NINETEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES
)
Second Regular Session
)
HOUSE OF REPRESENTATIVES
House Bill No.   9637
Introduced by Hon. Antonio B. Legarda Jr.
AN ACT ESTABLISHING A FORENSIC DNA DATABASE IN
THE PHILIPPINES, APPROPRIATING FUNDS THEREFOR AND
FOR OTHER PURPOSES
EXPLANATORY NOTE
In foreign jurisdictions, Deoxyribonucliec Acid (DNA) evidence has been routinely
used by law enforcement authorities to solve crimes. The DNA Profile would then be
placed in a database which would be compared with crime scene evidence from past or
future crimes. As such, DNA Testing has been instrumental in solving cold cases or
those that have remain unsolved for several years.
In our country, DNA Testing has been mentioned in our jurisprudence as early
as 1995.1 In the following years, DNA Testing and Analysis has also been the
subject of discussion in several Supreme Court cases. Breakthroughs in
technology and the universal adaptation of law enforcement authorities of
DNA Testing and creation of a Forensic DNA Database in foreign
jurisdictions as a method to solve crimes eventually lead to the approval of the
Rules on DNA Evidence in our country. In the absence of eyewitnesses and
documentary evidence, a Forensic DNA Database is a powerful tool that can
help our law enforcement authorities identify and convict criminals.
Thus, this bill seeks to: (1) create a Forensic National DNA Database in our
country which will be under the control and supervision by the PNP Crime
Laboratory — DNA Laboratory Division; and (2) National DNA Database Scientific
Advisory Committee will also be created, composed of representatives from the
PNP, NBI, DOST, DOH, and other government agencies engaged in forensic DNA
testing.
1 See the case of People v. Teehankee Jr. G.R. Nos. 111206-08 October 6, 1995
November 29, 2023
3:50 pm


In line with the policy adopted by its original proponent Senator Ronald
‘’Bato’’ Dela Rosa, this bill therefore serves as a counterpart measure. It is
for the reasons stated above that the passage of this measure is earnestly
sought.
ANTONIO B. LEGARDA JR.


NINETEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES
)
Second Regular Session
)
HOUSE OF REPRESENTATIVES
House Bill No.   9637
Introduced by Hon. Antonio B. Legarda Jr.
AN ACT ESTABLISHING A FORENSIC DNA DATABASE IN
THE PHILIPPINES, APPROPRIATING FUNDS THEREFOR AND
FOR OTHER PURPOSES
Be enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:
Section 1. ShortTitle.—This Act shall be known as the "Forensic DNA Database
Act".
Sec. 2. DeclarationofPolicy.— 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.
Sec. 3. Definitions.-As used in this Act:
a. BiologicalsampleorDNAsamplerefers to any organic material originating from
a person's body including those found in inanimate objects, that is susceptible to
DNA testing;
b. Buccal swabrefers 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. Crimescenesamplerefers 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. DNArefers 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;
f. DNAevidencerefers to constitutes the totality of the DNA profiles, results and
other genetic information directly generated from DNA testing of biological
samples;
g. 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 of
genetic DNA material is taken from a human tissue and is givena 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. ForensicDNAprofilesrefers to the result obtained from forensic DNA analysis
on body sample or crime scene, providing a unique string of alpha numeric
characters to provide identity reference;
l.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 (2) swab taken from any
part of a person's genitals (including pubic hair) or from a person's body orifice
other than the mouth.
m. Non-intimatesamplerefers 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.
Sec. 4. Establishment of Philippine National Forensic DNA Database. —
A forensic DNA database under 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 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 a 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 a
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;
f. Law Enforcement Personnel index shall contain DNA profiles of all
employees of government's law agencies, derived by means of forensic
g. 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 containe 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
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 DNA Database.- The objective of the DNA
Database is to establish, keep and maintain a National DNA Database
in order to perform comparative searches for the following purposes:
a. To serve as a tool for crime prevention and solution;
b. To identify persons who might have been involved in the
commission of an offense;
c. 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;or
e. To assist in the identification of missing persons or unidentified
human remains.
Section 6. Management of DNA Database.-The PNP Crime Laboratory
(CL)- 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 functions under this Act,
including the following:
a. To be primarily responsible for the general conduct, administration,
and management of the 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;
c. To ensure that 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 with the provisions of this Act;
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-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 or during
judicial or quasi-judicial proceedings; and
c. Making the information available to a person 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’’.
Sec. 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.
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 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;
g. an active member of the Armed Forces of the Philippines; and


g. a person who is voluntarily providing a sample to be placed into the
DNA database.
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 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 the interest of all parties.
Sec. 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.
Sec. 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.
Sec. 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:


a. 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 the purposes of
forensic DNA 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.
Sec. 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.
Sec. 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.
Sec. 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
(NBI), 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.
Sec. 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 not less than Six Hundred Thousand Pesos (Php600,000.00) at
the discretion of the court.
Sec. 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 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 than Six
Hundred Thousand Pesos (Php600,000.00) or both, at the discretion of
the court.
Sec. 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.
Sec. 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 (Php 300,000.00) or
imprisonment for a term not exceeding six (6) years or both.
Sec. 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.
Sec. 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 in order to determine whether such
DNA
profile
is
already
contained
in
the
DNA
Database
and
communicate any relevant.
Sec. 23. Transitional. — Any existing DNA profile and any information
in relation thereto kept and maintained by the Philippine National Police,
immediately before the effectivity of this Act shall form part of the


Philippine Forensic DNA Database in accordance with this Act.
Sec. 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 shall be included in
the annual General Appropriations Act.
Sec. 25. 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.
Sec. 26. 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. 27. 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. 28. Effectivity. - This Act shall take effect 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,