National Bureau of Investigation Reorganization and Modernization Act

Case Overview and Summary

Summary of Republic Act No. 10867 (National Bureau of Investigation Reorganization and Modernization Act)

Declaration of Policy (Section 2)
- Promote and maintain an effective, modern, gender-responsive, competent and highly trained investigative body that is functionally integrated and national in scope.

Reorganization, Modernization, and Expansion (Section 3)
- Reorganize and modernize the NBI to meet increasing investigative demands.
- Implement a modernization program for acquiring state-of-the-art equipment and establishing forensic/scientific labs.
- Reorganize the organizational structure into various offices and services.
- Establish regional and district offices nationwide.
- Increase personnel complement and upgrade positions with corresponding salary grades.

Powers and Functions (Section 4)
- Undertake investigation and detection of crimes under Section 5.
- Issue subpoenas for appearance or production of documents.
- Act as a national clearing house of criminal records.
- Render technical assistance to government agencies.
- Assist in extradition and mutual legal assistance cases.
- Establish an NBI Academy for recruitment, training, and development.
- Establish a Forensic and Scientific Research Center.
- Establish a Cyber Investigation and Assessment Center.
- Establish integrated equipment and facilities for investigation.
- Request assistance from other government agencies.
- Conduct intelligence operations.
- Enter into contracts for acquisition/disposition of property.
- Maintain a modern NBI Clearance and Identification Center.
- Maintain relevant databases like ballistic records and DNA databank.
- Perform other functions assigned by the President or Secretary of Justice.

Jurisdiction (Section 5)
- Primary jurisdiction over cases involving:
- Human trafficking at airports (5a)
- Extrajudicial/extra-legal killings against media and activists (5b)
- Killings of justices and judges (5c)
- Cybercrime violations (5d)
- Cases referred by the IAGCC (5e)
- Anti-Dummy Law violations (5f)
- Threats against top government officials (5g)
- Transnational crimes (5h)
- Identification of victims in mass fatality incidents (5i)
- Commercial, economic, financial or white-collar crimes (5j)
- The President or Secretary of Justice may direct the NBI to investigate any crime when public interest requires it.

NBI Director and Other Officials (Section 6)
- Headed by a Director appointed by the President.
- Director must be a natural-born Filipino, member of the Philippine Bar with at least 15 years of law practice.
- Two Deputy Directors (for Administration and Operations).
- Seven Assistant Directors for various services.
- Deputy Directors and Regional Directors must be Filipino citizens, members of the Philippine Bar with at least 10 years (Deputy) or 5 years (Regional) of law practice.

Powers and Functions of the Director (Section 7)
- Formulate policies, guidelines, and programs.
- Direct, control, and supervise NBI administration and operations.
- Promulgate rules and regulations.
- Determine allowances, incentives, bonuses, and benefits for personnel.
- Create or abolish divisions/units and positions.
- Deploy officials or personnel for missions abroad.
- Hire consultants.
- Issue mission orders and permits to carry firearms.
- Designate NBI informants.
- Discipline NBI agents and personnel.
- Determine and impose administrative fees.
- Perform other necessary acts and functions.

Qualifications of NBI Agents (Section 8)
- Filipino citizen
- Good moral character
- Member of the Philippine Bar or holder of a relevant Baccalaureate Degree
- Pass mental and physical examinations required by the NBI

Powers and Functions of Agents (Section 9)
- Undertake investigations pursuant to the NBI mandate.
- Conduct searches, arrests, and seizures in accordance with laws.
- Take sworn statements from summoned persons.
- Administer oaths in cases under investigation.
- Perform other functions assigned by the Director.

Benefits and Privileges (Section 10)
- Health care services through an HMO.
- Accident insurance policies.
- Trainings, scholarships, and seminars.
- Longevity pay (subject to guidelines).
- Hazard pay.
- Transportation benefits.

Seminars and Other Professional Fees (Section 11)
- NBI to bear fees for relevant seminars, professional membership fees, MCLE, CPE, and related expenses.

Retention and Use of NBI Clearance Fees (Section 12)
- NBI authorized to retain and use 30% of clearance fee collections annually, up to 150 million pesos, for modernization and operational expenses.

Funding Source (Section 13)
- Clearance and certification fees
- Incidental income from trainings, tests, etc.
- Proceeds from sale of confiscated/forfeited articles
- Other fees determined by the Director
- General Appropriations Act

Implementing Rules and Regulations (Section 14)
- To be promulgated within 60 days by the NBI Director, Secretary of Justice, and Secretary of Budget and Management.
- DFA and NBI to promulgate rules on assignment of NBI personnel abroad within 60 days.

Transitory Provisions (Section 15)
- Unexpended appropriations, property, contracts, records, and documents of existing NBI to be transferred.
- Rights, obligations, and liabilities of existing NBI to be assumed.
- Incumbent officials and personnel to continue in office.
- Incumbent Assistant Directors to become Deputy Directors, and incumbent Deputy Directors to become Assistant Directors.
- Incumbent Special Investigators who don't meet new qualifications to remain co-terminous with incumbent.

Separability Clause (Section 16)
- If any provision is declared invalid, remaining provisions shall continue to be valid.

Repealing Clause (Section 17)
- Repeals or amends contrary provisions in Republic Act No. 157, Republic Act No. 2678, Section 12 of the Administrative Code of 1987, and other inconsistent laws, decrees, orders, rules and regulations.

Effectivity (Section 18)
- Act shall take effect 15 days after publication in the Official Gazette or two newspapers of general circulation.