THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
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First Regular Session 
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E N  A T  1897 
S. 8. No. __ 
Introduced by Senator Francis N. Pangilinan 
EXPLANATORY NOTE 
Philippine crime rate continues to escalate in magnitude and intensity. 
Law enforcement agencies do not seem able to deliver and respond 
accordingly to prevent or combat commission of these crimes and offenses. 
It is not so hard to comprehend the rationale for the seeming inability of 
our law enforcement agencies to fight crimes in the country. Our National 
Bureau of Investigation, for one, has its foundation from an age-old 
organizational system and procedures established almost seven ( 7  ) decades 
ago when the National Bureau of Investigation (NBI) was created upon approval 
of Commonwealth Act No. 181 by the legislature on November 13, 1936. 
The NBI, thus, is presently faced with bureaucratic restrictions and resource 
-technology, human, and financial limitations. 
If the National Bureau of Investigation (NBI) is keenly willing and eager to 
fight crimes in the country. the structural challenges of the present institution must 
be addressed. The NBI shall be adequately equipped in terms of fully-trained 
and highly-skilled personnel, state-of-the-art equipment and facilities, and 
competent logistics for mobilization. 
Thus, the instant bill entitled "The National Bureau of Investigation 
Reorganization and Modernization Act of 2005" which proposes to recognize, 
modernize and expand the NBI to provide the agency the much needed 
capacity to successfully address the "high tech" level at which criminals pursue 
their "trade", cannot be more than timely apt. 
In view of the foregoing considerations, the immediate approval of this bill 
is therefore urgently recommended. 


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THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
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First Regular Session 
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S E N A T E  
S. B. No. 3 9 7  
Introduced by Senator Francis N. Pangilinan 
AN ACT 
REORGANlZlNG AND MODERNIZING THE NATIONAL BUREAU OF INVESTIGATION 
AND PROVIDING NECESSARY FUND THEREFOR, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Represenfafives of fhe Philippines in 
Congress assembled: 
SECTION 1. Title. - This Act shall be known as the "Nafional Bureau of 
Invesfigafion Reorganization and Modernization act of 2005". 
SEC. 2. Declaration of Policy. - It is the policy of the State to promote and 
maintain a modern investigative body, functionally integrated and national in 
scope. 
Towards this end, the State hereby adopts the policy of implementing 
plans and programs to ensure respect for the rule of law through a modern, 
professional, competent an effective and wholistic drug treatment and 
rehabilitation system in the country. 
SEC. 3. Reorganization and Modernization of the National Bureau of 
Invesfigafion. - The National Bureau of Investigation (NBI), hereinafter referred to 
as the Bureau, is hereby reorganized and modernized to meet the standards of 
an investigative and detective agency with expanded structure and manpower 
responsive to the demands of the times. The reorganized Bureau shall be under 
the administrative supervision of the Department of Justice (DOJ). 
SEC. 4. Powers and Functions. - The Bureau shall have the following 
powers and functions: 
1 .) To undertake investigation and detection of crimes and other offenses 
against the laws of the Philippines, upon its own initiative or upon 
complaint or request of a private or government entity. 
Once the Bureau has commended its own investigation of any 
heinous crime, it shall be the lead agency to continue the 
investigation. 
Where the investigation of violations of special laws is 
vested upon another agency and said agency has commenced such 
investigation, the Bureau shall exercise only a supportive and 
coordinative role unless directed by the President or the Secretary of 
Justice to conduct an independent 
investigation 
or 
when 
so 
requested by the agency concerned or the victim's family. 
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2) a. To act as a national clearing house of all criminal records and other 
information for the benefit and use of the judicial, quasi-judicial and 
administrative bodies, prosecuting and law-enforcement entities of the 
Philippines, and such other agencies and entities of the government 
whenever necessary in the performance of their mandate; 
b. To act as repository of records of fingerprints, palrnprints, footprints, 
and other identification records; 
c. To act as repository of ballistics records of firearms including but not 
limited to data on ownership, possession and other related identifying 
circumstances: 
d. To act as repository of dental records pursuant to P.D. 1575; and 
e. To have control and supervision over the National DNA Database. 
3) To render technical assistance to the judicial, quasi-judicial and 
administrative bodies, prosecuting and law-enforcement agencies, 
and such other agencies or entities of the government whenever 
requested; 
4) To establish district the National Bureau of Investigation National 
Academy which shall be responsible for the training and development 
of the human resources of the Bureau and other government entities 
as well as those of the private sector; 
5) To establish district offices in every congressional district in the country 
(except in Metro Manila) 
6) To establish adequate and suitable rehabilitation centers nationwide 
for drug dependents to be known as NBI DRUG AND REHABILITAJION 
CENTERS whose main function is to provide medical, psychiatric and 
other related services to drug dependents admitted in said Centers; 
7) To establish and maintain modern forensic science laboratories 
nationwide, and to conduct researches and avail of training and 
development programs (local and foreign) in furtherance of scientific 
knowledge in criminal investigation and detection: 
SJ To esfablish and maintain an integrated, comprehensive, and state-of- 
the-art communications network, equipment, and technical services 
and provide and/or avail corresponding training on said fields; 
9) To enlist the assistance of the Philippine National Police (PNP), Armed 
Forces of the Philippines (AFP), or any other branch, department, 
bureau, office, agency or instrumentality of the government including 
government-owned and/or controlled corporation, in the anti-crime 
drive, which may include the use of the enlisted body's personnel, 
facilities, and resources for a more resolute prevention, detection, and 
investigation of crimes and the prosecution of criminal offenders; and 
10)To perform such related functions as the Secretary of Justice may 
assign from time to time. 
SEC. 5. Structure. - The Bureau shall be composed of a Director, a Deputy 
Director, and eight (8) Assistant Directors for the following services: 
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1. Special Investigation Services: 
2. Regional Operations Services: 
3. Intelligence Services: 
4. Comptroller Services; 
5. Administrative Services: 
6. Human Resources Services; 
7. Technical Services; and 
8. Legal Services. 
It shall maintain the present regional offices and expand the existing 
district offices by establishing an NBI District Office in every congressional district 
nationwide [except in Metro Manila): 
The Bureau shall be composed of at least fourteen thousand (14,000) 
employees, five thousand (5,000) of whom shall be Agents/Special Investigators 
deployed in all congressional district and who, together with the existing and 
qualified personnel of the NBI, shall form the nucleus of the newly organized and 
modernized Bureau: Provided, That such number of employees may, from time 
to time, as the exigency of the service may require, be increased by the Director. 
SEC. 6. The Director. -The Bureau shall be headed by a Director who shall 
be appointed by the President of the Philippines for a term of six (6) years who 
may not be removed from office except for cause. He shall have the same rank, 
salary and privileges of an Undersecretary. In case of permanent vacancy, the 
next appointee to the position shall serve only the unexpired portion of the term. 
SEC. 7. Qualifications of the Director. - The Director of the Bureau must be 
a citizen of the Philippines; a member of the Integrated Bar of the Philippines 
(IBP) in good standing of at least ten 110) years prior to his appointment; must be 
a career officer of the Bureau either as Deputy Director or Assistant Director, and 
must have served the Bureau for a continuous period of at least ten (10) years. 
SEC. 8. Powers and Functions of the Director. -The Director shall have the 
following powers and functions: 
(1 I 
As the disciplining authority in the Bureau, to resort to summary 
proceedings subject to due process of law, order the removal 
or dismissal of any employee of the Bureau who are non- 
presidential 
appointees, under 
any 
of the 
following 
circumstances: 
a) When the charge is serious and the evidence of guilt is strong: 
b) When the respondent is a recidivist or has been repeatedly 
charged and there is reasonable ground to believe that he is 
guilty of the present charge; and 
c) When the respondent is notoriously undesirable. 
PROVIDED, That the removal or dismissal, except those by the President 
himself or upon his order, may be appealed to the Civil Service Commission 
[CSC). 
12) 
Establish policies and standards for effective, efficient and 
economical operation of the Bureau in accordance with the 
programs of government; 
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Exercise direct supervision and control over all functions and 
activities of the Bureau including the transfer of officials and 
personnel in the exigency of the service; 
Promulgate rules and regulations necessary to carry out the 
objectives, policies, plans and programs of the Bureau; 
Establish as many regional branches and/or district offices and 
divisions as the exigencies of the services may require; 
To determine from time to time, and depending on the 
availability of funds, the limits to which, in terms of amount and 
period covered, 
hazard, amelioration, allowance, 
and 
incentive pay that may be given to employees of the bureau; 
To deploy any Bureau official and 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 (DFA); 
To hire consultants for such length of time as may be deemed 
required by the exigencies of the service; 
To appoint confidential agents and issue permits to carry 
firearms outside of residence and mission orders; 
Perform such other related functions as may be provided by law 
or authorized by higher authority. 
SEC. 9. Deputy Director and Assistant Directors: Their qualifications and 
functions. - The Director shall be assisted by a Deputy Director and eight (8) 
Assistant Directors whose basic qualifications and functions are herein below 
stated: 
a. 
Deputy Director. He must be a citizen of the Philippines and a 
member of the Integrated bar of the Philippines (IBP) in good 
standing and must have rendered a minimum of ten (10) years as 
Assistant Regional Director or three (3) years as Regional Director; 
Assistant Director for Special Investigation Services. He must be a 
citizen of the Philippines and a member of the Integrated Bar of the 
Philippines (IBP) in good standing, and must have rendered a 
minimum of ten (IO) years continuous and satisfactory service to 
the Bureau, three (3) years of which must have been as Regional 
Director or five (5) years as Assistant Regional Director; 
Assistant Director for Regional Operations Services. He must be a 
citizen of the Philippines and a member of the IBP in good standing, 
and must have rendered a minimum of ten (10) years continuous 
and satisfactory service to the Bureau, three (3) years of which must 
have been as Regional Director or five 15) years as Assistant 
Regional Director; 
Assistant Director fro Intelligence Services. He must be a citizen of 
the Philippines and a member of the IBP in good standing, and 
must have rendered a minimum of ten (10) years of continuous and 
satisfactory service to the Bureau, three (3) years of which must 
b. 
C. 
d. 
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have been as Regional Director or five (5) years as Assistant 
Regional Director. 
Assistant Director for Administrative Services. He must be a citizen of 
the Philippines, a member of the IBP in good standing and must 
have rendered a minimum of fen (lo) years of continuous and 
satisfactory service to the Bureau, three (3) years as Regional 
Director or five (5) years as Assistant Regional Director; 
Assistant director for Comptrollership Services. He must be a citizen 
of the Philippines and a member of the IBP in good standing and 
must have rendered a minimum of ten (10) years continuous and 
satisfactory service to the Bureau, three (3) years of which must 
have been as Regional Director or five 
(5) years as Assistant 
Regional Director; 
Assistant Director for human Resources Development Services. He 
must be a citizen of the Philippines and a member of the IBP in 
good standing and must have rendered ten (10) years continuous 
and satisfactory service to the bureau, three (3) years of which 
must have been as Regional Director or five (5) years as Assistant 
Regional Director ; 
Assistant Director for Technical Services. He must be a citizen of the 
Philippines and a member of the IBP in good standing and must 
have rendered ten (IO) years continuous and satisfactory service to 
the bureau, three (3) years of which must have been as Regional 
Director or five (5) years as Assistant Regional Director : 
Assistant Regional Director for Legal Services. He must be a citizen 
of the Philippines and a member of the IBP in good standing who 
must have rendered either actual continuous service as Legal 
Officer for at least (10) years, five (5) years of which must be as 
Chief of any Division under the service or must have been as 
Regional Director for at least three (3) years or five (5) years as 
Assistant Regional Director. 
e. 
f. 
g. 
h. 
i. 
Ail Assistant Directors shall have equal rank and basic salaries. 
SEC. 10. Basic Qoalificafions of the Regional Directors. - There shall be a 
Regional Director (RD) in every regional office who shall be appointed by the 
President of the Philippines. The Regional Director must be an Agent of the 
Bureau, at least forty (40) years of age, and must have rendered a continuous 
and uninterrupted service in the Bureau for at least ten (10) years, seven (7) years 
of which must have been with the investigate or intelligence service. 
The Regional Director is the alter-ego of the Director in his area of 
responsibility; he implements policies and programs of the Bureau: and performs 
such other functions and duties as are assigned to him by the Director. 
SEC. 11. Basic qualificafions of the Assisfanf Regional Direcfor. - Assistant 
Regional Director (ARD) shall be appointed by the President of the Philippines. 
The Assistant Regional Director must be an Agent of the Bureau, at least thirty five 
(35) years of age, and must have rendered a continuous and an interrupted 
service in the Bureau for at least eight (8) years, five (5) years of which must have 
been in a supervisory capacity in the investigative or intelligence service. 
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SEC. 12. Qualifications of NBI Agents. - Agents of the Bureau rnust be 
citizens of the Philippines, of good moral character, members of the Integrated 
Bar of the Philippines (IBP) in good standing; 
Only Agents of the Bureau shall be appointed to the positions of Chiefs 
and Assistant Chiefs of Divisions of the Investigative, Intelligence and Regional 
Operations Services. 
SEC. 13. Powers and Functions of NBI Agenfs. - The Director, Deputy 
Director, Assistant Directors. Assistant Regional Directors and Agents shall have 
the following powers and functions: 
1. 
To make arrest, searches and seizures in accordance with existing 
laws, rules and regulations; 
2. 
To issue subpoena or subpoena duces tecum: PROVIDED. That 
failure to obey a subpoena or subpoena duces fecurr) issued 
under this Section without justification shall be punished for 
contempt under the Rules of Court; 
To take sworn statements of any person or persons so summoned 
in relation to cases under investigation, subject to constitutional 
restrictions; 
To administer oaths pertaining upon cases under investigation: 
To own, possess, and carry outside of 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 person in custody: PROVIDED, That no previous 
special permit for such possession shall be required; and PROVIDED, 
further, That the Director, in appropriate cases may in his discretion 
issue such permit to possess and carry firearms outside of residence 
to persons as may be necessary in the interest of the service; and 
To have access, secure, take custody and photocopy any and all 
private and public records which may be used as evidence in 
connection with any investigation being conducted by the Bureau, 
notwithstanding existing laws to the contrary. 
3. 
4. 
5. 
6. 
SEC. 
14. Qualifications of Special Investigators. - Agents in the 
investigation of cases shall be supported, assisted and complemented by 
Special Investigators. Special investigators shall be under the supervision of 
Agents and whose minimum qualifications are as follows: 
a) 
Must be citizens of the Philippines: 
b) 
Must be a holder of a four-year college degree; 
c) 
Must have at least two years of study leading to a 
bachelor's degree in law: 
d) 
Must have passed a government licensure examination 
administered by the Professional Regulations Commission 
(PRC) or a holder of a first grade civil service eligibility. 
SEC. 15. Duties and Functions of Special Invesfigators. - The Bureau's 
Special Investigators shall have the following duties and functions: 
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1. 
2. 
3. 
To make arrest, searches, and seizures in accordance 
with existing laws, rules and regulations; 
To take sworn statements of any person or persons so 
summoned in relations to cases under investigation, 
subject to constitutional restrictions; and 
To own, possess, and carry outside of 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 person 
in custody: PROVIDED, That no previous special permit 
for such possession shall be required; and PROVIDED, 
further, That the Director, in appropriate cases may in 
his discretion issue such permit to possess and carry 
firearms outside of residence to persons as may be 
necessary in the interest of the service. 
SEC. 16. Non-Agent lawyers and Other Specialized Technical Support 
Personnel. - Non-agent lawyers and highly specialized technical personnel such 
as physicians, chemist and the like shall enjoy the same salary, benefit, and 
privileges of the Bureau's Special Investigator, provided they have passed the 
appropriate government licensure examination administered by the Professional 
Regulation Commission (PRC) for the particular field. 
SEC. 17. Exemption from the Salary Standardization Law. - All positions in 
the reorganized Bureau shall be exempted from the coverage of Republic Act 
No, 6758 otherwise known as the "Salarv Standardization Law". 
SEC. 18. Longevity Pay. - All Bureau officials and regular employees shall 
be entitled to a month longevity pay as follows: 
a) 
b) 
c) 
5% of his base pay after five (5) years of continuous and faithful 
service; 
10% of his base pay after ten (10) years of continuous and faithful 
service; 
15% (maximum) of his base pay after fifteen years of continuous 
and faithful service. 
SEC. 19. Deafh and Disability Benefit. - The compulsory heirs or the 
designated beneficiaries of the Bureau's Agents, Special Investigators, or any 
member of the investigative team who may die while in the performance of their 
official functions shall receive the amount of Five Hundred Thousand Pesos 
(P500.000.00) as death benefit: Provided, That if permanent disability results from 
the performance of official function. the Agent, Special Investigator, or member 
of the investigative team, shall likewise receive said death benefit. 
For this purpose, the amount of fifty million pesos (P50,000,000.00) is hereby 
appropriated as initial fund and thereafter such amount shall be increased from 
time to time so as to respond to future exigencies. 
SEC. 20. Trust Fund for Legal Assistance. - A special fund shall be 
established to assist Bureau Personnel who are charged either before the 
Ombudsman or any judicial body in connection with the performance of official 
function. 
An Amount of Three Million Pesos (P3,000,000.00) is hereby 
appropriated as initial trust fund for this purpose. Two percent (2%) of the 
Bureau's yearly collection of clearance fees shall be appropriated for the 
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implementation and maintenance of the special trust fund. To carry out this 
provision, the Director is hereby authorized to administer and issue implementing 
guidelines as may be necessary therefore. 
SEC. 21. Transitory Provisions. - All unexpected appropriations, real and 
personal property, contracts, records, and documents relating to the existing 
NBI shall be transferred to the newly reorganized and modernized Bureau. 
All rights, obligations and liabilities of the existing NBI shall likewise be 
deemed to be the rights, obligations and liabilities of the newly reorganized 
and modernized Bureau. 
Officials and employees of the existing NBI shall be absorbed into the 
newly reorganized and modernized Bureau on the Basis of continued satisfactory 
performance: Provided, That officers and employees who shall be separated 
from the service as a result of the reorganization and modernization shall be 
entitled to gratuity as specified under civil service laws, rules and regulations or 
under the law of general application in force at the time of their separation. 
SEC. 22. Appropriations. - For the implementation of this Act, there is 
hereby appropriated an initial amount of One Billion Three Hundred Million Pesos 
(P1,300,000.00) intended for salaries and wages, traveling and other expenses of 
personnel, supplies, materials and equipment and for such other expenditures as 
may be needed for the operation and maintenance of the Bureau. Henceforth, 
the appropriation provided in the current General Appropriations Act and other 
special laws for the implementation of this Act. 
Additional funding to 
fully 
implement the required personnel, 
maintenance and other operations and capital outlays down to congressional 
district levels shall be included in the subsequent agency annual budget: 
Provided, That the organizational framework and staffing pattern of the newly 
reorganized and modernized Bureau shall be prescribed and approved by the 
Director within sixty (60) days after the approval of this Act and authorized 
positions created herein shall be filled by regular appointments by the Director. 
Towards such objectives, the Bureau is hereby authorized to retain fifty 
percent (50%) of its revenues from fees collected from the issuance of 
clearances and other related services to augment operating and maintenance 
expenses, including additional confidential/intelligence expenses: overtime pay; 
outlays for the acquisition of investigative/intelligence and forensic laboratory 
equipment, as well as outlays for the construction of buildings. 
SEC. 23. Periodic Performance Evaluation. - The Bureau shall formulate 
and enforce a system of measuring and evaluating periodically and objectively 
its performance and submit its report annually to the President through the 
Secretary of Justice 
SEC. 24. Implementing Rules and Regulations. - The Bureau shall 
promulgate the necessary rules and regulations for the effective implementation 
of this Act. 
SEC. 25. Repealing Clouse. -The provisions of Republic Acts Nos. 157, 2389 
and 2478 and all other acts or Executive issuance inconsistent herewith are 
hereby repealed or amended accordingly. 
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SEC. 26. Separabilify Clause. - If any provision of this Act is declared 
unconstitutional, the same shall not affect the validity and effectivity of the other 
provisions hereof. 
Sec. 27. Effecfivity. - This Act shall take effect after fifteen (15) days 
following its complete publication in the Official Gazette or in at least two (2) 
newspapers of general circulation. 
Approved,