Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Fifteenth Congress
First Regular Session

HOUSE BILL No__ 3309

Introduced by Honorable Roger Gaviola Mercado

EXPLANATORY NOTE

The proposed "National Bureau Of Investigation Reorganization And Modernization Act Of
2011" aims to strengthen the National Bureau of Investigation (NBI) through the restructuring of its
organization and modernizing of its forensic, scientific, investigative and intelligence equipment.

The present organizational structure of the NBI shall be reorganized into the Office of the
Director, Office of the Deputy Director, Office of the Assistant Directors for Investigation Service.
lu'telligence Service, Comptroller Service, Administrative Service, Forensic Service, and Legal
Service.

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.

‘The bill likewise proposes the implementation of a modernization program geared towards the
acquisition of modem 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,

Further, this proposed measure seeks to provide agents and employees of the NBI adequate
compensation, benefits and privileges, such as free health care insurance, accident insurance and
scholarships. A special trust fund is also established under this bill. This trust fund will be used to
provide legal assistance for NBI personnel who are criminally charged with acts in the performance
of their official functions. Two percent (2%) of the yearly collection from clearance fees shall be set
aside for the implementation and maintenance of this special trust fund.

In view of the foregoing, passage of this bill is hereby being earnestly sought.

Gtij a

ROGER GAVIOLA MERCADO



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Fifteenth Congress
First Regular Session

HOUSE BILL No___3309

Introduced by Honorable Roger Gaviola Mercado

TO STRENGTHE,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

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
Bureau of Investigation Reorganization And Modernization Act Of 20 10."

SECTION 2. Declaration of Policy - \t is the declared policy of the
State to promote respect for the rule of law and maintain law and order in
the country. Toward this end, the State shall establish a modern,
professional, competent and highly-trained investigative body, national in
scope, to ensure effective and efficient investigation of crimes, collection
of evidence, and arrest of suspects in the aid of prosecution of crimes.

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. The present
organizational structure of the NBI shall be reorganized into the Office of
the Director, Office of the Deputy Director, Office of the Assistant
Directors for Investigation Service, Intelligence Service, Comptroller
Service, Administrative Service, Forensic Service, and Legal Service. Each
of these shall be composed of the necessary divisions and sections. 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 necessity of any new
appointment.

The NBI shall be under the administrative supervision of the
Secretary of the Department of Justice (DOJ).

SECTION 3. Qualifications of NBI Agents:

1. Citizen of the Philippines;

2. At least twenty-five (25) years of age;

3. Of good moral character; and

4. A member of the Philippine Bar or a Certified Public
Accountant.

SECTION 4. Jurisdiction — The NBI shall have primary
jurisdiction to undertake investigations in the following cases:

a) Crimes committed by government employees and
officials while in the performance of their official
functions

b) Organized/Syndicated Crimes

c) Cyber Crimes

d) Smuggling Cases

e) Piracy/Intellectual Property Violations

f) Economic Sabotage

g) Transnational Crimes

h) Crimes Involving National Security; and

i) Terrorism

Provided, however, that the President or the Secretary of Justice,
may direct the NBI to undertake the investigation of any crime where
public interest so requires.

SECTION 5. 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 prosecuti
and law enforcement entities, as well as the Legislature
and Executive branches of the Government.

(b) Act as repository for all derogatory and criminal records,
Dental records pursuant to P.D. 1575, and A national
deoxyribonucleic acid (DNA) databa

(c) Render forensic assistance to judicial, quasi-;
administrative bodies’, all prosecuting, and law
enforcement entities of the Government, as well as, the
Legislature 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.

dicial and


(e) Establish and maintain modern forensic and scientific
Laboratories and to conduct research in furtherance of
scientific knowledge in criminal investigation, detection
and evidence gathering.

(f) 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.

(g)Enlist the assistance of the Philippine National Police.
Armed Forces of the Philippines, Philippine Drug
Enforcement Agency or any other agency of the
Government, including —_ government-owned-and/or
controlled corporations, in the performance of its
functions. Such assistance may include the use of the
enlisted agency's personnel and facilities, upon the prior
approval of the head of the agency concerned

(h) Conduct intelligence operations in furtherance of the
foregoing powers and functions.

(i) Enter into any contracts of loan or any other transaction
for the acquisition, administration, lease. disposition or
acceptance of real or personal property in its name.

Gj) Perform such other functions as the President of the
Philippines and/ or the Secretary of Justice may assign
from time to time.

SECTION 6. The NBI Director and Other Officials -The NBI
shall be headed by a Director and assisted by a Deputy Director and an
Assistant Director for each of the following eight services: Investigation
Service, Intelligence Service, Comptroller Service, Administrative Service.
Forensic Service, and Legal Service. The NBI shall and maintain Field
Offices to be determined by the Director with the concurrence of the
Department of Justice.

SECTION 7. Powers and Functions of the Director - Ve
Director shall have the following powers and functions:

1) Establish policies and standards for the efficient and effective
operation of the NBI in accordance with the programs of the
Government;

2) Exercise direct supervision and control over all NBI employees,

their functions, responsibilities and activities;

3) Promulgate rules and regulations necessary to carry out the NBI's
objectives, policies, plans and programs;

4) Establish as many field offices and divisions as the exigencies of
the service may require;

5) Deploy any of its officials or personne! for out-of-the-country
missions;

6) Hire consultants for such length of time as may be deemed
required by the exigencies of the service:

7) Issue firearms licenses, permits to carry firearms outside

residences;


8) Designate NBI informants;

9) Subject to Civil Service laws, rules and regulations, order the
dismissal of any NBI employee (non-presidential appointee), in
any of the following circumstances;

a. When the charge is serious and the evidence of guilt is
strong,
or;
b. When the respondent is notoriously undesirable

10) Exercise other related functions as may be provided by law or as

authorized by the President and/or the Secretary of Justice.

SECTION 8. Qualifications and Appointment of the Director ~
‘The Director shall be appointed by the President and shall hold office for a
term of three (3) years. He shall have the same rank, salary and privileges
of a secretary of a department. No person shall be appointed Director,
unless he is a citizen of the Philippines, a member of the Philippine Bar
and with at least fifteen years experience in investigative work,
prosecutorial or judicial arm of the Government.

SECTION 9. Qualifications and Appointment of Deputy Director
and Assistant Directors - The Deputy Director shall be appointed by the
President. He shall have the same rank, salary and privileges of an
undersecretary of a department. No person shall be appointed Deputy
Director unless he is a citizen of the Philippines, must have been an NB]
agent and must have served as an NBI Assistant Director. The Assistant
hall be appointed by the President. They shall have the same
ary and privileges equivalent to an assistant secretary of a
department. They must have been an NBI agent for at least 10 years and
must have served as NBI Regional Director.

SECTION 10. Qualifications and Appointments of Regional
Directors - ‘The Regional Director shal! be appointed by the NBI Director
upon recommendation of the NBI's Promotion and Selection Board. Must
have rendered at least ten years of continuous service in the NBI as an NBI
agent, and must have served as Assistant Regional Director.

SECTION 11. Qualifications and Appointments of Assistant
Regional Directors -The Assistant Regional Director, in every NBI
Regional Office, shall be appointed by Director upon the recommendation
of NBI’s Promotion and Selection Board. No person shall be appointed
Assistant Regional Director unless he is a citizen of the Philippines, and
must have rendered at least ten years of continuous service in the NBI as
an NBI agent, three years of which have been as Head Agent.

SECTION 12. Promotions of NBI Agents -Agents shall be
promoted by the Director upon recommendation of NBI's Promotion
Board.


SECTION 13. Powers and Functions of the Investigative Staff
The investigative staff of the NBI shall have the following powers and
functions:

1. Conduct searches, arrests and seizures in accordance with the
existing laws, rules and regulatior
Issue subpoena or subpoena duces fecum for the appearance at
Government expense 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; unjustified non-compliance of said Subpoena
shall be a ground for Contempt of Court upon proper petition
with the Regional Trial Court. .

. Take sworn statements of any person under investigation
Administer oaths in cases under investigation:

. 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; and

6. Have access, examine, secure, take custody of and photocopy

Public records: Provided, That as regards public and/ or bank
records, such access need noi be upon prior approval with the
court in cases involving a verified complaint for malversation
penalized under the Revised Penal Code, violation of the Anti-
Graft and Corrupt Practices Law (RA 3019). the Anti-Money
Laundering Law of 2001 (RA 9160), Code of Conduct and
Ethical Standards of Public Officials (RA 6713).
Comprehensive Dangerous Drugs Law of 2002 (RA 9165),
Plunder Law (RA 7080) or the Human Security Act of 2007
(RA 9372). The refusal to allow NBI any a

cc

yaw

to,
amination and/ or handling of records mentioned in this
paragraph shall render the person concerned liable for
obstruction of justice under PD 1829.

SECTION 14, Benefits and Privileges

employees with the following benefits:

1) Health care services through a health maintenance organization
(HMO), Expenses for the mandatory annual executive check-up
of all employees with the salary grade of twenty five (25) and
upwards shall be for the account of the office:

2) Accident insurance policies for all employees procured by the
office at its own expense during travels while in the
performance of their official duties and functions: and

3) Without prejudice to efficiency in the service, grant scholarships

to deserving employees on official time and at the expense of
the Office to upgrade their knowledge and skills: Provided, that
scholars under this provisions shall be selected on the basis of
merit as determined by competitive examination

-The NBI shall provide its

ECTION 15. Legal Assistance - A special trust fund shall be
established to assist NBI personnel who are criminally charged with acts
the performance of their official -functions. Two percent (2%) of NBI's



yearly collection from clearance fees and any interest accruing thereto
shall be appropriated for the implementation and maintenance of said
special trust fund.

SECTION 16. Seminar and Other Professional Fees - Subject ©
the 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
Educations (MCLE) course shall be borne by the office. Moreover.
professional membership, registration fees, including the Mandatory
Continuing Professional Education (MCPE), and related miscellaneous
expenses of other employees.

SECTION 17, 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.

SECTION 18. Franking Privilege A\\ official mail matters and
telegrams of the NBI addressed for delivery within the Philippines shall be
received, transmitted and delivered free of charge of the government postal
service: Provided, that such mail matters when addressed to private
persons or non-government offices shall not exceed one hl ;tndred and
twenty (120) grams;

Provided, finally, that use of this privilege for non-official purposes.
shall be a ground for dismissal from the service.

SECTION 19. Grant of Special Allowances - Vhe investivativs
staff of the NBI occupying positions with Salary Grade 24 and above shall
be granted special allowances in amounts to be determined by the NBL
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 22 hereof: Provided, That said special allow
shall not exceed One Hundred percent (100%) but lower that fitty percent
(50%) of the basic salary of NBI personnel concerned as provided in
Republic Act No. 6758, otherwise known as the Salary Standardization
Law

SECTION 20. Retention of 25% of NBI Clearance fees - the
NBL shall be authorized to retain at twenty-five percent 0) of its
collection from clearance fees to augment its operational expenses
including capital outlay.

SECTION 21. Funding Source - .The funds required for the
implementation of this Act including employee benefits shall be taken
from:

1) Collections from NBI Clearance and certification fees:

2) Service incomes from trainings, DNA, Drug Tests. Contirmatory

and Neuro tests and the lik



3) Seizures; and
4) Other miscellaneous incomes.

SECTION 22. Effect of Subsequent Salary Increases-
Upon implementation of any subsequent increases in the salary rates
provided under Republic Act No. 6758, as mentioned, all special
allowances granted under Section 21 hereof shall be considered as an
implementation of said salary increases as provided by law, The special
allowances 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 continues to be granted as such and shall
continue to be. funded under the immediately preceding Section.

SECTION 23. 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 (DBM), shall
promulgate such rules and regulations as may be necessary to carry out the
provisions of this Act.

SECTION 24, Repealing Clause - Pertinent provisions of
Executive Order 292, the Revised Administrative Code of 1987, as
amended, Republic Act No. 460 dated December 3, 1997, Republic Act
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.

SECTION 25. 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.

SECTION 26. Effectivity - This Act shall take effect after fifteen
(1S) days its publication in two (2) national newspapers of general
circulation.

Approved,