Law Summary
Declaration of Policy
- The State aims to maintain an effective, modern, gender-responsive, competent, and highly trained investigative body.
- Plans and programs will be formulated for the enhancement and modernization of the NBI.
Reorganization, Modernization, and Expansion
- The NBI is reorganized and modernized to meet expanded investigative demands.
- Implementation of modernization including acquiring state-of-the-art investigative and forensic equipment.
- Training programs for personnel are included.
- Organizational structure includes the Office of the Director, Deputy Directors for Administration and Operations, and several Assistant Directors for specialized services.
- Establishment of Regional and District Offices nationwide, with flexibility for Field Offices.
- Increase and upgrade personnel positions with specified salary grades.
- Current personnel transition to new positions without need for new appointments.
Powers and Functions
- Investigate and detect crimes specified under Section 5.
- Issue subpoenas for investigations.
- Act as a national clearing house for criminal records.
- Provide technical assistance to government agencies.
- Assist with extradition and mutual legal assistance.
- Establish an NBI Academy for recruitment and training.
- Maintain forensic and scientific research facilities.
- Set up a Cyber Investigation and Assessment Center.
- Maintain integrated network equipment for investigations.
- Request assistance from other government agencies and law enforcement.
- Conduct intelligence operations.
- Enter contracts regarding property with DOJ approval.
- Establish the NBI Clearance and Identification Center including forensic databases.
- Maintain ballistic and DNA databanks.
- Perform additional functions assigned by the President or DOJ Secretary.
Jurisdiction
- Primary jurisdiction over specified cases including human trafficking in airports, extrajudicial killings by state forces against media and activists, killings of justices and judges.
- Cybercrime cases under the Cybercrime Prevention Act.
- Cases referred by the Inter-Agency Anti-Graft Coordinating Council.
- Anti-Dummy Law violations.
- Threats or assaults against national leaders.
- Transnational crimes under international agreements.
- Identification of victims in mass fatality incidents.
- White-collar crimes including those under E-Commerce, Access Devices, Intellectual Property, Securities Regulation, and Estafa laws.
- Collaboration with PNP and other agencies mandatory.
- President or DOJ Secretary may direct investigations in other cases.
NBI Director and Other Officials
- NBI headed by a Director appointed by the President with rank equivalent to Undersecretary.
- Eligibility: natural-born Filipino, member of the Philippine Bar, 15 years legal practice.
- Two Deputy Directors and seven Assistant Directors for various services.
- Deputy Directors and Regional Directors appointed by the President upon DOJ recommendation.
- Qualifications for Deputy and Regional Directors set at 10 and 5 years legal practice respectively.
Powers and Functions of the Director
- Formulate policies and programs for the NBI.
- Direct and supervise NBI operations.
- Issue necessary rules and regulations.
- Determine allowances and benefits with DBM approval.
- Create or abolish divisions/units subject to DOJ and DBM approval.
- Deploy officials abroad with DFA coordination.
- Hire consultants as needed.
- Issue mission orders and permits for firearms.
- Appoint informants.
- Discipline personnel for cause.
- Impose administrative fees.
- Perform other necessary acts for objectives attainment.
- Carry out functions assigned by law or DOJ Secretary.
Qualifications of NBI Agents
- Filipino citizen of good moral character.
- Either a Philippine Bar member or a holder of a relevant government licensure.
- Pass competitive mental and physical examinations.
Powers and Functions of Agents
- Conduct investigations authorized to NBI.
- Carry out searches, arrests, and seizures lawfully.
- Take and require sworn statements.
- Administer oaths.
- Perform other duties as assigned by the Director.
Benefits and Privileges
- Health care through HMO for regular employees.
- Accident insurance coverage.
- Training, scholarships, and seminars at NBI expense.
- Longevity pay subject to approval.
- Hazard pay where applicable.
- Transportation benefits including contracted services.
Seminars and Professional Fees
- NBI bears fees for relevant seminars.
- Covers professional membership and registration fees for lawyers and other licensed personnel.
Retention and Use of Fees
- NBI retains 30% of clearing fee collections for modernization and operational expenses.
- Annual appropriation cap set at P150 million.
Funding Source
- Funds derive from clearance fees, incidental income, sale of confiscated articles, other fees determined by Director, and the General Appropriations Act.
Implementing Rules and Regulations
- NBI Director, DOJ Secretary, and DBM Secretary to promulgate rules within 60 days.
- DFA and NBI to promulgate rules on deployment to consular posts within the same period.
Transitory Provisions
- Transfer of appropriations, properties, contracts, and records to reorganized NBI.
- Continuity of incumbent officials and personnel without reappointment.
- Conversion of Special Investigators’ status with conditions.
Separability Clause
- Invalidity of any provision does not affect the rest of the Act.
Repealing Clause
- Prior inconsistent laws and provisions are repealed or amended accordingly.
Effectivity
- The Act takes effect 15 days after publication in the Official Gazette or newspapers of general circulation.