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Republic of the Philippines RECEIVED 2)

HOUSE OF REPRESENTATIVES pare 0 UL 205 Sy

Quezon City TIME R00 AA gt
TWENTIETH CONGRESS

First Regular Session

House Bil No, 2717

Introduced by Rep. ANGELO MARCOS BARBA
2" District, Ilocos Norte

EXPLANATORY NOTE

Advancements in forensic science have dramatically transformed law
enforcement's ability to resolve criminal cases, exonerate the innocent, and
identify missing persons and unidentified human remains.

Among the most powerful tools in forensic science is DNA analysis. A
centralized forensic DNA database has the potential to enhance the criminal
justice system's effectiveness, making it more equitable and efficient.

The proposed "Forensic DNA Database Act” seeks to establish a
comprehensive national DNA database managed by the Philippine National
Police (PNP). This database will serve multiple critical functions: assisting in
crime prevention and resolution, verifying the guilt or innocence of
individuals, exonerating the wrongfully convicted, and aiding in the
identification of missing persons.

By enabling the accurate identification of individuals involved in crimes,
the DNA database will support the judicial process by providing conclusive
evidence of involvement—or lack thereof—in criminal activities.

This legislation also facilitates collaboration with international law
enforcement agencies to compare and share DNA profiles for crime
investigations and the identification of missing persons. Furthermore, it
includes provisions for penalties related to tampering with DNA records,
improper disclosure of DNA information, and refusal to provide a DNA
sample.

By leveraging advanced forensic DNA technology, we can enhance public
safety, ensure the reliability of criminal investigations, and uphold the fairness
of our justice system.

In light of the foregoing, the immediate passage of this bill is earnestly
sought.

ANGE! BARBA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

‘TWENTIETH CONGRESS
First Regular Session

House Bill No. Wi

Introduced by Rep. ANGELO MARCOS BARBA
2™ District, [locos Norte

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

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

SECTION 1. Short Title. — This Act shall be known as the "Forensic
DNA Database Act.”

SECTION 2. Declaration of State 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.

SECTION 3. Definition of Terms. — - As used in this Act:

a. Biological sample or DNA sample refers to any organic material
originating from a person's body including those found in inanimate
objects, that is susceptible to DNA testing;

b. Buccal swab refers to a sample of cellular material taken from the
inside of a person's mouth;

¢. Certified DNA Collector refers to a police officer or a person who has
successfully completed the training prescribed by the PNP Forensic
Group, in respect of the taking of buccal sample; d


|. Crime scene sample 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;

. 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;

. DNA evidence refers to constitutes the totality of the DNA profiles,
results and other genetic information directly generated from DNA
testing of biological samples;

. DNA profile 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;

. DNA profiling or DNA typing refers to a process where a minute
sample of genetic DNA material Is taken from a human tissue and is
given a computerized numeric value;

Foreign law enforcement agency refers to the law enforcement agency
of foreign state and includes any recognized international
organization;

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

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

Intimate sample 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 (2)
swab taken from any part of a person's genitals (including pubic hair)
or from a person's body orifices other the mouth;

. Non-intimate sample 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; and

. Philippine National Forensic DNA Database refers to the country's
central repository of DNA profiles established under this Act. J


SECTION 4. Establishment of Philippine National Forensic
DNA Database. ~ A forensic DNA database under the Philippine National
Police (PNP), 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 shall contain DNA profile 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 victim or
suspect at the time when the offense was committed;

b. Arrested Person Index shall 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 wi shall contain DNA profiles derived from an
intimate or a non-intimate sample taken from a detainee;

e. Elimination Person Index 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 shall contain DNA profiles of all
employees of government's law agencies, derived by means of
forensics;

8. Military Personnel Index 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 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 requir

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; and

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 asa 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 innocence or guilt of person allegedly involved in the
commission of an offense;
4. to exonerate a person wrongly convicted of an offense; or

. to assist in the identification of missing persons or unidentified human

remains.

SECTION 6. Management of DNA Database. - The PNP Forensic
Group (FG) - DNA Laboratory 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;

¢. 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 this Act; and

f. to carry 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 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 FG 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 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. - 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 judicial rules on DNA evidence.

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 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 elimination purposes;
f. _anactive member of law enforcement agency;
B _anactive member of the Armed Forces of the Philippines; and

h. a person who is voluntarily 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. 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. Storage and Disposal of Biological Samples. - PNP
DNA Laboratory Division shall 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 profile 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 the service. The DNA.
Laboratory official in charge of the database shall, within six months 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:

Before taking of intimate or non-intimate sample, the certified DNA
collector shall Inform the person from whom the sample is to be taken:


a. 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 the
purposes of forensic DNA analysis, police inquiry, and for such
purposes referred to in this act;

b. that he/she may make a request for an access to his or her
information; and

c. that he/she may at any time demand the deletion of his/her DNA
profile in the database.

SECTION 14. Support from Voluntary Citizens. - To support the
nationwide National DNA Database, employees of both government and
private institutions and private citizens are hereby encouraged to submit DNA
samples. The forensic DNA profiles and any information in relation thereto
shall 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 (DOST), 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 shall 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 (Php600,000.00) 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 the
purposes of this Act or aids the commission of or attempts to tamper any
intimate or non-intimate sample taken for the 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 (Php600,000.00) 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 to the prejudice and detriment of the public or
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 (Php500,000.00) or both, at the
discretion of the court.

SECTION 20. Refusal to Give Sample. - Any person who unjustly
refuses to give a nonintimate sample or obstructs the taking of such sample
from, when legally ordered by competent authority to do so, shall be liable to a
fine not exceeding three hundred thousand pesos (Php 300,000.00) or
imprisonment for a term not exceeding six (6) years or both.

SECTION 21. Cooperation with Other Law Enforcement
Agency. - The PNP, NBI and other law enforcement agency shall establish a
system to ensure coordination and integration of the DNA database in their
respective agencies.

SECTION 22. 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 a 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. 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 profile 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 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 23. Transitional. - Any existing DNA profile and any
information in relation thereto kept and maintained by the Philippine
National Police, immediately before the effectivity 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 and other law enforcement offices, shall formulate the necessary
rules and regulations for the effective implementation of this Act.

SECTION 26. Separability Clause. — If, for any reason, any provision
of this Act is declared unconstitutional or invalid, other provisions hereof
which are not affected thereby shall continue to be in full force and effect.

SECTION 27. Repealing Clause. - Any law, presidential decree or
issuance, executive order, letter of instruction, administrative order, rule, or
regulation contrary to or inconsistent with the provisions of this Act is hereby
repealed, modified, or amended accordingly. F


SECTION 28. Effectivity Clause. — This Act shall take effect fifteen
(a5) days after its publication in the Official Gazette or in at least two (2)
newspapers of general circulation. Pi

Approved,