Republic of the Philippines < APRESS
HOUSE OF REPRESENTATIVES S CN
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILLNO. 1139

Introduced by HONORABLE MARCELINO “MARCY” R. TEODORO

EXPLANATORY NOTE

This measure seeks to establish a national crime database that will be a very
useful tool in the eradication of crime and criminal elements in the country.

sentially, the proposal's main purpose is to provide a compu
for ready access by a criminal justice agency making an inquiry
prompt disclosure of information in the system from other criminal justice agenc
about crimes and criminals. This information assists authorized agencies in crim
justice and rel w enforcement objectives, such as apprehending fugi
locating missing persons, locating and returning st
protection of the law enforcement officers encountering the individuals d:
the system

such system will facilitate the resolution of cases being inve:
nt authorities if the latter have immediate access to upda’ ted crim ing

records.

wed escalation of orimes with lawless elements
and syndicates habitually committing crimes to the detriment of peace and or
the public welfare. Individuals and families have been victimized and bruta’
heinous crimes, with criminals usually committing them with impunity.
matters worst, some law enforcement people who are supposed to be prote
the citizens take advantage of their positions also in the pursuit of
undertakings.

The Philippines’ statistics sho

In view of the foragoing, immediate approval of this bill is hereby sought.
=

MARCELINO “MARCY” R. TEODC

Reprosentative, 18 District

City of NV



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bittno._1199

Introduced by HONORABLE MARCELINO “MARCY” R. TEODORO

AN ACT
ESTABLISHING A NATIONAL CRIME DATABASE

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

SECTION 1. Short title.-This Act shall be known as the “National Crime Database
Act”

SECTION 2. Purposes.- The purposes of this Act are:

(A) To create a complete and accurate nationwide criminal record database thal is
an element in fighting crime;

(8) To required the National Bureau of Investigation and the Philippines National
Police to provide information and records for the National Identification Index and the
National Fingerprint File in order to provide criminal history records in a timely fashion, to
create criminal history records repositories, and for non-criminal justice purposes, to update
existing criminal records system that are currently outdated and contain incomplete or
incorrect information; and

(C) To make accessible detailed databases of criminal history records, including
arrest and dispositions.

SECTION 3. Definition of Terms. - For purposes of this Act, the term:

(A)" Crime database officer” means, an official so designated by the Director of the
NBI as the chief administrator of the region's criminal history record repository or a
designee who is a regular full-time employee of that repository.

(B) “Criminal history records” means information collected by criminal justice
agencies on individuals consisting of identifiable descriptions and notations of arrests,
detentions, indictments, or other formal criminal charges, and any disposition arising
therefrom, including acquittal,sentencing, correctional supervision, or release. The terms
does not include identification information such as fingerprint records if such information
does not indicate involvement of the individual with the criminal justice system

(C) * Criminal history record repository” means the agency designated by the
appropriate executive official or the legislature to perform centralized record-keeping
functions for criminal-history records and services in the State.

(D)" Criminal justice” encompasses any of the following activities; detection,
apprehension, detention, pre-trial release, post-trial release, prosecution, adjudication,
correctional supervision, or rehabilitation of accused persons or criminal offenders. The
administration of justice shall include identification activities and the collection, storage and
dissemination of criminal history records.


(E) "Criminal-justice agency” means the courts or a government agency or sub-unit
thereof which performs the administration of criminal justice pursuant to a statute or
executive order, and which allocates a substantial part of ils annual budget to the
administration of criminal justice.

(F) “Criminal Justice services" means services provided by the NBI to criminal justice
agencies in response to a request for information about a particular individual or as an
update to information previously provided for criminal justice purposes.

(G)'Direct access” means access to the National Identification Index by computer
terminal or other automated means not requiring the assistance of or intervention by any
other party or agency.

(H)"NBI"means the National Bureau of Investigation
(!) "PNF"means the Philippine National Police.

(J)"Interregional Identification Index System’or “III System” means the system for the
storage of criminal history records and includes the national Identification Index, the
National Fingerprint File, and the criminal history records repositories of the NBI, the PNP,
the Courts, and other criminal justice agencies.

(K)'National Fingerprint File” means a database of fingerprints, or other uniquely
personal identifying information, about an arrested or charged individual maintained by the
NBI to provide position identification of record subject indexed in the Ill System.

(L)’National Identification Index’ means an index maintained by the NBI consisting of
names, identifying numbers, and other descriptive information relating to record subjects
about whom there are criminal-history records in the Ill System.

(M) “ National indices” means the National Identification Index and the National
Fingerprint File.

(N)’Non-criminal justice purposes"means uses of criminal history records for crime
prevention and other legitimate law enforcement purposes authorized by law including, but
not limited to, employment suitability or licensing determinations, immigration and
naturalization malters, and national security clearances.

(0)’Positive identification'means a determination, based upon a comparison of
fingerprints or other equally reliable biometric identification techniques, that the subject of a
record search is the same person ast the subject of a criminal-history record or records
indexed in the III System

(P)'Regional units"means the NBI or PNP regional units covering the fourteen (14)
geographical regions in the Philippines, unless otherwise specified.

(Q)"NBI National Office” means the main office which shall have control over the
national indices of the national crime database.

SECTION 4, Establishment of National Crime Database Council. - (A) There is
hereby established a National Crime Database Council which shall have the authority to
promulgate rules and procedures governing the use of the III System for criminal justice and
non-criminal justice purposes. The Council shall be located, for administrative purposes,
within the NBI main office. The Council shall be organized and its first meeting held as
soon as practicable after the effective date of this Act.

(B) The Council shall consist of the eight (8) members:

(1) Director of the National Bureau of Investigations;


(2) Secretary of Justice;
(3) Secretary of the Interior and local Government;

(4) Court Administrator;

(5)Chief of the Presidential Anti-Organized Crime Task Force;

(6) Director of the Philippine National Police Computer Center; and

(7) Representative of a non-government organization involved in crime
prevention and eradication,

(C ) The Chairman of the Council shall be a member of and be elected by the
members of the Council. The Chairman shall serve a two-year term and may be re-elected
to only one additional one-year term.

(D) The Chairman may establish technical or other committees as may be necessary
and may prescribe their membership, responsibilities and duration.

SECTION 5. Development of plan for Establishing a National Crime Database.~

(A) In General. - Not later than forty-five (45) days after the date of enactment of this
Act, the National Crime Database Council, in coordination with other criminal-justice
agencies, and after consultation with the different regional directors of both the National
Bureau of Investigation and the Philippine National Policies, shall develop a plan on how to
create a national crime database, using the interregional identification index system or Ill
system, to which the criminal justice agencies shall have direct access.

(B) Objective, - The objective of the plan developed under paragraph (A) shall be to
established a national crime database, which shall include the criminal history records, with
samples of fingerprints, and the disposition of cases, if any. The existing database of
criminal history records being used for employment or travel clearances shall be updated
and integrated with the proposed national crime database,

SECTION 6. Responsibilities of Criminal Justice Agencies.-
(A) NBI Responsibllities.-
(1) The NBI Director shall appoint an NBI Crime Database Officer who will:

(a) Have the responsibility for administering the provisions of this
Act within the NBI and the criminal justice agency community;

(b) Ensure that any provision and rules, procedures and standards
established under this Act are complied with; and

(c) Regulate the use of records received by means of the Ill
System from other criminal justice agencies when such records are
supplied by the NBI directly to other criminal justice agencies.

(2) The NBI will provide to criminal justice agencies and to regional
criminal history record repositories, criminal-history records
maintained in its database for non-criminal justice purposes
described in Section 3, paragraph (N).

(3) The NBI will provide to telecommunications networks and _maintain
centralized facilities for the exchange of criminal-history records for both criminal justice and


non- criminal justice purposes described in Section 3, paragraphs (D) and (N). The
NBI will ensure that the exchange of these records for criminal justice purpose has priority
over exchange for non-criminal justice purposes.

(4) The NBI shall modify or enter into user agreements with regional criminal-
history record repositories to require them to establish record-request procedures
conforming to those prescribed in this Act.

(B) Responsibilities of the NBI and PNP Regional Units.-
1, Each regional units shall appoint a crime database officer who will:

(a) Have the responsibility of administering the provisions of this
Act within that region;

(b) Ensure that provisions, rules, procedures, and standards
established under this Act, and other forthcoming implementing rules are complied
with in the region; and

(c) Regulate the in region use of records use of records received
by eans of the Ill System from the NBI National Office or from other
criminal justice agencies.

2, Each regional criminal-history record repository will:

(a) Provide information and records for the National Identification
Index and the National Fingerprint File:

(b) Provide the region's III System ~ Indexed criminal history records
for non-criminal justice purpose describe in Section 3, paragraph (N); and (c) Be
managed by the regional NBI unit.

3. Each regional unit will participate in the National Fingerprint File

4, Each regional unit will provide and maintain telecommunications and
related equipment necessary to support the services set forth in this Act.

(C) The Courts.-

4. The courts will provide the date concerning the disposition of cases, to
be included in criminal history record.

2. The courts will provide the information as to the status of pending
cases.

(D) Compliance with ID System Standards.- In carrying out their responsibilities
under this Act, ‘criminal justice agencies and the NBI will comply with system rules,
procedures, and standards duly established under this Act and any implementing rules or
regulation issued by the National Crime Database Council, concerning dissemination and
use, response time, data quality, system security, and other aspect of system operation.

(E) Maintenance of Records Service.-

4. Use of the Ill System for non-criminal justice purpose authorized in this Act shall
be managed so as not to diminish the level of provided in support of criminal -justice
purpose.

2. Administration of the provisions of this Act shall not reduce the level of service
available to authorized non -criminal justice users on the effective date of this Act.


SECTION 7. Authorized Record Disclosures.-

(A) To the extent authorized by our laws which authorize national indices checks, the
NBI National Office criminal- history record repository will provide on request criminal
history records to regional criminal history record repositories for non-criminal justice
purpose

(B) The NBI National Office criminal history record repository and regional criminal
history record repositories will provide criminal history records to criminal justice agencies
and other governmental or nongovernmental agencies for non-criminal justice purpose
allowed by our laws, which authorized national indices checks.

(C) Records obtained under this Act may be used only for the official purposes for
which they were requested. Implementing rules and regulations shall be issued, that shall
establish procedures and measures consistent with the provisions of this Act, to ensure that
records are used only by authorized officials for authorized purpose and to require that
subsequent record checks are requested to obtain current information whenever a new
need arises. These procedures must ensure that record entries that may not legally be
used for a particulars non-criminal justice purpose will be deleted from the response and, if
no information authorized for release remains, an appropriate “ no record” response will be
communicated to the requesting official.

SECTION 8. Record Request Procedure.-

(A) Applicant fingerprints or approved forms of positive identification will be
submitted with all requests for criminal for-history record checks for non-criminal justice
purposes;

(B) Requests for criminal- history record check utilizing the National Indices made
under any law shall be submitted through that regional criminal-history record repository. A
regional criminal history record repository will process interregional requests for non-
criminal justice purposes through the national indices only if such requests are transmitted
through another regional criminal- history record repository or the NBI National Office;

(C) Requests for criminal — history record checks utilizeng the National Indices any
law shall be submitted through the NBI National Office or, if the repository consents to
process fingerprint submissions, through the repository in the region in which such requests
originated, Direct access to the National Identification Index by entities other than the NBI
National Office and regional criminal-history records repositories shall not be permitted for
non-criminal justice purposes;

(D) The NBI National Office and the regional criminal-history record repository may
charge fees for handling requests involving fingerprint processing for non -criminal justice
purposes. No fees will be charged, however, for providing criminal-history records. in
response to an electronic request for that does not involve a request to process fingerprints;

(E) Ifa regional repository cannot positively identify the subject of a record request
made for non criminal justice purposes, then the request, together with fingerprints or other
approval identifying information, will be forwarded to the NBI National Office for a search of
the national indices. If, the NBI positively identifies the subject as having an III System-
indexed records or records; then the NBI will so advise the regional repository that
submitted the request. The repository will then be entitled to obtain additional criminal
history record information from the NBI or other regional repositories.

SECTION 9. Criminal History Record Updates. - The National Crime Database
Council shall issue guidelines that shall requires:

(A) That all arrest report and final disposition orders are submitted to the nearest


regional repository, or if there is none, to the NBI National Office Criminal History records
repository within seven (7) days;

(B) the regional repository to enter these records and orders into the database not
more than twenty four (24) hours after the repository receives the information:

(C) The NBI regional unit handling the repository to conduct audits, at least annually,
of the region's criminal records to ensure that such records contain correct and complete
information about every arrest and report the result of each audit to the National Crime
Database Council;

(D) The NBI Regional Director whose unit is managing the regional repository to
certify to the National Crime Database Council, on January 1: of each year , that the
criminal justice agencies, courts, and records officials of the regions are in compliance with
this Section; and

(E) Such other conditions as the National Crime Database Council determine are
necessary.

SECTION 10. Authorized Appropriations, - For the purpose of carrying out this Act,
there are authorized to be appropriated to the National Crime Database Council Ten Million
Pesos (P10,000,000.00) for every fiscal year and such sums as may be necessary to carry
out the provisions of this Act.

SECTION 11. Separability Clause. - If any part hereof, is held invalid or
unconstitutional, the remainder of the provision not otherwise affected shall remain valid
and subsisting.

SECTION 12. Repealing Clause. - Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation contrary to or
inconsistent with, the provisions of this Act is hereby repealed, modified or amended
accordingly.

SECTION 13. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,