EO 292-DOJ

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EO 292-DO

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Chapter I, Title III, Book IV of EO 292 provides:

TITLE IIIJustice

CHAPTER 1

General Provisions

SECTION 1.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.

SECTION 2.Mandate. The Department shall carry out the policy declared in the preceding section.

SECTION 3.Powers and Functions. To accomplish its mandate, the Department shall have the following powers and functions:

(1)Act as principal law agency of the government and as legal counsel and representative thereof, whenever so required;

(2)Investigate the commission of crimes, prosecute offenders and administer the probation and correction system;

(3)Extend free legal assistance/representation to indigents and poor litigants in criminal cases and non-commercial civil disputes;

(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)Provide legal services to the national government and its functionaries, including government-owned or controlled corporations and their subsidiaries; 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 (as an attached agency);(5)Board of Pardons and Parole;(6)Parole and Probation Administration;(7)Bureau of Corrections;(8)Land Registration Authority;(9)Bureau of Immigration; and(10)Commission on the Settlement of Land Problems.

CHAPTER 2

Department Proper

SECTION 5.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.

SECTION 6.Undersecretaries. The Secretary is hereby authorized to delineate and assign the respective functional areas of responsibility of the Undersecretaries, provided, that such responsibility shall be with respect to the mandate and objectives of the Department; and provided, that such responsibility shall be with respect primarily administrative responsibilities. [sic] Within his functional area of responsibility, an Undersecretary shall have the following functions:(1)Advise and assist the Secretary in the formulation and implementation of the Department's policies, plans, programs and projects;(2)Oversee the operational activities of the Department;(3)Coordinate the programs and projects of the Department for efficient and effective administration;(4)Serve as deputy for the Secretary;(5)Perform, when so designated, the powers and functions of the Secretary, during the latter's absence or incapacity; and(6)Perform such other functions as may be provided by law or assigned by the Secretary to promote efficiency and effectiveness in the delivery of frontline services.

SECTION 7.Legal Staff. The Legal Staff shall have the following functions:(1)Assist the Secretary in the performance of his duties as Attorney General of the Philippines and as ex-officio legal adviser of government-owned or controlled corporations or enterprises and their subsidiaries;(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;(3)Maintain and supervise the operation of the Department Law Library as well as its personnel; and(4)Perform such other functions as are now or may hereafter be provided by law or assigned by the Secretary.

SECTION 8.Office of the Chief State Prosecutor. The Office of the Chief State Prosecutor shall have the following functions:(1)Assist the Secretary in the performance of powers and functions of the Department relative to its role as the prosecution arm of the government;(2)Implement the provisions of laws, executive orders and rules, and carry out the policies, plans, programs and projects of the Department relative to the investigation and prosecution of criminal cases;(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(4)Perform such other functions as may be provided by law or assigned by the Secretary.

SECTION 9.Provincial/City Prosecution Offices. The Provincial and City Fiscal's Office established in each of the provinces and cities pursuant to law, is retained and renamed Provincial/City Prosecution Office. It shall be headed by a Provincial Prosecutor or City Prosecutor, as the case may be, assisted by such number of Assistant Provincial/City Prosecutors as fixed and/or authorized by law. The position titles of Provincial and City Fiscal and of Assistant Provincial and City Fiscal are hereby abolished.All provincial/city prosecution offices shall continue to discharge their functions under existing law.All provincial and city prosecutors and their assistants shall be appointed by the President upon the recommendation of the Secretary.