SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
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Jill 29 
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Introduced by Senator Antonio "Sonny" F, Trillanes IV 
EXPLANATORY NOTE 
Article XIV, Section 10 of the Constitution declares the essentiality of science and technology in 
national development and progress, It further states that research, development and its utilization 
shall be prioritized in view of supporting self-reliant scientific and technological capabilities 
which can contribute to the country's productive systems, 
One of the most remarkable advances science and technology has brought into the light is the 
Deoxyribonucleic Acid (DNA) technology, This technology has been considered to be a 
powerful mechanism in determining a person's identity, In countries such as ours, DNA 
technology has become a useful tool in investigations and establishment of facts to resolve civil, 
criminal, and other regulatory procedures because of its reliability, 
In recognition of the forensic DNA technology's importance, a system of safe storage of the 
documented results or other relevant data derived from this technology is indispensable, 
This bill seeks to establish a Forensic DNA Databank which shall keep and maintain DNA 
profiles for the purpose of human identification in relation to forensic investigation, This bill also 
includes the procedures on giving, taking and storing DNA samples that may be used in assisting 
the recovery or identification of human remains from a disaster or for humanitarian purposes, 
and identification of living or deceased persons, 
In view of the foregoing, the immediate approval of this bill is earnestly sought 
" , TRILLANES IV 
Senator 
1 


SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.No. 112'7 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
",w,.' 
AN ACT 
;S. t!'! r.d I' 
10fh;(" Df tli' ::i"m't"'~ 
'13 
JUL 29 !\ 9 ~12 
TO PROVIDE FOR THE ESTABLISHMENT OF A FORENSIC DNA DATABANK, THE 
TAKING OF DNA SAMPLES, FORENSIC DNA ANALYSIS, THE USE OF DNA 
PROFILES AND INFORMATION IN RELATION THERETO, AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
1 
ARTICLE I 
2 
PRELIMINARY 
3 
SECTION 1. Title. - This Act shall be known as the "Deoxyribonucleic Acid (DNA) 
4 
Identification Act . .. 
5 
6 
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to adopt 
7 
and impose policies that shall broaden the national capability to conduct DNA testing and 
8 
analyses for forensic applications. It shall also be the State's policy to establish a system of 
9 
storage for these analyses to be kept and maintained for the purpose of human identification in 
10 
relation to forensic investigation in the country. 
11 
12 
SEC. 3. Definition of Terms. - For purposes of this Act, the followings terms shall 
13 
mean: 
14 
a) "chemist" means any chemist accredited by the Department; 
15 
b) "department" means the Department of Science and Technology (DOST); 
16 
c) "secretary" means the Secretary of the Department of Science and Technology; 
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d) "foreign law enforcement agency" means the law enforcement agency of a foreign 
state and includes an international organization established by the government of 
states or an international organization. 
e) "forensic DNA analysis" means any analysis carried out for the purpose of 
determining a person's identity; 
f) "prescribed" means prescribed by the Secretary by regulations made under this Act; 
g) "DNA Databank" means the Forensic DNA Databank established under section 4; 
h) "DNA" means deoxyribonucleic acid; 
i) "appropriate consent" means-
1) in relation to a person who is under the age of eighteen years, the consent in 
writing of his parent or guardian; 
2) in relation to a person who has attained the age of eighteen years, the consent 
in writing of that person; or 
3) in relation to a person in whom there is a condition of arrested or incomplete 
development of mind or body whether such condition arises from inherent 
causes or is induced by disease or injury and who is incapable of 
understanding the general nature and effect of a forensic DNA analysis or !s 
incapable of indicating whether he consents or does not consent to give his 
intimate sample or non-intimate sample, the consent in writing of his parent or 
guardian; 
j) "offence" means any act or omission punishable by any law for the time being in 
force; 
k) "Head of DNA Databank" means the Head of Forensic DNA Databank appointed 
under section 8; 
1) "Secretary" means the Secretary charged with the responsibility for internal security; 
m) "detainee" means a person arrested and detained under existing laws; 
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n) "government medical officer" means a registered medical practitioner in the public 
service and includes a registered medical practitioner in any teaching hospital of a 
university; 
0) "police officer" means any member of the Philippine National Police; 
p) "drug dependant" means a person, pursuant to the Comprehensive Dangerous Drugs 
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-taldng 
behavior in terms of its onset, termination, or levels of use; 
q) "DNA profile" means genetic information derived from a forensic DNA analysis; 
r) "non-intimate sample" means-
1) a sample of hair other than the pubic hair; 
2) a sample taken from a nail or from under a nail; 
3) a swab taken from any part of a person's body other than a part from which a 
swab taken would be an intimate sample; or 
4) saliva; 
s) "intimate sample" means-
1) a sample of blood, semen or any other tissue or fluid taken from a person's 
body, urine or pubic hair; or 
2) 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. 
24 
ARTICLE II 
25 
FORENSIC DNA DATABANK 
26 
SEC. 4. Establishment of DNA Databank. - A DNA databank, to be known as the 
27 
Forensic DNA Databank, shall be established. This shall be under the management, control and 
28 
supervision of the Head of DNA Databank. 
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The DNA Databank shall consist of the following indices: 
a) a crime scene index which shall contain DNA profiles and any information in relation 
thereto derived from an intimate sample or a non-intimate sample that is found-
1) on any thing or at any place where an offence was committed; 
2) on or within the body of a victim of an offence; 
3) on any thing worn or carried by the victim of an offence at the time when the 
offence was committed; or 
4) on or within the body of any person reasonably suspected of having 
committed an offence; 
b) a suspected persons index which shall contain DNA profiles and any information in 
relation thereto derived from an intimate sample or a non-intimate sample taken from 
persons reasonably suspected of having committed an offence and includes suspects 
who have not been charged in any court for any offence; 
c) a convicted offenders index which shall contain DNA profiles and any infonnation in 
relation thereto derived from an intimate sample or a non-intimate sample taken from 
persons convicted of any offence under any written law; 
d) a detainee index which shall contain DNA profiles and any information in relation 
thereto derived from an intimate sample or a non-intimate sample taken from a 
detainee; 
e) a drug dependants index which shall contain DNA profiles and any information in 
relation thereto derived from an intimate sample or a non-intimate sample taken from 
a drug dependant; 
f) a missing persons index which shall contain DNA profiles and any infonnation in 
relation thereto derived from an intimate sample or a non-intimate sample taken 
from-
I) the body or parts of the body of an unidentified deceased person; 
2) any thing worn or carried by a missing person; or 
3) the next of kin of a missing person ifso required; and 
4 


1 
2 
3 
4 
5 
g) a voluntary index which shall contain DNA profiles and any information in relation 
thereto derived fi'om an intimate sample 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. 
6 
SEC. 5. Objectives of DNA Databank. - The primary objective of the DNA Databank is 
7 
to keep and maintain the indices referred to in Section 4 of this Act for the purpose of human 
8 
identification in relation to forensic investigation. 
9 
The DNA profiles and any information in relation thereto kept and maintained in the 
10 
DNA Databank may be used in assisting-
11 
a) the recovery or identification of human remains from a disaster or for humanitarian 
12 
purposes; and 
13 
b) the identification of living or deceased persons. 
14 
15 
SEC. 6. Function of DNA Databank. - The function of the DNA Databank is to store 
16 
DNA profiles and any information in relation thereto from any forensic DNA analysis carried out 
17 
by the National Bureau of Investigation (NBI) Forensic Chemical Division or the Philippine 
18 
National Police (PNP) Crime Laboratory or any agency or body as may be designated by the 
19 
Secretary from time to time. 
20 
21 
SEC. 7. Power of Secretary to Designate Agency or Body to Carry Out Forensic DNA 
22 
Analysis. -
23 
a) The power of the Secretary to designate any agency or body to carry out forensic 
24 
DNA analysis under Section 6 of this Act shall only be exercised in the event the NBI 
25 
Forensic Chemical Division or the PNP Crime Laboratory is unable to carry out any 
26 
forensic DNA analysis. 
5 


1 
b) The Secretary may specify that the forensic DNA analysis to be carned out by the 
2 
agency or body so designated shall only be for the purposes mentioned in Section 5 of 
3 
this Act subject to such terms and conditions as he may impose. 
4 
5 
ARTICLE III 
6 
HEAD OF DNA DATABANK, DEPUTY HEAD OF DNA DATABANK 
7 
AND DNA DATABANK OFFICERS 
8 
SEC. 8. Appointment of Head of DNA Databank, Deputy Head and other Officers. -
9 
a) The Secretary shall appoint a highly-qualified police officer as Head of the Forensic 
10 
DNA Databank for such period and on such terms and conditions as may be specified in 
11 
the instrument of appointment. 
12 
b) The Secretary shall also appoint a highly-qualified police officer as Deputy Head of DNA 
13 
Databank as may be necessary for the purposes of this Act who shall be subject to the 
14 
control and direction of the Head of DNA Databank and may exercise the powers and 
15 
perform the functions of the Head of DNA Databank under this Act. 
16 
c) The Secretary shall appoint such numbers of DNA Databank officers as may be 
17 
necessary for carrying out the purposes 'of this Act from -amongst members of the police 
18 
force, chemist and other officers from or attached to the NBI Forensic Chemical Division 
19 
or the PNP Crime Laboratory who shall be subject to the control, direction and 
20 
supervision of the Head of DNA Databank. 
21 
d) The Head of DNA Databank may in writing, subject to such conditions, limitations or 
22 
restrictions as he thinks fit to impose, delegate all or any of his powers or functions under 
23 
this Act to the Deputy Head of DNA Databank or to DNA Databank officers. 
24 
e) A delegation under subsection (d) may be revoked at any time by the Head of DNA 
25 
Databank and does not prevent the Head of DNA Databank from exercising the powers 
26 
or performing the functions so delegated under that subsection. 
27 
28 
SEC. 9. Functions and Powers of the Head of DNA Databank. -
6 


1 
a) The Head of DNA Databank shall have the following functions: 
2 
I) to be responsible for the general conduct, administration and management of the 
3 
DNA Databank; 
4 
2) to establish mechanisms to facilitate the collection, storage and dissemination of 
5 
data in connection with DNA profiles and any infonnation in relation thereto 
6 
stored in the DNA Databank; 
7 
3) to ensure that DNA profiles and any infonnation in relation thereto are securely 
8 
stored and remain confidential; 
9 
4) to store and dispose of the intimate sample and non-intimate sample taken for the 
10 
purposes of forensic DNA analysis in accordance with the provisions of this Act 
11 
and as prescribed; 
12 
5) to co-operate with foreign law enforcement agency in accordance with the 
13 
provisions ofthis Act; and 
14 
6) to carry out any other functions conferred by or under this Act and to perform any 
15 
other functions that are supplemental, incidental, or consequential to any of the 
16 
functions specified in this section or in furtherance of the objectives of the DNA 
17 
Databank. 
18 
7) The Head of DNA Databank shall have all such powers as may be necessary for, 
19 
or in connection with, or incidental to, the perfonnance of his functions under this 
20 
Act. 
21 
22 
SEC. 10. Rectification of Particlllars in DNA Profile and Information. -
23 
a) The Head of DNA Databank shall be entitled to rectify the particulars in the DNA 
24 
profiles and any infonnation in relation thereto if: 
25 
I) a clerical error has occurred; and 
26 
2) sufficient evidence is produced to satisfy him that the entry made is incorrect, and 
27 
on making the rectification he shall, where necessary, issue to the person entitled 
7 


1 
to the information derived from the analysis of sample taken for him, the 
2 
particulars so rectified. 
3 
b) The powers under this section shall be exercised by the Head of DNA Databank alone. 
4 
c) Any rectification made pursuant to this section shall not be construed as an act of 
5 
tampering, abetting or attempting to tamper with any DNA profile or any information in 
6 
relation thereto contained in the DNA Databank. 
7 
8 
SEC. 11. Power of Secretary to Give Directions. - The Secretary may give the Head of 
9 
DNA Databank directions of general character consistent with the provisions of this Act relating 
10 
to the performance of the functions and the exercise of the powers of the Head of DNA Databank 
11 
and the Head of DNA Databank shall give effect to such directions. 
12 
13 
SEC. 12. Access of DNA Profile and Information. -
14 
a) The access to, a communication or use of DNA profiles and any information in relation 
15 
thereto stored in the DNA Databank by the Head of DNA Databank, Deputy Head of 
16 
DNA Databank, DNA Databank officers and any chemist shall only for the purposes of: 
17 
1) forensic comparison with any other DNA profiles or information in the course of 
18 
an investigation of any offence conducted by any enforcement agency; 
19 
2) administering the DNA Databank; or 
20 
3) making the information available to the person to whom the information relates. 
21 
b) For the avoidance of doubt, the access to, a communication or use of DNA profiles and 
22 
any information in relation thereto under subsection (a) by a chemist shall only be for the 
23 
purpose mentioned in paragraph (1) of that subsection. 
24 
25 
ARTICLE IV 
26 
TAKING, STORING, DISPOSING OF INTIMATE AND NON-INTIMATE SAMPLES 
27 
AND REMOVAL OF DNA PROFILE AND INFORMATION 
28 
SEC. 13. Taking of Intimate Sample. -
8 


1 
a) The procedures for the taking of an intimate sample of any person under this Act shall be 
2 
in accordance with the provisions of this section and as prescribed. 
3 
b) An intimate sample of the following maybe taken for forensic DNA analysis: 
4 
1) a person reasonably suspected of having committed an offence; 
5 
2) a detainee; or 
6 
3) a drug dependent. 
7 
The aforementioned may be taken for the said analysis only if: 
8 
i) an authorized officer authorizes it to be taken; and 
9 
ii) an appropriate consent in the prescribed form is given by the person from 
10 
whom an intimate sample is to be taken. 
11 
c) Subject to an appropriate consent being given under subparagraph (b)(ii), an authorized 
12 
officer shall only give his authorization under subparagraph (b )(i) if: 
13 
1) he has reasonable grounds for: 
14 
i) suspecting that the person from whom the intimate sample is to be taken has 
15 
committed an offence; and 
16 
ii) believing that the sample will tend to confirm or disprove the commission of 
17 
the offence by that person; 
18 
2) an arrest has been effected on or a detention order has been made against a 
19 
detainee under existing laws; or 
20 
3) an order or a decision has been made pursuant to the Comprehensive Dangerous 
21 
Drugs Act of 2002 against a drug dependant; 
22 
d) An authorized officer: 
23 
1) shall give his authorization under subsection (c) in writing; or 
24 
2) where it is impracticable to comply with paragraph (1), may give such 
25 
authorization orally, in which case he must confirm it in writing as soon as may 
26 
be possible. 
27 
e) A person from whom an intimate sample is taken shall be entitled to the information 
28 
derived from the analysis of the sample taken from him. 
9 


1 
f) An intimate sample shall only be taken by a government medical officer. 
2 
3 
SEC. 14. Taking of Non-intimate Sample. -
4 
a) The procedures for the taking of a non-intimate sample of any person under this Act shall 
5 
be in accordance with the provisions of this section and as prescribed. 
6 
b) A non- intimate sample of: 
7 
1) a person reasonably suspected of having committed an offence; 
8 
2) a detainee; or 
9 
3) a drug dependent, may be taken only if an authorized officer authorizes it to be 
10 
taken. 
11 
c) An authorized officer shall only give his authorization under subsection (b) if: 
12 
1) he has reasonable grounds for: 
13 
1. suspecting that the person from whom the non-intimate sample is to be 
14 
taken has committed an offence; and 
15 
ii. believing that the sample will tend to confirm or disprove the commission 
16 
of the offence by that person; 
17 
2) an arrest has been effected on or a detention order has been made against a 
18 
detainee under existing laws; or 
19 
3) an order Of a decision has been made pursuant to the Comprehensive Dangerous 
20 
Drugs Act of 2002 against a drug dependant. 
21 
d) An authorized officer: 
22 
1) shall give his authorization under subsection (b) in writing; or 
23 
2) where it is impracticable to comply with paragraph (1), may gIve such 
24 
authorization orally, in which case he must confirm it in writing as soon as 
25 
possible. 
26 
e) The person from whom a non-intimate sample is taken shall be entitled to the information 
27 
derived from the analysis of the sample taken from him. 
28 
f) A non-intimate sample shall only be taken by: 
10 


1 
1) a government medical officer; or 
2 
2) a police officer or a chemist. 
3 
g) A police officer may use all means necessary for the purpose of taking or assisting the 
4 
taking of a non-intimate sample from a person. 
5 
6 
SEC. 15. Refusal to Give Sample. - If a person from whom a non-intimate sample shall 
7 
be taken shall do the following, he shall commit an offence, and, shall, on conviction, be liable to 
8 
a fine not exceeding Twenty Thousand Pesos (P20,OOO.OO) or to imprisonment for a term not 
9 
exceeding one (1) year or to both: 
10 
a) refusal to give such sample; 
11 
b) refusal to allow such sample to be taken from that person or 
12 
c) obstruction of the taking of such sample from that person. 
13 
14 
SEC. 16. Sample Given Voluntarily. -
15 
a) Any person, other than the person whose intimate sample or non-intimate sample may be 
16 
taken under Sections 13 and 14, may voluntarily give an appropriate consent in the 
17 
prescribed form to an authorized police officer for the taking of his intimate sample or 
18 
non-intimate sample. 
19 
b) Where an appropriate consent is given under subsection (a), an authorized police officer 
20 
shall, before the taking of the intimate sample or non-intimate sample, 'inform the person 
21 
from whom the sample is to be taken: 
22 
I) that the DNA profiles and any information in relation thereto derived from the 
23 
intimate sample or non-intimate sample may be stored in the DNA Databank and 
24 
may be used for the purposes of forensic DNA analysis, police inquiry and for 
25 
such purposes referred to in Section 12; 
26 
2) that he may make a request to a police officer for an access to the information; 
27 
and 
28 
3) that he may at any time withdraw his consent given under subsection (a). 
11 


1 
SEC. 17. DNA Sample of Prisoner. - An intimate sample or a non-intimate sample may 
2 
be taken for forensic DNA analysis from any person who is serving his term of imprisonment in 
3 
connection with an offence of which he has been convicted. 
4 
5 
SEC. 18. Storage and Disposal of Intimate and Non-intimate Samples. -
6 
a) The Head of DNA Databank shall safely and securely store all intimate samples and non-
7 
intimate samples that are collected for the purpose of forensic DNA analysis, the portions 
8 
of the samples that the Head of DNA Databank consider appropriate and without delay 
9 
destroy any remaining portions. 
10 
b) The procedures for the storage and disposal of an intimate sample and a non-intimate 
11 
sample shall be as prescribed. 
12 
13 
SEC. 19. Removal of DNA Profile and Information from Suspected Persons Index. -
14 
Where an intimate sample or a non-intimate sample has been taken in accordance with this Act 
15 
from a person reasonably suspected of having committed an offence and: 
16 
a) investigations reveal that he was not involved in the commission of any offence; 
17 
b) the charge against him in respect of any offence is withdrawn; 
18 
c) he is discharged by a court of an offence with which he has been charged, at trial or on 
19 
appeal; 
20 
d) he is acquitted of an offence with which he has been charged, at trial or on appeal; or 
21 
e) he is not charged in any court for any offence within a period of one year from the date of 
22 
taking of such sample from him, the Head of DNA Databank shall, within six months of 
23 
so being notified by the Officer in Charge of a Police District of the fact referred to in 
24 
paragraph (a), (b),(c), (d), or (e), remove the DNA profile and any information in relation 
25 
thereto of such person from the DNA Databank. 
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1 
ARTICLE V 
2 
OFFENCES 
3 
SEC. 20. Offence of Tampering, Abetting or Attempting to Tamper with Sample. -
4 
a) A person commits an offence if he tampers or causes to be tampered with any intimate 
5 
sample or non-intimate sample taken for the purposes of this Act. 
6 
b) Any person who contravenes subsection (a) commits an offence and shall, on conviction, 
7 
be liable to imprisonment for a term not exceeding five (5) years or to a fine not 
8 
exceeding One Hundred Thousand Pesos (PIOO,OOO.OO) or to both. 
9 
c) Any person who abets the commission of or who attempts to commit the offence under 
10 
this section shall be guilty of that offence and shall, on conviction, be liable to the 
11 
punishment provided for that offence. 
12 
Provided, That any tenn of imprisonment imposed shall not exceed one-half of the maximum 
13 
tenn provided for the offence. 
14 
15 
SEC. 21. Unauthorized Use or Communication of DNA Profile 01' Information. -
16 
a) No person who receives a DNA profile for entry in the DNA Databank or who has access 
17 
to infonnation contained in the DNA Databank shall; except in accordance with Sections 
18 
12 and 24 of this Act, use or communicate such DNA profile or any infonnation in 
19 
relation thereto to be used or communicated other than for the purpose of this Act. 
20 
b) Any person who contravenes subsection (a) commits an offence and shall, on conviction, 
21 
be liable to imprisonment for a term not exceeding five (5) years or to a fine not 
22 
exceeding One Hundred Thousand Pesos (PlOO,OOO.OO)or to both. 
23 
24 
SEC. 22. Obligation of Secrecy. -
25 
a) The Head of DNA Databank, Deputy Head of DNA Databank and DNA Databank 
26 
officers or any person who for any reason, has by any means access to any data, record, 
27 
book, register, correspondence, document whatsoever, or material or infonnation, relating 
28 
to the DNA profiles and any infonnation in relation thereto in the DNA Databank which 
13 


1 
he has acquired in the performance of his functions or the exercise of his powers, shall 
2 
not give, divulge, reveal, publish or otherwise disclose to any person, such document, 
3 
material or information unless the disclosure is required or authorized: 
4 
I) under this Act or regulations made under this Act; 
5 
2) under any written law; 
6 
3) by any court; or 
7 
4) for the performance of his functions or the exercise of his powers under this Act 
8 
or regulations made under this Act. 
9 
b) Any person who contravenes subsection (a) commits an offence and shall, on conviction, 
10 
be liable to imprisonment for a term not exceeding five (5) years or to a fine not 
11 
exceeding One Hundred Thousand Pesos (PIOO,OOO,OO)or to both. 
12 
13 
SEC. 23. Offence of Tampering, Abetting or Attempting to Tamper with DNA Profile 
14 
or Information. -
15 
a) A person commits an offence if he tampers or causes to be tampered with any DNA 
16 
profile or any information in relation thereto in the possession, custody or control of the 
17 
DNA Databank. 
18 
b) For the purpose of this section, tampering with any DNA profile or any information in 
19 
relation thereto includes the following: 
20 
I) such DNA profile or any information in relation thereto is altered or erased, 
21 
2) any new DNA profile or any information in relation thereto is introduced or added 
22 
to such DNA profile or any information in relation thereto; or 
23 
3) any event occurs which impairs the ability of the Head of DNA Databank, the 
24 
Deputy Head of DNA Databank or DNA Databank officers to have access to such 
25 
DNA profiles or any information in relation thereto. 
26 
c) Any person who commits an offence under this section shall, on conviction, be liable to 
27 
imprisonment for a term not exceeding five (5) years or to a fine not exceeding One 
28 
Hundred Thousand Pesos (PIOO,OOO.OO) or to both. 
14 


1 
d) Any person who abets the connnission of or who attempts to commit the offence under 
2 
this section shall be guilty of that offence and shall, on conviction, be liable to the 
3 
punislunent provided for that offence: 
4 
Provided, That any term of imprisomnent imposed shall not exceed one-half of the maximum 
5 
term provided for the offence. 
6 
7 
ARTICLE VI 
8 
GENERAL PROVISIONS 
9 
SEC. 24. Cooperation with Foreign Law Enforcement Agency. -
10 
a) The Head of DNA Databank may, upon request by a foreign law enforcement agency, 
11 
compare a DNA profile received from the foreign law enforcement agency with the DNA 
12 
profiles in the DNA Databank in order to determine whether such DNA profile is already 
13 
contained in the DNA Databank and communicate any relevant information to the foreign 
14 
law enforcement agency. 
15 
b) The Head of DNA Databank may, upon a request by a foreign law enforcement agency in 
16 
the course of an investigation of an offence or a prosecution of a criminal offence in that 
17 
foreign state, connnunicate a DNA profile contained in the DNA Databank to that foreign 
18 
law enforcement agency. 
19 
20 
SEC. 25. Information from the DNA Databank to be Conclusive. - Notwithstanding 
21 
any written law to the contrary, any information from the DNA Databank shall be admissible as 
22 
a conclusive proof of the DNA identification in any proceedings in any court. 
23 
24 
SEC. 26. Protection Against Actions and Legal Proceedings. -
No action, suit, 
25 
prosecution or other proceedings shall lie or be brought, instituted or maintained in any court 
26 
against: 
27 
a) the Secretary; 
28 
b) the Head of DNA Databank; 
15 


_._
. 
1 
c) the Deputy Head of DNA Databank; 
2 
d) DNA Databank officers; 
3 
e) a government medical officer; or 
4 
f) a chemist, 
5 
in respect of any act, neglect, default or omission done by him in good faith in carrying out his 
6 
powers, functions and responsibilities under this Act in such capacity. 
7 
8 
SEC. 27. Regulations. -
9 
a) The Secretary may make regulations as may be necessary or expedient to give full effect 
10 
to, or for carrying out, the provisions of this Act. 
11 
b) Without prejudice to the generality of subsection (a), regulations may be made: 
12 
1) to prescribe the procedures in taking and disposing of intimate sample and non-
13 
intimate sample; 
14 
2) to prescribe any form for the purpose of this Act; 
15 
3) to regulate the management, administflltion and control of the DNA Databank; 
16 
and 
17 
4) to provide for any matter which under this Act is required or permitted to be 
18 
prescribed or which is necessary or expedient to be prescribed. 
19 
20 
SEC. 28. Savings and TransitionaL - Any existing DNA profile and any information in 
21 
relation thereto kept and maintained by the Chemistry Department of Malaysia or Royal 
22 
Malaysia Police, immediately before the coming into operation of this Act shall, on the coming 
23 
into operation of this Act, be deemed to have been kept and maintained in and to form part of the 
24 
DNA Databank established under this Act in accordance with indices applying. 
25 
26 
SEC. 29. Separability Clause. - If any provision of this Act shall at any time be found to 
27 
be unconstitutional or invalid, the remainder thereof not affected by such declaration shall 
28 
remain in full force and effect. 
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1 
SEC. 30. Repealing Clause. - All laws, decrees, rules or regulations inconsistent with 
2 
the provisions of this Act are hereby repealed or modified accordingly. 
3 
4 
SEC. 31. Effectivity Clause. - This Act shall take effect after fifteen (15) days following 
5 
its complete publication in two (2) newspapers of general circulation. 
Approved, 
17