Experts back creation of Philippine forensic human DNA database

A group of experts on Tuesday have backed the establishment of a Philippine forensic human DNA database to help in solving criminal cases.

Dr. Eva Maria Cutiongco dela Paz, a geneticist from the National Institutes of Health (NIH), said this was the position of the NIH as well as the University of the Philippines' Philippine General Hospital in connection with two proposals made by Representatives Dan Fernandez of Laguna and Ace Barbers of Surigao del Norte, which seek to establish a national DNA database composed of the following indices:

1. crime scene index, or 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; on 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;
2. arrested persons index, or DNA profiles derived from an intimate or a non-intimate sample taken from arrested persons;
3. convicted offenders index, or DNA profiles derived from an intimate or a non-intimate sample taken from persons convicted of any offense under any written law;
4. detainees index, or DNA profiles derived from an intimate or a non- intimate sample taken from a detainee;
5. elimination persons index, or 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;
6. law enforcement personnel index, or DNA profiles of all employees of the government's law enforcement agencies, derived by means of forensic DNA analysis, from a buccal or blood swab);
7. military personnel index, or 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;
8. missing persons index, or DNA profiles and any information in relation thereto derived from an intimate or a non-intimate sample taken from anything worn or carried by a missing person; or the next of kin of a missing person if so required;
9. street children and beggars index, or DNA profiles of street children and beggars, derived by means of forensic DNA analysis, from a buccal or blood swab);
10. unidentified human remains index, or 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
11. voluntary person index, or 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.

"The need to establish data-driven and evidence-based multi-agency measures in order to advance the practice of forensics in the Philippines is an urgent and relevant concern, and investing in planning, design, construction and maintenance of the Philippine Forensic Laboratory should be prioritized for the Philippines to cope with the demands of our justice system," Dela Paz said during the public hearing on the measure conducted by the House public order and safety committee chaired by Fernandez.

"This is a step in the right direction, not only for the technological advancement of our law enforcement agencies but also for recognition of science and research in figuring out solutions towards issues of common concern," she added.

Dela Paz said that the NIH's general recommendation is specifying the proposed DNA database for forensic use—use of scientific methods in obtaining evidence to be presented to the court—only.

"We suggest renaming the title to reflect the establishment of the Philippine Forensic Human DNA Database System and incorporating the term 'forensic' throughout the House Bill," she added.

Under the proposal, only a certified Philippine National Police (PNP) DNA collector is authorized to get a biological sample from any person who falls under any of the following categories:

• convicted of a crime for any offense;
• arrested for and formally charged of the crime before the court for an offense;
• legally detained;
• required to submit a DNA sample due to a judicial or quasi-judicial order because they are a suspect in a crime;
• needs to submit a DNA sample for elimination purposes;
• a street child or a beggar;
• an active member of a law enforcement agency;
• an active member of the Armed Forces of the Philippines; and
• a person who is voluntarily providing a sample to be placed into the DNA database.

The lawmakers' proposal also provides that the integrity of the collected biological sample is maintained at all times through a clear, well-documented chain of custody from the time a biological sample is collected until its disposal.

Such a chain of custody document will then be maintained 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.

Single database

Dela Paz, however, said that the measure should mandate a singular database which can be accessed by appropriate authorities instead of the Philippine National Police and the National Bureau of Investigation having separate human DNA databases which they are obligated to share to each other from time to time under the pending bills.

"Multiple databases increases the risk of data mishandling, and possible access by unwanted parties. Congruent to the willingness of the UP-PGH to centralize the forensic samples, we thus recommend that there must be a single forensic [human] DNA database where appropriate agencies can access to ensure the DNA profiles are fully protected and ethically accessed," Dela Paz said, adding that that there should be rock-solid measures to protect the collected DNA from illegal access.

Rights

Dela Paz added that it must be ensured that law enforcement does not run over the rights of the citizens.

"The state's duty to protect the public should never come at the cost of an individual's right to privacy. As we recognize the potential impact of the DNA database, we should also protect the inalienable rights of our citizens, especially those who voluntarily entered the database, as well as the marginalized and underprivileged. We take note of street dwellers, as this requires a level of consent in the management of the collection process. Likewise, government personnel should not be prejudiced if they decide not to [turn over their DNA]," dela Paz said.

"There should be strong safeguards to avoid potential abuses in the deletion of samples and profiles in the database. All efforts toward building a more ethical justice system requires respect, fairness, humanity and professional conduct," she added.

The proposed measure states that a person found guilty of knowingly and willfully disclosing DNA information in any manner to any person or agency not entitled to receive it to the prejudice and detriment of the public or person from whom the said DNA sample information was taken will be meted a jail time of eight years and one day or a fine not less than P500,000 or both at the discretion of the court.

On the other hand, those who found guilty of knowingly and willfully obtaining DNA samples or any individual identifiable DNA information indexed or contained in the DNA database system without proper authorization will face a four-year imprisonment or a P300,000 fine or both at the discretion of the court. — BM, GMA News