Senator Alan Peter Cayetano questions NBI’s authority to investigate crimes beyond charter limits

Senator-judge Alan Peter Cayetano questioned National Bureau of Investigation (NBI) Director Melvin Matibag on Tuesday over the bureau's interpretation of its investigative powers, arguing that the agency may be expanding its authority beyond its statutory mandate.

The sharp exchange occurred during the eighth day of Vice President Sara Duterte's impeachment trial, following Matibag’s testimony that the NBI possesses broad authority to initiate probes independently or in response to public complaints.

“Lahat ng mga pumapasok sa amin na mga krimen ay amin pong pwedeng imbestigahan motu proprio. Ganon din po y’ung mga krimen na mayroon pong nagreklamo,” Matibag said.

(“All crimes reported to us can be investigated on our own initiative. The same goes for crimes brought to us through complaints.”)

Cayetano pushed back by citing Republic Act No. 10867 (the NBI Reorganization and Modernization Act), which explicitly enumerates the offenses falling under the bureau's primary jurisdiction.

Clear Statutory Boundaries

Reading directly from the statute, Cayetano noted that Section 5 limits the NBI's primary authority to specific, high-priority offenses, including:

• Human trafficking

  
  

• Extrajudicial killings involving media practitioners

• Cybercrime and financial crimes

• Anti-graft cases endorsed by the Inter-Agency Anti-Graft Coordinating Council

• Violations of the Anti-Dummy Law

• Threats against top government officials

• Transnational crimes and mass fatality cases

Cayetano underscored a key provision in the law stating that the NBI can only step outside this specific list to investigate "any crime" if directly ordered by the President or the Secretary of Justice when public interest demands it.

“Why does the law have to specify 'any crime' under those conditions if you can investigate any crime after all? It seems that you're expanding your jurisdiction by yourself,” Cayetano told Matibag.

“Nandiyan iyong law. So, exclusive yung enumeration. Then it adds, ‘Provided, however, that the President or Secretary of Justice may direct the NBI to undertake investigation of any crime when public interest so requires.’ So hindi ba limited ang pwede niyong imbestigahan, except pag Department of Justice at Presidente ang nag-atas?” Cayetano added.

Jurisdiction vs. assistance

Matibag acknowledged the statutory list but argued it does not strictly prevent the NBI from assisting in other investigations.

“Yes, y’ung pong ating listahan na iyan, tama po, nandiyan. Subalit hindi naman po sinasabi na nalilimita diyan ang aming pong pag-imbestiga,” Matibag answered. “We can still help and coordinate in the same way that if we are the primary investigating body.”

Cayetano rejected that defense, pointing out that expanding an explicit legal list violates fundamental legal principles taught in law school regarding statutory construction.

“Director, if that's your interpretation, that goes against what they taught us in law school—na kapag exclusive y’ung enumeration, you cannot add,” Cayetano said.

-Paraluman News