department cicular series of 2010

61
- .. :~ J ,. '" ,.,.;., ". ..,~ .. 1 Republika ng Pilipinas KAGAWARAN NG KATARUNGAN Department of Justice Manila LML-DC-21 L10-027 " 21 December 2010 - - DEPARTMENT CIRCULAR NO. 9,:9 -~- SUBJECT: DELINEATION OF FUNCTIONS To streamline the processing of requests for position papers and/or comments on proposed bills and to avoid duplication of work, all requests for comments of Congressional bills will be divided in accordance with the topic of the bill and/or in accordance with the agency involved, based on the current set- " up of cabinet clusters. In the interest of the service and pursuant to the provision of existing laws, the areas of responsibilities/delineation of duties of the Legal Staff and Technical Staff in the preparation of position papers/ comments on proposed bills and to represent the Department, in the absence or unavailability of Assistant Secretary Zabedin M. Azis and/or Chief State Counsel Ricardo V. Paras III, in the performance of their Legislative Liaison functions, are as follows: I. LEGAL STAFF a. Economic cluster issues Economic cluster member-agencies: I. DBM 2. DOF 3. DTI 4. NEDA 5. BSP 6. and other agencies tasked with handling economic Issues. b. Security cluster issues Security cluster member-agencies: I. DFA 2. DND/AFP 3. DILG/PNP 4. NSC/NICA 5. Office of the Presidential Adviser on the Peace Process (OPAPP) -. f . " ~ .. ------ , 'f'~ - , -1 . -..,.~:_< "'''','

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Page 1: DEPARTMENT CICULAR SERIES OF 2010

- ..:~ J ,.

'" ,.,.;., ". ..,~..1 Republika ng Pilipinas

KAGAWARAN NG KATARUNGANDepartment of Justice

Manila

LML-DC-21 L10-027

" 21 December 2010

- -

DEPARTMENT CIRCULAR NO. 9,:9-~-

SUBJECT: DELINEATION OF FUNCTIONS

To streamline the processing of requests for position papers and/orcomments on proposed bills and to avoid duplication of work, all requests forcomments of Congressional bills will be divided in accordance with the topic ofthe bill and/or in accordance with the agency involved, based on the current set- "up of cabinet clusters.

In the interest of the service and pursuant to the provision of existinglaws, the areas of responsibilities/delineation of duties of the Legal Staff andTechnical Staff in the preparation of position papers/ comments on proposedbills and to represent the Department, in the absence or unavailability ofAssistant Secretary Zabedin M. Azis and/or Chief State Counsel Ricardo V.Paras III, in the performance of their Legislative Liaison functions, are asfollows:

I. LEGAL STAFFa. Economic cluster issues

Economic cluster member-agencies:I. DBM2. DOF3. DTI4. NEDA5. BSP6. and other agencies tasked with handling economic

Issues.

b. Security cluster issuesSecurity cluster member-agencies:

I. DFA2. DND/AFP3. DILG/PNP4. NSC/NICA5. Office of the Presidential Adviser on the Peace

Process (OPAPP)-.f

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Page 2: DEPARTMENT CICULAR SERIES OF 2010

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6. Office of the Presidential Spokesperson7. Presidential' Communications Development and

Strategic Planning Office (PCDSPO)8. and other agencies tasked with handling security

Issues.

II. TECHNICAL STAFFa. Social Protection and Poverty Reduction issues

Cluster member-agencies1. DepEd2. DSWD3. DOH4. DENR5. DOLE6. DA7. DAR8. HUDCC9. NAPCIO.and other agencies with the task on social protection

and poverty reduction issues.

This Circular takes effect immediately and shall remain in force untilfurther Orders.

L~~~Secretary

Copy furnished:

All concerned.

2

Page 3: DEPARTMENT CICULAR SERIES OF 2010

";....". Republika ng Pilipinas

KAGAWARAN NG KATARUNGANDepartment of Justice

Manila

LML-DC-28-L-IO - o~3

!J7DEPARTMENT CIRCULAR NO.-~~--

TO

SUBJECT

DATE

The Prosecutor GeneralSenior Deputy State ProsecutorsAll RegionallProvincial/City ProsecutorsAll Concerned

Salary Adjustment of 664 ,Positions pursuantto Republic Act No. 10071

December 28, 2010

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For the guidance and information of all concerned, Republic Act No.10071 otherwise known as "The Prosecution Service Act of 2010" hasalready became effective on 29 May 2010. In this connection please beinformed that Secretary Plorencio B. Abad of the Department of Budget andManagement (DBM) has authorized the release of the Notice of Organization,Staffing and Compensation (NOSCA) formalizing the upgrading of 664positions in the National Prosecution Service, together with the SpecialAllotment Release Order (SARO) and the corresponding Notice of CashAllocation (NCA) for the purpose.

The Financial Service (FS) and the Administrative Service (AS) werealready directed to immediately process the salary differentials for FY 2010.

For your information and guidance.

Oupanrnunl 01 JusticeSI,ML-IO-00100463

Page 4: DEPARTMENT CICULAR SERIES OF 2010

, .

Republika ng PilipinasKAGAWARAN NG KATARUNGAN

Department of JusticeManila

LML-DC-24kIo - {)'l.1{

9 ~ecember 2010

DEPARTMENTCIRCULARNO. 9;5TO •• Undersecretaries and Assistant Secretaries

All Officials and Employees Concerned

SUBJECT: Clarification on Department Circular No. 71dated 6 September 2010

This Department Circular is issued to clarify the proVIsIOnstated in Department Circular No. 71 dated 6 September 2010particularly the last sentence of the 151paragraph, to wit:

"Release of retention money prior to completion andacceptance supported by surety bond equivalent to retentionmoney shall no longer be allowed", '

To clarify, request for the release of retention money prior to100% completion of the project wherein surety bond in lieu ofretention money is submitted is no longer allowed. Retention moneyshould be released only upon 100% completion of the project.However, contractors are still required to post a surety bondequivalent to 10% of the contract amount to answer for any defectsthat may be discovered within a year after the final acceptance of theproject pursuant to Section 6.2 of the Implementing Rules andRegulations of RA9184.

For strict compliance.

Encl.: As stated.

Copy Furnished: All concerned

O"p"l1menl 01JusticeSI.ML-l 0-001 0-449

Page 5: DEPARTMENT CICULAR SERIES OF 2010

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Republika ng PilipinasKAGAWARAN NG KATARUNGAN

Department of JusticeManila

LML- DC-22LlO . 02"1

22 December 2010

93DEPARTMENT CIRCULAR NO. _

SUBJECT : DELEGATION OF AUTHORITY RELATIVETO TASK FORCES

In the interest of the public service and pursuant to the provisions ofexisting laws, the following Undersecretaries are hereby directed tosupervise the following task forces in the D'ypartment of Justice, and areauthorized to sign or approve resolutions on appealed cases, or cases onautomatic review, arising from the said task forces for and in behalf of theSecretary of Justice:

A. UNDERSECRETARY JOSE VICENTE B. SAlAZAR1. Anti-Trafficking in Persons ;2. Oil Deregulation

B. UNDERSECRETARY FRANCISCO F. BARAAN1. Anti-Illegal Drugs2. Anti-Smuggling (RATS)3. BIR Cases (RATES)4. Financial Fraud, Securities and Business Scam5. Human Rights and Extralegal Killings

C. UNDERSECRETARY LEAH C. TANODRA-ARMAMENTO1. Anti-Intellectual Property Piracy2. Anti-Money Laundering3. Legacy Group Cases4. Anti-Terrorism

Page 6: DEPARTMENT CICULAR SERIES OF 2010

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The Secretary of Justice shall be the sole signatory on all resolutions inMotions for Reconsideration from resolutions issued by the above-namedUndersecretaries.

Nothing in this Department Circular shall diminish the authority of theSecretary of Justice to directly act on all petitions for review, or appealsfrom, or automatic review of, the resolutions of the Prosecutor Generalarising from the said task forces .

.This Department Circular supersedes all issuances inconsistentherewith, takes effect immediately and shall remain in force until further. .orders.

L~~Secretary

IIill~~I~lllli~IIII!I!IIIIIIIIII:llllliO"p"r1mahl 01 JUihCB

SLML-l0-0010364

Copy furnished:

All concerned .•

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Page 7: DEPARTMENT CICULAR SERIES OF 2010

Republika ng Pilipinas .KAGAWARAN NG KATARUNGAN

Department of JusticeManila

~ 02 December 2010

]

DEPARTMENT CIRCULAR NO. 92TO

SUBJECT

Undersecretaries/Assistant SecretariesChiefs of Service/Staff in the Office of the SecretaryAll Heads of Bureaus, Commissions and Offices

attached to the DepartmentAll concerned

Extension of Service of Retired GovernmentEmployees

Attached is a copy of the Memorandum from Executive SecretaryPaquito N. Ochoa, Jr. dated 23 November 2010 re: "EXTENSION OFSERVICE OF RETIRED GOVERNMENT EMPLOYEES."

For information and guidance.

CISCOF. III .Undersecretary

Officer-In-Charge

Page 8: DEPARTMENT CICULAR SERIES OF 2010

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' .. -~.:".-- Republika ng Pilipinas

KAGAWARAN NG KATARUNGANDepartment of Justice

Manila

LML-DC9LlO- 'O~

DEPARTMENT CIRCULAR NO. 91

\

TO

SUBJECT

DATE

To All Gfficials and EmployeesDOJ Proper and Attached Agencies

GRANT OF PRODUCTIVITYENHANCEMENT INCENTIVE (PEl) TOGOVERNMENT- EMPLOYEES FORFISCAL YEAR 2010

09December 2010

Attached is a copy of Administrative Order No, 3 dated 25 November2010 re: "AUTHORIZING THE -GRANT OF PRODUCTIVITYENHANCEMENT INCENTIVE TO GOVERNMENT EMPLOYEESFOR FISCAL YEAR 2010"

For your information and guidance.

Ene/..- As staled.

. '1

Pepor1m"nl 01 Just", ••SLMI-l0-0010316

oJ\ l . It

Page 9: DEPARTMENT CICULAR SERIES OF 2010

Republika ng PilipinasKAGAWARAN NG KATARUNGAN

Department of JusticeManila

LML- DC-3MlO-023

--DEPARTMENT CIRCULAR NO. 9 0PRESCRIBING RULES IN THE IMPLEMENTATION OF

THE TRANSFER OF SENTENCED PERSONSAGREEMENTS

Whereas, Section 11, Article II of the 1987 Constitutiondeclares that the State values the dignity of every human personand guarantees full respect for human rights;

Whereas, the Government of the Republic of thePhilippines aims at promoting the universally recognizedprinciples of human rights as well as developing internationalmutual cooperation in the field of criminal justice and socialreintegration of sentenced persons into the mainstream of society;

Whereas, Transfer of Sentenced Persons Agreements(TSPAs)facilitate the successful reintegration of sentenced personsinto society and ensure their effective rehabilitation as they areafforded the opportunity to serve their sentences in the country oftheir nationality;

Whereas, the Government of the Republic of thePhilippines entered into TSPAs with the Governments of Canada,Hong Kong Special Aaministrative Region (HKSAR), Spain andThailand, and intends to conclude similar agreements with otherinterested countries;

..~,:.

Whereas, there is a need to issue rules that will govern the•implementation ofthe TSPAs; -

Now, therefore, pursuant to the provisions of existinglaws, the Department of Justice, as the Central Authority for thePhilippines in the implementation of TSPAs, hereby adopts thefollowing rules, which shall govern in the implementation of theTSPAs:

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I. Preliminary Provisions

Section 1. Definition of Terms. - As used III thisCircular, the following terms shall mean:

•. a) "Administering State" means the State 'to which thesentenced person may be, or has been, transferred;

b) '''Central Authority" means the Department of Justice,representing the Government of the Republic of thePhilippines, or its foreign counterpart as designated by theTreaty Partner;

c) "Department" means the Department of Justice;

d) "Legal Staff' means the Office of the Chief State Counselof the Department of Justice; .

e) "Minor" means a person under the age of eighteen (18);

f) "Secretary" means the Secretary of the Department cif.Justice or his or her duly designated representative;

.g) "Sentence" means any punishment or measure involving

deprivation of liberty ordered by a court of the sentencingState on account of a criminal offense;

h) "Sentenced Person" means the person on whom apunishment or' measure involving deprivation of libertyhas been imposed on account of a criminal offense;

i) "Sentencing State" means the State in which the sentencewas imposed on the person who may be subject totransfer;

j) "Treaty Partner" means' the government or the Statewhich has a Treaty on Sentenced Persons Agreement

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(TSPA) in force with the government of the Republic ofthe Philippines;

k) "Treaty" means the Treaty on the Transfer of Sentenced .Persons or TSPA; and .

1) "Turn-Over" means the formal transfer or handing-overof the sentenced person from the sentencing State to theadministering State or receiving State.

Section 2. General Principles. - The following principlesare adopted: .'

a) Punishment or meaSure involving imprisonment or otherforms of deprivation of liberty imposed by a sentencingState on Filipino nationals may be served in the prisonfacilities of the I.'hilippines as administering State.

b) Punishment or measure involving deprivation of libertyimposed in the Philippines on foreign nationals may beserved in the prison facilities of the administering State.

c) Transfer may be requested either by the Sentencing Stateor Administering State.

d) A transfer shall be effected only upon the consent of thesentencing State, administering State and sentencedperson.

Seetion 3. Conditions for Transfer. - A request fortransfer shall be subject to the following conditions:

a,) The acts or omissions on account of which the sentencehas been imposed are punishable in the administering State, orwould constitute a criminal offense if committed. in its territory,although the definition thereof may not be identical; •

b) The sentenced person is a national of the administeringState;

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c) The judgment is final and no other legal proceedingsrelating to the offense or any other offense are pending in the

# sentencing State; .

d) The transfer is consented to by the sentencing State,administering State and the sentenced person;

e) The part of the sentence still to be served at the time ofthe receipt of the request for transfer by the administering State is,at least one (1) year. In exceptional cases, as determined by boththe sentencing and administering States, a request may beaccepted even if part of the sentence still to be served is less thanone (1) year; and

f) The sentenced person has satisfied payment of fines, courtcosts, civil indemnities and/or pecuniary sanctions of all kinds forwhich he or she is liable under the terms of the sentence, or hasprovided sufficient security to ensure payment thereof to thesatisfaction of the sentencing State.

Section 4. Nationality of the Sentenced Person, -The nationality of the sentenced person, whether the term refers tocitizenship or habitual residence, shall be determined by theadministering State and in accordance Withits laws.

To prove his or her nationality, the sentenced person shallsubmit the following documents:

a) Original or certified true copy of his or her birthcertificate, issued by the proper office or agency and, if issuedabroad, with due authentication by the Embassy or Consular Officeconcerned;

b) Original or certified true copy of the birth certificate of hisor her parent or parents, issued by the proper office or agency and,if issued abroad, with due authentication by. the Embassy orConsular Office concerned;

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c) Original copy or certified true copy of his or her passport;

d) Authenticated copy of the specific provisions of the' civillaw of the administering State upon which the nationality of thesentenced person is based; and '

e) Such other documents which may be requested by thesentencing State to prove his or her nationality.

Section 5. Consent of the Sentenced Person. - a) Thedesire of the sentenced person to be transferred must be expresslystated in a duly subscribed affidavit, stating therein his or herwillingness to be transferred under the terms and conditionsstated in the TSPA; that he or she is aware of the legalconsequences involved in the transfer; and that his or her consentis freely given.

In case of the incapacity of the sentenced person, the consentmay be given by his or her legal representative.

b), Where the Philippines is the sentencing State, theSecretary of Justice, through the Legal Staff, shall take steps tove~fy that the consent of the sentenced person is given voluntarilyand with full knowledge of the consequences thereof.

Upon request, the Department of Justice, through the LegalStaff, in coordination with the Department of Foreign Affairs, shallafford the Treaty Partner an opportunity to verify, through itsembassy or consular official/s in the country, that the consent ofthe sentenced person is given voluntarily and with full knowledgeof the consequences of such transfer.

c). Where the Philippines is the administering State, theDepartment of Justice shall request the Department of ForeignAffairs to verify, through the Philippine Embassy or Consulate inthe sentencing State, that the sentenced Filipino national gave hisor her ,consent voluntarily and with full knowledge of theconsequencesthereo£.

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Section 6. Central Authorities. - a) The CentralAuthority for the Philippines is the Department of Justice. TheTreaty Partner's Central Authority shall be that which isdesignated in the' applicable TSPA or as communicated to theDepartment of Justice. '

b) The Legal Staff shall assist the Secretary in the evaluation.of requests for transfer.

c) A request for transfer shall be made in writing andsubmitted with the documentary requirements provide under theapplicable TSPA.

d) The request for transfer and the reply to such request shallbe transmitted through .diplomatic channels. All other,communications shall be conveyed directly to the CentralAuthority of either State. .

e) The decision taken on the request for transfer pursuant to, the applicable TSPA:shall be notified without 'delay to the TreatyPartner.

Section 7. Language. ....:Alldocuments submitted in regardto the request for transfer s~all be in English language.

II. The Philippines as Sentencing State

Sec. 8. Request; By whom made; Supportingdocuments; Requirements. - a) A sentenced person, or in.case of his or her incapacity, his or her duly authorizedrepresentative, may file the request for transfer with theDepartment of Justice, Department of Foreign Affairs, or with theEmbassy or Consulate of his or her country of nationality. In thelatter case, the Embassy or Consulate concerned shall forward theapplication to the Department of Foreign Affairs, which shall, inturn, forward the same to the Department of Justice. '

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b) Upon receipt oUhe request for transfer, the LegafStaffshall conduct the preliminary evaluation based on the applicableTSPA.' '

c) The request for transfer, which shall'iJe under oath, shallset forth the following:

i. The complete name (first name, middle name,surname) and aliases, if any, of the sentencedperson; .if the application is filed by the dulyauthorized representative of the sentenced person,the latter must likewise set forth his or her completename and the reason for filing the application onbehalf of the sentenced person;

ii. The date and place of birth of the sentenced person;,

iii.Nationality of the sentenced person and proofthereof;

iv.The consent of the sentenced person as stated inSection 5 hereof;

v, Place of confinement;

vi. A statement of the facts of the offense committedand upon which the sentence was based; and

vii.A statement of the duration of the sentence, the. specific dates of the commencement and/ortermination of sentence or deprivation of libertyimposed.

In,addition, the following documents shall be submitted:

a) Original copy or certified true copy of the' court'sjudgment or decision;

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b) A certification from the' court whichjudgment of conviction that the judgmentexecutory;

rendered theis final and

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c) A certification from the concerned government agencyin charge of the confinement of the sentenced person, statingthe following:

I. complete personal details of the sentencedperson;

. ii. the sentence imposed;Ill. the specific date of the initial detention and when

the service of sentence was commenced;IV. the period of sentence already served; andv. the remaining period to be served, including any

applicable deduction for good conduct or timeallowance, as the case may be.'

d) A certi:t1cati0n from the court concerned that the fines,court cost, civil indemnities and/or pecuniary sanctions of allkinds for which the sentenced person is liable under the terms ofthe sentence have been fully paid or satisfied.

Section 9. Requestfor Transfer by aMinor. - Wherethe sentenced person is a minor, the request for transfer shall befiled by his or her parent/s or guardian.

Section 10. Nationality; Double Criminality. - Toestablish the nationality of the sentenced person and that the actsor omissions on account of which the sentence has been imposedare likewise punishable in administering State, the Secretary ofJustice shall request the Central Authority of that State for thefollo"Vingdocuments: .

a. Statement or document indicating that the sentencedperson is its national;

b. A copy of the relevant legal provisions which show thatthe acts or omissions on account of which the sentence

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has been imposed also constitute a criminal offense inthat State; and

c. Such other information or documents which may be .deemed necessary in making a proper determination ofthe request for transfer.

Section 11. Notice to the Offended Party. - A noticeabout the request for transfer shall be sent to the offended party,or in case he or she cannot be located, to his or her knownrelative/so The offended party, or his or her known relative/s, shalt'be given thirty (30) days from receipt of such notice to inform theSecretary of the payment or non-payment of fines, court costs, civilindemnities and/or pecuniary sanctions of all kinds that thesentenced person is liable under the terms of the sentence.

When justified by the circumstances, such as forhumanitarian considerations, notice to the offended party or his orher known relative/s may be waived or dispensed with by theSecretary.

Section 12. Transmittal of the Request for Transferto the Department of Foreign Affairs. - a) If the requestfortransfer is approved by the Secretary, the request for transfer shallbe forwarded to the Department of Foreign Affairs for transmittalto the Central Authority of the administering State. The sentencedperson or his or 'her duly authorized representative shall beinformed of such determination. .

b) In case of disapproval of the request for transfer, theSecretary shall so inform the Central Authority of the sentencingState and/or the sentenced person or 1}isor her duly authorizedrepresentative. .

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make a determination whether the request meets the requirementsof the applicable TSPA.

, .b) The Central Authority of the sentencing State shall be

informed of the decision taken by the Secretary on the request fortransfer.

Section 14. Nationality; Double Criminality. - Toestablish that the sentenced person requesting transfer is aFilipino national and that the acts or. omissions on account ofwhich the sentence has been imposed are likewise punishable inthe Philippines, the Secretary of Justice shall request the CentralAuthority of the sentencing State for the following statementsand/or documents: .

a) Statement or document indicating that the sentenced'person is a Filipino national; and

b) A summary of the facts upon which the sentence was.based, the text of the legal provisions defining the offenseand the conclusion of the court judgment.

Section 15. Verification of Consent. - Before giving hisor her consent to the transfer, the Secretary of Justice, through thePhilippine Embassy or Consular officials in the sentencing State,shall verify the consent of the sentenced Filipino nationalrequesting transfer to ensure that the same is voluntarily given andwith full knowledge of the consequences thereof.,

IV. Formal Transfer/Turn-Over

Section. 16. Transfer/Turn-Over; Procedure; Howmade. - a) Where the Philippines is the sentencing State, theSecretary, upon the finality of the documentary processes andprocedure for the transfer, shall cause the Bureau of Immigrationto issue a Clearance relative to the formal transfer or turn-over ofthe sentenced person.

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In case a Hold Departure .Order (HDO) or Watchlist Order(WLO)was issued against him or her, the sentenced person, or hisor her counsel shall cause the lifting of the same with the properoffice/agency or court which issued theHDO or WLO.

b) The INTERPOL Division of the National Bureau ofInvestigation (NBI), with the assistance of the government agencyin charge of, the confinement of the sentenced person, shallcoordinate with the Treaty Partners' authorized officials, for theformal transfer or. turri-over of the sentenced person. It willexercise all the necessary security measures for the transfer orturn-over of the sentenced person to the authorities of theadministering State.

c) Where the Philippines is the administering State, NBI-INTERPOL agents shall escort back to the country the sentencedFilipino national. Whenever so determined by the Secretary to benecessary,. the' NBI-INTERPOL agents may be joined by thedesignated representative of the government agency that will havecustody of the sentenced Filipino national. •

d) Where the Philippines is the sentencing State,. theSecretary may, whenever necessary, or when so requested by theadministering State, allow NBI-INTERPOL agents to join inescorting the sentenced person to the administering State.

e) In all cases of transfer, the NBI-INTERPOL shaH submit tothe Department a report. on such transfer, stating thereinchronologically the procedure followed; the names anddesignations ofthe officers who escorted or received the sentencedperson, the details ofdeparture from or arrival to the Philippines ofthe sentenced person (i.e., flight number, airport of departure, dateand time of departure, date and time of stop-over, if any; date andtime of lay-off, date and time of arrival, airport of arrival), andother important details relating to the transfer.

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v. Post-Transfer Provisions. Section 17. Continued Enforcement. - a) Once the

transfer has been carried out, the enforcement of the sentence shallbe governed by the laws of the administering State.

b) When enforcing the sentence, the administering State:

a. shall be bound by the duration of the sentence ormeasure of deprivation of liberty;

b. shall be bound by the findings of facts indicated inthe judgment; and

c. shall not convert the sentence or deprivation ofliberty into pecuniary sanction,

Section 18. Pardon, Amnesty, or Commutation. -Only the sentencing State may, pursuant to its Constitution andlaws, grant pardon, amnesty or commutation of the sentence. Theadministering State may, however, request the sentencing State togrant pardon, amnesty or commutation of the sentence bysubmitting an application with sufficient grounds.

In cases where the. Philippines is the sentencing State, theBoard of Pardons and Parole shall issue the necessary guidelines inprocessing claims for pardon or commutation in accordance withPhilippine laws..

Section 19.Retention of Jurisdiction. - The sentencing. State shall have exclusive jurisdiction in respect of proceedings ofany kind the purpose of which is to review the judgment ofconviction. ,

Section 20. Termination of Enforcement. - Theadministering State shall terminate the enforcement of thesentence as soon as it is informed by the sentencing State of anydecision or measure as a result of which the sentence ceases to beenforceable.

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Section 21. ,(nformation on Enforcement. - Theadministering State shall inform the sentencing State:

a), When the enforcement of the sentence has beencompleted;b) When the sentenced person has escaped; orc) Any matter related to the TSPA that the sentencing State

may request.

Section 22. Ne Bis In Idem. - A sentenced persontransferred under a TSPA may not be arrested, committed for trialor convicted in the administering State for the same offense/s forwhich he or she was sentenced. '

Section 23. Rule of Specialty. - A sentenced persontransferred may not be arrested; committed for trial or subjected toany restriction of his or her personal liberty on account of previousacts that are different from those' which gave rise to his or hertransfer.

VI. Miscellaneous Provisions

Section 24. Applicability of Philippine Laws. - Unlessthe TSPA provides otherwise, the laws, rules and regulations of thePhilippines pertaining to prisoners shall apply to a sentencedperson falling under the coverage of the TSPA In this regard, theSecretary, taking into consideration the applicable Philippine laws,rules and regulations, the case of the sentenced person and suchother relevant circumstances, may refuse a request for transfer.

Section 25. Separability Clause. - If for any reason anypart of provision of this Circular is declared unconstitutional orinvalid, the other parts of the provisions hereof which are notaffected thereby shall remain and continue to be in full force oreffect.

Section 26. Repe3Iing Clause. - This Circular reyokesDepartment Circular No. 15 entitled "Rules and Regulations toImplement the Treaty on the Transfer of Sentenced Persons

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between the Republic of the Philippines and the Kingdom ofSpain", series of 2009.

Section 27. Effectivity. --'This Department Circular shalltake effect immediately.

Done in the City of Manila, thisH day of DEC , 2010.

Oppllrlm,,"llll J••s"""Sl.Ml-l0-0010293

Page 23: DEPARTMENT CICULAR SERIES OF 2010

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Republika ng PilipinasKAGAWA RAN NG KATARUNGAN

Department of JusticeManila

1

LML-DC-30K2010

30 November 2010

DEPARTMENT CIRCULAR NO. 8.8SUBJECT: DESIGNATION OF OFFICER-IN-CHARGE

In the interest of the service and in view of my official travel to theUnited States of America to attend the World Bank's Conference on"Joining Forces to Combat Transnational Corruption" from 06 to 10December 2010, Undersecretary FRANCISCO F. BARAAN In is herebydesignated as the Officer-in-Charge, Office of the Secretary, thisDepartment, for the duration of the official travel of the undersigned.

This Circular takes effect immediately and shall remain in force for theduration ofthe period stated herein.

For strict compliance.

LE1~Secretary '-II ~1~~I~IIIII~IIII~I!III~II~III~111

Oep,,,tmonl 01J ••ShC"SLMI.-10-0010192

Copy furnished:

All concerned.

Page 24: DEPARTMENT CICULAR SERIES OF 2010

Republika ng PilipinasKAGAWARAN NG KATARUNGAN

Department of JusticeManila

86

LML-DC-15KIO- Q'l..D

15 November 2010

DEPARTMENT CIRCULAR NO. -----

TO:

SUBJECT:

Chiefs of Service/Staff in the Office of theSecretaryAll Heads of Bureaus, Commission andOffice under the Department

Seminar on Security Personnel DevelopmentCourse

The Department of Justice will conduct a "Seminar on SecurityPersonnel Development Course" on November 20, 2010 (Saturday) from8:00 a.m. to 3:00 p.m. at the 3rd Floor, Multi-Purpose Building, PadreFaura Street, Ermita, Manila.

In this regard, kindly submit the names of your securityofficers/personnel in charge of security to the Training Section, thisDepartment, not later than November 18, 2010:

Office Slots

1. Office of the Secretary 122. Office of the Solicitor General 23. Office of the Government Corporate Counsel 24. Public Attorney's Office 25. National Bureau ofInvestigation 26. Bureau ofImmigration 27. Bureau of Corrections 28. Parole and Probation Administration 29. Presidential Commission on Good Government 2

4.

Page 25: DEPARTMENT CICULAR SERIES OF 2010

. . .. For compliance.

Copy furnished:

All concerned.

/wpbc:\rnydocuments\DOsecurityseminarOS I

LE{~'Secretary II~\!~\!III\\illlli\~\lli\\\\II\I\\I\\

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Page 26: DEPARTMENT CICULAR SERIES OF 2010

•Republika ng Pilipinas

KAGAWARAN NG KATARUNGANDepartment of Justice

ManilaLML-DC-3KIO- <>1'1

•-DEPARTMENT CIRCULAR NO. 8 5

03 November 2010

SUBJECT: Reconstitution of the Selection Boards for the Firstand Second Level Positions in the Department Proper

Pursuant to Civil Service Commission Memorandum Circular No. 18dated 09 September 1998, the Selection Boards in the Department Proper arehereby reconstituted for the judicious and objective selection of qualifiedpersonnel for appointment in the career service in accordance with existingCivil Service Law and Rules.

A. Office of the Secretary (except Legal Staff and Internal Audit Service)

Chairman

Members

USEC Jose Vicente B. Salazar(for the Technical Staff)

USEC Francisco F. Baraan III(for the Board of Pardons imd Parole)

USEC Leah T. Arrnamento(for the Administrative Service, Financial Serviceand Juvenile Justice Welfare Council)

ASEC Geronimo L. Sy(for Planning & Management Service)

1. Representative from the Office of the Secretary

2. Chiefs of Service/Staff where the vacancy exists

3.(a) DOJEA Representative for the 2nd level positions(b) DOJEA Representative for the I sl level positions

B. National Prosecution Service (NPS)(Support Staff for the NPS including the OCSP and NCRProsecution Offices)

Chairman The Prosecutor General

Page 27: DEPARTMENT CICULAR SERIES OF 2010

)

Members 1. Representative from the Office of the Secretary

2. Senior Deputy State Prosecutor In-Charge ofAdministrative matters;

3. (a) DOJEA Representative for 2nd level positions(b) DOJEA Representative for 1st level positions

In case of the Offices of the RegionallProvincial/City Prosecutors, theselection/screening of nominees to aforesaid positions shall continue to be theresponsibility of the duly constituted Selection and Promotion Boards in therespective Offices of the Regional State 'Prosecutors, in accordance withexisting Civil Service law and rules and regulations.

C. Legal Staff (LS) and Internal Audit Service (lAS)

Chairman

Members

Secretary Leila M. De Lima'.

1. (a) All Undersecretaries in case ofIAS(b) CSC Ricardo V. Paras III in case of LS

2. Representative from the Office of the Secretary

3. (a) DOJEA Representative for 2nd level positions(b) DOJEA Representative for 1st level positions

The Personnel Division, this Department, shall provide the necessarySecretariat services to allBoards.

All previoussuperseded/revoked.

Issuances inconsistent thereto are hereby

This Circular takes effect immediately.

"

.,..~..

. ..........

L~~

,Secretary 11~1111~111,llllillllil~llli\ll,ilillllllO"p,,,lmenl 01 JUSI'C"SLM 1.-10-00 I 0003

2

Page 28: DEPARTMENT CICULAR SERIES OF 2010

r

LML-DC3KJO- ~l

Republika ng PilipinasKAGAWARAN NG KATARUNGAN

Department of JusticeM.anila

•.r

3 November 2010

DEPARTMENT CIRCULAR NO. "8 4TO To All Concerned Officials

DOJ Proper and Attached Agencies

SUBJECT PRIMER ON MULTI-YEAROBLIGATIONAL AUTHOIUIY (MYOA)

DATE 3 November 2010

Attached is primer on the Multi-Year Obligational Authority(MYOA) prepared by the Department of Budget and Management(DBM) which may serve as your reference when entering intocontracts for long term programs or projects - whether locallyfunded or foreign assisted.

For your information and compliance.

II~I~~I II~lllllllll~111IDel'"ltment 04Jusll~"SLMI.-l0-0Q09986

Encls.: As stated.

c: l1lSword \ IIIydocs \ eire .. lllyoa

L

Page 29: DEPARTMENT CICULAR SERIES OF 2010

Republika ng PilipinasKAGAWAAAN NG KATARUNGAN

Department of JusticeManila

LML-DC29JlO t> 1.3

-""'29 October 2010

DEPARTMENT CIRCULAR NO. 83TO Undersecretaries/ Assistant Secretaries

All Heads of Bureaus, Commissions, Offices/AgenciesAttached to the DOJ

The Prosecutor General/Senior Deputy State ProsecutorsThe Chief State Counsel/Assistant Chief State CounselsAll Heads of RegionallProvincial/City Prosecution OfficesAll Chiefs of Service/Staff in the Office of the SecretaryAll Concerned

SUBJECT Implementation of an Annual Disaster-Management Program

In the interest of the service and pursuant to the provisions of existing laws and toensure employees of the Department with the proper safety measures/procedures inaddressing diverse disaster scenarios, the following disaster-preparedness activities shallbe undertaken on a yearly basis every quarter:

PERIOD ACTIVITY

I~quarter January - March Fire Safety(lnspection/Drill)

2" quarter April- June Natural Disaster(Earthquake/Flood)

3" quarter July - September Man-Made Disaster(Bomb threat/Riot/Power Outage)

4th quarter. October - December Medical Emergency(First Aid / BasicLife Support)

n••po.rlmonl "I J ••~l'r.BSLMt-10-0009930

II~I!~Iili]ll~llllil~li~iI~IIIIII,IIIIC:\M y Documents/circulard isastcracti vities

The implementation of the disaster-management program is not limited to theabove-listed activities. You are encouraged to enhance with complementary programs as.appropriate aIlQ,necessary-in y,our, respectiye\-Offices.

I liECOHiJ2 ~ct.:l1uV. ,F .•..• - "'"'., r',d'- I:':d" Q~or lU,orrhat10n an '-gUlance: ~.~~:u~~~L~

L~D::E~b~:V~1l~1~:~I:::;:.:.',':;J.,.;O:~:..;.1:.:n_<-1_I_C_E_•••J secretary

INFO:GLS/LBUAEUIBCD

Page 30: DEPARTMENT CICULAR SERIES OF 2010

..\

Republika og PilipinasKAGAWARAN NG KATARUNGAN

Department of JUSliceM.anila

.~ ../'

<r'" •

DEPARTMENT CIRCULAR NO. 8 2L#1L -.JJL QKlc> -DI'1

TO

SUBJECT

DATE

All Officials and Employees in the DOJ Properincluding Regional! Provincial! CityProsecutors and Support Staff; and

All designated Special Disbursing Officers

Deadline for the submission of all CY 2010money claims to the Financial Service (FS),this Department

28 October 2010

All money claims incurred for CY 2010, such as, but not limitedto salaries, allowances and other personnel benefits, transportationexpenses for liaison officers and designated special disbursingofficers, and the like, shall be submitted to the Financial Service (FS),this Department, on or before 23 December 2010 (a non-extendible deadline). Claims received after the said deadline willbe categorized as unbooked obligations, and as such, shall besubject to DBM rules and regulations.

For your information, guidance and compliance.~

LE1~~Secretary .''11~1~~I~IIIII~~II~I~II~IIIIII~1111111

Oop"rlmonl 01 JUihCDSLMl-l0-o0099;?6

Page 31: DEPARTMENT CICULAR SERIES OF 2010

'.

Republika ng PilipinasKAGAWARAN NG KATARUNGAN

Department of JusticeManila L

LML-MC-26J1O- b~:!J

,,..29 October 2010-

DEPARTMENT CIRCULAR NO. 8 1

SUBJECT:

TO •• Undersecretaries and Assistant Secretaries,Heads of Services/Offices/Special Programsin the Deparbnent Proper and Agencies Under/Attached to the Deparbnent

DEVELOPMENT PLANNING FOR 2011-2016

Statement of Policy

1.0 The Department shall formulate a medium-term development plan(MTDP) for the years 2011 to 2016 and short-term action plans for2011 to include include institutional reforms in the justice systemthat will protect and uphold human rights in accordance with thedevelopment agenda and priorities of the present Administration.

Coverage

2.0 The development planning process shall cover all matters withinthe mandates of the Department and Department Services/Offices,Inter-Agency bodies attached to or headed by the Department, andAgencies under or attached to the Department.

Background

3.0 Memorandum Circular No. 3 dated September 2, 2010 from theOffice of the President directed the formulation of the 2011-2016Medium-Term Philippine Development Plan (MTPDP) and theMedium-Term Public Investment Program (MTPIP).

4.0 The National Economic and Development Authority (NEDA)issued the guidelines under Memorandum dated October 6, 2010,to mainstream Human Rights Base Approach (HRBA).Development planning of the Department shall conform to theissuances and related guidelines.

Page 1 of3

Page 32: DEPARTMENT CICULAR SERIES OF 2010

Planning Process and Outputs, .5.0 October 29. 2010. The Planning and Management Service (PMS)

shall convene key planning personnel of all Services/Offices andDOJ Agencies, to agree/set the parameters for plan formulationand develop/prescribe standard forms.

6.0 November 2-15. 2010. Each Agency to conduct the following:

6.1 Assessment of relevant institutional/sector/state conditions;

6.2 Consultations with respective regional/field units;

6.3 Formulation of goals, strategies, plans and targets, based onthe assessment/consultations made; and

6.4 Submit the following documents to the PMS not later thanNovember 16, 2010:

6-4.1 Agency assessment report;

6.4.2 Logical planning framework containing the goal/s,outcomes, strategies and programs/activities/projectsusing attached format (Annex "A"); and

6.4.3 Agency development plan for 2011-2016 usingattached template (Annex "B").

7.0 November 16-25. 2010. The Agency plans shall be harmonized andconsolidated into a draft Department MTDP.

8.0 November 26-28. 2010. Executive planning session of DepartmentProper officials and Heads of constituent/attached Agencies toreview the draft MTDP.

g.O November 29 - December 3. 2010. Documentation of the MTDPand submission to the NEDA

10.0 December 2010: Formulation of 2011Agency action plans based onthe Department MTDP.

11.0 After approval by the President of the national MTPDP:Preparation of the Department MTPIP following NEDAguidelines.

Page 2 ofJ

Page 33: DEPARTMENT CICULAR SERIES OF 2010

.•. r" 0

Focal U:nits'

12.0 The PMS shall be the focal unit responsible for organizing allplanning activities and formulating Department guidelines. Itshall also facilitate the formulation of the development/actionplans of DOJ Proper to be participated by all other Services, Officesand Special Programs and inter-agency bodies attached to orheaded by the Department.

13.0 A Development Planning Committee composed of planningpersonnel (one or two from each Agency) shall be constituted toensure close coordination, participation and cooperation among allDOJ Agencies. The Committee shall specifically undertake thefollowing functions:

13.1 Coordinate and facilitate planning activities together with theDOJ-PMS;

13.2 Consolidate and document the Department MTDP andMTPIP; and

13.3 Its members to serve as the Agencyfocal persons.

14.0 For this purpose, all Heads of constituent/attached Agencies arehereby directed to submit to the DOJ-PMS the names of planningpersonnel preferably with adequate institutional knowledgeselected to be official representatives in the Committee on orbefore November 8, 2010.

15.0 For guidance and compliance.

._.- --.

Page 3 ofJ

Page 34: DEPARTMENT CICULAR SERIES OF 2010

" ~.A'

,{.,

Republika ng PilipinasKAGAWARAN NG KATARUNGAN

Department of JusticeManila

78

LML-DC5J1 0 -dZO

05 October 2010

DEPARTMENT CIRCULAR NO. ----TO

SUBJECT

Undersecretaries/Assistant SecretariesChiefs of Service/Staff in the Office of the SecretaryAll Heads of Bureaus, Commissions and Officesattached to the Department

14th International Anti-Corruption Conference

The Department of Foreign Affairs through the Office of UnitedNations and Other International Organizations invites participants to the 14th

International Anti-Corruption Conference at the Queen Sirikit ConventionCenter in Bangkok, Thailand on 10-13 November 2010 with the theme"Restoring Trust: Global Action for Transparency." The Conference is co-organized by the Thailand's Ministry of Justice, the National Anti-Corruption Commission and Transparency Thailand~

For further information and updates, please visit website:http://l4iacc.org!.

Interested participants may forward their application to the Office ofthe Assistant Secretary for Personnel Management and Development, thisDepartment.

For information and guidance.

, -

C:\My Documents/lACe

INFO:GLS/AElJIBCD

\11\\ll\\[)"p .•••m••nl "I JU5!lC"

SLML -, 0-0009666

Page 35: DEPARTMENT CICULAR SERIES OF 2010

Republika ng PilipinasKAGAWARAN NG KATARUNGAN

Department of JusticeManila

LML-DC4J10 -Ov::l

05 October 2010

DEPARTMENT CIRCULAR NO. 76----TO

SUBJECT

Undersecretaries/Assistant SecretariesChiefs of Service/Staff in the Office of the SecretaryAll Heads of Bureaus, Commissions and Officesattached to the Department

Japanese Grant Aid for Human ResourceDevelopment Scholarship (IDS) Program

Attached is the letter dated 06 September 2010 from DirectorJonathan L. Uy, Public Investment Staff, National Economic andDevelopment Authority, inviting this Department to nominate participants tothe Japanese Grant Aid for Human Resource Development Scholarship(IDS) Program for Japanese Academic Year 2011-2012 sponsored by JapanInternational Cooperation Agency (nCA).

Interested nominees may forward their application to the Office of theAssistant Secretary for Personnel Management and Development, thisDepartment.

Deadline for submission of nomination of candidate/s will be on orbefore 05 November 2010 at 4:30 p.m.

Should you have further inquiries and clarifications, kindly contact thenCE IDS Project Office in the Philippines at telephone no. 02-753-3261.

Details can be downloaded at the IDS official website: http://jiceorg/ e/jds/application/index.htm.

For inf9r:mation and guidance.• ~EC0!:102 2EC1I0l1 • "IFP1)Onn, . j~1.'01 • jOel sen LiiILA M. DE LiM~

Oep ••rtmenl ot JustIce

. '3lML~10-0009625

C:\Mv Documents/JDS Program

INFO:GLS/AEUIBCD

Page 36: DEPARTMENT CICULAR SERIES OF 2010

Republika ng PilipinasKAGAWARAN NG KATARUNGAN

Department of JusticeManila

LML.DC27IlO -0\<6

27 September 2010

DEPARTMENT CIRCULAR NO. 7 5TO

SUBJECT

Undersecretaries/ Assistant SecretariesAll Heads of Bureaus, Commissions and Offices

under the DepartmentChiefs of Service/Staff in the Office of the Secretary

National Consumer Welfare Month (NCWM)Celebration in October 2010

In the interest of the service and upon the invitation from the NationalConsumer Affairs Council, you are hereby enjoined to extend support in thecelebration of the National Consumer Welfare Month (NCWM) thisOctober 2010 with this year's theme "Consumers: Green Multipliers." "., .

Relative thereto, you are encouraged to come up with some activitiesand display of a streamer in your respective offices to commemorate the saidevent

For information, guidance and appropriate action.

LE{~Secretary

Encl.: As stated.

C: \M Y Documents/consumer month

INFO,GLS/AELIIBCD

Dop"nm"nl DfJua!;c"StM L-1 0-000959~

i;ll'(;OHD2 2cC.ll('LiI••[_ (JOO n]f..J I

i : .J rJCl SOle ~ .~ 0 ~VOWOEblflUWEIU Ok 1n211C£

Page 37: DEPARTMENT CICULAR SERIES OF 2010

I .,.......•.

~I .'IL.~'>, ,..,,'

-'-,)Republika ng Pilipinas

KAGAWARAN NG KATARUNGANDepartment of Justice

M.anila

LML-DC-06110-.Ql\

--

72 6 September 2010-0-

SUBJECT:

i.it

DEPARTMENT CIRCULAR NO. -----DELEGA nON OF AUTHORITY•

In the intc;rest of the service and pursuant to the provisions of existinglaws, the areas of responsibilities/delineation of duties of theUndersecretaries/Officials granted or conferred by Department Circular No. 12dated 11 March 2010 are hereby modified as follows:

Undersecretary JOSE VICENTE B. SALAZAR

Offices

1. Bureau of Immigration2. Technical Staff

Committees/Programs

1. Commission on Maritime and Ocean Affairs (CMOA), pursuant toE.O. No. 612, s. 2007, as amended

2. Negotiation and Implementation of Economic Agreements3. Mactan-Cebu International Airport Inter-Agency Committee4. Civil Aviation Authority of the Philippines (CAAP)5. Alternative Dispute Resolution Office (ADRO)6. Inter-Agency Council Against Trafficking (lAC AT)7. Inter-Agency Task Force on Illegal Recruitment (pursuant to MOA

between DOJ-PNP-NBI-POEA dated 18 January 2008)8. Housing and Land Use Regulatory Board (HLURB)9. Manila International Airport Authority (MIAA)IO.Presidential Agrarian Reform Council (PARC)II.Philippine Board on Organ Donation and Transplantation (PBODl)12.DOE-DOJ Task Force on Oil Deregulation

Page 1 of4

Page 38: DEPARTMENT CICULAR SERIES OF 2010

13.Board of Administrators of the Intramuros Administration14.Power Sector Assets and Liabilities Management Corporation

(PSALM)

Undersecretary FRANCISCO F. BARAAN III

Offices

1. Office of the Government Corporate Counsel2. Parole and Probation Administration3. Bureau of Corrections4. Board of Pardons and Parole

Committees/Programs

1. Task Force on Political Violence, pursuant to A.a. No. 211 dated 26November 2007

2.. Dangerous Drugs Board (DBB)3. Ad Hoc Committee on Housing (Katarungan Village)4. Presidential Committee on Bail, Release on Recognizance and Pardon

(Head Secretariat)5. National Water Resources Board (NWRB)6. Anti-Money Laundering Council (AMLAC)7. Inter-Agency Committee on Milk Advertisements8. Privatization Council

Undersecretary LEAH T. ARMAMENTO

Offices

1. Presidential Commission on Good Government (PCGG)2. Administrative Service in the Department Proper3. Financial Service in the Department Proper4. Juvenile Justice Welfare Council (JJWC), as the DOJ Representative5. Public Sector Labor Management Council

Committees/Programs

1. Presidential Commission on Human Rights2. Committee on Women-In-Development Focal Points for

Women/Gender Concerns

Page 2 of4

1

I

Page 39: DEPARTMENT CICULAR SERIES OF 2010

", ,I

, '. ,

,. "..#', '

3. Special Committee for the Protection of Children4. Council for the Welfare of Children5. Inter-Agency Committee on Violence Against Women and Children6. Payapang Bayan Task Force (PBTF) on Local Peace Initiatives,

pursuant to E.O. No. 696, s. 20087. Procurement Transparency Group (PTG)8. Policy Support Group on JASIG in preparation and conduct of the

resumption of the GRP's formal negotiations with the CPPINPAINDF9. National Metrology Board1O.InteIIectual Property Task Force pursuant to R.A. No. 8293I I.Department of Justice Action Center (DOJAC)12.Philippine National Aids Council13.Governing Board of the National Council on Disability Affairs14.Inter-Agency Council Against Child Pornography

Chief State Counsel RICARDO V. PARAS III

1. Bids and Awards Committee (BAC)2. International Affairs (Negotiation and Implementation of Treaties on

Extradition, Mutual Legal Assistance and Transfer of Prisoners, andother UN Treaties on Criminal Matters

3. Justice System Infrastructure Program (JUSIP)4. Inter-Agency Committee on Tobacco Regulation

.5. Refugee Processing UnitlInter-Agency Committee for the RemainingVietnamese Nationhls

Prosecutor General CLARO A. ARELLANO

.1. Board of Claims2. National Law Enforcement Coordinating Council (NALECC)

Assistant Secretary ZABEDIN M. AZISAsst. Sec. for Finance

1. Legislative Liaison Functions2. Maguindanao Victims Benefit Fund3. Committee for the Processing and Adjudication of Retirement

Claims under R.A. 1616, as amended

Page 3 of4

Page 40: DEPARTMENT CICULAR SERIES OF 2010

.'I' 'J'-'-'.•...' ..' l

, ,Assistant Secretary GERONIMO L. SYAsst. Sec. for Administration

1. Anti-Terrorism Council (ATC), pursuant to the Human SecurityAct of 2007, as Primary representative of the Secretary of Justice

2. Planning ang Management Service in the Department Proper

The following offices and committees/programs shall be under the directsupervision of the Secretary of Justice: '

1. National Prosecution Service2. National Bureau ofInvestigation3. Legal Staff4. Office of the Solicitor General5. Public Attorney's Office6. Witness Protection, Security and Benefit Program (WPSBP)

The supervising Undersecretaries' shall be the Chairperson of theSelection and Promotion Board for the respective offices/units in the DOJproper herein assigned. With respect to constituent offices of the Department"where the Secretary of Justice is the appointing authority, the recommendationof their Selection and Promotion Board shall be coursed througb and endorsedby their respective supervising Undersecretaries.

All previous issuances inconsistent herewith are hereby revoked.

This Circular takes effect immediately and shall remain in force untilfurther Orders.

()~p"rlm"n\ 01Ju.uc ••SLM L-l 0-0009365

l~\l\\\\1\~\~I\\~~I\L~~

Secretaryosec!mlmDelegalion of Authority re offices ~ndP[,o2~f':Fl1!A'4~Rj V.lI' :-}

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Page 40f4

Page 41: DEPARTMENT CICULAR SERIES OF 2010

.'- ...• ,•. .> ,

6 September 2010

Republika ng PilipinasKAGAWARAN NG KATARUNGAN

Department of JusticeManila

LMI.- oc- Olll

DEPARTMENTCIRCULARNO. _7_._1_TO

SUBJECT

: Undersecretaries and Assistant SecretariesAll Officials and Employees Concerned

Release of Retention Money Deductedfrom Progress Billings of JusticeSystem Infrastructure Program(JUSIP) and Construction Projectsundertaken by the Department

In the interest of the service and to ensure that the governmentwill be free from the inconveniences of legal process of claiming thesecurity bonds posted to answer for defects that may be discoveredafter acceptance of completed JUSIP projects and constructionprojects undertaken by the Department, l'etention moneydeducted from Progress Billings of all contractors shouldbe released upon 100% completion and final acceptance ofthe project. Release of retention money prior to completion andacceptance supported by surety bond equivalent to retention moneyshall no longer be allowed.

For strict compliance.,

Encl, As stated.

Copy Furnished:All concerned

Page 42: DEPARTMENT CICULAR SERIES OF 2010

... "

'~"'kRepublika ng Pilipinas

KAGAWARAN NG KATARUNGANDepartment of Justice

Manila

LML-OC-CU1\O -010

70DEPARTMENT CIRCULAR NO. -----

06 September 2010

SUBJECT CASES CALLING FOR THE INHIBITION OF THESECRETARY OF JUSTICE

In the interest of the service and pursuant to the provisions of existing laws,where there is conflict of interest, or where reasons of delicadeza so dictates, theSecretary of Justice shall inhibit herself from resolving any appeal, petitionfor review or motion for reconsideration (of resolutions or decision on appealor petition for review).

In such cases, the appeal, petition for review or motion for reconsiderationshall be referred to and resolved by the respective Undersecretaries, in their owncapacity, on the basis of their geographical jurisdictions as set forth in DepartmentCircular No. 66 dated 31 August 2010.

This Circular takes effect immediately, supersedes previous Issuancesinconsistent herewith and shall remain in force until further orders.

LE~Secretary

Copy furnished:ALL CONCERNED.

Oap"nment ot Justica51-tott.-l 0-0009200

Page 43: DEPARTMENT CICULAR SERIES OF 2010

LML-L1.3ho rnJ

------------------------~-~-_. -

,,~ " t'" fRepublika ng Pilipinas

KAGAWARAN N~ KATARUNGANDepartment of Justice

Manila

DEPARTMENT CIRCULAR NO. 6913 September 2010

TO: Undersecretary JOSE VICENTE B. SALAZARUndersecretary FRANCISCO M. BARAAN IIIUndersecretary LEAH T. ARMAMENTOUndersecretary ALICIA R. BALA, (JJWC)Assistant Secretary ZABEDIN M. AZISAssistant Secretary GERONIMO L. SYProsecutor General CLARO M. ARELLANOChief State Counsel RICARDO V. PARAS IIICity Prosecutor FELICIANO A. ASPI, NPLPDirector MAGTANGGOL B. GATDULA, NBIChief Public Attorney PERSIDA V. RUEDA-ACOSTA, PAODirector PDG OSCAR C. CALDERON, BUCOROlC, Commissioner RONALDO P. LEDESMA, BIOlC, Administrator ROSALIO D. BALANE, PPACommissioner PERLA Y. DUQUE, COSLAPOlC, Government Corporate Counsel ELPIDIO J. VEGA, OGCCOlC, Solicitor General JOSE ANSELMO I. CADIZ, OSGChairman CAMILO L. SABIO, PCGGProgram Director LEO B. DACERA III (WPSBP)Asst. Program Director MA. NERISSA M. CARPIO (WPSBP)Executive Director REYNALDO G. BAYANG (BPP)Asst. Chief State Prosecutor MIGUEL F. GUDIO, JR (BOC)Director RODOLFO B. FELIXDirector MA. MONICA P. PAGUNSAN, MSODirector LIZAB. DE LEON, Administrative ServiceDirector DANILO D. BULOSANChiefAccountant MARIA ELISA B. GERMARBudget Officer JULIET T. CANOY, FMSChiefplanning Officer RYAN C. THOMASDirector RODOLFO C. FLORENTIN (JUSIP)Budget/Finance Officers of the Agencies under the DOJ

SUBJECT: BRIEFING WITH THE SECRETARY OF JUSTICE

In preparation for the September 20, 2010 budget hearing at the House ofRepresentative, there will be a budget briefing on September 16, 2010(Thursday), 10:00A.M., to be held at the Executive Lounge, MultiPurpose Bldg., DOJ, Padre Faura, Manila.

Your personal presence in the above scheduled briefing is strictlyenjoined.

CopyFurnished:All Concerned

LE1~lVtA'Secretary

Department at Justic"SLML-l0-0009]94

Page 44: DEPARTMENT CICULAR SERIES OF 2010

Republika ng ~ilipinasKAGAWARANNGKATARUNGAN

Department of JusticeManila

DEPARTMENT CIRCULAR NO. _6__8_14September 2010

TO: Undersecretary JOSE VICENTE B. SALAZARUndersecretary FRANCISCO M. BARAAN IIIUndersecretary LEAH T. ARMAMENTOUndersecretary ALICIA R. BALA, (JJWC)Assistant Secretary ZABEDIN M. AZISAssistant Secretary GERONIMO L. SYProsecutor General CLARO A. ARELLANOChief State Counsel RICARDO V. PARAS IIICityProsecutor FELICIANO A. ASPICityProsecutor EDWARD M. TOGONONDirector MAGTANGGOL B. GATDULA, NBIChiefPublic Attorney PERSIDA V. RUEDA-ACOSTA, PAODirector PDG OSCAR C. CALDERON, BUCOROlC, Commissioner RONALDO P. LEDESMA, BIOlC,Administrator ROSALIO D. BALANE, PPACommissioner PERLA Y. DUQUE, COSLAPOlC,Government Corporate Counsel ELPIDIO J. VEGA, OGCCOlC, Solicitor General JOSE ANSELMO I. CADIZ, OSGDean JUAN ANDRES D. BAUTISTA, PCGGProgram Director LEO B. DACERA III (WPSBP)Asst. Program Director MA. NERISSA M. CARPIO (WPSBP)ExecutiveDirector REYNALDO G. BAYANG (BPP)Asst. Chief State Prosecutor MIGUEL F. GUDIO, JR (BOC)Director RODOLFO B. FELIX, FSDirectorMA. MONICAP. PAGUNSAN, MSODirector LIZA B. DE LEON, Administrative ServiceDirector DANILO D. BULOSAN, FSChiefAccountant MARIA ELISA B. GERMARBudget Officer JULIET T. CANOY, FSChief Planning OfficerRYAN C. THOMASDirector RODOLFO C. FLORENTIN (JUSIP)Budget/Finance Officers of the Agenciesunder the DOJ

SUBJECT: Committee on Finance budget hearing on the Prop.osedFY 2011 Budget of the Department of Justice andattached Agencies

Per enclosed letter dated September 14, 2010 from the Senate Committee onFinance, there will be a budget hearing on the Budget of the Department of Justiceand its attached Agencies on Tuesday, September 21, 2010, 9:30 A.M. to beheld at the Sen. Recto Room, 2nd Floor, Senate of the Philippines, GSISFinancial Center, Pasay City.

Your personal presence in the above scheduled hearing is strictly enjoined.\

ll"~,,nmDnl of JUS\lCO51.MI.-l0-o009193

Page 45: DEPARTMENT CICULAR SERIES OF 2010

., j , ••

Republik:a ngPrlipinllSKAGAWARAN NG KATAAUNGAN

Department of Justice (\1'2Manfla LML-L13IlOlL.b>

14 September 2010

DEPARTMENT CIRCULAR NO. __ 6_7_TO: Undersecretary JOSE VICENTE B. SALAZAR

Undersecretary FRANCISCO M. BARAAN IIIUndersecretary LEAH T. ARMAMENTOUndersecretary ALICIA R. BAJA, (JJWC)Assistant Secretary ZABEDIN M. AZISAssistant Secretary GERONIMO L. SYProsecutor General CLARO A. ARELLANOChiefState Counsel RICARDO V. PARAS IIICityProsecutor FELICIANO A. ASPICityProsecutor EDWARD M. TOGONONDirector MAGTANGGOL B. GATDULA, NBIChiefPublicAttorneyPERSIDA V. RUEDA-ACOSTA, PAODirector PDG OSCAR C. CALDERON, BUCOROIC,Commissioner RONALDO P. LEDESMA, BI .OIC,Administrator ROSALIO D. BALANE, PPACommissioner PERLA Y. DUQUE, COSLAPOIC,Government Corporate CounselELPIDIO J. VEGA, OGCCOIC,SolicitorGeneral JOSE ANSELMO I. CADIZ, OSGDean JUAN ANDRES D. BAUTISTA, PCGGProgram Director LEO B. DACERA III (WPSBP)Asst. Program Director MA. NERISSA M. CARPIO (WPSBP)ExecutiveDirector REYNALDO G. BAYANG (BPP)Asst. ChiefState Prosecutor MIGUEL F. GUDIO, JR (BOC)Director RODOLFO B. FELIX, FSDirector MA. MONICA P. PAGUNSAN, MSODirector LIZA B. DE LEON, Administrative ServiceDirector DANILO D. BULOSAN, FSChiefAccountant MARIA ELISA B. GERMARBudget OfficerJULIET T. CANOY, FSChiefPlanning OfficerRYAN C. THOMASDirector RODOLFO C. FLORENTIN (JUSIP)Budget/Finance Officersof the Agenciesunder the DOJ

SUBJECT: Committee on Appropriations Budget Briefing/hearingon the Proposed FY 2011 Budget of the Department ofJustice and attached Agencies

Per enclosed letter dated September 3, 2010 from the Committee onAppropriations, there will be a budget briefing/hearing on the Budget of theDepartment of Justice and its attached Agencies on 20 September 2010,Monday at 9:30 A.M. to be held at the Rolando R. Andaya Hall,Southwing, Batasang Pantbansa Complex, Quezon City.

The use of Audi-Visual presentation ishereby advised and be prepare withyour respective budgetary briefing materials;

Your personal presence in the above scheduled hearing is strictly enjoined.-l\~\~ij\~\~\\\i\\ Li~

n"I',,,lm,,nl 01Ju6"~" Secretary5LMI.-IO-000919?._---~----_._--

Page 46: DEPARTMENT CICULAR SERIES OF 2010

LML- DC- 3 IH I0-..QDtj

31 August 2010•66

oRepublika ng Pilipinas

KAGAWARAN NG KATARUNGANDepartment of Justice

Manila

D. PROSECUTOR GENERAL CLARO A. ARELLANO

C. UNDERSECRETARY LEAH C. TANODRA-ARMAMENTO

Resolutions on petitions for review of, or appeals from, the resolutions oftheProsecutor General, Regional State Prosecutors, Provincial Prosecutors and CityProsecutors in Mindanao and the Resolutions issued by' the respective CityProsecutors of the following National Capital Region Cities:

I. Makati2. Pasay3. Paraiiaque4. Las Pinas5. Muntinlupa6. Taguig and Pateros

tl.o.thing-in-1bi~DeDartmeU! CircJllar shall diminish the authority _o_f_t_he ._

~n preliminary investigation, inqye~t 01: r~investigation and appeals regardless ofthe penalty.

on preliminary investigation, inquest .01' reinvestigation and appeals regardless ofthe penalty.

Resolutions for the outright denial of the petitions for review of, or appealsfrom, the resolutions of the 'Regional State. Prosecutors, Provincial and CityProsecutors on preliminary investigation, inquest or reinvestigation.

The Secretary of Justice shall be the sole signatory' on all Resolutiolls ,II]

Motions for Reconsideration fi-om resolutions issued by the abovenumedUndersecretaries and the Prosecutor General.

DEPARTMENT CIRCULAR NO. ------

,>

In the interest of the service and pursuant to the provisions of existing laws,with the end view of expediting the disposition of appealed cases, the following arehereby authorized to sign or approve resolutions on appealed cases for and inbehalf of the Secretary ofJustice:

1. Quezon City2. Caloocan3. Malabon4. Navotas5. Valenzuela

Resolutions on petitions for review of, or appeals from, the resolutions oftheProsecutor General, Regional State Prosecutors, Provincial Prosecutors and CityProsecutors in Luzon and the Resolutions issued by the respective City Prosecutorsof the following National Capital Region cities:

on preliminary investigation, i.nquest or reinvestigation and appeals regardless ofthe penalty.

A. UNDERSECRETARY JOSE VICENTE B. SALAZAR

SUBJECT: DELEGATION OF AUTHORITY TO SIGN OR APPROVERESOLUTIONS ON APPEALED CASES

, ,

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B. UNDERSECRETARY FRANCISCO F. BARAAN III

Resolutions on petitions for review of, or appeals from, the resolutions of theProsecutor General, Regional State Prosecutors, Provincial Prosecutors and CityProsecutors in the Visayas and the Resolutions issued by the respective CityProsecutors of the following National Capital Region Cities:

1. Manila2. Marikina3. Pasig4. Mandaluyong5. San Juan

Page 47: DEPARTMENT CICULAR SERIES OF 2010

.-. --

Republika ng PilipinasKAGAWARAN NG KATARUNGAN

Department of JusTiceManila

..TO

August 26,2010

DEPARTME~T CIRCULAR NO. 6 5\,

'~

Undersecretaries/Assistant SecretariesChiefs of Service/Staff in the Office of the SecretaryAll Heads of Bureaus, Commissions and Officesattached to the Department

SUBJECT Ramon Magsaysay Award FoundationPresentation Ceremonies

The Ramon Magsaysay Award Foundation invites participants fromthis Department to the Presentation Ceremonies of the 2010 RamonMagsaysay Awardees to be held on Tuesday, August 31, 2010 at 4:30 p.m.at the Main Theater, Cultural Center of the Philippines, Roxas Boulevard,Manila.

Please submit names of at least two (2) participants from each office. ,....r .to the Office of the Assistant Secretary for Personnel Management andDevelopment not later than Friday, August 27,2010.

For information. •

JO~ VI~EN;E ~S~L~R• Undersecretary

Offic@r-In-Charge

C;\My Documents/RamonMagsaysay

INFO:GLSI AElIBCD

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Page 48: DEPARTMENT CICULAR SERIES OF 2010

Republika ng PilipinasKAGAWARAN NG KATARUNGAN

Department of JusticeManila

,.

64August 23,2010

DEPARTMENT CIRCULAR NO. ----

.,

TO

SUBJECT

•. Undersecretaries/ Assistant SecretariesChiefs of Service/Staff in the Office of the SecretaryAll Heads of Bureaus, Commissions and Officesattached to the Department

Institutionalization of Multi-Stakeholder ProfessionalLearning for Universal Sirills in Trade Policy andNegotiations (I-MUST PLUS) Curriculum

The Universal Acc<;l~sto Competitiveness and Trade (U-ACT) invitesthe Department to its ptogram "Institutionalization of Multi-StakeholderProfessional Learning for Universal Skills in Trade Policy and Negotiations(I-MUST PLUS) Curriculum" on September 13-16, 2010, a four-day non-degree trade policy course to be held. at AIM Conference Center, MakatiCity.

Interested participants may forward their enrollment forms directly toUniversal Access to Competitiveness and Trade (U-Act) Office, 3/F ECCBuilding, 355 Sen. Gil Puyat Avenue, Makati City, Philippines.

Enclosed for reference is the detailed information about U-ACT, thePLACE and the I-MUST Curriculum.

For information.

Page 49: DEPARTMENT CICULAR SERIES OF 2010

Republika ng PilipinasKAGAWARAN NG KATARUNGAN

Department of JusticeManila

DEPARTMENT OF JUSTICE

QDn~ ID 27 AUGZ~OJ

• RECORDS SECTIt)N .,.J

DEPARTMENT CIRCULAR NO.

Augllst-23,20l0

63TO •. Undersecretaries/Assistant Secretaries

Chiefs of Service/Staff in the Office of the SecretaryAll Heads of Bureaus, Commissions and Officesattached to the Department

SUBJECT: Guidelines for Inclusion as Nominee/Candidate to theMasteral Programs (MP)/Postgraduate DiplomaCourses (PGDip) in New Zealand

Attached for your information and guidance is a letter-invitation fornominees/candidates to the New Zealand Development Scholarship (NZDS)Masteral Programs (MP)/Postgraduate Diploma Courses (pGDip ),Academic Year (AY) 2012.

A. QUALIFICATION REQUIREMENTS:

1. Philippine Government

a. Candidate must have rendered at least two (2)years of service;

b. Must hold a permanent appointment;c. Must have a college degree related to the field of

study or has sufficient demonstrated ability andexperience along the field of study;

d. Must not have a pending application for scholarshipunder another program; and

e. Must have rendered the service obligation requiredunder Executive Order 367 for scholarship recentlyconcluded before he/she could again be nominatedfor another course where the field of study isdifferent from the previous training.

2. Donor Country

a. Forty-thi:ee (43) years of age and below; andb. Should not be a Master's Degree holder.

Page 50: DEPARTMENT CICULAR SERIES OF 2010

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...

B. FINANCIAL ASSISTANCE:

1. Nominating Agency will provide the salary of the candidate/nominee for the duration of the award

2. Donor Country

- Full grant

C. DOCUMENTARY REQUIREMENTS:

1. A letter of nomination signed by the Secretary orHead of office;

2. Certified Copy of Service Record;3. Certified Copy of Statement of Actual Duties and

Responsibilities;4. Photocopy of Transcript of Academic Records

(Baccalaureate/Graduate);5. Photocopy of Diploma (Baccalaureate/Graduate);6. Certification that the nominee has no pending

administrative and criminal case;7. Certification that the nominee has no pending

scholarship nomination to other program; and8. Updated bio-data resume with list of in-service

trainings and seminars attended.

, D. DURATION:

Academic Year 2012

E. PROCEDURE:

Applications for the said program shall be coursed through theNational Scholarship for Development (NSFD).

For information.

JO; VICENTE~B.~~Undersecre~

Officer-In-Charg~

C:\My DocumentslNew Zealandscholarships

lNFO:GLSfr~to'

Page 51: DEPARTMENT CICULAR SERIES OF 2010

Republika ng PilipinasKAGAWARAN NG KATARUNGAN

Department of JUS1iceManila

23August 2010

DC- UIIL- d.'61110- 0016

DEPARTMENT CIRCULAR NO. 6.1SUBJECT •• DESIGNATION OF PERSONNEL

In the interest of the service and pursuant to the prOVISIOnsofexisting laws, Undersecretary JOSE VICENTE B. SAlAZAR is herebydesignated as Officer-in-charge, this Department.

Assistant Secretary GERONIMO L. SY is hereby designated asSpokesperson, this Department.

This Order takes effect immediately and shall remain in force untilfurther orders. .

L~Secretary

ll6p"'_ ol.hIOUc.9lMt-l00009007.

Page 52: DEPARTMENT CICULAR SERIES OF 2010

Republika ng PilipinasKAGAWARAN NG KATARUNGAN

Department of JusticeManila

DEPARTMENT CIRCULAR NO. 60 LML-DC-13 H I0- rot

SUBJECT : DEACTIVATION OF THE COMMISSION ONTHE SETTLEMENT OF lAND PROBLEMS(COS LAP)

DATE :August 13, 2010

As provided under the DOJ Rationalization Plan (RatPlan)approved by the Department of Budget and Management (DBM)on June 28, 2010 pursuant to Executive Order No. 366 s. 2004,otherwise known as the "Rationalization Program", the COSLAP isnow deactivated. '

Effective immediately, the COSLAP shall no longer receivenew cases. The COSLAP is hereby directed to conduct an inventoryof all pending matters specifically case details and submitrecommendations on the courses of action to be taken relative tothe eventual disposition of cases.

For information and guidance.

~...,, ~ ~I ~111I1~111!~11!11!li~II'llilll~11

Oepanmenl 01J",liceStM L-( 0-000<;999

Page 53: DEPARTMENT CICULAR SERIES OF 2010

Republika ng PilipinasKAGAWARAN NG KATARUNGAN

Department of JusticeM.anila

"

LML-DC-ll H 1o-jID

DEPARTMENT CIRCULAR NO. _5_9_FOR : Heads of Services and Offices in the Department Proper

and Agencies Under or Attached to the Department

SUBJECT : Organizational Actions Pursuant to the ApprovedDOJ Rationalization Plan

DATE : August 11,2010

b

As provided under the DOl Rationalization Plan, modified andapproved by the Department of Budget and Management (DBM)pursuant to Executive Order No. 366 s. 2004, please be informed of thefollowing:

I. Renaming the Financial and Management Service (FMS) toFinancial Service (FS);

2. Renaming the Management Services Office (MSO) to Planningand Management Service (PMS); and

3. Administrative Service (AS) remains to be AdministrativeService (AS).

Other organizational, functional and staffing changes under theRationalization Plan shall be covered by separate issuances.

For information and guidance.

l\\\\I[11111D ••pnr1ment ot Juftt,ee

SI.M l-l 0-0008865

\,

II

I

I

Page 54: DEPARTMENT CICULAR SERIES OF 2010

.'.'

Republika ng PilipinasKAGAWARAN NG KATARUNGAN

Department of JusticeManila

LML-DC-03HIO ..um

August 03, 2010

DEPARTMENT CIRCULAR NO. 58 ·TO

SUBJECT

Undersecretaries/ Assistant SecretariesChiefs of Service/Staff in the Office of the SecretaryAll Heads of Bureaus, Commissions and Offices .attached to the Department

Foreign Service Institute's (FSI) Foreign LanguageProgram

Attached is the letter dated 6 July 2010 from Ms. Laura Q. DelRosario, Acting Director, Foreign'Service Institute, Department of ForeignAffairs, inviting this Department to nominate participants to the Institute'sForeign Language Program, a one-year trimestral training in major foreignlanguages for personnel of the Department of Foreign Affairs and othergovernment agencies.

Enclosed for reference are copies of the following: 1) programbrochure, 2) provisional schedule of courses, and 3) application forms (5copies).

Interested applicants may forward their application to the NationalScholarship for Development (NSFD).

For information.

11~I~ill!:lil!~IIII~11111C:\My DOC~~~ign language

Info:GLS/~~CD

OoplIrtmanl 01 J••~ll<:1!

SLt04l-10-o008854

Page 55: DEPARTMENT CICULAR SERIES OF 2010

.~j• '",,: -<'.

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Republika ng PilipinasKAGAWARAN NG KATARUNGAN

Department of JusticeManila

LML-MC-29GlO- 0"4-July 29, 2010

DEPARTMENT CIRCULAR NO. 5 7i

To: All Regional Prosecutors, Provincial and City Prosecutors, theirDeputies and Assistants, State Prosecutors and ProsecutionAttorneys

Subject: Consolidated Guidelines in the Investigation and Prosecution ofCases involving Violations of Republic Act (RA) No. 9208,otherwise known ,as the "Anti-Trafficking in Persons Act of2003"

In pursuit of the government's policy to protect the people, especiallywomen and children, from the threat of violence and exploitation andeliminate trafficking in persons, and in order not to frustrate the ends ofjustice, the following Guidelines are hereby reiterated in the investigationand prosecution of cases involving violation of R.A. No. 9208:

Resolution of Cases

1. All cases involving violations of R.A. No. 9208 shall be givenpreferential attention, and therefore, should be investigated andresolved within the periods indicated in the Revised Rules onCriminal Procedure. All pending cases as of this issuance should beresolved immediately.

2. When there is probable cause of Acts of Trafficking in Persons, Actsthat Promote Trafficking in Persons, and Qualified Trafficking inPersons under R.A. No. 9208 in a case subject of inquest orpreliminary investigation, the investigating prosecutor shall preparethe resolution and Information for the applicable violation of R.A. No.9208.

Page 56: DEPARTMENT CICULAR SERIES OF 2010

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Rules of Court clearly mandates otherwise.

4. The handling prosecutor of a case involving an alleged violation ofR.A No. 9208 shall sternly oppose any motion before the court forthe investigation or reinvestigation of the case. Incase such a motionis' granted by the court, th~ lt~ndling prosecutor shall file a writtenmotion for the reconsideratiQ!l:Qf.ilie;ordero£the~coutt:;"",f ,l ",\. .; •

5. The handling prosecutor ,oLa, caseAnvQlving an"alleged'violation :0[;R.ANo.9208 shalllikewiseoppose ahymoti0mor.:.oth~r,act delayingthe resolution of the same unless the grounds th~r.efot.e',-areclearlyand patently valid and meritorious .

., " ..t'r~"" f{.~::':~_;,',: ~.J)J;.~:.. I._._.~~.~~)t'\':';,i1(;.) ..):Y.lf(~'- ".

6. Cases involving'such'jyiolations,shal1;no,t peidismissecl,>,oh the mereaccount' of Affidavit)bf (Desistanceexecuted~ byeitl1!W'!t:Aewictimjs ortheir parents or legal guardians, especially where,~er:e is otherevidence to establish probable cause. All, therefore, are directed, torelentlessly prosecute 'the" offenders 'and-Vigorously oppo'se and70rmanifest strongobjections~toirmo,tions:dorl-,dismissalu despite thedesistance, of the victim/sjor, theii'::p.!rr~mtsI(),rI~g;il'guardiap.~;,nejtheJ" 'shall a motion,to dismjss0n,fI,cc0gm,.of;..1J11.Gh,~de~i!ltiW~,~1J:~j~itiated:-RY,th ti* I • i' ~..1'" ••••• ,..... -;~, • ~ 'e prosecu on. •);., ,'fDr.[ ,j','C ,'j~L,:,;):",,:j :':l-!,;i!;:~1 Jl,: ',,',!.'>,I'

. .!~~:.:i .!,n i...(.!r;!:~f;i~..rI3.l~,L~,,\.(~:H~~~~,:J:;~~'_~.;)r~ot!.t~~;<~'::L,,!(1.;~VI'.7. No bail shall be recommended for cases involving violations' of

Section 4 (Acts of Trafficking) in Ijrelation to "Secti9I!f;6/tCQl!'aHft.edJTrafficking) R.A No. 9208. In all other cases, the amount of bailshall be based on the m:llnb~r 0Ly:~ars:\of;tbei.impo~.a,R~~jp'~naJty,multiplied by Ten ThOl;lsa~d,Pesos;(J?llP:lO?OOp.oO} '.'$;~.n;"::.

; r -;;"" t. ( f,'I: :;-"J. ::; ~. 1.; L' ':. :. l.~:'-r,;'--.i,!:'

ReportorialRequirements~, ,:' .,;"+ ,{,' ,,',r;",-: :,,',r ,,)--' '

.. -r;,i"1 i~''l.,,, :ir");~,'i,~n:.,c-~-'"(1. Immediately upon the issuance of tite subpoena'to'the respondent in

a preliminary' investigation;: .()r~-uP9P-:Jh~:initia,tion J 9f';liJ;l,d!1qUy~t,involving anallegyd :violatioJ1.,of(I~;A;.,No.: 9298,:tb~;!n~e~,tigatingofficer shall transmitJo the,Sec:reta!riat:,of th,e;.:Inter"-!'\.gell~y;:;~ouncilAgainst Trafficking .c~CA1;~"Depar1ment joJ,Ju~tise,N!l,nH~,;a.!1~theRegional OfficeA>f. if. the 't rBepar.t:rpent "qf i S09~al.bW~}Jq~~;1andDevelopment a report'statirig the ititle, number and, in~~.R}~gatingofficer of the case, and the name, age, sex, and other relevant,

2

I I

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circumstances of any victim, for the determinatio:ll;ofthe measures ofcustody, protection, and/QJ.";,~~~i~tanceapprop,ti~tHQS:hesaid victim'scase.' .•' ,:L;~,;:c,;.';~'::',' , '~:,;~:1f:jf~~~i*~'

2. The investigating prosecutor in a preliminaI)' inve'stigation involvingan alleged violation of R.A. No. 9208 shall, together with the draftresolution of the investigation, submit a report to the provincial ofcityprosecutor or chief stale prO~~,9.'ttq~"thel9110~ngjnformation:

a) The date of the filing of the complaint;b) The date of theissuance.ofthe subpoena to the respondent, if

..•.. ,~••.• ,l-!.J~i:.::~''''' '.". .'

any;. ...'(.iJ '.b!;:;~,:.",,;ri ~-~J;. ',."f... !

c) The date of'the'receipt'of<'the'~ubpoena by the respondent, if,any,". ';.' 'J:f.",";':{) ~7-"';'\j __"~".' .

d) The date of the.submissiono£ the,counter-affidavit, if any;e) The dates of clarificatoryhea:r.ingsconducted in the preliminaI)'.

investigation, if any;" L...', "'.. '. .

f) The date of the draft resolution; and .g) The date of the transmission of the records of the case to the:

provincial or city prosecutor 'oJ."chief state prosecutor. ': .", ,.' ~'I ! '1";:~: I "l~u~/v~,'i ,:.~';'r;,,'.rO/'){~: "'1,""'-":;<,:10,

. ,- : 'f.~ -\"mHri"nr.f/~.ik. "~""T t> ;~,r{j.'J~.L-I-" .3. Upon his/her approval or disapprovall/oft,the"resolution of the,

investigating prosecutor, the 'provincial or city prosecutor or chief!.: ..••.•• ~.•.j".l rr.(11j:, I....'.l'1..-I!t,. '.,-:-~ • _ '. •

state prosecutor shall ~liJ;irp.I!,~'r~.I)Rn:t9~tlj'e"I4CATSecretanat statmgthe date of receipt of,the.rec~F:c:l~;pftheJc,!,s~,andof the approva~.pr~disapproval of the resolution. The report shall append a copy ofllie.report of the invest:iga:gng"'pr6~~<:~~or.teg~~redunderthe preceding.Paragraph hereof. . :',,".,j";""""'I,'~;.';"A. I,';,:' .,~"... ' !

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I~ case' th~.,dfite~•.,'~~~~~~~;~n~~~~~mpl,~a,ncewith. 0e ~eri?ds Istated m the ReVIsedRule~.rR~:qF..J;IlHP:~I;;Piroceidure,the mvestIg~tmgIprosecutor s?all explain in th~.r~por: the.cau.se ofthe delay. FaIlureIto complyWIthany dfthe'proVlslOns;OfthISCIrcular shall ~e a ground t

for administrativelia:b,iliW'C,~i',~~~''it:" (', .. , .

• • ,- .,;;. ,~)•.'. :~~: /:,;1- I ~' .!'

Stnct complIance hereWIthISenJomed.! I

'; ".,"; :: '-, /- Pi lJiu;:-j.lit . .,.;

'::: ~':'~;'1~SecretaI)'

flli~lllIiii!l~I~!II!II~11l 3U"P4rtrnfln\ ul JUBlu'1I

. ~_l~I.-I_~;~~~~B~6

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Page 58: DEPARTMENT CICULAR SERIES OF 2010

"

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Republika ng PilipinasKAGAWARAN NG KATARUNGAN

Department of JusticeManila

LML-DC-12GlO-~

DEPARTMENT CIRCULAR No.

J~ly 12,2010

st-TO

SUBJECT

Undersecretaries and Assistant SecretariesAll Heads of Bureaus, Commissions and Officesunder the DepartmentChiefs of Service/Staff in the Office of the SecretaryAll Concerned

Executive Order No. 910 dated June 29, 2010 fromthe Office of the President

Attached is Executive Order No. 910 dated June 29, 20 I 0 from theOffice of the President entitled "Directing the Institutionalization underthe Development Academy of the Philippines an accreditation andequivalency program towards graduate degree for management anddevelopment-oriented training and related courses conducted bygovernment agencies and other public and interested private traininginstitutions, setting general guidelines, and providing funds therefor".

For information and guidance,

L1~~Secretary

II~Iilll ir~I!!!llli!I~I~llillll,111111Encl: As stated

~ _ C:\.i\1y Documents\Dept. ~ircular

~ OASEC:LMHIGLSlr6c"

.~

Page 59: DEPARTMENT CICULAR SERIES OF 2010

, . ,-,.1

Republika ng PilipinasKAGAWARANNG KATARUNGAN

Department of JusticeManila

LML-DC-22Q1().

--:.. •July 22, 2010

DEPARTMENT CIRCULAR NO. 5 5---TO

SUBJECT

Undersecretaries and Assistant SecretariesAll Heads of Bureaus, Commissions and Offices

under the DepartmentChiefs of Service/Staff in the Office of the Secretary

Guidelines Implementing Memorandum Circular No. 1from the Executive Secretary

Attached is a copy of Memorandum from the Executive Secretary,Paquito N. Ochoa, Jr. dated July 16, 2010 re: "Guidelines ImplementingMemorandum Circular No. I".

For information and guidance.

LEi~~Secretary

f

Copy furnished:All concerned.

C:\My Documents/D.C.OASHC:GL."i/PDC

II~II~ill~lil~~IIIIIIIIII!i~~1!llllllllllO••pllr1mOlnl oj JU6hctl

SL ML -10-0008546

Page 60: DEPARTMENT CICULAR SERIES OF 2010

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Republika ng PilipinasKAGAWARAN NG KATARUNGAN

Department of JusticeM.anila

jJuly 6,2010

DEPARTMENT CIRCULAR NO~ _-_~' 84TO

SUBJECT

All Official and Employees in the DepartmentProper including those in the Regional/ Provincial/City Prosecution Offices

All Heads of Bureaus, Commissions and Officesattached to the Department

Guidelines for Inclusion as Nominee/candidate tothe Training Programme for Young Leaders inJapan upon invitation of the Japan InternationalCooperation Agency (JICA)

/'

I. QUALIFICA nON REQUIREMENTS

1, Filipino citizens; .2, Twenty (20) to thirty-five (35) years of age;3. Directly engaged in the related category/field applied for;4. Physically and mentally fit;5, From the non-military sector;6. Should not have, in principle, stayed or visited Japan;7. Holder of valid passport (valid at least until August 2011)

Government employees must secure Official Passportupon acceptance;

8. Prefera,bly holder of a permanent position and hascornp}eteclat least two years of service as permanent; and

9. NO'pending application for scholarship under another studyprogram.

Page 61: DEPARTMENT CICULAR SERIES OF 2010

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, ..on preliminary investigation, inquest or reinvestigation and appeals regardless ofthe penalty.

C. UNDERSECRETARY LEAH C. TANODRA-ARMAMENTO

Resolutions on petitions for review of, or appeals from, the resolutions of theProsecutor General, Regional State Prosecutors, Provincial Prosecutors and CityProsecutors in Mindanao and the Resolutions issued by the respective CityProsecutors of the following National Capital Region Cities:

1. Makati2. Pasay3. Parafiaque4. Las Pifias5. Muntinlupa6. Taguig and Pateros

on preliminary investigation, inquest or reinvestigation and appeals regardless ofthe penalty.

D. PROSECUTOR GENERAL CLARO A. ARELLANO

Resolutions for the outright denial of the petitions for review of, or appealsfrom, the resolutions of the Regional State Prosecutors, Provincial and CityProsecutors on preliminary investigation, inquest or reinvestigation.

The Secretary of Justice shall be the sole signatory on all Resolutions inMotions for Reconsideration from resolutions issued by the abovenamedUndersecretaries and the Prosecutor General.

Nothing in this Department Circular shall diminish the authority of theSecretary of Justice to directly act on all petitions for review or appeals.

This Department Circular supersedes all issuances inconsistent herewith,takes effect immediately and shall remain in force until further orders.

:1

Copy furnished:All concerned.

Page 2 of2

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lJ••pnnm"hl 01 Ju.llco

S! MI,-10-0009072