Solon proposes forensic DNA databank to solve crimes
MANILA, Philippines – With rising number of crimes left without justice, a lawmaker filed a bill that establishes forensic deoxyribonucleic acid or DNA databank to help improve the Philippine criminal justice system.
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| DNA samples are processed at the New York State Police Forensic Investigation Center in Albany, N.Y. AP Photo/Mike Groll |
“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,” stressed Villar.
“At present, DNA technology is largely used in this country to identify victims of calamities, establish paternity and other filial relationships,” the author added.
Under House Bill 5372, any information obtained from the DNA databank will be allowed to be used as proof of DNA identification in any proceedings in any court.
The bill defines DNA as deoxyribonucleic acid, the chain of molecules found in every nucleated cell of the body. It is said that every individual has a unique sum of DNA but with identical twins as the exception. DNA profile means genetic information resulting from DNA testing of a biological sample obtained from a person, which biological sample is clearly identifiable as originating from that person.
The measure indicates that 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.
Based on the bill, if an authorized officer permits taking an intimate sample of an individual reasonably suspected for having committed an offense or a detainee may be taken for forensic DNA analysis by a government medical officer. The DNA analysis shall take effect 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.
Likewise, the bill states that acquiring of non-intimate sample of a person highly suspected for having committed an offense or a detainee may only be taken if an authorized officer allows 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.
Under the measure, a DNA sample may also be obtained from an individual who is serving his or her term in imprisonment involving the offense which he or she has been convicted
Those who refuse to give sample or obstructs the taking of such sample will be fined P10,000 or will face imprisonment for a term not exceeding a year, or both..
Tampering, assisting and attempting to tamper will also be considered a violation which will be charged a fine not exceeding P50,000 or serving imprisonment of a term not exceeding five year, or both.
The bill also prohibits unauthorized use or communication of DNA profile or information as an individual who will be caught doing this shall be liable of a fine not exceeding P50,000, or a term not exceeding five years or both.
***Originally published on Philstar.com; April 9, 2015; 3:14 p.m. Link: Solon proposes forensic DNA databank to solve crimes
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