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EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. ba

Introduced by Representative Michael L. Romero

EXPLANATORY NOTE

The National Bureau of Investigation, came into existence on 19 June 1947.
The NBI is a Division under the Department of Justice. It shall be composed of
such personnel as may be necessary, in the discretion of the Secretary of Justice,
and its duties shall be to help in the detection and prosecution of crimes; to
acquire, collect, classify and preserve criminal identification records; and to
obtain information on all matters affecting the public interest.

The National Bureau of Investigation shall:

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

2. To render assistance, whenever properly requested in the investigation or
detection of crimes and other offenses;

3. To act as a national clearing house of criminal and other information for the
benefit use of all prosecuting and law enforcement entities of the Philippines;
identification records of identifying marks, characteristics, and ownership or
possession of all firearms as well as of test bullets fired therefrom;

4. To give technical aid to all prosecuting and law enforcement officers and
entities of the government as well as the courts that may request its services;

5. To extend its services, whenever properly requested in the investigation of
cases of administrative or civil in nature in which the government is interested;


6. To establish and maintain an up-to-date scientific crime laboratory and to
conduct researches in furtherance of scientific knowledge in criminal
investigation;

7. To perform such other related functions as the Minister (Secretary since 1987)
of Justice may assign from time to time.

This House Bill seeks to provide the National Bureau of Investigation (NBI) with
additional modernization funding to enhance its investigative functionality.

Thus, the early passagé of this bill is earnestly requested.

L. ROMERO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. Bal

Introduced by Representative Michael L. Romero

AN ACT

PROVIDING FOR THE MODERNIZATION OF THE NATIONAL
BUREAU OF INVESTIGATION (NBI), PROVIDING FUNDS
THEREFOR, EXPANDING ITS CAPABILITY AND EFFECTIVITY, AND
FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

CHAPTER I
GENERAL PROVISIONS
SECTION 1. TITLE — This Act shall be known as the National
Bureau of Investigation Modernization Act of 2020.

SECTION 2. DECLARATION OF POLICY — It is hereby a declared
policy of the State to foster an effective, modern, proficient and highly trained
investigative body, functionally integrated and national in scope.

The State shall create policies and programs to modernize the National
Bureau of Investigation (NBI) with expanded structure, capability and
manpower, responsive to the demands of the current times.


SECTION 3. MODERNIZATION AND EXPANSION — The National
Bureau of Investigation (NBI) is hereby modernized to adequately meet the
increasing demands of an expanded investigative and detective work.

It 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 present organizational structure of the NBI shall be reorganized into the
Office of the Director, Office of the Deputy Director for Administration, Office of
the Deputy Director for Operations, Offices of the Assistant Directors for
Investigation Service, Intelligence Service, Comptroller Service, Human Resource
and Management 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.

SECTION 4 POWERS AND FUNCTIONS OF AGENTS. — The
agents of the NBI shall have the following powers and functions:

i Undertake investigations pursuant to the mandate of the NBI;

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

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

sv Administer oaths in cases under investigation; and

v Such other functions as may be assigned by the NBI Director.

SECTION 5. BENEFITS AND PRIVILEGES. — The NBI shall
provide its personnel with the following benefits:

i, Health care services through a Health Maintenance Organization (HMO)
for its regular employees;


. Accident insurance policies for all employees;

iii, Trainings, scholarships, and seminars to deserving employees to
upgrade their knowledge and skills, on official time and at the expense
of the NBI;

iv. Longevity pay, subject to guidelines that shall hereafter be issued by the
NBI Director in accordance with existing laws and regulations and
subject further to the approval of the DBM Secretary;

v. Hazard pay, subject to pertinent laws and rules; and

vi. 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 6. SEMINARS AND OTHER PROFESSIONAL FEES. —
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
NBI. Likewise, professional membership fees, 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.

CHAPTER II
APPROPRIATIONS

SECTION 7. RETENTION AND USE OF NBI CLEARANCE FEES
AND OTHER FEES. - The NBI shall be authorized to retain and use every year
Forty percent (40%) of its collections from clearance fees for its modernization
and 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:


Provided, That in no case shall said annual appropriation exceed Three
hundred million pesos (P300,000,000.00)

SECTION 8. FUNDING SOURCE. — The funds required for the
implementation of this Act, including employee benefits, shall be taken from:

a) Collections from NBI clearance and certification fees;

b) _ Incidental income from trainings, tests, and the like;

©) _ Proceeds from the sale of confiscated /forfeited articles after public
auction from the cases investigated by the NBI upon order of the court;

d) Other fees which may be determined and imposed by the Director;
and

e) ‘The General Appropriations Act.

CHAPTER III
SUPPLETORY PROVISIONS

SECTION 9. TRANSITORY PROVISION- Existing industries,
business and offices affected by the implementation of this Act shall be given six
(6) months transitory period from the effectivity of the IRR or such other period
as may be determined, to comply with the requirements of this Act.

SECTION 10. IMPLEMENTING RULES AND REGULATIONS. - The
departments and agencies charged with carrying out the provisions of this Act
shall, within sixty (60) days after the effectivity of this Act, formulate the
necessary rules and regulations for its effective implementation.

This shall be under the supervision of the NBI Director, in coordination with
the Secretary of Justice.


CHAPTER IV
MISCELLANEOUS PROVISIONS

SECTION 11. REPEALING CLAUSE. - All laws, decrees, executive
orders, rules and regulations, or parts thereof inconsistent with the provisions
of this Act are hereby repealed or modified accordingly.

SECTION 12. SEPARABILITY CLAUSE. - If, for any reason, any
section or provision of this Act is held unconstitutional or invalid, the other
sections or provisions hereof shall not be affected thereby.

SECTION 13, EFFECTIVITY CLAUSE. - This Act shall take effect
after fifteen (15) days from its publication in the Official Gazette or in at least two

(2) national newspapers of general circulation whichever comes earlier.

Approved,