#16 Understanding Salient Provisions of RA 10867

 

Lesson Objectives:

At the end of this module, you should be able to:

1. Identify the cases where the NBI have primary jurisdiction to undertake investigation.

2. Identify the qualifications of NBI Agents

Sec. 5. Jurisdiction. – The NBI shall have primary jurisdiction to undertake investigations in the following cases:ChanRoblesVirtualawlibrary

(a) Human Trafficking cases in all airports in the Philippines;cralawlawlibrary

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

(c) Killings of justices and judges;cralawlawlibrary

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

(e) Cases referred by the Inter-Agency Anti-Graft Coordinating Council (IAGCC);cralawlawlibrary

(f) Violations of the Anti-Dummy Law;cralawlawlibrary

(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;cralawlawlibrary

(h) Transnational crimes pursuant to existing international agreements;cralawlawlibrary

(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, 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 and Other Officials. – The NBI shall be headed by a Director and assisted by two (2) Deputy Directors, one for Administration and another for Operations, and an Assistant Director for each of the following 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.

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 natural-born citizen of the Philippines and a member of the Philippine Bar who has been engaged in the practice of law for at least fifteen (15) years, preferably from within the ranks of Directors.

The Assistant Regional Directors to Deputy Directors shall likewise be appointed by the President of the Philippines, coming from the ranks of the NBI, upon the recommendation of the Secretary of Justice.

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 ten (10) years for the Deputy Director and for at least five (5) years for the Regional Director.

Sec. 8. Qualifications of NBI Agents. – The minimum qualifications of NBI agents are the following:ChanRoblesVirtualawlibrary

(a) Citizen of the Philippines;cralawlawlibrary

(b) Of good moral character;cralawlawlibrary

(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; and

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

What is the difference between the old positions of NBI and new positions?

Answer: The data below is from Sec. 3 of RA 10867. Reorganization, Modernization, and Expansion.

Old Positions		New Positions
Director VI	Investigation Agent I	Director
Director                               V (Assistant Director)	Investigation Agent II	Deputy Director
Director                              III (Deputy Director)	Investigation Agent III	Assistant Director
Director                               II (Regional Director)	Special Investigator V	Regional Director
Director                                I (Assistant                Regional Director)	Special Investigator IV	Assistant                 Regional Director
Investigation       Agent      VI (Head Agent)	Special Investigator III	Head Agent
InvestigatbnAgent               V (Supervising Agent)		Supervising Agent
Investigation       Agent      IV (Senior Agent)		Senior Agent
Investigation Agent III		Investigation       Agent       III (Agent)