Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
Second Regular Session
House Bill No.   10060
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Introduced by Rep. FERDINAND ALEXANDER A. MARCOS
|st District,  llocos Norte
EXPLANATORY NOTE
The  1987  Philippine Constitution acknowledges that "Science and technology
are essential for national development and  progress" (Article XIV, Section  10).  In line
with  this,  the fundamental  charter mandates the  State to  "regulate the transfer and
promote  the  adaptation  of  technology  from  all   sources  for  the   national   benefit"
(Section  12).
In   advanced   Western   countries,   DNA   technology   has   proven   to   be   of
significant  benefit in their respective  criminal justice  system.  It can  identify criminals
as well as prove a person's innocence with amazing accuracy.  It can even establish
filiation  (that  is,  settle  questions  whether  people  are  related  to  one  another).  With
access   to   such   a   technology,    imagine   how   efficient   and    effective   our   law
enforcement  agencies  would  become  the  moment  they  could  establish  electronic
databases containing indices to crime scenes, arrested persons, convicted offenders
(including  serial  criminals  and  sex  offenders),  missing  persons,  unidentified  human
remains,  etc. This would  certainly be a vital tool to ensure accuracy and credibility in
criminal    investigations.    Adopting    modern   forensics   would    go    a    long   way   in
guaranteeing fairness in the Philippine justice system as a whole.
In  view  of  the  foregoing,  immediate  approval  of  this  measure  is  earnestly
requested.
FERDINAND ALEXANDER A. MARCOS


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
Second Regular Session
House Bill No.10080
Introduced by Rep.  FERDINAND ALEXANDER A. MARCOS
|st District,  llocos Norte
AN ACT
ESTABLISHING THE  PHILIPPINE NATIONAL POLICE FORENSIC DNA DATABASE
AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
ARTICLE I
PRELIMINARY
SECTION   1.   Short   71.i/e.   This   Act   shall   be   known   as   the   "PNP   Forensic   DNA
Database Act ".
SEC. 2. Dec/araf/.on of Po//.cy.  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   framework   for   the   creation   and
establishment of a centralized and  nationwide deoxyribonucleic acid (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.
SEC. 3. Def/.n/`f/.on of Terms.   As used in this Act:
a.    Biological  or  deoxyribonucleic  acid   (DNA)   sample  rofers  to  any  orgariic  maker.ial
originating  from  a  person's  body,  including  those  found  in  inanimate  objects,  that  is
susceptible to DNA testing;
b.    Bucca/  swab  refers  to  a   sample  of  cellular  material  taken  from  the   inside  of  a
person's mouth;
c.    Cert/.f/'ed DIVA  Co//ecfor refers  to  a  police  officer or  a  person  who  has  successfully
completed   the  training   prescribed   and   certified   by  the   PNP   Forensic   Group,   in
respect of the taking of buccal sample and biological DNA sample;


d.    Cr/'me  scene  samp/e  refers  to  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 involved in an offense or crime;
e.    DIVA  refers to  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;
f.     DIVA  evt.dence  refers  to  the  totality  of  the  DNA  profiles,  results  and  other  genetic
information directly generated from DNA testing of biological samples;
9.    DIVA  prof/./e  refers  to  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;
h.    DIVA prof/.//.ng or DNA  fyp/.ng  refers  to  a  process where  a  minute  sample  of genetic
DNA material is taken from a human tissue and is given an analyzed numeric value;
i.     DIVA  fesft.ng  refers  to  the  generation  of  DNA  profiles  and  the  comparison  of  the
information  obtained  from  the  DNA  testing  of biological  samples  for the  purpose  of
determining, with reasonable certainty, whether or not the  DNA obtained from two or
more    distinct    biological    samples    originates    from    the    same    person    (direct
identification)  or  if  the  biological   samples  originate  from   related   persons  (kinship
analysis);
j.     Fore/'gn /aw enforoemenf agency refers to the  law enforcement agency of a foreign
state    and    includes    any    recognized    international    organization    established    by
government   or     states   of  which   the   Philippines   is   an   official   member,   or  any
international organization;
k.    Forems/.c DIVA  ana/ys/.s  refers  to  analysis  of the  DNA from  a  body  sample  or crime
scene sample to determine forensic DNA profile;
I.     Forens/.c  DNA  prof/./es  refer  to  the  result  obtained  from  forensic  DNA  analysis  on
body  sample  or crime  scene,  providing  a  unique  combination  of genotype  obtained
from  DNA analysis testing of multiple loci to provide identity reference;
in.  Intimate sample rofers to
i.       A  sample  of blood,  semen  or any  other tissue  or fluid  taken  from  a  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.
n.    Non-intimate sample refers to
i.         A sample of hair other than the pubic hair;
ii.        Asampletakenfroma nailorfrom undera nail;


iii.       A swab taken from any part ofa person's body otherthan a part from which a
swab taken would be an intimate sample; or
iv.        Saliva.
ARTICLE  11
FORENSIC DNA DATABASE
SEC.  4.   Establishment  of  Philippine   National   Police   Forensic  DNA  Database.   A
forensic DNA database under the Philippine  National  Police (PNP), to be known as the PNP
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; or
ii.            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 or persons deprived of liberty;
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 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 sample of a donor;
9.    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,  carried or used by a missing person; or
ii.             biological  relatives of a  missing  person if so required;
i.     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; and
j.     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.
SEC.  5.  04/.ecfi.yes of the  DAVA  Dafabase.  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/s 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 Ill
MANAGEMENT OF DATABASE AND ACCESS TO INFORMATION
SEC. 6. Management of DIVA Dafabase. The PNP Forensic Group - DNA Laboratory
Division (PNP-FG DNA Laboratory Division) shall manage the DNA databases established  in
Article  11  of this Act,  and  shall  have all  such  powers as  may be  necessary for,  in  connection
with, or incidental to the performance of its functions 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 at all times;
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.
SEC.I.  Access  to  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-FG  DNA Laboratory Division for 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,  and  subject  to  the  provisions  of  Republic  Act  No.10173,  otherwise  known  as
the "Data Privacy Act of 2012."
SEC. 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 court or
proceeding in the country subject to the judicial rules on  DNA Evidence.
ARTICLE IV
TAKING, STORING, DISPOSING OF DNA SAMPLES, REMOVAL OF DNA PROFILE,
AND CONFIDENTIALITY
SEC.  9.  Mandatory  Co//ecf/.on  of DIVA  Samp/e.  The  following  shall  be  required  to
provide  biological sample:
a.        those convicted by final judgment for violation of any criminal law;
b.       those   persons  who   have   a   pending   criminal   case   before   any  court  of
competentjurisdjction;
c.        those who are legallydetained underlaw;
d.        those ordered by a judicial or quasi-judicial orderto submit their DNA sample
in relation to a pending criminal case;
e.       those needed to submita DNAsampleforelimination purposes;
f.        active members of law enforcement agencies; and
9.       active members oftheArmed  Forces of the philippines.
SEC.  10.  Voluntary  Collection  of DNA  Sample.  - Any  person  may voluntar.ily  g.ive
written consent for the taking of one's intimate or non-intimate sample.
Before  taking  any  sample,  the  certified  DNA  collector  shall  inform  the  person  from
whom the sample is to be taken of the following:
i.  the  DNA  profile  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. any person may make a request for access to one's information; and
iii.  any  person  may  at  any  time  demand  the  deletion  of  one's  DNA  profile  in  the
database.
Furthermore,   any   person   may   submit   a   written   request   to   the   PNP-FG   DNA
Laboratory Division for DNA testing as defined  in this Act:  Provt.ded,  That at least one (1 ) of
the DNA profile to be used in the requested DNA testing is the DNA profile of who requested
the test or any person under his/legal guardianship.
For  this  purpose,  the  PNP  is  hereby  authorized  to  collect  reasonable  fees  for  the
collection  of DNA  sample,  processing,  and  corresponding  issuance  of DNA test  result and
other certifications.
SEC.11.  Handling  of  Collected  Biological  Sample.  The  .iritegr.fry  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  final  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.
SEC.   12,   Storage   and   disposal   of   biological   samples.   -  The   PNP-FG   DNA
Laboratory  Division  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.
SEC. 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  and  may request that
their  DNA  profile,  and  any  related  information,  be  deleted  from  the  DNA  database  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.
SEC.  14.  Suppat from  Vo/unfary Citi.zens.  To  support the  National  DNA Database,
employees of both  government ancl  private  institutions and  private  citizens are encouraged
to  submit  DNA samples.  Their forensic  DNA  profiles  and  any  information  in  relation  thereto
shall be included in the voluntary person index.
ARTICLE V
QUALITY ASSURANCE STANDARDS
SEC.  15.  National  DNA  Database  Scientific  Advisory  Committee.  A National  DNA
Database  Scientific  Advisory  Committee  (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.
SEC.   16.   Comm/.free  Members.   The   Committee  shall   be  composed   of  nine  (9)
individuals  including  the  Chair,  with  recognized  expertise  and  competence  to  understand,
develop and  adopt DNA quality assurance standards  necessary for the  maintenance of the
DNA  database.  Committee  representatives  shall  be  composed  of  one  (1)  representative
from   the   PNP,   one   (1)   representative   from   the   Department   of  the   Interior  and   Local
Government  (DILG),  one  (1)  representative  from  the  Department of Justice  (DOJ),  one  (1)
representative   from    the    Department   of   Science    and    Technology   (DOST),    one    (1)
representative from  the  Department of Health  (DOH),  one  (1 )  representative from  the  Data
Privacy Commission  (DPC),  one (1) representative from the  Commission  on  Human  Rights
(CHR),  and  two  (2)  representatives from  other government 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.  The  PNP-FG  DNA  Laboratory  Division  shall  act
as the secretariat of the Committee.
ARTICLE VI
PROHIBITED ACTS AND PENALTIES
SEC.  17.  Tampen'ng  of DM  Records.  Any  person  who  shall  knowingly  make  any
false  entry  or  alter  any  DNA  record  or  profile  indexed  or  otherwise  contained  in  the  DNA
database system;  or who  shall  intentionally destroy,  mutilate,  conceal,  remove or otherwise
impair  the  verity  or  availability  of  DNA  records  or  profile  without  authority,  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  of tampering  DNA  records  shall  be  perpetually  disqualified  from  the  right to  hold
public office.
SEC. 18. Tampering, Abetting,  or Attempting to Tamper DNA Samples.  Any person
who  shall  knowingly  tampers  or  cause  the  tampering  with  of any  intimate  sample  or  non-
intimate  sample  taken  for the  purposes  of this Act;  or any  person  who  aids  or abets  in  the
tampering with  or in  the attempts to tamper with any intimate or non-intimate sample taken
for the purposes of this Act,  upon conviction, shall suffer the penalty of twelve (12) years and
one   (1)   day   imprisonment   or   a   fine   not   more   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.
Sic.  19.  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
and  who  knowingly and  willfully discloses  such  information  in  any  manner to  any  person  or
agency not legally entitled to  receive it to the  prejudice and detriment of the  public or person
from  whom  the  said  DNA sample  or information  was  taken  shall  suffer the  penalty of eight
(8) years and one (1 ) day imprisonment or a fine not more than Five Hundred Fifty Thousand
Pesos (Php550,000.00) or both, at the discretion of the court.
SEC. 20. Refusa/ to gt.ve samp/e. - lf a person from whom a non-intimate sample is to
be taken  under this Act unjustly refuses to give such sample,  or obstructs the taking of such
sample from  him  or her when  legally ordered  by competent authority to do so,  shall,  suffer
the  penalty  of six  (6)  years  and  one  (1)  day  imprisonment,  or  a  fine  not  exceeding  three
hundred thousand pesos (Php300,000.00), or both, at the discretion of the court.
SEC. 21. Failure to Deliver DNA Records or Samples. A\ny 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 more than  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.
SEC. 22.  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 more
than Three Hundred Thousand Pesos (Php300,OOO.00) or both, at the discretion of the court.
ARTICLE VII
GENERAL PROVISIONS
SEC. 23.  Coaperaf/.on Between Law Enforcement Agenct.es.  The  PNP,  the  National
Bureau  of Investigation  (NBl) and  other law enforcement agencies shall  establish  a  system
to ensure coordination and integration of the DNA database in their respective agencies.
SEC. 24. Cooperation with Foreign Law Enforcement Agencies. -
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.
SEC.   25.   Trans/.f/.ona/  Prov/.s/.on.   Any  existing   DNA   profile   and   any  information   in
relation  thereto  kept  and  maintained  by the  PNP,  immediately  before  the  effectivity  of this
Act shall form part of the PNP Forensic DNA Database established under this Act.
SEC. 26.  Implementing Rules and Regulations. W.ith.in one hundred and twer\ty (120)
days from the effectivity of this Act,  the  PNP,  in consultation with  government agencies and
other  law  enforcement  offices,   shall   promulgate  the  rules  and   regulations  to  effectively
implement the provisions of this Act.
SEC.  27.  Appropri.afi'ons.  The  amount  necessary  for  the  effective  implementation  of
this  Act  shall  be  taken  from  the  current  year's  appropriation  of the  PNP.  Thereafter,  such
sums  as  may  be  needed  for the  continued  implementation  of this  Act  shall  be  included  in
annual the General Appropriations Act.
SEC.   28.   Saparabi./i.fy   C/at/se.   If  any   provision   of  this   Act   is   declared   invalid   or
unconstitutional,  the  remainder  thereof  not  affected  thereby  shall  remain  in  force  and  in
effect.
SEC.  29.  Rapea/t.ng  C/ause.  All  existing  laws,  orders,  rules  and  regulations  or  parts
thereof deemed  inconsistent with the  provisions of this Act are  hereby repealed  or modified
accordingly.
SEC. 30. Effect/.v/.fy. This Act shall take effect fifteen (15) days following the completion
of its  publication  in  the  Official  Gazette  or in  a  newspaper of general  circulation,  whichever
comes first.
Approved,