ECEIVED

re 29 JUL 15,

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

2492

HOUSE BILL NO.

Introduced by Representative Roy M. Gonzales

EXPLANATORY NOTE

DNA, or deoxyribonucleic acid, is a molecule that carries the genetic
instructions for all known living organisms and many viruses.’ DNA can play a
crucial role in convicting - or clearing - suspects of a crime, and can also be used
to identify missing persons." It is the prime duty of the State to serve and protect
its people.

While the Philippines has recognized the admissibility of DNA evidence
and has established guidelines for its use, challenges persist in the effective
implementation and application of DNA technology in the country, including
insufficient funding for equipment and reagents, a lack of a national DNA
database, and ethical considerations surrounding genetic research, particularly
with indigenous populations.’ DNA is a powerful tool for identifying victims of
disasters in the Philippines, especially in mass casualty incidents like typhoons
and ferry accidents, but its full utilization is hindered by challenges including the
lack of a pre-disaster DNA database and the high cost of analysis."

This bill seeks to institutionalize the establishment of a Philippine Forensic
DNA Database to be known as the “National Forensic DNA Database.” It sets
forth the collection, maintenance, and storage of genetic identification
information and the powers bestowed upon the national law enforcement
agencies to execute the provisions under this measure. This national database
shall contain diverse indices such as Crime Scene Index, Arrested Person Index,
Convicted Offenders Index, Detainee Index, Elimination Person Index, Law
Enforcement Personnel Index, Military Personnel Index, Missing Person Index,
Street Children and Beggars Index, Unidentified Human Remains Index, and the
Voluntary Person’s Index. Penalties for tampering and aiding or abetting the



tampering of DNA evidence, improper disclosure, failure to deliver, and
improper access and use of DNA samples and records shall be dealt with as
criminal and civil liabilities.

The enactment of this bill, while deemed innovative and rational, is
considered a societal decision that is guaranteed with transparency and
accountability not to undermine the existing rights of Filipinos enshrined and
protected under the 1987 Philippine Constitution.

Similar versions of this exemplary bill were filed in the 18 and 19th
Congresses, and the present proponent acknowledges the hard work and
wisdom of his predecessors.

In view of the foregoing, the immediate passage of this proposed measure
is earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

2492

HOUSE BILL NO.

Introduced by Representative Roy M. Gonzales

AN ACT
ESTABLISHING A PHILIPPINE FORENSIC DNA DATABASE, AND
APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title. - This Act shall be known as the “National Forensic DNA
Database Act of 2025.”

SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State
to establish and maintain an efficient, ethical, fair, and reasonable criminal justice
system. The State likewise reaffirms the goals of the United Nations (UN) 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.

‘Toward this end, the State shall provide a statutory framework for the creation
and establishment of a centralized and nationwide DNA database system for the
collection, maintenance, and storage of genetic identification information and
empower pertinent national government agencies to collect, analyze, type,
profile, and record any and all genetic markers contained in or derived from the
DNA.


SECTION 3. Definition of Terms. - For purposes of this Act, the following terms
shall mean:

(a) “Biological sample or DNA sample” refers to any organic material originating
from a person's body, even if 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;

(©) “Certified PNP 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 samples;

(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;

(©) “Detainee” refers to a person arrested and detained under existing
Philippine laws;

() “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 for identical twins;

(g) “DNA evidence” refers to the totality of the DNA profiles, results, and other
genetic information directly generated from DNA testing of biological
samples;

(h) “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;

(i) “DNA profiling or DNA typing” refers to a process where a minute sample
of genetic DNA material is taken from a human tissue and is given a
computerized numeric value;

() “Drug dependent” refers to a person who, pursuant to the Comprehensive
Dangerous Drug Act of 2002, possessed a cluster of physiological,
behavioral, and cognitive phenomena of variable intensity, in which his or


her use of psychoactive drugs 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-taking behavior in
terms of its onset, termination, or levels of use;

(k) “Foreign law enforcement agency” refers to the law enforcement agency of a
foreign state and includes an international organization established by the
government of states or an international organization;

(\) “Foreign DNA analysis” refers to analysis of the DNA from a body sample
or crime scene sample to determine a forensic DNA profile;

(m) “Forensic DNA profile” refers to the result obtained from forensic DNA
analysis on a body sample or crime scene, providing a unique string of
alphanumeric characters to provide identity reference;

(n) “Law Enforcement Personnel” refers to any employee or personnel of any
law enforcement agencies;

(0) “Intimate sample” refers 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.

(p) “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 apart from
which a swab taken would be an intimate sample; or

iv. Saliva.

(q) “Offense” refers to any act or omission punishable by law;

(x) “Philippine National Forensic DNA Database” refers to the country’s central
repository of DNA profiles created under this Act.

(s) “Street Children” refers to homeless children/ minors who live and spend a
significant amount of time on the streets, in parks, on the premises of


malls, and in other public areas of a city, municipality, or any open space as
their shelter and who are under the custody of the Department of Social
Welfare and Development (DSWD) and/or any of their field offices.

ARTICLE IL
FORENSIC DNA DATABASE

SECTION 4. Establishment of the Philippine National Forensic DNA Database.
~ A forensic DNA database through the Philippine National Police (PNP), to be
known as the Philippine National Forensic DNA Database, shall be established.
The database shall consist of the following indices:

(a) Crime Scene Index which shall contain a DNA profile derived from an
intimate sample or a non-intimate sample that is found on the following:

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 which shall contain forensic DNA profiles derived
from an intimate or a non-intimate sample taken from arrested persons;

(©) Convicted Offenders Index which shall contain DNA profiles derived from
an intimate or a non-intimate sample taken from a convicted offender;

(d)Detainee Index which shall contain DNA profiles derived from an intimate
ora non-intimate sample taken from a detainee;

(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;

(6) 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 swab;


(g) 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 non-intimate
sample taken from:

i, anything wom or carried by a missing person; or
ii, the next of kin of a missing person, if so required.

(i) Street Children and Beggars Index which shall contain DNA profiles of street
children and beggars, derived by means of forensic DNA analysis from a
buccal or blood swab;

(j) 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;

(k) Voluntary Person's 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.

SECTION 5. Objectives of the DNA Database. - 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 assist in the identification of missing persons or unidentified human
remains;

(b) to exonerate a person wrongly convicted of an offense;

(0) to identify a person who might have been involved in the commission of
an offense;

(d)to prove the innocence or guilt of a person allegedly involved in the
commission of an offense; or

(©) to serve as a tool for crime prevention and crime solution;


ARTICLE III
MANAGEMENT OF DATABASE AND ACCESS TO INFORMATION

SECTION 6. Management. - The PNP Crime Laboratory (CL) DNA Laboratory
Division shall manage the DNA databases established in Article II 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 administration, conduct, and
management of the DNA database;

(b)To cooperate with both local and foreign law enforcement agencies in
accordance with the provisions of this Act;

() To ensure that DNA profiles and any information in relation thereto are
securely stored and remain confidential;

(d)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;

(e) To store and dispose of samples taken for the purpose of forensic DNA
analysis 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 consequential, incidental, or
supplemental 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 CL 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 and/ or during the judicial and
quasi-judicial proceedings; and

(©) 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 Section 11, A.M. No. 06-11-5-SC
(Rule on DNA Evidence).


SECTION 8. Biological Sample or Genetic Markers Derived from DNA as
Evidence. ~ Expert testimony or evidence relating to the use of these biological
samples or genetic markers contained or derived from DNA for identification
may be used as evidence in any court or proceeding in the country subject to the
existing Rules on DNA Evidence.

ARTICLE IV
TAKING, STORING, AND DISPOSING OF DNA SAMPLES; REMOVAL OF
DNA PROFILE; AND CONFIDENTIALITY

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:

(a) Is convicted of a crime for any offense;

(b) Is arrested for and formally charged with the crime before the court for an
offense;

(0) Is legally detained under law;

(d)Is required to submit a DNA sample due to a judicial or quasi-judicial
order because they are a suspect in a crime;

(e) Is needed to submit a DNA sample for elimination purposes;

(6 Isa street child or a beggar;

(g) Is an active member of a law enforcement agency;

(h) Is an active member of the Armed Forces of the Philippines;

(i) Is 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 maintained at all times through a clear,
well-documented chain of custody from the time a biological sample is collected
until its disposal. Such chain of custody documents 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.

SECTION 11. Refusal to give a sample. - Refusal to give a sample. - If a person
from whom a non-intimate sample is to be taken under this Act refuses to give
such sample, refuses to allow such sample to be taken from him or her, or
obstructs the taking of such sample from him or her, he or she commits an


offense and shall, on conviction, be liable to a fine not exceeding Three Hundred
‘Thousand Pesos (PhP 300,000.00) or to imprisonment for a term not exceeding six
(6) years, or both.

SECTION 12, Storage and disposal of biological samples. - PNP DNA
Laboratory shall preserve all biological samples, DNA profiles, and results or
other genetic information obtained from the DNA testing. Alll biological samples
collected under Section 9 must be destroyed not later than six (6) months after a
DNA profile has been generated.

SECTION 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 as defined in Article II, Section 4, Subsection (k) 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
(6) months of being notified of such request, delete the DNA profile and any
information in relation to the profile.

SECTION 14. Support from Voluntary Citizens. - To support the nationwide
National DNA Database, employees of both government and private institutions
and private citizens may submit DNA samples. Their forensic DNA profiles and
any information in relation thereto shall be included in the voluntary person
index.

SECTION 15. Sample Given Voluntarily. -

(a) Any person may voluntarily give an appropriate consent in a written form
to a certified DNA collector for the taking of his or her intimate or
non-intimate sample;

(b) Where a written consent is given, a certified DNA collector, before the
taking of the intimate or non-intimate sample, informs the person from
whom the sample is to be taken -

i that the DNA profiles 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, that he or she may make a request for access to his or her
information; and
iii, that he or she may at any time withdraw his or her consent.

SECTION 16. Population Statistics Database. - lf personally identifiable
information is removed, test results may be disclosed for a population statistics
database, for identification research and protocol development purposes, or for
quality control purposes.

ARTICLE V
QUALITY ASSURANCE STANDARDS

SECTION 17. 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 databasing, including standards for testing the proficiency of
forensic laboratories and forensic analysts conducting forensic DNA analysis.

SECTION 18. Committee Members. - The Committee shall be composed of nine
(9) individuals, including the Chair, scientifically qualified to understand,
develop, and adopt DNA quality assurance standards. Committee
representatives shall include three (3) officials from the PNP, two (2) from the
NBI, one (1) from the DOST, one (1) from the DOH, and two (2) from other
agencies or institutions actively engaged in forensic DNA testing. The committee
shall be chaired by an official from the PNP, the repository of the database.

SECTION 19. Laboratory Standards. - The Committee shall adopt, develop, and
recommend standards for quality management, including standards for testing
the proficiency of Assurance Standards for forensic DNA testing laboratories,
including standards for testing the proficiency of laboratories and forensic
analysts conducting forensic DNA tests. Once adopted, these standards shall be
required for any forensic laboratory in the Philippines that produces samples to
be included in the national DNA database.


ARTICLE VI
CRIMINAL ACTS AND PENALTIES

SECTION 20. Tampering of DNA Records. - Any person who shall knowingly
make any false entry or falsely alter any DNA record or profile indexed or
otherwise contained in the DNA database system or who shall intentionally
conceal, destroy, mutilate, or remove or otherwise impair the verity or
availability of DNA records or profiles; shall suffer the penalty of twelve (12)
years and one (1) day imprisonment and a fine not less than Six Hundred
Thousand Pesos (PhP 600,000.00) at the discretion of the court.

A person convicted of tampering with DNA records shall be perpetually
disqualified from the right to hold public office.

SECTION 22. 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 as referred to in this Act, and who knowingly and
willfully discloses such information in any manner to any person or agency not
entitled to receive it to the prejudice and detriment of the public or person from
whom the said DNA sample information was taken shall suffer the penalty of
eight (8) years and one (1) day imprisonment or a fine not lower than Five
Hundred Thousand Pesos (PhP 500,000.00), or both, at the discretion of the court.

SECTION 23. Failure to Deliver DNA Records or Samples. - Any 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 lower than Four Hundred Thousand
Pesos (PhP 400,000.00) or both, at the discretion of the court. Provided, That, no
action, suit, prosecution, or any 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.

SECTION 24. 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 lower than Three Hundred
Thousand Pesos (PhP 300,000.00), or both, at the discretion of the court.


ARTICLE VII
GENERAL PROVISIONS

SECTION 25. Sharing of Data Between the PNP and the NBI. - The PNP and the
NBI shall establish a system to ensure that DNA profiles from each of their
respective databases are compared regularly and communicate any relevant
information.

SECTION 26. Cooperation with Foreign Law Enforcement Agency. -

(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.

(v) The PNP may, upon request by a foreign law enforcement agency in the
course of an investigation of an offense or a prosecution of a criminal
offense in that foreign state, communicate a DNA profile contained in the
DNA Database to that foreign law enforcement agency.

(©) 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 of which the
Philippines is an official member or an international organization.

SECTION 27. Regulations by the PNP. - The PNP shall work with other relevant
national government agencies to develop rules and regulations necessary to give
full effect to, or for carrying out, the provisions of this Act.

SECTION 28. Savings and Transitional. ~ Any existing DNA profile and any
information in relation thereto kept and maintained by the PNP immediately
before the coming into operation of this Act shall, on the coming into operation
of this Act, form part of the Philippine Forensic DNA Database established under
this Act in accordance with indices applying.

SECTION 29. Appropriations. The amount necessary to implement the
provisions of this Act shall be charged against the allocation in the General
Appropriations Act (GAA) of the Department of Interior and Local Government
(DILG).


SECTION 30. Implementing Rules and Regulations. - Within ninety (90) days
after the approval of this Act, the Secretary of DILG shall promulgate and issue
necessary rules and regulations for the efficient implementation of this Act.

SECTION 31. Separability Clause, - If any provision or part of this Act is
declared unconstitutional, the remaining parts or provisions not affected shall
remain in full force and effect.

SECTION 32. Repealing Clause, - All laws, executive orders, issuances, and rules
and regulations inconsistent with this Act are hereby repealed or modified
accordingly.

SECTION 33. Effectivity, - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,