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Nineteenth Congress
Second Regular Session
HouseBi||No.9351
Introduced by:
HON. MARISSA "DEL MAR" MAGSIN0
0FW PARTYLIST
EXPLANATORY NOTE
Republic  Act  No.  10867,  also  known  as  the  `National  Bureau  of Investigation
Reorganization and Modernization Act', declares the policy of the State to promote and
maintain an effective, competent and highly trained investigative body with expanded
capability and responsive to the demands of the times.
TheNational     Bureau    of    Investigation(NBI)is    the     premier    agency    of
the Philippine  government under  the Department  of Justice,  responsible  for  handling
and solving major high-profile cases that are in the interest of the nation. It is essentially
modelled after the United States' Federal Bureau of Investigation (FBI).
This  bill  seeks  to  strengthen  the  NBI  by  expanding  its  primary  investigative
jurisdiction  over  certain  types  of  cases  that  require  its  expertise,  including  cases
involving   rebellion,   insurrection   or   terrorism,   illegal   recruitment,   violations   of
environmental laws, and cases involving falsification of documents.
`Investigative jurisdiction' refers to the power of a law enforcement agency to
investigate a matter and enforce certain actions against the subject of the investigation,
without exercising adjudicative jurisdiction. On the other hand, `primary investigative
jurisdiction'  pertains  to  the  doctrine  allowing  an  agency  the  initial  opportunity  to
investigate a case, particularly that which requires specialized knowledge and expertise
possessed  by the  agency,  with  the  other  concerned  law  enforcement agencies  on  a
subordinate role.
Today,  the  realities  of investigative  work  present  the  multiple  challenges  of
sophisticated  and  controversial  crimes,  some  involving paramount national  interests
that require quintessential knowledge and specialized skills to resolve. The  type and
nature of evidence required to take these cases through the criminal justice chain, and


the way in which this evidence can be gathered, have also become more complex. As a
result, investigative work is becoming increasingly specialized. It is for this reason that
the NBI was established and needs to be strengthened.
For  this  reason,  the  immediate  consideration  and  approval  of the  proposed
measure is earnestly urged.
Hife[s:!¥EL#R,"MA#


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Nineteenth Congress
Second Regular Session
HouseBi||No.9351
Introduced by:
HON. MARISSA "DEL MAR" MAGSIN0
0FW PARTYLIST
ANACT
EXPANDING THE PRIMARY JURISDICTION OF THE NATIONAL BUREAU OF
INVESTIGATION, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 10867,
OTHERVISE KNowrN AS THE ,NAT[oNAL BUREAU oF [NVEST]GAT.oN
REORGANIZATI0N AND MODERNIZATION ACT'
Be  it  enacted  by  the  Senate  and  the  House  of Representatives  Of the  Republic  of the
Philippines in Congress assembled :
Section     1.   Section  5  of Republic Act No,  10867,  otherwise  known  as  the  `National
Bureau of Investigation Reorganization and Modernization Act', is hereby amended to
read as follows:
Sectl'on 5.  The NBI shall have primary jurisdiction to undertake investigations in
the following cases:
a)   Human trafficking AND ILLEGAL RECRUITMEI\IT cases [in all airports in the
Philippinos];
b)   Extrajudicial/Extra-legal   killings   OR  THREATS   T0   THE   SECURITY   OR
ASSAULTS   AGAINST   THE   PERSON   OF   MEDIA   PRACTITIONERS   AND
ACTIVISTS   committed   by   the   state's   security   forces    [against   media
practitioners and activists];
c)   Killings  OR  THREATS  TO  THE  SECURITY  0R  ASSAULTS  AGAINST  THE
PERSON of justices and judges;
d)   xxxxx


e)   xxxxx
XXXXX
g)   Cases  involving  THE  KILLING,  threats  to  security  or  assaults  against  the
person  of the  President,  Vice-President  Senate  President,  Speaker  of the
House   of   Representatives,   [Chief  Justice   of   tho   Supromo   Gourt]   THE
OMBUDSMAN,     AND      CHAIRPERSONS     AND      MEMBERS     0F     THE
CONSTITUTIONAL COMMISSIONS;
h)   xxxx
i)    Identification of the dead/victims in case of mass fatality incidents caused by
natural OR HUMAN-INSTIGATED disasters; [al]
j)    xxxx
K)  CASES INVOLVING REBELLION, INSURRECTION OR TERRORISM;
L)   CASES INVOLVING VIOLATIONS 0F ENVIRONMENTAL LAWS; AND
M) CASES INVOLVING FALSIFICATION 0F DOCUMENTS.
Section    2.      All  republic  acts,  executive  orders,  rules  and  regulations,  and  other
issuances,  or parts  thereof, that are  inconsistent with  the  provisions  of this  Act are
hereby repealed or modified accordingly.
Section  3.  This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in at least two (2) national newspapers of general circulation.
Approved.