TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
S. No
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SENATE
357
aa,f.-u^U~
fi ot 'e; '■ r 'i
25 JULIO PI 59
RKOvfcD BY:
Introduced by Senator Ronald "Bato" Dela Rosa
AN ACT
ESTABLISHING THE PHILIPPINE NATIONAL POLICE FORENSIC DNA 
DATABASE, APPROPRIATING FUNDS THEREFOR
EXPLANATORY NOTE
Article XIV, Section 10 of the 1987 Constitution provides that; "Science and 
technology are essential for national development and progress. The State shall give 
priority to research and development, invention, innovation, and their utilization; and 
to science and technology education, training, and services. It shall support 
indigenous, appropriate, and self-reliant scientific and technological capabilities, and 
their application to the country's productive systems and national life."
Undoubtedly, technology has been a helpful tool utilized by law enforcement 
officers in crime prevention, solution and correction - one of these is the 
Deoxyribonucleic Acid (DNA) technology. This has been scientifically proven to be an 
invaluable instrument in the identification of a person especially in establishing the 
identity and prosecution of criminals. It can be used to identify criminals with scientific 
accuracy when biological evidence exists. Conversely, it can also be used to clear 
suspects and exonerate persons mistakenly accused or convicted of crimes.


DNA analysis also found to have uses other than for forensic investigation, such 
as establishing paternity and other family relationships, and the identification of 
disaster victims and missing persons.
The use of DNA evidence has long been recognized by our judicial courts. 
Despite this recognition, there is no centralized and fully regulated forensic DNA 
Database in the country.
As such, to address this gap, the proposed measure seeks to provide the 
statutory authority for the creation of a forensic National DNA Database under the 
Philippine National Police. The bill seeks to establish a database which shall consist of 
the Crime scene index. Convicted offenders index. Detainee index. Elimination person 
index. Law Enforcement Personnel index. Military personnel index. Missing person 
index Unidentified Human Remains Index, and Voluntary person index.
This database will serve as a tool for expeditious resolution of crimes by 
providing a reliable method of identification. By institutionalizing this system, the 
public confidence in our criminal justice process will greatly increase and expected to 
enhance the efficiency of our law enforcement agencies. It is high time that we 
harness the technology offered by forensic science with the objective of swift delivery 
of justice.
The approval of this bill is in furtherance of our government's effort towards a 
fair justice system. Thus, I fervently hope for the swift passage of this bill.
RONALD "BATj
ELA ROSA


i » t ■
■ of r*;f -K
TWENTIETH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
F/rst Regular Session 
)
SENATE 
S. No. ^57
25 JULIO PI '59
Rk'CEiVED 81f;
Introduced by Senator Ronald "Bato" Dela Rosa
AN ACT
ESTABLISHING THE PHILIPPINE NATIONAL POLICE FORENSIC DNA 
DATABASE, APPROPRIATING FUNDS THEREFOR
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 "PNP Forensic DNA 
Database Act"
Sec. 2. Declaration of 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 reaffirms 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.
Sec. 3. Definition of Terms. - As used in this Act:


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a. Biological or DEOXYRIBONUCLEIC ACID (DNA) sample refers to any organic
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material originating from a person's body including those found in inanimate
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objects, that is subjected to DNA testing;
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b. Buccal swab refers to a sample of cellular material taken from the inside of a
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person's mouth;
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c. Certified DNA Collector refers to a police officer or a person who has
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successfully completed the training prescribed and certified by the PNP Forensic
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Group, in respect of the taking of buccal sample and biological DNA sample;
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d. Crime scene sample refers to physical evidence retrieved from the crime scene
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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 involved in an offense or
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crime;
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e. DNA refers to the chain of molecules found in every nucleated cell of the body.
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The totality of an individual's DNA is unique for the individual, except in identical
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twins;
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f. DNA evidence refers to the totality of the DNA profiles, results and other genetic
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information directly generated from DNA testing of biological samples;
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g. DNA profile refers to genetic information derived from DNA testing of a
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biological sample obtained from a person, which biological sample is clearly
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identifiable as originating from that person;
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h. DNA profiling or DNA typing refers to a process where a minute sample of
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genetic DNA material is taken from a human 
biological and is given an analyzed
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numeric value;
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i. DNA testing refers to the generation of DNA profiles and the comparison of the
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information obtained from the DNA testing of biological samples for the purpose
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of determining, with reasonable certainty, whether or not the DNA obtained
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from two or more distinct biological samples originates from the same person
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(direct identification) or if the biological samples originate from related persons
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(kinship analysis);
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j. Foreign law enforcement agency refers to the law enforcement agency of a
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foreign state and includes any recognized international organization established


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by government or states of which the Philippines is an official member, or any
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international organization;
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k. Forensic DNA analysis refers to analysis of the DNA from a body sample or
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crime scene sample to determine forensic DNA profile;
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I. Forensic DNA profiles refer to the result obtained from forensic DNA analysis
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on body sample or crime scene, providing a unique combination of genotype
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obtained from DNA analysis testing of multiple loci to provide identity reference;
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m. Intimate sample refers to (i) a sample of blood, semen or any other tissue or
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fluid taken from a person's body, urine or pubic hair; or (ii) swab taken from
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any part of a person's genitals (including pubic hair) or from a person's body
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orifice other than the mouth; and
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n. Non-intimate sample refers to (i) a sample of hair other than the pubic hair; (ii)
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a sample taken from a nail or from under a nail; (iii) a swab taken from any
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part of a person's body other than a part from which a swab taken would be
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an intimate sample; or (iv) saliva.
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Sec. 4. Establishment of Philippine National Police Forensic DNA Database. - A
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forensic DNA database under the Philippine National Police (PNP), to be known as the
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PNP Forensic DNA Database, shall be established. The database shall consist of the
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following indices:
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a. Crime scene index shall contain DNA profile derived from an intimate sample
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or a non-intimate sample that is found on anything or at any place where an
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offense was committed; or within the body of a victim of an offense; or on
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anything worn or carried by the victim or suspect at the time when the offense
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was committed;
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b. Convicted offenders index shall contain DNA profiles derived from an intimate
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or a non-intimate sample taken from persons convicted of any offense under
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any written law;
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c. Detainee index which contains DNA profiles derived from an intimate or a non-
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intimate sample taken from a detainee or persons deprived of liberty;


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d. 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;
e. Law Enforcement Personnel index shall contain DNA profiles of all employees 
of government's law enforcement agencies, derived by means of forensic DNA 
analysis, from a buccal or blood sample of a donor;
f. 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;
g. 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, carried or used by a missing person; or (ii) biological relatives 
of a missing person if so required;
h. 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
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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.
Sec. 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. serve as a tool for crime prevention and crime solution;
b. identify person/s who might have been involved in the commission of an 
offense;
c. prove the innocence or guilt of a person allegedly involved in the commission 
of an offense;
d. exonerate a person wrongly convicted of an offense; or
e. assist in the identification of missing persons or unidentified human remains.


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Sec. 6. Management of DNA Database. - The PNP Forensic Group - DNA 
Laboratory Division (PNP-FG DNA Laboratory Division) shail manage the DNA 
databases, and shall have such power as may be necessary for, in connection with, or 
incidentai to the performance of its functions under this Act, including the foilowing:
a. Primariiy responsibie for the general conduct, administration, and management 
of the DNA database;
b. Estabiish mechanisms to faciiitate the connection, storage, and dissemination 
of data in connection with DNA profiies and any information in relation thereto 
stored in the DNA Database;
c. Ensure that DNA profiles and any information in relation thereto are securely 
stored and remain confidentiai at all times;
d. Store and dispose samples taken for the purpose of forensic DNA analysis in 
accordance with the provisions of this Act;
e. Cooperate with both locai and foreign law enforcement agencies in accordance 
with the provisions of this Act; and
f. Carry out any other functions conferred by or under this Act and to perform 
any other functions that are incidentai, or consequentiai to any of the functions 
specified in this section or in furtherance of the objectives of the Philippine 
National Forensic DNA Database.
Sec. 7. Access to and Confidentiality of DNA profiles and information. - The 
access to a communication or use of DNA profiies and any information in relation 
thereto stored in the PNP Forensic DNA Database shail only be for the following 
purposes:
a. administering the database;
b. comparing DNA profiles or information in the course of an investigation 
conducted by any iaw enforcement agency or during judicial and quasi-judicial 
proceedings; and
c. making the information available to a person to whom the information reiates. 
DNA profiies and aii results or other information obtained from DNA testing


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shall be confidential and covered by the provisions of Republic Act No. 10173 
otherwise known as the "Data Privacy Act of 2012."
Sec. 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 court or proceeding in the country subject to the judicial rules on DNA evidence.
Sec. 9. Mandatory Collection of DNA Sample. - The following shall be required 
to provide biological sample:
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those convicted by final judgment for violation of any criminal law; 
those persons who have a pending criminal case before any court of competent 
jurisdiction;
those who are legally detained under the law;
those ordered by a judicial or quasi-judicial order to submit their DNA sample 
in relation to a pending case;
e. active members of law enforcement agencies; and
f. active members of the Armed Forces of the Philippines.
Sec. 10. Voluntary Collection of DNA Sample. - Any person may voluntarily give 
written consent for the taking of one's intimate or non-intimate sample.
Before taking of any sample, the certified DNA collector shall inform the person 
from whom the sample is to be taken of the following:
i. 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;
ii. any person may make a request for access to one's information; and


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iii. any person may at any time demand the deletion of one's DNA profile in the
database.
Furthermore, any person may submit a written request to the PNP-FG 
Laboratory Division for DNA testing as defined in this Act: Provided, That at least one 
(1) of the DNA profile to be used in the requested DNA testing is the DNA profile of 
who requested the test or of any person under his/her legal guardianship.
For this purpose, the PNP is hereby authorized to collect reasonable fees for 
the collection of DNA sample, processing, and corresponding issuance of DNA test 
result and other certifications.
Sec. 11. 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 ali parties.
Sec. 12. Storage and disposal of biological samples-The. 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 (6) months after the DNA profile has 
been generated.
Sec. 13. Deletion of DNA Profile from the DNA Database Indices. - A person 
whose DNA profile is contained in the voluntary or missing person's indices may 
request that their DNA profile, and any related information, be deleted from the DNA 
database 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.


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The DNA Laboratory official in charge of the database shali, within six (6) 
months from the time of notification of such request, delete the DNA profile and any 
information in relation to the profile.
Sec. 14. Support from Voluntary Citizens. - To support the nationwide National 
DNA Database, employees of both government and private institutions, and private 
citizens are encouraged to submit DNA samples. The forensic DNA profiles and any 
information in relation thereto shall be included in the voluntary person index.
Sec. 15. National DNA Database Scientific Advisory Committee. - A National 
DNA Database Scientific Advisory Committee (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.
Sec. 16. Committee Members. - The Committee shall be composed of nine (9) 
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 one (1) representative 
from the Philippine National Police (PNP), one (1) representative from the Department 
of the Interior and Local Government (DILG), one (1) representative from the 
Department of Justice (DOJ), 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 (DPC), one (1) 
representative from the Commission on Human Rights (CHR), 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. The PNP-FG Laboratory Division shall act as the 
secretariat of the Committee.


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Sec. 17. Prohibited Acts and Penaities. - Any person found guilty of committing any 
of the prohibited acts enumerated hereunder and other violation of the provisions of 
this Act, shall suffer the corresponding penalties herein provided:
a. 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 or a fine of not more than Six Hundred Thousand Pesos 
(Php600,000.00) or both, at the discretion of the court;
b. Tampering, Abetting, or Attempting to Tamper DNA Samples. -Any person who 
shall knowingly tamper with or cause the tampering with of any intimate sample 
or non-intimate sample taken for the purposes of this Act or shall aid in the 
tampering with or in the attempts to tamper with 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 of not more than Six Hundred 
Thousand Pesos (Php600,000.00) or both, at the discretion of the court;
c. 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 more than Five Hundred Fifty Thousand 
Pesos (Php550,000.00) or both, at the discretion of the court;
d. Refusal to Give Sample. - Any person who unjustly refuses to give a non­
intimate sample or obstructs the taking of such sample from, when legally 
ordered by competent authority to do so, shall suffer the penalty of six (6) 
years and one (1) day imprisonment or a fine of not more than Three Hundred 
Thousand Pesos (Php300,000.00) or both, at the discretion of the court;


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e. Other violations of the provisions of this Act or the rules and regulations 
promulgated by the concerned government agencies shall suffer the penalty of 
six (6) years and one (1) day imprisonment or a fine of not more than One 
Hundred Thousand Pesos (Phpl00,000.00) or both, at the discretion of the 
court.
Sec. 18. Cooperation with Other Law Enforcement Agencies. - The PNP, 
National Bureau of Investigation (NBI) and other law enforcement agencies shall 
establish a system to ensure coordination and integration of the DNA database in their 
respective agencies.
Sec. 19. Cooperation with Foreign Law Enforcement Agency. - 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.
Sec. 20. Transitional Provision. - Any existing DNA profile and any information 
in relation thereto kept and maintained by the PNP, immediately before the effectivity 
of this Act, shall form part of the PNP Forensic DNA Database in accordance with this 
Act.
Sec. 21. 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 sums as may be needed for the continued 
implementation of this Act shall be included in the annual General Appropriations Act.
Sec. 22. Implementing Rules and Regulations. - Within one hundred twenty 
(120) days from the effectivity of this Act, the PNP, in consultation with government 
agencies and other law enforcement offices, shall promulgate the rules and 
regulations to effectively implement the provisions of this Act.
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Sec. 23. Separability Clause. -If any portion or provision of this Act is declared 
unconstitutional, the remainder of this Act or any provisions not affected thereby shall 
remain in force and effect.
Sec. 24. Repealing Clause. -Any law, presidential decree or issuance, executive 
order, letter of instruction, rule or regulation inconsistent with the provisions of this 
Act is hereby repealed or modified accordingly.
Sec. 25. Effectivity. -This Act shall take effect after fifteen (15) days following 
its complete publication in the Official Gazette or in a newspaper of general circulation.
Approved,
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