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SIXTEENTH CONGRESS » RE A
REPUBLIC OF THE PHILIPPINES ) Baye D
First Regular Session ) > pare, Q4 NOV 2013
HOUSE OF REPRESENTATIVES
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Introduced by Representative Rufus B. Rodriguez and wy
Representative Maximo B. Rodriguez, Jr. y
House Bill No. 39.9 4
EXPLANATORY NOTE

The current National Bureau of Investigation (NBI) was created/re-organized in 1947.
Advancements in technology and other investigative procedures have left our NBI behind
and this has caused inefficiencies in the NBI. While we commend the NBI for doing their best
despite the lack of sufficient equipment and technology, it is high time that we upgrade and
modernize our NBI

Recent times have shown an increase in crimes being committed which include
heinous crimes and numerous scams which victimized the Filipino people. The current
structure of the NBI seems to prevent them from being able to adequately respond to the
needs of the current situation. We cannot expect the NBI to be up to the task if we do not
provide them with the proper modernization program.

The investigative and non-investigative staff of the NBI should be increased and their
positions upgraded to adequately meet the increasing demands of an expanded
investigative and detective work. There should also be a modernization program geared
towards the acquisition of modern equipment, the establishment of modern scientific
laboratories and the upgrade in the training of its personnel. Aside from the improvements
and advancements in training, the agents and employees of the NBI should also be given
adequate and improved compensation, benefits and privileges, such as free health care
insurance, accident insurance and scholarships.

With the present breed of criminals being more and more technologically savvy,
state-of-the-art investigative and intelligence equipment are needed to keep up with them
and the global developments in technology.

In view of the foregoing, immediate passage of this bill is earnestly requested.

MAXIMO B. nonpisoez, JR.


‘SIXTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriquez, Jr.

House Bill No. 3284

AN ACT
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:

SECTION 1. Short Title. - This Act shall be known as the "National Bureau of Investigation
Reorganization And Modernization Act of 2013".

SEC. 2. Declaration of Policy. - It is the policy of the State to promote and maintain a
modern, competent and highly trained investigative body, functionally integrated and national
in scope.

Toward this end, the State shall formulate plans and programs to enhance and
modernize the National Bureau of Investigation, with expanded structure, capability and
manpower, responsive to the demands of the times.

SEC. 3. Reorganization, Modernization and Expansion of the National Bureau of
Investigation. - The National Bureau of Investigation, hereinafter referred to as the NBI, is
hereby reorganized and modernized.

The 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 for Administration, Office of the Deputy Director for
Operations, Offices of the Assistant Directors for Investigation Service, Intelligence Service,
Comptroller Service, Human Resource and Management Service, Internal Audit Service,
Forensic and Scientific Research Service, Legal Service, and Information and
Communications Technology Service. Each service shall be composed of the necessary
divisions and sections.

The NBI shall establish a Regional Office in every region to be headed by a Regional
Director and a field office in every province, to be headed by a Head Agent with the rank of a
Director |. Field offices may also be established in Congressional Districts.

The investigative and nor-investigative staff of the NBI occupying the positions
affected by the changes embodied in this Act shall thereafter occupy their upgraded
positions, and shall continue to discharge the duties and functions thereof without the need
of any new appointment


SEC. 4. Qualifications of NBI Agents:

a) Citizen of the Philippines;

b) Of good moral character;

c) A member of the Philippine Bar or a Holder of a Baccalaureate Degree who

passed the necessary Government licensure examination; and
d) Other qualifications for appointment as may be required by the NBI.
These qualifications and requirements for appointment shall include but not limited

to, among others, passing the competitive mental and physical examination and sufficient
instruction and training to be given by the NBI

SEC. 5. Compensation. ~The Director shall have the rank, salary and benefits equivalent to
that of an Undersecretary.

Salaries and benefits of other Bureau officials and personnel shalll be reckoned from
the salary level of the Director.

Subject to availability of funds, salaries and benefits of NBI personnel may be further
increased in amounts to be determined by the Department of Budget and Management
(DBM) and the NBI Director

SEC. 6. Powers and Functions. - The NBI shall have the following power and functions:

a) Undertake investigation and detection of crimes and other offenses against the
laws of the Philippines, upon its own initiative and as public interest may require.
Once the NBI commences the investigation of any crime or offense, it shall
continue to be the lead agency in the investigation until its conclusion. Where the
investigation of any crime or offense is vested in another agency which has
already commenced its own investigation, the NBI shall exercise a supportive
and coordinative role: Provided, however, That when otherwise directed by the
President or the Secretary of Justice, or when so requested by the agency
concemed or the victim’s family, the NBI shall assume the lead role in the
investigation unti its final determination

b) Act as national clearing house of criminal records and other related information for
the benefit of the judicial, quasi-judicial and administrative bodies, all prosecuting
and law enforcement entities, as well as the Legislature and Executive branches
of the Government;

¢) Actas repository for the following

1) All derogatory and criminal records and civilian identification records,
including their identifying marks and characteristics;

2) Balistic 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. 1575; and

4) National deoxyribonucleic acid (DNA) database.

For this purpose, a modern NBI Clearance and Identification Center
shall be established;

d) 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;

e) Establish an NBI Academy which shall be responsible for the recruitment, training
and development of all NBI agents and personnel;

f) Establish and maintain an integrated, comprehensive and state-of-the-art network,
equipment and faciiies to be used by the NBI in its criminal investigation,
detection and evidence gathering, and to provide the corresponding training in
this regard;

g) 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;

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h) 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 evidence collection
and preservation; and provide the necessary training therefor;

i) Establish, control, supervise and administer a national DNA database which shall
be independent from other agencies;

j) Enlist the assistance of the Philippine National Police (PNP), Armed Forces of the
Philippines (AFP) or any other agency of the Government, including government-
owned andor controlled corporations, in conducting its undertaking in crime
investigation and detection. Such assistance may include the use of the enlisted
agency's personnel and facilities upon prior approval of the head of the agency
concerned:

k) Conduct intelligence operations in furtherance of the foregoing powers and
functions;

1) 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

m) Perform such other related functions as the President or the Secretary of Justice
may assign

SEC. 7. Jurisdiction. —The NBI shall have primary jurisdiction to investigate the following
cases:
a). Organized/Syndicated Crimes
1) Pyramiding Networking Scams (Presidential Decree No.1689 relative to
increasing the penalty for certain forms of estafa);
2) Fake Land Titles; and
3) Kidnap-for-Ransom
b). Cyber Crimes
1} Computer Intrusions;
2) Oniine Sexual Predators (i.e. Child Pomography):
3) Intellectual Property Theft;
4) Internet Fraud; and
5) Identity Theft/identity Fraud
). Offenses Involving Economic Sabotage
1) Syndicated arge Scale Illegal Recruitment;
2) Unfair Trade Practices (i.e. Violation of RA. No. 7581 “Price Act")
4d) Post-Blast Investigation;
e). Human Trafficking (R.A. No. 9208);
4) Illegal Interception of Communications ( i.e. Violation of the “Anti-Wire- Tapping
Law" [R.A. No. 4200 ]);
g). Commercial Crimes
1) Anti-Dummy Law (Commonwealth Act No.108, as amended);
2) Access Devices Regulation Act (R.A. No. 8484),
3) E-Commerce Act of 2000 (R.A. No. 8792)
h). Assault and threats against the person of the President, Vice President,
Members of Congress and the Cabinet, and Supreme Court Justices
The NBI shall be primarily in charge of identification of the dead/ictims in case of
mass fatality incident caused by natural disasters: Provided, however, That the President,
Secretary of Justice or NBI Director may direct investigation of any crime when public
interest So requires: Provided further, That the NBI shall have authority to investigate all
crimes not assigned exclusively to other law enforcement agency: Provided, finally, That
once the NBI takes cognizance of a case within its primary jurisdiction, all other agencies
including the PNP shall 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 goverment is interested.

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SEC. 8. The NBI Director, Other Officials and the Personne! 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 folowing: Investigation Service, Intelligence Service,
Comptroller Service, Human Resource and Management Service, Intemal Audit Service,
Forensic and Scientific Research Service, Legal Service, and Information and
‘Communications Technology Service
Rank and Classification of NBI Officials and Members of the Investigative Staff shall

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 Ill

j) Agent il

k) Agent |

No person shall be appointed Director unless he is a natural-born citizen of the
Philippines and a member of the Philippine Bar. He shall serve for a term of three (3) years
without reappointment

The Bureau Director shall be appointed by the President

The Bureau officials, from Director | to Deputy Director, shall likewise 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 Personnel Selection Board (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 Director for Administration. The PSB shall have the power to
recommend, for approval by the NBI Director, all promotions and selections and the criteria
thereof.

SEC. 8. Powers and Functions of the Director. - The Director shell 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 of the NBI;

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 the amounts to be given the NBI personnel as reasonable allowances,
incentives, bonuses, privileges and other benefits, subject to the availability of
funds;

@) Create or abolish any division/unit as may be required by the exigencies of the
service:

) 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: Provided, That any expense incurred by the NBI
representative in the establishment of his or her office, including operation and
maintenance, shall be 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 license, mission orders and permits to carry firearms outside residence to its

agents;

i) Designate NBI informants;

j) Remove, suspend or otherwise discipline NBI Personnel for cause in accordance

with Civil Service Rules and Regulations;

k) Perform any and all acts necessary, proper or incidental to the attainment of the
purposes and objectives of this Act; and

|) Perform such other related functions as may be provided by law or as directed 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
and regulations;

b) Issue subpoena 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 concemed liable for obstruction of justice
under PD 1829;

c) Take and require sworn statements of any person or persons so summoned in
Telation to cases under investigation;

d) Administer oaths in cases under investigation; and

) 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 annual executive check-up of all regular employees
shall be for the account of the NBI;

b) Accident insurance policies for all employees, procured by the NBI at its own
expense, while in the performance of their official duties and functions; and

¢) 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

e) A Provident Fund which shall 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 thirty (30) years of
satisfactory continuous service, whichever is earlier, an NBI personnel shall be compulsorily
retired and shall be entitled to receive benefits provided by law. Monetary incentives/special
allowances shall, for retirement purposes, be an integral part of a retiree's basic salary.


SEC. 13. Legal Assistance. - 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. Five percent (5%) of the NBI annual income from
clearance fees and other fees should be set aside for this purpose.

SEC. 14. Seminar and Other Professional Fees. - Subject to availability of funds, fees for
relevant seminars as well as professional membership fees and related miscellaneous
expenses for lawyers and other professionals shall be borne by the NBI

SEC. 15. Transportation Benefits. - Employees shall be provided with transportation
services, subject to availability of funds.

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 the 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, subject to availability of funds: Provided, That 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 19 hereof: Provided, further,
That said special allowance shall not exceed One Hundred percent (100%) of the basic
salary of the NBI personnel concemed

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.
The NBI Director shall also have the authority to determine and impose other fees when
necessary.

SEC. 19. Funding Source. — Aside from the appropriations provided for under the annual
General Appropriations Act, the funds required for the implementation of this Act, including
employee benefits, shall be sourced from the following :
1) Collections from NBI clearance and certification fees;
2) Incomes from trainings, DNA tests, Drug tests, Confirmatory and Neuro tests
and the like;
3) Ten percent (10%) of the proceeds of confiscated/forfeited articles from the case
investigated by the NBI upon order of the court; and
4) Other miscellaneous incomes.

SEC. 20. Effect of Subsequent Salary Increases. — Upon implementation of any
subsequent increases in the salary rates provided under R.A. No. 6758, as amended, all
special allowances granted under Section 17 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 stall continue to be granted as such and shall
continue to be funded under the immediately preceding Section


SEC. 21. Implementing Rules and Regulations. - Within ninety (90) days from the
approval of this Act, the NBI Director in coordination with the Secretary of Justice shall
promulgate such rules and regulations as may be necessary to carry out the provisions of
this Act.

‘SEC. 22. Transitory Provisions. — Incumbent personnel of the NBI shall continue in office
and perform their duties as such; Provided, That the incumbent Assistant Director shall
become a Deputy Director and the incumbent Deputy Directors shall become Assistant
Directors of their respective or equivalent Services.

Incumbent Special Investigators shall be deemed Regular Agents provided they meet
the qualifications set forth under Section 4 hereof within two (2) years from effectivity of this
Act.

SEC. 23. Separability Clause. - \f any provision of this Act is declared invalid or
unconstitutional the provisions not affected thereby shall continue to be in full force and
effect,

‘SEC. 24. Repealing Clause. - Alll laws, decrees, orders, instructions, proclamations, rules
and regulations, or parts thereof which are inconsistent with any provisions of this Act, are
hereby repealed, modified, or amended accordingly.

SEC. 25. Effectivity. - This Act shall take effect after fifteen (15) days from its publication in
the Official Gazette or in two (2) newspapers of general circulation in the Philippines.

Approved,