Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
‘Second Regular Session

House BillNo._' 72.15

Introduced by Representative ROBERT ACE S. BARBERS, 2” District, Surigao del Norte

AN ACT PROVIDING FOR THE ESTABLISHMENT OF THE PHILIPPINE DNA
DATABASE SYSTEM

This bill seeks to institutionalize a national forensic DNA database to be known as the
Philippine DNA Database System.

The most important function of a DNA database is to produce matches between the
suspected individual and crime scene bio-makers. It provides evidence to support criminal
investigations which can lead to the identity of potential suspect/s in criminal investigations.
Forensic DNA can also assist in the identification of missing persons or unidentified human
remains in times of accidents and calamities. In the Philippines, DNA technology is largely
used to establish paternity and other family relationships.

The Philippine DNA Database System (PDDAS) shall be the central repository of DNA
profiles in the Philippines. It shall contain the forensic DNA profiles of persons categorized
under the following indices: crime scene index, suspected persons index, convicted
offenders index, detainee index, drug dependents index, missing person index, voluntary
persons index, uniformed personnel index, and government employees index. An inter-
agency organization to be called the Philippine DNA Database Office, shall be responsible
for the general conduct, administration, management, and all other functions relative to the
furtherance of the objectives of the Philippine DNA Database System. It shall be composed
of personnel from the Philippine National Police, National Bureau of Investigation, Philippine
Drug Enforcement Agency and Armed Forces of the Philippines.

The Philippine DNA Database System and any information contained thereof shall only be
accessed by the Philippine DNA Database Office. Any other law enforcement agencies who
may wish to access information in the Philippine DNA Database Systgrfi Spall get prior
clearance from the PDDO. Records collected and maintained fyf the) purpose of

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

House Bill No. 7215

Introduced by Representative ROBERT ACE S. BARBERS, 2™ District, Surigao del
Norte

AN ACT PROVIDING FOR THE ESTABLISHMENT OF THE PHILIPPINE DNA
DATABASE SYSTEM

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

ARTICLE |
PRELIMINARY

SECTION 1. Short Title. This Act shall be known as the "Philippine DNA Database
System Act of 2018."

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. Buccal swab a sample of cellular material taken from the inside of a person’s
mouth;

b. Certified DNA Collector — For purposes of this Act, any law enforcement
personnel who has successfully completed the training as certified by his/her
agency with respect to DNA collection;

c. 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

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physical evidence collected from the body of a person;
. Detainee a person arrested and detained under existing laws;

Deoxyribonucleic acid or DNA - a biochemical molecule found in the cells
and makes each species unique;

. DNA profile - genetic information derived from a forensic DNA analysis;

|. DNA sample - any biological specimen or sample of an individual which may
either be intimate or non-intimate samples, on which a DNA analysis can be
carried out;

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 in the form of a "bar code;

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 or crime scene, providing a unique string of alpha numeric
characters to provide identity reference;

Intimate sample -

1) A sample of blood, semen or any other tissue or fluid taken from a
person's body, urine or pubic hair; or

2) Asswab 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-
1) A-sample of hair other than the pubic hair;

2) Asample taken from a nail or from under a nail;

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3) 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

4) Saliva.
p. Offense - any act or omission punishable by law;

q. Philippine DNA Database System (PDDO) - is the country's central
repository of DNA profiles created under this Act;

t. Philippine DNA Database Office (PDDO) — an inter-agency organization
composed of personnel from the Philippine National Police, National Bureau
of Investigation, Philippine Drug Enforcement Agency and Armed Forces of
the Philippines;

s. Uniformed personnel — any members of the AFP, BUMP, BFP, PNP, PCG,
and other law enforcement agencies.

ARTICLE I
PHILIPPINE DNA DATABASE SYSTEM

SECTION 4. Establishment of the Philippine DNA Database System. There shall
be an established forensic DNA database, to be known as the Philippine DNA
Database System (PDDAS). The database shall consist of the following indices:

a. Crime scene index which shall contain forensic DNA profile and any
information in relation thereto derived from an intimate sample or a non-
intimate sample that is found—

1) onanything or at any place where an offense was committed;

2) on or within the body of a victim of an offense; or

3) on anything worn or carried by the victim or within the body of any
person reasonably suspected at the time when the offense was
committed.

b. Suspected persons index which shall contain forensic DNA profiles derived
from an intimate or a non-intimate sample taken from persons reasonably
suspected of having committed an offense and includes suspects who have
not been charged in any court for any offense;

c. Convicted offenders index which shall contain forensic 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 forensic DNA profiles derived from an

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intimate or a non-intimate sample taken from a detainee;

Drug dependents index which shall contain forensic DNA profiles derived
from an intimate or a non-intimate sample taken from a drug dependent;

Missing persons index which shall contain forensic DNA profiles and any
information in relation thereto derived from an intimate or a non-intimate
sample taken from—

1) the body or parts of the body of an unidentified deceased person;

2) anything worn or carried by a missing person; or

3) the next of kin of a missing person if so required; and

. Voluntary persons index which shall contain forensic 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.

Uniformed personnel index which shall contain forensic DNA profiles of all
government uniformed personnel, derived by means of forensic DNA
analysis, from a buccal or blood swab.

Government employees index which shall contain forensic DNA profiles of
all government personnel, derived by means of forensic DNA analysis, from
a buccal or blood swab.

SECTION 5. Objectives of the Philippine DNA Database System. The objective
of the Philippine DNA Database System is to establish, keep and maintain a
comprehensive National DNA database in order to perform comparative searches for
the following purposes:

b.

to serve as a tool for crime prevention and crime solution;

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;

to exonerate a person wrongly convicted of an offense;

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

remains; or

to establish paternity and family relations and genealogy

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ARTICLE Ill
MANAGEMENT AND ACCESS TO INFORMATION OF THE PHILIPPINE DNA
DATABASE SYSTEM

SECTION 6. The Philippine DNA Database Office. There shall be an established
Philippine DNA Database Office (PDDO) which shall manage the Philippine DNA
Database System (PDDAS) as specified in Article II of this Act. The Philippine DNA
Database Office 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 PDDAS;

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 PDDAS;

c. To ensure that DNA profiles and any information in relation thereto are
securely stored and remain confidential;

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 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 PDDAS.

SECTION 7. Composition of the Philippine DNA Database Office. The Philippine
DNA Database Office shall be composed of three (3) organic personnel from each
agency: Philippine National Police, National Bureau of Investigation, Philippine Drug
Enforcement Agency and the Armed Forces of the Philippines, who shall perform the
functions stipulated under Section 6 of this Act.

SECTION 8. Access to DNA profiles and information. The PDDAS and any
information contained therein shall only be accessed by the Philippine DNA
Database Office. They shall only access the same for purposes of administering the
database and comparing DNA profiles or information in the course of an
investigation conducted by any law enforcement agency. Any other law enforcement
agencies who may wish to access information in the Philippine DNA Database
System shall get prior clearance from the PDDO.

SECTION 9. 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 shall

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be admissible and accepted as evidence in all cases arising in all courts or
proceedings in the country. Provided, however, that the trial courts or other quasi-
judicial bodies shall be satisfied that the expert testimony or evidence meets the
criteria for admissibility under the existing rules on evidence.

ARTICLE IV
TAKING, PROCESSING, STORING, DISPOSING OF DNA SAMPLES AND
PRIVACY PROTECTION

SECTION 10. Taking of biological sample. Only certified DNA collectors, as

specified in Section 3 (b) of this Act, shall collect biological sample from any person
who:

a. On the effective date of this Act, is currently in jail/prison or on probation, for
any offense.
b. On or after the effective date of this Act:
4) Is convicted of a crime for any offense;

2) Is arrested for and formally charged of the crime by a court for an
offense;

3) Is legally detained under law;

4) Is required to submit a DNA sample due to a judicial order because
they are a suspect in a crime;

5) Voluntarily provides a sample to be placed into the DNA database; or

6) In case of minor or incapacitated person, consent of parent or guardian
is required.

SECTION 11. Sample given voluntarily

(1) Any person, other than the person whose intimate sample or non-intimate
sample may be taken under Section 10, may voluntarily give an appropriate
consent in the prescribed form to an authorized personnel for the taking of his
intimate sample or non-intimate sample.

(2) Where an appropriate consent is given under subsection (1), an authorized
personnel shall, before the taking of the intimate sample or non-intimate
sample, inform the person from whom the sample is to be taken—

(a) that the DNA profiles and any information in relation thereto

derived from the intimate sample or non-intimate sample may
be stored in the PDDAS and may be used for the purposes of

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forensic DNA analysis, police inquiry and for such purposes
referred to in Section 7;

(b) that he may make a request to a police officer for an access to
the information; and

(c) that he may at any time withdraw his consent given under
subsection (1).

SECTION 12. Refusal to give sample - A certified DNA Collector may use
reasonable force to collect a DNA sample from a person listed in Article IV, Section
10, Subsection (a) and (b) (1), (2), (3), and (4), if such person refuses to voluntarily
submit a sample.

SECTION 13. Processing and analysis of biological samples. - The University
of the Philippines — Philippine General Hospital, within three years from the effectivity
of this Act, shall set-up a state of the art laboratory for DNA testing and analysis.
Upon completion of the laboratory, all DNA processing and analysis shall be handled
exclusively by the UP-PGH DNA laboratory.

Until such time, the PNP Crime Laboratory shall be the authorized institution to
process and analyze alll biological samples collected for the purpose of this Act.

SECTION 14. Storage and disposal of biological samples — PNP Crime
Laboratory shall safely and securely store all biological samples that are collected for
the purpose of this Act. Unless ordered by the court, all biological samples collected
under Section 10 must be destroyed after the DNA profile is generated or within six
months after the sample has been taken, whichever comes first. Preservation and
disposal of biological samples upon order of the court shall follow the Rules on DNA
evidence.

The procedures for the storage and disposal of an intimate sample and a non-
intimate sample shall be as prescribed by the implementing rules and regulations
(IRR). Written notice of such destruction as prescribed in the IRR must be
immediately given persons specified under Section 10.

SECTION 15. Support from Private Sectors. To support Philippine DNA Database
System, employees of private institutions may submit their DNA samples.

SECTION 16. Privacy Protection Standards. Except upon lawful order of the court,
DNA records collected and maintained for the purpose of identification of criminal
suspects or offenders shall be disclosed only:

a. To criminal justice agencies for law enforcement investigation or identification
purposes;

b. In judicial proceedings, following applicable laws and rules of procedure; and

c. Toa defendant for criminal defense purpose, and

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d. Other persons as determined by the court

EXCEPTION: If personally identifiable information is not available, 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. Philippine DNA Database System Scientific Advisory Committee.
A Philippine DNA Database System 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. Members of the PDDAS Scientific Advisory Committee. The
PDDAS Scientific Advisory Committee shall be composed of a maximum of ten (10)
individuals scientifically qualified to understand, develop and adopt DNA quality
assurance standards, with representative from UP-PGH as Chair and other
government entities and institutions actively engaged in forensic DNA testing and
analysis as members.

SECTION 19. Laboratory Standards. The PDDAS Scientific Advisory Committee
shall develop, adopt, and amend Quality Assurance Standards for forensic DNA
testing laboratories. Once adopted, these standards shall be required for any
forensic laboratory in the Philippines that produces samples to be used in the
PDDAS.

ARTICLE VI
CRIMINAL ACTS AND PENALTIES

SECTION 20. Tampering of DNA Samples and Records. Any person who shall
knowingly make any false entry or falsely alter any DNA record or profile indexed or
otherwise contained in the PDDAS 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 or
a fine not less than Six Hundred Thousand Pesos (Php600,000.00) or both, at the
discretion of the court.

SECTION 21. 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
PDDAS 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.

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SECTION 22. Failure to Deliver DNA Records or Samples. Any person who shall
possess a DNA record in the PDDAS or DNA samples and refuse to deliver the
same upon request of a person lawfully entitled to receive the same shall suffer the
penalty 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 23. 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
PDDAS 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 Vil
GENERAL PROVISIONS

SECTION 24. Cooperation with foreign law enforcement agency

a. The Philippine DNA Database Office, upon request by a foreign law
enforcement agency, may compare a DNA profile received from the
foreign law enforcement agency with the DNA profiles in the Philippine
DNA Database System (PDDAS) in order to determine whether such DNA
profile is already contained in the PDDAS and communicate any relevant
information to the foreign law enforcement agency.

b. The Philippine DNA Database Office, upon a 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, may 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 25. Regulations. The Philippine DNA Database Office 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 26. Implementing Rules and Regulations. Within one hundred and
twenty (120) days, the necessary rules and regulations for the implementation of this
Act shall be promulgated by the Department of Interior and Local Government in
Coordination with the Department of Justice, Office of the President, Department of
Health and the University of the Philippines — Philippine General Hospital.

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SECTION 27. 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 28. Separability Clause. \f 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 29. 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 30. 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

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