DEPARTMENT

OF JUSTICE
•Administrative Code of 1987 (Executive Order
No. 292)
• Government's principal law agency: legal
representation in litigations before judicial and
quasi-judicial agencies

• Headed by the Secretary of Justice, assisted by

three (3) Undersecretaries and five (5) Assistant
Secretaries
Executive Offi ces of the DOJ:
Financial Service; Administrative
Service; Technical Staff ; Internal Audit
Service; Planning and Management
Service

 Offi ces directly under the DOJ:

National Prosecution Service; Offi ce for
Competition; Offi ce of Cybercrime
 Independent, but attached only for policy
and program coordination: Public Attorney’s
Offi ce; Offi ce of the Solicitor General; Offi ce for
Alternative Dispute Resolution

 Administrative Supervision: National Bureau

of Investigation; Bureau of Immigration; Bureau
of Corrections; Board of Pardons and Parole;
Parole and Probation Administration; Offi ce of
the Government Corporate Counsel; Land
Registration Authority; Presidential Commission
on Good Government
 Independent, but attached only for policy
and program coordination: Public Attorney’s
Offi ce; Offi ce of the Solicitor General; Offi ce for
Alternative Dispute Resolution

 Administrative Supervision: National Bureau

of Investigation; Bureau of Immigration; Bureau
of Corrections; Board of Pardons and Parole;
Parole and Probation Administration; Offi ce of
the Government Corporate Counsel; Land
Registration Authority; Presidential Commission
on Good Government
 POWERS & FUNCTIONS

Of the Secretary of Justice

Of the City Prosecutors
Of each Public Prosecutors
Duties of the assigned trial Public
Prosecutor
PROSECUTION
 CONSTITUTIONAL BASIS

Government’s prime duty is to serve and

protect the people (Sec. 4, Art. II, 1987
Consti tuti on)
State values the dignity of every human
person and guarantees full respect for human
rights (Secti on 11, Art. II, 1987 Consti tuti on)
The State shall guarantee equal access to
opportuniti es for public service (Secti on 26,
Art. II, 1987 Consti tuti on)
 CONSTITUTIONAL BASIS

The Bill of Rights (Art. III, 1987

Constitution)
Maintain honesty and integrity in the
public service and take positive and
effective measures against graft and
corruption (Section 27, Art. II of the
Constitution)
 CONSTITUTIONAL BASIS

 Accountable to the people, serve them

with utmost responsibility, integrity,
loyalty, and effi ciency, act with patriotism
and justice, and lead modest lives since
“Public offi ce is a public trust” (Section 1,
Art. XI of the Constitution)
 LAWS AS BASIS

The Revised Rules of Court of Criminal

Procedure (Section 5, Rule 110)
Presidential Decree No. 1275
Republic Act No. 10071
 PUBLIC
ATTORNEY
’S OFFICE
• R.A. NO. 9406: An Act Reorganizing and
Strengthening the Public Attorney’s Office,
Amending for the purpose pertinent
provision of E.O. No. 292, otherwise known
as the “Administrative Code of 1987”, as
amended, Granting Special Allowance to
PAO Officials and Lawyers, and Providing
Funds Therefor
 STRUCTURE OF THE PAO

• Headed by the Chief Public Attorney, assisted

by 2 Deputy Chief Public Attorneys - Deputy
Chief Public for Luzon, and Deputy Chief
Public for Visayas and Mindanao
• They are presidential appointees

PAO CENTRAL OFFICE : Administrative

Service; Financial Planning and Management
Service; Executive Support Staff ; Special
and Appealed Cases Service Legal Research
Service; and Field Operations and Statistics
Services
PAO CENTRAL OFFICE ORGANIZATIONAL
STRUCTURE

Chief Public Attorney (CPA)

Deputy CPA Visayas

Deputy CPA in Luzon and Mindanao

SACS Executive FOSS FPMS LRS

Service Service Service Service Service

Head Head Head Head Head
 PAO FIELD OFFICES

• There is a PAO Regional Offi ce for each

administrative region, headed by their
respective Regional Public Attorneys
• Each Regional Offi ce shall have such District
Offi ces as may be necessary, headed by their
respective District Public Attorneys

Regional Public Attorney (RPA)

Assistant Regional Public Attorney

District Public
Attorney
 R.A. NO. 9406 AND THE PAO
OPERATIONS MANUAL
principal law offi ce of the Government in extending
free legal assistance to indigent persons in criminal,
civil, labor, administrati ve and other quasi-judicial
cases

MERIT TEST
• in furtherance of justi ce, not intended merely to
harass or injure the opposite party

• Presumed meritorious: defendant or respondent in a

civil or administrati ve case; and defendant in criminal
acti ons
 R.A. NO. 9406 AND THE PAO
OPERATIONS MANUAL
INDIGENCY TEST

a. Resident of Metro Manila  individual net income

does not exceed P14,000.00 a month
b. Resident of other cities  net income does not
exceed P13,000.00 a month; and
c. Resident of other places  individual net income
does not exceed P12,000.00 a month

 Ownership of land is not a ground for

disqualifi cation of an applicant for free legal
assistance
 R.A. NO. 9406 AND THE PAO
OPERATIONS MANUAL
REQUIREMENTS FOR INDIGENCY:

1. Affi davit of lndigency; and

2. Submit ANY of the following documents:

a. Latest Income Tax Return or Payslip, or other proofs

of net income;
b. Certificate of Indigency from the DSWD, City Social
Welfare and Development Offi ce, or the Municipal
Social Welfare and Development Offi ce; or
c. Certificate of Indigency from the Punong Barangay
 STAGES OF PROCEEDINGS

a) Arraignment and Plea

b) Pre-Trial
c) Order of Trial
c.1) Presentati on of Prosecuti on Evidence
c.2) Presentati on of Defense Evidence
c.3) Rebutt al
c.4) Sur-Rebutt al
d) Reverse Trial
e) Judgment
f) Appeal
FACTORS THAT FACILITATE OR
DELAY THE DISPOSITION OF
CASES
PROCEEDINGS FACTORS / ISSUES

1. Inquest • Automatic conversion of inquest

Proceedings proceedings to preliminary investigation
(warrantless
arrests) • Despite the conduct of inquest
proceedings, still resort to preliminary
investigation to determine probable
cause

• Delay in the issuance of an Order of

Release, despite the lapse of the period
of detention under the Speedy Trial Act
 FACTORS THAT FACILITATE OR
DELAY THE DISPOSITION OF
CASES
2. Preliminary • Merely a formality. The investigating
Investigation prosecutor’s secretary issues a
resolution finding probable cause,
despite the failure to assess the
evidence at hand

• Investigating prosecutors merely

“copy” the offense charged by the
arresting officers

• Accused’s detention while the

dismissal of the complaint is pending
appeal
3. Issuance of a Warrant
of Arrest
 FACTORS THAT FACILITATE OR
DELAY THE DISPOSITION OF
CASES
5. Arraignment

6. Pre-Trial • Intervention of judges in the parties’

stipulation of facts. There are
instances when judges compel the
accused to stipulate on facts that are
detrimental to his defense

7. Trial • Absence or unavailability of the

accused or an essential witness

•Volume of cases handled by the

lawyers, which constrain them to file
motions for extension of time
 FACTORS THAT FACILITATE OR
DELAY THE DISPOSITION OF
CASES
7. Trial Judicial Affidavits that leave out
important details in the accused’s
defense

• Questions on interlocutory orders

• Delay in the receipt of summons

due to lack of court personnel

8. Promulgation of • Accused’s prayer for a new trial

Judgment
RELATIONSHIP AND DUTIES OF THE
PROSECUTOR

With the Litigant/Client/Private

Complainant
With the Court
With the Defense
RELATIONSHIP AND DUTIES OF THE
DEFENSE LAWYER (PAO)
With the Liti gant/Client/Accused

Public Att orney-client relati onship is formed once the

applicant qualifi es for the PAO services. How the PAO
lawyer formulates his/ her defense depends on the
client’s parti cipati on and stories.

At all ti me, the PAO lawyer must accused to keep the

latt er informed about the status of the case. The PAO
lawyer counsels the accused as to the latt er ’s rights,
strategy for presenti ng the best case and all applicable
defenses
RELATIONSHIP AND DUTIES OF THE
DEFENSE LAWYER (PAO)
With the Prosecutor

Prosecution and PAO lawyers work together,

rather than against each other. Despite
representing opposing interests in a case, the
lawyers work together for the proper
administration of justice.

For example, the PAO lawyer and the

prosecutor discuss plea agreements and go
over the legitimacy of evidence in a case
 PROBLEMS & RECOMMENDATIONS

In the Prosecutions’ Offi ce

With the Litigant/Client/Private
Complainant
With the Court
With the Defense/Accused
As to the issue on the determination of
Probable Cause