Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16" CONGRESS,
First Regular Session

a4
Gi

HOUSE BILL No! !

Introduced by REP. EVELINA G. ESCUDERO

EXPLANATORY NOTE

This proposed legislation seeks to modernize our National Bureau of Investigation (NBI)
and provide its expanded structure, capability and manpower, responsive to the demands of the
times.

In this bill, 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 also 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, as well as additional compensation, benefits and privileges
such as trainings, free health insurance, accident insurance and scholarship grants.

Passage of this measure is earnestly sought.

EVELINA G. ESCUDERO


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16" CONGRESS
First Regular Session

1161
HOUSE BILL NOY +

Introduced by REP. EVELINA G. ESCUDERO

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 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. — \t is the policy of the state to promote and maintain a
modern, 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 modemize
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 modernized.

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.


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‘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 necessi

y 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, passing
the competitive mental and physical examination and sufficient instruction and
training to be given by the NBI.

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)


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;

2. 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;

¢.) 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;

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Establish and maintain a Cyber Investigation and Assessment Center which shall
serve as the nerve center for computer, information technologies, data on cyber crime
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


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cases:

the use of the enlisted agency's personnel and facilities upon prior approval of the
head of the agency concerned;

j.) 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
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;

4. Cases where the alleged offenders are members of organized groups or
syndicates;

Cases of Human Trafficking;

Cybererime Cases;

Cases involving commercial, economic and financial crimes;

Cases involving national security;

ween ay

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.


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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

. Deputy Director
Assistant Director

ao

|. Regional Director

°

Assistant Regional Director
f Head Agent

Supervising Agent
. Senior Agent

i. Agent Ill

j. Agent Il

k. Agent!

No person shall be appointed Director unless he is a natural-born 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;

d.) 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;

e.) 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;

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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;

2.) Hire 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 serious and the evidence of guilt is strong, or


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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

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 concerned liable for obstruction of
justice under PD. 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

¢.) 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;

c.) Without prejudice to efficiency in the service, grant trainings, scholarships

and seminars to deserving employees. on official time and at the expense of


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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

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 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 borne 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


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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

career

advancement and professionalization, legal assistanc

seminars and other professional

fees, among others, in

dance 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. All collections 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


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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 NBI.

All rights, obligations and liabilities of the exii

ing NBI shalll likewise be deemed
to be rights, obligations and liabilities of the reorganized NBI.

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
As

istant 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,
R.A. 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.

publication in the Official Gazette or in two (2) newspapers of general circulation in the

This Act shall take effect after fifteen (15) days from its

Philippines.

Approved,