FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

HOUSE OF REPRESENTATIVES
H.No._ 9053

oGS

Introduced by Representative Teodorico T, Haresco

EXPLANATORY NOTE

The inception of the National Bureau of Investigation (NBI) can be traced from
Commonwealth Act No, 181 which was enacted by the legislature on November 13, 1936.
The creation of an investigation unit was patterned after the United States’ Federal Bureau
of Investigation (FBI).

The main objective of the NBI is “the establishment and maintenance of a modern,
effective and efficient investigative service and research agency.” However, with almost 76
years of existence, there is a need to reorganize and modernize the NBI to fully adapt with
the ever-changing society.

This bill seeks to reinforce the NBI’s vision-mission of “a world-class investigative
institution providing quality investigative and forensic services to the people through
advanced method and equipment in the pursuit of truth and justice”.

In view of the foregoing, the passage of this bill is earnestly sought.

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Re itive,
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FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

HOUSE OF REPRESENTATIVES
H.No. 5683

Introduced by Representative Teodorico T. Haresco

AN ACT
REORGANIZING AND MODERNIZING THE NATIONAL BUREAU OF
INVESTIGATION (NBI), PROVIDING 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 "NBI Reorganization and
Modernization Act of 2012."

SEC. 2. Declaration of Policy. - It is the policy of the state to promote and maintain
@ modern, competent and highly trained investigative body, functionally integrated and
national in scope. Toward this end, the state shall formulate plans and programs to enhance
and modernize the National Bureau of Investigation (NBI), with expanded structure,
capability and manpower, responsive to the demands of the times.

SEC. 3. Reorganization, Modernization and Expansion of the National Bureau of
Investigation, - The National Bureau of Investigation, hereinafter referred to as the NBI, is
hereby reorganized and modernized.

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 for Administration and Office of the Deputy
Director for Operations, Office of the Assistant Directors for Investigation Service,
Intelligence Service, Comptroller Service, Internal Audit Service, Forensic and
Scientific Research Service, Legal Service, and Information and Communications
Technology Service, Each service shall be composed of the necessary divisions and
sections.

The NBI shall establish a Regional Office in every region and a sub-office in
every province, to be headed by a Regional Director and Head Agent, respectively.
Field offices in Congressional Districts shall likewise be established/ maintained.

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.

SEC. 4. Qualifications of NBI Agents:

a) Citizen of the Philippines;

b.) Of good moral character;

¢c.) Amember of the Philippine Bar or a Holder of a Baccalaureate Degree who
passed the necessary Government licensure examination; and

d,) Other qualifications for appointment as may be required by the NBI.
These qualifications and requirements for appointment shall include, among others, passing
the competitive mental and physical examination and sufficient instruction and training to be
given by the NBL

28 SEC. 5. Compensation. - The Director, for purposes of salary and benefits, shall
have the equivalent rank of an Undersecretary.

Salaries and benefits of other Bureau officials and personnel shall be reckoned from
the salary level of the Director.

Subject to availability of funds, salaries and privileges of NBI personnel may be
further increased in amounts to be determined by the Department of Budget and
Management (DBM) and the NBI director.

SEC. 6. Powers and Functions. - The NBI shall have the following powers and
functions:


a) Undertake investigation and detection of crimes and other offenses against the
laws of the Philippines, upon its own initiative and as public interest may require;

Once the NBI commences the investigation of any crime or offense, it shall
confinue to be the lead agency in the investigation until its conclusion. Where the
investigation of any crime or offense is vested in another agency which has already
commenced its own investigation, the NBI shall exercise a supportive and
coordinative role: Provided, however, That when otherwise directed by the President or
the Secretary of Justice, or when so requested by the agency concerned or the
victim's family, the NBI shall assume the lead role in the investigation until its final
determination.

b.) 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 Legislative and Executive branches of the
Government;

¢.) Act as repository for the following:

1. All derogatory and criminal records and civilian identification records,
including their identifying marks and characteristics;

2. Ballistic records of firearms including but not limited to data
ownership, possession, and other related identifying circumstances for cases
handled by the NBI;

3. Dental records pursuant to Presidential Decree No. (P.D. No.) 1575; and

4, National deoxyribonucleic acid (DNA) database.

For this purpose, a modern NBI Clearance and Identification Center shall be
established;

d.) Render technical assistance to judicial, quasi-judicial and administrative bodies,
all prosecuting and law enforcement entities of government, as well as, the Legislative and
Executive branches of the Government, when so requested;

.) Establish an NB! Academy which shall be responsible for the recruitment,
training and development of all NBI agents and personnel;

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 in this regard;


29

g.) Establish and maintain a Cyber Investigation and Assessment Center which shall
serve as the nerve center for computer, information technologies, data on cybercrime cases,
computer intrusion, threats and other related crimes or activities;

h.) Establish and maintain 2 Forensic and Scientific Research Center which shall
service as the primary center for forensic and scientific research in furtherance of
Scientific knowledge in criminal investigation, detection and evidence collection and
preservation; and provide the necessary training therefore;

i.) Establish, control, supervise and administer a National Deoxyribonucleic Acid
(DNA) database which shall be independent from other agencies;

j) Enlist the assistance of the Philippine National Police, Armed Forces of the
Philippines or any other agency of the Government, including government-owned and/or
controlled corporations, in its anti-crime drive. Such assistance may include the use of the
enlisted agency's personnel and facilities upon prior approval of the head of the agency
concerned;

k,) Conduct intelligence operations in furtherance of the foregoing powers and
functions;

|.) Enter into any contract or transaction for the acquisition, ownership, possession,
administration, lease, disposition or acceptance of real or personal property in its name; and

m.) Perform such other related functions as the President or the Secretary of Justice
may assign,

SEC. 7. Jurisdiction. - The NBI shall have investigative jurisdiction over the following

A. Exclusive Jurisdiction:

1, Cases involving violations of the Anti-Dummy Law.
2. Extradition Cases.

B. Primary Jurisdiction:

1, Cases where the alleged offender is a public officer or employee where the
penalty to be imposed is imprisonment for not less than six years.

2. Cases where the alleged offenders are members of organized groups or
syndicates.

3. Cases of Human Trafficking.

4, Cybercrime Cases.

5. Cases involving commercial, economic and financial crimes.

6, Cases involving national security.


7. Cases involving threats to security or assaults against the persons of the
President, Vice President, Justices of the Supreme Court, Members of Congress and the
Cabinet.

8. Investigation, upon proper request, of cases of administrative or civil
nature in which the Government is interested.

9. Identification of the dead/victims in case of mass fatality incident caused
by natural disasters.

Provided, however, That the President, Secretary of Justice or NBI Director may
direct investigation of any crime when public interest so requires; and Provided further, That
the NBI shall have authority to investigate all crimes not assigned exclusively to other
law enforcement agencies; And Provided finally, That once the NBI takes cognizance of a
case within its primary jurisdiction, all other agencies shall provide supportive role in the
investigation.

The NBI may likewise extend its services, whenever properly requested, in the
investigation of cases of administrative or civil nature in which the government is interested.

SEC.8. The NBI Director, Other Officials and the Personnel Selection Board (PSB).
— The NBI shall be headed by a Director and assisted by two (2) Deputy Directors, one
Deputy Director for Administration and another Deputy Director for Operations, and an
Assistant Director for each of the following seven (7) Services: Investigation Service,
Intelligence Service, Comptroller Service, Internal Audit Service, Forensic and Scientific
Research Service, Legal Service, and Information and Communications Technology
Service,

Rank and classification of NBI officials and members of the investigative staff shall
be as follows:

Director

s »

. Deputy Di rector

. Assistant Director

|. Regional Director

. Assistant Regional Director
Head Agent

. Supervising Agent

zse->@ ano

. Senior Agent
i. Agent Ill


j. Agent I!

k. Agent |

No person shall be appointed Director unless he is a natural-born citizen of the
Philippines, a member of the Philippine Bar and should come from the ranks of Deputy
Directors and Assistant Directors. He shall serve for a term of three (3) years without
reappointment.

Bureau officials, from Director | to Bureau Director, shall be appointed by the,
President of the Philippines upon the recommendation of the Personnel Selection Board
(PSB) as approved by the NBI Director.

Forensic doctors, chemists and other experts shall be called Special Agents. Their
ranks shall be equal to regular agents,

The PSB shall be composed of the Deputy Directors and Assistant Directors and
such other members as may be required by law. It shall be chaired by the Deputy Director
for Administration. The PSB shall have the power to recommend, for approval, by the NBI
Director, all promotions and selections of personnel and the criteria thereof.

The PSB shall continue to adopt a merit system on the basis of highly technical
qualifications in the fields of investigation, forensics and intelligence without need of any
additional prescribed government eligibility requirements. This separate merit system
shall provide for the career development program for each position and rank and shall apply
to all incumbent officials and employees of the Bureau.

SEC. 9. Powers and Functions of the Director. - The Director shall have the following
powers and functions:

a) Formulate policies, guidelines and programs to effectively carry out the

purposes of this Act;

b.) Direct, control and supervise the administration and operations of the NBI;

c.)  Promulgate rules and regulations as may be necessary or proper for the
effective exercise of the powers and functions as well as the discharge of
the duties and responsibilities of the NBI, its officials and personnel;

d.) — Determine, from time to time, subject fo availability of funds, the limits to
which in terms of amount and period covered, reasonable allowances,
incentives, bonuses, privileges and other benefits may be given to Bureau
employees;


e)

f)

9)

h)

\)

Create or abolish any division/unit as may be required by the
exigencies of the service:

Deploy any of its officials or personnel for out-of-country missions including,
but not limited to, assignments as functionaries attached to any
Philippine Embassy, consulate or any other diplomatic office abroad in
coordination with the Department of Foreign Affairs: Provided, That any
expense incurred by the NBI representative in the establishment of his or
her office, including operation and maintenance is shouldered by the NBI;

Hire consultants for such length of time as may be deemed required by
the exigencies of the service;

Issue mission orders and permits to carry firearms outside residence to its
agents;

Designate NBI informants;

Remove, suspend or otherwise discipline NBI personnel for @ cause in
accordance with Civil Service Rules and Regulations and other pertinent
laws, in any of the following circumstances:

1. When the charge is serious and the evidence of guilt is strong, or

2. When the respondent is notoriously undesirable.

Perform any and all acts necessary, proper or incidental to the attainment of
the purposes and objectives of this Act; and

Perform such other related functions as may be provided by law or authorized
by the Secretary of Justice.

SEC. 10. Powers and Functions of the Investigative Staff. - The Investigative staff
of the NBI shall have the following powers and functions:

a)

b)

c)

4)

Conduct searches, arrests and seizures in accordance with existing laws,
rules and regulations;

Issue subpoenas or subpoena duces tecum for the appearance of any person
for investigation; Deliberate and unjustified failure to obey the subpoena
herein mentioned shall render the person concemed liable for obstruction
of justice under P.D. 1829;

Take and require sworn statements of any person or persons so summoned
in relation to cases under investigation;

‘Administer oaths in cases under investigation; and


we wv

1

e)

SEC.

Own, possess and cary, 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: Provided, That no previous special permit for such possession
shall be required.

11. Benefits and Privileges. - The NBI shall provide its employees with the

following benefits:

a)

b)

a)

Health care services through a Health Maintenance Organization (HMO).
Expenses for the mandatory annual executive check-up of all regular
employees shall be for the account of the NBI;

Accident insurance policies for all employees, procured by the NBI at its own
expense, while in the performance of their official duties and functions;

Without prejudice to efficiency in the service, grant trainings, scholarships and
seminars to deserving employees, on official time and at the expense of
the NBI, to upgrade their knowledge and skills: Provided, That grantees
under this provision shall be selected on the basis of merit as
determined by competitive examination;

Longevity pay subject to guidelines that shall hereafter be issued by the
NBI Director in accordance with existing laws and regulations; and

A Provident Fund which shall consist of contributions made by both
the management and member - employees to a common fund to
provide additional benefits to NBI employees The Fund shall be
provided with a capital to be sourced from, among others, retained
collection from clearance fees. Said Fund shall be augmented by
counterpart contributions of NBI personnel at an amount to be agreed
upon by the management and member - employees.

SEC. 12. Retirement Benefits. - Upon attaining sixty (60) years of age with at least

fifteen (15) years of continuous government service, or upon accumulation of thirty (30)
years of satisfactory continuous service, whichever is earlier, an NBI personnel shall be
compulsorily retired and shall be entitled to receive benefits provided by law. Monetary

incentive / special allowances shall, for retirement purposes, be an integral part of a retiree's

basic salary.


SEC. 13. Legal Assistance. — A special trust fund shall be established to assist
NBI personnel who are criminally charged in connection with the performance of their official
functions. Aside from legal assistance, medical, funeral and other assistance shall be
extended by the Director when necessary. Five percent (5%) of the NBI annual income
from clearance fees and other fees should be set aside for this purpose.

SEC. 14. Seminars and Other Professional Fees. - Subject to 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 Education (MCLE) course shall be borne by the NBT.

Moreover, professional membership, registration fees, including the mandatory
continuing professional education (CPE), and related miscellaneous expenses of other
employees holding positions for which a professional license is required by the NBI, shall be
borne by the NBI.

SEC.15, 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,

SEC.16, Franking Privilege. - All official mail matters of the NBI addressed for
delivery within the Philippines shall be received, transmitted and delivered free of charge:
Provided, That such mail matters when addressed to private persons or non-government
offices shall not exceed one hundred and twenty (120) grams; Provided further, That use
of this privilege for non-official purposes shall be a ground for disciplinary action.

SEC. 17. Grant of Special Allowances. - The investigative and non-investigative
personnel of the NBI 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 19 hereof: Provided, That said special allowance shall not exceed One Hundred
percent (100%) of the basic salary of the NBI personnel concerned as provided for
in R.A. No. 6758 otherwise known as the Salary Standardization Law of 1989, as amended.

SEC. 18. Use of NBI Clearance Fees and other fees. - The NBI shall be
authorized to use all of its collections from clearance fees to augment its operational

expenses such as but not limited to capital outlay, expenses for health care
services, career advancement and professionalization, legal assistance. seminars and


other professional fees, among others. The NBI Director shall also have the authority to
determine and impose other fees when necessary.

SEC. 19. Funding Source. - The funds required for the implementation of this Act
including employee benefits shall be taken from:

1. Allcollections from NBI clearance and certification fees;

2. All service incomes from trainings, DNA, drug tests, confirmatory and
neurological tests and the like;
Ten Percent (10%) of the proceeds of confiscated/forfeited articles from the
cases investigated by the NBI upon the order of the court;

4. Other miscellaneous incomes; and

5, Other fees which may be determined or imposed by the Director.

SEC. 20. Effect of Subsequent Salary Increases. - Upon implementation of any
subsequent increased in the salary rates provided under R.A. No. 6758, as amended, all
special allowances granted under Section 17 hereof shall be considered as an

o

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 shall continue to be granted as such and shall
continue to be funded under the immediately preceding Section.

SEC. 21. 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.

SEC. 22, Transitory Provisions. - All unexpended appropriations, real and
personal property, contracts, records and documents relating to the existing NBI shall
be transferred to the reorganized NBI.

All rights, obligations and liabilities of the existing NBI shall likewise be deemed to be
fights, obligations and liabilities of the reorganized NB,

All incumbent officials and personnel of the NBI shall continue in office and
perform their duties as such without need of reappointment Provided, That the
incumbent Assistant Director shall continue in Office as Deputy Director and the incumbent


Deputy Directors shall continue in office as Assistant Directors of their respective or
equivalent services.

Incumbent special investigators shall be deemed regular agents provided they meet
the qualifications set forth under Section 4 hereof within two (2) years from the
effectivity of this Act,

SEC. 23. Repealing Clause. - Pertinent provisions of Executive Order 292, the
Revised Administrative Code of 1987, as amended, R.A. No. 460 dated December 3, 1997,
RA. 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.

SEC. 24. Separability Clause. - If any provision of this Act is declared invalid or
unconstitutional the provisions not affected thereby shall continue to be in full force
and effect.

SEC. 25. Effectivity. - This Act shall take effect after fifteen (15) days from its
publication in the Official Gazette or in two (2) newspapers of general circulation in
the Philippines,

Approved,