Delegation by the Director of the National Bureau of Investigation of Authority to Personally Endorse or Authorize Applications for Search Warrants to Key Officers

August 14, 2017

OCA CIRCULAR NO. 171-2017

 

Paragraph 5, OCA Circular No. 40-2016, provides, among others, that "[t]he heads of the National Bureau of Investigation (NBI), the Philippine National Police (PNP), the Anti-Crime Task Force (ACTAF) and the Philippine Drug Enforcement Agency (PDEA) shall personally endorse (or authorize) all applications for search warrants involving heinous crimes, illegal gambling, illegal possession of firearms and ammunitions as well as violations of the Comprehensive Dangerous Drugs Act of 2002, the Intellectual Property Code, the Anti-Money Laundering Act of 2001, the Tariff and Customs Code, as amended, and other relevant laws that may hereafter be enacted by Congress, and included by the Supreme Court x x x"

In a subsequent letter dated 3 August 2017 addressed to the Court Administrator, Director Dante A. Gierran, National Bureau of Investigation, has delegated his authority to endorse or authorize all applications for search warrants to the following key officers of the NBI in their respective territorial jurisdictions:

1. Regional Directors or Acting Regional Directors;

2. Deputy Director for Regional Operations Services;

3. Deputy Director for Intelligence Services; and

4. Deputy Director for Investigative Services.

Accordingly, all applications for search warrants enforceable within the territorial jurisdiction of the issuing court endorsed or authorized by the above-named officers of the NBI shall be sufficient compliance with OCA Circular No. 40-2016.

However, applications for search warrants filed with the Executive Judges of the City of Manila and Quezon City, to be enforced outside their respective territorial jurisdictions pursuant to A.M. No. 99-10-09-SC, * must be personally endorsed or authorized by the Director of the NBI himself, or by the Deputy Director for Intelligence or Investigative Services of the NBI, to whom the authority has been delegated. aDSIHc

For strict compliance.

(SGD.) JOSE MIDAS P. MARQUEZCourt Administrator

Footnotes

* Resolution Clarifying the Guidelines on the Application for and Enforceability of Search Warrants, issued on 25 January 2000, as amended by A.M. No. 03-8-02-SC, Guidelines on the Selection and Designation of Executive Judges and Defining their Powers, Prerogatives and Duties, issued on 27 January 2004, further amended on 4 June 2013, as provided in OCA Circular No. 87-2013.