BOOK IV

THE EXECUTIVE BRANCH

TITLE III
JUSTICE

Robert Ross Dulay

CHAPTER 1 : General Provisions

Declaration of Policy. It is the declared policy of the State to provide

the government with a principal law agency which shall be both its
legal counsel and prosecution arm; administer the criminal justice
system in accordance with the accepted processes thereof
consisting in the investigation of the crimes, prosecution of offenders
and administration of the correctional system; implement the laws on
the admission and stay of aliens, citizenship, land titling system, and
settlement of land problems involving small landowners and members
of indigenous cultural minorities; and provide free legal services to
indigent members of the society.
Powers and Functions

(1) Act as principal law agency of the government and as legal counsel and representative
thereof, whenever so required;
(2) Provide legal services to the national government and its functionaries, including
government-owned or controlled corporations and their subsidiaries;
(3) Investigate the commission of crimes, prosecute offenders and administer the probation
and correction system;
(4) Preserve the integrity of land titles through proper registration;
(5) Investigate and arbitrate untitled land disputes involving small landowners and members
of indigenous cultural communities;
(6) Provide immigration and naturalization regulatory services and implement the laws
governing citizenship and the admission and stay of aliens;
(7) Extend free legal assistance/representation to indigents and poor litigants in criminal
cases and non-commercial civil disputes; and
(8) Perform such other functions as may be provided by law.
Section 4: Organizational Structure

The Department shall consist of the following constituent units:

(1) Department proper;
(2) Office of the Government Corporate Counsel;
(3) National Bureau of Investigation;
(4) Public Attorney's Office;
(5) Board of Pardons and Parole;
(6) Parole and Probation Administration;
(7) Bureau of Corrections;
(8) Land Registration Authority;
(9) Commission on the Settlement of Land Problems.
Agencies under the Department of Justice
Programs of DOJ

1. Child Protection Program

2. Witness Protection, Security and Benefit Program
3. Katarungan Village Housing Project
4. Victims Compensation Program
5. Inter-Agency Council Against Trafficking
6. Office of Cyber Crime
7. Administrative Order No. 35
Chapter 2: Department Proper

The Department Proper. - The Department Proper shall be composed of the Office of the
Secretary and the Undersecretaries, Technical and Administrative Service, Financial
Management Service, Legal Staff and the Office of the Chief State Prosecutor.
Chapter 3: Office of the Government Corporate Counsel

Office of the Government Corporate Counsel. - The Office of the

Government Corporate Counsel (OGCC) shall act as the
principal law office of all government-owned or controlled
corporations, their subsidiaries, other corporate off-springs and
government acquired asset corporations and shall exercise
control and supervision over all legal departments or divisions
maintained separately and such powers and functions as are
now or may hereafter be provided by law. In the exercise of
such control and supervision, the Government Corporate
Counsel shall promulgate rules and regulations to effectively
implement the objectives of the Office.
Chapter 4: National Bureau of Investigation

National Bureau of Investigation. - The National Bureau of

Investigation (NBI) with all its duly authorized constituent units
including its regional and district offices and rehabilitation center,
shall continue to perform the powers and functions as are now vested
in it under the existing law and such additional functions as may
hereafter be provided by law.

R.A. no 10867 - An Act Reorganizing and Modernizing the National

Bureau of Investigation (NBI)
 SECTION 4. Powers and Functions.— The NBI shall have the following powers and functions:
 (a) Undertake investigation and detection of crimes and offenses enumerated under Section 5 hereof;
 (b) Issue subpoena for the appearance of any person for investigation or production of documents, through its officers from the ranks of Regional
Director to Director;
 (c) Act as a national clearing house of criminal records and other related information for the benefit of the government;
 (d) Render technical assistance to government agencies and instrumentalities, when so requested;
 (e) Extend assistance in cases involving extradition and mutual legal assistance, when requested by the Department of Justice;
 (f) Establish an NBI Academy which shall be responsible for the recruitment, training, and development of all NBI agents and personnel, among
others;
 (g) Establish and maintain a Forensic and Scientific Research Center which shall serve as the primary center for forensic and scientific research in
furtherance of scientific knowledge in criminal investigation, detection, evidence collection and preservation, and provide the necessary training
therefor;
 (h) Establish and maintain a Cyber Investigation and Assessment Center which shall serve as the nerve center for computer information
technologies, data on cybercrime cases, computer intrusion, threats, and other related crimes or activities;
 (i) Establish and maintain an integrated, comprehensive, and state-of-the-art network of equipment and facilities to be used by the NBI in its
criminal investigation, detection, and evidence gathering, and to provide the corresponding training in this regard;
 (j) Request the assistance of the Philippine National Police (PNP), Armed Forces of the Philippines, or any other agency of the government, including
government-owned and/or -controlled corporations, in its anti-crime drive. Such assistance may include the use of the agency’s personnel and
facilities upon prior approval by the head of the agency concerned;
 (k) Conduct intelligence operations in furtherance of the foregoing powers and functions;
 (l) Enter into any contract or transaction for the acquisition, ownership, possession, administration, lease, disposition or acceptance of real or
personal property in its name, subject to the approval of the Secretary of Justice;
 (m) Establish a modern NBI Clearance and Identification Center containing all derogatory and criminal records and civilian identification records,
including their identifying marks and characteristics and fingerprint database, as well as dental records pursuant to Presidential Decree No. 1575,
entitled “Requiring Practitioners of Dentistry to Keep Records of Their Patients”;
 (n) Maintain, for purposes of investigative and forensic requirements of the NBI, relevant database such as ballistic records of firearms including, but
not limited to, data ownership, possession, and other related identifying circumstances; and Deoxyribonucleic Acid (DNA) databank; and
 (o) Perform such other functions as the President or the Secretary of Justice may assign.
 SECTION 5. Jurisdiction.— The NBI shall have primary jurisdiction to undertake investigations in the following
cases:
 (a) Human Trafficking cases in all airports in the Philippines;
 (b) Extrajudicial/Extra-legal killings committed by the state’s security forces against media practitioners and
activists;
 (c) Killings of justices and judges;
 (d) Violation of Republic Act No. 10175, otherwise known as the “Cybercrime Prevention Act”;
 (e) Cases referred by the Inter-Agency Anti-Graft Coordinating Council (IAGCC);
 (f) Violations of the Anti-Dummy Law;
 (g) Cases involving threats to security or assaults against the persons of the President, Vice President, Senate
President, Speaker of the House of Representatives, and Chief Justice of the Supreme Court;
 (h) Transnational crimes pursuant to existing international agreements;
 (i) Identification of the dead/victims in case of mass fatality incidents caused by natural disasters; and
 (j) Violations of commercial, economic, and financial or white-collar crimes such as, but not limited to, those
punishable under Republic Act No. 8792, otherwise known as “E-Commerce Act of 2000”; Republic Act No.
8484, otherwise known as “Access Devices Regulations Act of 1998”; Republic Act No. 8293, otherwise
known as “Intellectual Property Code of the Philippines”; Republic Act No. 8799, otherwise known as
“Securities Regulation Code”; Presidential Decree No. 1689, otherwise known as “Decree Increasing the
Penalty for Certain Forms of Estafa”, and other similar penal statutes that may be enacted by Congress.
Chapter 5: Public Attorney’s Office
Public Attorney's Office (PAO). - The Citizen's Legal Assistance Office
(CLAO) is renamed Public Attorney's Office (PAO). It shall exercise the
powers and functions as are now provided by law for the Citizen's
Legal Assistance Office or may hereafter be provided by law.

R.A. no 9406 - AN ACT REORGANIZING AND STRENGTHENING THE PUBLIC ATTORNEY‟S

OFFICE (PAO), AMENDING FOR THE PURPOSE PERTINENT PROVISIONS OF EXECUTIVE
ORDER NO.292, OTHERWISE KNOWN AS THE “ADMINISTRATIVE CODE OF 1987”
SEC. 3. A new Section 14-A, is hereby inserted in Chapter 5, Title III, Book IV of
Executive Order No.292, otherwise known as the “Administrative Code of 1987”, to
read as follows: “SEC. 14-A. Powers and Functions. – The PAO shall independently
discharge its mandate to render, free of charge, legal representation, assistance,
and counselling to indigent persons in criminal, civil, labor, administrative and other
quasi-judicial cases. In the exigency of the service, the PAO may be called upon by
proper government authorities to render such service to other persons, subject to
existing laws, rules and regulations.”
Chapter 6: Board of Pardons and Parole

Board Composition:
1. Chairman;
2. The Administrator of the Parole and Probation Administration as ex-officio member;
3. A sociologist;
4. A clergyman;
5. An educator;
6. A person with training and experience in correction work;
7. and a member of the Philippine Bar.
Objectives

a. Looks into the physical, mental and moral records of prisoners who are
eligible for parole or any form of executive clemency and determines the
proper time of release of such prisoners on parole;

b. Assists in the full rehabilitation of individuals on parole or those under

conditional pardon with parole conditions, by way of parole supervision; and,

c. Recommends to the President of the Philippines the grant of any form of

executive clemency to prisoners other than those entitled to parole.
Chapter 7: Parole and Pardon Administration
Section 19. Probation Administration. The Administration shall be headed by the
Probation Administrator, hereinafter referred to as the Administrator, who shall be
appointed by the President of the Philippines. He shall hold office during good
behavior and shall not be removed except for cause.
The Administrator shall receive an annual salary of at least forty thousand pesos. His
powers and duties shall be to:
(a) act as the executive officer of the Administration;
(b) exercise supervision and control over all probation officers;
(c) make annual reports to the Secretary of Justice, in such form as the latter may
prescribe, concerning the operation, administration and improvement of the probation
system;
(d) promulgate, subject to the approval of the Secretary of Justice, the necessary rules
relative to the methods and procedures of the probation process;
(e) recommend to the Secretary of Justice the appointment of the subordinate
personnel of his Administration and other offices established in this Decree; and
(f) generally, perform such duties and exercise such powers as may be necessary or
incidental to achieve the objectives of this Decree.
Section 23. Parole and Probation Administration. - The Parole and Probation
Administration hereinafter referred to as the Administration shall have the following
functions:
(1) Administer the parole and probation system;
(2) Exercise general supervision over all parolees and probationers;
(3) Promote the correction and rehabilitation of offenders; and
(4) Such other functions as may hereafter be provided by law.
Chapter 8: Bureau of Corrections

Section 26. Bureau of Corrections. - The Bureau of Corrections shall have its principal task the
rehabilitation of prisoners. The Bureau of Corrections shall exercise such powers and functions as are
now provided for the Bureau of Prisons or may hereafter be provided by law.
Section 4. The Mandates of the Bureau of Corrections. – The BuCor shall be in charge of safekeeping
and instituting reformation programs to national inmates sentenced to more than three (3) years.
(a) Safekeeping of National Inmates – The safekeeping of inmates shall include decent provision of
quarters, food, water and clothing in compliance with established United Nations standards. The
security of the inmates shall be undertaken by the Custodial Force consisting of Corrections Officers
with a ranking system and salary grades similar to its counterpart in the BJMP.
(b) Reformation of National Inmates – The reformation programs, which will be instituted by the BuCor
for the inmates, shall be the following:
(1) Moral and Spiritual Program;
(2) Education and Training Program;
(3) Work and Livelihood Program;
(4) Sports and Recreation Program;
(5) Health and Welfare Program; and
(6) Behavior Modification Program, to include Therapeutic Community.
(c) The reformation programs shall be undertaken by Professional Reformation Personnel
consisting of Corrections Technical Officers with ranking system and salary grades similar
to Corrections Officers.
(1) Corrections Technical Officers are personnel employed in the implementation of
reformation programs and those personnel whose nature of work requires proximate or
direct contact with inmates.
(2) Corrections Technical Officers include priests, evangelists, pastors, teachers,
instructors, professors, vocational placement officers, librarians, guidance counselors,
physicians, nurses, medical technologists, pharmacists, dentists, therapists, psychologists,
psychiatrists, sociologists, social workers, engineers, electricians, agriculturists,
veterinarians, lawyers and similar professional skills relevant to the implementation of
inmate reformation programs.
Chapter 9: Land Registration Authority

Section 28. The Land Registration Authority. - The Land Registration Authority,
hereinafter referred to as the Authority shall continue to exercise its powers and
functions under existing law on the Land Titles and Deeds Registration Authority and
those which may hereafter be provided by law.

Section 29. Organizational Structure. - The Authority shall be headed by an

Administrator who shall be assisted by two (2) Deputy Administrators, all of whom
shall be appointed by the President upon the recommendation of the Secretary.
Mandate

 Implementing and protecting the Torrens System of land registration.

 It is the central repository of all land records involving registered or titled lands;
 It issues decrees of registration pursuant to final judgment of the courts in land
registration proceedings and causes the issuance by the Registrar of Deeds of the
corresponding certificates of title;
 It is tasked to issue all subsequent or transfer certificates of title derived from the
original certificates of title which may either be issued judicially or administratively;
 It keeps the title history of records of transactions involving registered or titled
lands;
 It exercises control in the disposition or alienation of registered lands in
accordance with existing government rules and regulations
Chapter 10: Bureau of Immigration
Section 31. Bureau of Immigration. - The Bureau of Immigration is principally responsible
for the administration and enforcement of immigration, citizenship and alien admission and
registration laws in accordance with the provisions of the Philippine Immigration Act of
1940, as amended (C.A. No. 613, as amended). The following units shall comprise the
structural organization of the Bureau:
(1) Office of the Commissioner and Associate Commissioners;
(2) Board of Commissioners - composed of the Commissioner as Chairman and two (2)
Associate Commissioners as members; and
(3) Boards of Special Inquiry which are authorized to be organized in the Commission
pursuant to the provisions of the Immigration Act of 1940, as amended.
Subject to the provisions of existing law, the Secretary is hereby authorized to review,
revise and/or promulgate new rules and regulations to govern the conduct of proceedings
in the Board of Commissioners and the Boards of Special Inquiry, including the
determination of the size and number of the support staff to be assigned thereat.
General Functions
 Acts as the primary enforcement arm of the Department of Justice and the
President of the Philippines in ensuring that all foreigners within its territorial
jurisdiction comply with existing laws1;
 Assists local and international law enforcement agencies in securing the tranquility
of the state against foreigners whose presence or stay may be deemed threats to
national security, public safety, public morals and public health and;

 Acts as chief repository of all immigration records pertaining to entry, temporary

sojourn, admission, residence and departure of all foreigners in the country.
Specific Functions

 In the discharge of its broad functions, the Bureau through its Board of Commissioners, exercises
administrative and quasi-judicial powers over the:
 Regulation of the entry (arrival), stay (sojourn), and exit (departure) of foreign nationals in the country;
 Monitoring of the entry and exit of Filipino citizens in compliance with Philippine laws and other legal
procedures;
 Issuance of immigration documents and identification certifications on non-immigrant, immigrant and
special non-immigrant visas;
 Issuance of special permits in relation to the enforcement of immigration laws;
 Extension of stay of temporary visitors and implementation of changes of status as provided by law;
 Administrative determination of citizenship and related status;
 Investigation, hearing, decision and execution of orders pertaining to exclusion, deportation,
and repatriation of foreign nationals;
 Implementation of Hold Departure Orders, Blacklist, Watchlist, Immigration Lookout Bulletin Orders and
Alert List Orders;
 Cancellation of immigration documents upon violation of immigration laws and procedures;
 Investigation, arrests and detention of foreigners in violation of immigration regulation and other
Philippine laws;
 Accreditation of schools and learning institutions that can officially accept and enroll foreign students;
and
 Accreditation of law firms, liaison officers, travel agencies and other individuals and organizations
transacting with the Bureau of Immigration
Chapter 11: Commission on Settlement of Land Problems

Section 32. Commission on the Settlement of Land Problems. - The Commission on

the Settlement of Land Problems shall be responsible for the settlement of land
problems involving small landowners and members of cultural minorities. It shall also
perform such other functions, as are now or may hereafter be provided by law.
Chapter 12: Office of the Solicitor General

Section 34. Organizational Structure. - The Office of the Solicitor General shall be an
independent and autonomous office attached to the Department of Justice.
The Office of the Solicitor General shall be headed by the Solicitor General, who is the
principal law officer and legal defender of the Government. He shall have the authority
and responsibility for the exercise of the Office's mandate and for the discharge of its
duties and functions, and shall have supervision and control over the Office and its
constituent units.
(1) Represent the Government in the Supreme Court and the Court of Appeals in all
criminal proceedings; represent the Government and its officers in the Supreme Court,
the Court of Appeals, and all other courts or tribunals in all civil actions and special
proceedings in which the Government or any officer thereof in his official capacity is a
party.
(2) Investigate, initiate court action, or in any manner proceed against any person,
corporation or firm for the enforcement of any contract, bond, guarantee, mortgage,
pledge or other collateral executed in favor of the Government. Where proceedings
are to be conducted outside of the Philippines the Solicitor General may employ
counsel to assist in the discharge of the aforementioned responsibilities.
(3) Appear in any court in any action involving the validity of any treaty, law, executive
order or proclamation, rule or regulation when in his judgment his intervention is
necessary or when requested by the Court.
(4) Appear in all proceedings involving the acquisition or loss of Philippine citizenship.
(5) Represent the Government in all land registration and related proceedings.
Institute actions for the reversion to the Government of lands of the public domain and
improvements thereon as well as lands held in violation of the Constitution.
(6) Prepare, upon request of the President or other proper officer of the National
Government, rules and guidelines for government entities governing the preparation of
contracts, making of investments, undertaking of transactions, and drafting of forms or
other writings needed for official use, with the end in view of facilitating their
enforcement and insuring that they are entered into or prepared conformably with law
and for the best interests of the public.
(7) Deputize, whenever in the opinion of the Solicitor General the public interest requires,
any provincial or city fiscal to assist him in the performance of any function or discharge of
any duty incumbent upon him, within the jurisdiction of the aforesaid provincial or city fiscal.
When so deputized, the fiscal shall be under the control and supervision of the Solicitor
General with regard to the conduct of the proceedings assigned to the fiscal, and he may
be required to render reports or furnish information regarding the assignment.
(8) Deputize legal officers of government departments, bureaus, agencies and offices to
assist the Solicitor General and appear or represent the Government in cases involving
their respective offices, brought before the courts, and exercise supervision and control
over such legal officers with respect to such cases.
(9) Call on any department, bureau, office, agency or instrumentality of the Government for
such service, assistance and cooperation as may be necessary in fulfilling its functions and
responsibilities and for this purpose enlist the services of any government official or
employee in the pursuit of his tasks.
Departments, bureaus, agencies, offices, instrumentalities and corporations to whom the
Office of the Solicitor General renders legal services are authorized to disburse funds from
their sundry operating and other funds for the latter Office. For this purpose, the Solicitor
General and his staff are specifically authorized to receive allowances as may be provided
by the Government offices, instrumentalities and corporations concerned, in addition to
their regular compensation.
(10) Represent, upon the instructions of the President, the Republic of the Philippines in
international litigations, negotiations or conferences where the legal position of the
Republic must be defended or presented.
(11) Act and represent the Republic and/or the people before any court, tribunal, body or
commission in any matter, action or proceeding which, in his opinion, affects the welfare of
the people as the ends of justice may require; and
(12) Perform such other functions as may be provided by law.