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Mandate from Presidential Decree No.

242, and is now embodied


in Sections 66 to 71, Chapter 14, Book IV of E.O. 292.
The Department of Justice (DOJ) derives its mandate primarily
from the Administrative Code of 1987 (Executive Order No. The Secretary is likewise empowered to act on all queries
292). It carries out this mandate through the Department Proper and/or requests for legal advice and guidance from private
and the Department's attached agencies under the direct control parties and other officials and employees of the
and supervision of the Secretary of Justice. government.

Under Executive Order (EO) 292, the DOJ is the government's 2. Administration of the Criminal Justice System
principal law agency. As such, the DOJ serves as the
government's prosecution arm and administers the The DOJ investigates the commission of crimes and

government's criminal justice system by investigating crimes, prosecutes offenders through the National Bureau of

prosecuting offenders and overseeing the correctional system. Investigation (NBI) and the National Prosecution Service
(NPS),respectively. Likewise, the DOJ administers the
The DOJ, through its offices and constituent/attached agencies,
probation and correction system of the country through
is also the government's legal counsel and representative in
the Bureau of Corrections (BuCor), the Board of Pardons
litigations and proceedings requiring the services of a lawyer;
and Parole (BPP)and the Parole and Probation
implements the Philippines' laws on the admission and stay of
Administration (PPA).
aliens within its territory; and provides free legal services to
indigent and other qualified citizens. 3. LRA . mandated to issue decrees of registration and
certificates of titles and register documents, patents
1. Legal Counsel of Government
and other land transactions for the benefit of
landowners
The DOJ, through the Office of the Solicitor General
4. COMMISSION ON THE SETTLEMENT OF LAND
(OSG) and the Office of the Government Corporate
PROBLEMS - (COSLAP)
Counsel (OGCC), acts as the legal representative of the
Government of the Philippines, its agencies and assume jurisdiction and resolve land problems or disputes
which are critical and explosive in nature considering, for
instrumentalities including government owned and
instance, the large number of the parties involved, the
controlled corporations and their subsidiaries, officials and
presence or emergence of social tension or unrest, or other
agents in any proceeding, investigation or matter requiring
similar critical situations requiring immediate action:
the services of a lawyer.  Between occupants/squatters and pasture lease agreement
holders or timber concessioners;
EO 292 specifically designates the Secretary as Attorney-  Between occupants/squatters and government reservation
General and ex-officio legal adviser of government-owned grantees;
 Between occupants/squatters and public land claimants or
or controlled corporations (GOCC) and their subsidiaries.
applicants;
The Secretary exercises administrative adjudicatory  Petitions for classification, release and/or subdivision of land of
powers over all controversies between/among government the public domain; and
 Other similar problems of grave urgency and
agencies, including government owned and controlled magnitude.
corporations including their subsidiaries. This power of
adjudication of the Secretary originally stemmed
5. Regulation of Immigration

The DOJ provides immigration and naturalization regulatory authorized representative is authorized to act on
services and implements the laws governing citizenship and immigration matters, including waiver of visas and
the admission and stay of aliens through the Bureau of admission of aliens, except deportation matters.
Immigration (BI). Also, under Administrative Order No.
142 dated August 23, 1994, the Secretary or his duly-
Likewise, the DOJ, through the DOJ Refugee Processing The DOJ provides free legal assistance/representation to
Unit (DOJ-RPU), processes applications for refugee status indigents and poor litigants as well as other qualified
of persons pursuant to the obligations of the Philippines as persons in criminal, civil, and labor cases, administrative
signatory to the 1951 Convention and 1967 Protocol and other quasi-judicial proceedings and non-commercial
relating to the Status of Refugees. disputes through the Public Attorney's Office
(PAO)pursuant to RA No. 9406.
6. Provision of Free Legal Assistance

citizenship and the admission and stay of


aliens through the Bureau of Immigration (BI).
7. In addition to performing its mandate under E.O. 292, the
Department is significantly involved in the implementation 3. The DOJ investigates the commission of
of the following penal, national security, and social welfare crimes and prosecutes offenders through
laws: the National Bureau of Investigation (NBI).

 The Witness Protection, Security and Benefit Act 4. The main objective of the National Bureau of
(R.A. 6981), which mandates the DOJ to formulate and Investigation is the establishment and
implement a Witness Protection, Security and Benefit
Program for the admission and protection of witnesses; maintenance of a modern, effective and
efficient investigative service and research
 Implementation of the Victims Compensation
Program through the Board of Claims created under agency for the purpose of implementing fully
the DOJ (RA 7309);
principal functions provided under Republic
 Administrative Order No. 99 (1988), designated DOJ Act No. 157, as amended.
as lead implementor of Justice System Infrastructure
Program (JUSIP) that was tasked to 5. The Parole and Probation Administration
construct/rehabilitate decent office buildings for judges,
prosecutors, public attorneys, probation officers, and (PPA) provides a less costly alternative to
registers of deeds;
imprisonment of offenders who are likely to
 Executive Order 180 (1987), which created the Public respond to individualized community based
Sector Labor Management Council, of which the
Secretary is a member, to provide guidelines for the treatment programs.
exercise of the right of government employees to
organize; 6. he Presidential Commission on Good
Government shall be charged with the task of
assisting the President in the recovery of ill-
gotten wealth accumulated by former
AGENCIES
President Ferdinand E. Marcos, his
1. The Bureau of Corrections (BuCor) is charged immediate family, relatives, subordinates and
with custody and rehabilitation of national close associates, whether located in the
offenders, that is, those sentenced to serve a Philippines or abroad, including the takeover
term of imprisonment of more than three (3) or sequestration of all business enterprises
years. and entities owned or controlled by them,

2. In accordance with the Revised during his administration.

Administrative Code of 1987, the Commission 7. The Public Attorney's Office exists to provide
on Immigration and Deportation was renamed the indigent litigants, the oppressed,
BUREAU OF IMMIGRATION as it is more marginalized and underprivileged members of
properly called today. The DOJ provides the society free access to courts, judicial and
immigration and naturalization regulatory quasi-judicial agencies, by rendering legal
services and implements the laws governing services, counseling and assistance in
consonance with the Constitutional mandate function as the body principally
that free access to courts shall not be denied responsible for coordinating and
to any person by reason of poverty in order to monitoring the investigation and
ensure the rule of law, truth and social justice prosecution of cases involving
as components of the country's sustainable violations of R.A. No. 7610 and other
development. child-related criminal laws.

8. To promote, develop and expand the use of 2. It is a program established under


alternative dispute resolution (ADR) in the Republic Act No. 6981, "The
private and public sectors; and, to assist Witness Protection, Security and
government to monitor, study and evaluate Benefit Act", which seeks to
the sue by the public and the private sector of encourage a person who has
ADR, and recommend to Congress needful witnessed or has knowledge of the
statutory changes to develop, strengthen and commission of a crime to testify
improve ADR practices in accordance with before a court or quasi-judicial body,
world standards. or before an investigating authority,
by protecting him from reprisals and
9. The Office of the Solicitor General which is an
from economic dislocation.
independent and autonomous office attached
to the Department of Justice for budgetary 3. By virtue of Proclamation No. 792
purposes is the legal representative of the and No. 120 dated September 5,
Government of the republic of the Philippines, 1991 and December 15, 1992,
its agencies and instrumentalities and its respectively, ?Converting a portion
officials and agents in any litigation, of the prison site of the New Bilibid
proceeding investigation or matter requiring Prison declaring as the site of the
the services of a lawyer before the local court Department of Justice (DOJ)
systems or international fora. Housing Projects?.

10. The Land Registration Authority is mandated 4. Republic Act No. 7309 is the law
to issue decrees of registration and creating the Board of Claims under
certificates of titles and register documents, the Department of Justice granting
patents and other land transactions for the compensation for victims of unjust
benefit of landowners, Agrarian Reform- imprisonment or detention and
beneficiaries and the registering public in victims of violent crimes.
general; to provide a secure, stable and Who may apply for compensation?
trustworthy record of land ownership and
 A person who was unjustly accused convicted and
recorded interests therein so as to promote
imprisoned and subsequently released by virtue of a
social and economic well-being and judgment of acquittal;
 A person who was unjustly detained and released
contribute to national development. without being charged;
 A person who is a victim of arbitrary detention by the
authorities as defined in the Revised Penal Code
under a final judgment of the court; or
Programs  A person who is a victim of a violent crime which
includes rape and offenses committed with malice
1. The CSPC is hereby strengthened which resulted in death or serious physical and/or
psychological injuries, permanent incapacity or
and reorganized to effectively disability, insanity, abortion, serious trauma, or
committed with torture, cruelty or barbarity.
5. The Inter-Agency Council Against Trafficking (IACAT) is the Undersecretary shall be assigned primarily administrative
body mandated by law to coordinate and monitor the responsibilities.
implementation of Republic Act No. 9208, or the Anti-
Legal Staff - (1) Assist the Secretary in the performance of his
Trafficking in Persons Act of 2003, with the Department of duties as Attorney General of the Philippines and as ex-officio
justice as the lead agency. It was formed under section 20 of legal adviser of government-owned or controlled corporations
or enterprises and their subsidiaries;
R.A. 9208, and is composed of the following government
agencies and non-government sectoral representatives: (2) Prepare and finally act for and in behalf of the Secretary on
all queries and/or requests for legal advice or guidance coming
from private parties and minor officials and employees of the
government;
The IACAT conducts many different projects geared towards
the elimination of trafficking in persons in the Philippines, (3) Maintain and supervise the operation of the Department
prevention of the occurrence of trafficking, the protection and Law Library as well as its personnel; and

rehabilitation of victims and conviction of trafficking offenders. (4) Perform such other functions as are now or may hereafter
be provided by law or assigned by the Secretary.

Office of the Chief State Prosecutor. - The Office of the Chief


6. Republic Act No. 10175 or the Cybercrime Prevention Act of State Prosecutor shall have the following functions:
2012 created the Office of Cybercrime (OOC) within the DOJ
(1) Assist the Secretary in the performance of powers
and designated it as the Central Authority in all matters relating and functions of the Department relative to its role as
to international mutual assistance and extradition for cybercrime the prosecution arm of the government;

and cyber-related matters. (2) Implement the provisions of laws, executive orders
and rules, and carry out the policies, plans, programs
It also acts as the focal agency in formulating and implementing and projects of the Department relative to the
investigation and prosecution of criminal cases;
law enforcement investigation and prosecution strategies in
curbing cybercrime and cyber-related offenses nationwide. (3) Assist the Secretary in exercising supervision and
control over the National Prosecution Service as
constituted under P. D. No. 1275 and/or otherwise
hereinafter provided; and
7. The “INTER-AGENCY COMMITTEE ON EXTRA-LEGAL
(4) Perform such other functions as may be provided
KILLINGS, ENFORCED DISAPPEARANCES, TORTURE AND by law or assigned by the Secretary.
OTHER GRAVE VIOLATIONS TO THE RIGHTS TO LIFE,
LIBERTY AND SECURITY OF PERSONS” (IAC)

Mandate: To serve as the government’s institutional machinery


dedicated to the resolution of unsolved cases of political
CHAPTER 3 OGCC
violence in the form of extra-legal killings (ELK), enforced
disappearances (ED), torture and other grave violations of the Office of the Solicitor General (OSG) and the Office of the
right to life, liberty and security of persons. Government Corporate Counsel (OGCC), acts as the legal
representative of the Government of the Philippines, its
agencies and instrumentalities including government
CHAPTER 2 Department Proper owned and controlled corporations and their subsidiaries,
officials and agents in any proceeding, investigation or
Undersecretaries. - The Secretary shall be assisted by three (3)
matter requiring the services of a lawyer.
Undersecretaries. The Secretary is hereby authorized to
delineate and assign the respective functional areas of EO 292 specifically designates the Secretary as Attorney-
responsibility of the Undersecretaries, provided, that such General and ex-officio legal adviser of government-owned
responsibility shall be with respect to the mandate and or controlled corporations (GOCC) and their subsidiaries.
objectives of the Department; and provided, further, that no The Secretary exercises administrative adjudicatory
BUCOR
powers over all controversies between/among government
agencies, including government owned and controlled
To carry out its mandate, the Bureau undertakes the following:
corporations including their subsidiaries. This power of  Confine persons convicted by the courts to serve a sentence in
adjudication of the Secretary originally stemmed national prisons.
 Keep prisoners from committing crimes while in custody.
from Presidential Decree No. 242, and is now embodied
 Provide humane treatment by supplying the inmates' basic
in Sections 66 to 71, Chapter 14, Book IV of E.O. 292. needs and implementing a variety of rehabilitation programs
designed to change their pattern of criminal or anti-social
behavior.
 Engage in agro-industrial projects for the purpose of
Highlights of PAO Law developing prison lands and resources into productive bases or
profit centers, developing and employing inmate manpower
• The Chief Public Attorney, Deputy Chief Public skills and labor, providing prisoners with a source of income
Attorneys and Regional Public Attorneys shall not be and augmenting the Bureau's yearly appropriations.

removed or suspended, except for cause provided by


MISSION
law;
Effective safekeeping and rehabilitation of national prisoners.
• The clients of the PAO are exempted from payment of
docket and other fees incidental to instituting an VISION

action in court and other quasi-judicial bodies; Improved national prisons conducive to the reformation and
rehabilitation of inmates that will bring them back into the
• The PAO is exempted from payment of charges on mainstream of society as useful citizens of the country.
postage stamps and mail matters;
LRA
• Public Attorney’s positions at the ratio of one public
attorney to an organized court sala;
The LRA exists for the sole purpose of implementing and
• PAO lawyers have general authority to administer protecting the Torrens system of land titling and registration, as
oaths in connection with the performance of duty. No well as registration of transactions involving personal
need to apply before the courts for authority as notary properties. Through its Registry Offices, it constitutes as the
public; central repository of all land records involving registered or
titled lands as well as registered transactions involving
• The Chief Public Attorney, the Deputy Chief Public
unregistered or untitled lands.
Attorneys, the Regional Public Attorneys, the
Provincial, City and Municipal District Public It issues decrees of registration pursuant to final judgment of
Attorneys, other PAO lawyers and officials who have the courts in land registration proceedings and cause the
direct supervision over PAO lawyers shall be granted issuance by a registrar of deeds the corresponding certificate
special allowances not exceeding 100% of the basic of title.
salary of PAO officials and lawyers.
It is tasked to issue all subsequent or transfer certificates of
BOARD OF PAROLE title. It keeps the title history or records of transaction involving
titled or registered lands. It provides legal and technical
SECTION 5. Filing of Petition. — A formal petition for executive
clemency addressed as follows shall be submitted to the Board assistance to the courts relative to land registration cases, and
before the question of said clemency will be considered
to other government agencies with respect to registration of
Petitions for parole shall be addressed to the Chairman or to administratively issued titles. It likewise extends assistance to
the Executive Director of the Board.
DAR in the implementation of the Comprehensive Agrarian
However, the Board may, motu proprio, consider cases for Reform Program (CARP).
parole, commutation of sentence or conditional pardon of
deserving prisoners whenever the interest of justice will be
served thereby.
COSLAP

Executive Order No. 561 (September 21, 1979 ) created the


Commission on the Settlement of Land Problems (COSLAP),
taking over the functions of the defunct Presidential Action
Committee on Land Problems.

z Executive Order No. 708 (July 27, 1981) placed COSLAP


under the administrative supervision of the Department of
Justice (DOJ).

z Executive Order No. 292 (July 25, 1987), or the


Administrative Code of 1987, provided for COSLAP as one of
the attached agencies of the DOJ.

Mandate

The Commission on the Settlement of Land Problems


(COSLAP) assists small landowners, tillers, informal settlers,
and indigenous cultural minorities in settling their land
problems or disputes by means of speedy and inexpensive
investigation, conciliation, and adjudication.

OSG

The Office of the Solicitor General is an independent and


autonomous office attached to the Department of Justice [1].
Although the OSG is attached to the DOJ, the OSG is not a
constituent unit of the DOJ[2]. The DOJ's authority, control and
supervision over the OSG are limited only to budgetary
purposes.[

The OSG represents the Government of the Philippines, its


agencies and instrumentalities and its officials and agents in
any litigation, proceeding, investigation or matter requiring the
services of lawyers. When authorized by the President or head
of the office concerned, it shall also represent government
owned or controlled corporations. The Office of the Solicitor
General shall discharge duties requiring the services of
lawyers. It shall have the following specific powers and
functions:

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