SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
) 
) 
) 
'1 ':i 
JUN -4 P2 :52 
SENATE 
S. No. 
2802 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
IMPROVING DNA FACILITIES IN THE COUNTRY 
EXPLANATORY 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. 
Owing to the efficacy of forensic DNA analysis, the application of modern DNA 
technology has played a crucial role in identity testing.' This technology has been utilized by 
many countries around the world and has been the subject of numerous legislations2 promoting 
the use of forensic DNA analysis both in criminal justice cases and mass fatalities. 
In the Philippines, there is an increasing demand for DNA analysis both from the 
government and private sector. This is why DNA laboratories were set up within the Philippine 
National Police (PNP) and National Bureau of Investigation (NBI) while !be DNA Analysis 
Laboratory nnder !be UP Natural Sciences Research Institute (UP NSRI) and the DNA 
Sequencing Facility at the newly-established Philippine Genome Center of the UP National 
Institute for Molecular Biology and Biotechnology (UP NIMBB) cater mostly to private requests 
1 Dr. Maria COl'azon A. De Ungria, Forensic DNA Analysis in Criminal Investigations, Philippine Journal of 
Science, 132 (I): 13-19 June 2003 (rSSN 0031-7683). 
2 Some countries which already have DNA legislations are the members of the European Union, the United 
States of America (both at the federal and state level), Australia, Canada, Russia, Kenya and Malaysia. 
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for the resolution of parentage issues. Noticeably, despite our growing reliance on DNA analysis, 
there is a dearth of DNA legislation in the country. 
This is particularly troubling since DNA Analysis is a most powerful tool for identity 
'testing especially in: (I) casework and (2) victim identification in mass fatalities. The value of 
DNA analysis in casework has been proven particularly in disputed parentage cases, post-
conviction DNA testing and crime scene investigations including the search for missing persons. 
This value is magnified in mass fatalities where it is often the case that the usual modes of victim 
i identification like dental comparisons and fingerprinting are not possible, so DNA testing 
, 
: becomes the most conclusive mode of identification for fragmented, burnt or decomposed 
remains. This was tested in the case of the 9/11 disaster (World Trade Center attacks) where 
, 
, thousands of remains had to be identified using DNA analysis. At the local level, it has been 
argued that an efficient DNA analysis system would have helped immensely in victim 
identification in mass tragedies like in the Ondoy and Yolanda floods. A more current example is 
i the painstakingly long and arduous identification of the Kentex fire victims which authorities 
have already declared would take many months before completion. 
I 
For this reason, it is important that the State supports the capacity enhancement of DNA 
1,Ifacilities in the country. Capacity enhancement includes improving the infrastructure and 
'ilanalytical capabilities of DNA laboratories in order to process DNA samples more efficiently 
i,and cost effectively. Hopefully, better DNA facilities can also pave the way for advanced 
, 
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i(eSearCh (0 fast-track scientific breakthroughs in the field of DNA analysis. 
I 
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SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'!') 
J\JN -4 P 2 :52 
SEN~i 
S.No. 
02 
~. 
-----------------------------'-:-,-' 
--'-~( :-' :--"~---lJ~ 
Introduced by Senator Miriam Defensor Santiago 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
I 
AN ACT 
2 
IMPROVING DNA FACILITIES IN THE COUNTRY 
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SECTION I. Short Title. - This Act shall be known as the "DNA Capacity Enhancement 
4 
Act of2015". 
5 
SECTION 2. Declaration of Policy. - The State recognizes the need for improving DNA 
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facilities in the country to answer the increasing demand for DNA analysis for identity testing in 
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mass fatalities, casework and research. 
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SECTION 3. Definition of Terms. - For purposes of this Act, the following terms shall 
9 
mean: 
I 0 
(a) The term "DNA analysis" means analysis of the deoxyribonucleic acid (DNA) 
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identification information in a bodily sample. 
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(b) The term "DNA facility" means any government institution, laboratory or office 
13 
which conducts DNA analysis in the country. 
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SECTION 4. DNA Capacity Enhancement Plan - The Secretary of Science and 
15 
Technology, in consultation with the heads of the government-funded DNA facilities including 
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the DNA Analysis Laboratories at the University of the Philippines, Philippine National Police 
17 
and the National Bureau of Investigation and the DNA Sequencing Facility of the Philippine 
18 
Genome Center, shall draw up an annual DNA Capacity Enhancement Plan that shall: 
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(a) Assess the prevailing capacities of existing government-funded DNA facilities in the 
2 
country in terms of equipment and human resources, and identify inadequacies and 
3 
areas of improvement; 
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(b) Propose the acquisition of necessary DNA analysis equipment, and recruitment and 
5 
training of scientists, accompanied by the corresponding budget for its 
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accomplishment to be included in the proposed general appropriation items of the 
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head agencies of the facilities involved herein, wherever applicable; 
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(c) Promulgate rules and regulations regarding DNA analyses, methods and facilities, 
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including quality assurance protocols and practices that the international scientific 
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community considers adequate to assure the quality of a DNA laboratory; and 
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(d) Establish guidelines for better coordination and cooperation between government-
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funded DNA facilities in the country so as to provide a more efficient DNA analysis 
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system. 
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SECTION 5. Restriction On The Use of Funds Appropriated Under This Act. - Any part 
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of funds received from a grant made under this Act shall be used strictly to develop or improve 
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government-funded DNA facilities in the country. Any DNA facility which receives funding 
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under this Act may not use more than ten percent (l0%) of such funds for administrative 
18 
expenses. For the purposes of this Act, administrative expenses do not include research grants 
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and trainings of DNA forensic experts. 
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SECTION 6. Report to Congress. - Not later than 90 days after the end of each fiscal 
21 
year, the Secretary of Science and Technology, in coordination with the heads of the 
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government-funded DNA facilities including the DNA Analysis Laboratories at the University of 
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the Philippines, Philippine National Police and the National Bureau of Investigation and the 
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DNA Sequencing Facility of the Philippine Genome Center, shall submit to both Houses of 
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Congress a report that includes -
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(a) The aggregate amount of funds made under this part to each government-funded 
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DNA facility; and 
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(b) The summary of information provided by each government-funded DNA facility 
2 
regarding the use of such funds uuder this Act. 
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SECTION 7. Separability Clause. - If any provision or part hereof, is held invalid or 
4 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 8. Repealing Clause. - All laws, orders, issuances, rules and regulations or part 
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thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified 
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accordingly. 
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SECTION 9. Effectivity Clause. - This Act shall take effect within fifteen (15) days after 
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its pUblication in the Official Gazette or in at least two (2) newspapers of general circulation, 
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whichever comes earlier. 
Approved, 
hapt22May201S 
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