LEA NBI Flashcards
(9 cards)
- AN ACT REORGANIZING AND MODERNIZING THE NATIONAL BUREAU OF
INVESTIGATION (NBI), AND PROVIDING FUNDS THEREFOR (Approved: June 23, 2016)
REPUBLIC ACT NO. 10867
This Act shall be known as the “National Bureau of Investigation Reorganization
and Modernization Act”.
SEC 1. REPUBLIC ACT NO. 10867
Previous Salary Grade of Director I
(Assistant Regional Director)
SG 25
Give at least 3 of Sec.4 Powers and Functions of the NBIm
– The NBI shall have the following powers and functions:
(a) Undertake investigation and detection of crimes and offenses enumerated under Section 5
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 a national clearing house of criminal records and other related information for the
benefit of the government;
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(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 of
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 agency of the government, including government-owned and/or -controlled
corporations, in its anti-crime drive. 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;
(1) 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 and 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.
Give at least 3 Sec. 5. Jurisdiction of NBI.
The NBI shall have primary jurisdiction to undertake investigations in the following
cases:
(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 (IAGCC);
(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;
(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.
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Once the NBI takes cognizance of any of the aforementioned cases, the PHP and other law
enforcement agencies/investigative entities shall collaborate with and render assistance to the NBI. 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.
The NBI Director shall be appointed by the President and shall have the rank, salary, and
benefits equivalent to that of an __________________________.
Undersecretary
No person shall be appointed Director unless he or she
is a 1.)______________________________ and 2.)______________________________ who has been engaged in
the practice of law for at least 3.)_________ years, preferably from within the ranks of Directors.
- Natural-born citizen of the Philippines.
- A member of the Philippine Bar.
- fifteen (15)
No person shall be appointed Deputy Director or Regional Director unless he or she is a citizen
of the Philippines and a member of the Philippine Bar who has been engaged in the practice of law for at
least 1.)_______ Years for the Deputy Director and for at least 2.)________ Years for the Regional Director.
- 10 years
- 5 years
Give at least 3 of Sec. 7. Powers and Functions of the Director
The Director shall have the following powers and
functions:
(a) Formulate policies, guidelines, and programs to effectively carry out the purposes of this 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 the Department of Budget and Management (DBM), 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 or her office, including operation and
maintenance, is shouldered by the NBI;
(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 purposes;
(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 purposes
and objectives of this Act; and
(m) Perform such other functions as may be provided by law or authorized by the Secretary of
Justice.
