Introduction

In the Philippine legal system, locating a defendant, witness, or other relevant party is often a critical step in pursuing a lawsuit. Whether in civil, criminal, or administrative proceedings, effective service of summons, subpoenas, or notices ensures due process and the proper administration of justice. The National Bureau of Investigation (NBI), as the premier investigative agency of the Philippine government, is frequently associated with law enforcement and intelligence gathering. This raises the question: Can the NBI help locate a person specifically for the purposes of a lawsuit?

This article explores the role of the NBI in such scenarios, grounded in Philippine laws, jurisprudence, and established practices. It examines the legal framework governing the NBI's functions, the circumstances under which it may provide assistance, procedural requirements, limitations, and alternative mechanisms available to litigants. While the NBI's involvement is more common in criminal investigations, its potential utility in civil or quasi-civil matters warrants detailed analysis.

Legal Mandate and Functions of the NBI

The NBI operates under Republic Act No. 10867 (2016), which modernized and reorganized the agency, enhancing its capabilities in investigation, intelligence, and forensic services. Originally established by Republic Act No. 157 (1947), the NBI's core mandate includes:

Investigating violations of Philippine laws, particularly major crimes such as murder, kidnapping, human trafficking, cybercrimes, corruption, and economic sabotage.
Conducting intelligence operations to prevent crimes and gather evidence.
Providing technical assistance to other law enforcement agencies, including the Philippine National Police (PNP).
Issuing clearances and certifications related to criminal records, which can indirectly aid in verifying identities or backgrounds.

Under Section 3 of RA 10867, the NBI is empowered to "undertake investigations of crimes and other offenses against the laws of the Philippines, upon its own initiative and as public interest may require." This broad authority allows the NBI to engage in surveillance, data collection, and location efforts, but primarily in the context of criminal probes rather than civil disputes.

In relation to lawsuits, the NBI's role is not explicitly designed for routine civil process serving. However, if a lawsuit has a criminal dimension—such as a civil action arising from a crime (e.g., damages from estafa or fraud under Article 100 of the Revised Penal Code)—the NBI may become involved. For instance, in cases where a complaint-affidavit is filed with the Department of Justice (DOJ) for preliminary investigation, the NBI could be tasked to locate the respondent if they are evading authorities.

Circumstances Where NBI Assistance May Be Sought

1. Criminal Cases and Quasi-Criminal Proceedings

In purely criminal prosecutions, the NBI often plays a direct role in locating suspects or witnesses. For example:

If a warrant of arrest is issued by a court (pursuant to Rule 112 of the Revised Rules of Criminal Procedure), the NBI may execute it or assist in tracking the individual.
In human rights cases or those involving national security, the NBI's Intelligence Service can deploy resources like surveillance teams or database searches to find persons of interest.
Under the Anti-Money Laundering Act (RA 9160, as amended), the NBI collaborates with the Anti-Money Laundering Council to trace individuals involved in financial crimes, which may overlap with civil forfeiture actions.

For lawsuits with a criminal aspect, such as those filed under the Bouncing Checks Law (Batas Pambansa Blg. 22), where civil liability is inherent, NBI assistance in locating the accused can facilitate both criminal and civil resolutions.

2. Civil Lawsuits with Investigative Needs

In civil cases, the NBI's involvement is more limited but possible under specific conditions:

Court-Ordered Assistance: A litigant may petition the court to request NBI help if the person cannot be located through ordinary means. For example, in family law cases like annulment or support suits (under the Family Code), if a spouse is missing, the court might direct the NBI to verify their whereabouts, especially if abandonment or bigamy is alleged.
Substituted Service of Summons: Rule 14 of the 1997 Rules of Civil Procedure allows for substituted service if personal service fails after diligent efforts. While the NBI is not typically involved here, if the case involves fraud or evasion suggesting criminal intent, a motion could argue for NBI intervention.
Witness Protection and Location: Under Republic Act No. 6981 (Witness Protection, Security and Benefit Act), the NBI can locate and protect witnesses for both criminal and civil cases if threats exist. This indirectly aids lawsuits by ensuring key persons are available for testimony.

3. Administrative and Special Proceedings

In administrative cases before agencies like the Securities and Exchange Commission (SEC) or the Bureau of Immigration, the NBI may assist in locating respondents if the matter involves regulatory violations with criminal penalties. For instance, in corporate disputes under the Revised Corporation Code (RA 11232), if a director is absconding with assets, the NBI could investigate upon DOJ referral.

Procedural Steps to Request NBI Assistance

To engage the NBI for locating a person in a lawsuit context:

File a Formal Request: Litigants or their counsel must submit a written request to the NBI Director or a regional office, detailing the lawsuit's nature, the person's details (e.g., full name, last known address, photos), and why NBI help is necessary. This should reference relevant laws or court orders.
Court or DOJ Endorsement: For credibility, obtain a court order or DOJ endorsement. In criminal cases, the prosecutor may request NBI action during preliminary investigation.
Provide Supporting Documents: Include copies of the complaint, summons, or warrants. The NBI may require affidavits attesting to prior failed location attempts (e.g., via sheriff's return).
NBI Evaluation: The agency assesses the request based on its mandate. If approved, it may use tools like the NBI Clearance System, inter-agency databases, or field operations. Fees may apply for certain services, such as background checks (around PHP 115-200 for clearances).
Timeline and Follow-Up: Processing can take days to months, depending on urgency. Results are confidential and shared only with authorized parties to comply with data privacy under RA 10173 (Data Privacy Act).

Limitations and Challenges

Despite its capabilities, the NBI's assistance is not guaranteed or always appropriate:

Jurisdictional Constraints: The NBI prioritizes national-level crimes; minor civil disputes are handled by local police or private investigators. Overloading the NBI with non-criminal matters could lead to denial.
Privacy and Human Rights Concerns: Locating someone must respect constitutional rights against unreasonable searches (Article III, Section 2 of the 1987 Constitution). Unauthorized surveillance could violate RA 10173 or lead to habeas data petitions.
Resource Limitations: With a focus on high-profile cases, the NBI may deprioritize routine requests. As of recent reports, the agency handles thousands of cases annually, straining its personnel.
No Direct Enforcement Power in Civil Matters: Unlike sheriffs, NBI agents cannot serve civil summons without court authorization.
Potential for Abuse: Requests must not be for harassment; misuse could result in counter-charges under RA 10175 (Cybercrime Prevention Act) if involving digital tracking.

Jurisprudence, such as in People v. Court of Appeals (G.R. No. 144332, 2004), underscores that law enforcement assistance must align with due process, limiting arbitrary NBI involvement.

Alternatives to NBI Assistance

If NBI help is unavailable or unsuitable, consider:

Court Sheriffs and Process Servers: Primary for service under the Rules of Court.
Philippine National Police (PNP): Local stations can assist in locating persons via blotter reports or community inquiries, especially for welfare checks.
Private Investigators: Licensed under RA 5487, they offer discreet location services for a fee.
Government Databases: Use agencies like the Philippine Statistics Authority (PSA) for civil registry checks or the Land Transportation Office (LTO) for vehicle records, with proper authorization.
Digital Tools: Social media, public records, or apps like Skip Tracing software, while ensuring compliance with data privacy laws.
Publication Service: For unknown whereabouts, courts allow service by publication in newspapers (Rule 14, Section 14).

Conclusion

The NBI can indeed assist in locating a person for a lawsuit in the Philippines, but primarily when the matter intersects with criminal investigations or requires specialized intelligence. Its role is supplementary, not substitutive, for standard civil procedures. Litigants should weigh the necessity against alternatives, ensuring requests are legally grounded to avoid delays or denials. Ultimately, effective collaboration between courts, prosecutors, and the NBI upholds the rule of law, but overuse could dilute the agency's focus on combating serious crimes. For specific cases, consulting a lawyer is essential to navigate these complexities.