Republika ng Pilipinas

KAGAWARAN NG KATARUNGAN Department of Justice Manila

DEPARTMENT TO

CIRCULAR NO.

51

6 July 2010

Undersecretaries and Assistant Secretaries All Heads of Bureaus, Commissions & Offices attached to the DOJ The Prosecutor General; Senior Deputy State Prosecutors; Deputy State Prosecutors; Senior Assistant State Prosecutors; Assistant State Prosecutors; & Prosecution Attorneys The Chief State Counsel; Assistant Chief State Counsels & State Counsels All Regional State Prosecutors, their Deputies, Senior Assistants, Assistants & Prosecution Attorneys All Provincial and City Prosecutors, their Senior Deputies, Deputies, Senior Assistants, Assistants & Associates All Concerned : Memorandum Circular No.1

SUBJECT

Attached herewith is a copy of Memorandum Circular No. I, dated 30 June 2010, entitled "DECLARING ALL CO-TERMINOUS THIRD LEVEL POSITIONS VACANT AS OF 30 JUNE 2010; DIRECTING ALL NONCAREER EXECUTIVE SERVICE OFFICIALS (NON-CESO) OCCUPYING CAREER EXECUTIVE SERVICE (CES) POSITIONS TO CONTINUE TO PERFORM THEIR DUTIES AND RESPONSffiILITIES; AND EXTENDING THE SERVICES OF CERTAIN CONTRACTUAL AND/OR CASUAL EMPLOYEES WHOSE CONTRACTS EXPIRE ON 30 JUNE 2010." All concerned are hereby enjoined to proceed accordingly. For guidance and strict compliance .

O"J1,,,lmtlnl "I Just":,, SLMI.-JO-OOOB361

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RepulJlika ng Pilipinas

KAGAWA RAN NG KATARUNGAN Department of Justice Manila

DEPARTMENT CIRCULAR NO.

S0

A CIRCULAR PROVIDING FOR GUIDELINES FOR IMPLEMENTING THE PROSECUTION SERVICE ACT OF 2010, REPUBLIC ACT NO. 10071

By virtue of the enactment of

REpUBLIC ACT

No. 10071, the

Prosecution Service Act 012010, and in the interest of proper, orderly and

rational implementation thereof, the following guidelines, rules, and regulations are adopted:
PRELIMINARY CHAPTER: SHORT TITLE AND TABLE OF CONTENTS SECTION I. Short title. - This 10071 Guidelines." (n) SEC. CIRCULAR

may be cited as

"RA

2. Table of contents. - The table of contents of this

CIRCULAR

is as follows:
PRELIMINARY CHAPTER: SHORT TITLE AND TABLE OF CONTENTS SECTION I. Short title SEC. 2. Table 01 contents SEC. 3. Construction; severability SEC. 4. Effective date CHAPTER I: DEFINITION SEC.

OF TERMS

100. Definition of terms

CHAPTER II: THE NATIONAL PROSECUTION

SERVICE AND POWER OF THE SECRETARY OF JUSTICE

SEC. 20 I. National prosecution service SEC. SEC.

202. Constituent offices 203. Responsibility of the national prosecution service 111: OFFICE OF THE SECRETARY OF JUSTICE
PROSECUTION STAFF

SEC. 204. Power of the Secretary of Justice CHAPTER

SEC. 30 I. Prosecution staff SEC. 302. Members SEC. 303. Functions

Republika ng Pilipinas KAGAWARAN NG KATARUNGAN Department of Justice Manila

25 June 2010 DEPARTMENT CIRCULAR NO. ~

To

All Regional State Prosecutors, Provincial and City Prosecutors and their Assistants, State Prosecutors and Prosecution Attorneys Further guidelines in the investigation and prosecution of cases involving violations of Republic Act No. 9208, otherwise known as the "Anti-Trafficking in Persons Act of 2003"

Subject:

In furtherance of the policy of Republic Act No. '9208, otherwise known as the "Anti-Trafficking in Persons Act of 2003", to value the dignity of every human person and guarantee the respect of individual rights: 1. The directives of DOJ Circular No. 18, series of 2005, are hereby reiterated and enjoined for observance by all prosecutors, subject to the following provisions. 2. When there is probable cause of Trafficking in Persons, commission of Acts that Promote Trafficking in Persons, and Qualified Trafficking in Persons under Republic Act No. 9208 in a case subject of inquest or preliminary investigation, the investigating prosecutor shall prepare the resolution and Information for the applicable violation of Republic Act No. 9208. 3. Immediately upon the issuance of the subpoena to the respondent in a preliminary investigation, or upon the initiation of an inquest, involving an alleged violation of Republic Act No. 9208, the investigating officer shall transmit to the Secretariat of the Inter-Agency Council Against Trafficking (IACAT) and the Regional Office of the Department of Social Welfare and Development a report stating the title, number and investigating officer of the

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I

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case, and the name, age, sex, and other relevant circumstances of any victim, for the determination of the measures of custody, protection, and lor assistance appropriate to the said victim's case. 4. In the investigation of a case involving an alleged violation of Republic Act No. 9208, the periods stated in the Revised Rules of Criminal Procedure shall be strictly observed. 5. The investigating prosecutor in a preliminary investigation involving an alleged violation of Republic Act No. 9208 shall, together with the draft resolution of the investigation, submit a report to the provincial or city prosecutor or chief state prosecutor the following information: a) The date of the filing of the complaint; b) The date of the issuance of the subpoena to the respondent, if any; c) The date of the receipt of the subpoena by the respondent, if any; d) The date of the submission of the counter-affidavit, if any; e) The dates of clarificatory hearings conducted in the preliminary investigation, if any; f) The date of the draft resolution; and g) The date of the transmission of the records of the case to the provincial or city prosecutor or chief state prosecutor. In case the dates indicate non-compliance with the periods stated in the Revised Rules of Criminal Procedure, the investigating prosecutor shall explain in the report the cause of the delay. 6. Upon his/her approval or disapproval of the resolution of the investigating prosecutor, the provincial or city prosecutor or chief state prosecutor shall submit a report to the IACAT Secretariat stating the date of receipt of the records of the case and of the approval or disapproval of the resolution. The report shall append a copy of the report of the investigating prosecutor required under the preceding paragraph hereof.

Republika ng Pilipinas

KAGAW ARAN NG KATARUNGAN

Department of Justice Manila
LML- DC- 3 I H 10- J2!fi

DEPARTMENT

CIRCULAR

NO.

------

66

31 August 2010

SUBJECT: DELEGA nON OF AUTHORITY TO SIGN OR APPROVE RESOLUTIONS ON APPEALED CASES

In the interest of the service and pursuant to the provisions of existing laws, with the end view of expediting the disposition of appealed cases, the following are hereby authorized to sign or approve resolutions on appealed cases for and in behalf of the Secretary of Justice:

A. UNDERSECRETARY

JOSE VICENTE B. SALAZAR

Resolutions on petitions for review of, or appeals from, the resolutions of the Prosecutor General, Regional State Prosecutors, Provincial Prosecutors and City Prosecutors in Luzon and the Resolutions issued by the respective City Prosecutors of the following National Capital Region cities: I. 2. 3. 4. 5. Quezon City Caloocan Malabon Navotas Valenzuela

on preliminary investigation, inquest or reinvestigation and appeals regardless of the penalty.

B. UNDERSECRETARY

FRANCISCO

F. BARAAN III

Resolutions on petitions for review of, or appeals from, the resolutions of the Prosecutor General, Regional State Prosecutors, Provincial Prosecutors and City Prosecutors in the Visayas and the Resolutions issued by the respective City Prosecutors of the following National Capital Region Cities: 1. 2. 3. 4. 5. Manila Marikina Pasig Mandaluyong San Juan

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.,

.
the penalty.
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'

on preliminary investigation, inqvest or reinvestigation and appeals regardless of

c. UNDERSECRETARY

LEAH C. T ANODRA-ARMAMENTO

Resolutions on petitions for review of, or appeals from, the l'esolutions of the Prosecutor General, Regional State Prosecutors, Provincial Prosecutors and City Prosecutors in Mindanao and the Resolutions issued by' the respective City Prosecutors ofthe following National Capital Region Cities: 1. Makati 2,. Pasay 3. Parafiaque 4. Las Pinas 5. Muntinlupa 6. ' Taguig and Pateros on preliminary investigation, inquest ,or reinvestigation and appeals regardless of the penalty.

D. PROSECUTOR

GENERAL CLARO A. ARELLANO

Resolutions for the outright denial of the petitions for review of, or appeals from, the resolutions of the 'Regional State. Prosecutors, Provincial and City Prosecutors on preliminary investigation, inquest or reinvestigation . . The Secretary of Justice shall he the sole signatory on all Resolutions ill Motions for Reconsideration hom resolutions issued by the, abovenamed Undersecretaries and the Prosecutor General. Nothing in this Department Circular shall diminish the authority of the Secretary of Justice to directly act on all petitions for review or appeals. This Department Circular supersedes all issuances inconsistent herewith, takes effect immediately and shall remain in force until further orders.
,

~~~LEILA M. DE LIMA Secretmy

ll"I",rlm'",' "I Ju',''':"

Copy furnished: All concerned.

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