Professional Documents
Culture Documents
MANUAL OF OPERATIONS
Legal Department
1
MANUAL OF OPERATIONS
Table of Contents
I.
Introduction
II.
III.
IV.
V.
Office Forms
a. Legal Forms
1. Complaint Sheet
2. Affidavit of Loss
3. Memo for the Record
VI.
Reports
a. Status Report on Cases
b. Report on Collectibles
c. Performance Evaluation
d. Attendance Report
e. Notarial Registry Report
f. Statement of Assets, Liabilities and Net Income
g. Proposed Budget
h. Annual Procurement Plan
i. Case Calendar
j. Accomplishment Report
k. Workflow Chart
l. Budget Registry Utilization
INTRODUCTION
In our continuing quest for excellence in public service with the highest level of standard of competence
at work, and our own personal commitment to play a pro active role in the improvement of PCSOs
operation systems particularly at the Legal Department, it is with great honor and distinct privilege to
present the 2014 edition of Legal Departments Manual of Operations. This revised edition
incorporates, among others, key organizational and human resource information, operations procedure,
detailed functional statements and employees duties and responsibilities as well as relevant internal
policies and guidlines, consistent with the pertinent issuances of the Governance Commission for GOCCs
(GCG)
It is our sincere hope that this Operations Manual will serve as a fitting guide to the management and
the board with regard to the operational procedures of this department; to the officers and employees,
to facilitate their processes and for the effective implementation of policies; and to the public, as this
Manual conforms to the good governance reforms and principles to consciously observe the ethics of
accountability and transparency in public service.
We take this rare opportunity of expressing our sincere appreciation and thanks to our Honorable
Chairman, Honorable General Manager and Members of the Board of Directors, fellow senior officials
and staff for their unrelenting support to our department without which, the completion of this Manual
would not be realistically possible.
20 Decembery 2013
Our Vision
An ISO-certified government agency, with a permanent office by 2014,
generating an annual gross income of Php 100 billion and providing
timely and responsive health and welfare assistances in every
municipality by 2015.
Our Mission
We are the principal government agency mandated to generate funds for
health programs and charities of national character.
Core Values
1.
2.
3.
4.
5.
6.
7.
8.
God-centeredness;
Honesty, integrity, transparency and accountability;
Social Awareness and responsibility;
Professionalism and competence;
Creativity, innovativeness and resourcefulness;
Generosity and compassion;
Self-motivation and initiative;
Respectfulness.
Attorney V
SG 25
Secretary II
SG 9
Driver II
SG 4
Attorney V
Attorney V
SG 25
Attorney IV
SG 23
SG 25
Attorney IV
SG 23
Attorney IV
SG 23
Attorney IV
SG 23
Attorney IV
SG 23
Attorney IV
SG 23
Legal Officer IV
SG 22
Legal Officer IV
SG 22
Legal Assistant
SG 12
Legal Assistant
SG 12
Stenographer II
SG 6
Clerk IV
SG 8
Clerk IV
SG 8
Under the direct supervision of the General Manager, serves as Legal Counsel for the
Office in all matters relating to legal cases pending before any tribunals, administrative
bodies, courts of justice, prosecution offices and other quasi-judicial bodies;
Coordinates with the Office of the Government Corporate Counsel on legal matters
concerning the Agency, as necessary;
Provides the Board of Directors, General Manager, Assistant General Managers and all
other officials of the Office with technical and legal assistances on matters involving
questions of laws, rules and regulations affecting the PCSO and requiring their collective
or individual actions;
Provides and reviews legal opinions, comments, proposals, contracts and agreements;
Prepares contracts or agreements for review and approvalof the Members of the Board,
for signature of the Chairman and/or the General Manager;
Drafts recommendations of the investigating staff before these are referred for action to
the General Manager and the Chairman;
Hears and decides administrative disciplinary cases against erring officials and employees
and recommends to the Board through the General Manager appropriate disciplinary
action;
Initiates and prosecutes criminal and civil cases against defaulted authorized Sellers or
Agents;
Administers and supervises real estate mortgages executed by PCSO and initiates
foreclosure proceedings and consolidates ownership in favor of PCSO of foreclosed
properties;
POSITIONS
FUNCTION
80
10
81
ATTORNEY V
(SG 25)
82
SECRETARY II (SG 9)
11
83
DRIVER II (SG 4)
84
12
POSITIONS
ATTORNEY V (SG 25)
FUNCTION
Exercises supervision and control over the
Litigation and Investigation Division;
Supervises and reviews the work of the
lawyers and staff of the Division,
particularly in the proper prosecution and
litigation of cases;
Appears as Prosecutor in administrative
proceedings against erring officials and
employees before the PCSO Investigating
Committee;
Prepares pleadings, motion and other
papers on important cases involving the
PCSO which are not handled by the Office
of the Government Corporate Counsel or
the Public Prosecutors;
Assists, attends or closely coordinates with
the handling lawyer of the Office of the
Government Corporate Counsel on
important civil cases of the PCSO;
Appears as collaborating counsel with the
handling lawyer of the Office of the
Government Corporate Counsel on
important civil cases of the PCSO involving
highly technical and operation-related
matters;
Conducts fact-finding or preliminary
investigations of administrative complaints
filed against officials and employees of the
PCSO and renders Resolutions/Reports and
makes recommendations thereon for
review and approval of the Department
Manager;
Conducts
initial
investigations
on
fraudulent sweepstakes and lotto claims
and makes recommendation/s on the
proper action to be taken thereon to the
Department Manager;
Performs other related duties as may be
deemed necessary.
13
86
14
87
88
ATTORNEY IV (SG23)
15
89
90
16
91
92
STENOGRAPHER (SG 6)
17
ITEM NO.
POSITIONS
93
FUNCTION
Exercises supervision and control over the
Business and Legal Advisory Division;
Supervise and reviews the works of the
lawyers and staff of the Division particularly
in the drafting of opinions, legal advices or
comments on legal issues/queries concerning
the operations of any of the PCSO offices,
departments, and lotto outlets; position
papers regarding legislations and resolutions
of the legislature that affect PCSO or require
PCSOs participation and/or contribution and
preparation
and
review
of
contracts/agreements that may be entered
into by the PCSO with other government
agencies or private corporation/individuals;
Renders
opinions,
comments,
recommendations and position papers on
complex legal queries and issues involving
the operations of the PCSO;
Supervises and leads the conduct of legal
researches and studies on points of law that
may enhance the accomplishment of PCSOs
mandated tasks;
As may be designated by the Investigating
Committee, appears as Prosecutor in
administrative proceedings against erring
officials and employees before the
Investigating Committee;
May be assisned assist in the investigation
and litigation of cases;
Performs other related duties as may be
deemed necessary.
18
94
95
96
97
19
98
99
20
100
101
CLERK IV (SG 8)
21
WORKFLOW CHART
PROCEDURES
TRANSACTIONS
FLOWCHART
A.
Contract
Review
TIMETABLE
RESPONSIBLE
PERSON
BUILT IN
AUDIT
Secretary
Rubber
stamping
RECEIVED,
indicating initials of
and date and time
received by receiving
Secretary of Legal
Department; check
completeness
of
documents;
designation
of
receiving clerk/s.
RECOMMENDATION
START
1 minute
Working
Papers
Evaluates
documents,
writes notation and assigns
to lawyer or legal assistants
10 minutes
Dept. Manager
(in his absence/
unavailability,
Attorney V, Office
of
the
Dept.
Manager)
Logbook
of
all
assigned tasks on per
project basis
Acknowledgement by
assigned lawyer/legal
assistant
Contract Review:
Review
Contract
(Renewal)
Prepares Contract
Review for New
Endorsement
Submits draft
Manager
to
the
1 day
Assigned Lawyer
or Legal Asst.
1
Week
(research
of
applicable
Laws and
additional
data
is
needed)
Assigned Lawyer
or Legal Asst.
1 min.
Assigned Lawyer
or Legal Asst.
10 mins30mins
Evaluates transmittal,
contract and annexes
Revise /
amend
Approve?
NO
Department
Manager
Verification
/validation
by
reviewing officer of
citations /authorities
Department
Manager
YES
22
PROCEDURES
TRANSACTIONS
FLOWCHART
TIMETABLE
RESPONSIBLE
PERSON
2 minutes
Secretary II
Releases contract
BUILT IN
AUDIT
RECOMMENDATION
Receiving
clerks
initials,
printed
name and date on
Legal Departments
outgoing logbook or
file
copy
of
document
2 minutes
Clerk IV
END
23
PROCEDURES
TRANSACTIONS
FLOWCHART
B. Contract
Preparation
TIMETABLE
RESPONSIBLE
PERSON
BUILT IN
AUDIT
Secretary
Rubber
stamping
RECEIVED,
indicating initials of
and date and time
received by receiving
Secretary of Legal
Department; check
completeness
of
documents;
designation
of
receiving clerk/s.
RECOMMENDATION
START
1 minute
Working
Papers
Evaluates
documents,
writes notation and assigns
to lawyer or legal assistants
10 minutes
Dept. Manager
Logbook
of
all
assigned tasks on per
project basis
Acknowledgement by
assigned lawyer/legal
assistant
Prepares contracts
with
complete
documents
1 day to 5
days
Prepares contracts
involving substantial
amounts
or
complicated
contracts
Submits draft
Manager
to
the
Evaluates transmittal,
MOA/contract and annexes
Revise /
amend
Approve?
5 days to 2
weeks
1 min.
10 mins30mins
Assigned Lawyer
or Legal Asst.
Assigned Lawyer
or Legal Asst.
Assigned Lawyer
Department
Manager
Verification
/validation
by
reviewing officer of
citations /authorities
Department
Manager
NO
YES
24
PROCEDURES
TRANSACTIONS
FLOWCHART
TIMETABLE
RESPONSIBLE
PERSON
2 minutes
Secretary II
2 minutes
Clerk IV
Recording of MOA/Contract
Releases MOA/contract
BUILT IN
AUDIT
RECOMMENDATION
Receiving
clerks
initials,
printed
name and date on
Legal Departments
outgoing logbook or
file
copy
of
document
END
25
PROCEDURES
TRANSACTIONS
FLOWCHART
C.
Preparation
of
Position
Papers
TIMETABLE
RESPONSIBLE
PERSON
BUILT IN
AUDIT
Secretary
Rubber
stamping
RECEIVED,
indicating initials of
and date and time
received by receiving
Secretary of Legal
Department; check
completeness
of
documents;
designation
of
receiving clerk/s.
RECOMMENDATION
START
1 minute
Working
Papers
Evaluates
documents,
writes notation and assigns
to lawyer or legal assistants
10 minutes
Dept. Manager
assigned lawyer/legal
assistant
Submits draft
Manager
to
the
Assigned Lawyer
1 min
Assigned Lawyer
10 mins30mins
Revise /
amend
Approve?
1 to 3 days
Department
Manager
2 minutes
Department
Manager
2 minutes
Secretary II
Releases MOA/contract
2 minutes
NO
YES
END
Clerk IV
Receiving
clerks
initials,
printed
name and date on
Legal Departments
outgoing logbook or
file
copy
of
document.
26
PROCEDURES
TRANSACTIONS
FLOWCHART
D.
Preparation
of
Written
Legal Opinion
/ Comment
TIMETABLE
RESPONSIBLE
PERSON
BUILT IN
AUDIT
Secretary
Rubber
stamping
RECEIVED,
indicating initials of
and date and time
received by receiving
Secretary of Legal
Department; check
completeness
of
documents;
designation
of
receiving clerk/s.
RECOMMENDATION
START
Receives documents
endorsement/request
preparation
of
opinion/comment
containing
for
legal
1 minute
Working
Papers
Evaluates
documents,
writes notation and assigns
to lawyer or legal assistants
10 minutes
Dept. Manager
Acknowledgement by
assigned lawyer/legal
assistant
Prepares Legal
Opinion/Comment
1 to 7 days
Assigned Lawyer
(for complete
documents
and
no
additional
data gathering
needed)
15
Submits draft
Manager
to
the
Gathering of data
through comment
by concerned office,
department / unit;
Applicable exisiting
laws,
rules,
regulations
and
jurisprudence.
days
(data
gathering and
extensive
research
needed,
including
request
for
other depts.
to comment
on the issue)
Assigned Lawyer
1 min
Evaluates position paper
5 to
mins.
Revise /
amend
Approve?
30
2 minutes
NO
Department
Manager
Department
Manager
YES
Releases MOA/contract
END
2 minutes
2 minutes
Secretary II
Clerk IV
Receiving
clerks
initials,
printed
name and date on
Legal Departments
outgoing logbook or
file
copy
of
document.
27
PROCEDURES
TRANSACTIONS
E. Complaints
/
Criminal
Cases and Civil
Cases initiated
by the PCSO
thru the Legal
Department
FLOWCHART
TIMETABLE
RESPONSIBLE
PERSON
BUILT IN
AUDIT
RECOMMENDATION
START
Assigns cases to
lawyer/Legal Assistant for
preparation of initiatory
pleading and those
subsequent to the filing of
the Civil and/or Criminal
Case
10 minutes
Dept. Manager
assigned lawyer/legal
assistant
Assigned Lawyer /
Legal Assistant
2 hours
2 hours
Revision, amendment or
approval of the draft pleading;
additional instructions to the
handling lawyer/legal
assistant
Attorney V, Office
of
the
Dept.
Manager
Assigned Lawyer /
Legal Assistant
Attorney V
Litigation
and
Investigation
Division
4 hours
Department
Manager
Review of the OGCC
2 hours
Department
Manager
28
PROCEDURES
TRANSACTIONS
FLOWCHART
TIMETABLE
Endorsement to the
Office of the Government
Corporate Counsel
(OGCC) for handling
3 hours
1 hour
Hearing
Update/status report on
the case and of any
development thereon from
time to time submitted to
the Department Manager
RESPONSIBLE
PERSON
RECOMMENDATION
Dept. Manager
(in his absence /
unavailability,
Attorney V)
OGCC Lawyer /
Assigned In-House
Counsel or Legal
Assistant
1 hour
OGCC Lawyer /
Assigned In-House
Counsel
1 hour
Assigned In-House
Counsel / Legal
Assistant
1 hour
BUILT IN
AUDIT
Authority to file
case obtained from
the Office of the
Board of Directors
Assigned In-House
Counsel / Legal
Assistant thru
Attorney
V,
Litigation and ,
Investigation
Division
END
29
PROCEDURES
TRANSACTIONS
F.
Other
Complaints /
Criminal
or
Civil
Cases
endorsed
to
Legal
Department
by
other
departments
or units
FLOWCHART
TIMETABLE
RESPONSIBLE
PERSON
START
Receives documents
containing
endorsement/request for
appropriate legal action
Evaluates
document,
notation and assignment to
lawyer or legal assistants
2 minutes
10 minutes
BUILT IN
AUDIT
RECOMMENDATION
Rubber
stamping
RECEIVED,
indicating initials of
and date and time
received
by
Receiving Clerk of
Legal Department;
check completeness
of
documents;
designation
of
receiving clerk/s.
assigned lawyer/legal
assistant
Dept. Manager
Prepares endorsement
letter
Transmits through
personal delivery
10 minutes
Assigned In-House
Counsel / Legal
Assistant
2
hours
and
40
minutes
Legal Assistant
or
Records
Division, General
Services Dept.
30 minutes
Assigned In-House
Counsel/
Legal
Assistant
1 hour
Assigned In-House
Counsel/
Legal
Assistant
END
30
PROCEDURES
TRANSACTIONS
G.
Complaints
(text scam,
ambulance
scam)
FLOWCHART
TIMETABLE
RESPONSIBLE
PERSON
BUILT IN
AUDIT
Secretary
Obtain identification
and contact number
of complainant.
RECOMMENDATION
START
Assists complainant to
secure and fill-up the Legal
Dept.s Appointment /
Visitors Slip form
1 minute
7 minutes
Legal Assistant
Documentation of the
complaint
END
31
PROCEDURES
TRANSACTIONS
H.
Legal
Assistance /
free
legal
counseling
(lotto
and
sweepstakes
matters)
FLOWCHART
TIMETABLE
RESPONSIBLE
PERSON
BUILT IN
AUDIT
RECOMMENDATION
START
1 minute
7 minutes
Legal Assistant /
Lawyer
END
32
PROCEDURES
TRANSACTIONS
FLOWCHART
TIMETABLE
RESPONSIBLE
PERSON
BUILT IN
AUDIT
RECOMMENDATION
I.
I. Free legal
assistance to
employees
with
legal
concerns
involving
official
function
/transactions
START
1 minute
Secretary
15 to 20
minutes
Lawyer
Asst.
Request documents
subject
of
consultation
Legal
Initial interview by
legal assistant/staff
is documented.
END
33
PROCEDURES
TRANSACTIONS
J.
Anti-Fraud
Cases
FLOWCHART
TIMETABLE
RESPONSIBLE
PERSON
BUILT IN
AUDIT
RECOMMENDATION
START
Receives endorsement
from other depts. and
offices including walk-in
complainants
2 minutes
Evaluates
document,
notation and assigns to
lawyer or legal assistants
10 minutes
Interviews with
complainant and/or
person complained of
1 hour
Assigned Lawyer
or Legal Asst.
30 minutes
Assigned Lawyer
or Legal Asst.
Deliberates by
Anti-Fraud
Committee
2 hours
Refers to NBI/law
enforcement agency
Dept. Manager
2 hours
Rubber
stamping
RECEIVED,
indicating initials of
and date and time
received
by
receiving Clerk of
Legal Department;
check completeness
of
documents;
designation
of
receiving clerk/s.
Written follow-up
made
to
law
enforcement agency
In
coordination
with the
PCSO
Security
Force
Chief
END
34
PROCEDURES
TRANSACTIONS
K. Certificate
of
Appearance
FLOWCHART
TIMETABLE
RESPONSIBLE
PERSON
BUILT IN
AUDIT
RECOMMENDATION
START
Assists visitor to
secure and fills-up
Legal Dept.s
Appointment/Visitors
Slip
Transacts officially
with the visitor
Issuesf Certificate of
Appearance
1 minute
5 minutes /
10 minutes
3 minutes
Secretary
Presentation
and
photocopying
of
valid
I.D.
/
license/Travel Order
actual
presence.
Certificate must be
initialed by Records
Chief.
Department
Manager, Legal
Department, or
Legal
Dept.
Lawyers
Legal Assistant or
Clerk IV
Upon presentation
of a valid I.D./Travel
Order issued by
Mayor,
Congressman,
Governor
END
35
PROCEDURES
TRANSACTIONS
L.
Certified
true/xerox
copy/copies
of
legal
documents
FLOWCHART
TIMETABLE
RESPONSIBLE
PERSON
START
Legal Assistant
BUILT IN
AUDIT
RECOMMENDATION
1 minute
Assists visitor to
secure and fills-up the
Legal Dept.s Request
Form for
Photocpy/copies of
Documents
Active - 15
minutes
(depending
on
the
quantity of
pages)
Prepares letter
request to the
Chairman / General
Manager
APPROVAL
Lawyer
NO
YES
Issues Billing
Statement
1 minute
Legal Assistant
2 minutes
Requesting Party
1 minute /
5
pages
(depending
on
the
quantity of
pages)
Legal Assistant /
Clerk
Reproduces
documents
Releases Documents
Official
Receipt
issued
by
the
Treasury
Department
as
proof of payment
Archive
Minimum
of 3 days
END
36
PROCEDURES
TRANSACTIONS
M.
Notarization
of affidavits
and
other
legal
documents
FLOWCHART
TIMETABLE
RESPONSIBLE
PERSON
BUILT IN
AUDIT
RECOMMENDATION
START
Assists visitor to
secure Legal dept.s
minimum
Requirements for
Notarization
1 minute
Clerk
Examinines
documents if signed
and compares
signatures from the
ID presented
3 minutes
Clerk
~Rush~
Annotates in the
notarial register
10 minutes
(Rush)
Clerk
1 to 2 days
Affixes signature
3 minutes
Logbook
for
notarization
of
received documents
with date and name
of receiving clerk,
function as such is
by designation
Atty. Rosalyn C.
Cortes,
Notary
Public or Atty.
Anna
Liza P.
Inciong, Notary
Public
Clerk
END
37
PROCEDURES
TRANSACTIONS
N.
Certificate of
No Pending
Administrativ
e Case
FLOWCHART
TIMETABLE
RESPONSIBLE
PERSON
BUILT IN
AUDIT
RECOMMENDATION
START
Assists visitor to
secure and fill-up the
Legal Dept.s
Appointment /
Visitors Slip Form
1 minute
Secretary
5 minutes
Legal Assistant
Affixes initials
attesting that the
records were verified
1 minute
Attorney V
Affixes signature on
the certificate
1 minute
Department
Manager
30 seconds
Legal Assistant
Verifies of records
Prepares Certificate
Issues Certificate
END
Certificate of No
Pending Case duly
signed
by
the
Manager,
Legal
Dept.
CNPAC
system
monitors issuances
to
requesting
parties at a given
period
38
PROCEDURES
TRANSACTIONS
O. Transcript
of
Stenographic
Notes (TSN)
FLOWCHART
TIMETABLE
RESPONSIBLE
PERSON
BUILT IN
AUDIT
START
Assists visitor to
secure and fill-up the
Legal Dept.s form for
Request for
Photocopy/Copies of
Documents
Clerk
1 minute
Complies with
checklist of
information in
obtaining photocopy
of TSN
Reproduce
documents
Transcript
of
Stenographic Notes
duly certified as true
copy
by
the
Investigating
Committee
Stenographer or her
representative
Requesting Party
1 minute /
5
pages
(depending
on
the
quantity of
pages)
Administrative
Aide
Photocopying done
within
the
department and by
a legal personnel
Minimum
of 3 days
Archive
Issues Billing
statement
RECOMMENDATION
PhP2.00
per
copy/page - Fee
for
the
reproduciton
of
documents,
Transcript
of
Stenographic
Notes (TSN) or
certified
true
copies
of
documents/papers
1 minute
Payment to be
remitted to the
Treasury Dept.
Original copy of
the PCSO O.R. is
shown
and
photocopy of the
same
O.R.
is
submitted to the
Legal Department
/ Jennie Nabong,
Casual
Records
Officer
Legal Assistant
Pays to Cashier,
Treasury Department
2 minutes
Requesting Party
Releases Documents
2 minutes
Legal Assistant
Official
Receipt
issued
by
the
Treasury
Department
as
proof of payment
END
39
PROCEDURES
TRANSACTIONS
P.
Fidelity
Bond
Application
FLOWCHART
TIMETABLE
RESPONSIBLE
PERSON
Special Order of
Accountable Officer;
Legal Department
Fidelity
Bond
System monitors by
aging of bonds
START
Accountable
Officer and Legal
Assistant
Receives
accomplished Bond
Application Forms
and required
documents
Issues certificate of
actual processing
Compiles processed
Fidelity Bonds
BUILT IN
AUDIT
1 week
Legal Assistant
2 minutes
Department
Manager
1 day
Liaison Officer of
General Services
Department
RECOMMENDATION
This
function
should
be
transferred to the
Budget
and
Accounting
Department
because
of
Administrative
Order is furnished
to them.
Guaranteed / signed
by officer-in-charge
of Fidelity Bonds
2 minutes
Legal Assistant
END
40
PROCEDURES
TRANSACTIONS
FLOWCHART
Q. Borrowing
and
Returning of
Books
TIMETABLE
RESPONSIBLE
PERSON
Assists visitor to
secure and fill-up
Library
Division
Request Form
1 minute
Clerk
1 minute
Clerk
Issues
book/s
3 minutes
Clerk
Return of borrowed
book/s
RECOMMENDATION
Filling-up of request
form, all PCSO books
are duly marked
conspicuously
START
borrowed
BUILT IN
AUDIT
5 minutes
every
Friday
3 minutes
Accomplishment of
logbook for borrowed
and returned books
Clerk
Clerk
END
41
PROCEDURES
TRANSACTIONS
R. Clearance
for Vacation/
Sick/
Retirement
and
Maternity
Leave
FLOWCHART
TIMETABLE
BUILT IN
AUDIT
RESPONSIBLE
PERSON
START
Concerned
employee
officer
3 minutes
Annotates the
details with or
without pending
Administrative Case
3 minutes
Attorney
V,
Business
and
Advisory Division
1 minute
Attorney
V,
Business
and
Advisory Division
Signs Clearance
1 minute
Department
Manager
Issues clearance
1 minute
Secretary
Affixes initials
below the name of
the Manager
RECOMMENDATION
END
42