Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

20 CONGRESS
First Regular Session

House BiLLNo, 388

Introduced by. REP. JUAN CARLOS “ARJO” C. ATAYDE

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

Deoxyribonucleic Acid, or DNA, is a molecule that encodes the genetic
information in all living organisms. A person’s DNA is the same in each cell and it
does not change throughout a person’s lifetime; the DNA in a person’s blood is the
same as the DNA found in his saliva, sweat, bone, the root and shaft of hair, earwax,
mucus, urine, skin tissue, and vaginal and rectal cells. Most importantly, because of
polymorphisms in human genetic structure, no two individuals have the same DNA,
with the notable exception of identical twins.! Over the years, the use of DNA provides
a powerful investigative tool for law enforcement agencies.

In 2002, the Supreme Court recognized DNA as admissible and authoritative
evidence in the case of People vs. Vallejo? wherein the rape and murder victim's DNA
samples from the bloodstained clothes of the victim were admitted in evidence. In this
case, “the purpose of DNA testing (was) to ascertain whether an association exist(ed) between
the evidence sample and the reference sample. The samples collected (were) subjected to various
chemical processes to establish their profile.”

Considering the fact that the odds of two (2) unrelated persons having the
same DNA profile is in the order of one in a billion, this bill proposes the establishment
of the national forensic DNA Database system that will benefit in efficiently and

‘ People vs. Yatar, G.R. No. 150224, May 19, 2004.
?G.R. No. 144656, May 9, 2002.


effectively solving crimes, identifying missing or deceased persons, ascertaining
paternity, and more importantly, exonerating the innocent.

Ina catena of cases decided by the Supreme Court, it ruled that the use of
DNA in evidence does not violate an individual's right against self-incrimination.
With respect to the right to privacy, it was stated that the right does not bar all
incursions into individual privacy and is not intended to stifle scientific and
technological advancements that enhance public service and common good.* In fact,
no less than the Constitution acknowledges the importance of science and technology
in national development and progress.*

This measure shall provide a statutory framework for the creation and
establishment of a centralized and nationwide DNA database system to be called
Philippine National Forensic DNA Database to be administered by the Philippine
National Police (PNP). The same includes proper safeguards to ensure not only the
integrity of the DNA profiles and information to be stored in the database, but also
the legitimacy of the purpose of collection and use thereof.

In view of the foregoing, early passage of the bill is earnestly requested.

REP. JUAN CARLOS “ARJO” ATAYDE

? Ople vs. Torres, G.R. No. 127685, July 23, 1998.
* Article XIV Section 10, 1987 Constitution.


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

20" CONGRESS
First Regular Session

386

HOUSE BILL NO.
Introduced by. REP. JUAN CARLOS “ARJO” C. ATAYDE

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 House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title. This Act shall be known as the "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 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.

Towards 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, storage, and maintenance of genetic identification information and
empower pertinent government agencies to collect, analyze, type or profile, and

record any and all genetic markers contained in or derived from DNA.
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mean:

ARTICLEI
PRELIMINARY
SEC. 3. Definition of Terms. For purposes of this Act, the following terms shall

.. Buccal swab - a sample of cellular material taken from the inside of a person’s

mouth;

.. Certified PNP DNA Collector - a police officer or a person who has successfully

completed the training prescribed by the PNP Crime Laboratory, with respect
to the taking of buccal sample;

. Crime scene sample - 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 - a person arrested and detained under existing laws;

.. Deoxyribonucleic acid (DNA) - a biochemical molecule found in cells making

each species unique;

DNA profile - genetic information derived from forensic DNA analysis;

. DNA sample - any biological specimen or sample taken from an individual

which may either be intimate or non-intimate samples, on which a DNA

analysis can be carried out;

. DNA profiling or DNA typing - the process of providing and/or assigning a

computerized numeric value in the form of a “bar code” to a minute sample of

genetic DNA sample taken from a human tissue;

Drug dependent -a person, pursuant to the Comprehensive Dangerous Drug Act
of 2002, who possesses a cluster of physiological, behavioral and cognitive
phenomena of variable intensity, in which his or her use of psychoactive drug

takes on a high priority thereby involving, among others, a strong desire or a


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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;

j. Foreign Iaw enforcement agency - the law enforcement agency or organization of

a foreign country or an international organization;

k. Forensic DNA analysis - analysis of DNA obtained from a body sample or crime

scene sample to determine forensic DNA profile;

1. Forensic DNA profile - the result obtained from forensic DNA analysis on body
sample or crime scene sample, providing a unique string of alphanumeric

characters to provide identity reference;

m. Law enforcement personnel - any employee or personnel of law enforcement

agencies;
n._ Intimate sample -

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.
0. Non-intimate sample-

i. Asample of hair other than the pubic hair;

ii, Asample taken from a nail or from under a nail;

iii, A swab taken from any part of a person’s body other than apart from
which a swab taken would be an intimate sample; or

iv. Saliva.

p. Offense - any act or omission punishable by law;


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q. Philippine National Forensic DNA Database - the country's central repository of
DNA profiles and other information relating thereto created pursuant to this
Act

ARTICLE I
FORENSIC DNA DATABASE
SEC. 4. Establishment of Philippine National Forensic DNA Database. There shall
be established a forensic DNA database under the Philippine National Police, to be
known as the Philippine National Forensic DNA Database. The database shall consist

of the following indices:

a. Crime scene index which shall contain a forensic DNA profile and any
information in relation thereto derived from an intimate sample or a non-
intimate sample that is found—

a. On anything or at any place where an offense was committed;
b. On or within the body of a victim of an offense; or

c. 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;

c. Convicted offenders index which shall contain forensic 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 shall contain forensic DNA profiles derived from an

intimate or a non-intimate sample taken from a detainee;

e. Drug dependent index which shall contain forensic DNA profiles derived from

an intimate or a non-intimate sample taken from a drug dependent;


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£. Law enforcement personnel index which shall contain forensic 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. Missing person index which shall contain forensic DNA profiles and any
information in relation thereto derived from an intimate or a non-intimate
sample taken from—

i. The body or parts of the body of an unidentified deceased person;
ii, Anything worn or carried by a missing person; or
iii, The next of kin of a missing person if so required; and

h. Voluntary person index which shall contain forensic 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.

SEC. 5. Objective 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. Serve asa tool for crime prevention and crime solution;

b. Identify a person who might have been involved in the commission of an

offense;
c. Prove the innocence or guilt of a person suspected of committing an offense;
d. Exonerate a person wrongfully convicted of an offense; or

e. Assist in the identification of missing persons or unidentified human remains.


1 ARTICLE IIT
2 MANAGEMENT OF DATABASE AND ACCESS TO INFORMATION

3 SEC. 6. Management. The PNP Forensic DNA Laboratory shall manage the
4 DNA databases established under Article II of this Act and shall have all such powers
5 as may be necessary for, in connection with, or incidental to the performance of its
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functions pursuant to this Act, including the following:

7 a. Be responsible for the general conduct, administration, and management of the
DNA database;

9 b. Establish mechanisms to facilitate the connection, storage, and dissemination
10 of data in connection with DNA profiles and any information in relation thereto
" stored in the DNA Database;

12 c. Ensure that DNA profiles and any information in relation thereto are securely
13 stored and remain confidential;

14 d. Store samples taken for the purpose of forensic DNA analysis and dispose of
15 the same in accordance with the provisions of this Act;

16 e. Cooperate with both local and foreign law enforcement agencies in accordance
17 with the provisions of this Act; and

18 f. Carry out any other functions conferred by or under this Act and to perform
19 any other functions that are supplemental, incidental, or consequential to any
20 of the functions specified in this section or in furtherance of the objectives of
21 the Philippine National Forensic DNA Database.

22 SEC. 7. Access to DNA profiles and information. The DNA database and any

23 information contained therein shall be accessed only by authorized personnel of the
24 PNP Forensic DNA Laboratory. The DNA database and any information contained
25 therein shall only be accessed for the purposes of:

26 a, Admit

istering the database;


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b. Comparing DNA profiles or information in the course of an
investigation conducted by any law-enforcement agency; or

c. Making the information available to a person to whom the information
relates.

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 shall be admissible and
accepted as evidence in court or any other proceedings in the country. Provided,
however, that the trial courts or other quasi-judicial bodies shall be satisfied that the
expert testimony or evidence meets the criteria for admissibility under the existing
Rules on DNA Evidence.

ARTICLE IV
TAKING, STORING, DISPOSING OF DNA SAMPLES, REMOVAL OF DNA
PROFILE, AND PRIVACY PROTECTION

SEC. 9. Taking of biological sample. Only a certified PNP DNA Collector shall
collect a biological sample from any person who:

a. On the effective date of this Act, is currently in jail/ prison or on probation, for

any offense,
b. On orafter the effective date of this Act:
i, Is convicted of a crime for any offense;

ii, Is arrested for and formally charged of the crime by a court for an

offense;
iii, _ Is legally detained under the law;
iv. Is required to submit a DNA sample pursuant to a court order; or

v. Voluntarily provides a sample to be placed into the DNA database.


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SEC. 10. Storage and disposal of biological samples, The PNP DNA Laboratory
shall safely and securely store all biological samples that are collected for the purpose
of this Act. 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. Removal of DNA Profile from the DNA Database Indices. A person whose
DNA profile is contained in the volunteer or missing person’s indices as defined in
Article II, Section 4, Subsections (f) and (g) may request that their DNA profile, and
any related information, be removed from the DNA databank at any time. The DNA
Laboratory officer in charge of the database shall remove the DNA profile and any

information in relation thereto within six months upon notice of said request.

SEC. 13. Voluntary Support from Citizens, To support the nationwide National
DNA Database, employees from 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.

SEC. 14. Consent in Cases of Voluntary Support. Any person may give his or her
consent, in the prescribed manner deemed sufficient, to a certified DNA collector for
purposes of collecting or taking his or her intimate or non-intimate. Prior to taking the
intimate or non-intimate sample, the certified DNA collector shall inform the persons

from whom the sample are to be taken that-

c. The DNA profile and any information in relation thereto may be stored in the
National Forensic DNA Database and may be used for the purposes of forensic
DNA analysis, police investigation, and for other purposes referred to in this
Act;

d, They may make a request to access his or her information; and

e. They may at any time withdraw their consent before collection of intimate or
non-intimate samples and have their DNA profile and other information
removed from the database in the event that samples were already collected

prior to withdrawal of consent.


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SEC, 15. Privacy Protection Standards. DNA records collected and maintained
for the purposes of this Act shall be disclosed only:

a. To criminal justice agencies for law enforcement investigation or identification

purposes;
b. In judicial proceedings, following applicable laws and rules of procedure; and

c. To the person whom the intimate or non-intimate sample was collected from

or their heir if the person is deceased.

SEC. 16. Population Statistics Database. If 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
SEC. 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.

SEC.18. Committee Members. The Committee shall be composed of not less than
seven but not more than nine, including the Chairperson, individuals scientifically
qualified to understand, develop and adopt DNA quality assurance standards.
Committee representatives shall include officials from the Philippine National Police,
National Bureau of Investigation, University of the Philippines, and other public
entities and 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. 18, Laboratory Standards, The Committee shall develop, adopt, and
recommend standards for quality management, including standards for testing the
proficiency of Assurance Standards for forensic DNA testing laboratories, including


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standards for testing proficiency of laboratories and forensic analysts conducting
forensic DNA test. 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

SEC. 10. Refusal to give sample. Any person who refuses to give, or allow a non-
intimate sample be taken from him or her, or obstructs the taking of the same, when
the collection or taking is authorized by the provisions of this Act, shall suffer a
penalty of six (6) years imprisonment or a fine in the amount of Three Hundred
Thousand Pesos (P300,000.00), or both, at the discretion of the court.

SEC. 19. 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; or who shall intentionally destroy, mutilate, conceal,
remove or otherwise impair the verity or availability of DNA records or profile; shall
suffer the penalty of six (6) to twelve (12) years imprisonment or a fine not less than
Six Hundred Thousand Pesos (P600,000.00) or both, at the discretion of the court.

SEC. 20. Tampering, Abetting, or Attempting to Tamper with 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 any person who
abets the commission of or who attempts to tamper any intimate or non-intimate
sample taken for the purposes of this Act, on conviction, shall suffer the penalty of six
(6) to twelve (12) years imprisonment or a fine not less than Six Hundred Thousand
Pesos (P600,000.00) or both, at the discretion of the court.

SEC. 21. 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, 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 or information

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was taken shall suffer the penalty of six (6) months to six (6) years imprisonment or a
fine not lower than Five Hundred Fifty Thousand Pesos (P500,000.00) or both, at the

discretion of the court.

SEC. 22. 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 shall
suffer the penalty of six (6) months to six (6) years imprisonment or a fine not lower
that Four Hundred Thousand Pesos (P400,000.00) or both, at the discretion of the
court. Provided that, no action, suit, prosecution or other proceedings shall lie or be
brought against the aforesaid person if he or she failed to deliver the DNA records or

samples for cause/s outside his or her control.

SEC. 23. Improper Access to and Use of DNA Samples and Records. Any person
who, without proper authorization, knowingly and willfully obtains DNA samples or
any individually identifiable DNA information indexed or contained in the DNA
database system shall suffer the penalty of six (6) months to six (6) years imprisonment
ora fine not lower than Three Hundred Thousand Pesos (P300,000.00) or both, at the

discretion of the court.

ARTICLE VII
GENERAL PROVISIONS
SEC. 24. Sharing of Data Between the PNP and the NBI. The Philippine National
Police and the National Bureau of Investigation shall establish a system to ensure that
DNA profiles from each of their respective databases are compared regularly and

communicate any relevant information.
SEC. 25. 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.

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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 offence in that
foreign state, communicate a DNA profile contained in the DNA Database to

that foreign law enforcement agency.

SEC. 26. Regulations. The PNP shall work with other relevant Philippine
government agencies and interests to develop regulations as necessary to give full

effect to, or for carrying out, the provisions of this Act.

SEC. 27. Effect on Existing DNA Profiles. Any existing DNA profiles and any
information in relation thereto kept and maintained by the Philippine National Police,
immediately before the coming into operation of this Act shall, on the coming into
operations of this Act, form part of the Philippine Forensic DNA Database established

under this Act in accordance with indices applying.

SEC. 28, Implementing Rules and Regulations. Within one hundred and twenty
(120) days, the necessary rules and regulations for the implementation of this Act shall
be promulgated by the Department of Interior and Local Government.

SEC. 29, Appropriations. The amount necessary for the implementation of this
Act shall be included in the General Appropriations Act of the year following its

enactment into law and thereafter.

SEC. 30. Separability Clause. - Any portion or provision of this Act that is
declared unconstitutional shall not have the effect of nullifying other portions or
provisions hereof as long as such remaining portions can still subsist and be given
effect in their entirety.

SEC. 31. Repealing Clause. - All laws, ordinances, rules, regulations,
other issuances or parts thereof, which are inconsistent with this Act, are hereby

repealed or modified accordingly.

SEC. 32. Effectivity. - This Act shall take effect after fifteen (15) days following

its publication in the official Gazette or in a newspaper of general circulation.

Approved,
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