Republic of the Philippines
asouse ot 3Representattbeg
Quezon City
NINETEENTH CONGRESS
Second Regular Session
HousEBILLNo.10358
JJ.T-.                      ,J      I     --
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Introduced by Representative FRANCISCO ]OSE ``BINGO" F. MATUGAS 11
EXPLANATORY NOTE
The National Bureau of Investigation (``NBI'')  is mandated  to establish and maintain a
modern,  effective,  and  efficient  investigative  service  and  research  agency  for  the  purpose  of
implementing fully its principal functions provided under Republic Act. No. 157, as amended by
Republic   Act   No.   10867   or   the   ``National   Bureau   of     Investigation   Reorganization   and
Modernization Act." The NBI is envisioned to be a world class investigative institution which is
dynamic, respected, trusted and committed to the high ideals of law and order.1
In order to effectively perform its functions, an investigative agency such as the NBI must
not only have sz/Z7poe7i¢ powers but must also have the power to file a contempt case in court to
compel the cooperation of witnesses. Contempt powers are essential to ensure that testimonies
and relevant documents related to the investigation are procured and produced. Moreover, these
powers ensure the preservation of evidence.  Lastly,  the lack of contempt powers renders the
swZ7poe77¢ power with no teeth as it halts investigation. At the moment, the NBI's only recourse,
when its st/Z7poc7" is ignored, is to file a case for obstruction of justice in court. This prolongs any
investigation and renders nugatory its st/bpoe7t¢ power.
Investigative agencies like the Criminal Investigation and Detection Group (CIDG) of the
Philippine  National  Police  (PNP)  have  swbpoc7tfl  powers  and  is  authorized  to  file  an  indirect
contempt case in court. There is no reason why the NBI should not be given the same powers.
In view of the foregoing, approval of this bill is earnestly sought.
FRANCISC0 JOS
First District, Suri
GO" F. MATUGAS 11
Norte (Siargao Island)
1https://nbi.gov.ph/uploads/2024/04/NBI_CC_03222024.pdf.


Republic of the Philippines
asl]use ot 3Repregentdtttieg
Quezon City
NINETEENTH CONGRESS
Second Regular Session
HousEBILLNo.10358
Introduced by Representative FRANCISC0 JOSE ``BINGO" F. MATUGAS 11
AN  ACT  AMENDING  REPUBLIC  ACT  NO.  10867,  OTHERWISE  KNOWN  AS  THE
"NATIONAL     BUREAU     OF     INVESTIGATION     REORGANIZATION     AND
MODERNIZATION ACT" TO PROVIDE PENALTY FOR FAILURE TO  COMPLY
WITH     THE     SUBPOENA     POWER     OF     THE     NATIONAL     BUREAU     OF
INVESTIGATION UNDER  SAID LAW
Be it enacted by the Senate and House Of Representatives of the Philippines in Congress assembled:
1                 SECTION  1. Section 4  (b)  of Republic  Act  No.10867 is  hereby  amended  to  read  as
2       follows :
3                            ``  (b) Issue st/bpoc7" for the appearance of any person for investigation or
4                 production of documents, through its officers from the ranks of Regional Director
5                 to    Director.    FAILURE    TO    COMPLY    WITH    THE    SUBPOENA    SHALL
6                 AUTHORIZE THE FILING OF A CASE FOR INDIRECT CONTEMPT UNDER
7                 THE RULES OF COURT WITH THE REGIONAL TRIAL COURT."
8                 SEC. 2. Separability Clause. -If any provision of this Act shall be declared invalid or
9      unconstitutional, the remaining parts or provisions not otherwise affected shall remain in
10       force.
11                 SEC. 3. Repealing clause. -Any law, decree, ordinance, or administrative circular not
12      consistent  with  any  provision  of  this  Act  is  hereby  amended,   repealed  or  modified
13       accordingly.
14                  SEC. 4. Effectivity clause. -This Act shall take effect fifteen (15) days after its complete
15       publication in the official Gazette or in at least two (2) newspapers of general circulation.
Approved,
2