Republic of the Philippines 
House of Representatives 
Quezon City 
EIGHTEENTH CONGRESS 
Third Regular Session 
House Bill No. _____________ 
Introduced by REPRESENTATIVE ERIC L. OLIVAREZ 
EXPLANATORY NOTE 
This Bill seeks to establish a DNA Database System in the country 
which shall be known as the Philippine DNA Database System. This Bill 
shall include, among others, the indices that shall form the composition, 
storage, and management of the DNA database and prohibited acts with 
regard to its handling. 
A DNA database is a government database of DNA profiles which 
can be used by law enforcement agencies in criminal investigations. 
Creating a DNA database system in the country will give much 
contribution in improving and developing the criminal justice system in our 
country.  
The information that can be derived from each DNA profile can be 
a powerful tool of law enforcement agencies in the fight against crime. 
Science proves that no two people, with the exception of twins, can have 
similar DNA. Thus, identification through DNA analysis is very much highly 
probable. It will help provide important intelligence leads and help 
eliminate innocent suspects at a very early stage of an investigation. It will 
also help in identifying repeat offenders more rapidly which thereby 
protects potential future victims. When used to its full potential, DNA 
evidence will help solve and may even prevent some of the nation’s most 
serious crimes. 
August 24, 2021
2:56 pm
10056


In view of the foregoing, the passage of this Bill is earnestly sought. 
ERIC OLIVAREZ 


Republic of the Philippines 
House of Representatives 
Quezon City 
EIGHTEENTH CONGRESS 
Third Regular Session 
House Bill No. _____________ 
Introduced by REPRESENTATIVE ERIC L. OLIVAREZ 
1 
“AN ACT PROVIDING FOR THE ESTABLISHMENT OF THE 
2 
PHILIPPINE DNA DATABASE SYSTEM” 
3 
Be it enacted in the Senate and the House of Representatives of the Republic of the 
4 
Philippines in Congress assembled: 
5 
SECTION 1. Short Title. – This Act shall be known as the “DNA 
6 
Database Act of 2021. 
7 
SECTION 2. Declaration of Policy. – It is hereby declared the 
8 
policy of the State to endeavor to promote and establish the effective 
9 
administration of justice in the country. Towards this end, the State shall 
10 
create measures in order to provide a comprehensive, adequate and 
11 
timely information on crimes, criminals and the operations of the criminal 
12 
justice system.  
13 
SECTION 3. Definition of Terms – 
14 
a. DNA shall refer to deoxyribonucleic acid, which is the chain of
15 
molecules found in every nucleated cell of the body. The
16 
totality of an individual’s DNA is unique for the individual,
17 
except identical twins;
18 
19 
10056


b. Biological Sample shall refer to any organic material 
1 
originating from a person’s body, even if found in inanimate 
2 
objects, that is susceptible to DNA testing. This includes 
3 
blood, saliva and other body fluids, tissues, hairs, and bones; 
4 
c. Intimate Sample shall refer to any of the following: 
5 
i. 
a sample of blood, semen or any other tissue fluid, urine 
6 
or pubic hair 
7 
ii. 
a dental impression, or 
8 
iii. 
a swab taken from any part of the genitals (including 
9 
pubic hair) or from a person’s body orifice other than the 
10 
mouth 
11 
d. Non-Intimate Sample shall refer to any of the following: 
12 
i. 
a sample of hair (other than pubic hair) taken from a nail 
13 
or under a nail; 
14 
ii. 
a swab taken from any part of the body including the 
15 
mouth but no other bodily orifice;  
16 
iii. 
saliva; 
17 
iv. 
a footprint or similar impression of any part of the body 
18 
except the hand 
19 
 
20 
e. DNA Evidence constitutes the totality of the DNA profiles, 
21 
results, and other genetic information directly generated from 
22 
DNA testing of biological samples; 
23 
f. DNA Profile shall refer to the genetic information derived from 
24 
DNA testing of a biological sample obtained from a person 
25 
which biological sample is clearly identifiable as originating 
26 
from that person; 
27 
SECTION 4. Establishment of Philippine National Forensic DNA 
28 
Database. - A forensic DNA database under the Philippine National Police 
29 
is hereby established. The Philippine National Forensic DNA Database 
30 
shall be composed of several indices which shall be the following: 
31 
a. Crime Scene Index shall contain the DNA profile derived from an 
32 
intimate sample or a non-intimate sample that is found: 
33 


i. 
on anything or at any place where an offense was committed 
1 
ii. 
on or within the body of a victim of an offense; or  
2 
iii. 
on anything worn or carried by the victim or suspect at the time 
3 
when the offense was committed;  
4 
b. Arrested Person Index shall contain forensic DNA profiles derived 
5 
from an intimate or a non-intimate sample taken from arrested 
6 
persons;  
7 
c. Convicted Offenders Index shall contain DNA profiles derived from 
8 
an intimate or a non-intimate sample taken from persons convicted 
9 
of any offense under any written law;  
10 
d. Detainee Index which contains DNA profiles derived from an 
11 
intimate or a nonintimate sample taken from a detainee; 
12 
e. Elimination Person Index shall contain DNA profiles derived from an 
13 
intimate or non-intimate sample taken from persons who had lawful 
14 
access to the crime scene to be used for comparison with evidence 
15 
for elimination purposes;  
16 
f. Law Enforcement Personnel Index shall contain DNA profiles of all 
17 
employees of the government's law enforcement agencies derived 
18 
by means of forensic DNA analysis from a buccal or blood swab;  
19 
g. Military Personnel Index shall contain DNA profiles of all members 
20 
of the Armed Forces of the Philippines (AFP) derived by means of 
21 
forensic DNA analysis from a buccal or blood swab;  
22 
h. Missing Person Index shall contain DNA profiles and any 
23 
information in relation thereto derived from an intimate or a non-
24 
intimate sample taken from: 
25 
i. 
anything worn or carried by a missing person   
26 
ii. 
the next of kin of a missing person if so required  
27 
i. Unidentified Human Remains Index shall contain DNA profiles and 
28 
any information in relation thereto derived from an intimate or a non-
29 
intimate sample taken from the body or parts of the body of an 
30 
unidentified deceased person; 
31 
j. Voluntary Person Index shall contain DNA profiles and any 
32 
information in relation thereto derived from an intimate or a non-
33 


intimate sample taken from a person who volunteers to submit the 
1 
same for the purpose of storage of the DNA information in the DNA 
2 
Databank.  
3 
SECTION 5. Objectives and Purposes of the DNA Database. - 
4 
The objective of the DNA Database is to establish, keep, and maintain a 
5 
comprehensive national DNA database in order to perform comparative 
6 
searches for the following purposes:  
7 
a. assist the State in its fight for crime prevention and crime 
8 
solution;  
9 
b. provide an easier method of identifying persons who might have 
10 
been involved in the commission of an offense;  
11 
c. assist in the administration of justice in proving the innocence or 
12 
guilt of person allegedly involved in the commission of an offense 
13 
and exonerate a person wrongly convicted of an offense; and  
14 
d. assist in the identification of missing persons or unidentified 
15 
human remains.  
16 
SECTION 6. Management of DNA Database. - The PNP Crime 
17 
Laboratory - DNA Laboratory Division shall be the division which shall be 
18 
responsible for the management of the DNA databases.  
19 
In connection with the management of the DNA databases, the Division 
20 
shall also have the following functions for the effective performance of its 
21 
duties: 
22 
a. Be primarily responsible for the general conduct, administration, and 
23 
management of the DNA database;   
24 
b. Establish mechanisms to facilitate the connection, storage, and 
25 
dissemination of data in connection with DNA profiles and any 
26 
information in relation thereto stored in the DNA database; 
27 
c. Ensure that DNA profiles and any information in relation thereto are 
28 
securely stored and remain confidential at all times;  
29 
d. Store and dispose samples taken for the purpose of forensic DNA 
30 
analysis in accordance with the provisions of this Act;  
31 


e. Cooperate with both local and foreign law enforcement agencies in 
1 
accordance with the provisions of this Act;  
2 
f. Carry out any other functions conferred by or under this Act and to 
3 
perform any other functions that are incidental or consequential to 
4 
any of the functions specified in this section or in furtherance of the 
5 
objectives of the Philippine National Forensic DNA Database.  
6 
SECTION. 7. Access and Confidentiality of DNA Profiles and 
7 
Information. - The DNA database and any information contained therein 
8 
shall only be accessed by authorized personnel of the PNP Crime 
9 
Laboratory on the following purposes:  
10 
a. administering the database;  
11 
b. comparing DNA profiles or information in the course of an 
12 
investigation conducted by any law-enforcement agency or during 
13 
judicial and quasi-judicial proceedings; and  
14 
c. making the information available to a person to whom the 
15 
information relates.  
16 
DNA profiles and all results or other information obtained from DNA 
17 
testing shall be confidential subject to the provisions of Republic Act No. 
18 
10173 otherwise known as the "Data Privacy Act of 2012".  
19 
SECTION 8. Biological Sample or Genetic Markers Derived 
20 
from DNA as Evidence. - Expert testimony or evidence relating to the 
21 
use of these biological samples or genetic markers contained in or derived 
22 
from DNA for identification may be used as evidence in any courts or 
23 
proceedings in the country subject to the judicial rules on DNA evidence.  
24 
SECTION 9. Collection of DNA Sample. - Only a certified PNP 
25 
DNA collector shall collect a biological sample from any person who on or 
26 
after the effective date of this Act is: 
27 
a. Convicted of a crime for any offense;  
28 
b. Arrested for and formally charged of the crime before the court for 
29 
an offense;  
30 
c. Legally detained under law;  
31 


d. Required to submit a DNA sample due to a judicial or quasi-judicial 
1 
order because they are a suspect in a crime;  
2 
e. Needed to submit a DNA sample for elimination purposes;  
3 
f. An active member of law enforcement agency;   
4 
g. An active member of the Armed Forces of the Philippines; and 
5 
h. A person who is voluntarily providing a sample to be placed into the 
6 
DNA database. 
7 
SECTION 10. Handling of Collected Biological Sample. - The 
8 
integrity of the collected biological sample shall be maintained at all times 
9 
through a clear, well-documented chain of custody from the time a 
10 
biological sample is collected until its disposal. Such chain of custody 
11 
document shall be retained in the laboratory record to reflect the integrity 
12 
of the sample during its receipt, handling, storage, preparation, retention 
13 
and/or disposal to protect the interest of all parties.  
14 
SECTION 11. Storage and Disposal of Biological Samples. – 
15 
The PNP DNA Laboratory Division shall preserve all biological samples, 
16 
DNA profiles and results or other genetic information obtained from the 
17 
DNA testing. All biological samples collected under Section 9 of this Act 
18 
must be destroyed not later than six (6) months after the DNA profile has 
19 
been generated.  
20 
SECTION 12. Deletion of DNA Profile from the DNA Database 
21 
Indices. – A person whose DNA profile is contained in the voluntary or 
22 
missing person's indices may request that their DNA profile and any 
23 
related information be deleted from the DNA databank at any time.  
24 
Members of law enforcement agencies and the Armed Forces of the 
25 
Philippines may request the same upon retirement or resignation from the 
26 
service.  
27 
The DNA Laboratory official in charge of the database shall, within six 
28 
(6) months from the time of notification of such request, delete the DNA 
29 
profile and any information in relation to the profile.  
30 
SECTION 13. Sample Given Voluntarily. - Any person may 
31 
voluntarily give written consent to a certified DNA collector for the taking 
32 


of his or her intimate or non-intimate sample subject. Before taking of 
1 
intimate or non-intimate sample, the certified DNA collector shall inform 
2 
the person from whom the sample is to be taken:  
3 
a. That the DNA profile and any information in relation thereto derived 
4 
from the intimate sample or non-intimate sample may be stored in 
5 
the National Forensic DNA Database and may be used for the 
6 
purposes of forensic DNA analysis, police inquiry, and for such 
7 
purposes referred to in this act;  
8 
b. That he/she may make a request for an access to his or her 
9 
information; and that he/she may at any time demand the deletion 
10 
of his/her DNA profile in the database.  
11 
SECTION 14. Support from Voluntary Citizens. - To support the 
12 
nationwide national DNA Database, employees of both government and 
13 
private institutions and private citizens are hereby encouraged to submit 
14 
DNA samples. The forensic DNA profiles and any information in relation 
15 
thereto shall be included in the voluntary person index.  
16 
SECTION 15. National DNA Database Scientific Advisory 
17 
Committee. - A National DNA Database Scientific Advisory Committee 
18 
shall be established for purposes of developing DNA testing database 
19 
quality assurance standards for DNA testing and data basing including 
20 
standards for testing the proficiency of forensic laboratories and forensic 
21 
analysts conducting forensic DNA analysis.  
22 
SECTION 16. Committee Members. - The Committee shall be 
23 
composed of nine (9) members with recognized expertise and 
24 
competence to understand, develop, and adopt DNA quality assurance 
25 
standards necessary for the maintenance of the DNA database.  
26 
Committee representatives shall be composed of three (3) 
27 
representatives from the PNP, two (2) representatives from the National 
28 
Bureau of Investigation (NBI), one (1) representative from the Department 
29 
of Science and Technology (DOST), one (1) representative from the 
30 
Department of Health (DOH), and two (2) representatives from other 
31 
government agencies or institutions actively engaged in forensic DNA 
32 
testing.  
33 


The Committee shall be chaired by an official from the PNP being 
1 
the repository of the database.  
2 
SECTION 17. Tampering of DNA Records. - Any person who shall 
3 
knowingly make any false entry or alter any DNA record or profile indexed 
4 
or otherwise contained in the DNA database system, or who shall 
5 
intentionally destroy, mutilate, conceal, remove or otherwise impair the 
6 
verity or availability of DNA records or profile without authority, shall suffer 
7 
the penalty of twelve (12) years and one (1) day imprisonment with 
8 
perpetual absolute disqualification from public office and a fine not less 
9 
than SIX HUNDRED THOUSAND PESOS (Php600,000.00) at the 
10 
discretion of the court.  
11 
SECTION 18. Tampering, Abetting, or Attempting to Tamper 
12 
DNA Samples. - Any person who shall knowingly tamper or cause to be 
13 
tampered any intimate sample or non-intimate sample taken for the 
14 
purposes of this Act or aid the commission of or attempt to tamper any 
15 
intimate or non-intimate sample taken for the purposes of this Act, shall 
16 
suffer the penalty of twelve (12) years and one (1) day imprisonment with 
17 
perpetual absolute disqualification for public office or a fine not less than 
18 
SIX HUNDRED THOUSAND PESOS (Php600,000.00) or both, at the 
19 
discretion of the court.  
20 
SECTION 19. Improper Disclosure of DNA Samples and 
21 
Records. - Any person who, by virtue of employment or official position, 
22 
has possession of, or access to, individually identifiable DNA information 
23 
indexed or otherwise contained in the DNA database system and who 
24 
knowingly and willfully discloses such information in any manner to any 
25 
person or agency not legally entitled to receive it to the prejudice and 
26 
detriment of the public or person from whom the said DNA sample or 
27 
information was taken shall suffer the penalty of eight (8) years and one 
28 
(1) day imprisonment or a fine not lower than FIVE HUNDRED FIFTY 
29 
THOUSAND PESOS (Php500,000.00) or both, at the discretion of the 
30 
court.  
31 
SECTION 20. Refusal to Give Sample. - Any person who 
32 
unjustifiably refuses to give a non-intimate sample or obstructs the taking 
33 
of such sample from when legally ordered by competent authority to do 
34 
so, shall be liable to a fine not exceeding THREE HUNDRED THOUSAND 
35 
PESOS (Php300,000.00) or imprisonment for a term not exceeding six (6) 
36 
years, or both.  
37 


SECTION 21. Cooperation with Other Law Enforcement 
1 
Agency. - The PNP, NBI and other law enforcement agencies shall 
2 
establish a system to ensure coordination and integration of the DNA 
3 
database in their respective agencies.  
4 
SECTION 22. Cooperation with Foreign Law Enforcement 
5 
Agency. -The PNP may, upon request by a foreign law enforcement 
6 
agency, compare a DNA profile received from the foreign law enforcement 
7 
agency with the DNA profiles in the DNA Database in order to determine 
8 
whether such DNA profile is already contained in the DNA database and 
9 
communicate any relevant information to the foreign law agency.  
10 
SECTION 23. Previously Maintained DNA Profiles. -Any existing 
11 
DNA profile and any information in relation thereto kept and maintained 
12 
by the Philippine National Police (PNP) immediately before the effectivity 
13 
of this Act shall form part of the Philippine Forensic DNA Database in 
14 
accordance with this Act.  
15 
SECTION 24. Appropriations. - The amount necessary for the 
16 
effective implementation of the provisions of this Act shall be taken from 
17 
the current year's appropriation of the PNP. Thereafter, such sum as may 
18 
be needed for the continued implementation of this Act shall be included 
19 
in the annual General Appropriations Act.  
20 
SECTION 25. Implementing Rules and Regulations. - Within 
21 
ONE HUNDRED AND TWENTY (120) days, the PNP in consultation with 
22 
government agencies and other law enforcement offices shall formulate 
23 
the necessary rules and regulations for the effective implementation of 
24 
this Act.  
25 
SECTION 26. Separability Clause. – If any provision of this Act is 
26 
declared invalid or unconstitutional, the other provisions not affected 
27 
thereby shall remain valid and subsisting.  
28 
SECTION 27. Repealing Clause. – All acts, executive orders, 
29 
memorandum circulars/guidelines and other issuances or parts thereof, 
30 
which are inconsistent with this Act, are hereby repealed or modified 
31 
accordingly.  
32 


SECTION 28. Effectivity. – This Act shall take effect fifteen (15) 
1 
days after its publication in the Official Gazette or in two (2) newspapers 
2 
of general circulation 
3 
 
APPROVED. 
4