Sri""" 
f~ff';r ~)r Hl~' ;~\'~Tri;tf~ , 
SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
'13 
NOV -4 P 4 :46 
SENATE 
S.B. No. 190.2 
Introduced by 
Senator LOREN LEGARDA 
EXPLANATORY NOTE 
The National Bureau of Investigation, as the premier national law 
enforcement agency tasked to conduct criminal investigations, must 
maintain a modern work system, and competent and highly-trained 
personnel, that will be at par with its foreign counterparts, especially in 
light of the constantly evolving modus of crimes and to ensure its 
continued effectivity. 
This measure aims to strengthen the powers and fUnctions of the 
NBI through a reorganization of its offices to streamline its activities, and 
modernize the investigative program through acquisition of state-of-the-art 
intelligence and forensic equipment. Moreover, this measure seeks to 
ensure the maintenance of elite and competent personnel through the 
provision of competitive compensation packages, induding training, 
insurance benefits and scholarship grants for the bureau's agents and 
employees. 
In view of the foregoing, the immediate passage of this bill is 
earnestly sought. 
1 
• 


1 
SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B. No.1902 
Introduced by Senator LOREN LEGARDA 
'13 
NOV -4 P 4 :46 
AN ACT REORGANIZING AND MODERNIZING THE NATIONAL 
BUREAU OF INVESTIGATION, PROVIDING NECESSARY FUNDS 
THEREFOR, AND FOR OTHER PURPOSES 
Be it enacted in the Senate and House of Representatives of the Philippines 
in Congress assembled: 
SECTION 1. 
Title. - This Act shall be known as the "The National 
2 
Bureau ofinvestigation Reorganization and Modernization Act of2013." 
3 
4 
SEC. 2. 
Declaration of Policy -It is the policy'ofthe State to promote 
5 
and maintain a modern, competent and highly trained investigative body, 
6 
functionally integrated and national in scope. 
7 
Toward this end, the State shall formulate plans and programs to enhance 
8 
and modernize the National Bureau of Investigation (NBI), with expanded 
9 
structure, capability and manpower, responsive to the demands of the times. 
10 
11 
SEC. 3. 
Reorganization, Modernization and Expansion of the 
12 
National Bureau of Investigation -
The National Bureau of Investigation, 
13 
hereinafter referred to as the NBI, is hereby reorganized and modernized. 
14 
The NBI shall implement a modernization program geared towards the 
15 
acquisition of state-of-the-art investigative and intelligence equipment and 
16 
establishment of advanced and sophisticated forensic and scientific laboratories. 
17 
The program shall include provisions for the training of its personnel in this regard. 
18 
The investigative and non-investigative staff of the NBI shall be increased 
19 
and their positions upgraded to adequately meet the increasing demands of an 
20 
expanded investigative and detective work. 


The present organizational structure of the NBI shall be reorganized into the 
2 
Office of the Director, Office of the Deputy Director for Administration and Office 
3 
of the Deputy Director for Op,:,rations, Office of the Assistant .Directors for 
4 
Investigation Service, Intelligence Service, Comptroller Service, Internal Audit 
5 
Service, Forensic and Scientific Research Service, Legal Service, and Information 
6 
and Communications Technology Service. Each Service shall be composed of the 
7 
necessary divisions and sections. 
8 
The NBI shall establish a Regional Office in every region and a Sub-office 
9 
in every province, to be headed by a Regional Director and Head Agent, 
10 
respectively. 
Field offices 
In Congressi?nal Districts shall likewise be 
11 
established/maintained. 
12 
The investigative and non-investigative staff of the NBI occupying the 
13 
positions affected .by the changes embodied in this Act at the time of its approval 
14 
shall thereafter occupy the positions mandated by this Act, and discharge the duties 
15 
and functions of their new positions· and receive the corresponding salary and 
16 
benefits without the necessity of any new appointment. 
17 
18 
SEC. 4. 
Qualifications of NBI Agents. 
19 
I. Citizen of the Phiiippines; 
20 
2. Of good moral character; . 
21 
3. Member of the Philippine Bar or a Holder of a Baccalaureate 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
Degree who passed the necessary Government licensure 
examination; and 
4. Other qualifications for appointment as may be required by the 
NBI. 
SEC. 5. 
Powers and Functions. - The NBI shall have the following 
powers and functions: 
I) 
Undertake investigation and detection of crimes and other offenses 
. 
. 
against the laws of the Philippines, upon its own il,litiative and as public 
interest may require; 
2) 
Act as national clearing house of criminal records and other related 
information for the benefit of judicial, quasi-judicial and administrative 
2 
• 


2 
3 
4 
5 
6 
7 
8 
bodies, all prosecuting and law enforcement entities, as well as the 
Legislative and Executive branches of Government; 
3) 
Act as repository for tIle following: 
a) All derogatory and criminal records and civilian identification 
records; 
b) Ballistic records of firearms including but not limited to data 
ownership, 
possession, 
and 
other 
related 
identifying 
9 
circumstances; 
10 
c) Dental records pursuant to PO 1575; and 
II 
d) National deoxyribonucleic acid (DNA) database; 
12 
For this purpose, a modern NBI Clearance and Identification Center shall be 
13 
established; 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
4) 
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; 
5) 
Establish an NBI Academy which shall be responsible for the 
recruitment, training and development of all NBI agents and personnel; 
6) 
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; 
7) 
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; 
8) Establish and maintain a Forensic and Scientific Research Center which 
shall serve as the primary center for forensic and scientific research in 
furtherance of scientific knowledge in criminal investigation, detection and 
3 
, 


2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
evidence collection and preservation; and provide the necessary training 
therefore; 
9) Establish, control, supervise and administer a National Deoxyribonucleic 
Acid (DNA) Databank System; 
10) 
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 allproval of the head of the agency conc~rned; 
11) 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 
12) 
Perform such other related functions as the President or the Secretary 
of Justice may assign. 
SEC. 6. 
Jurisdiction. --The NBI shall have primary jurisdiction to 
investigate the following cases: 
1. Public Corruption 
i. 
Anti-Graft and Corrupt Practices Act (Republic Act 3019); 
ii. 
Anti-Plunder Act (Republic Act 7080); and 
iii. 
Anti-Red Tape Act of2007 (Republic Act 9485); 
2. Organized/Syndicated Crimes 
i. 
Violation of the "Anti- Money Laundering 'Act of 2001" 
(Republic Act 9160 as amended by Republic Act 9194); 
11. 
PyramidinglNetworking Scams (PD 1689 [Increasing the 
Penalty for Certain Forms of Estafa)); 
iii. 
Fake Land Titles; and 
iv. 
Kidnap-for-Ransom; 
3. Cyber Crimes 
1. 
Computer Intrusions; 
ii. 
On-line Sexual Predators (i.e. Child Pornography); 
iii. 
Intellectual Property Tl}eft; 
iv. 
Internet Fraud; and 
v. 
Identity Theft/Identity Fraud; 
4. Offenses Involving Economic Sabotage 
4 
• 


I 
2 
3 
4 
5 
6 
7 
8 
9 
10 
II 
12 
IJ 
14 
15 
16 
17 
18 
19 
20 
21 
i. 
Syndicated/Large Scale Illegal Recruitment; 
11. 
Unfair Trade Practices (i.e. Violation of Republic Act 7581 
("Price Act"); 
5. Post-Blast Investigation; 
6. Human Trafficking (Republic Act 9208 and Republic Act 10364); 
7. Illegal Interception of Communications ( i.e. Violation of the "Anti-
Wire-Tapping Law" [Republic Act 4200]); 
8. Commercial Crimes 
I. 
Anti-Dummy Law (Commonwealth Act No. 108, as 
amended); 
II. 
Access Devices Regulation Act (Republic. Act ~484); 
Ill. 
E-Commerce Act of 2000 (Republic Act 8792); and 
9. 
Kidnapping, assault and assassination of the President, Vice 
President, Members of Congress and the Cabinet, and Supreme Court 
Justices; 
22 
10. The NBI shall be primarily in charge of identification of the 
23 
dead/victims in case of mass fatality incident caused by naturai 
24 
disasters. 
25 
Provided, however, that the President, Secretary of Justice or NBI 
26 
Director may direct investigation of any crime where public interest so requires; 
27 
and Provided further, that the NBI shall have authority to investigate all crimes not 
28 
assigned exclusively to other law enforcement agency. 
29 
The NBI may, likewise, extend its services, whenever properly 
30 
requested, in the investigation of cases -of administrative or-civil nature in which the 
31 
government is interested. 
32 
33 
SEC. 7. 
The NBI Director, Other Officials and the Personnel 
34 
Selection Board (PSB). --The NBI, shall be headed by a Director and assisted by 
35 
two (2) Deputy Directors, one Deputy Director for Administration and another 
36 
Deputy Director for Operations, and an Assistant Director for each of the following 
37 
seven (7) Services: Investigation Service, Intelligence Service, Comptroller 
38 
Service, Internal Audit Service, Forensic and Scientific Research Service, Legal 
39 
Service, and Information and Communications Technology Service. 
40 
Rank/Classification ofNBI Officials and Members of the Investigative Staff 
41 
shall be as follows: 
42 
a. Director 
43 
b. Deputy Director 
5 
• 
• 


2 
3 
4 
5 
6 
7 
8 
9 
c. 
d. 
e. 
f. 
g. 
h. 
i. 
J. 
k. 
Assistant Director 
Regional Director 
Assistant Regional Director 
Head Agent 
Supervising Agent 
Senior Agent 
Agent III 
Agent II 
Agent J 
10 
No person shall be appointed Director unless he is a natural-born citizen of 
II 
the Philippines, a member of the Philippine Bar and from the ranks of Deputy 
12 
Directors and Assistant Directors. He shall serve for a term of three (3) years 
13 
without reappointment. 
14 
Bureau officials, from Director I to Bureau Director, shall be appointed by 
15 
the President of the Philippines upon the recommendation of the Personnel 
16 
Selection Board (PSB) as approved by the NBI Director. 
17 
Forensic Doctors, Chemists and. other experts shall be called Special 
18 
Agents. Their ranks shall be equal to regular agents (Agent I to Head Agent). 
19 
The Personnel Selection Board (PSB) shall be composed of the Deputy 
20 
Directors and Assistant Directors and such other members as may be required by 
21 
law. It shall be chaired by the Deputy Director for Administration .• he PSB shall 
22 
have the power to recommend for approval, by the NBI Director, ail promotions 
23 
and selections. 
24 
25 
SEC. 8. 
Compensation. --The Director, for purposes of salary and 
26 
benefits, shall have the equivalent rank of a Department Secretary. 
27 
Salaries and benefits of other Bureau officials and personnel shall be 
28 
reckoned from the salary level oftheDirector.. 
29 
Subject to availability of funds, salaries and privileges of NBI personnel 
30 
may be further increased in amounts to be determined by the Department of Budget 
31 
and Management (DBM) and the NBI Director. 
32 
33 
SEC. 9. 
Powers and Functilins of the Director. - The' Director shall 
34 
have the following powers and functions: 
6 
• 


I) 
Formulate policies, guidelines and programs to effectively carry out 
2 
the purposes of this Act; 
3 
4 
5 
6 
7 
8 
9 
10 
II 
12 
13 
14 
15 
16 
17 
18 
19 
20 
2 I 
22 
23 
24 
25 
26 
27 
28 
29 
2) 
Direct, control and supervise.the 'administration and operations of the 
NBI; 
3) 
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; 
4) 
Remove, suspend or otherwise discipline NBI Personnel for cause in 
accordance with existing Civil Service Rules and Regulations and 
other pertinent laws; 
5) 
Determine, from time to time, subject to availability of funds, 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; 
6) 
Deploy any of its official 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; 
7) 
Issue mission orders and permits to carry firearms outside residence; 
8) 
Create or abolish any division/unit as may be required by the 
exigencies of the servise; 
9) 
Designate NBI informants; 
10) Perform any and all acts necessary, proper or incidental to the 
attainment of the purposes and objectives of this Act; and 
11) 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 
30 
Investigative Staff of the NBI shall have the following powers and functions: 
3 1 
1) Conduct searches, arrests and seizures in accordance with existing laws, 
32 
rules and regulations; 
33 
34 
2) Issue subpoena or subpoena duces lecum for the appearance of any person 
35 
for investigation; Deliberate and unjustified failure to obey the subpoena herein 
7 


mentioned shall render the person concerned liable for Obstruction of Justice 
2 
under PD 1829; 
3 
4 
3) Take and require sworn statements of any persori or persons so summoned in 
5 
relation to cases under investigation; 
6 
7 
4) Administer oaths in cases un~er investigation; 
8 
9 
5) Own, possess and carry, outside their office and residence, suitable and 
10 
11 
12 
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; 
13 
14 
6) Have access, examine, secure, take custody of and photocopy public records: 
15 
Provided, That as regards public and/or bank records such access need not be 
16 
upon prior approval of the court in cases involving verified complaint for 
17 
Malversation of Public Funds or Property, as defined and penalized under the 
18 
Revised Penal Code, as am~nded, violation of the Anti-Graff and Corrupt 
19 
Practices Act (RA 3019), the Anti-Money Laundering !:'aw of 2001 (RA 9160 
20 
as amended by RA 9194), Code of Conduct and Ethical Standards of Public 
21 
Officials and Employees (RA 6713), Comprehensive Dangerous Drugs Act of 
22 
2002 (RA 9165), Anti-Plunder Act (RA 7080, as amended), and The Human 
23 
Security Act of2007 (RA 9372); 
24 
The refusal to allow NBI access to and/or to examine/handle records mentioned 
25 
in this paragraph shall render the person. concerned liable for Obstruction of 
26 
Justice under PD 1829. 
27 
28 
SEC.H. 
Benefits and Privileges. -
The NBI shall provide its 
29 
employees with the following benefits: 
30 
(1) Health care services through a Health' Maintenance Organization 
31 
(HMO). Expenses for the mandatory annual executive check-up of all 
32 
regular employees shall be for the account of the NBI; 
33 
(2) Accident insurance poli9ies for all employees, procured by the NBI at 
34 
its own expense, while in the performance of their official duties and 
35 
functions; and 
8 
• 


2 
3 
4 
5 
6 
7 
8 
9 
\0 
II 
12 
13 
14 
15 
16 
17 
(3) 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; 
(4) Longevity Pay subject to guidelines that shall hereafter be issued the 
NBI Director; Provided, That: such pay shall, for retirement purposes, 
be an integral part of an NBI retiree's basic salary; and 
(5) A provident fund which shall consist of contributions made by both the 
management and member-employe.es 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 nlember-employees. 
SEC. 12. 
Retirement Benefits. -- Upon attaining sixty (60) years 
18 
of age with at least fifteen (15) years of continuous government service, or upon 
19 
accumulation of thirty (30) years of satisfactory continuous service, whichever is 
20 
earlier, an NBI personnel shall be compulsorily retired and shall be entitled to 
21 
receive benefits provided by law. Monetary incentives/special allowances shall, for 
22 
retirement purposes, be an integral part of a retiree's basic salary. 
23 
24 
SEC. 13. 
Legal Assistance. -
A special trust fund shall be 
25 
established to assist NBI personnel who I\re criminally charged in connection with 
26 
the performance of their official functions. 
27 
28 
SEC. 14. 
Seminar and Other Professional Fees. -
Subject to 
29 
availability of funds, fees for relevant seminars, as well as professional membership 
30 
fees for lawyers, registration fees, and related miscellaneous expenses incurred in 
31 
completing the Mandatory Continuing Legal Education (MCLE) course shall be 
32 
borne by the NBl. Moreover, professional membership, registration fees, including 
33 
the mandatory continuing professional education (ePE), and related miscellaneous 
34 
expenses of other employees holding positions for which a professional license is 
35 
required by the NBI, shall be borne by the NBI. 
9 
• 


2 
SEC. 15. Transportation Benefits. - Subject to the availability of funds, 
3 
employees shall be provided with contracted transportation services until such time 
4 
that the office can procure additional motor vehicles for this purpose. 
5 
6 
SEC. 16. 
Franking Privilege. - All official mail matters of the 
7 
NBI addressed for delivery within the Philippihes shall be received, transmitted, 
8 
and delivered free of charge: Provided, That such mail matters when addressed to 
9 
private persons or non-government offices shall not exceed one hundred and twenty 
10 
(120) grams; Provided further, That use of this privilege for non-official purposes 
II 
shall be a ground for disciplinary action. 
12 
13 
SEC. 17. 
Grant of Special Allowances. - The investigative and 
14 
non-investigative personnel of tqe NBI shall be granted special allowances in 
15 
amounts to be determined by the NBI Director and the Department of Budget and 
16 
Management (DBM). 
17 
The grant of special allowances shall be implemented uniformly in such 
18 
sums and amounts and to the extent that can be supported by the funding source as 
19 
specified in Section 19 hereof: Provided, That said special allowance shall not 
20 
exceed One Hundred percent (100%) of the basic salary of the NBI personnel 
21 
concerned as provided for in Republic Act No. 6758 otherwise known as the Salary 
22 
Standardization Law of 1989, as amended. 
23 
24 
SEC. 18. 
Retention of Fifty Percent (50%) of NBf Clearance 
25 
Fees.-- The NBI shall be authorized to retain fifty percent (50%) of its collections 
26 
from clearance fees to augment its operational expenses including' capital outlay, 
27 
expenses for health care services, career advancement and professionalization, legal 
28 
assistance, seminars and other professional fees, among others. 
29 
30 
SEC. 19. 
. 
Funding Source. --
The funds required for the 
31 
implementation of this Act including employee benefits shall be taken from: 
32 
33 
34 
35 
1) Collections from NBI clearance and certification fees; 
2) Service 
incomes 
from 
trainings, 
DNA, 
Drug 
tests, 
Confirmatory and Neuro tests and the like; and 
3) Other miscellaneous incomes. 
10 
• 


2 
SEC. 20. 
Effect of Subsequent Salary Increases. --
Upon 
3 
implementation of any subsequent increases in the salary rates provided under 
4 
Republic Act No. 6758, as amended, all special allowances granted under Section 
5 
17 hereof shall be considered as an implementation of said salary increases as 
6 
provided by law. The special allowances equivalent to the increase in the basic 
7 
salary as may be provided by law shal\ be converted as part of the basic salary: 
8 
Provided, That the amounts converted as basic salary shall be funded from the 
9 
regular appropriations of the NBI. Any excess in the allowances granted under this 
10 
Act not converted to basic salary shall continue to be granted as such and shall 
II 
continue to be funded under the immediately preceding Section. 
12 
13 
SEC. 21. 
Implementing Rules and Regulations. - Within sixty 
14 
(60) days from the approval of this.Act, the NBI Director in coordination with the 
15 
Secretary of Budget and Management shall promulgate such rules and regulations 
16 
as may be necessary to carry out the provisions of this Act. 
17 
SEC. 22. 
Transitory Provisions .. -- All unexpended appropriations, 
, 
18 
real and personal property, contracts, records and documents relating to the existing 
19 
N B I shall be transferred to the reorganized NBI. 
20 
All rights, obligations and liabilities of the existing NBI shall likewise be 
21 
deemed to be rights, obligations and liabilities 'of the reorganized NBI. . 
22 
All incumbent personnel of the NBI shall continue in office and perform 
23 
their duties as such; Provided, that the incumbent Assistant Director shall continue 
24 
in Office as Deputy Director and the incumbent Deputy Directors shall continue in 
25 
office as Assistant Directors of their respective or equivalent Ser~ices: 
26 
Incumbent Special Investigators shall be deemed R~gular Agents provided 
27 
they meet the qualifications set forth under Section 4 hereof within two (2) years 
28 
from effectivity ofthis Act. 
29 
30 
SEC. 23. 
Repealing Clause. - Pertinent provisions of Executive Order 
31 
292 (ReVised Administrative Code of 1987, as amended), Republic Act No. 157 
32 
dated June \9, 1947, Republic Acts numbered 2389 and 2678 and all laws, decrees, 
33 
orders, rules and regulations or parts thereof'which are contrary to or inconsistent 
34 
with the provisions of this Act, are hereby repealed or amended accordingly. 
1 I 


2 
SEC. 24. 
Separability Clause. - If any provision of this Act is 
3 
declared invalid or unconstitutional the provisions not affected thereby shall 
• 
4 
continue to be in full force and effect. 
5 
SEC. 25. 
Effectivity. - This Act shall take effect after fifteen (15) 
6 
days from its publication in the Official Gazette' or in two (2) newspapers of 
7 
general circulation in the Philippines. 
8 
') 
I 0 
Approved, 
12