%
RECEIVED 7

Republic of the Philippines
DATE,

HOUSE OF REPRESENTATIVES |{
Quezon City, Metro Manila

Nineteenth Congress
First Regular Session

HOUSE BILLNO._540

Introduced by Honorable Dan S. Fernandez

EXPLANATORY
NOTE

The experience in advanced Western countries is that DNA (deoxyribonucleic acid) can be
used as an accurate test to identify criminals when biological specimen exists. At the same
time, DNA can help to prove a person's innocence. DNA technology therefore is a vital tool
in the proper administration of our criminal justice system, and an important instrument to
prevent a miscarriage of justice. With obsolescence in police investigative methodology, we
occasionally run the risk of verdicts “acquitting the raven but condemning the dove’, so to
speak (dat veniam corvis, vexat, censura columbas),

With the advancements in DNA technology, itis vital that the Philippines has its own forensic
DNA database. With this database, criminal investigations will have another tool at its
disposal to ensure accuracy and credibility.

In view of the foregoing, the early approval of this measure is earnestly requested.

ay

DAN S. FERNANDEZ
Lone District, Santa Rosa City



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

Nineteenth Congress
First Regular Session

HOUSE BILL No._940

Introduced by Honorable Dan S. Fernandez

AN ACT
ESTABLISHING A FORENSIC DNA DATABASE IN THE PHILIPPINES

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

ARTICLE |
PRELIMINARY

SECTION 4. Short Title. This Act shall be known as the "Forensic DNA Database Act’.

SECTION 2. Declaration of Policy. |t 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 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.

SECTION 3. Definitions. For purposes of this Act, the following terms shall mean
a
a. Biological sample or DNA sample- any organic material originating from a person's
body, even if found in inanimate objects, that is susceptible to DNA testing;

b. Buccal swab - 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, in respect of the
taking of buccal sample;

d. 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;

DNA - means 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 - constitutes the totality of the DNA profiles, results and other genetic
information directly generated from DNA testing of biological samples;

DNA profile - 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 - 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. 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 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;

Foreign law enforcement agency - the law enforcement agency of foreign state
and includes an international organization established by the government of states
or an international organization;

Forensic DNA analysis - analysis of the DNA from a body sample or crime scene
sample to determine forensic DNA profile;

Forensic DNA profiles - the result obtained from forensic DNA analysis on body
sample of crime scene, providing a unique string of alpha numeric characters to
provide identity reference

Law Enforcement Personnel - any employee or personnel law enforcement
agencies;

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
ji. 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

Non-intimate sample-
i. A sample of hair other than the pubic hair
ji, 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 apart from which
a swab taken would be an intimate sample; or
iv. Saliva.

Offense - any act or omission punishable by law;

Philippine National Forensic DNA Database - is the country's central repository
of DNA profiles created under this Act.

Street Children - Homeless children/minors who live and spend significant amount of time
on the streets, parks, premises of malls, and other public areas of a city, municipality or any


‘open space as their shelter who are under the custody of Department Social Welfare and
Development and their field office.

ARTICLE II
FORENSIC DNA DATABASE

SECTION 4. Establishment of Philippine National Forensic DNA Database. A
forensic DNA database through the Philippine National Police, 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 DNA profile derived from an intimate sample
or anon-intimate sample that is found-

i. on anything or at any place where an offense was committed:

ii. on or within the body of a victim of an offense; or

iii, 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 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 DNA profiles derived from an intimate or a
non- intimate sample taken from a detainee;

. 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;

f. 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 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 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 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 serve as a tool for crime prevention and crime solution;

b. to identify person who might have been involved in the commission of an offense;

©. to prove the innocence or guilt of person allegedly involved in the commission of

an offense;
4d. toexonerate a person wrongly convicted of an offense: or
e. to assist in the identification of missing persons or unidentified human remains.

ARTICLE Il
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 Il of this Act, and shall have all such
powers as may be necessary for, in connection with, or incidental to the performance of its
function under this Act, including the following:
a. To be 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 DNA profiles and any information in relation thereto are securely
stored and remain confidential;

d. To store and dispose sampies 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; and

f. To carry out any other functions conferred by or under this Act and to perform any
other functions that are supplemental, 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 and/or during the judicial and quasi-judicial
proceedings; and

c. 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 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 existing Rules on DNA Evidence.


ARTICLE IV
TAKING, STORING, 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 of the crime before the court for

an offense;

c. Is legally detained under law;
Is required to submit a DNA sample due to a judicial or quasi-judicial
order because they are a suspect in a crime;
ls needed to submit a DNA sample for elimination purposes;
Is a street child or a beggar,
Is an active member of law enforcement agency;
Is an active member of the Armed Forces of the Philippines; and
Is @ person who is voluntarily providing a sample to be placed into the
DNA database.

rse>9

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 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.

SECTION 11. Refusal to give sample - If a person 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 offence and shall, on conviction, be liable to a fine not exceeding three hundred thousand
pesos (Php300,000.00) 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. All biological sampies collected under Section 9 must be
destroyed not later than six months after the 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, Subsections g and h may request that their DNA profile, and any related
information, be deleted from the DNA databank at any time. Member/s 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 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 sampies. Their forensic DNA profiles and any information in relation thereto
shall be included in the voluntary person index.

SECTION 15. Sample Given Voluntarily. 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
a. Where a written consent is given, a certified DNA collector, before the taking of the
intimate or non-intimate sample, inform 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 an access to his or her information; and
iii, that he or she may at any time withdraw his consent

SECTION 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

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 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 from the NBI, one from the DOST, one from the DOH and two from other 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.

SECTION 19. 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 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

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, 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 twelve (12) years and one (1) day imprisonment and a fine not less than Six Hundred
Thousand Pesos (Php600,000 00) at the discretion of the court.

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

SECTION 21. 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 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 twelve (12) years and one (1) day
imprisonment or a fine not less than Six Hundred Thousand Pesos (Php600,000.00) or both,
at the discretion of the court

A person convicted tampering, abetting, or attempting to tamper DNA samples 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 Fifty Thousand Pesos (Php500,000.00) 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 penaity of six (6) years and one (1) day imprisonment or a fine not lower that Four
Hundred Thousand Pesos (Php400,000.00) 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/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 (Php300,000.00) or both, at the discretion of the
court.

ARTICLE VII
GENERAL PROVISIONS

SECTION 25. Sharing of Data Between the PNP and the NB/. 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

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.

b. The PNP may, upon request by 2 foreign law enforcement agency in the course of
an investigation of an offence 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.

c. 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 that Philippines is an official member, or
an international organization

‘SECTION 27. 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.

SECTION 28. Savings and Transitional. Any existing DNA profile 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


SECTION 29. Implementing Rules and Regulations. Within one hundred and twenty
(120) days, the necessary rules and regulations for the implementation of this Act shall be
promuigated by the Department of Interior and Local Government.

SECTION 30. 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

SECTION 31. Separability Clause. If any provision of this Act or an application thereof to
any person or circumstance is held to be invalid, the other provisions of this Act, and the
application of such provision to other persons or circumstances, shall not be affected
thereby.

SECTION 32. 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

SECTION 33. 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,