Bureau of Jail Management and Penology

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Republic of the Philippines

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
BUREAU OF JAIL MANAGEMENT AND PENOLOGY
Juco Building, 144 Mindanao Avenue, Project 8, Quezon City
Trunklines: (+632) 927-6383; 453-1196
Email Address: [email protected] Website: www.bjmp.gov.ph
MEMORANDUM
TO : DIRECTORS OF DIRECTORATES
CHIEFS OF OFFICES
REGIONAL DIRECTORS
SUBJECT : Policy on Authority to Administer Oath of BJMP Officials
DATE :30 January 2012
I. REFERENCES:
1. Memorandum request for Legal Opinion dated 29 October 2011

2. Administrative Code of 1987
3. Republic Act No. 6733 "An Act To Amend Section 41, Title I, Book I Of
The Revised Administrative Code Of 1987."
4. Republic Act No. 6975" Department of the Interior and Local Government
Act of 1990."
5. PD 1184" Integrated National Police Personnel Professionalization Law of
1977."
PURPOSE:
To provide uniform policy on administering oath by BJMP Officials.
COVERAGE:
These policy guidelines shall apply to authorized BJMP personnel as herein

provided.
IV. DISCUSSIONS:
a. The precedent law on power to administer oath of a uniformed personnel

is embodied in Section 47 of PD 1184 which provides: Section 47. "Power to
Administer Oaths. Officers of the Integrated National Police from the rank
of police/fire lieutenant and above shall have the power to administer oath in
matters directly connected with the performance of their official duties.
Apparently, this provision includes personnel of the Office of Jail
Management and Penology the forerunner of the Bureau of Jail
Management and Penology.
b. The afore-quoted provision was subsequently amended by RA 6975 or the
"DILG Act of 1990" pertinent provisions of which reads: "Section 50. Power
to Administer Oaths. - Officials of the Commission who are appointed by
the President, as well as officers of the PNP from rank of inspector to
senior superintendent, shall have the power to administer oaths on matters
which are connected with the performance of their official duties."
Unfortunately, the amendatory law did not specifically include personnel
of the BJMP. However, it did not categorically prohibit the same from
administering oaths on matters related to the exercise of their official
functions.
c. Incidentally, EO 292 or the "Administrative Code of 1987" allowed certain

personnel of the Jail Bureau from administering oath. Sec 41 of EO 292
provides:Sec. 41. Officers Authorized to Administer Oath. - (1) The following
officers have general authority to administer oath: Notaries public, members of the
judiciary, clerks of courts, the Secretary of the either House of the Congress of the
Philippines, of departments, bureau directors, registers of deeds, provincial
governors and lieutenant-governors, city mayors, municipal mayors and any
other officer in the service of the government of the Philippines whose
appointment is vested in the President.(2) Oaths may also be administered by
any officer whose duties, as defined by law or regulation, require
presentation to him of any statement under oath.
d. Aptly, the above provision was subsequently amended by RA 6733

pertinent provisions of which reads:
Sec. 2. Officers Authorized to Administer Oath. — The following

officers have general authority to administer oaths: President;
Vice-President; Members and Secretaries of both Houses of the
Congress; Members of the Judiciary; Secretaries of Departments;
provincial governors and lieutenant-governors; city mayors;
municipal mayors; bureau directors; regional directors; clerks
of courts; registrars of deeds; other civilian officers in the public
service of the government of the Philippines whose appointments
are vested in the President and are subject to confirmation by the
Commission on Appointments; all other constitutional officers;
and notaries public."
V. SYNTHESIS:
a. After synthesizing the foregoing provisions and gleaning from the

provisions of PD 1184 and RA 6975, it is safe to conclude that only the
following personnel of the BJMP are allowed by law to administer oath:
i. Bureau Director or Chief, BJMP;

Regional Directors; and
Jail Commissioned Officers from the rank of Inspectors above whose
duties, as defined by law or regulation, require presentation to him
of any statement under oath, this includes, but is not limited to the
following:
a. Bureau Investigators, to include investigators assigned in jail, and
Prosecutors in the conduct of investigation or prosecution function;
b. Director, PRM and Chiefs, PRMD on matters concerning personnel
recruitment, appointment, promotion and retirement;
c. Legal/Hearing Officers in the performance of their official
functions; and,
d. Other Jail Commissioned Officers whose duties require
presentation to him of any statement under oath.
b. Moreover, it is noted with grave concern that some of our Officers

administer oath or documents in relation to criminal and civil cases of
personnel and inmates alike. Verily, the authority to administer oath of
BJMP Officials as embodied in this policy is applicable only to BJMP
concerns and in administrative discipline of personnel and inmates
provided that the subject matter is related to the exercise of their official
functions and not in criminal or civil cases.
c. Hence, may this policy serves as a caveat to our personnel not to

administer an oath if the same is not part of their duties and
responsibilities. In A.M. No. P-08-2567 promulgated by the Honorable
Supreme Court on October 30, 2009, respondents therein were held guilty
of abuse of authority, as well as of having violated Section 41 of the
Administrative Code of 1987, as amended by Republic Act No. 6733 for
notarizing documents or administering oaths on matters not related to the
exercise of their official functions.
VI. RECESSION:
All guidelines, policies and issuances which are inconsistent with or contrary to
this policy are hereby amended or modified accordingly.
VII. EFFECTIVITY
This policy shall take effect upon its approval.
ROSEN I) • M IAL, CESO III

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Republic of the Philippines

SUBJECT : Policy on Authority to Administer Oath of BJMP Officials

DATE :30 January 2012

1. Memorandum request for Legal Opinion dated 29 October 2011

To provide uniform policy on administering oath by BJMP Officials.

These policy guidelines shall apply to authorized BJMP personnel as herein

a. The precedent law on power to administer oath of a uniformed personnel

c. Incidentally, EO 292 or the "Administrative Code of 1987" allowed certain

d. Aptly, the above provision was subsequently amended by RA 6733

Sec. 2. Officers Authorized to Administer Oath. — The following

a. After synthesizing the foregoing provisions and gleaning from the

i. Bureau Director or Chief, BJMP;

b. Moreover, it is noted with grave concern that some of our Officers

c. Hence, may this policy serves as a caveat to our personnel not to

This policy shall take effect upon its approval.

ROSEN I) • M IAL, CESO III

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