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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
Third Regular Session 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The value of properly preserved biological evidence has been enhanced by the discovery 
of modem DNA testing methods, which, coupled with a comprehensive system of DNA 
databases that store crime scene and offender profiles, allow law enforcement to improve its 
crime-solving potential. 
The Innocence Project, established in 1992 at the Benjamin N. Cardozo School of Law of 
the Yeshiva University in New York City and dedicated to exonerating the innocent through 
post-conviction DNA testing has helped in the exoneration of more than 215 people in the 
United States. The Innocence Project's groundbreaking use of DNA technology to free innocent 
people has provided irrefutable proof that wrongful convictions are not isolated or rare events but 
instead arise from systemic defects. 
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Tapping the potential of preserved biological evidence requires the proper identification, 
collection, preservation, storage, cataloguing and organization of such evidence. Simple 
but 
crucial enhancements to protocols for properly preserving biological evidence can solve old 
crimes, enhance public safety and settle claims of innocence. 
Innocent people mistakenly convicted of the serious crimes for which biological evidence 
is probative cannot prove their innocence if such evidence is not accessible for testing in 
appropriate circumstances. 
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FOURTEENTH CONGRESS OF THE REPUBLIC) 
Third Regular Session 
OF THE PHILIPPINES 
Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
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OF BIOLOGICAL EVIDENCE 
TO IMPROVE THE PRESERVATION AND ACCESSIBILITY 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Short Title. - This Act shall be known as the “Evidence Preservation Act.” 
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SECTION 2. Declaration ofPolicy. - It is the policy of the State to convict the guilty 
and protect the innocent. Towards this end, enhancements to protocols for properly preserving 
biological evidence can solve old crimes, enhance public safety and settle claims of innocence. 
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SECTION 3. Definitions. - For purposes of this Act, the term: 
A. “Biological evidence” means the contents of a sexual assault examination kit; and any 
item that contains blood, semen, hair, saliva, skin tissue, fingernail scrapings, bone, bodily fluids 
or other identifiable biological material that was collected as part of the criminal investigation or 
may reasonably be used to incriminate or exculpate any person for the offense. This definition 
applies whether that material is catalogued separately (e.g., on a slide, swab or in a test tube) or 
is present on other evidence (including, but not limited to, clothing, ligatures, bedding or other 
household material, drinking cups, cigarettes, etc.); 
B. “DNA” means deoxyribonucleic acid; 
C. “Custody” means persons currently incarcerated; civilly committed; on parole or 
probation; or subject to sex offender registration; 
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D. “Profile” means a unique identifier of an individual, derived from DNA; and 
E. “State” refers to any governmental or public entity within (including all private entities 
that perform such functions) and its officials or employees, including but not limited to law 
enforcement agencies, prosecutors’ offices, courts, public hospitals, crime laboratories, and any 
other entity or individual charged with the collection, storage and/or retrieval of biological 
evidence. 
F. “Secretary” Secretary means the Secretary of the Department of Justice 
SECTION 4. Preservation of Evidence Procedures.- 
A. 
The State shall preserve all biological evidence: 
1. That is secured in relation to an investigation or prosecution of a crime for the 
period of time that the crime remains unsolved; or 
2. That is secured in relation to an investigation or prosecution of a crime for the 
period of time that Lhe person convicted of that crime remains in custody; and 
3. That is in the custody of a law enforcement agency of the State on the effective 
date of this Act. 
This Act applies to evidence that: 
1. Was in the possession of the State during the investigation and prosecution of 
the case; and 
2. At the time of conviction was likely to contain biological material. 
C. 
The State shall not destroy biological evidence should (an) additional co- 
defendant(s), convicted of the same crime, remain in custody and shall preserve said 
evidence for the period of time in which all co-defendants remain in custody. 
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DNA profile from the biological material contained in or included on the evidence. 
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biological evidence that has been preserved in connection with his criminal case. 
B. 
The State shall retain evidence in the amount and manner sufficient to develop a 
Upon written request by the defendant, the State shall prepare an inventory of 
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F. 
The State may destroy evidence that includes biological material before the 
expiration of the time period specified in subsection (A) of this section if all of the 
following apply: 
1. No other provision of law requires the State to preserve the evidence. 
2. The State sends certified delivery of notice of intent to destroy the evidence to: 
a. All persons who remain in custody as a result of the criminal 
conviction, delinquency adjudication, or commitment related to evidence 
in question; 
b. The attorney of record for each person in custody; 
c. The Department Of Justice 
3. No person who is notified under Section 4(F)(2) of this Act does either of the 
following within 180 days after the date on which the person received the notice: 
a. Files a motion for testing of evidence; or 
b. Submits a written request for retention of evidence to the State entity 
which provided notice of its intent to destroy evidence under Section 
4(F)(2) of this Act. 
G. 
If, after providing notice under Section (4)(F)(2) 
of this Act of its intent to destroy 
evidence, the State receives a written request for retention of the evidence, the State shall 
retain the evidence while the person remains in custody. 
H. 
The State shall not be required to preserve physical evidence that is of such a size, 
bulk, or physical character as to.render retention impracticable. When such retention is 
impracticable, the State shall remove and preserve portions of the material evidence 
likely to contain biological evidence related to the offense, in a quantity sufficient to 
permit future DNA testing before returning or disposing of said physical evidence. 
I. 
Should the State be called upon to produce biological evidence that could not be 
located and whose preservation was required under the provisions of this statute, the chief 
evidence custodian assigned to the entity charged with the preservation of said evidence 
shall provide an affidavit in which he stipulates, under penalty of perjury, that describes 
the efforts taken to locate that evidence and that the evidence could not be located. 
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SECTION 5. Remedies for noncompliance.- 
If the court finds that biological evidence was destroyed in violation of the provisions of 
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this statute, it shall impose appropriate sanctions and order appropriate remedies. 
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Preservation of Biological Evidence.- 
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SECTION 6. Creation of a Task to Recommend Procedures and Practices to Improve the 
A task force is convened by the Secretary of the Department of Justice and is composed 
of eleven (1 1) members: 
A. The Secretary of the DOJ; 
B. A member of Philippine Judicial Academy 
C. A dean of a law school; 
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D. A representative of the Philippine National Police; 
E. A representative of Office of the Prosecutor 
F. A representative of the Public Attorney’s Office; 
G. A member of the Committee on Justice and Human Rights of the Senate; 
H. A member of the Committee on Justice of the House of Representatives; 
I. A member of the National Bureau of Investigation; 
J. An expert in forensic science; 
K. A representative of a victims rights organization. 
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SECTION 7. Duties of the Task Force.- 
The Task Force for the Preservation of Biological Evidence shall: 
A. Establish standards regarding proper identification, collection, preservation, storage, 
cataloguing and organization of biological evidence. 
B. Recommend essential components of training programs for law enforcement officers 
and other relevant employees that are charged with preserving and retrieving biological 
evidence regarding the methods and procedures referenced in this Act. 
C. Issue recommendations regarding the creation of a centralized tracking system through 
which laboratories, facilities and other related entities may locate biological evidence 
connected to felony cases, which include: 
1. Protocol for the retrieval of biological evidence for cases that have already 
resulted in felony convictions; and. 
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2. Protocol for the retrieval of biological evidence for unsolved felony cases; and 
3. Recommend practices, protocols, models and resources for the cataloguing and 
accessibility of preserved biological evidence already in the possession of local, 
county, and state entities that preserve such evidence. 
D. The task force shall establish the implementing rules and regulations of this Act. 
SECTION 8. Standards and Training of Evidence Custodians. - 
In consultation with the Task Force, the Dept. of Justice shall administer and conduct 
training programs for law enforcement 'officers and other relevant employees that are charged 
with preserving and cataloguing biological evidence regarding the methods and procedures 
referenced in this Act. 
SECTION 9. Appropriation. - To carry out the provisions of this Act, such amount as 
may be necessary is hereby authorized to be appropriated from the National Treasury. 
Thereafter, the amount necessary for the continuous operation of the Task Force shall be 
included in the annual appropriation of the DOJ. 
SECTION 10. Separability Clause. - If any provision or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 11. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or is inconsistent 
with the provision of this Act is hereby repealed, modified, or amended accordingly. 
SECTION 12. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
ISCS 
Approved, 
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