcgister, correspundellce, dOCluncnl whatsoever, or materinl or inl(Jrnlation, rdating tu the 
9 
DNA proJii<:s <lnd <lny infnnnation in relation Ihcrelo in the UNA D:llahank which he or she has 
10 
acquired in the pcr/(J1'mancc or his or her functions or the excrcisl' of his or her powers, shall nol 
11 
give, divulge, rl'veal, publish, or nthcrwisc disclose to <Iny pl~rson, such dneul11cnt, mall~riuL or 
12 
inl(JI'Ination unless the disciusurl' is rcquirl'd or aUlhorizcd·-
13 
14 
15 
16 
17 
18 
(I) 
(2) 
(3) 
(4) 
(b) 
under this Act or rcgulatinns made under this Act: 
under other laws; 
by any court; or 
for the performance of his or her functions or the exercise uf his or her powers 
under this Act or regulations made under this Act. 
Any person who contravenes subsection (a) commits an offense and shall, on 
19 
conviction, be liable to itllprisonment J(lr a term not excel'ding Jive (5) years or to a line not 
20 
,~xccl'ding lii'ty thOUS<l1ld pesos (P5(),I)()O.OO) or to bOII1. 
21 
SECTION 22, Offense of Tampering, Abetting, or Allempting to Tamper with DNA 
22 
Profile or In/ormation. - (a) A person commits an offense if he or she tampers or causes to be 
23 
tampered with any DNA profile or any information in relation thereto in the possession, custody, 
24 
or control of the DNA Databank, 
25 
(b) 
I,'or tile purposes 0[' Ihis section, tampering with any DNA pro!ile or any 
26 
inllJrlnatioll in relation thereto includes the [()lIowing: 
11 


1 
(I) 
such DNA profile or any information in relation thereto is altered or erased; 
2 
(2) 
any new DNA profile or any inil>nnalion in rdat;on thereto is introduced or 
3 
added to stich DNA profilc or any inl\)f'lnation in rdation tilereto; or 
4 
any c'vcnt occurs "hieh impairs the ahility of tilt' I kad. the Deputy I kad, or 
5 
ortieers or the DNA Databank te> have aeecss to stich DNl\ rrolilc~, or any 
6 
inl\mnnlion in rdatiOlI there'to. 
7 
(e) 
Any person who cOlllmils all on"ns,: under tilis scct;on shall. Oil conviction. be' 
8 
liable to imprisonment I(lr a le'rm not exceeding live (5) years or to a tinc !lot exceeding filly 
9 
thousand pesos (P50,()()O.OO) or to both. 
10 
(d) 
Any person who abets the cOl1lmission or nr who attempts 10 commit the oftt:nsc 
11 
under this section shall be guilty oC that of Tense and ~hall, oli conviction, be liable to thee 
12 
punishment provided fi)r that olkllSC: l)r(},'hf~d that uny tcrlll imprisonment imposed shall not 
13 
exceed olle-hal f of the maximum term provided Illr the ofi(:nsc. 
14 
SECTION 23. Cooperation with Foreign Law Enforcement Agencies. - (a) The Head of 
15 
the DNA Databank may, UpOIl request by a I(Heign law cnllwcemellt agency, compare a bNA 
16 
profile re.'ccivcd Crolll the (()reign 11m enllll'l:cmcnt agency with tlte' DNA proli\cs in the DNA 
17 
ll<lt<llJank in order to ektcrmillC whe,ther such DN;\ prolik i'i already contained in the DNA 
18 
Dnlabal,k and com\l\unicate any relevant inl(lrmntionto the I(JITign hi\\' enCorecll1ent agcncy. 
19 
(1)) 
The Ilcad or the DNA Datahank mny, upon 
11 request by a !l)feign law 
20 
enl(Jrcerne:lIl agency in the course of an investigation oC an offense or :.1 pmseclltioll or u crimina! 
21 
oni:nsc in lhat foreign statc, cOllllllllnieatc 1.1 DNA prolile contained ill till' DNA Databank to 1hat 
22 
23 
\:01' the purp<'"cs of this section, "foreign 1m' cnf()l'cell1cnt agency" nleuns lhc law 
24 
enf'orcell1cnt agL'ncy of':t foreign state and includc'i :In international organi/atioJl. 
25 
SECTION 24. Information/rom the DNA Databank to be conclusive. - Any inf(ll'llwtion 
26 
rronl tile DNA Databank sllall be admissible: liS 11 conelusiy\.' proof of the DNA identification in 
12 


1 
<my procLTdings in any court. 
2 
SI':CTION ::'<;. I'ro/e('//()n /1<~(/il1s/ .·k/ionl lind !.ewt! f'mceedil1gs 
No action .. suit 
3 
prosecution .. or other proccedings shall lie or be brought, instituted, or maintained in any court 
4 
'lgainst the I lead .. Deputy I lead .. and ol'lkers or tile DNA Datahank, gO\'l'rnmcn( medical oCiker, 
.5 
or ally public of'licer in respect or :HlV '1(:1. nq.\kcL dct(lUiL (H' omission dOlle by him or her in 
6 
go()d faith ill carrying out his or her pOlVers .. functions, <lud responsibilities under this Act 
7 
SECTION 26. Rules and Regulations. - Not later than one hundred twenty (120) days 
8 
after the date.of the enactment of this Act, the Secretary of Justice .. in consultation with the 
9 
Secretary of Science and Technology and the Commissioner of Human Rights, shall promulgate 
10 
rules and regulations to implement this Act, including, but not limited to-
11 
12 
13 
14 
15 
(a) 
(b) 
(c) 
(d) 
the procedures in taking and disposing of intimate sample and non-intimate 
sample: 
prescribed forms; 
the management, administration, and control of the DNA Databank; and 
any matter which under this Act is required or permitted to be prescribed or 
16 
which is necessary or expedient to be prescribed. 
17 
SECTION 27. Authorization of Appropriations . . - To carry out the provisions of this Act, 
18 
there are authorized to be appropriated such sums as may be necessary for each fiscal year. 
19 
The Forensic DNA Databank mllst be established within two (2) years after the 
20 
effectivity of this Act. 
21 
SECTION 28. Reportorial requirement. - Within two (2) years after the establishment of 
22 
the Forensic DNA Databank, its Head shall submit a report to Congress on the costs and means 
23 
to implement the provisions of this Act. Thereafter. the Head of the Forensic DNA Databank 
24 
shall submit an annual report to Congress. 
13 


, 
1 
SECTION 29. Separability Clause. - If any provision, or part hereof is held invalid or 
2 
unconstitutiol1al, the remainder of the law or the provision not otherwise affected shall remain 
3 
valid and subsisting. 
4 
SECTION 30. Repealing Clause. - Any law, presidential decree or issuance, executive 
5 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
6 
with, the provisions of this Act is hereby repealed, modified, or amended accordingly. 
7 
SECTION 31. Effectivity Clause. - This Act shall take effect fifteen (! 5) days after its 
8 
publication in at least two (2) newspapers of general circulation. 
Approved, 
/jab 121 009 
14