Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City
|9TH CONGRESS
First Regular Session
HouseBi||No.7912
Introduced by: REP.  ]OEL R. CHUA
Explanatory Note
Every  cell  in  the  human  body  contains  Deoxyribonucleic  Acid  or  DNA.
Basically the DNA is the same regardless of the body part of a person -his/her DNA
in the hair is also similar to the DNA which can be found in his/her blood, bone, skin
tissue, and saliva. Moreover, no two people share the same DNA. It is distinct to every
individual; a human can be identified based on their unique genetic makeup. Most
importantly, the DNA of an individual does not change throughout his/her life. The
DNA of a person since he/she was born is the same until he/she dies.
DNA testing is a great assistance in identifying a person, including but not
limited to, in cases of missing person and crime investigation. In crime investigation,
DNA evidence collected from a crime scene plays a large role in convicting the guilty
and proving the innocence  of those who  are wrongly  accused.  It can be used to
identify criminals when there is doubt as to who the perpetrator is. Additionally, it
would ease the work of our law enforcers in connecting previous crimes as they can
collate and compare newly-gathered DNA evidence with those DNA profiles already
encoded in the existing database -enabling them to easily identify habitual/ repeated
offenders.
This   Bill   seeks   to   establish   a   National   Forensic   DNA   Database   in   the
Philippines.  Through  this  bill,  it  would  be  of  help  in  the  modernization  of  the
Philippine National Police (PNP). It would likewise ease and aid in improving our
criminal justice system.
In view of the foregoing, the passage of this bill is earnestly sought.
0-
CHUA
Manila


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
|9TH CONGRESS
First Regular Session
House Bill No.  7 9 1 2
Introduced by: REP.  ]OEL R. CHUA
AN ACT
ESTABLISHING      THE      PHILIPPINE      FORENSIC      DNA      DATABASE,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
SECTION 1. Short Title. -This Act shall be known as the ``Philippine DNA Database
Act.,,
SECTION 2. Declaration of Policy. - 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  reaffirm 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.
SECTION 3. Definitions. - As used in this Act:
a.Biological Sample or DNA sample refers to any organic material originating
from  a  person's  body  including  those  found  in  inanimate  objects,  that  is
susceptible to DNA testing;
b.Buccal Swab refers to a sample of cellular material taken from the inside of a
person's mouth;
c.Certified  DNA  Collector  refers  to  a  police  officer  or  a  person  who  has
successfully completed the training prescribed by the PNP Crime Laboratory,
in respect of the taking of buccal sample;
d.  Crime Scene Sample 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. DNA 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;
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f. DNA Evidence refers to constitutes the totality of the DNA profiles, results and
other genetic information directly generated from DNA testing of biological
samples;
9.DNA  Profile  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.DNA Profiling or DNA Typing refers to a process where a minute sample
genetic   DNA   material   is   taken  from   a   human   tissue   and   is   given   a
computerized numeric value;
i. Foreign  Law  Enforcement  Agency  refers  to  the  law  enforcement  agency  of
foreign state and includes any recognized international organization;
j. Forensic DNA Analysis refers to analysis of the DNA from a body sample or
crime scene sample to determine forensic DNA profile;
k.Forensic DNA Profile refers to result obtained from forensic DNA analysis on
body  sample  or  crime  scene,  providing  a  unique  string  of  alpha  numeric
characters to provide identity reference;
I. Intimate Sample refers to (i) a sample of flood, semen, or any other tissue or
fluid taken from a person's body, urine, or pubic hair; (ii) swab taken from any
part of a person's genitals (including pubic hair) or from a person's body orifice
over the mouth;
in. Non-intimate Sample refers to (i) a sample of hair other than the pubic hair;
(ii) a sample taken from a nail or from under a nail; (iii) 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 (iv) saliva;
n.Philippine  National  Forensic  DNA  Database  refers  to  the  country's  central
repository of DNA profiles established under this Act.
SECTION 4.  Establishment of Philippine Forensic DNA Database. -  A forensic
DNA  database  under  the  Philippine  National  Police  (PNP),  to  be  known  as  the
Philippine Forensic DNA Database shall be established. The database shall consist of
the following indices:
a.   Crime Scene Index shall contain DNA profile derived from an intimate sample
or a non-intimate sample that is found on anything or at any place where an
offense was committed; on or within the body of a victim of an offense,. or on
anything worn or carried by the victim or suspect at the time when the offense
was committed,.
b.   Arrested Person Index shall contain forensic DNA profiles derived from an
intimate or a non-intimate sample taken from arrested persons;
c.   Convicted  Offenders  Index  shall  contain  DNA  profiles  derived  from  an
intimate or non-intimate sample taken from persons convicted of any offense
under any written law;
d.  Detainee Index which contains DNA profiles derived from an intimate or non-
intimate sample taken from a detainee;
e.   Elimination Person Index 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;
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f.    Law   Enforcement   Personnel   Index   shall   contain   DNA   profiles   of   all
employees of government's law agencies, derived by means of forensic;
9.   Military Personnel Index 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 shall  contain  DNA  profiles  and  any  information  in
relation thereto derived from an intimate or a non-intimate sample taken from
- (i) anything worn or carried by a missing person; or (ii) the next of kin of a
missing person if so required;
i.    Unidentified  Human  Remains  Index  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;
j.    Voluntary Person Index 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 subnrit the same for the purpose of storage of the
DNA information in the DNA Databank.
SECTION 5. Objectives of the DNA Database. -The objective of the DNA Database
is  to  establish,  keep  and  maintain  a  comprehensive  National  DNA  database  to
perform comparative searches for the following purposes:
a.   to serve as a tool for crime prevention and crime solution;
b.   to identify person 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.
SECTION 6. Management of DNA Database. - The PNP Forensic Group (FG) - DNA
Laboratory Division shall manage the DNA databases, and shall have all such power
as may be necessary for, in connection with, or incidental to the performance of its
function under this Act, including the following:
a.   to  be  primary  responsible  for  the  general  conduct,  administration,  and
management of the DNA database;
b.   to establish mechahisms 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 always stored and remain confidential;
d.   to store and deposit samples taken for purpose of 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
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f.    to carry out any other functions conferred by or under this Act and to perform
any other functions that are 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.
SECTION 7. Access 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 Forensic Group DNA Laboratory on 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 or during 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,  subject  to  the  provisions  of  Republic  Act  No.  10173
otherwise known as the ``Data Privacy Act of 2012."
SECTION 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  courts  or proceedings  in the country  subject to the judicial  rules  on DNA
evidence.
SECTION 9. Collection of DNA Sample. - Only a certified PNP DNA Collector shall
collect a biological sample from any person who on or after the effective date of this
Act is:
a.   convicted of a crime for any offense;
b.   arrested for and formally charged of the crime before the court for an offense;
c.   legally detained under law;
d.   required  to  submit a  DNA  sample  due  to  a judicial  or quasi-judicial  order
because they are a suspect in a crime;
e.   needed to submit a DNA sample for elimination purposes;
f.    an active member of law enforcement agency;
9.   an active member of the Armed Forces of the Philippines; and
h.   a person who is voluntarily providing a sample to be placed into the DNA
database.
SECTION  10.  Handling  of  Collected  Biological  Sample.  -  The  integrity  of  the
collected   biological   sample  shall   be  always  maintained   through  a  clear,   well
documented chain of custody from the time a biological sample is collected until its
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 interest of all parties.
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SECTION 11. Storage and Disposal of Biological Samples. - PNP 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.
SECTION 12. Deletion of DNA Profile from the DNA Database Indices. - A person
whose DNA profile is contained in the voluntary or missing person's indices as may
request that their DNA profile, and any related information, be deleted from the DNA
databank at any time. Members 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
from  the  time  of  notification  of  such  request,  delete  the  DNA  profile  and  any
information in relation to the profile.
SECTION 13. Sample Given Voluntarily. - Any person may voluntarily give written
consent to a  certified  DNA collector for the  taking of his or her intimate  or non-
intimate sample provided that, before taking of intimate or non-intimate sample, the
certified DNA collector shall inform the person from whom the sample is to be taken:
(i)  that 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 purposes  of analysis,  police  inquiry,  and for such
purposes referred to in this act; (ii) that he/she may make a request for an access to
his or her information; and (iii) that he/she may at any time demand the deletion of
his/her DNA profile in the database.
SECTION  14.  Support  from  Voluntary  Citizens.  -  To  support  the  nationwide
National DNA Database, employees of both government and private institutions and
private citizens are hereby encouraged to submit DNA samples. The forensic DNA
profiles and any information in relation thereto shall be included in the voluntary
person index.
SECTION 15. National DNA Database Scientific Advisory Committee. - A National
DNA Database Scientific Advisory Committee shall be established for purposes of
developing DNA testing database quality assurance standards for DNA testing and
data basing including standards for testing the proficiency of forensic laboratories and
forensic analysts conducting forensic DNA analysis.
SECTION 16. Committee Members. - The Committee shall be composed of nine (9)
members,  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 three (3) representatives
from the PNP, two (2) representatives from the National Bureau of Investigation, one
(1) representative from the Department of Science and Technology (DOST), one (1)
representative from the Department of Health (DOH),  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.
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SECTION 17. Tampering of DNA 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 with perpetual absolute disqualification for public office and a fine of
not less than Six Hundred Thousand Pesos (Php600,000.00) at the discretion of the
court.
SECTION 18. Tampering, Abetting, or Attempting to Tamper DNA Samples. - Any
person who shall knowingly tampers or causes to be tampered with any intimate
sample  or  non-intimate  sample  taken  for  the  purposes  of  this  Act  or  aids  the
commission of or attempts to tamper any intimate or non-intimate sample taken for
the purpose of this Act, shall suffer the penalty of twelve (12) years and one (1) day
imprisonment with perpetual absolute disqualification for public office or a fine not
less than Six Hundred Thousand Pesos (Php600,000.00) or both, at the discretion of
the court.
SECTION 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  lower  than  Five  Hundred  Fifty  Thousand  Pesos
(Php500,000.00) or both, at the discretion of the court.
SECTION 20. Refusal to Give Sample. - Any person who unjustly refuses to give a
non-intimate  sample  or  obstructs  the  taking  of  such  sample  from,  when  legally
ordered by competent authority to do so, shall be liable to a fine not exceeding Three
Hundred Thousand Pesos (Php300,000.00) or imprisonment for a term not exceeding
six (6) years or both.
SECTION 21. Cooperation with Other Law Enforcement Agency. - The PNP, NBI
and other law enforcement agency shall establish a system to ensure coordination and
integration of the DNA database in their respective agencies.
SECTION 22. Cooperation with Foreign Law Enforcement Agency. - 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
to determine whether such DNA profile is already contained in the DNA Database
and communicate any relevant.
SECTION  23.  Transitional.  -  Any  existing  DNA  profile  and  any  information  in
relation thereto kept and maintained by the Philippine National Police, immediately
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before the effectivity of this Act shall form part of Philippine Database in accordance
with this Act.
SECTION   24.    Appropriations.    -    The   amount   necessary   for   the   effective
implementation of the provisions of this Act shall be taken from the current year's
appropriation of the PNP. Thereafter, such sum as may be needed for the continued
implementation of this Act may be included in the annual General Appropriations
Act.
SECTION 25. Venture with Private Entities. - The PNP may likewise enter into a
joint venture or partnership with private entities to sustain the continuous operation
of the provisions of this Act; Provided, that such agreements are advantageous to the
government and ensures the people's right to privacy.
SECTION  26. Implementing Rules  and Regulations.  - Within one hundred  and
twenty (120) days, the Philippine National Police in consultation with government
agencies  other  law  enforcement  offices  shall  formulate  the  necessary  rules  and
regulations for the effective implementation of this Act.
SECTION 27. Separability Clause. -If any portion or provision of this Act is declared
unconstitutional, the remainder of this Act or any provisions not affected thereby shall
remain in force and effect.
SECTION 28. Repealing Clause. - All existing laws, orders, rules and regulations or
parts thereof deemed inconsistent with the provisions of this Act are hereby repealed
or modified accordingly.
SECTION 29. Effectivity. - This Act shall take effect after fifteen (15) days following
the date of its publication in the Official Gazette or in at least two (2) newspapers of
general circulation, whichever comes first.
Approved,
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