Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS.

Second Regular Session

House Bill No, 3804

Introduced by Rep. Erico Aristotle C. Aumentado

EXPLANATORY NOTE

The Philippine contemporary scene presents a nation battered by a crime
wave that continues to escalate in magnitude and intensity. Law enforcement does
not seem able nor capable to deliver and respond fast enough or good enough.

The latest killings of mediamen, judges, elective officials and other
government officials have caught the attention of international organizations and
those concerned sectors of the country on the government's inability to solve crimes.
Thus, this bill is filed to respond to the need of the hour.

A version of this bill was adopted by both chambers of Congress
Unfortunately, it was overtaken by the adjournment of Congress without the
bicameral conference action thereof being ratified

It is difficult to imagine how law enforcement can truly be efficient and
effective if its growth and expansion are stifled by age-old organizational system and
procedures and chained by too much financial restrictions.

The National Bureau of Investigation ~ the equivalent of the FBI in the United
States of America is passionately eager to face the challenges of the present and the
approaching millennium but it needs to be adequately equipped in terms of
developed human resources, state-of-the-art equipment and facilities, and necessary
logistics for mobilization.

Reorganization, modernization and expansion of the NBI are long overdue
While operating firmly on foundations of NOBILITY, BRAVERY and INTEGRITY, the
NBI cannot hope to achieve SIGNIFICANT strides forward and move onward if it is
not allowed to grow and expand, The NBI has to be dynamic to be able to respond to
the urgent call of times.

This bill entitled THE NATIONAL BUREAU OF INVESTIGATION
REORGANIZATION AND MODERNIZATION ACT proposes to reorganize and
modernize the NBI to provide the agency the much needed capability to successfully
address the “high tech” level at which criminals pursue their “trade”

The NBI vision is to be “capable” of getting results at the “flick of a finger”
to be capable to respond quickly to the CALL TO ACTION of the people — all the
time.

WHEREFORE, the approval of this BILL is URGENTLY recommended.

. AUMENTADO.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16" Congress

House Bill No. 5804

Introduced by REP. ERICO ARISTOTLE C. AUMENTADO

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”.

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

Towards this end, the State shall formulate plans and programs to enhance and
modemize the National Bureau of Investigation (NBN), 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, hereinafier referred to
as the NBI, is hereby reorganized and modernized.

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 for Administration and Office of the
Deputy Director for Operations, Office of the Assistant Directors for Investigation
Service, Intelligence Service, Comptroller Service, Intemal Audit Service, Forensic and
Scientific Research Service, Legal Service, and Information and Communications
‘Technology Service. Fach service shall be composed of the necessary divisions and
sections.

The NBI shall establish a Regional Office in every region and a Sub-Office in
province, to be headed by a Regional Director and Head Agent, respectively. Field
offices in Congressional Districts shall likewise be established/maintained.



‘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.

SEC. 4. Qualifications of NBI Agents:

4) Citizen of the Philippines;

b) Of good moral character;

©) A member of the Philippine Bar or a Holder of a Baccalaureate Degree
who passed the necessary Government licensure examination; and

4) Other qualifications for appointment as may be required by the NBI.

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

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

Subject to availability of funds, salaries and privileges 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 powers 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 concerned or the victim’s family, NBI shall assume the
lead role in the investigation until its final determination.

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

c) Act as repository for the followings

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;

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;


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;

) 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 facilities 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;

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 thereof;

i) Establish, control, supervise and administer a National Deoxyribonucleic Acid
(DNA) Databank System;

j) 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;

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

}) 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. Jurisdietion, ~ The NBI shall have primary jurisdiction to investigate the
following cases:

a) Public Corruption
1) Anti- Graft and Corrupt Practices Act (Republic Act (R.A.) No. 3019);
2) Anti- Plunder Act (R.A. No. 7080); and
3) Anti- Red Tape Act of 2007 (R.A. No. 9485);

b) Organized/Syndicated Crimes
1) Violation of the “Anti-Money Laundering Act of 2001” (R.A. No. 9160 as
amended by R.A. No. 9194);
2) Pyramiding Networking Scams (Presidential Decree (PD) No. 1689
[increasing the Penalty for Certain Forms of Estafa]);
3) Fake Land Titles; and
4) Kidnap-for-Ransom

©) Cyber Crimes


1) Computer Intrusions;
2) On-Line Sexual Predators (i.e. Child Pormography);
3) Intellectual Property Theft;

4) Internet Fraud; and

5) Identity Thefv/Identity Fraud

d) Offenses Involving Economic Sabotage
1) Syndicated/Large Scale Illegal Recruitment;
2) Unfair Trade Practices (i.e. Violation of R.A. No. 7581 “Price Act”)
€) Post-Blast Investigation;
f) Human Trafficking (R.A. No. 9208);
2) Illegal Interception of Communications (i.e. Violation of the “Anti-Wire-
Tapping Law”{R.A. No, 4200 }):

h) 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)
i) Kidnapping, Assault and assassination of the President, Vice President,
Members of Congress and the Cabinet, and Supreme Court Justices;
j) The NBI shall be primary in charge of identification of the dead/victims 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; and Provided further,
that the NBI shall have authority to investigate all crimes not assigned exclusively to
other law enforcement agency

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 following seven (7) Services;
Investigation Service, Intelligence Service, Comptroller Service, Internal 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

2) 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 should come from the ranks of Deputy


Directors and Assistant Directors. 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 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. 9. Powers and Function of the Director. ~ The Director shall have the
following powers and functions:

a) Formulate policies, guidelines and programs to effectively carry out the
purpose of the Act;

b) Direct, control and supervise the administration and operations of the NBI;

©) Promulgate rules and regulations as may be necessary of proper for the
effective exercise of the powers and function 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, 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;

¢) Create or abolish any division/mnit as may be required by the exigencies of the
service;

f) Deploy any of its official or personnel for out-of-country missions including,
but not limited to, assignment 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 each
agent;

i) Designate NBI informants;

) Remove, suspend or otherwise discipline NBI Personnel for cause accordance
with existing Civil Service Rules and Regulations and other pertinent laws, in any of the
following circumstances;

1) When the charge is serious and.the evidence of guilt is strong, or
2) When the respondent is notoriously undesirable.


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

1) 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, arrest and seizures in accordance with existing laws, rules
and regulations;

b) Issue subpoena or subpoena duces lecum 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 PD 1829;

©) 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;

e) Own, posses 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;

f) Have access, examine, secure, take custody of and photocopy public records;
Provided. That as regards public and/or bank records such access need not be
upon prior approval of the court in cases involving verified complaint for
Malversation of Public Funds or Property, as defined and penalized under the
Revised Penal Code, as amended, violation of the Anti- Graft and Corrupt
Practices Act (R.A. No. 3019), the Anti-Money Laundering Law of 2001
(R.A. No. 9160 as amended by R.A. 9194), Code of Conduct and Ethical
Standards of Public Officials and Employees (R.A. No. 6713) Comprehensive
Dangerous Drugs Act of 2002 (R.A. No. 9165), Anti- Plunder Act (R.A. No.
7080), and the Human Security Act of 2007 (R.A. No. 9372);

The refusal to allow NBI access to and/or to examine/handle records
mentioned in this paragraph shall render the person concerned liable for

obstruction of justice under PD No. 1829.

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 officials duties and
functions;

©) 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 ate criminally charged in connection with the performance of their
official functions.

SEC, 14. Seminar 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
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 the 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 Allowance. ~ 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).

‘That 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, That said special allowance shall not exceed One Hundred
percent (100%) of the basic salary of the NBI personnel concemed 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 all of its collections from clearance fees to augment its operational
expenses such as but not limited to capital outlay, expenses of health care services, career
advancement and professionalization, legal assistance, seminars and other professional
fees, among others.

SEC. 19. Funding Source. — The funds required for the implementation of this
Act including employee benefits shall be taken from:

1) All Collection from NBI clearance and certified fees;

2) All Service incomes from training, DNA, Drugs te:
and Neuro tests and the likes

3) Seizures;

4) Other miscellaneous incomes; and

5) Appropriations by Congress, as maybe necessary.

Confirmatory

SEC. 20. Effect of Subsequent Salary Inerease. ~ Upon implementation of any
subsequent inoreases 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 my be provided by law shall be converted
as part of the basie 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 shall continue to be granted as such and shall
continue to be funded under the immediately preceding Section.

Sec. 21. 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 shall promulgate such rules and regulations as may be necessary to
carry out the provisions of this Act.

Sec.22 Transitory Provisions. — All unexpended appropriations, real and
personal property, contracts, records and documents relating to the existing NBI shall be
transferred to the reorganized NBI.

All rights, obligations and liabilities of the existing NBI shall be deemed to be
rights, obligations and liabilities of the reorganized NBI.

Al incumbent personnel of the NBI shall continue in office and perform their
duties as such; Provided, That the designated Deputy Director shall continue in office as
Deputy Director and the incumbent Assistant Directors shall assume as 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

See. 23, Repealing Clause. ~ Pertinent provisions of Executive Order 292, the
Revised Administrative Code of 1987, as amended, Executive Order No. 460 dated
December 3, 1997, Executive Order 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.

See. 24. 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.


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.