National Bureau of Investigation

The NBI, as the national clearing house of all criminal and other records and information, cannot release any official and/or internal documents pursuant to limitations prescribed by law, rules, and regulations to the right of access to information, viz-

For the guidance of all government offices and instrumentalities covered by EO No. 2 S, 2016 and the general public, the following are the exceptions to the right to access to information, as recognized by the Constitution, existing laws, and jurisprudence:

xxx			xxx			xxx

3. Information concerning law enforcement and protection of public and personal safety:

a. investigation records compiled for law enforcement purposes of information which if written would be contained in such records, but only to the extent that the production of such records or information would- 

iii. disclose the identity of a confidential source and the case of a record compiled by a criminal law enforcement authority in the course or a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source.


xxx			xxx			xxx

7. Records of proceedings or information from proceedings which, pursuant to law or relevant rules and regulations, are treated as confidential or privileged; 

More importantly, Item No. 6 of the Department of Justice Circular No. 048 dated 04 August 1993, provides that:

“Records or information compiled for law enforcement purposes containing techniques, procedures or guidelines or other classified matters for investigations or prosecutions shall not be made available to the public.” 

This is affirmed in the case of Francisco I. Chavez v. Public Estates Authority and Amari Coastal Bay Development Corporation (G.R. No. 133250, 09 July 2002), which declares:

The right to information, however, does not extend to matters recognized as privileged information under the separation of powers. The right does not also apply to information on military and diplomatic secrets, information affecting national security, and information on investigations of crimes by law enforcement agencies before the prosecution of the accused, which courts have long recognized as confidential. The right may also be subject to other limitations that Congress may impose by law.

This prohibition is further reinforced by this Bureau’s Manual on Freedom of Information, which provides:

“Information, documents or records known by reason of official capacity are deemed confidential, including those submitted or disclosed by entities to government agencies, tribunals, and board of officers, in relation to the performance of their official functions or to inquiries or investigation conducted by them in the exercise of their administrative, regulatory, or quasi-judicial powers.”

Accordingly, the Bureau is bound by the above-cited limitations. Its proceedings are deemed confidential and all information gathered in the course of investigation must be treated with utmost confidentiality and sensitivity.

Please be guided accordingly.