Department of Justice [PH] 2016
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Transcript of Department of Justice [PH] 2016
Department of Justice
HISTORY
Department of Justice• April 17, 1897 – beginnings at the Revolutionary Assembly in Naic, Cavite.
• Don Severino delas Alas– Headed the Department of Grace and Justice and was
tasked to the establishment of a regime of law.• September 26, 1898-’99– President Emilio Aguinaldo issued a decree on
reorganizing the Department.– A year later, the American military force established
the Office of the Attorney of the Supreme Court in place of the Department.
• June ll, 1901– the new office was renamed the Office of the
Attorney General.
• September 1, 1901– the Office became the Department of Finance and
Justice.
• In the 1916 government reorganization– the Department became a separate entity and was
given executive supervision over all courts of first instance and other inferior courts
• Under the Japanese occupation– the Department was made a Commission– The civilian government established by the Japanese
in 1943 changed it to a Ministry
• After the war in 1945– the Government of the Philippine Commonwealth
was re-established and the Department of Justice was re-activated. The Department continued in this form under the Philippine Republic.
• Under the 1973 Constitution– Department became a Ministry of Justice
• With the adoption of the 1987 Constitution and the Administrative Code of 1987 (Executive Order No. 292) – the Department of Justice was named as the
principal law agency of the Republic of the Philippines serving as its legal counsel and prosecution arm.
DUTIES, RESPONSIBILITIES
and FUNCTIONS
Mission
A just and peaceful society anchored on the principles of transparency, accountability,
fairness and truth.
Vision
Towards the effective, efficient and equitable administration of justice.
We undertake to provide every person equal access to justice, to faithfully safeguard constitutional rights and to ensure that no one is deprived of due process of law.Our commitment is to advocate for reforms in partnership with our stakeholders, to simplify processes and re-engineer systems to best serve our constituents.We shall work with honor and integrity for the institution, for God and country.
Pledge
The Department of Justice (DOJ) derives its mandate primarily from the Administrative Code of 1987 (Executive Order No. 292). It carries out this mandate through the Department Proper and the Department's attached agencies under the direct control and supervision of the Secretary of Justice.
Under Executive Order (EO) 292, the DOJ is the government's principal law agency. As such, the DOJ serves as the government's prosecution arm and administers the government's criminal justice system by investigating crimes, prosecuting offenders and overseeing the correctional system.
The DOJ, through its offices and constituent/attached agencies, is also the government's legal counsel and representative in litigations and proceedings requiring the services of a lawyer; implements the Philippines' laws on the admission and stay of aliens within its territory; and provides free legal services to indigent and other qualified citizens.
Mandate
1. Administration of the Criminal Justice System– investigates the commission of crimes and
prosecutes offenders. (NBI & NPS)– administers the probation and correction system of
the country. (BuCor, BPP & PPA)2. Legal Counsel of Government– acts as the legal representative of the Government
of the Philippines, its agencies and instrumentalities including government owned and controlled corporations and their subsidiaries, officials and agents in any proceeding, investigation or matter requiring the services of a lawyer.
Functions
3. Regulation of Immigration– provides immigration and naturalization
regulatory services and implements the laws governing citizenship and the admission and stay of aliens through the Bureau of Immigration (BI)
4. International Cooperation– the central authority of the Republic of the
Philippines relative to extradition and mutual legal assistance treaties (MLAT) on criminal matters and is involved in several aspects of international cooperation such as the drafting and implementation of legislation and agreements as well as the negotiation of extradition and MLAT
5. Provision of Free Legal Assistance– provides free legal assistance/representation to
indigents and poor litigants as well as other qualified persons in criminal, civil, and labor cases, administrative and other quasi-judicial proceedings and non-commercial disputes through the Public Attorney's Office (PAO) pursuant to RA No. 9406.
6. Alternative Dispute Resolution– the Alternative Dispute Resolution Act of 2004
(RA 9285) created the Office for Alternative Dispute Resolution (OADR), which is an agency attached to the DOJ and which is tasked to promote, develop and expand the use of alternative dispute resolution in civil and commercial disputes.
7. DOJ functions under other laws and other executive issuances:
In addition to performing its mandate under E.O. 292, the Department is significantly involved in the implementation of the following penal, national security, and social welfare laws:
– Witness Protection, Security and Benefit Act (R.A. 6981)– Victims Compensation Program (RA 7309)– Administrative Order No. 99 (1988)– Executive Order 180 (1987)– Comprehensive Dangerous Drugs Act of 2002 (RA 9165)– Anti-Money Laundering Act of 2001 (R.A. 9160)– Human Security Act of 2007 (RA 9372)– Rape Victim Assistance and Protection Act of 1998 (RA 8505)– Anti-Trafficking in Persons Act of 2003 (R.A. 9208) – Anti-Violence Against Women and Their Children Act of 2004 (RA 9262)– Special Protection of Children Against Abuse, Exploitation, and Discrimination Act (RA 7610)– Anti-Child Pornography Act of 2009 (IRR of RA)– Cybercrime Prevention Act of 2012 (RA 10175)– Executive Order 45 (2011)– Administrative Order 35 (2012)– Memorandum Circular No. 68 (2014) – Anti-Dummy Law (Commonwealth No. 108)– Local Government Code (Section 187 of RA 7160)– Executive Order 643 (2007)
ORGANIZATIONAL STRUCTURE
DOJOfficials
Department of Justice
Leila M. De LimaSecretary of
Justice(Former)
Francisco F. Baraan IIIUndersecretary
Leah C. ArmamentoUndersecretary
Jose Vicente B. SalazarUndersecretary
Jose F. JustinianoUndersecretary
Geronimo L. SyAssistant Secretary of
Administration
Zabedin M. AzisAssistant Secretary of
Financial Service
Claro A. ArellanoProsecutor General
Severino H. Gaña Jr.Senior Deputy State
Prosecutor
Miguel F. Guido Jr.Senior Deputy State
Prosecutor
Pedrito L. RancesSenior Deputy State
Prosecutor
Richard Anthony D. FadullonSenior Deputy State
Prosecutor
Theodore M. VillanuevaSenior Deputy State
Prosecutor
AGENCIES
BUREAU OF CORRECTIONS• The Bureau of Corrections (BuCor) is
charged with custody and rehabilitation of national offenders, that is, those sentenced to serve a term of imprisonment of more than three (3) years.
BUREAU OF IMMIGRATION • In accordance with the Revised Administrative Code
of 1987, the Commission on Immigration and Deportation was renamed BUREAU OF IMMIGRATION as it is more properly called today. Under this code the Bureau is composed of three (3) structural units namely: the Office of the Commissioner, the Board of Commissioners, and the Board of Special Inquiry. These groups act as collegial bodies and exercises quasi-judicial powers affecting the entry and stay of foreign nationals in the country.
NATIONAL BUREAU OF INVESTIGATION
• The main objective of the National Bureau of Investigation is the establishment and maintenance of a modern, effective and efficient investigative service and research agency for the purpose of implementing fully principal functions provided under Republic Act No. 157, as amended.
PAROLE AND PROBATION ADMINISTRATION
• The Parole and Probation Administration (PPA) provides a less costly alternative to imprisonment of offenders who are likely to respond to individualized community based treatment programs.
PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT
• The 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 President Ferdinand E. Marcos, his immediate family, relatives, subordinates and close associates, whether located in the Philippines or abroad, including the takeover or sequestration of all business enterprises and entities owned or controlled by them, during his administration, directly or through nominees, by taking undue advantage of their public office and/or using their powers, authority, influence, connection or relationship; the investigation of such cases of graft and corruption as the President may assign to the Commission from time to time; and the adoption of safeguards to ensure that the above practices shall not be repeated in any manner under the new government, and the institution of adequate measures to prevent the occurrence of corruption.
PUBLIC ATTORNEY'S OFFICE• The Public Attorney's Office exists to provide the
indigent litigants, the oppressed, marginalized and underprivileged members of the society free access to courts, judicial and quasi-judicial agencies, by rendering legal services, counseling and assistance in consonance with the Constitutional mandate that free access to courts shall not be denied to any person by reason of poverty in order to ensure the rule of law, truth and social justice as components of the country's sustainable development.
OFFICE FOR ALTERNATIVE DISPUTE RESOLUTION
• To promote, develop and expand the use of alternative dispute resolution (ADR) in the private and public sectors; and, to assist government to monitor, study and evaluate the sue by the public and the private sector of ADR, and recommend to Congress needful statutory changes to develop, strengthen and improve ADR practices in accordance with world standards.
OFFICE OF THE GOVERNMENT CORPORATE COUNSEL
• The Office of the Government Corporate Counsel (OGCC) was founded on December 01, 1935 as a Government Counsel Division under the Department of Justice (DOJ). Todate, it has emerged as the premier law office of government-owned and controlled corporations (GOCCs), their subsidiaries, other corporate offsprings and government-acquired asset corporations.
OFFICE OF THE SOLICITOR GENERAL
• The Office of the Solicitor General which is an independent and autonomous office attached to the Department of Justice for budgetary purposes is the legal representative of the Government of the republic of the Philippines, its agencies and instrumentalities and its officials and agents in any litigation, proceeding investigation or matter requiring the services of a lawyer before the local court systems or international fora.
LAND REGISTRATION AUTHORITY
• The Land Registration Authority is mandated to issue decrees of registration and certificates of titles and register documents, patents and other land transactions for the benefit of landowners, Agrarian Reform-beneficiaries and the registering public in general; to provide a secure, stable and trustworthy record of land ownership and recorded interests therein so as to promote social and economic well-being and contribute to national development.
PROGRAMS
CASES
FOR MORE INFORMATIONDepartment of JusticeDepartment of Justice Building,
Padre Faura St., Ermita, Manila 1004523-8481 to 98 Trunkline
Websites: www.doj.gov.phhttp://www.gov.ph/directory/department-of-justice
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