Republic ofthe Philippines
House of Representatives
@uezan City, Meteo Mila

SIXTEENTH CONGRESS

First Regular Session

House Bill No. 3088

Introduced by Hon. Karlo A. B. Nograles

EXPLANATORY NOTE

This proposed legislation seeks to enhance and modernize the NBI, with expanded
structure, capability and manpower, responsive to the demands of the times

The 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.

It provides for the increase in the investigative and non-investigative staff of the Bureau
and their positions upgraded to adequately meet the increasing demands of an expanded
investigative and detective work

It likewise seeks to provide additional compensation, benefits and privileges such as
trainings, free health insurance, accident insurance and scholarship grants to NBI agents and
employees.

Also, this bill creates a special trust fund for the purpose of providing legal assistance to

NBI personnel who are criminally charged in connection with the performance of their official
functions.

Passage of this measure is earnestly sought. Yantere

LO A. B. NOGRALES


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
SIXTEENTH CONGRESS

First Regular Session

3088

House Bill No.

Introduced by Hon. Karlo A. B. Nograles

ANACT
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 in
Congress assembled:
SECTION 1. Short Title - This Act shall be known as the “National Bureau of

Investigation Reorganization and Modernization Act."

SEC. 2. Declaration of Policy. —It is the policy of the state to promote and maintain
a modem, 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 modemized

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.) A member of the Philippine Bar or a Holder of a Baccalaureate Degree who
passed the necessary Government licensure examination: and

4.) Other qualifications for appointment as may be required by the NBI. These
qualifications and requirements for appointment shall include, among others,

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passing the competitive mental and physical examination and sufficient

instruction and training to be given by the NBL

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.) 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;

b,) Act as repository for the following.

1. All derogatory and criminal records and civilian identification records,

including their identifying marks and characteristics;

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:
c.) 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:


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

¢.) 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:

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

g.) Establish and maintain a 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:

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

i) 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:

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

k.) 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

1) 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 cases
1. Cases involving violations of the Anti-Dummy Law;
2. Extradition Cases:
3. 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:

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4, Cases where the alleged offenders are members of organized groups or
syndicates:

Cases of Human Trafficking:

Cybercrime Cases;

Cases involving commercial, economic and financial crimes:

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Cases involving national security:

9. 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;

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

11, Transnational crimes;

12, Terrorism; and

13, Piracy/Violations of intellectual property

Provided, however, That the President or Secretary of Justice 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:


a. Director

b. Deputy Director
¢. Assistant Director
4. Regional Director
@. Assistant Regional Director
f Head Agent

g. Supervising Agent
h. Senior Agent

i Agent III

jj. Agent I

k. Agent I

No person shall be appointed Director unless he is a natural-bor citizen of the
Philippines, a member of the Philippine Bar and with at least fifteen (15) years of
experience in investigative work, prosecutorial or judicial arm of the government. 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
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 and
such other qualifications consistent with civil service 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:

¢.) 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;

4) Determine, from time to time, subject to availability of funds, and the
approval of the Secretary of the Department of Budget and Management
(DBM), 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:

€) Create or abolish, subject to the approval of the Secretary of the
Department of Justice (DOJ), any division/unit as may be required by the
exigencies of the sevice:

£) 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:

g.) Hire consultants for such length of time as may be deemed required by the
exigencies of the service:

hn) Issue mission orders and permits to carry firearms outside residence to its
agents:

i) Designate NBI informants;

|) 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 serious and the evidence of guilt is strong, or

2.) When the respondent is notoriously undesirable


Provided. However. that when the penalty meted out against an erring
personnel is suspension for more than six (6) months or removal from
service, such suspension or removal from service may be appealed to the

Secretary of Justice and shall not be executor pending such appeal.

k.) Perform any and all acts necessary, proper or incidental to the attainment
of the purposes and objectives of this Act: and

1) 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) 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; 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 swom statements of any person or persons so summoned
in relation to cases under investigation:

.) Administer oaths in cases under investigation: and

€.) 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 and Privileges. — The NBI shall provide its employees

with the following benefits:
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:


b) 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:

4.) 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 Secretary of the Department of Budget and
Management (DBM); 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

SEC. 13. Special Trust Fund. — 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. The
percentage of NBI annual income from clearance fees and other fees to be set aside
for this purpose shall be in accordance with, or provided in the General
Appropriations Act


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 bone
by the NBI. 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 its collections from clearance fees to augment its operational
expenses such as but not limited to capital outlay, expenses for health care services,

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career advancement and professionalization, legal assistance, seminars and other
professional fees, among others, in accordance with, or as may be provided in the

General Appropriations Act.

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 neuro tests
and the like;

3. Ten Percent (10%) of the proceeds of confiscated/forfeited articles from the cases
investigated by the NBI upon 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
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 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 NBL.


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

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