Efforts to establish a national DNA database in the
Philippines trace their way back to 1998 or 26 years ago. Recognizing
the scientific breakthrough of DNA evidence in investigations, the Supreme
Court promulgated the Rule on DNA Evidence in 2007. This rule permitted DNA
testing orders to be issued anytime to anyone suspected of committing crimes,
with or without court order, as long it was as relevant to the case and
provided that proper requirements were met. However, concerns were raised over the
years about the lack of clear boundaries of DNA testing, specifically regarding
the potential impact on rights such as protection against unreasonable searches
and the right to privacy.
In October 2022, forensic expert and scientist Dr. Maria
Corazon De Ungria, head of the University of the Philippines (UP) DNA Analysis
Laboratory, and geneticist Dr. Eva Maria Cutiongco-dela Paz from the National
Institutes of Health (NIH), voiced their concerns regarding the potential
implications of a national DNA database. While they asserted immense support
for the establishment of the forensic DNA databank, back then, they emphasized
the need for clear guidelines to ensure that the law would serve the best
interests of both the government and the community. They highlighted that law
enforcement action must not infringe upon human rights and the rights to
privacy.
On September 9, 2024, the proposal of the National DNA
Database Act received resounding success on its third and final reading, as the
Senate gave approval with a vote of 20-0-0 to pass it into law. Senate Bill No.
2474, or the National DNA Database Act, aims to establish a centralized
forensic DNA database in the Philippines, representing a significant step
towards improving the efficiency and fairness of the justice system in the
Philippines. Formerly called the Philippine National Police (PNP) Forensic DNA
Database Act, Senator Ronald “Bato” Dela Rosa sponsored this legislation with
the primary purpose of bolstering forensic and criminal investigation
capabilities in the country through the use of DNA technology. Co-authors of
the updated bill include Senators Mark Villar, Bong Revilla, Jr., Raffy Tulfo,
and Cynthia Villar.
Once established, it would serve as a tool to identify
persons involved in criminal activity, prove the innocence of a person
allegedly involved in a crime, clear any charges towards a wrongly convicted
person, and identify missing persons or unidentified human remains cases. The
DNA databank will comprise several indices, including collected DNA samples
from crime scenes, convicted offenders, law enforcement employees, military
personnel, missing persons, unidentified human remains, voluntary citizens, and
individuals with lawful access to the crime scenes. Moreover, it was noted that
deletion of DNA profiles in the databank may be requested by those under
voluntary and missing person indices, as well as retired employees from law
enforcement and the military.
The bill also mandates the establishment of a National DNA
Database Scientific Advisory Committee, with PNP Forensic Group – DNA
Laboratory Division serving as its secretariat. They will be responsible for
managing the DNA database and shall have such power as may be necessary for its
operation. As for its Committee members, there will be seven, comprising one
representative each from the PNP, the Department of the Interior and Local
Government (DILG), the Department of Justice (DOJ), the Department of Science
and Technology (DOST), the Department of Health (DOH), the National Privacy
Commission (NPC), and the Commission on Human Rights (CHR).
As bills approved on third reading get transmitted to the
House of Representatives for consideration, the establishment of the National
DNA Database comes closer to becoming a reality. The challenge now lies in
proper program and policy formulation, in coordination with law enforcement
agencies, that prevent endangerment and violations of human rights while in
pursuit of a swift and fair justice system in the Philippines.
SOURCES
An Act Establishing the National DNA Database, Appropriating
Funds Therefor, Senate Bill no. 2474, Nineteenth Congress of the Philippines
(2024). https://legacy.senate.gov.ph/lisdata/4296840786!.pdf
An Act Establishing the Philippine National Police Forensic
DNA Database, Appropriating Funds Therefor, Senate Bill no. 2474, Nineteenth
Congress of the Philippines (2023). https://legacy.senate.gov.ph/lisdata/4296839152!.pdf
De Ungria, M. C., & Jose, J. M. (2010). Forensic DNA
profiling and databasing: the Philippine experience. In R. Hindmarsh & B.
Prainsack (Eds.), Genetic Suspects: Global Governance of Forensic DNA Profiling
and Databasing (pp. 309–330). Chapter, Cambridge: Cambridge University Press.
Lalu, G. P. (2022, October 11). House panel OKs
consolidation of bills creating forensic database but expert raise privacy
issue. INQUIRER.net.
https://newsinfo.inquirer.net/1678311/house-panel-oks-consolidation-of-bills-creating-forensic-database-but-expert-raise-privacy-issues
Panti, L. T. (2022, October 11). Experts back creation of
Philippine forensic human DNA database. GMA News Online.
https://www.gmanetwork.com/news/scitech/science/847671/experts-back-creation-of-philippine-forensic-human-dna-database/story/
Serquiña, M. C. (2024, September 9). National DNA Database Act gets Senate approval on 3rd reading. GMA News Online. https://www.gmanetwork.com/news/topstories/nation/919856/national-dna-database-act-gets-senate-approval-on-3rd-reading/story/
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