Law Summary
Declaration of Policy
- State policy promotes an effective, modern, gender-responsive, competent, and highly trained national investigative body.
- Plans and programs for NBI's enhancement, modernization, expanded structure, capability, and manpower are mandated.
Reorganization, Modernization, and Expansion
- NBI reorganized and modernized to meet expanded investigative demands.
- Modernization includes acquiring state-of-the-art investigative and intelligence equipment, and establishing forensic and scientific laboratories.
- Personnel training included in modernization program.
- Organizational structure reorganized into multiple Offices/Services headed by Directors and Assistant Directors.
- Regional Offices in every region (headed by Regional Director) and District Offices in every province (headed by Head Agent).
- Field Offices may be established as needed.
- Personnel complement increased with position upgrades and corresponding salary grades.
- Current personnel assume new positions and benefits without new appointments.
Powers and Functions
- Investigate and detect enumerated crimes.
- Issue subpoenas for person appearance and document production.
- Serve as national clearing house of criminal records.
- Provide technical assistance to government agencies.
- Assist in extradition and mutual legal assistance cases.
- Establish NBI Academy for recruitment and training.
- Maintain Forensic and Scientific Research Center for research and training.
- Maintain Cyber Investigation and Assessment Center.
- Equip with integrated modern technology network.
- Request assistance from PNP, AFP, and other government agencies.
- Conduct intelligence operations.
- Enter contracts for property acquisition/management subject to DOJ approval.
- Establish NBI Clearance and Identification Center and maintain relevant forensic databases.
- Perform functions assigned by President or Secretary of Justice.
Jurisdiction
- Primary jurisdiction over specified crimes including human trafficking at airports, extrajudicial killings by security forces against journalists/activists, killings of justices/judges, cybercrime, graft cases, anti-dummy law violations, threats/assaults on top government officials, transnational crimes, mass fatality victim identification, and commercial/white-collar crimes.
- President or Secretary of Justice can assign investigations based on public interest.
- Collaboration with PNP and other law enforcement agencies is mandated when NBI takes cognizance or when jurisdiction is primarily with others.
NBI Director and Officials
- Headed by a Director appointed by the President, with two Deputy Directors (Administration, Operations) and seven Assistant Directors for various Services.
- Director must be a natural-born Filipino, member of Philippine Bar, with at least 15 years legal practice.
- Deputy and Assistant Regional Directors appointed by President, with required legal qualifications and years of practice.
Powers and Functions of the Director
- Policy formulation, direction, administration, supervision of NBI.
- Promulgate necessary rules and regulations.
- Determine allowances and benefits subject to budget approval.
- Create or abolish divisions or positions with DOJ and DBM approval.
- Deploy officials or personnel abroad in coordination with DFA.
- Hire consultants as needed.
- Issue mission orders and permits for firearms.
- Designate informants.
- Discipline personnel as per laws.
- Impose administrative fees.
- Perform other acts necessary to fulfill institutional goals.
Qualifications of NBI Agents
- Filipino citizens, good moral character.
- Must be lawyers or holders of relevant government licensure.
- Must pass competitive mental and physical exams.
Powers and Functions of Agents
- Conduct investigations per NBI mandate.
- Perform searches, arrests, seizures according to laws.
- Take sworn statements and administer oaths.
- Other functions assigned by Director.
Benefits and Privileges of Personnel
- Health care via HMO.
- Accident insurance.
- Trainings, scholarships, seminars on official time.
- Longevity pay, hazard pay, and transportation benefits subject to law and funds.
Seminars and Professional Fees
- NBI covers seminar fees, professional membership and licensing fees including Mandatory Continuing Legal Education (MCLE) and Continuing Professional Education (CPE) for relevant personnel.
Retention and Use of Clearance Fees
- NBI retains 30% of clearance fee collections annually for modernization and operational expenses, capped at P150 million.
Funding Source
- Funded by clearance and certification fees, incidental income, auction proceeds of confiscated items, other fees imposed by Director, and General Appropriations Act.
Implementing Rules and Regulations
- NBI Director, DOJ Secretary, and DBM Secretary to promulgate implementing rules within 60 days.
- DFA and NBI to promulgate rules on overseas deployment of NBI personnel to consular posts.
Transitory Provisions
- Transfer of all NBI properties, contracts, records, and liabilities to reorganized NBI.
- Incumbent officials continue in their positions without reappointment with some position status adjustments.
- Special Investigators who lack qualifications remain but on co-terminous status until abolished.
Separability Clause
- Invalidity of any provision does not affect the validity of remaining provisions.
Repealing Clause
- Repeals conflicting laws and provisions including Republic Acts No. 157 and 2678, and parts of the Administrative Code.
Effectivity
- Takes effect 15 days after publication in the Official Gazette or two newspapers of general circulation.