Implementing Rules And Regulations of Republic Act No. 10867, Otherwise Known as the "National Bureau of Investigation Reorganization and Modernization Act"

December 19, 2016

IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 10867, OTHERWISE KNOWN AS THE "NATIONAL BUREAU OF INVESTIGATION REORGANIZATION AND MODERNIZATION ACT"

Pursuant to Section 14 of Republic Act No. 10867 (RA 10867), "An Act Reorganizing and Modernizing the National Bureau of Investigation (NBI), and Providing Funds Therefor" otherwise known as the "NBI Reorganization and Modernization Act," the following Implementing Rules and Regulations are hereby promulgated:

WHEREAS, RA 10867 was signed into law by the President of the Republic of the Philippines on June 23, 2016 and was published in two (2) newspapers of general circulation on June 29, 2016.

WHEREAS, Section 3 of RA 10867 mandates the reorganization and modernization of NBI to adequately meet the increasing demands of expanded investigative and detective work which includes the (i) implementation of a modernization program geared towards the acquisition of state-of-the-art investigative and intelligence equipment and the establishment of forensic and scientific laboratories; (ii) reorganization of its organizational structure and the establishment of Regional Office (RO) in every region, District Offices (DOs) in every province and Field Offices as the need arises; (iii) increase of personnel complement; (iv) upgrading of salaries of selected positions; and (v) training of personnel.

WHEREAS, Section 14 thereof mandates the NBI Director, in coordination with the Secretary of Justice and the Secretary of Budget and Management, to promulgate within sixty (60) days after its approval, such rules and regulations as may be necessary to carry out the provisions of the aforementioned law;

WHEREAS, NOW, THEREFORE, BE IT RESOLVED AS IT IS HEREBY RESOLVED, pursuant to the above-mentioned provisions of RA 10867 that the following Rules are adopted:

RULE I

Preliminary Provisions

SECTION 1. Title. — These rules and regulations shall be referred to as the Implementing Rules and Regulations of the "National Bureau of Investigation Reorganization and Modernization Act" hereinafter referred to as IRR.

SECTION 2. Purpose. — This IRR shall prescribe the guidelines, procedures and standards for the implementation of RA 10867.

SECTION 3. Scope. — This IRR shall cover the mandated functions and duties of the NBI and all activities of its offices and units to facilitate compliance and achievement of its powers and functions as enumerated under Section 4 of RA 10867 and defined under Section 15 of this IRR.

SECTION 4. Objectives. — This IRR, as stated in Section 2 of RA 10867, shall have the following objectives:

a. To promote and maintain an effective, modern, gender-responsive, competent and highly trained investigative body, functionally integrated and national in scope; and

b. To formulate plans and programs that enhance and modernize the NBI, with expanded structure, capability and manpower, responsive to the demands of times.

SECTION 5. Definition of Terms. — For purposes of this IRR, the following terms shall mean or be understood as follows:

a. Act refers to Republic Act No. 10867, entitled "An Act Reorganizing and Modernizing the National Bureau of Investigation, and Providing Funds Therefor," otherwise known as the "National Bureau of Investigation Reorganization and Modernization Act."

b. Consultant refers to an experienced professional providing expert advice in a specialized area.

c. District Office refers to the existing District Offices of the NBI and other District Offices which will be created in every province.

d. Expansion refers to the extension, broadening, growth and development of the NBI manpower, effective territorial, investigative, and intelligence coverage and forensic capabilities.

e. Field Office refers to the existing Satellite Offices of the NBI which primarily cater to clearance processing and issuance and such other offices which may be created by the Director as the need arises.

f. Informant refers to any individual designated by the Director to assist in the conduct of investigation.

g. Modernization refers to the progressive transition from a traditional to a modern organization in terms of administrative, operations and jurisdictional areas through a concrete and effective planning and implementation by the NBI management.

h. Primary Jurisdiction refers to the power of the NBI to investigate a case at first instance as stated under the Act.

i. Regional Office refers to the NBI Offices covering the existing eighteen (18) Regions and such other Regional Offices as may be created under the law. It exercises administrative and operational control of all NBI District and Field Offices within the Region.

j. Reorganization refers to the continuing restructuring/reengineering of the NBI in the areas of administration and operation services under a modernization plan formulated by its management and based on the existing laws. aScITE

k. State-of-the-art refers to the most recent stage in the development of an equipment incorporating the newest scientific, technological ideas and the most up-to-date features.

l. Transnational Crime refers to a crime coordinated across national borders, involving groups or networks of individuals working in more than one (1) country to plan and execute illegal activities/ventures using systematic violence and/or corruption to achieve their goals.

RULE II

Reorganization, Modernization and Expansion

SECTION 6. Modernization Program. — Pursuant to Section 3 of the Act, the NBI shall implement a modernization program geared towards the acquisition of state-of-the-art investigative and intelligence equipment and the establishment of forensic and scientific laboratories. The program shall include provisions for the training of its personnel.

The Modernization Program shall be revisited as the need arises and shall outline the strategic direction and key policy statements of the NBI to attain the following objectives, among others:

a. Pursue and implement the program on modernization, reengineering of the structural organization and strengthening of the NBI personnel in support of the strategic framework of the national government focusing on the core services of the NBI;

b. Facilitate continuing reforms towards good governance within the NBI focusing on professionalization of human resources, reengineering the organizational structure, internal processes and frontline services, and institutionalizing a performance management system to enhance efficiency and accountability in resource management;

c. Enhance the operational capability of the NBI in criminal detection and investigation by acquiring state-of-the-art technical equipment, enhancing human resources and improving its structural facilities;

d. Develop and implement training and educational programs designed to promote career development of each personnel of the NBI; and

e. Develop a system of budget allocation that is effective and efficient in serving the purpose for which it is allocated.

RULE III

Powers, Functions and Jurisdiction

SECTION 7. Powers and Functions. — The NBI shall have the following powers and functions:

a. Undertake investigation and detection of crimes and offenses under Section 5 of the Act and Article 6 hereof;

b. Issue subpoena for the appearance of any person for investigation or production of documents, through its officers from the ranks of Regional Director to Director;

c. Act as national clearing house of criminal records and other related information for the benefit of the government;

d. Render technical assistance to government agencies and instrumentalities, when so requested;

e. Extend assistance in cases involving extradition and mutual legal assistance, when requested by the Department of Justice;

f. Establish an NBI Academy which shall be responsible for the recruitment, training, and development of all NBI agents and personnel, among others;

g. Establish and maintain a Forensic and Scientific Research Center which shall serve as the primary center for forensic and scientific research in furtherance of scientific knowledge in criminal investigation, detection, evidence collection, and preservation, and provide the necessary training therefor;

h. Establish and maintain a Cyber Investigation and Assessment Center which shall serve as the nerve center for computer information technologies, data on cybercrime cases, computer intrusion, threats, and other related crimes or activities;

i. Establish and maintain an integrated, comprehensive, and state-of-the-art network equipment and facilities to be used by the NBI in its criminal investigation, detection, and evidence gathering, and to provide the corresponding training in this regard;

j. Request the assistance of the Philippine National Police (PNP), Armed Forces of the Philippines, or any other agencies of the government, including government-owned and/or -controlled corporations, in their anti-crime drives. Such assistance may include the use of the agency's personnel and facilities upon prior approval by the head of the agency concerned;

k. Conduct intelligence operations in furtherance of the foregoing powers and functions;

l. Enter into any contract or transaction for the acquisition, ownership, possession, administration, lease, disposition or acceptance of real or personal property in its name, subject to the approval of the Secretary of Justice;

m. Establish a modern NBI Clearance and Identification Center containing all derogatory and criminal records and civilian identification records, including their identifying marks and characteristics and fingerprint database, as well as dental records pursuant to Presidential Decree No. 1575, entitled "Requiring Practitioners of Dentistry to Keep Records of Their Patients;"

n. Maintain, for purposes of investigative forensic requirements of the NBI, relevant database such as ballistic records of firearms including, but not limited to, data ownership, possession, and other related identifying circumstances; and Deoxyribonucleic Acid (DNA) databank; and

o. Perform such other functions as the President or the Secretary of Justice may assign.

SECTION 8. Jurisdiction. — The NBI shall have primary jurisdiction to undertake investigations of the following cases: HEITAD

a. Human Trafficking cases in all airports in the Philippines;

b. Extrajudicial/Extra-legal killings committed by the state's security forces against media practitioners and activists;

c. Killings of justices and judges;

d. Violation of Republic Act No. 10175, otherwise known as the "Cybercrime Prevention Act";

e. Cases referred by the Inter-Agency Anti-Graft Coordinating Council (IAAGCC);

f. Violations of the Anti-Dummy Law;

g. 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;

h. Transnational crimes pursuant to existing international agreements.

List of transnational crimes as defined by the UN Office on Drugs and Crime to which the Philippine Government is a signatory, are as follows, to wit:

i. Money Laundering; aDSIHc

ii. Human Smuggling;

iii. Human Trafficking;

iv. Cyber Crimes;

v. Trafficking of illicit drugs;

vi. Trafficking of counterfeit drugs;

vii. Arms trafficking;

viii. Trafficking of endangered species;

ix. Organ legging/trafficking (illicit sale of human body parts);

x. Proliferation of radioactive materials;

xi. Terrorism;

xii. IPR Violations;

xiii. Crimes against humanity;

xiv. Smuggling of cultural artifacts;

xv. Commodities smuggling;

xvi. Environmental crimes; and

xvii. Any other crimes as may be included by international agreements such as Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) and Convention on the Rights of a Child (CRC) or local law;

The above list of transnational crimes shall also include all other crimes that may be further identified by international agreements which the Philippine government is a signatory.

i. Identification of the dead/victims in case of mass fatality incidents caused by natural disasters; and

j. Violations of commercial, economic, and financial or white-collar crimes such as, but not limited to, those punishable under Republic Act No. 8792, otherwise known as "E-Commerce Act of 2000"; Republic Act No. 8484, otherwise known as "Access Devices Regulations Act of 1998"; Republic Act No. 8293, otherwise known as "Intellectual Property Code of the Philippines"; Republic Act No. 8799, otherwise known as "Securities Regulation Code"; Presidential Decree No. 1689, otherwise known as "Decree Increasing the Penalty for Certain Forms of Estafa," and other similar penal statutes that may be enacted by Congress.

Provided, however, that the President or the Secretary of Justice may direct the NBI to undertake the investigation of any crime when public interest so requires.

Once the NBI takes cognizance of any of the aforementioned cases to which it has primary jurisdiction, the PNP and other law enforcement agencies/investigative entities shall collaborate with and render assistance to the NBI, which includes among others the turn-over of pertinent documents, records and other pieces of evidence relative to the case. In cases where 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.

RULE IV

Organizational Structure and Staffing Pattern

SECTION 9. The New Organizational Structure. — The present organizational structure of the NBI shall be reorganized into the Office of the Director, Office of the Deputy Director for Administration, Office of the Deputy Director for Operations, Office of the Assistant Directors for Investigation Service, Intelligence Service, Comptroller Service, Human Resource and Management Service, Forensic and Scientific Research Service, Legal Service, and Information and Communications Technology Service. Each service shall be composed of the necessary divisions and sections.

SECTION 10. Establishment of Regional and District Offices. — The NBI shall establish a Regional Office in every region to be headed by a Regional Director and District Offices in province to be headed by a Provincial Head Agent with the rank of Head Agent. Field Offices may also be established and maintained by the Director as the need arises.

The Director shall issue the necessary guidelines in the establishment of field offices taking into consideration the necessity of the office, its geographical location and the optimization of resources.

SECTION 11. Upgrading of Positions. — The following positions will be upgraded accordingly:

From	To
Old Position	New Position
	SG	Designation	Position Title	SG
Director VI	30	Director	Director VI	30
Director V	29	Deputy Director	Director V	29
(Assistant Director)
Director III	27	Assistant Director	Director IV	28
(Deputy Director)
Director II	26	Regional Director	Director III	27
(Regional Director)
Director I	25	Assistant Regional Director	Director II	26
(Assistant Regional Director I)
Investigation Agent VI	25		Head Agent	25
(Head Agent)
Investigation Agent V	24		Supervising Agent	24
(Supervising Agent)
Investigation Agent IV	23		Senior Agent	23
(Senior Agent)
Investigation Agent III	22		Agent	22
Investigation Agent II	20
Investigation Agent I	18
Special Investigator V	24
Special Investigator IV	22
Special Investigator III	18

The number of administrative support personnel shall also be increased to effectively carry out their functions and in proportion to the ideal investigative agent to population ratio. ETHIDa

In upgrading the Salary Grade pursuant to this Act, the following shall be observed:

a. The upgrading of Salary Grades (SG) of identified NBI personnel shall have its corresponding salary adjustment/increase effective from the date of the approval of the Act.

b. The adjusted salary of NBI personnel affected by the SG increase will be fully funded for the ensuing years from the effective date of the Act. Provided, that the NBI will coordinate with DBM the list of filled plantilla items affected by the SG increase.

SECTION 12. Staffing Complement. — The number of administrative personnel shall also be increased to effectively carry out their functions.

SECTION 13. Personnel Movement. — The NBI personnel occupying the positions affected by the changes embodied at the time of the approval of the Act shall thereafter assume and discharge the duties and functions of their new positions and shall receive the corresponding salary and benefits without the necessity of new appointment.

SECTION 14. The NBI Director. — The NBI shall be headed by the Director. He/She shall have the rank, salary, and benefits equivalent to that of an Undersecretary. He/She shall be appointed by the President and must have the following qualifications:

a. a natural-born citizen of the Philippines;

b. a member of the Philippine Bar;

c. has been engaged in the practice of law for at least fifteen (15) years;

d. preferably from within the ranks of Directors of the NBI.

SECTION 15. Powers and Functions of the NBI Director. — The Director shall have the following powers and functions:

a. Formulate policies, guidelines, and programs to effectively carry out the purpose of the Act;

b. Direct, control, and supervise the administration and operations of the NBI;

c. Promulgate rules and regulations as may be necessary or proper for the effective exercise of the powers and functions of the NBI, as well as the discharge of the duties and responsibilities of its officials and personnel;

d. Determine, from time to time, subject to availability of funds and the approval of the Secretary of Budget and Management, the limit of reasonable allowances, incentives, bonuses, privileges, and other benefits which may be given to the NBI personnel;

e. Create or abolish any division/unit and positions therein, as may be required by the exigencies of the service, subject to the endorsement of the Secretary of Justice and approval of the DBM;

f. Deploy any of its officials or personnel for missions abroad including, but not limited to, assignments as functionaries attached to any Philippine Embassy, consulate, or any other diplomatic office abroad in coordination with the Department of Foreign Affairs (DFA), provided, that any expense incurred by the NBI representative in the establishment of his/her office, including operation and maintenance, is shouldered by the NBI; cSEDTC

g. Hire consultants, subject to pertinent laws and rules, as may be deemed required by the exigencies of the service;

h. Issue mission orders and permits to carry duly licensed firearms outside residence to its agents, organic personnel assisting in the investigation, and other duly deputized personnel of the Department of Justice assisting the NBI in their investigative work;

i. Designate NBI informants for investigative purpose;

j. Remove, suspend, or otherwise discipline NBI agents and personnel for cause in accordance with Civil Service Rules and Regulations and other pertinent laws;

k. Determine and impose administrative fees;

l. Perform any and all acts necessary, proper, or incidental to the attainment of the purpose and objectives of the Act; and

m. Perform such other functions as may be provided by law or authorized by the Secretary of Justice.

SECTION 16. Qualifications of Deputy Director. — The Deputy Director shall be appointed by the President upon the recommendation of the Secretary of Justice and must have the following qualifications:

a. a citizen of the Philippines;

b. a member of the Philippine Bar;

c. has been engaged in the practice of law for at least ten (10) years;

d. comes from the ranks of the NBI.

SECTION 17. Qualifications of Assistant Director. — The Assistant Director shall be appointed by the President upon the recommendation of the Secretary of Justice and must come from the ranks of the NBI.

SECTION 18. Qualifications of Regional Director. — The Regional Director shall be appointed by the President upon the recommendation of the Secretary of Justice and must have the following qualifications:

a. a citizen of the Philippines;

b. a member of the Philippine Bar;

c. has been engaged in the practice of law for at least five (5) years;

d. comes from the ranks of the NBI.

SECTION 19. Qualifications of Assistant Regional Director. — The Assistant Regional Director shall be appointed by the President upon the recommendation of the Secretary of Justice and must come from the ranks of the NBI.

RULE V

NBI Agents

SECTION 20. Qualifications. — The minimum qualifications of NBI agents are the following:

a. Citizen of the Philippines;

b. Of good moral character;

c. A member of the Philippine Bar or a holder of a Baccalaureate Degree who passed the necessary government licensure examination relevant to the investigative functions of the NBI.

 For this purpose, the NBI shall conduct a periodic personnel audit to determine the necessity and number of agents with specialized education and skills in each division, regional, district and field office for recruitment purposes.

d. Successfully passed the competitive mental and physical examinations required by the NBI.

 All qualified applicants for agent shall undergo the necessary screening procedures including the mental and physical examinations. Competitive examinations mentioned herein shall refer to the Basic Training Course administered by the NBI Academy. SDAaTC

SECTION 21. Recruitment. — In furtherance of Section 17, the NBI Director shall issue the necessary hiring guidelines for NBI agents which aim to clearly define the application, selection, and appointment process of NBI agents as well as to establish professional standards and evaluation criteria which will ensure that highly competent individuals with the appropriate qualifications and specializations are hired as NBI agents.

The NBI Academy shall adopt a Quota System in the recruitment of agent-trainees. As such, all units shall be allotted a pre-determined number or quota of pertinent agent-trainees who are members of the Philippine Bar or board passers of baccalaureate degrees deemed relevant to the performance of their unit's functions and mandate.

These agent-trainees, after completing their basic training course, shall then be assigned to the unit where their educational and professional background can be efficiently utilized by the NBI.

SECTION 22. Powers and Functions. — The agents of the NBI shall have the following powers and functions:

a. Undertake investigations pursuant to the mandate of the NBI;

b. Conduct searches, arrests, and seizures in accordance with existing laws, rules and regulations;

c. Take and require sworn statements of any person or persons so summoned in relation to cases under investigation;

d. Administer oaths in cases under investigation; and

e. Such other functions as may be assigned by the NBI Director.

RULE VI

The Academy and Management Development

SECTION 23. The Academy. — The NBI Academy shall be the center for academic excellence and training for all agents, forensic investigators and employees of the NBI as well as other institutions on crime investigation and detection. For this purpose, it shall develop and institutionalize its academic and training programs consistent with the mandate of the NBI.

It shall adopt a standard procedure for recruitment and selection of agents and personnel which shall include, but not limited to, competitive tests and fitness in accordance with the standards and guidelines prescribed by the NBI.

The training and educational program of the Academy shall be geared towards developing key human resource competencies such as investigation, forensic and information technology, among others, to promote the career development of NBI personnel. Likewise, the NBI Academy may provide training and seminars to personnel of other institutions, public or private, for a fee.

To effectively carry out its mandate, the NBI Academy shall have adequate financial resources and sufficient number of faculty, administrative, technical and other support personnel. It shall develop and maintain an integrated system on trainings and development of personnel, acquire adequate and state-of-the-art training equipment, and maintain training facilities supportive of its programs.

The establishment of NBI Academy and different centers with corresponding staffing complement must be in consonance with the approved staffing pattern.

RULE VII

Benefits, Privileges and Professional Development Fees

SECTION 24. Benefits and Privileges. — The NBI shall provide its personnel with the following benefits:

a. Health care services through a Health Maintenance Organization (HMO) for its regular employees;

b. Accident insurance policies for all employees;

c. Trainings, scholarships, and seminars to deserving employees to upgrade their knowledge and skills, on official time and at the expense of the NBI;

d. Longevity pay, subject to guidelines that shall hereafter be issued by the NBI Director in accordance with existing laws and regulations and subject further to the approval of the DBM Secretary;

e. Hazard pay, subject to pertinent laws and rules; and

f. Transportation Benefits, subject to availability of funds, employees shall be provided with contracted transportation services until such time that the office can procure additional motor vehicles for this purpose.

SECTION 25. Seminars and Other Professional Fees. — Fees for relevant seminars, as well as professional membership fees for lawyers, registration fees, and related miscellaneous expenses incurred in completing the Mandatory Continuing Legal Education (MCLE) course shall be borne by the NBI. Likewise, professional membership fees, registration fees, including the mandatory Continuing Professional Education (CPE), and related miscellaneous expenses of other employees holding positions for which a professional license is required by the NBI, shall be borne by the NBI. acEHCD

RULE VIII

Use of Income and Funding Source

SECTION 26. Retention and Use of NBI Clearance Fees and Other Fees. — The NBI shall be authorized to retain and use thirty percent (30%) of its annual collections from clearance fees for its modernization and to augment its operational expenses such as, but not limited to, capital outlay, expenses for health care services, career advancement and professionalization, legal assistance, seminars and other professional fees, among others: Provided, That in no case shall said annual appropriation exceed one hundred fifty million pesos (P150,000,000.00).

The retained amount shall constitute a Trust Fund in the name of the NBI to carry out the provisions of the Act and the IRR.

SECTION 27. Creation of a Trust Fund. — Thirty percent (30%) or One Hundred Fifty Million Pesos, whichever is lesser, of the annual collections of the NBI from clearance fees shall be treated as a Trust Fund, which shall be deposited with the National Treasury and recorded as trust receipts. The NBI Director shall administer the Trust Fund, which shall be used exclusively for the purposes stated in Section 26 hereof. For this purpose, the NBI shall immediately initiate the creation of Trust Fund with the Bureau of Treasury.

SECTION 28. Releases from the Trust Fund. — Releases from the Trust Fund shall be made on a need basis upon the request of the NBI Director or his duly authorized representative for the issuance of Notice of Cash Allocation from the Department of Budget and Management. Every request shall be supported by a certification from the Bureau of Treasury as to the total amount actually deposited as of date and a Program of Expenditures.

SECTION 29. Funding Source. — The funds required for the implementation of the Act, including employee benefits, shall be taken from:

a. Collections from NBI clearance and certification fees;

b. Incidental income from trainings, tests, and the like;

c. Proceeds from the sale of confiscated/forfeited articles after public auction from the cases investigated by the NBI upon order of the court;

d. Other fees which may be determined and imposed by the Director; and

e. The General Appropriations Act.

SECTION 30. Transitory Provisions. —

a. All unexpended appropriations, real and personal property, contracts, records, and documents relating to the existing NBI shall be transferred to the reorganized NBI.

b. All rights, obligations, and liabilities of existing NBI shall likewise be deemed to be rights, obligations, and liabilities of the reorganized NBI.

c. All incumbent officials and personnel of the NBI shall continue in office and perform their duties as such without need of reappointment: Provided, That the incumbent Assistant Director shall continue in office as Deputy Director and the incumbent Deputy Directors shall continue in office as Assistant Directors of their respective or equivalent services.

d. Incumbent Special Investigators who have undergone the basic training course in the NBI Academy at the time of the passage of the Act but do not meet the qualifications of an agent as defined therein and in these rules shall remain as Special Investigators whose position status shall be converted from regular to co-terminus with the incumbent, to be abolished once vacated.

e. The implementation of the Act shall be in accordance with Republic Act No. 6656 (An Act to Protect the Security of Tenure of Civil Service Officers and Employees in the Implementation of Government Reorganization) and its existing implementing rules and regulations.

RULE IX

Miscellaneous Provisions

SECTION 31. Amendment. — This IRR may be amended, modified, or supplemented whenever necessary for effective implementation and enforcement of the Act.

SECTION 32. Separability Clause. — If any provision or part hereof is held invalid or unconstitutional, the remainder of the IRR or the provision not otherwise affected shall remain valid and subsisting.

SECTION 33. Effectivity Clause. — This IRR shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation.

APPROVED, December 19, 2016.

 

(SGD.) ATTY. DANTE A. GIERRAN, CPADirector

Published in The Philippine Star on December 20, 2016.