PNP Forensic Dna Database Act

C(191 of tr TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 ML 10 P1:59 SENATE RECEIVED BY: S. No. 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 "BATO' DELA ROSA

The of red TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES JUL 10 P1:59 First Regular Session RECEIVED BY: SENATE S. No. _ 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:

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

5 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:

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

by government or states of which the Philippines is an official member, or any international organization; k. Forensic DNA analysis refers to analysis of the DNA from a body sample or crime scene sample to determine forensic DNA profile; I. Forensic DNA profiles refer to the result obtained from forensic DNA analysis on body sample or crime scene, providing a unique combination of genotype obtained from DNA analysis testing of multiple loci to provide identity reference; m. 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 (ii) swab taken from any part of a person's genitals (including pubic hair) or from a person's body orifice other than the mouth; and n. Non-intimate sample refers to (i) a sample of hair other than the pubic hair; (I) 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.

Sec. 4. Establishment of Philippine National Police Forensic DNA Database. - A

forensic DNA database under the Philippine National Police (PNP), to be known as the PNP 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; 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. 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; C. Detainee index which contains DNA profiles derived from an intimate or a non- intimate sample taken from a detainee or persons deprived of liberty;

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 - (Ô) 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 i. 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.

Sec. 6. Management of DNA Database. - The PNP Forensic Group - DNA

Laboratory Division (PNP-FG DNA Laboratory Division) shall manage the DNA databases, and shall have such power as may be necessary for, in connection with, or incidental to the performance of its functions under this Act, including the following: a. Primarily responsible for the general conduct, administration, and management of the DNA database; b. 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; C. Ensure that DNA profiles and any information in relation thereto are securely stored and remain confidential 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 local 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 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.

Sec. 7. Access to and Confidentiality of DNA profiles and information. - The

access to a communication or use of DNA profiles and any information in relation thereto stored in the PNP Forensic DNA Database shall 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 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 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 7 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: a. those convicted by final judgment for violation of any criminal law; b. those persons who have a pending criminal case before any court of competent jurisdiction; c. those who are legally detained under the law; d. 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

ili. 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 7 (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 11 the collection of DNA sample, processing, and corresponding issuance of DNA test 12 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 all 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.

The DNA Laboratory official in charge of the database shall, within six (6) 3 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

7 DNA Database, employees of both government and private institutions, and private 8 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

12 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 22 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.

Sec. 17. Prohibited Acts and Penalties. - Any person found guilty of committing any

2 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;

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 (Php|00,000.00) 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 21 of this Act, shall form part of the PNP Forensic DNA Database in accordance with this 22 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.

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

7 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,