FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
,. 
S. No. 128 
Introduced by Senator FRANKLIN M. DRILON 
EXPLANATORY NOTE 
The proposed "National Bureau Of Investigation Reorganization And 
Modernization Act Of 2011" aims to strengthen the National Bureau of 
Investigation (NBl) 
through the restructuring of its organization and 
modernizing of its forensic, scientific, investigative and intelligence equipment. 
The present organizational structure of the NBI shall be reorganized into 
the Office of the Director, Office of the Deputy Director, Office of the Assistant 
Directors for Investigation Service, Iu'telligence Service, Comptroller Service, 
Administrative Service, Forensic Service, and Legal Service. 
The investigative and non-investigative staff of the NBl shall be increased 
and their positions upgraded to adequately meet the increasing demands of an 
expanded investigative and detective work. 
The bill likewise proposes the implementation of a modernization 
program geared towards the acquisition of modern investigative and 
intelligence equipment and the establishment of forensic and scientific 
laboratories. The program shall include provisions for the training of its 
personnel in this regard. 
Further, this proposed measure seeks to provide agents and employees of 
the NBI adequate compensation, benefits and privileges, such as free health 
care insurance, accident insurance and scholarships. 
A special trust fund is also established under this bill. This trust fund 
will be used to provide legal assistance for NBl personnel who are criminally 
charged with acts in the performance of their official functions. Two percent 
(2%) of the yearly collection from clearance fees shall be set aside for the 
implementation and maintenance of this special trust fund. 
Immediate passage of this bill is earnestly sought. 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
S. No. 128 
Introduced by Senator FRANKLIN M. DRILON 
AN ACT 
TO STRENGTHEN THE NATIONAL BUREAU OF INVESTIGATION, 
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. 
Short Title - This Act shall be known as the "National 
Bureau of Investigation Reorganization And Modernization Act Of 20 10." 
SECTION 2. 
Declaration of Policy - It is the declared policy of the 
State to promote respect for the rule of law and maintain law and order in the 
country. Toward this end, the State shall establish a modern, professional, 
competent and highly-trained investigative body, national in scope, to ensure 
effective and efficient investigation of crimes, collection of evidence, and arrest 
of suspects in the aid of prosecution of crimes. 
The 
National Bureau of Investigation 
(NBI) 
shall implement a 
modernization program geared towards the acquisition of state-of-the-art 
investigative and intelligence equipment and the establishment of forensic and 
scientific laboratories. The program shall include provisions for the training of 
its personnel in this regard. 
The investigative and non-investigative staff of the NBI shall be increased 
and their positions upgraded to adequately meet the increasing demands of an 
expanded investigative and detective work. 
The present organizational structure of the NBI shall be reorganized into 
the Office of the Director, Office of the Deputy Director, Office of the Assistant 
Directors for Investigation Service, Intelligence Service, Comptroller Service, 
Administrative Service, Forensic Service, and Legal Service. Each of these shall 
be composed of the necessary divisions and sections. 
The investigative and non-investigative staff of the NBI occupying the 
positions affected by the changes embodied. in this Act at the time of its 
approval shall thereafter occupy the positions by this Act, and discharge the 
duties and functions of their new positions and receive the corresponding 
salary and benefits without the necessity of any new appointment. 
The NBI shall be under the administrative supervision of the Secretary of 
the Department of Justice (DOJ). 
SECTION 3. Qualifications of NBI Agents: 
1. Citizen of the Philippines; 
2. At least twenty-five (25) years of age; 
3. Of good moral character; and 
4. A member of the Philippine Bar or a 
Certified Public 
Accountant. 


SECTION 4. Jurisdiction - The NBI shall have primary jurisdiction to 
undertake investigations in the following cases: 
a) Crimes committed by government employees and officials while 
in the performance of their official functions 
b) Organized/Syndicated Crimes 
c) Cyber Crimes 
d) Smuggling Cases 
e) Piracy/Intellectual Property Violations 
f) Economic Sabotage 
g) Transnational Crimes 
h) Crimes Involving National Security; and 
i) Terrorism 
Provided, however, that the President or the Secretary of Justice, may 
direct the NBI to undertake the investigation of any crime where public interest 
so requires. 
SECTION 5. Powers and Functions - The NBI shall have the following 
powers and functions: 
(a) Act as national clearing house of criminal records and other related 
information 
for 
the 
benefit 
of 
judicial, 
quasi-judicial 
and 
administrative bodies, all prosecuting and law enforcement entities, 
as well as the Legislature and Executive branches of the Government. 
(b) Act as repository for all derogatory and criminal records, Dental 
records pursuant to P.D. 1575, and A national deoxyribonucleic acid 
(DNA) database. 
(c) Render 
forensic 
assistance 
to 
judicial, 
quasi-judicial 
and 
administrative bodies', all prosecuting,and law enforcement entities of 
the Government, as well as, the Legislature and Executive branches of 
the government, when so requested. 
(d) Establish an NBI Academy which shall be responsible for the 
recruitment, training and development of all NBI agents and 
personnel. 
(e) Establish and maintain modern forensic and scientific laboratories 
and to conduct research in furtherance of scientific knowledge in 
criminal investigation, detection and evidence gathering. 
(f) Establish and maintain an integrated, comprehensive and state-of-
the-art network, equipment and facilities to be used by the NBI in its 
criminal investigation, detection and evidence gathering, and to 
provide the corresponding training. 
(g) Enlist the assistance of the Philippine National Police, Armed Forces 
of the Philippines, Philippine Drug Enforcement Agency or any other 
agency of the Government, including government-owned-and/or-
controlled corporations, in the performance of its functions. 
Such 
assistance may include the use of the enlisted agency's personnel and 
facilities, upon the prior approval of the head of the agency concerned. 
(h) Conduct intelligence operations in furtherance of the foregoing powers 
and functions. 
(i) Enter into any contracts of loan or any other transaction for the 
acquisition, administration, lease, disposition or acceptance of real or 
personal property in its name. 
OJ Perform such other functions as the President of the Philippines 
and/ or the Secretary of Justice may assign from time to time. 
SECTION 6. The NBI Director and Other Officials -The NBI shall be 
headed by a Director and assisted by a Deputy Director and an Assistant 
Director for each of the following eight services: 
Investigation Service, 
Intelligence Service, Comptroller Service, Administrative Service, Forensic 
Service, and Legal Service. 


The NBI shall and maintain Field Offices to be determined by the 
Director with the concurrence of the Department of Justice. 
SECTION 7. 
Powers and Functions of the Director - The Director 
shall have the following powers and functions: 
1) 
Establish policies and standards for the efficient and effective 
operation of the NBI in accordance with the programs of the 
Government; 
2) 
Exercise direct supervision and control over all NBI employees, their 
functions, responsibilities and activities; 
3) 
Promulgate rules and regulations necessary to carry out the NBI's 
objectives, policies, plans and programs; 
4) 
Establish as many field offices and divisions as the exigencies of the 
service may require; 
5) 
Deploy any of its officials or personnel for out-of-the-country 
missions; 
6) 
Hire consultants for such length of time as may be deemed required 
by the exigencies of the service; 
7) 
Issue firearms licenses, permits to carry firearms outside residences; 
8) 
Designate NBI informants; 
9) 
Subject to Civil Service laws, rules and regulations, order the 
dismissal of any NBI employee (non-presidential appointee), in any of 
the following circumstances; 
a. When the charge is serious and the evidence of guilt is strong, 
or; 
b. When the respondent is notoriously undesirable. 
10) 
Exercise other related functions as may be provided by law or as 
authorized by the President and/ or the Secretary of Justice. 
SECTION 8. Qualifications and Appointment of the Director - The 
Director shall be appointed by the President and shall hold office for a term of 
three (3) years. 
He shall have the same rank, salary and privileges of a 
secretary of a department. No person shall be appointed Director, unless he is 
a citizen of the Philippines, a member of the Philippine Bar and with at least 
fifteen years experience in investigative work, prosecutorial or judicial arm of 
the Government. 
SECTION 9. 
Qualifications and Appointment of Deputy Director 
and Assistant Directors - The Deputy Director shall be appointed by the 
President. He shall have the same rank, salary and privileges of an 
undersecretary of a department. No person shall be appointed Deputy Director 
unless he is a citizen of the Philippines, must have been an NBI agent and 
must have served as an NBI Assistant Director. 
The Assistant Directors shall be appointed by the President. They shall 
have the same rank, salary and privileges equivalent to an assistant secretary 
of a department. They must have been an NBI agent for at least 10 years and 
must have served as NBI Regional Director. 
SECTION 
10. 
Qualifications and Appointments of Regional 
Directors - The Regional Director shall be appointed by the NBI Director upon 
recommendation of the NBI's Promotion and Selection Board. 
Must have 
rendered at least ten years of continuous service in the NBI as an NBI agent, 
and must have served as Assistant Regional Director. 
SECTION 11. 
Qualifications and Appointments of Assistant 
Regional Directors -The Assistant Regional Director, in every NBI Regional 
Office, shall be appointed by Director upon the recommendation of NBI's 
Promotion and Selection Board. 
No person shall be appointed Assistant 
Regional Director unless he is a citizen of the Philippines, and must have 


rendered at least ten years of continuous service in the NBI as an NBI agent, 
three years of which have been as Head Agent. 
SECTION 12. Promotions of NBI Agents -Agents shall be promoted by 
the Director upon recommendation of NBI's Promotion Board. 
SECTION 13. Powers and Functions of the Investigative Staff - The 
investigative staff of the NBI shall have the following powers and functions: 
1. Conduct searches, arrests and seizures in accordance with the 
existing laws, rules and regulations; 
2. Issue subpoena or subpoena duces tecum for the appearance at 
Government expense of any person for investigation. Deliberate and 
unjustified failure to obey the subpoena herein mentioned shall 
render the person concerned liable for obstruction of justice under 
P.D. 1829; unjustified non-compliance of said Subpoena shall be a 
ground for Contempt of Court upon proper petition with the Regional 
Trial Court. 
. 
3. Take sworn statements of any person under investigation; 
4. Administer oaths in cases under investigation; 
5. Own, possess and carry, outside their office and residence, suitable 
and adequate firearms for their personal protection in connection with 
their duties and for the proper protection of witnesses and persons in 
custody; and 
6. Have access, examine, secure, take custody of and photocopy public 
records: Provided, That as regards public and/ or bank records, such 
access need not be upon prior approval with the court in cases 
involving a verified complaint for malversation penalized under the 
Revised Penal Code, violation of the Anti-Graft and Corrupt Practices 
Law (RA 3019), the Anti-Money Laundering Law of 2001 (RA 9160), 
Code of Conduct and Ethical Standards of Public Officials (RA 6713), 
Comprehensive Dangerous Drugs Law of 2002 (RA 9165), Plunder 
Law (RA 7080) or the Human Security Act of 2007 (RA 9372). 
The refusal to allow NBI any access to, examination and/ or handling 
of records mentioned in this paragraph shall render the person 
concerned liable for obstruction of justice under PD 1829. 
SECTION 14. Benefits and Privileges -The NBI shall provide its 
employees with the following benefits: 
1) 
Health care services through a health maintenance organization 
(HMO), Expenses for the mandatory annual executive check-up of all 
employees with the salary grade of twenty five (25) and upwards shall 
be for the account of the office; 
2) Accident insurance policies for all employees procured by the office at 
its own expense during travels while in the performance of their 
official duties and functions; and 
3) Without prejudice to efficiency in the service, grant scholarships to 
deserving employees on official time and at the expense of the Office 
to upgrade their knowledge and skills; Provided, that scholars under 
this provisions shall be selected on the basis of merit as determined 
by competitive examination. 
SECTION 15. 
Legal Assistance - A special trust fund shall be 
established to assist NBI personnel who are criminally charged with acts in the 
performance of their official ·functions. 
Two percent (2%) of NBI's yearly 
collection from clearance fees and any interest accruing thereto shall be 
appropriated for the implementation and maintenance of said special trust 
fund. 


SECTION 16. Seminar and Other Professional Fees - Subject to the 
availability of funds, fees for relevant seminars, as well as professional 
membership fees for lawyers, registration fees, and related miscellaneous 
expenses incurred in completing the Mandatory Continuing Legal Educations 
(MCLE) 
course shall be borne by the office. 
Moreover, professional 
membership, 
registration 
fees, 
including 
the 
Mandatory 
Continuing 
Professional Education (MCPE), and related miscellaneous expenses of other 
employees. 
SECTION 17. 
Transportation Benefits - Subject to availability of 
funds, employees shall be provided with contracted transportation services 
until such time that the office can procure additional motor vehicles for this 
purpose. 
SECTION 18. 
Franking Privilege 
All official mail matters and 
telegrams of the NBI addressed for delivery within the Philippines shall be 
received, transmitted and delivered free of charge of the government postal 
service: Provided, that such mail matters when addressed to private persons or 
non-government offices shall not exceed one h1;tndred and twenty (120) grams; 
Provided, finally, that use of this privilege for non-official purposes shall be a 
ground for dismissal from the service. 
SECTION 19. Grant of Special Allowances - The investigative staff of 
the NBI occupying positions with Salary Grade 24 and above shall be granted 
special allowances in amounts to be determined by the NBI Director and the 
Department of Budget and Management (DBM). 
The grant of special allowances shall be implemented uniformly in such 
sums and amounts and to the extent that can be supported by the funding 
source as specified in Section 22 hereof: Provided, That said special allowance 
shall not exceed One Hundred percent (100%) but lower that fifty percent (50%) 
of the basic salary of NBI personnel concerned as provided in Republic Act No. 
6758, otherwise known as the Salary Standardization Law. 
SECTION 20. Retention of 25% of NBI Clearance fees - The NBI shall 
be authorized to retain at twenty-five percent (25%) of its collection from 
clearance fees to augment its operational expenses including capital outlay. 
SECTION 21. 
Funding Source - .The funds required for the 
implementation of this Act including employee benefits shall be taken from: 
1) Collections from NBI Clearance and certification fees; 
2) Service incomes from trainings, DNA, Drug Tests, Confirmatory and 
Neuro tests and the like; 
3) Seizures; and 
4) Other miscellaneous incomes. 
SECTION 22. Effect 
of 
Subsequent 
Salary 
Increases 
Upon implementation of any subsequent increases in the salary rates provided 
under Republic Act No. 6758, as mentioned, all special allowances granted 
under Section 21 hereof shall be considered as an implementation of said 
salary increases as provided by law. The special allowances equivalent to the 
increase in the basic salary as may be provided by law shall be converted as 
part of the basic salary; provided, that the amounts converted as basic salary 
shall be funded from the regular appropriations of the NBI. Any excess in the 
allowances granted under this Act not converted to basic salary continues to be 
granted as such and shall continue to be. funded under the immediately 
preceding Section. 


SECTION 23. Implementing Rules and Regulations - Within sixty 
(60) days from the approval of this Act, the NBI Director, in coordination with 
the Secretary of Budget and Management (DBM), shall promulgate such rules 
and regulations as may be necessary to carry out the provisions of this Act. 
SECTION 24. 
Repealing Clause - Pertinent provisions of Executive 
Order 292, the Revised Administrative Code of 1987, as amended, Republic Act 
No. 460 dated December 3, 1997, Republic Act No. 157 dated June 19, 1947, 
Executive order No. 482 dated May 7, 1998, Administrative Order No. 117 
dated February 17, 1994, and all laws, decrees, orders, rules and regulations 
or parts thereof which are contrary to or inconsistent with the provisions of 
this Act, are hereby repealed or amended accordingly. 
SECTION 25. 
Separability Clause - If any provlslOn of this Act is 
declared invalid or unconstitutional, the provisions not affected thereby shall 
continue to be in full force and effect. 
SECTION 26. Effectivity - This Act shall take effect after fifteen (15) 
days its publication in two (2) national newspapers of general circulation. 
Approved,