FIlfTEENTH CONGRESS OF THE 
REPUBLIC OF THE I'HlLIPI'INES 
Second Regular Session 
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) 
) 
SEN ATE 
'11 
COMMITTEE REPORT NO. 
57 
Scp 7 [' 
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Submitted jointly by the Committees on Justice and I-Iuman Rights and Finance on __ 
SEP 2 [) 2U11 
. 
2970 
Re: 
Senate Bill No. ------~ 
Recommending its approval in substitution o[S. Nos 128,2724 and 2810. 
Sponsor: Senator Escudero 
MR. PRESIDENT: 
The Committees on Justice and Human Rights and Finance to which was referred 
S. No. 128, introduced by Senator Franklin M. Drilon, entitled: 
"AN ACT 
TO STRENGTHEN THE NATIONAL BUREAU OF INVESTIGATION, 
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES." 
S. No. 2724, introduced by Senator Edgardo J. Angara, entitled: 
"AN ACT 
REORGANIZING AND MODERNIZING THE NATIONAL BUREAU OF 
INVESTIGATION, PROVIDING NECESSARY FUNDS THEREFOR, AND FOR 
OTHER PURPOSES." 


And S.No. 2810, introduced by Senator Ramon Revilla, Jr., entitled: 
"AN ACT 
REORGANIZING AND MODERNIZING THE NATIONAL BUREAU OF 
INVESTIGATION, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER 
PURPOSES." 
have considered the same and have the honor to report them back to the Senate with the 
recommendation that the attached Senate Bill No. 
29 '( 0 
, prepared by 
the Committees, entitled: 
"AN ACT 
REORGANIZING AND MODERNIZING THE NATIONAL BlJREAU OF 
INVESTIGATION, J)ROVIDING FUNDS THEREFOR, AND FOR OTHER 
PlJRPOSES." 
be approved in substitution ofS. Nos. 128,2724 and 2810 with Senators Drilon, Angara, 
Revilla and Escudero as authors thereof. 


Respectfully Submitted: 
Comlnitte 
Member, 
SEN. TEOFISTO L. 
Vice ClltlilJluiIl, COl1lmitt 
CUe. on Finance 
INGONAlII 
, '-::=:-~~~=':~~===~~~=--==~~==~ 
SEN:-LORE.l'I~:bEGARDA 
Cttes. on Justice & Hnancc 
/' FI..Ckt L[ / 
SEN. SERGIO R. OSMENA IIJ 
Otes. on Justice & Finance 
~ 
\\-::~------
SE~. ~NtONIO F. TRILLANES IV 
SEN.G 
Chairmen: 
Members: 
SEN. FRANCIS G. ESCUDERO 
Committee on Justice and I-Iuman Rights 
Member, Ctte. On Finance 
, 
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SEN. rOKER P. ARROYO 
CUes. on Justice & Finance 
A. "Y ',~v 
SEN. AQUI~tNO "KOKO" PIMENTEL III 
Cttes. On Justice & Finance 


SEN. FERDINA DR. MARCOS, JR. 
N. PANGILINAN 
Ctte. on Finance 
SEN. PIA S. CAYETANO 
~ARfo~~ 
CUe. on Finance 
CUe. on l'inance 
Ex-Officio Members: 
~~/~ ~iI 
SEN. ALAN PETER S. CAYETANO 
SEN. VICENTE c~)fo III 
Senate Minority Floor Leader 
Senate Majority FlOOl\eacler 
HON. JUAN PONCE ENRILE 
Senate President 
Senate of the Philippines 
Pasay City 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
SecollrlRegulnr Session 
) 
) 
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SENATE 
S. B. No. 2970 
Prepared by the Committees on Justice and Human Rights and Finance with Senators 
Drilon, Angara, Revilla and Escudero as authors thereof. 
AN ACT 
REORGANIZING AND MODERNIZING THE NATIONAL BUREAU OF 
INVESTIGATION, PROVIDING FUNDS THEREFOR, 
AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines ill 
Congress assel1lbled: 
SECTION 1. SIlort Title. -
This Act shall be known as the "National Bureau of 
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Investigation Reorganization and Modernization Act of2011. " 
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SEC. 2. Declaratioll of Policy. - It is the policy of the state to promote and maintain a 
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modern, competent and highly trained investigative body, functionally integrated and national in 
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scope. 
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Toward this end, the state shall formulate plans and programs to enhance and modernize 
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the National Bureau of Investigation (NBI), with expanded structure, capability and manpower, 
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responsive to the demands ofthe times. 
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SEC. 3. Reorganization, Modernization aJulExpansio/l of tile National Bureau of 
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Investigation. - The National Bureau of Investigation, hereinafter referred to as the NBI, lS 
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hereby reorganized and modernized. 
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The National Bureau of Investigation (NBI) shall implement a modernization program 
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geared towarcls the acquisition of state-of-the-art investigative and intelligence equipment and 
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the establishment of forensic ancl scientific laboratories. The program shall include provisions 
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tor the training of its personnel in this regard. 
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The investigative and non-investigative staff of the NBI shall be increased and their 
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positions upgraded to adequately meet the increasing demands of an expanded investigative and 
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detective work. 


The present organizational structure oflhe NBI shall be reorganized into the Office of the 
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Director, OCfice of the Deputy Director for Administration and Office ofthe Deputy Director for 
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Operations, Office of the Assistant Dircctors for Investigation Service, Intelligence Service, 
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Comptroller Service, Intcrnal Audit Scrvice, Forensic and Scientific Research Service, Legal 
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Service, and Information and Communications Technology Service. 
Each service shall be 
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composed of the necessary divisions and sections. 
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The NBI s)la11 establish a Regional Office in every region and a sub-office in every 
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province, to be headed by a Regional Director and Head Agcnt, rcspectively. Field offices in 
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Congressional Districts shall likewise be established/maintained. 
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The investigative and non-investigative staff of the NBI occupying the positions affected 
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by the changes embodied in this Act at the time of its approval shall thereafter occupy (he 
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positions by this Act, and discharge the duties and functions of their new positions and receive 
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the corresponding salary and benefits without the necessity of any new appointment. 
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SEC. 4. Qualifications of NBf Agents: 
a.) Citizen of the Philippines; 
b.) Of good moral character; 
c.) A member of the Philippine Bar or a Holder of a Baccalaureate Degree who passed 
the necessary Government licensure examination; and 
d.) Other qualifications [or appointment as may be required by the NBl. 
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 NBI. 
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SEC. 5. Compensation. - The Director, for pnrposes of salary and benefits, shall have 
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the equivalent rank of an Undersecretary. 
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Salaries and benefits of other Bureau officials and persolUlel shall be reckoned [rom the 
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salary level ofthe Director. 
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Subject to availability of funds, salaries and privileges of NBI persolmel may be fmther 
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increased in amounts to be determined by the Department of Budget and Management (DBM) 
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and the NBI director. 
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SEC. 6. 
Powers alld FUllctio/ls. - The NI3J shall have the following powers and 
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functions: 
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a.) Undertake investigation and detection of crimes and other oficnses against the laws 
ofthe Philippines, upon its own initiative and as public interest may require; 
Once the Nl3I commences the investigation of any crime or offense, it shall 
continue to be the lead agency in the investigation until its conclusion. Where the 
investigation of ~U1y 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 NJ3I 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 Legislativc fild Executive branches of the 
Government; 
c.) Act as repository for the following: 
I. 
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 tbe 
NBI; 
3. Dental records pursuant to Presidcntial 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 ofthe Government, when so requested; 
e.) Establish an NBI Academy which shall be responsible lor the recruitment, training 
and development of all NBI agents and persolmel; 
f.) Establish and maintain an integrated, comprehensive anel state-of-the-art network, 
equipment and facilities to be llsed by the NBI in its criminal investigation, detection 
and evidence gathering, and to provide the corresponding training in this regard; 
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g.) Establish and maintain a Cyber Investigation and Assessment Center which shall 
serve as the nerve center for computcr, information technologies, data on cyber crime 
cases, computer intrusion, threats and other related crimes or activities; 
h.) Establish and maintain a Forensic and Scientific Research Center which shall servics .. 
as the primary center for forensic and scientific research in ii,lrtherance 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 
andlor -controlled corporations, in its anti-crime drive. Such assistance may include 
thc use of the enlisted agency's personnel and facilities upon prior approval of the 
head of the agency concerned; 
k.) Conduct intelligencc operations in furtherance of the foregoing powers and functions; 
1.) Enter into any contract or transaction for the acquisition, ownership, possession, 
administration, lease, disposition 01' acceptance of real or personal property in its 
name; and 
111.) Perform such other related functions as the President or the Secretary of Justice may 
assIgn. 
SEC, 7. Jurisdiction. - The NBt 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 wherc the 
penalty to be imposed is imprisonment for not less than six years. 
2. 
Cases where the allegcd offenders are members of organized groups or 
syndicates. 
3. 
Cases of I Juman Trafficking. 
4. 
Cybcrcrimc Cases. 
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Cases involving commercial, economic e11d financial crimes. 
6. 
Cases involving national security. 
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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 intcrested. 
9. 
Identification of the dead/victims in case of mass fatality incident caused by 
natural disasters. 
Pl'Ovidecl, however, That the President, Secretary of Justice or NBI Director may 
direct investigation of any crime when public interest so requires; and Provided fia'! hel', 
That the NBI shall have authority to investigate all crimes not assigned exclusively to 
other law' enforcement agencies; And Provided finally, That once the NBl lakes 
cognizance of a case within its primary jurisdiction, all other agencies shall provide 
supportive role in the investigation. 
The NBl may likewise exlend its services, whenever properly requesled, in the 
investigation of cases of administrative or civil nature in which the government is 
interested. 
SEC. 8. The NBI Director, Otller 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: 
a. Director 
b. Deputy Director 
c. Assistant Director 
d. Regional Director 
e. Assistant Regional Director 
f. 
Head Agent 
g. Supervising Agent 
h. Senior Agent 
i. 
Agent III 
J. 
Agent II 
Ie Agent I 
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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 und Assistant Dircctors. He shall serve for a term of three (3) years without 
reappointment. 
Bureau officials, from Director I to Bureau Director, shall be appointed by the 
Prcsident of the Philippines llPon the recommendation of the Personnel Selection Board 
(PSB) as approved by the NBI Director. 
forensic doctors, chcmists and other experts shall be called Special Agents. Their 
ranks shall be equal to regular agents. 
The PSB shall be composcd 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 thcreof. 
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 govcrnment eligibility rcqnircmcnts. This scparate merit system 
shall provide for the career development program for each position and rank and shall 
apply to all incumbent officials and employees ofthe Bureau. 
SI~C. 9. Powers and Functions of tfle Director. - The Director shall have the 
following powers and functions: 
a.) Formulate policies, guidelines and programs to effectively carry out the 
purposes ofthis Act; 
b.) Direct, control and supcrvise the administration and operations of the NBl; 
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 NBl, its officials and personnel; 
d.) Determine, ii'om time to time, subject to availability of Cunds, the limits to 
which. in terms of amount and period covered, reasonable allowances, 
incentives, bonuscs, privileges and other benefits may be given to Bureau 
employees; 
c.) Create or abolish any division/unit as may be required by the exigencies of 
the sevice; 
f.) Deploy any of its officials or personnel for out-of-country missions including, 
but not limited to, assigrullents as li.mctionaries attached to any Philippine 
Embassy, consulate or any other diplomatic oflice abroad in coordination with 
the Department of Foreign Affairs: Provided, That any expense incurred by 
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the NUl representative in the establishment of his or her otTice, including 
operation and maintenance. is shouldered by the NBI; 
g.) [lire consultants for such length of time as may be deemed required by the 
exigencies of the service; 
h.) Issue mission orders and permits to carry firearms outside residence to its 
agents; 
i.) Designate NBI informants; 
j.) Remove, suspend or otherwise discipline NBI personnel for a cause in 
accordance with Civil Service Rules and Regulations and other pertinent laws, 
in any of the following circumstances: 
1.) When the charge is serions and the evidence of guilt is strong, or 
2.) When the respondent is notoriously undesirable. 
k.) Perform any and all acts necessary, proper or incidental to the attainment of 
the purposes and objectives of this Act; and 
I.) Perform such other related functions as may be provided by law or authorized 
by the Secretary of Justice. 
SEC. 10. Powers alld FUllctions of the investigative Staff. - The Investigative 
staffofthe NBI shall have the following powers and flmctions: 
a.) Conduct searches, arrests and seizures in accordance with existing laws, rules 
and regulations; 
b.) Issue subpoenas or subpoena duces tecum for the appearance of any person 
for investigation; 
Deliberatc and unjustified failure to obey the subpoena 
herein mentioned shall render the person concerned liable for obstruction of 
justice under P.D. 1829; 
c.) Take and require sworn statements of any person or persons so summoned in 
relation to cases under investigation; 
d.) Administer oaths in cases under investigation; and 
c.) 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: Provided, 
That no previous special permit for such possession shall be required. 
SEC. 11. Benefits alld Privileges. - The NBI shall provide its employees with 
the following benefits: 
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a.) Health care servIces through a IIcalth Maintenance Organization (HMO). 
Expenses for the mandatory annual executive check-up of all regular 
cmployees shall be for thc account of the NB1; 
b.) Accident insLll'ance policies for all employees, procured by the NBI at its own 
expense, while in the performance of their official duties and functions; 
c.) Without prejudice to efliciency in the service, grant trainings, scholarships 
and seminars to deserving employees, on ollicial time and at the expense of 
the NBI, to upgrade their Imowledge and skills: Provided That grantees under 
this provision shall be selected on the basis of merit as determined by 
competitive examination; 
d.) Longevity pay subject to guidelines that shall hereafter be issued by the NBI 
Director in accordance with existing laws and regulations; and 
e.) 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 NI31 employees. The Fund shall be provided with a capital to be 
sourced Ii-om, among others, retained collection fi'OlD clearance fees. 
Said 
Fund shall be augmented by counterpatt contributions ofNBI personnel at an 
amount to be agreed upon by the management and member-cmployees. 
SEC. 12. Retirement Benefits. - l.Jpon 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 receivc benefits provided 
by law. 
Monetary incentivc/special allowances shall, for retirement purposes, be an 
integral part of a retiree's basic salary. 
SEC. 13. Legal Assistance. - 1\ special trust fund shall be established lo 
assist NBI personnel who arc criminally charged in connection with the performance of 
their official functions. Aside from legal assistatlCe, medical, funeral and other assistatlce 
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 Otller 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 bome by the NBT. 
Moreover, professional membership, registration fees, 
including the mandatory 
continuing professional education (CPE), and related miscellaneous expenses of other 
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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 providcd with contracted transportation services until such time that 
(he oJIice can procure addilionalmolor vehicles [or this purpose. 
SEC. 16. 
Franking Privilege. -
All official mail matters of the NI3! 
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 
jill'fher, 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 NB! shall be granted special allowances in amounts to be determined by 
the NBi Director and the Department of Budget and Managemcnt (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 hercof: Provided, That said special allowance shall not exceed One Hundred 
percent (100%) of the basic salary of tbe NBI personnel concerned as provided for in 
R.A. No. 6758 otherwise known as the Salary Standardization Law of 1989, as amended. 
S}<X. 18. Use of NBI Clearance Fees and otller fees. - The NBI shall be 
authorized Lo usc all of its collections from clearance fees to augment its operational 
expenses such as but not limited to capital outlay, expenses for health eare 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 bc taken from: 
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All collections fr0111 NBi clearance and certification fees; 
2. All service incomes from trainings, DNA, drug tests, confirmatory and neuro tests 
and the like; 
3. Ten Percent (10%) of the proceeds of confiscated/forfeited articles Ii'om the cases 
investigated by the Nl3lupol1 order oflhe court 
4. Other miscellaneous incomes; and 
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5. Other jees which may be determined or imposed by the Director. 
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SEC. 20. Effect of Subsequent Salat), Increases. - Upon implementation of any 
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subscquent increased in the salary rates provided under R.A. No. 6758, as amended. all 
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special allowances granted under Section 17 hereof shall be considered as an 
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implementation 01' said salary increases as provided by law. 
The special allowances 
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equivalent to thc increase in thc basic salary as may be provided by law shall be convertcd 
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as part of the basic salary: Provided. That the amounts converted as basic salary shall be 
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funded from the regular appropriations of the NBI. Any excess in the allowances granted 
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under this Act not converted to basic salary shall continue to be granted as such and shall 
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continue to be fundcd under the immediately preceding Section. 
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SEC. 21. Implementing Rules and Regulations. - Within sixty (60) days from 
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the approval of this Act, the NBI Director in coordination with the Secretary of Budget and 
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Management shall promulgate such rules and regulations as may be necessary to carry out 
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the provisions of this Act. 
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SEC. 22. 
rrallsit01:V Provisions. - All unexpended appropriations, real and 
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personal property, contracts, records and documents relating to the existing NBl shall be 
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transferred to the reorganized NBl. 
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All rights. obligations and liabilities of the existing NBI shall likewise be deemed 
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to be rights, obligations and liabilities o[the reorganized NBl. 
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All incumbent offlcials and personnel of the NBI shall continue in office and 
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perform their dutics as such without need of reappointment Provided, That tbe incumbent 
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Assistant Director shall continue in Office as Deputy Director and the incumbent Dcputy 
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Directors shall continue in ollice as Assistant Directors o[ their respective or equivalent 
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services. 
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Incumbent special investigators shall be deemed regular agents provided they 
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meet the qualifications set forth under Section 4 hereof within two (2) years [rom the 
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effectivity of this Act. 
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SEC. 23. Repealing Clause. - Pertinent provisions of Executive Order 292, the 
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Revised Administrative Code of 1987, as amended, R.A. No. 460 dated December 3,1997, 
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R.A. No. 157 dated June 19, 1947, Executive Order No. 482 dated May 7, 1998, 
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Administrative Order No. 117 dated February 17. 1994, and all laws, decrees, orders, rules 
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and regulations or pmts thereof which are contrary to or inconsistent with the provisions of 
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this Act, are hereby repealed or amended accordingly. 
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SEC. 24. Separability Clause. - If any provision ofthis Act is declared invalid or 
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unconstitutional the provisions not aJlected thereby shall continue to be in full force and 
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effect. 
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SEC. 25. Effectivity. - This Act shall take eifcct after fifteen (15) days from its 
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publication in the 0 [ficial Gazette or in two (2) newspapers of general circulation in the 
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Philippines. 
Approved, 
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