SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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SENATE 
S. B. No. 429 
Introduced by Senator FRANCIS G. ESCUDEltO 
EXPLANATORY NOTE 
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JUL -4 1\[\ :05 
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 shal1 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 pro~ides for the increase in the investigative and non-investigative staff of the Bureau 
and their p~sitions 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 t1le performance of their official 
functions. 
Passage of this measure is earnestly sought. 
FRANCIS G. ESCUDERO 


SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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SENATE 
S. B. No.429 
Introduced, by Senator FRANCIS G. ESCUDERO 
AN ACT 
'13 
JUL -4 
!1 B :(}5 
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: 
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SECTION 1. Short Title. -
This Act shall be known as the "National Bureau of 
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Investigation Reorganization and Modernization Act. " 
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SEC. 2. Declaration of Policy. - It is the policy of the state to promote and maintain a 
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modern, competent and highly trained investigative body, functionally integrated and national in 
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scope. 
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Toward this end, the state shall formulate plans and programs to enhance and modernize 
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the National Bureau of Investigation (NBI), with expanded structure, capability and manpower, 
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responsive to the demands ofthe times. 
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SEC. 3. Reorganization, Modernization and Expansion of the National Bureau of 
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Investigation. - The National Bureau of Investigation, hereinafter referred to as the NBI, is 
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hereby reorganized and modernized. 
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The National Bureau of Investigation (NBI) shall implement a modernization program 
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geared towa}ds the acquisition of state-of-the-art investigative and intelligence equipment and 
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the establishment of forensic and scientific laboratories. The program shall include provisions 
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for the training of its personnel in this regard. 
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The investigative and non-investigative staff of the NBI shall be increased and their 
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positions upgraded to adequately meet the increasing demands of an expanded investigative and 
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detective work. 
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The present organizational structure of the NBI shall be reorganized into the Office of the 
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Director, Office of the Deputy Director for Administration and Office of the Deputy Director for 
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Operations, Office of the Assistant Directors for Investigation Service, Intelligence Service, 
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Comptroller Service, Internal Audit Service, Forensic and Scientific Research Service, Legal 
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Service, and InfOlmation and Communications Teclmology Service. 
Each service shall be 
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composed of the necessary divisions and sections. 
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The NBI shall establish a Regional Office in every region and a sub-office in every 
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province, to be headed by a Regional Director and Head Agent, respectively. Field offices in 
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Congressional Districts shall likewise be established/maintained. 
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The investigative and non-investigative staff of the NBI occupying the positions affected 
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by the changes embodied in this Act at the time of its approval shall thereafter occupy the 
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positions by this Act, and discharge the duties and functions of their new positions and receive 
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the corresponding salary and benefits without the necessity of any new appointment. 
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SEC.14. Qualifications of NBI Agents: 
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a.) Citizen of the Philippines; 
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b.) Of good moral character; 
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c.) A member of the Philippine Bar or a Holder of a Baccalaureate Degree who passed 
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the necessary Government licensure examination; and 
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d.) Other qualifications for appointment as may be required by the NBI. 
These 
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qualifications and requirements for appointment shall include, among others, passing 
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the competitive mental and physical examination and sufficient instruction and 
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training to be given by the NB1. 
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SEC. 5. Compensation. - The Director, for purposes of salary and benefits, shall have 
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the equivalent rank of an Undersecretary. 
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Salaries and benefits of other Bureau officials and personnel shall be reckoned from the 
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salary level of the Director. 
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Subject to availability of funds, salaries and privileges of NBI personnel may be further 
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increased in amounts to be determined by the Department of Budget and Management (DBM) 
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and the NBI director. 
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SEC. 6. Powers and Functions. - The NBI shall have the following powers and 
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functions: 
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a.) Act as national clearing house of criminal records and other related information for 
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th~ benefit of judicial, quasi-judicial and administrative bodies, all prosecuting and 
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latv enforcement entities, as well as the Legislative and Ex~cutive branches of the 
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Govenunent; 
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b.) Act as repository for the following: 
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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; 
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; 
e.) 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; 
f.) 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 
p}eservation; and provide the necessary training therefore; 
h.) Ebtablish, control, supervise and administer a National Deoxyribonucleic Acid 
(DNA) database which shall be independent from other agencies; 
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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; 
j.) Conduct intelligence operations in furtherance ofthe 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 
I.) PerfOlID such other related functions as the President or the Secretary of Justice may 
assign. 
SEC. 7. Jurisdiction. - The NB1 shall have investigative jurisdiction over the following 
1. Cases involving violations of the Anti-Dummy Law; 
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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; 
5. Cases of Huinan Trafficking; 
6. Cybercrime Cases; 
7. Cases involving commercial, economic and financial crimes; 
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8. Cases involving national security; 
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9.' Cases involving threats to security or assaults against the persons ofthe 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; 
II. 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 NBl shall have authority to investigate all crimes not assigned exclusively to other 
law enforcement agencies; And Provided finally, That once the NBI takes cognizance 
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of a case within its primary jurisdiction, all other agencies shalI 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 folIowing seven (7) Services: 
Investigation Service, Intelligence Service, Comptroller Service, Internal Audit Service, 
Forensic and Scientific Research Service, Legal Service, and Information and 
Comr!mnications Technology Service. 
\ Rank and classification of NBI officials and members 0;' the investigative staff 
shalI be as follows: 
a. Director 
b. Deputy Director 
c. Assistant Director 
d. Regional Director 
e. Assistant Regional Director 
f. 
Head Agent 
g. Supervising Agent 
h. Senior Agent 
i. Agent III 
j. Agent II 
k. Agent I 
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 
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Director for Administration. The PSB shall have the power to recommend, for approval, 
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by the NBI Director, all promotions and selections of personnel an,d the criteria thereof. 
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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 ofthe NBl; 
c.) 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; 
f.) 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; 
h.) Issue mission orders and permits to carry firearms outside residence to its 
agents; 
i.) Designate NBI informants; 
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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 ofthe following circumstances: 
I.) 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 eITIng 
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 
I.) 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 
avd 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 P.D. 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 
e.) 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 rumual executive check-up of all regular 
employees shall be for the account of the NBI; 
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b.) Accident insurance policies for all employees, procured by the NBI at its own 
expense, while in the performance oftheir 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 
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; 
d.) 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 shaH 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 
thitty (30) years of satisfactory continuous service, whichever is earlier, an NBI 
personnel shaH be compulsorily retired and shall be entitled to receive benefits provided 
bylaw. 
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 ofNBI 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 
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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 
Secti<lm 19 hereof: Provided, That said special allowance shall not exceed One Hundred 
percept (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 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: 
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All collections fi'om 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 
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5. Other fees which may be determined or imposed by the Director. 
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SEC. 20. Effect of Subsequent Salary Increases. - Upon implementation of any 
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subsequent increased in the salary rates provided under R.A. No. 6758, as amended, all 
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special allowances granted wIder Section 17 hereof shall be considered as an 
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implementation of said salary increases as provided by law. 
The special allowances 
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equivalent to the increase in the basic salary as may be provided by law shall be converted 
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as part of the basic salary: Provided, That the amounts converted as basic salary shall be 
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funded from the regular appropriations of the NBI. Any excess in the allowances granted 
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under this Act not converted to basic salary shall continue to be gr~ted as such and shall 
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continue to be funded under the immediately preceding Section. 
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SEC. 21. Implementing Rules and Regulations. - Within sixty (60) days from 
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the approval of this Act, the NBI Director in coordination with the Secretary of Budget and 
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Management shall promulgate such rules and regulations as may be necessary to carry out 
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the provisions of this Act. 
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SEC. 22. 
Transitory Provisions. - All unexpended appropriations, real and 
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personal property, contracts, records and documents relating to the existing NBI shall be 
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transferred to the reorganized NBI. 
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All rights, obligations and liabilities of the existing NBI shall likewise be deemed 
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to be rights, obligations and liabilities of the reorganized NBI. 
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All incumbent officials and personnel of the NBI sha11 continue in office and 
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perform their duties as such without need of reappointment Provided, That the incumbent 
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Assistant Director shall continue in Office as Deputy Director and the incumbent Deputy 
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Directors shall continue in office as Assistant Directors of their respective or equivalent 
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services. 
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Incumbent special investigators shall be deemed regular agents provided they 
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meet the qualifications set forth under Section 4 hereof within two (2) years n'Om the 
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effectivity ofthis Act. 
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SEC. 23. Repealing Clause. - Pertinent provisions of Executive Order 292, the 
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Revised Administrative Code of 1987, as amended, R.A. No. 460 dated December 3, 1997, 
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R.A. No. 157 dated June 19, 1947, Executive Order No. 482 dated May 7, 1998, 
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Administrative Order No. 117 dated February 17, 1994, and all laws, decrees, orders, rules 
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and regulations or parts thereof which are contrary to or inconsiste~t with the provisions of 
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this Act, are hereby repealed or amended accordingly. 
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SEC. 24. Separability Clause. - If any provision of this Act is declared invalid or 
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unconstitutional the provisions not affected thereby shall continue to be in full force and 
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effect. 
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SEC. 25. Effectivity. - This Act shall take effect after fifteen (15) days from its 
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publication in the Official Gazette or in two (2) newspapers of general circulation in the 
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Philippines. 
Approved, 
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