Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon Citv, Metro Manila
i-
NINETEENTH CONGRESS
Second Regular Session
HouseBillNo.ELO9
p@E€Ei\¢`=B
I:E£T.ERAL*aeit:i
I..i.S:'ur±.4,,
INTRODUCED BY REPRESENTATIVES RALPH 1^rENDEL P. TULFO,
TOcELyNT p. TULFO, AND ERWTr`T T. TULFO
AN ACT ESTABLISHING A FORENSIC DEOXYRIBONUCLEIC ACID (DNA)
DATABASE IN THE PHILIPPINES, APPROPRIATING FUNDS THEREFOR,
AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The utility of deoxyribonucleic acid /DNA\ evidence in forensics is evident in
the domestic and international spheres. In issuing Administrative Matter No. 06-11-5~
SC,  the Supreme  Court has  recognized  the  utility  of DNA  evidence  in rendering
decisions  in criminal  and  civil  cases  as  well  as  special  proceedings.  Likewise,  the
Philippine   National   Police   (PNP),   through   the   issuance   of   Directorate   for
Investigation  and  Detective  Management Investigative  Directive  No.  2015-05,  has
institutionalized the collection analysis and registration of DNA profiles of arrested
irLdividuals durirLg bookirLg arLd persorL .iirLdcr c.iistody irLto +LLhe PNP DNA Database.
Globally, the use of a DNA Databasc has increased the efficiency of criminal
investigations. However, the Philippines remains as one of the few countries that has
not been able to facilitate the establishment of a national DNA database.
This  proposed  legislative measure  intends  to strengthen  existing rules  and
institutions  pertaining  to  the  collection  and  use  of  DNA  evidence,  enhance  the
efficiency and effectiveness of criminal investigations, ensure accuracy in idendr'ying
perpetrators, and contribute to the overall improvement of the criminal justice system.
This {iafahase will  also serve aq a  I-onl  in i[ientifying missing persons a_r`_d victims of
disasters.


The  establishment  of  a  National  Forensic  DNA  Database  is  a  crucial  step
towards strengthening our criminal justice system. By harnessing the power of DNA
technology   responsibly,   we   aim   to   strike   a   balance   between   enhancing   law
enforcement   capabilities   and   protecting   individual   rights.   Through   rigorous
safeguards and transparency measures, this bill seeks to create a more secure and just
society for all.
In view of
RALPH
the foregoing, the urgent passing of this bill is earn_estly sought.
ELP.TULFO       TOCE
entativ e                               Repre senta
2nd District of Quezon city                ACT-GIS partylist
2
ACT-CIS Part


Republic Of the Philippines
HOUSE OF REPRESENTATIVES
Quezon Citv, Metro Manila
NINETEENTH CONGRESS
Second Regular Session
HouseBillNo.H£09
INTRODUCED BY REPRESENTATIVES RALPH l^rENDEL P. TULFO,
|OCELYN P. TULFO, AND ERWIN T. TULFO
1         AN ACT ESTABLISHING A FORENSIC DEOXYRIBONUCLEIC ACID (DNA)
2          DATABASE IN THE PHILIPPINES, APPROPRIATING FUNDS THEREFOR,
3                                                     AND FOR OTHER PURPOSES
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5      Be it enacted by the  senate and the House of Representatives of the philippines in congress
6       iissembled:
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8           SECTION 1. SJ[orf Tt.fzc. -This Act shall be known as the ``National Forensic DNA
9      Database Act".
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11           SEC.  2.  Dccha#af{.o#  a/ PoJI.car.  -It is  hereby  declared  the  policy  of the state  to
12      establish and maintain a fair, responsible, ethical, and efficient criminal justice system.
13      The State  likewise  reaffirms  the  goals  of  the  United  Nations  in the  field  of crime
14      prevention   and   criminal   justice,   specifically   more   efficient   and   effective   law
15      enforcement and administration of justice, respect for human rights and fundamental
16      freedoms,   and  prumotiun  of  the  Irig±iest  standards  uf  fairness,  humanity,  and
17      professional conduct.
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19           SEC. 3. Dc/1.#i.tr.oil a/ rcr#zs. -As used in this Act:
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21            (a)   Bz.ojogr.COZ 5#mpzc or DNA s¢i'xpzc refers to any organic material originating from a
22                  person's body including those found in inanimate objects, that is susceptible to
23                    deoxyribonucieic acid (DNA.) testing;
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(b)   B#ccoZ s7{Jflb refers a sample of cellular material taken from the inside of a person's
mouth;
(c)   Cbrfzf.ed DNA Co//cc for refers to a police officer or a person who has successfully
rnmpTpted  the  training  prescribed  by  the  Philippine  National  Police  apNP)
Forensics Group ffG), in respect Of the taking of buccal sample;
(d)   Crz.7!zc sce7ce s#rz7pZc refers to physical evidence retrieved from the crime scene or
any other place where evidence of the crime may be found and may include
pLT`Lysical e-v-iderice collcctcd frcffL the body Of a persorL irt`Lty7clT`'cd in ai.-I cffcnisc Or
crime;
(e)    D£`vTA refer.s tu deuxyri'uuiiucieic acid, -w7hich is lhe ci-iairi Of rriolecules fourid in
every nucleated cell of the body. The totality of an individual's DNA is unique
for the indi`,7idual, except identical twins;
(I)    DNA ez7z.de7"e refers to the totality of the DNA profiles, results, and other genetic
information direftlv penerated from DNA testing of bio]oofcal samn]es:
`.    CJ                                                                                          IJ                            tJ                            1            `
(g)   DNA  pro¢Ze  refers  to  genetic  information  derived  from  DNA  testing  of  a
biological  sajriple  cibfaii-led  lil-ori-I a  pei-sort,  -w-riiich biological  sai-I-Lple  is  cleai-1-v-
identifiable as originating from that person;
(h)   DNA pro.¢ZI.j7g or DNA fi/pz.Jig 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;
(i)    Forgz.gr J#7t7 c7t/07`cemerzf flgr77ci/ refers to the law enforcement agency of foreign
state ai-Ld includes art:y' recognized ii-Ltematicnal Or8arLizatiorL;
¢)    Fore7isz.c DNA fz#¢Zysz.s refers to analysis of the DNA from a body sample or crime
scerLe sarrLple to deterlrLii-Le forerisic DNA profile;
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qt)   Forerzszc DNA pro¢fc refers to the result obtained from forensic DNA analysis on
body  sample  or  crime  scene,  providing  a  unique  string  of  alphanumeric
characters to provide identity reference;
q_)    _r7?f7`.777¢fp 5"#7pJp refers fo (i) a sample of blood,, semen,. or any other tissue or fluid
taken from a person's body, urine, or pubic hair; or (ii) swab taken from any part
of a person's genitals (including pubic hair) or from a person's body orifices
other than the mouth; and
(in)  L7`vJO;1-i.;ifr.;ff,ife^ 5£j7£p,7€ refers to (i) a salmplc cf hair Other thaitlL the pidbic hair, (ii) a
sample taken from a nail or from under a nail, (iii) a swab taken from any part
of a pcrson's body  other than a part from 1.which a si.\7ab  taken T,\rould be an
intimate sample, or (iv) saliva.
SEC. 4. Establishment Of the National Forensic I)NA 1)atabase. - A ±orensi:c L}ENA
16      database  under  the  PNP,  hereinafter  referred  to  as  the  "National  Forensic  DNA
17      Databasc'', shall bc established. The National Forensic DNA Database shall consist Qf
18      the following indices:
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(a) Crime scene index shall contain DNA profiles derived from an intimate or a non-
intimate sample that is found on anything or at any place where an offense was
corrunitted, on or within the body o±' 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 arresteci persons;
(c)  Convicted offenders index shall contain DNA profiles derived from an intimate
or a non-intimate sample taken from persons convicted of an.v offense under any
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(d) Detainee index shall contain DNA proffles derived from an intimate or a non-
intimate sample taken from a detainee;
(e) Elimination person index shall contain DNA profiles derived from an intimate or
a nan-iTitimate samr]le taken from Dersons who had lawful access to the crime
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scene to be used for comparison with evidence for elimination purposes;
(f)  Law eut-orcement personnel index shall contain DNA profiles of all employees Of
law enforcement agencies, derived by means of forensic DNA analysis, from a
1`w~,~-1  /`..1`1/`/`r]  rT~-1+.
I/`^llcAl  \/i  i/||/|/`^ L3 +.t I+u/
(g) Military personnel index shall contain DNA profiles of all members of the Armed
I,A.~^. ^f .I.„` 1,1.:1:__;..^~ , ^ [T,\ d^..:`t^,i L`r ..^^^ .,., `f f,`..^...:^ TTT`T ^  ._A ,,,. :~  {..^_.
1 `,Lico  uL  iiLc  1  Lu]LLr,r£ILit.I,  \.L lil 1,  `ALLj. ` Ill  I,j   LLLLctLL]  i,i  L\,LLLLOLL  i,i `L i cL+L€tjL,t 3£0, LLuj.£L
a buccal or blood swab;
(Ii)Ivfibbili8per>uliiiidex5iidiiiuiiiciiniD}`TApi-ofiiesdiiricui,virL['urmdtiuiiiiirelatiuii
thereto  derived  from  an  intimate  or  a  non-intimate  sample  taken  from  (i)
anvthinp worn or carried bv a missing Person.. or (ii) the next of kin of a missing
|J                                                                                     1,  i.
person if so required; and
(i)  Uhidendr'ied  human  remains   index  shall  contain  DI`TA   profiles  and  any
informationinrelationtheretoderivedfromanintimateoranon-intimatesample
faken from the bndv or Darts of the bodv of an unidentified deceased person.
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SIC. 5. Objectivies Of the NTatioiial Forensic DNA Database. ~ The objectire of the
26      National Forensic DNA Database is to establish, keep, and maintain a compreheusjve
27      National DNA Database in order to perform comparative searches for the following
28      purposes:
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/a\  Tn c:pt.vp ac a tnnl for rtimfi nrpvpntirm an.i Crimp Qnli]tirm.
`;(+=i      i --.-__-==_-_-_-i   _-_--_ --------- _-_    I_-        -.____   .__   .____.       -._-_____    -__-_ ---- _,
(b) To identify persons who might have been involved in the commission of an
offense;
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(c)  To prove the irmocence or guilt of a person allegedly involved in the commission
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ul all uliclLjc,
(d) To exonerate a person wrongly convicted of an offense; and
(e) To assist in the identification of missing persons or unidentified h.unan remains.
SEC. 6. M¢r{¢gel7iefif a/ Nch.otiflz foref{si.c DNA Dflf¢basc. - The PNP FG - DNA
10      Laboratory Di`'ision shall manage the National Forensic DNA Database, and shall have
11      all  such  power  as  may  be  necessary  for,  in  cormection  with,  or  incidental  to  the
12      performance of its functions under this Act, including the following:
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(a) To  be  primarily  responsible  for  the  general  conduct,  administration,  and
management of the National Forensic DNA Database;
fl)) To establish mechanisms to facilitate the connection, storage, and dissemination
o± data in connection with L)N A profiles and any irltormation in relation thereto
stored in the DNA database;
(c)  To errsure the 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
.... :I.1_   L1_.  ._.._____._.__   _f  L1_ _    ^  _I .....  I
wiui ii[t= riuvisicjlb ui iiic nil, cuiu
(f)  To carry out any other functions conferred by or under this Act, and to perform
di-iy  cjtiit=r fuiiltiuirs tiLdt arc iriiidciitdi ur iuiBequential tu any Of the functions
specified in this section or in furtherance of the objectives of the N ational Forensic
DNA Database.
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2          SEC. 7. Access and corifideutialrty of DNA prof iles and Ittf ormation. -The Naifor\al
3      Foi.ensic DNA Database arLd arLy iruformatiorL ccrLtained therein shall c>rd:v' be accessed
4      by authorized personnel of the PNP-FG DNA Laboratory for the following purposes:
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6           (a) Administering the database;
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Q) Comparing  DNA  profiles  or  information  in  the  course  of  an  investigation
conducted by any law enforcement agency or during judicial and quasi-judicial
proueedingb; di id
(c)  Making the information available to a person to whom the information relates.
DNA profiles arid all results cr Other iruformaticn obtairied from DNA testing
shall  be  confidential,  subject  to  the  provisions  of  Republic  Act  No.  10173,
otherwise known as the "Data Privacy Act''.
SEC. 8. Biological Sample or Genetic Markers Derived from DNA as Evidence. -
18      Expert testimony or evidence relating to the use of these biological samples or genetic
19      markers contained in or derived from DNA for identification mav be used as evidence
in any cc.art Or prcceedirL8 in the cc'drLtr:,' s'dbject tc the jiddicial rill.~. OIL DNA c`,7idcrLcc.
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22            SEC. 9.  CoZZccf{.o#  of DNA  sflfflpJc. -Only a certified PNP DNA Collector shall
23      collect a biological sample from any person who, on or after the effectivity of this Act,
24       is:
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(a) Convicted Of a crime for any offense;
(b) jinested for and formally charged of the crime before the court for an offense;
(c)  Legally detained under the law;
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1           (d) Required  to  submit a  DNA  sample  due  to  a judicial  or  quasi-judicial  order
2                 because he/she is a suspect in a crime;
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4           (e) Required to submit a DNA sample for elimination purposes;
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6           (f)  An active member of a law enforcement agency; and
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8           (g) An active member of the AFP.
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io            SEC.10. H¢ndJi.f!g a/ Co!Zccfed Bt.o!ogr.cfl!Z sflfflpJ€. -The integrity of the collected
11      biological sample shall be maintained at all times through a clear, well-documented
12      chain of custody from the time a bioiogicai sample is collected until it is disposed. Such
13      chain of custody dcreument shall be retained in the laboratory record to reflect the
14       ipLtegrit}7  Of  +uT`&e  saumple  di.irirTL8  its  receipt,  ha_t`LCHing,  storatge,  preparation,  retepLtior`L,
15      and/or disposal to protect the interest of all parties.
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1]           SEC.11. Storage and Disposal of Biological samples. -The PNIP DINA. Laboratory
18      Division shall preserve all biological samples, DNA profiles and results, or other genetic
19      iud-ormation obtained I-rom the DNA testing.  Ail biological samples coiiected under
20      Section 9 must be destroyed not later than six (6) months after the DNA profile has been
21       gepLerated.
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Z3          SEC. T2. Deletion of DNA prof tie f rom the National Forensic DNA Database Indices.
24      -A person whose DNA profile is contained in the missing person's index may request
25      that their DNA profile and any related information be dclctcd from the DNA databank
26      at any time. Members of law enforcement agencies and the AFp may request the same
27      upon retirement or resignation from service. Within six (6) months from the time of
28      nodiication and validation of such request, the DNA profile and any information in
29      relation to the profile may be deleted.
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1          SEC.13. National DNA Database scienti,fic Advisory  comndttee.  -A RI2[fionel
2      Forensic  DNA  Database  Scientific  Advisory  Committee  shall  be  established  for
3      purposes of developing DNA testing database quality assurance standards for DNA
4      testing and  data basing including standards for testing the  proficiency  of forensic
5      laboratories and forensic analysts conducting forensic D}`IA analysis.
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7            SEC.14t  cgqu.far.!.#e€ Mg???,bgrs.  -Th.e comm.ittee shall be compc}sed c>f eleven (11)
8      members, with recognized expertise and competence to understand, develop, and
9      adopt DNA quality assurance standards necessary for the maintenance of the National
10      Forensic  DNA Database.  Committee representatives shall be composed of three (3)
11      representatives from the PNP, two  (2) representatives from the National Bureau of
12      investigation  (Nt31-),  one  (1)  representative  from  the  Department  of-  Science  and
13      Technolocgy (DOST), one (1) representative from the Department of Health (DOH), one
14       (1) representrLti`,7e from the Da.ta, Priv.a`cy com!rrrissiorTL, op.e (1) represepLtaLtive from the
15      Commission on Human Rights, and two (2) representatives from other government
16      agencies  or  institutions  actively  engaged  in forensic  DNA  testing.  The Committee
17      Chairperson shall be an official from the PNP, being the repository of the National
18      Forensic DNA Database.
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20           SEC.15. rflrxpcf7.ng. a/DNA Records. -Any person who knowingly makes any false
21      entry or alter any DNA record or profile indexed or otherwise contained in the National
22      Forensic DNA Database, or who shall intentionally destroy, mutilate, conceal, remove,
23      or  otherwise  impair  the  verity  or  availability  of  DNA  records  or  profile  without
24      authority, shafi suf±-er the penalty of twelve (12) years and one (1) day imprisonment
25      with perpetual absolute disqualification for public office and a fine not less than Six
26      Hurl.died ThouLsa_nd pesos. (Php600,000.00) a.t the discretion of the col.1_tt.
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Z8          SEC.16. Tampering, Abetting, or Attempting to Tamper with DNA samples. -Any
29      person who knowingl.v tampers with or causes to be tampered any intimate or non-
30      intimate sample taken for purposes of this Act, or aids the commission of, or attempts
31      to tamper w-ith any intinate or nor-intimate sample taken for the purposes of this Act,
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1      shall  suffer  the  penalty  of  twelve  (12)  years  and  one  (1)  day-  imprisonment  with
2      perpetual  absolute disqualification for public  office or a fine not less Six Hundred
3      Thousand pesos (Php600,000.00), or both at the discretion of the court.
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5           SEC. Tj. Improper -Disclosure of DNA sarap-les and Records. -A]ny persoru^iir\o, by
6      virtue of employment or official position, has possession of, or access to, individually
7      ider`Lt±ifiable DNA information indey`ed c}r otherT,^,rise cori.ta.ip.ed in the Na.tienal Forensic
8      DNA Database a_nd who knowingly and willfully discloses such information in any
9      manner to any person or agency not legally entitled to receive it to the prejudice and
10      detriment of the person from whom the said DNA sample or information was taken
11      shall suffer the penalty of eight (8) years and one (1) day imprisonment or a fine not
12      lower  than  Five  Hundred  Fifty  Thousand  Pesos  (`Php55u,UUO.UU)  or  both,  at  the
13      discretion of the court.
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15           SEC.18. Rc/#s¢Z to G!.zJc sflfflpjc. -Any person who unjustly refuses to give a non-
16      intimate  sample  or  obstructs  the  taking  of  such sample,  when legally  ordered by
17      competent authority to do so, shall be liable to a fine not exceeding Three Hundred
18      Thousand pesos (Php300,000.00) or imprisonment for a term not exceeding six (6) years,
19      or both.
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21           SEC.19. Cooperation with other Law Enf orcement Agencies. -The PNIP, NBI, and
22      other law enforcement agencies shall establish a system to ensure coordination and
23      integration of the DNA database in their respective agencies.
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15           EEC. ZO. Cooperation wi+h Foreign l±av) Erif orcemeut Agencies. -
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27           (a) The PNT may, upon the request by a foreign law enforcement agency, compare
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a DNA profile received from the foreign law enforcement agency with the DNA
profiles in the National Forensic DNA database in order to determine whether
such DNA profile is identifiable, and communicate any relevant information to
+uhc rcqidcstin8 forcigr, laT,..,7 cnforccrrLcnt a8c£-Icy.
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2          a) The pNp may, upon request by a foreign law enforcement agency in the course
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of an investigation of an offense or a prosecution of a criminal offense in that
foreign state, communicate a DNA profile contained in the National Forensic
DNA Database to that foreign law em`orcement agency. Family- members Of a
missing person may provide  DNA sample as reference for comparison if no
1-f]fprencp qamnlp ft-nm the mi,q,sinp is available.
_  __  __   -_..   .    _   I_I_     _r        .                                                                          u
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9           (c)  For the purpose of this section, "foreign law enforcement agency'' means the law
10                    el u'urcei+neiii ageficy-oir a foi-eigi-i s late ai-id ii-iciudes ai-I ii-ilei-i-ia ticii-lad oi-gal-iiza[ion
11                 established by the government of states that the philippines is an official member.
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13           SEC. 21. rrfl#sI.ft.o7ifl[J prot„.s{.o#s. -Any existing DNA profile and any information
14      in relation thereto kept and maintained by the pNp immediately before the effectivity
15      of this Act shall form part of the National I.orensic i)NA i)atabase in accordance with
16      this Act.
17I,
18           SEC. 22. Appropri.fltr.ous. -The amount necessary for the effective implementation
19      of the provisions of this Act shall be taken from the current year's appropriation of the
20      PNP. Thereafter, such sum as may be needed for the continued implementation of this
21      Act shall be included in the armual General Appropriations Act.
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23            SEC. 23. Ifflpzefrientr.rlg R"Zcs flJid Rcgrfzatr.oas. -Within one hundred twenty (120)
24      days,  the PNP,  in  corrsultation with relevant  government  agencies  and  other  law
25      enforcement  agencies,  shall  formulate  the  necessary  mles  and  regulations  for  the
26      effective implementation of this Act.
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28            SEC. 24. Sep¢r¢bt.Jz.fy CJ¢zjsc.  -If any porfron or provision of this Act is declared
29      uncoustitutional, the remainder of this Act or any provisions not affected thereby shall
30      remain inforce and effect.
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1           SEC. 25. Rcpcflz1.#g cj¢#sc. -All existing laws, orders., rules and regulations or parts
2      thereof deemed inconsistent with the provisions of this Act are hereby repealed or
3      modified accordingly.
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5           SIC. 26. £#gcf!:a"-fry. -This Act shall take effect fifteen ('i5) days I-oliowing the date of
6      its publication in the official Gazette or in at least a newspaper of general circulation.
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8            Approt7ed,
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