Reorganization, services, and field offices
- Section 3 requires the NBI to implement a modernization program for the acquisition of state-of-the-art investigative and intelligence equipment and the establishment of forensic and scientific laboratories, with corresponding training provisions for personnel.
- Section 3 reorganizes the NBI organizational structure into the Office of the Director, Office of the Deputy Director for Administration, Office of the Deputy Director for Operations, and seven (7) Assistant Director services: Investigation Service, Intelligence Service, Comptroller Service, Human Resource and Management Service, Forensic and Scientific Research Service, Legal Service, and Information and Communications Technology Service.
- Section 3 provides that each service shall be composed of the necessary divisions and sections.
- Section 3 requires the NBI to establish a Regional Office in every region headed by a Regional Director, and District Offices in every province headed by a Head Agent.
- Section 3 authorizes the Director to establish and maintain Field Offices as the need arises.
Personnel upgrade and continuity of existing officers
- Section 3 increases the NBI personnel complement and upgrades positions through the following changes:
- Director VI (SG 30) → Director (SG 30)
- Director V (Assistant Director) (SG 29) → Deputy Director (SG 29)
- Director III (Deputy Director) (SG 27) → Assistant Director (SG 28)
- Director II (Regional Director) (SG 26) → Regional Director (SG 27)
- Director I (Assistant Regional Director) (SG 25) → Assistant Regional Director (SG 26)
- Investigation Agent VI (Head Agent) (SG 25) → Head Agent (SG 25)
- Investigation Agent V (Supervising Agent) (SG 24) → Supervising Agent (SG 24)
- Investigation Agent IV (Senior Agent) (SG 23) → Senior Agent (SG 23)
- Investigation Agent III (SG 22) → Investigation Agent III (Agent) (SG 22)
- Investigation Agent II (SG 20) → Investigation Agent I (SG 18)
- Special Investigator V (SG 24) → Special Investigator IV (SG 22)
- Special Investigator III (SG 18) → Special Investigator III (SG 18)
- Section 3 increases administrative support personnel to effectively carry out their functions.
- Section 3 provides that NBI personnel occupying positions affected by the changes at the time of approval shall occupy and discharge duties of their new positions and receive corresponding salary and benefits without the necessity of new appointment.
- Section 15 provides that all unexpended appropriations, property, contracts, records, and documents of the existing NBI shall be transferred to the reorganized NBI.
- Section 15 provides that incumbent officials and personnel shall continue in office and perform duties without need of reappointment, with the following conversion rule:
- the incumbent Assistant Director continues as Deputy Director, and
- incumbent Deputy Directors continue as Assistant Directors of their respective or equivalent services.
- Section 15 provides that incumbent Special Investigators who underwent the basic training course at the NBI Academy but do not meet agent qualifications shall remain as Special Investigators with position status converted from regular to co-terminous with the incumbent, and abolished once vacated.
NBI powers, functions, and operational capabilities
- Section 4 authorizes the NBI to undertake investigation and detection of crimes and offenses enumerated under Section 5.
- Section 4 authorizes the NBI to issue subpoenas for appearance for investigation or production of documents, through its officers from the ranks of Regional Director to Director.
- Section 4 requires the NBI to act as a national clearing house of criminal records and other related information for the benefit of the government.
- Section 4 authorizes rendering technical assistance to government agencies and instrumentalities when requested.
- Section 4 authorizes assistance in cases involving extradition and mutual legal assistance when requested by the Department of Justice.
- Section 4 requires the NBI to establish an NBI Academy responsible for recruitment, training, and development of all NBI agents and personnel.
- Section 4 requires the NBI to establish and maintain a Forensic and Scientific Research Center as the primary center for forensic and scientific research in criminal investigation, detection, evidence collection and preservation, and to provide necessary training.
- Section 4 requires the NBI to establish and maintain a Cyber Investigation and Assessment Center as the nerve center for computer information technologies, data on cybercrime cases, computer intrusion, threats, and other related crimes or activities.
- Section 4 requires the NBI to establish and maintain an integrated, comprehensive, state-of-the-art network of equipment and facilities for criminal investigation, detection, and evidence gathering, and to provide corresponding training.
- Section 4 authorizes the NBI to request assistance of the Philippine National Police (PNP), Armed Forces of the Philippines, or any other government agency, including government-owned and/or -controlled corporations, in anti-crime drive, including use of personnel and facilities upon prior approval by the head of the concerned agency.
- Section 4 authorizes conducting intelligence operations in furtherance of its foregoing powers and functions.
- Section 4 authorizes the NBI to enter into any contract or transaction for acquisition, ownership, possession, administration, lease, disposition, or acceptance of real or personal property in its name, subject to approval of the Secretary of Justice.
- Section 4 requires establishment and maintenance of a modern NBI Clearance and Identification Center containing derogatory and criminal records, civilian identification records, identifying marks and characteristics, fingerprint database, and dental records pursuant to Presidential Decree No. 1575, entitled “Requiring Practitioners of Dentistry to Keep Records of Their Patients.”
- Section 4 requires maintenance of relevant databases for investigative and forensic requirements, including ballistic records of firearms (including, but not limited to, data ownership, possession, and other related identifying circumstances) and a Deoxyribonucleic Acid (DNA) databank.
- Section 4 authorizes performance of other functions that the President or the Secretary of Justice may assign.
NBI jurisdiction and investigative scope
- Section 5 grants the NBI primary jurisdiction to undertake investigations in the following cases:
- Human Trafficking cases in all airports in the Philippines;
- Extrajudicial/Extra-legal killings committed by the state’s security forces against media practitioners and activists;
- Killings of justices and judges;
- Violations of Republic Act No. 10175 (“Cybercrime Prevention Act”);
- Cases referred by the Inter-Agency Anti-Graft Coordinating Council (IAGCC);
- Violations of the Anti-Dummy Law;
- Cases involving threats to security or assaults against the persons of the President, Vice President, Senate President, Speaker of the House of Representatives, and Chief Justice of the Supreme Court;
- Transnational crimes pursuant to existing international agreements;
- Identification of the dead/victims in case of mass fatality incidents caused by natural disasters; and
- Violations of commercial, economic, and financial or white-collar crimes such as, but not limited to, those punishable under Republic Act No. 8792 (“E-Commerce Act of 2000”), Republic Act No. 8484 (“Access Devices Regulations Act of 1998”), Republic Act No. 8293 (“Intellectual Property Code of the Philippines”), Republic Act No. 8799 (“Securities Regulation Code”), Presidential Decree No. 1689 (“Decree Increasing the Penalty for Certain Forms of Estafa”), and other similar penal statutes enacted by Congress.
- Section 5 provides that the President or the Secretary of Justice may direct the NBI to undertake investigation of any crime when public interest so requires.
- Section 5 requires that once the NBI takes cognizance of any enumerated case, the PHP and other law enforcement agencies/investigative entities shall collaborate with and render assistance to the NBI.
- Section 5 provides that when jurisdiction is vested exclusively and/or primarily with the PNP or other law enforcement agency/investigating agency, the NBI shall collaborate with and render assistance to the same.
Leadership structure and appointing qualifications
- Section 6 requires the NBI to be headed by a Director with two (2) Deputy Directors—one for Administration and one for Operations—and an Assistant Director for each of seven (7) services: Investigation Service, Intelligence Service, Human Resource and Management Service, Comptroller Service, Forensic and Scientific Research Service, Legal Service, and Information and Communications Technology Service.
- Section 6 provides that the NBI Director shall be appointed by the President and has rank, salary, and benefits equivalent to an Undersecretary.
- Section 6 provides eligibility for Director: must be a natural-born citizen of the Philippines, a member of the Philippine Bar, and engaged in practice of law for at least fifteen (15) years, preferably from within the ranks of Directors.
- Section 6 provides that Assistant Directors to Deputy Directors shall be appointed by the President from the ranks of the NBI upon recommendation of the Secretary of Justice.
- Section 6 provides eligibility for Deputy Director or Regional Director: must be a citizen of the Philippines, a member of the Philippine Bar, and engaged in practice of law for at least ten (10) years for Deputy Director and at least five (5) years for Regional Director.
Director and agent powers, agent qualifications
- Section 7 requires the Director to formulate policies, guidelines, and programs to carry out the purposes of the Act.
- Section 7 authorizes the Director to direct, control, and supervise NBI administration and operations.
- Section 7 authorizes the Director to promulgate rules and regulations necessary for effective exercise of NBI powers and functions and for discharge of duties and responsibilities of officials and personnel.
- Section 7 requires the Director to determine, subject to availability of funds and approval of the Secretary of the Department of Budget and Management (DBM), the limit of reasonable allowances, incentives, bonuses, privileges, and other benefits for NBI personnel.
- Section 7 authorizes the Director to create or abolish divisions/units and positions as required by exigencies of service, subject to endorsement of the Secretary of Justice and approval of the DBM.
- Section 7 authorizes deployment of officials/personnel for missions abroad, including attachment as functionaries to Philippine embassies, consulates, or other diplomatic offices in coordination with the Department of Foreign Affairs (DFA); expenses for establishment of the representative’s office, including operation and maintenance, are shouldered by the NBI.
- Section 7 authorizes hiring consultants subject to pertinent laws and rules and to exigencies of the service.
- Section 7 authorizes issuance of mission orders and permits to carry duly licensed firearms outside residence to its agents, organic personnel assisting in investigations, and other duly deputized personnel of the Department of Justice assisting the NBI.
- Section 7 authorizes designating NBI informants for investigative purposes.
- Section 7 authorizes removing, suspending, or disciplining NBI agents and personnel for cause under Civil Service Rules and Regulations and other pertinent laws.
- Section 7 authorizes determining and imposing administrative fees.
- Section 7 authorizes performance of all acts necessary, proper, or incidental to attainment of the Act’s purposes, and other functions provided by law or authorized by the Secretary of Justice.
- Section 8 establishes minimum qualifications for NBI agents:
- Philippine citizen;
- good moral character;
- member of the Philippine Bar or holder of a Baccalaureate Degree who passed a necessary government licensure examination relevant to investigative functions; and
- successful passage of the NBI competitive mental and physical examinations.
- Section 9 gives NBI agents the powers and functions to: undertake investigations pursuant to NBI mandate; conduct searches, arrests, and seizures in accordance with existing laws, rules and regulations; take and require sworn statements of persons summoned in relation to cases under investigation; administer oaths in cases under investigation; and perform other functions assigned by the NBI Director.
Personnel benefits and professional fees
- Section 10 requires the NBI to provide health care services through a Health Maintenance Organization (HMO) for regular employees.
- Section 10 requires accident insurance policies for all employees.
- Section 10 requires trainings, scholarships, and seminars to deserving employees on official time and at the expense of the NBI.
- Section 10 provides for longevity pay, subject to NBI Director guidelines consistent with existing laws and regulations and subject to approval of the DBM Secretary.
- Section 10 provides for hazard pay, subject to pertinent laws and rules.
- Section 10 provides transportation benefits subject to availability of funds, with contracted transportation services provided until the office can procure additional motor vehicles for this purpose.
- Section 11 requires the NBI to bear fees for relevant seminars, professional membership fees for lawyers, registration fees, and related miscellaneous expenses for completing Mandatory Continuing Legal Education (MCLE) course.
- Section 11 requires the NBI to bear professional membership fees, registration fees (including mandatory continuing professional education (CPE)), and related miscellaneous expenses of other employees whose positions require a professional license by the NBI.
- Section 12 authorizes the NBI to retain and use annually thirty percent (30%) of its collections from clearance fees for modernization and to augment operational expenses including capital outlay, expenses for health care services, career advancement and professionalization, legal assistance, seminars and other professional fees.
- Section 12 imposes a ceiling that annual appropriation from the clearance fee retention/use may not exceed one hundred fifty million pesos (P150,000,000.00).
Funding sources, IRR timelines, and transitory transfers
- Section 13 provides that implementation funds (including employee benefits) shall come from:
- collections from NBI clearance and certification fees;
- incidental income from trainings, tests, and the like;
- proceeds from sale of confiscated/forfeited articles after public auction from cases investigated by the NBI upon order of the court;
- other fees determined and imposed by the Director; and
- the General Appropriations Act.
- Section 14 requires the NBI Director, in coordination with the Secretary of Justice and the Secretary of Budget and Management, to promulgate implementing rules and regulations within sixty (60) days from the Act’s effectivity.
- Section 14 requires the DFA and the NBI to promulgate implementing rules and regulations on assignment and deployment of NBI personnel to select consular posts abroad within sixty (60) days from effectivity, for duties designated under a framework governed by Republic Act No. 7157 (“Philippine Foreign Service Act of 1991”), limited to duties except diplomatic and consular functions.
- Section 15 provides comprehensive transitory transfer and continuity rules covering appropriations, property, contracts, records and documents, rights/obligations/liabilities, and conversion or abolition of special investigator status under specified conditions.
Separability, repeals, and effectivity
- Section 16 provides separability: if any provision of the Act is declared invalid, the remaining provisions continue in force.
- Section 17 repeals or amends accordingly:
- Republic Act No. 157 dated 19 June 1947;
- Republic Act No. 2678 dated 18 June 1960;
- Section 12, Chapter 4, Title III, Book IV of Executive Order No. 292 (Administrative Code of 1987), as amended; and
- all laws, decrees, orders, rules and regulations or parts thereof that are contrary to or inconsistent with the Act.
- Section 18 provides effectivity fifteen (15) days after publication in the Official Gazette or in two (2) newspapers of general circulation.
- The Act was approved: JUN 23 2016.