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• Aside from the PNP, there are many more law enforcement agencies in this jurisdiction, one of which is the NBI
• NBI was created on November 13, 1936, upon the approval of Commonwealth Act No. 181
• The creation of NBI was the brainchild of the late President Manuel Quezon and Secretary of Justice Jose Yulo
• Thomas Dugan, a veteran American police captain from the New York Police Department, and Flaviano C. Guerrero, the only Filipino member of the United States Federal Bureau of Investigation, were tasked with organizing a 'Division of Investigation' (DI) patterned after the United States Federal Bureau of Investigation (FBI)
• Around forty-five (45) men were selected as agents from among three hundred (300) applicants for the NBI, with a civilian staff composed of doctors, chemists, fingerprint technicians, photographers, stenographers, and clerks
• During the Japanese occupation, the DI was affiliated with the Bureau of Internal Revenue (BIR) and the Philippine Constabulary known as the Bureau of Investigation (BI)
• RA No. 157 was passed on June 19, reorganizing the BI into NBI
• RA No. 10867 was passed on June 23, 2016, entitled "National Bureau of Investigation Reorganization and Modernization Act"
• Functions of NBI


  • Undertake investigation and detection of crimes and offenses
  • Issue a subpoena for the appearance of any person for investigation or production of documents
  • Act as a national clearing house of criminal records and other related information for the benefit of the government
  • Render technical assistance to government agencies and instrumentalities, when so requested
  • Extend assistance in cases involving extradition and mutual legal assistance, when requested by the Department of Justice
  • Establish an NBI Academy responsible for the recruitment, training, and development of all NBI agents and personnel, among others
  • Establish and maintain a Forensic and Scientific Research Center
  • Establish and maintain a Cyber Investigation and Assessment Center
  • 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
  • Request the assistance of the Philippine National Police (PNP), Armed Forces of the Philippines, or a
• Article XVI, Section 6 of the 1987 Philippine Constitution provides for the establishment and maintenance of one police force, national in scope and civilian in character, to be administered and controlled by a national police commission
• The PNP is considered the premier law enforcement agency in the country, but it is not the sole law enforcement agency in the jurisdiction
• Strict compliance to constitutional and statutory rights of persons shall always be observed in every stage of police performance of its roles and duties
• Establish and maintain an integrated, comprehensive, and state-of-the-art network of equipment and facilities


  Used by the NBI in its criminal investigation, detection, and evidence gathering, and to provide the corresponding training in this regard
• Request the assistance of the Philippine National Police (PNP), Armed Forces of the Philippines, or any other agency of the government


  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
• Conduct intelligence operations


  In furtherance of the foregoing powers and functions
• 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
• 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
• Maintain relevant databases


  Such as ballistic records of firearms, data ownership, possession, and other related identifying circumstances; and Deoxyribonucleic Acid (DNA) databank
• Perform other functions


  As the President or the Secretary of Justice may assign
• Exercise discretion


  Defined as an authority conferred by law to act in a certain condition or situation in accordance with an official or an official agency's own considered judgment and conscience
• Use of force against a civilian


  A decision that must be made quickly and often under stressful and ambiguous circumstances
• Criminal Investigation


  An art which deals with the identity and location of the offender and provides evidence of his guilt through criminal proceedings
• Elements of Investigative Process

  Recognition, Collection, Preservation, Evaluation
• Phases of Criminal Investigation

  Identification of criminal offender, Tracing, locating and arrest of the offender, Gathering of evidence to prove his guilt in the criminal proceeding
• Arrest


  Defined as the taking of a person into custody in order to
• Criminal Investigation


  1. Identification of criminal offender

  2. Tracing, locating and arrest of the offender

  3. Gathering of evidence to prove guilt in the criminal proceeding
• ARREST: Criminal Apprehension
• Arrest


  Defined as the taking of a person into custody in order that he may be bound to answer for the commission of an offense
• Arrest is considered as the most controversial and well-known function of a police officer
• Modes of arrest


  • By the actual restraint of the person to be arrested
  • By his submission to the custody of the person making the arrest
• Force or violence may be employed when necessary in the conduct of arrest
• No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subjected to a greater restraint than is necessary for his detention
• What is prohibited is unnecessary force or violence. However, if the employment of such force or violence is necessary to secure the conduct of arrest or to secure the life or limb of the person making the arrest or other persons, it is allowed
• Search as an incident of Arrest

  The person making the arrest may conduct a body search against the arrested person to confiscate various items related to the crime
• The duty of the arresting officer is to arrest the accused and deliver him to the nearest police station or jail without unnecessary delay
• Warrant of Arrest must be executed within ten days from its receipt. A report must be made to the judge who issued the warrant in case of failure to execute it
• A warrant of arrest has no expiry date; it remains valid until the arrest is effected or the warrant is lifted
• Warrantless Arrest or Arrest without a warrant is permitted in specific circumstances outlined in the Rules of Court