Department of Justice

Brief History
The Department of Justice traces its beginnings at the Revolutionary Assembly in Naic, Cavite on April 17, 1897.
The establishment of a regime of law was tasked to Don Severino delas Alas who headed the Department of
Grace and Justice. Shortly after the proclamation of Independence in Kawit, Cavite on June 12, 1898, President
Emilio Aguinaldo issued a decree on September 26, 1898 reorganizing the Department.

A year later, the American military force established the Office of the Attorney of the Supreme Court in place of
the Department. On June ll, 1901, the new office was renamed the Office of the Attorney General and on
September 1, 1901, the Office became the Department of Finance and Justice.

In the 1916 government reorganization, the Department became a separate entity and was given executive
supervision over all courts of first instance and other inferior courts.

Under the Japanese occupation, the Department was made a Commission. The civilian government established
by the Japanese in 1943 changed it to a Ministry. After the war in 1945, the Govemment of the Philippine
Commonwealth was re-established and the Department of Justice was re-activated. The Department continued
in this form under the Philippine Republic.

Presidential Decree No. 1 during Martial Law reorganized the Executive Branch of the national government.
Letter of Implementation No. 20 of December 31, 1972 organized the Department proper into the Office of the
Secretary, the Financial and Management Service, the Administrative Service, Technical StaftQ the Prosecution
Staff, the Legal Staff and the Judiciary Division; the Commission on Immigration and Deportation, the National
Bureau of Investigation, the Office of the Govemment Corporate Counsel; the Board of Pardons and Parole; the
Bureau of Prisons; and the Citizens Legal Assistance Office.

Under the 1973 Constitution, Department became a Ministry of Justice. The 1986 People Power Revolution
ushered in the contemporary Department of Justice.

With the adoption of the 1987 Constitution and the Administrative Code of 1987 (Executive Order No. 292),
the Department of Justice was named as the principal law agency of the Republic of the Philippines serving as
its legal counsel and prosecution arm.

Today, the DOJ continues to pursue its primary mission "To Uphold the Rule of Law" with its "Justice for All"
motto. The Office of the Secretary (OSEC) is composed of the National Prosecution Service, the Legal Staff, the
Administrative, Financial, Technical and Planning and Management Services and the Board of Pardons and
Parole. The constituent and attached agencies include the National Bureau of Investigation (NBI), Bureau of
Immigration (BI), Public Attomey’s Office (PAO), Office of the Solicitor General (OSG), Office of the Government
Corporate Counsel (OGCC), Bureau of Corrections (BuCOR), Parole and Probation Administration (PPA),
Presidential Commission on Good Government (PCGG) and the Land Registration Authority (LRA).
MENARDO I. GUEVARRA
Secretary of Justice
05 April 2018 - Present
Vision Mission
A just and peaceful society anchored on the Effective, efficient and equitable administration of
principles of transparency, accountability, fairness justice.
and truth.

Quality Policy

“The DOJ is committed to effective and efficient administration of justice”

As such, the DOJ shall undertake the following:
• Effective provision of services that will satisfy the needs of clients;
• Compliance with all applicable legal and regulatory requirements; and
• Regular evaluation of our risks and opportunities, feedback of clients and efficacy of the management system
for continual improvement.
Mandate

The Department of Justice (DOJ) derives its mandate primarily from the Administrative Code of 1987
(Executive Order No. 292). It carries out this mandate through the Department Proper and the Department's
attached agencies under the direct control and supervision of the Secretary of Justice.

Under Executive Order (EO) 292, the DOJ is the government's principal law agency. As such, the DOJ
serves as the government's prosecution arm and administers the government's criminal justice system by
investigating crimes, prosecuting offenders and overseeing the correctional system.

The DOJ, through its offices and constituent/attached agencies, is also the government's legal counsel
and representative in litigations and proceedings requiring the services of a lawyer; implements the Philippines'
laws on the admission and stay of aliens within its territory; and provides free legal services to indigent and
other qualified citizens.

Functions

1. 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).

2. 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.

The Secretary 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.

3. 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.

4. 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.

5. Provision of Free Legal Assistance

The DOJ provides free legal assistance/representation to indigents and poor litigants as well as other
qualified persons in criminal, civil, and labor cases, administrative and other quasi-judicial proceedings and
non-commercial disputes through the Public Attorney's Office (PAO)pursuant to RA No. 9406.

6. Alternative Dispute Resolution

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.

7. DOJ functions under other laws and other executive issuances:

In addition to performing its mandate under E.O. 292, the Department is significantly involved in the
implementation of the following penal, national security, and social welfare laws:
 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;

 Implementation of the Victims Compensation Program through the Board of Claims created under the
DOJ (RA 7309);

 Administrative Order No. 99 (1988), designated DOJ as lead implementor of Justice System
Infrastructure Program (JUSIP) that was tasked to construct/rehabilitate decent office buildings for
judges, prosecutors, public attorneys, probation officers, and registers of deeds;

 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 Comprehensive Dangerous Drugs Act of 2002 (RA 9165), which created the Dangerous Drugs
Boardto see to policy-making and strategy-formulation on drug prevention and control and designated
the Secretary or his representative as ex-officio 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 Human Security Act of 2007 (RA 9372) which created 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 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;

 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 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;

 Executive Order 53 (2011) amending EO No. 275 pursuant to the Special Protection of Children Against
Abuse, Exploitation, and Discrimination Act (RA 7610), designating the DOJ Secretary as the
Chairperson of the Committee for the Special Protection of Children;

 Anti-Child Pornography Act of 2009 (IRR of RA), designating the Secretary of Justice as member of Inter-
Agency Council Against Child Pornography that is tasked to coordinate, monitor and oversee the
implementation of Anti-Child Pornography Act;
  Cybercrime Prevention Act of 2012 (RA 10175), the Office of Cybercrime within the DOJ designated as
the central authority in all matters related to international mutual assistance and extradition;

 Executive Order 45 (2011), which designated the DOJ as competition authority that investigates all
cases involving violations of competition laws and prosecute violators to prevent, restrain and punish
monopolization, cartels and combinations in restraint of trade;

 Administrative Order 35 (2012), which designated the Secretary of Justice as Chairperson of the Inter-
Agency Committee on Extra-Legal Killings, Enforced Disappearances, Torture and Other Grave Violations
on the Right to Life, Liberty and Security of Persons, the body that undertakes inventory of cases
mentioned perpetrated by state and non-state forces;

 Memorandum Circular No. 68 (2014), creating an Inter-Agency Task Force to Strengthen the
Implementation of RA 8049 otherwise known as the Anti-Hazing Law, with the DOJ Secretary as
Chairperson. 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).

At present, the Department of Justice is headed by the Secretary of Justice, assisted by five (5) Undersecretaries
and five (6) Assistant Secretaries.

Under the Office of the Secretary are the following offices and services:

 Administrative Service
 Board of Pardons and Parole
 DOJ Action Center
 Financial Service
 Library Service
 Office of the Prosecutor General (National Prosecution Service)
 Office of the Chief State Counsel (Legal Staff)
 Planning and Management Service
 Technical Staff
 Office of Cybercrime
 Office for Competition
 Internal Audit Service
Prosecutors are assigned to each of the regions, provinces, and cities of the Philippines.

The Department Proper offices and services:

 National Prosecution Service

 Legal Staff
 Office for Competition
 Office of Cybercrime
 Planning and Management Service
 Financial Service
 Administrative Service
 Technical Staff
 Internal Audit Service

Attached agencies (for policy and program coordination):

 Public Attorney’s Office

 Office of the Solicitor General
 Office for Alternative Dispute Resolution

Constituent agencies/units:

 National Bureau of Investigation

 Bureau of Immigration
 Bureau of Corrections
 Board of Pardons and Parole
 Parole and Probation Administration
 Office of the Government Corporate Counsel
 Land Registration Authority

Administratively supervised:

 Presidential Commission on Good Government

Good morning everyone, we are going to present to you the Department of Justice in the Philippines.
Let’s start off with the logo. The DOJ logo/seal features three stars representing the three main
geographical islands of the Philippines; a scale symbolizing equality, which is balanced over a sword,
symbolic of authority in the dispensation of justice. These symbols are superimposed over a map of the
Philippines representing the country. The Latin maxim "Justitiae Pax Opus", meaning "Justice for All",
completes the logo and supports the rationale for DOJ's existence.

1. Department of Grace and Justice

September 26, 1898

2. Office of the Attorney of the Supreme Court

(A year later)

3. Office of the Attorney General

(June ll, 1901)

4. Department of Finance and Justice

(September 1, 1901)

In the 1916 government reorganization, the Department became a separate entity

and was given executive supervision over all courts of first instance and other inferior
courts.

Under the Japanese occupation, the Department was made a Commission. The
civilian government established by the Japanese in 1943 changed it to a Ministry.

5. Ministry of Justice

6. Department of Justice

With the adoption of the 1987 Constitution and the Administrative Code of 1987
(Executive Order No. 292), the Department of Justice was named as the principal law
agency of the Republic of the Philippines serving as its legal counsel and prosecution
arm.