Bill seeks creation of DNA databank

A BILL seeking for the establishment of a forensic deoxyribonucleic acid (DNA) databank has been filed in the House of Representatives.

Las Pias City Representative Mark Villar said the recent advances in the 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, the DNA technology is being used to identify victims of calamities, establish paternity and other filial relationships, he said.

Villar's 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.

DNA is 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 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 who has 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.

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Bill seeks creation of DNA databank