OCP-Paraaque City

Head of Office: CP Amerhassan C. Paudac 3rd Floor, City Hall Building, San Antonio Valley I, Sucat, Paraaque City Tel: 826-8131, 825-4005 Email: ocpparanaque@doj.gov.ph

VISION A just and peaceful society anchored on the principles of transparency, accountability, fairness and truth.

MISSION

Towards the effective, efficient and equitable administration of justice.

MANDATE To uphold the rule of law by serving as the principal law agency of the government.

PLEDGE 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.

THE MANDATE OF THE DEPARTMENT OF JUSTICE 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 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 attached offices, 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; provides free legal services to indigent Filipinos; and settles land disputes between and among small landowners and indigenous cultural minorities.

ADMINISTRATION OF THE CRIMINAL JUSTICE SYSTEM

The DOJ investigates the commission of crimes and prosecutes offenders through the National Bureau of Investigation (NBI) and the National Prosecution Service (NPS), respectively. Likewise, the DOJ administers the probation and correction system of the country through the Bureau of Corrections (BuCor), the Board of Pardons and Parole (BPP) and the Parole and Probation Administration (PPA).

LEGAL COUNSEL OF GOVERNMENT

The DOJ, through the Office of the Solicitor General (OSG) and the Office of the Government Corporate Counsel (OGCC), 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.

EO 292 specifically designates the Secretary as Attorney-General and ex-officio legal adviser of government-owned or controlled corporations (GOCC) and their subsidiaries. The Secretary exercises administrative adjudicatory powers over all controversies between/among government agencies, including government owned and controlled corporations including their subsidiaries. This power of adjudication of the Secretary originally stemmed from Presidential Decree No. 242, and is now embodied in Sections 66 to 71, Chapter 14, Book IV of E.O. 292.

He is likewise empowered to act on all queries and/or requests for legal advice and guidance from private parties and other officials and employees of the government.

REGULATION OF IMMIGRATION

The DOJ 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). Also, under Administrative Order No. 142 dated August 23, 1994, the Secretary or his duly-authorized representative is

authorized to act on immigration matters, including waiver of visas and admission of aliens, except deportation matters.

Likewise, the DOJ, through the DOJ Refugee Processing Unit (DOJ-RPU), processes applications for refugee status of persons pursuant to the obligations of the Philippines as signatory to the 1951 Convention and 1967 Protocol relating to the Status of Refugees.

INTERNATIONAL COOPERATION

The DOJ is 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. Moreover, under Philippine Extradition Law (P.D. 1069), the DOJ handles requests for extradition and/or mutual legal assistance and represents treaty partners in Philippine courts.

The Department is also involved in the negotiation of various investment and trade agreements with other foreign countries. The Secretary is also the ex-officio Co-Vice Chairman of the Commission on Maritime and Ocean Affairs (CMOA) pursuant to EO 612 and EO 612-A (2007), which is involved in the identification of the Philippine baselines and in the preparation of the submission to the United Nations of the country's claim for extended continental shelf.

PROVISION OF FREE LEGAL ASSISTANCE

The DOJ provides free legal assistance/representation to indigents and poor litigants in criminal, civil, and labor cases, administrative and other quasi-judicial proceedings and non-commercial disputes through the Public Attorney's Office (PAO).

ALTERNATIVE DISPUTE RESOLUTION

With regard to conciliation and mediation, 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.

DOJ FUNCTIONS UNDER OTHER LAWS

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:

The Human Security Act of 2007 (RA 9372) which created the and designated the Secretary as ex-officio member thereof. Relative to this and under EO 292, the Secretary is also an ex-officio member of the National Security Council (NSC), which advises the President with respect to the integration of domestic, foreign, military, political, economic, social, and educational policies relating to national security.

The Juvenile Justice and Welfare Act of 2006 (R.A. 9344) which created the Juvenile Justice and Welfare Council (JJWC) and which attached said council to the DOJ for administrative supervision.

The Anti-Trafficking in Persons Act of 2003 (R.A. 9208), which mandates the prosecution of persons accused of human trafficking and for that purpose, created the Inter-Agency Council on Trafficking (IACAT), of which the Secretary is Chairman.

The Comprehensive Dangerous Drugs Act of 2002 (RA 9165), which created the Dangerous Drugs Board to see to policy-making and strategy-formulation on drug prevention and control and designated the Secretary or his representative as exofficio member of such Board.

The Anti-Money Laundering Act of 2001 (R.A. 9160), which created the Anti-Money Laundering Council (AMLC) to which the DOJ is a support agency through the investigation of money laundering offenses and the prosecution of offenders. With the DOJ Anti-Money Laundering Desk (DOJ-AMLD), the DOJ works in close

coordination with the AMLC in its task of combating money laundering and financing of terrorism.

The Witness Protection, Security and Benefit Act (R.A. 6981), which mandates the DOJ to formulate and implement a Witness Protection, Security and Benefit Program for the admission and protection of witnesses.

The Anti-Violence Against Women and Their Children Act of 2004 (RA 9262), which designated the Department as a member agency of the Inter-Agency Council on Violence Against Women and their Children (IACVAWC), the monitoring body of government initiatives to counter violence against women and children.

The Rape Victim Assistance and Protection Act of 1998 (RA 8505), which mandated the DOJ to participate in inter-agency efforts to establish Rape Crisis Centers in every city or province for the purpose of rendering assistance to rape victims.

Administrative Order 211 (2007), which designated the DOJ as a member agency of the Task Force Against Political Violence tasked to undertake the prevention, investigation, prosecution and punishment of political violence.

Executive Order 180 (1987), which created the Public Sector Labor Management Council, of which the Secretary is a member, to provide guidelines for the exercise of the right of government employees to organize.

The Special Protection of Children Against Abuse, Exploitation, and Discrimination Act (RA 7610). Pursuant to the said law, Executive Order 275 (1995) designated the Secretary as the Chairman of the Special Committee for the Protection of Children.

Other tasks falling within the multifarious duties of the executive branch to administer the laws devolve upon the Department through the Secretary, to wit:

The Anti-Dummy Law (Commonwealth No. 108), as amended by Presidential Decree 715, whereby the Secretary is empowered to authorize the employment of aliens as

technical personnel in the management of a franchise, business or enterprise expressly reserved by law to Filipino citizens or corporations or associations whose equity at least 60% of which is owned by Filipinos;

The Local Government Code (Section 187 of RA 7160) which vests in the Secretary appellate jurisdiction over the constitutionality or legality of municipal tax ordinances and revenue measures;

Executive Order 643 (2007) which vests the DOJ with administrative supervision over the Presidential Commission on Good Government (PCGG).

The Secretary is also an ex-officio member of the Judicial and Bar Council (JBC), [Section 8(1), Article VIII of the 1987 Constitution], the Committee on Privatization [AO 48 (1987)], and the National Water Resources Board (NWRB) (EO 123, series of 2002). He is also an ex-officio director of the Power Sector Assets and Liabilities Management (PSALM) Corporation (RA 9136, otherwise known as Electric Power Industry Reform Act of 2001). Under EO 648, series of 1981, an undersecretary of the DOJ is designated as an ex-officio Commissioner of the Housing and Land Use Regulatory Board (HLURB).