APRIL 9, 2015

NR # 3796

Establishment of a forensic DNA databank pushed

A lawmaker has filed a bill establishing a forensic deoxyribonucleic acid or DNA
databank to boost the countrys criminal justice system.
Rep. Mark A. Villar (Lone District, Las Pias City), author of House Bill 5372, said
recent advances in forensic DNA testing are now paving the way for reforming the manner
by which cases are resolved in courts of law through the way suspected offenders are
apprehended during criminal investigation.
This technology can be used to identify potential suspects whose DNA may match
evidence left at a crime scenes, exonerate persons wrongly accused of crimes, and to
identify victims of crime, Villar said.
At present, DNA technology is largely used in this country to identify victims of
calamities, establish paternity and other filial relationships, he added.
House Bill 5372 provides that any information from the DNA databank shall be
admissible as conclusive proof of the DNA identification in any proceedings in any court.
The measure defines DNA as deoxyribonucleic acid, which is the chain of
molecules found in every nucleated cell of the body. The totality of an individuals DNA
is unique for the individual, except identical twins.
DNA profile means 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.
Under the bill, the DNA databank shall maintain the DNA profiles for the purpose
of human identification in relation to forensic investigation, and may be used in assisting
the recovery or identification of human remains from a disaster or for humanitarian
purposes; and the identification of living or deceased persons.
An intimate sample of a person reasonably suspected or having committed an
offense, or a detainee may be taken for forensic DNA analysis only if an authorized officer
authorizes it to be taken by a government medical officer, only if there is an appropriate
consent in the prescribed form given by the person concerned, or from the Regional Trial
Court judge which has a jurisdiction over the case.
Taking of non-intimate sample of a person reasonably suspected or having
committed an offense or a detainee may be taken only if an authorized officer authorizes it
on the grounds for suspecting that the person has committed an offense; and believing that

the sample will tend to confirm or disprove the commission of the offense by that person;
or an arrest has been effected on or a detention has been made against under the law.
A DNA sample may be taken for forensic DNA analysis from any person who is
serving his or her term or imprisonment in connection with an offense of which she or he
has been convicted.
Refusal to give sample or obstructs the taking of such sample, he or she will be
liable to a fine not exceeding P10,000 or imprisonment for a term not exceeding one year
or both.
Any person who tampers, abets or attempts to tamper shall be liable to
imprisonment for a term not exceeding five years or to a fine not exceeding P50,000 or
both.
Unauthorized use or communication of DNA profile or information shall be liable
to imprisonment for a term not exceeding five years or to a fine not exceeding P50,000 or
both. (30) jc