Republic of the Philippines
HOUSE OF REPRESHNTATIVES
Quezon City, Metro Manila
NINETEHNTH CONGRESS
First Regular Session
HouseBillNo.   7708
FiE€.:EibfF;D
LJAIE   2  I    MAR
`=;l;fi;:.-----=jff;,
[} Y _..riL`=.±i
`-.i:,€,=`,,@.,t,I,
INTRODUCED BY REP. JOSE "B0NG" J. TEVES, JR.
EXPLANATORY NOTE
ThefrstgovernmentDNAdatabasewassetupbytheUnitedKingdominApril1995.
Since  then,  its  use  around  the  world  has  significantly  expanded.  National  DNA
databases are now at the core of routine police investigations.
A  DNA  database  can  be  a  complement  to  the  limitations  of  traditional  police
investigative strategies in cases where biological evidence is available.
Ithelpsprovideimportantinteuigenceleadsandeliminatesirmocentsuspectsevenat
the early stage of the investigation.
Thus, police investigations will be more focused and waste of resources because of
prolonged investigation is prevented.
Moreover,  DNA  database  prevents  potential future victims  by identifying repeat
offenders more rapidly.
In addition, it may provide justice to victims of crime and their relatives even after
long time periods, since `cold' cases may be solved many years after the crime has
ocourred.
Accordingtothelnteapol,DNAcanalsobeusedtoidentifyvictimsofdisasters,locate
missing persons, and even pinpoint from where trafficked goods such as ivory or
wood originated.


In view of the foregoing, the immediate approval of this
E ``BQ
TGP Party-List
G" I. TEVES, TR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
House Bill No. 7708
INTRODUCEDBYREP.JOSH"B0NG"J.TEVES,JR.
AN ACT
ESTABLISHINGAFORENSICDNADATABASEINTHEPHILIPPINES,
APPROPRIATINGFUNDSTHEREFORANDFOR0THERPURPOSES
Be  it  enacted by  the  Senate  and  House  Of Representatives  Of the  Philippines  in  Ccmgress
assembled..
SECTION 1.  Short Title. - This Act shah be known as the "Forensic DNA
Database Act" .
SECTION 2. Declaration of Policy. - It is hereby declared the policy of the
Statetoestablishandmaintainafair,responsible,ethicalandefficientcriminaljustice
system.TheStatelikewisereatfirmsthegoalsoftheUritedNatiousinthefieldof
crime prevention and criminal justice, specifically, more efficient and effective law
enforcementandadministrationofjustice,respectforhumanrightsandfundamental
freedoms,  and the promotion of the highest standards of fairness, humanity, and
professionalconduct.


SECTION 3. Definitions. - As used in this Act:
aL.   Biological   sample   Or   DNA   sample   refers  to   aLny   OrgaLwic  "aLterial
originating from a person's body including those found in inanimate
objects, that is susceptible to DNA testing;
b.   Bwcc#/ sz{;¢b refers  to  a sample of cellular material taken from  the
inside of a person's mouth;
c.    Ccrfzfcd DNA CoZJccfor refers to a pohice officer or a person who has
successfully completed the training prescribed by the PNP Foreusics
Group, in respect of the taking of buccal sample;
d.   Cri.mc  scc7te  s#mpJc  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;
e.   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;
f.    DNA cut.de7tce refers to constitute the totality of the DNA profiles,
results and other genetic information directly generated from DNA
testing of biological samples;
9.   DNA pro¢Zc 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  ai process where  aL rri±oute
sample of genetic DNA material is taken from a human tissue and is
given a computerized numeric value;
i.    Forcz.gr! Jmu7 c7t/orce77tc7tf ngc7tey refers to the law enforcement agency
of   foreign   state   and   includes   any   recognized   international
organization;
j.     Fore7tsz.c  DNA  ¢77ftlysz.s  refers  to  analysis  of the  DNA  from  a  body
sample or crime scene sample to determine forensic DNA profile;


k.   Fo7ic7isi.c DNA pro¢Je refers to the result obtained from forensic DNA
analysisonbodysampleorcrimescene,providingauniquestringof
alpha numeric characters to provide identity reference;
I.    J7if£#tfl[g sfl777pze 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 (fi)
swab taken from any part of a person's genitals  (including pubic
hair) or from a person's body orifices other than mouth;
in.  NOH-I.7tfi.mflte s¢mpzc 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;
r\.   Philippine  National  Forensic  DNA  Database  refers  to  thee  courfuy's
central repository of DNA profiles established under this Act.
SECTION 4. Establishment of Philippine National Forensic DNA Database.
- a forensic DNA database under the Philippine National Police (PNP), to be known
as the Phihippine National Forensic DNA Database shall be established. The database
shall consist of the fouowing indices:
a.   Crime  scene  index  shall  contain  DNA  proffle  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
victin or suspect at the time when the offense was committed;
b.   Arrested person index sham 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 aL detainee


e.   Elimination person index sham 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 proffles of all
employees  of  government's  law  agencies,  derived  by  means  of
forensic
9.   Military persormel index shall contain DNA profiles of all members
of the lined 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 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
j.    Voluntary   person  index   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;


c.   To prove the irmocence or guilty of 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 Forensic Group (FG)
- DNA I.aboratory 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 function under this Act, including the following:
a.   To be primary 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 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 the Act; and
f.   To cany 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 Phihppine National Forensic DNA Database.
SECTION 7. Access and Confidentiality of DNA Profiles and Information. -
The DNA database and any information contained therein sham only be accessed by
authorizedpersonnelofthePNPFGDNAhaboratoryonthefollowingpuapses:
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
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 Republic Act No. 10173 otherwise known as the
``Data Privacy Act of 2012".
SECTION 8. Biological Sample or Genetic Markers Derived from DNA as
Evidence.-Experttestimonyorevidencerelatingtotheuseofthesebiologicalsample
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.
SECTION  9.  Collection  of  DNA  Sample.  -  Only  a  certified  PNP  DNA
Collector  shall  couect  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;
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 ehimination purposes;
f.    An active member of law enforcement agency;
9.   An active member of the Armed Forces of the Philippines; and
h.   A person who is voluntary providing a sample to be placed into the
DNA database.


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.Suchchainofcustodydocumentshallberetainedinthelaboratoryrecordto
reflect the integrity of the sample during its receipt, handfing, storage, preparation,
retention and/ or disposal to protect the interest of an parties.
SECTION  11.  Storage  and  Disposal  of Biological  Samples.  -  PNP DNA
Laboratory Division sham 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
proffle has been generated.
SECTION 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
service.TheDNAhaboratoryofficialinchargeofthedatabaseshall,withinsixmonths
from  the  time  of  notification  of  such  request,  delete  the  DNA  profile  and  any
information in relation to the profile.
SECTION 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  purposes  of
forensic  DNA  analysis,  ponce 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 demand the deletion of
his or her DNA profile in the database.
SECTION 14. Support from Voluntary Citizens. - To support the nationwide
NationalDNADatabase,employeesofbothgovernmentandprivateiustitutiousand
private citizens are hereby encouraged to submit DNA samples. The forensic DNA
profiles and any information in relation thereto sham be included in the voluntary
person index.
SECTION 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.
SECTION 16. 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  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 POST), 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 sham be chaired by an official from the PNP being the repository of the
database.


SECTION  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 (PIIP 600,000.00) at the discretion
of the court.
SECTION 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 purposes of this Act or aids the
commission of or attempts to tamper any intimate or non-intimate sample taken for
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 (PIIP 600,000.00) or both at the discretion of
the court.
SECTION 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 the prejudice
and was  detriment of the public of 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 (PIE
550,000.00) or both, at the discretion of the court.
SECTION 20. Refusal to Give Sample. I Any person who unjustly refuses to
giveanon-intimatesampleorobstructsthetakingofsuchsamplefrom,whenlegauy
ordered by competent authority to do so, shall be liable to a fine not exceeding Three


HundredThousandPesosa?lIP300,000.00)orimprisonmentforatermnotexceeding
six (6) years or both.
SECTION 21. Cooperation with Other LaLw Enforcement Agency. - The PNP,
NBI,   and   other   laLw   enforcement  agency   shall   establish   a   system   to   ensure
coordination and integraLtion of the DNA database in their respective agencies.
SECTION 22. Cooperation with Foreign Law Enforcement Agency. -
a.   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 DNA database in
order to determine whether such DNA profile is already contained
in the DNA database and communicated any relevant information to
the 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, communication a DNA profile
contained  in the  DNA Database  to  that foreign law enforcement
agency.
c.   The PNP may, upon request by a foreign law enforcement agency in
the course of an investigation of a missing person in that foreign
state, communicate a DNA proffle contained in the DNA Database
to  that  foreign  law  enforcement agency.  Family  members  of the
missing   person   may   provide   DNA   sample   as   reference   for
comparison if no reference sample from the missing is available.
d.  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,  or  an  international
organization.


SECTION 23. Transitional. - Any existing DNA profile and any information
inrelationtheretokeptandmaintainedbythePNP,immediatelybeforetheeffectivity
of this Act shall form part of the Philippine Forensic DNA Database in accordance
with this Act.
SECTION  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.
SECTION 25. Implementing Rules and Regulations. - Within one hundred
and twenty (120) days, the PNP in consultation with government agencies other law
enforcementofficeshallformulatethenecessaryrulesandregulatiousfortheeffective
implementation of this Act.
SECTION 26. Separability Clause. - If any portion or provision of this Act is
declared uncoustitutional, the remainder of this Act or any provisions not affected
thereby shall remain in force and effect.
SECTION  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.
SECTION28.Effectivity.-ThisActshalltakeeffectfifteen(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,