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

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TWENTIETH CONGRESS \—
First Regular Session

House Bill No. 4086

INTRODUCED BY REPRESENTATIVES RALPH WENDEL P. TULFO
AND JOCELYN P. 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
individuals during booking and person under custody into the PNP DNA Database.

Globally, the use of a DNA Database 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 bill 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 identifying perpetrators,
and contribute to the overall improvement of the criminal justice system. This
database will also serve as a tool in identifying missing persons and 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 the foregoing, the urgent passing of this bill is earnestly sought.

,

RALPH WENDEL P. TULFO JOCEL} ‘oO
Representative sentative
2m District of Quezon City ACT-CIS Partylist


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

TWENTIETH CONGRESS
First Regular Session

House Bill No._ 4086

INTRODUCED BY REPRESENTATIVES RALPH WENDEL P. TULFO
AND JOCELYN P. TULFO

AN ACT ESTABLISHING A FORENSIC DEOXYRIBONUCLEIC ACID (DNA)
DATABASE IN THE PHILIPPINES, APPROPRIATING FUNDS THEREFOR,
AND FOR OTHER PURPOSES

Be it enacted by the Senate and the 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”.

SEC. 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 reaffirms the goals of the United Nations in the field of crime
prevention and criminal justice, specifically more efficient and effective law
enforcement and administration of justice, respect for human rights and fundamental
freedoms, and promotion of the highest standards of fairness, humanity, and
professional conduct.

SEC. 3. Definition of Terms. - 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
deoxyribonucleic acid (DNA) testing;

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Buccal swab refers a sample of cellular material taken from the inside of a person's

mouth;

Certified DNA Collector refers to a police officer or a person who has successfully
completed the training prescribed by the Philippine National Police (PNP)
Forensics Group (FG), in respect of the taking of buccal sample;

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;

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;

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

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;

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;

Foreign law enforcement agency refers to the law enforcement agency of foreign
state and includes any recognized international organization;

Forensic DNA analysis refers to analysis of the DNA from a body sample or crime

scene sample to determine forensic DNA profile;
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(&) Forensic DNA profile 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;

()_ 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 (ji) 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

(m) 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.

SEC. 4. Establishment of the National Forensic DNA Database. - A forensic DNA
database under the PNP, hereinafter referred to as the “National Forensic DNA
Database”, shall be established. The National Forensic DNA Database shall consist of
the following indices:

(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
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;

(©) Convicted offenders index shall contain DNA profiles derived from an intimate
or anon-intimate sample taken from persons convicted of any offense under any

written law;


(d) Detainee index shall contain DNA profiles 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 non-intimate sample taken from persons who had lawful access to the crime
scene to be used for comparison with evidence for elimination purposes;

(f) Law enforcement personnel index shall contain DNA profiles of all employees of
law enforcement agencies, derived by means of forensic DNA analysis, from a
buccal or blood swab;

(g) Military personnel index shall contain DNA profiles of all members of the Armed
Forces of the Philippines (AFP) 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; and

() 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.

SEC. 5. Objectives of the National Forensic DNA Database. - The objective of the
National Forensic DNA Database is to establish, keep, and maintain a comprehensive
National DNA Database in order to perform comparative searches for the following

purposes:

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


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(b) To identify persons who might have been involved in the commission of an
offense;

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

(d) To exonerate a person wrongly convicted of an offense; and

(©) To assist in the identification of missing persons or unidentified human remains.

SEC. 6. Management of National Forensic DNA Database. - The PNP FG - DNA
Laboratory Division shall manage the National Forensic DNA Database, and shall have
all such power 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 primarily responsible for the general conduct, administration, and
management of the National Forensic DNA Database;

(b) To establish mechanisms to facilitate the connection, storage, and dissemination
of data in connection with DNA profiles and any information in relation thereto
stored in the DNA database;

(6) To ensure 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;

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

() 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
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specified in this section or in furtherance of the objectives of the National Forensic
DNA Database.

SEC. 7. Access and Confidentiality of DNA Profiles and Information. - The National
Forensic DNA Database and any information contained therein shall only be accessed
by authorized personnel of the PNP-FG DNA Laboratory for the following purposes:

(a) Administering the database;

(b) Comparing DNA profiles or information in the course of an investigation
conducted by any law enforcement agency or during 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 Republic Act No. 10173,
otherwise known as the “Data Privacy Act”.

SEC. 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 in or derived from DNA for identification may be used as evidence
in any court or proceeding in the country subject to the judicial rules on DNA evidence.

SEC. 9. Collection of DNA Sample. - Only a certified PNP DNA Collector shall
collect a biological sample from any person who, on or after the effectivity 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;


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(©) Legally detained under the law;

(d) Required to submit a DNA sample due to a judicial or quasi-judicial order

because he/she is a suspect in a crime;

(©) Required to submit a DNA sample for elimination purposes;

(8) Anactive member of a law enforcement agency; and

(g) An active member of the AFP.

SEC. 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 it is disposed. Such
chain of custody document shall be retained in the laboratory record to reflect the
integrity of the sample during its receipt, handling, storage, preparation, retention,
and/or disposal to protect the interest of all parties.

SEC. 11. Storage and Disposal of Biological Samples. - The 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 (6) months after the DNA profile has been

generated.

SEC. 12. Deletion of DNA Profile from the National Forensic DNA Database Indices.
~ A person whose DNA profile is contained in the missing person’s index 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 AFP may request the same
upon retirement or resignation from service. Within six (6) months from the time of


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notification and validation of such request, the DNA profile and any information in
relation to the profile may be deleted.

SEC. 13. National DNA Database Scientific Advisory Committee. - A National
Forensic 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.

SEC. 14. Committee Members. - The Committee shall be composed of eleven (11)
members, with recognized expertise and competence to understand, develop, and
adopt DNA quality assurance standards necessary for the maintenance of the National
Forensic DNA Database. Committee representatives shall be composed of three (3)
representatives from the PNP, two (2) representatives from the National Bureau of
Investigation (NBI), one (1) representative from the Department of Science and
Technology (DOST), one (1) representative from the Department of Health (DOH), one
(1) representative from the Data Privacy Commission, one (1) representative from the
Commission on Human Rights, and two (2) representatives from other government
agencies or institutions actively engaged in forensic DNA testing. The Committee
Chairperson shall be an official from the PNP, being the repository of the National
Forensic DNA Database.

SEC. 15. Tampering of DNA Records. - Any person who knowingly makes any false
entry or alter any DNA record or profile indexed or otherwise contained in the National
Forensic DNA Database, 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 not less than Six
Hundred Thousand Pesos (PhP600,000.00) at the discretion of the court.


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SEC. 16. Tampering, Abetting, or Attempting to Tamper with DNA Samples. - Any
person who knowingly tampers with or causes to be tampered any intimate or non-
intimate sample taken for purposes of this Act, or aids the commission of, or attempts
to tamper with any intimate or non-intimate sample taken for the purposes 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 Six Hundred
Thousand Pesos (PhP600,000.00), or both at the discretion of the court.

SEC. 17. 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 National Forensic
DNA Database 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 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 (PhP550,000.00) or both, at the

discretion of the court.

SEC. 18. Refusal to Give Sample. - Any person who unjustly refuses to give a non-
intimate sample or obstructs the taking of such sample, 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.

SEC. 19. Cooperation with Other Law Enforcement Agencies. - The PNP, NBI, and
other law enforcement agencies shall establish a system to ensure coordination and

integration of the DNA database in their respective agencies.

SEC. 20. Cooperation with Foreign Law Enforcement Agencies. -


(@) The PNP may, upon the request by a foreign law enforcement agency, compare
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
the requesting foreign law enforcement agency.

(b) 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 National Forensic
DNA Database to that foreign law enforcement agency. Family members of a
missing person may provide DNA sample as reference for comparison if no

reference sample from the missing is available.

(©) For the purpose of this section, “foreign law enforcement agency” means the law
enforcement agency of a foreign state and includes an international organization
established by the government of states that the Philippines is an official member.

SEC. 21. Transitional Provisions. - Any existing DNA profile and any information
in relation thereto kept and maintained by the PNP immediately before the effectivity
of this Act shall form part of the National Forensic DNA Database in accordance with
this Act.

SEC. 22. 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 shall be included in the annual General Appropriations Act.

SEC. 23. Implementing Rules and Regulations. - Within one hundred twenty (120)
days, the PNP, in consultation with relevant government agencies and other law
enforcement agencies, shall formulate the necessary rules and regulations for the

effective implementation of this Act.
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SEC. 24. 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.
SEC. 25, 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.

SEC. 26. Effectivity. - This Act shall take effect fifteen (15) days following the date of
its publication in the Official Gazette or in at least a newspaper of general circulation.

Approved,