Relative to Part XXI on Administration of Justice and Other Pertinent Provisions of the Integrated Reorganization Plan
Letter of Implementation No. 20, issued on December 31, 1972, directs the Secretary of Justice to execute the provisions of Part XXI regarding the Administration of Justice as part of the Integrated Reorganization Plan established by Presidential Decree No. 1. It outlines the organizational structure of the Department of Justice, detailing its various divisions, including the Office of the Secretary, Prosecution Staff, Legal Staff, and other bureaus such as the National Bureau of Investigation and the Land Registration Commission. The letter also specifies the functions and responsibilities of these entities, emphasizing the need for efficient administration, supervision, and execution of justice-related matters. Furthermore, it includes provisions for staffing, budget reallocation, and transitional measures to ensure a smooth implementation of the reorganizational changes.
Quick Answers
- What is Relative to Part XXI on Administration of Justice and Other Pertinent Provisions of the Integrated Reorganization Plan about?
- Letter of Implementation No. 20, issued on December 31, 1972, directs the Secretary of Justice to execute the provisions of Part XXI regarding the Administration of Justice as part of the Integrated Reorganization Plan established by Presidential Decree No. 1. It outlines the organizational structure of the Department of Justice, detailing its various divisions, including the Office of the Secretary, Prosecution Staff, Legal Staff, and other bureaus such as the National Bureau of Investigation and the Land Registration Commission. The letter also specifies the functions and responsibilities of these entities, emphasizing the need for efficient administration, supervision, and execution of justice-related matters. Furthermore, it includes provisions for staffing, budget reallocation, and transitional measures to ensure a smooth implementation of the reorganizational changes.
- What type of law is Letter of Implementation No. 20?
- Relative to Part XXI on Administration of Justice and Other Pertinent Provisions of the Integrated Reorganization Plan (Letter of Implementation No. 20) is a Philippine Presidential Issuances enacted by the Congress of the Philippines.
- When was Relative to Part XXI on Administration of Justice and Other Pertinent Provisions of the Integrated Reorganization Plan enacted?
- Relative to Part XXI on Administration of Justice and Other Pertinent Provisions of the Integrated Reorganization Plan (Letter of Implementation No. 20) was enacted on Dec 31, 1972.
- What is the citation for Relative to Part XXI on Administration of Justice and Other Pertinent Provisions of the Integrated Reorganization Plan?
- Relative to Part XXI on Administration of Justice and Other Pertinent Provisions of the Integrated Reorganization Plan, Letter of Implementation No. 20, Dec 31, 1972 (Philippines)
Law Information
- Reference Number
- Letter of Implementation No. 20
- Date Enacted
- Category
- Presidential Issuances
- Subcategory
- Letters of Implementation
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
December 31, 1972
LETTER OF IMPLEMENTATION NO. 20
RELATIVE TO PART XXI ON ADMINISTRATION OF JUSTICE AND OTHER PERTINENT PROVISIONS OF THE INTEGRATED REORGANIZATION PLAN
| TO | : | The Secretary |
| Department of Justice | ||
| Manila |
Pursuant to Presidential Decree No. 1, dated September 24, 1972, Reorganizing the Executive Branch of the National Government, you are hereby directed to implement Part XXI on Administration of Justice and other pertinent provisions of the Integrated Reorganization Plan, hereinafter referred to as the "Plan," prepared by the Commission on Reorganization as follows:
ORGANIZATION OF THE DEPARTMENT OF JUSTICE
SECTION 1. The organization and functions of the Department of Justice, hereinafter referred to as the "Department," shall be in accordance with the provisions of Part XXI and other pertinent provisions of the Plan and the details contained in this Letter of Implementation.
SECTION 2. The organization of the Department, as graphically depicted in the following organization chart, shall consist of the Department proper composed of the immediate Office of the Secretary, the Financial and Management Service, the Administrative Service, the Technical Staff, the Prosecution Staff, the Legal Staff and the Judiciary Division; the Office of the Solicitor General; the Land Registration Commission; the Commission of Immigration and Deportation; the National Bureau of Investigation; the Office of the Government Corporate Counsel; the Board of Pardons and Parole; the Bureau of Prisons; and the Citizens Legal Assistance Office.
RELATIONSHIPS BETWEEN THE DEPARTMENT PROPER, BUREAUS, OFFICES, COMMISSIONS AND COURTS
SECTION 3. The Office of the Secretary shall have direct line supervision and control over the bureaus, offices, and commissions under the Department: Provided, That the decisions and resolutions of the Land Registration Commission and the Board of Commissions of the Commission of Immigration and Deportation rendered in the exercise of their quasi-judicial functions shall not be subject to review by the Secretary. It shall exercise general administrative supervision over the various courts of justice below the Court of Appeals, exercise direct supervision and control over provincial and city fiscals and other duly designated prosecuting officers.
SECTION 3.1. The Bureaus of the Department shall be essentially line in character and as such shall exercise supervision and control over all divisions and other units including regional offices. They shall be primarily involved in the direct implementation of programs adopted within the context of Department policies and plans. In the exercise of their functions, they shall be directly responsible to the Secretary and shall receive proper technical guidance from the staff services of the Department proper.
SECTION 3.2. The regional offices shall constitute the operating arms of the bureaus, and shall exercise supervision and control over their respective district offices. In the exercise of their functions, the regional offices shall be directly responsible to the Bureau Director and shall receive proper technical guidance from the staff divisions of the Bureau.
FUNCTIONAL STATEMENTS OF THE DEPARTMENT OF JUSTICE
SECTION 4. In conformity with the above set of functional relationships, the functions, powers, duties, and responsibilities of the various units of the Department shall be as follows:
OFFICE OF THE SECRETARY
SECTION 5. The Office of the Secretary shall consist of the Secretary of Justice, one Undersecretary of Justice except as may otherwise be provided pursuant to Presidential Decree No. 1-B dated November 1, 1972, and the personnel in their immediate offices. It shall be responsible for the adoption and promulgation of rules and regulations necessary to carry out departmental policies and objectives, and for exercising general supervision and control over the bureaus and offices of the Department.
Functions of the Secretary
SECTION 5.1. The functions of the Secretary shall be as follows:
1. Advise the President in the promulgation of executive orders, regulations, and decrees relative to matters under the jurisdiction of the Department;
2. Establish the policies and standards for the operation of the Department pursuant to the President's program of government;
3. Promulgate rules and regulations necessary to carry out Department objectives, policies, and functions;
4. Exercise supervision and control over all bureaus and offices under the Department;
5. Delegate authority for the performance of any function to officers and employees under his direction;
6. Serve as ex-officio legal adviser of all government-owned or controlled corporations; and
7. Perform such other functions as may be provided by law or assigned by the President.
Functions of the Undersecretary
SECTION 5.2. The functions of the Undersecretary shall be as follows:
1. Advise and assist the Secretary in the formulation and implementation of Department objectives and policies;
2. Oversee all the operational activities of the Department for which he shall be responsible to the Secretary;
3. Coordinate the programs and projects of the Department, and be responsible for their economical, efficient, and effective administration;
4. Serve as deputies to the Secretary in all matters relating to the operations of the Department; and
5. Perform such other functions as may be provided by law or assigned by the Secretary.
SECTION 5.3. When the Secretary is unable to perform his duties owing to illness, absence, or other causes, as in case of vacancy in the office, the Undersecretary shall temporarily perform the functions of said Office.
FUNCTIONS OF THE FINANCIAL AND MANAGEMENT SERVICE
SECTION 6. The Financial and Management Service shall be responsible, among others, for providing the department with staff advice and assistance on budgeting, internal auditing, management improvement and financial matters. It shall have a Budget Division, an Accounting Division, and a Management Division.
Functions of the Budget Division
SECTION 6.1. The Budget Division shall have the following functions, among others:
a. Develop and improve budgetary methods, procedures, and justifications;
b. Provide, subject to budgetary ceilings, fund estimates in support of the department's operations, plans and programs;
c. Assist management in the presentation of the department's budgetary estimates before administrative and legislative bodies;
d. Provide technical assistance to subordinate budget units in the application and utilization of budgetary methods and the budget system;
e. Prepare annual financial work plans;
f. Allocate, in coordination with the Planning Service available funds to programs on the basis of approved guidelines and priorities;
g. Issue allotment advice in support of the fund requirement for the conduct of the operations under each program;
h. Review performance reports to determine conformance with set standards;
i. Prepare financial reports for management guidance and as required by higher authorities; and
j. Perform such other functions as may be provided by law.
Functions of the Accounting Division
SECTION 6.2. The Accounting Division shall have the following functions, among others:
a. Advise management on financial matters;
b. Prepare and submit financial reports to management and other government departments and agencies authorized to receive such reports;
c. Maintain basic and subsidiary accounting records and books of accounts to reflect accurate and current financial information required by existing auditing rules and regulations and by management;
d. Certify to the availability of funds, obligate funds, and issue treasury warrants to liquidate obligations;
e. Process requisitions, vouchers and reports of collections and disbursements;
f. Prepare billings to debtors of the National Government; and
g. Perform such other functions as may be provided by law.
Functions of the Management Division
SECTION 6.3. The Management Division shall have the following functions, among others:
a. Develop plan and program objectives relative to management improvement in the department;
b. Examine the administrative organization of the department and make recommendations for improvement;
c. Maintain and update the department's organization and other manuals;
d. Undertake regular management surveys of organizational structure, manpower, and operations; study special problems as assigned; review existing methods, procedures, and systems; and make recommendations for improvement;
e. Develop new and improved management system; exercise staff supervision over the implementation of such improvements; and provide training in the use of the system;
f. Develop staffing standards and manpower requirements for the department;
g. Review internal control systems for safeguarding money and property to ascertain weaknesses and deficiencies requiring correction; and
h. Perform such other functions as may be provided by law.
FUNCTIONS OF THE ADMINISTRATIVE SERVICE
SECTION 7. The Administrative Service shall be responsible, among others, for personnel, general services and public information functions of the Department. It shall have a Personnel Division, a General Services Division, and an Information Division.
Functions of the Personnel Division
SECTION 7.1. The Personnel Division shall have the following functions, among others:
a. Advise management on personnel policy and administration;
b. Develop and administer a personnel program which shall include selection and placement, classification and pay, career and employee development, performance rating, employee relations and welfare services;
c. Act on all matters concerning attendance, leaves of absence, appointments, promotions, transfers and other personnel transactions;
d. Conduct training programs in the department;
e. Provide medical services pursuant to the provisions of R.A. 1054;
f. Maintain personnel records and statistics; and
g. Perform such other functions as may be provided by law.
Functions of the General Services Division
SECTION 7.2. The General Services Division shall have the following functions, among others:
a. Provide policy guidance on the maintenance and disposition of records and on the procurement and storage of supplies in accordance with government prescribed standards;
b. File and maintain necessary records and establish a records disposition program for the department;
c. Provide mail, transportation, custodial, and general utility services for the department;
d. Procure, store and distribute supplies and equipment of the department, and conduct periodic inventories of the same;
e. Provide and coordinate messengerial, duplicating and typing pool services;
f. Receive, collect and deposit cash, prepare payrolls and process vouchers for payment of the department obligations; and
g. Perform such other functions as may be provided by law.
Functions of the Information Division
SECTION 7.3. The Information Division shall have the following functions, among others:
a. Develop programs to have the policies, plans and activities of the department properly understood by the public;
b. Produce and disseminate media materials to implement the information program of the department;
c. Coordinate with the Department of Public Information; and
d. Perform such other functions as may be provided by law.
FUNCTIONS OF THE TECHNICAL STAFF
SECTION 8. The Technical Staff shall perform the following functions, among others:
a. Assist the Secretary in the performance of his duties as Department Head involving the exercise of his power of control, direction and/or supervision over bureaus, commissions and offices under the Department of Justice and those devolving upon him as chairman or member of various boards, interdepartmental committees and other ad hoc bodies;
b. Review administrative cases filed against personnel of bureaus and offices under the Department except those involving the courts and prosecution service; and
c. Perform such other functions as may be provided by law.
FUNCTIONS OF THE PROSECUTION STAFF
SECTION 9. The Prosecution Staff shall have the following functions, among others:
a. Aid the Secretary in the exercise of his powers of general supervision and control over all provincial and city fiscals and other prosecuting officers throughout the country;
b. Investigate administrative charges against fiscals, other prosecuting officers and their subordinate personnel;
c. Conduct the investigation and prosecution of important cases like rebellion, sedition, cases of graft and corruption and fraudulent transaction in government-owned or controlled corporation, violations of the anti-dummy and related nationalization laws;
d. Prepare legal opinions on queries involving violations of the Revised Penal Code and other special penal laws;
e. Review appeals from the action of fiscals and other prosecuting officers on criminal cases handled by them; and
f. Perform such other functions as may be provided by law.
FUNCTIONS OF THE LEGAL STAFF
SECTION 10. The Legal Staff shall, among others, assist the Secretary in the performance of his duties as Attorney General of the Government and as ex-officio legal adviser of government-owned and controlled corporations and entities. It shall prepare written legal opinions in pursuance of the Department's function of providing advice to the President, the presiding officers of both houses of Congress, the heads of executive departments, and the chiefs of bureaus and offices, upon any question of law arising in the performance of their functions.
In addition, the Staff shall have the following functions, among others:
a. Study all laws relating to trusts, monopolies and combinations and draft such legislation as may be necessary to up-date or revise existing laws to enable the Government to deal more effectively with monopolistic practices and all forms of trusts and combinations in restraint of trade or free competition and/or tending to bring about non-competitive prices of articles of prime necessity;
b. Investigate all cases involving violations of such laws; and initiate and take such preventive or remedial measures, including appropriate judicial proceedings, to prevent or restrain monopolization and allied practices or activities of trusts, monopolies and combinations; and
c. Perform such other functions as may be provided by law.
FUNCTIONS OF THE JUDICIARY DIVISION
SECTION 11. The Judiciary Division shall assist the Secretary in the exercise of his power of general administrative supervision over Courts of First Instance and other courts of equivalent rank and city and municipal courts. It shall have the following functions, among others:
a. Examine the administrative methods and procedures employed in the office of the clerks of court and other offices relating to and serving the courts, and make suggestions on necessary improvement;
b. Collect and compile statistical data and other information on the judicial work of the courts and on the work of other offices related to and serving the courts, and publish periodic reports with respect thereto;
c. Examine the state of the dockets, secure information as to the courts' need of assistance, and make suggestions or take appropriate steps to expedite litigation;
d. Prepare and submit budget estimates of appropriations necessary for the maintenance and operation of the courts under the general administrative supervision of the Department;
e. File requests for permission to spend funds appropriate, for the courts under the general administrative supervision of the Department and approve all Vouchers for the expenditure of such funds;
f. Secure and maintain accommodations, and purchase, exchange and distribute equipment and supplies for the judges, clerks, and other officers and employees of the courts supported by national appropriations;
g. Collect and compile statistical data and other information on the expenditures and receipts of the courts and related offices and publish periodic report;
h. Consult with and assist the clerks of court and other officers and employees of the courts and offices related to and serving the courts;
i. Investigate complaints with respect to the operation of the courts and make such recommendations as may be appropriate;
j. Prepare and publish an annual report on the work of the courts and on the activities relating to court operation;
k. Require periodic court reports with a view to keeping abreast of the docket situation and immediately detecting signs of developing congestion in particular courts;
l. Publish and distribute a court journal for the purpose of clarifying court administration procedure and otherwise promoting the exchange of ideas on court management and operation with a view to improving the efficiency of judges;
m. Organize and arrange periodic conventions among the court staff to promote the free and constructive discussion of court procedures; and
n. Perform such other functions as may be provided by law.
FUNCTIONS OF THE OFFICE OF THE SOLICITOR GENERAL
SECTION 12. The Office of the Solicitor General shall, among others, act for and represent the Government, its officers and agents in any official investigation, proceeding, or matter requiring the services of a lawyer; and assist and attend any legislative committee conducting any investigation ordered by the Congress or any of the Houses thereof, upon the request of the President or any of the Houses.
In addition, the Office of the Solicitor General shall have the following functions, among others:
a. Prepare upon order of the President or upon request of other officers of the National Government, drafts of contracts, forms or other writings needed for official use;
b. Represent the Government of the Philippines in the Supreme Court in all civil actions and special proceedings in which the Government or any officer thereof in his official capacity is a party;
c. Prosecute or defend in the Supreme Court, except as otherwise specifically provided, all cases in which a province may be a part;
d. Institute and prosecute, at the instance of the President of the Philippines or other proper officer of the National Government, actions on bonds or contracts in which the Government is interested, upon breach thereof;
e. Pursue the collection of any claim or judgment in favor of the Government outside of the Philippines for which he may, with the approval of the President of the Philippines, employ counsel to assist in such collection;
f. Formulate the policies of the Office and initiate plans and programs relating to the handling of cases for the government, its officers and agents;
g. Assist or act as chairman or member of any investigating body when so designated by the President or the Secretary of Justice;
h. Head the United States Military Base Expansion projects specifically organized to take steps towards the acquisition, through purchases or expropriation, of real estates and improvement thereon on behalf of the United States Government in pursuance of the Military Bases Agreement between the Government of the United States and of the Republic of the Philippines; and
i. Perform such other functions as may be provided by law.
The Office, as graphically depicted in the following organization chart, shall have an Administrative and Financial Division, a Legal Staff, and a Docket Division with corresponding duties and responsibilities, as follows:
Functions of the Administrative and Financial Division
SECTION 12.1. The Administrative and Financial Division shall have the following functions, among others:
a. Provide well-planned and coordinated services relating to personnel, records, library, supplies and equipment, collection and disbursement, as well as provide staff advice and assistance.
[Organization Chart I: Office of the Solicitor General]
on budgetary and financial matters;
b. Act on all matters concerning attendance, leaves of absence, appointments, promotions, transfers and other personnel transactions;
c. Maintain personnel records and statistics;
d. Provide policy guidance on the maintenance and disposition of records and on the procurement and storage of supplies in accordance with government prescribed standards;
e. Assist management in the presentation of the office budgetary estimates before administrative and legislative bodies; and
f. Perform such other functions as may be provided by law.
Functions of the Legal Staff
SECTION 12.2. The Legal Staff shall have the following functions, among others:
a. Assist the Solicitor General in handling all government cases and legal matters referred to the Office that may be assigned to them from time to time;
b. Conduct disbarment proceedings and other administrative investigations involving key officers of the Department of Justice or officers of other departments when ordered by the President;
c. Prepare briefs, memoranda and pleadings in connection with cases handled;
d. Render staff and other assistance to the Solicitor General as Head of the State Military Base Expansion Projects; and
e. Perform such other functions as may be provided by law.
Functions of the Docket Division
SECTION 12.3. The Docket Division shall have the following functions, among others:
a. Receive and keep records of all court cases handled by the Office;
b. Keep up-to-date calendar of hearings, trials and investigations conducted by the Office; and
c. Perform such other functions as may be provided by law.
FUNCTIONS OF THE LAND REGISTRATION COMMISSION
SECTION 13. The Land Registration Commission shall, among others, be responsible for the registration of properties and related activities, issuance of decrees of registration, registration of deeds and issuance of land titles for both public and private lands, distribution of titles and dissemination of information in rural areas; assist the Fourth Branch of the Court of First Instance of Manila in land registration cases and other courts in the adjudication of cadastral lots; and perform such other functions as may be provided by law.
The Commission as graphically depicted in the following organization chart, shall have an Administrative Division, a Financial and Management Division, an Original Registration Division, a Docket Division, an Inspection and Investigation Division, a Division of Registered Lands, a Field Services Division, a Law Division and a Clerks of Court Division with corresponding duties and responsibilities, as follows:
Functions of the Administrative Division
SECTION 13.1. The Administrative Division shall have the following functions, among others:
a. Direct and supervise administrative and other support activities of the Commission;
[Organization Chart II: Land Registration Commission]
b. Take charge of personnel program of the Commission such as employee recruitment, selection, promotions, transfers, administration of fringe benefits, position classification, and employee relations;
c. Serve as clearing center of all official communications whether incoming or outgoing, maintain a records filing system, provide messengerial and mailing services;
d. Acquire and issue the required supplies, materials, and equipment for the Commission, and store and maintain the same; provide janitorial and security services; and maintain an accurate account of the fixed assets of the Commission; and
e. Perform such other functions as may be provided by law.
Functions of the Financial and Management Division
SECTION 13.2. The Financial and Management Division shall have the following functions, among others:
a. Prepare the annual and special budgets of the Commission, give technical advice on fiscal matters, prepare and submit performance and fiscal reports; and control allotments and obligations;
b. Maintain and keep books of accounts of the Commission; submit financial statements and reports; ascertain and certify to the correctness of vouchers, journals, bills; certify to the availability of funds and/or allotments;
c. Prepare payrolls, vouchers and treasury warrants; verify and pay salaries, overtime pay, treasury warrants and vouchers for traveling expenses; compute and deduct insurance premiums, government taxes and other payroll deductions;
d. Supervise the bookkeeping work of the Commission; ascertain that all the transactions have been properly recorded in the books; prepare correspondence on bookkeeping matters;
e. Undertake regular management studies of the Commission's organization structure, manpower, and operations; review existing methods, procedures, and systems; and make recommendations for improvement; and
f. Perform such other functions as may be provided by law.
Functions of the Original Registration Division
SECTION 13.3. The Original Registration Division shall have the following functions, among others:
a. Examine applications for registration of land and the accompanying PSU plans and technical descriptions of the land;
b. Provide platting of plans filed in land registration cases;
c. Prepare technical reports to the corresponding courts on discrepancies or errors in the applications for registration;
d. Require appearance of officials in courts on questions affecting original land registration;
e. Issue certifications that lands applied for registration are not covered by patents;
f. Assist courts in the adjudication of cadastral lots;
g. Issue decrees of registration; and
h. Perform such other functions as may be provided by law.
Functions of the Docket Division
SECTION 13.4. The Docket Division shall have the following functions, among others:
a. Provide and maintain a systematic and centralized recording of all land registration applications and petitions for cadastral proceedings filed in the different Courts of First Instance throughout the Philippines, pursuant to the provisions of Act 496, as amended, and Act 2259, as amended;
b. Take charge of the custody and safekeeping of all records transmitted to the Commission by the Courts of First Instance in connection with proceedings had in said courts, leading to the issuance of decrees of registration in all land registration and cadastral cases;
c. Publish in the Official Gazette notices of initial hearing of land registration and cadastral cases, as well as the serving and posting of said notices; and
d. Perform such other functions as may be provided by law.
Functions of the Inspection and Investigation Division
SECTION 13.5. The Inspection and Investigation Division shall have the following functions, among others:
a. Investigate complaints and reports against Registers of Deeds and employees in the Registry of Deeds and the Central Office;
b. Supervise, in behalf of the Commissioner, Registries of Deeds and their branches;
c. Prepare memoranda of instructions, circulars, rules, regulations, and opinions to Registers of Deeds;
d. Inspect Registries of Deeds;
e. Give necessary briefing to new Registers of Deeds;
f. Prepare answers to legal queries from, and counseling and advice to, private parties with registration problems;
g. Supervise the distribution of titles and dissemination of information in the rural areas; and
h. Perform such other functions as may be provided by law.
Functions of the Division of Registered Lands
SECTION 13.6. The Division of Registered Lands shall have the following functions, among others:
a. Examine, verify and recommend for the approval of all subdivision and/or consolidation plans of private-owned registered lands submitted to the Commission pursuant to R.A. 440;
b. Examine and verify all plans duly approved by the Bureau of Lands referred by the Clerks of Court Division;
c. Examine, verify and compute all technical descriptions referred by the Clerks of Court Division pursuant to Section 112 of Act 496 and Sections 12 and 21 of R.A. 26; and
d. Perform such other functions as may be provided by law.
Functions of the Field Services Division
SECTION 13.7. The Field Services Division shall have the following functions, among others:
a. Undertake ocular inspection of subdivisions to ascertain whether the sub-lots have been fully monumented as portrayed in the plan submitted;
b. Check compliance by applicants with existing subdivision regulations as to general layout, zoning, required open spaces for community use, access roads and street widths, frontages, sizes and areas of lots, and lawn on subdivisions in coordination with the Division of Environmental Planning, Department of Local Government and Community Development, District and City Engineers, and local councils concerned;
c. Verify the correctness and precision of resurveys and relocation survey plans preparatory to the approval of the Commission;
d. Undertake relocation surveys and resurveys, in compliance with court orders, to determine boundaries of registered properties involved in cases brought to court.
e. Perform such other functions as may be provided by law.
Functions of the Law Division
SECTION 13.8. The Law Division shall have the following functions, among others:
a. Act as legal counsel of the Commission, including Registers of Deeds, throughout the Philippines;
b. Conduct researches on issue involved in consultas and prepare legal memoranda containing facts and recommendations thereon to serve as basis for the resolution of the Commission;
c. Prepare decisions constituting the resolutions to consultas for the approval and signature of the Commissioner;
d. Study and answer legal queries;
e. Prepare pleadings and represent the Commission and Registers of Deeds in Court;
f. Prepare bills to be presented to Congress affecting land registration and to improve laws and methods in land registration;
g. Prepare circulars for dissemination to employees and Registers of Deeds and Clerks of Court;
h. Conduct administrative investigation, including the review of administrative charges against employees of the Commission;
i. Perform legal work or special assignments which are given from time to time by the Commissioner and the Assistant Commissioner; and
j. Perform such other functions as may be provided by law.
Functions of the Clerks of Court Division
SECTION 13.9. The Clerks of Court Division shall have the following functions, among others:
a. Receive and examine all applications for original registration of land situated in the City of Manila, as well as motions, and petitions filed after original registration under the provisions of Act No. 496 and other allied laws;
b. Attend to the hearing of all land registration cases before the Court of First Instance of Manila, Branch IV;
c. Perform the functions and duties of the Clerk of Court in matters relating to registration of land in the City of Manila;
d. Supervise and inspect offices of Clerks of Court in the provinces and cities other than Manila in matters relating to registration of land;
e. Receive, examine, and set for hearing all consultas under the provisions of Section 4 of Republic Act No. 1151;
f. Attend the hearing of all consultas before the Commissioner of Land Registration, and perform the functions and duties of the Clerk of Court in connection with such cases;
g. Prepare reports to Courts of First Instance relative to subdivision and reconstitution cases; and
[Organization Chart III: Commission of Immigration and Deportation]
h. Perform such other functions as may be provided by law.
FUNCTIONS OF THE COMMISSION OF IMMIGRATION AND DEPORTATION
SECTION 14. The Commission of Immigration and Deportation shall, among others, be responsible for the enforcement and administration of immigration and alien registration laws, including admission, registration, exclusion, deportation and repatriation of aliens, and shall supervise the immigration into and emigration from the Philippines.
The Commission, as graphically depicted in the following organization chart, shall have an Office of the Commissioner, an Administrative Division, a Financial and Management Division, a Law and Investigation Division, an Immigration Division, an Alien Registration Division and an Intelligence Division with corresponding duties and responsibilities, as follows:
FUNCTIONS OF THE OFFICE OF THE COMMISSIONER
SECTION 15. The Office of the Commissioner shall consist of the Commissioner, two Associate Commissioners, and the personnel in their immediate Office. It shall be responsible for the implementation of all laws, rules and regulations promulgated to carry out the policies and objectives of the Commission, and for exercising general supervision and control over the staff services and operating branches and units of the Commission.
The Commissioner and the two Associate Commissioners, sitting as a body, shall compose the Board of Commissioners with the Special Board of Inquiry under it.
Functions of the Commissioner
SECTION 15.1. The Office of the Commissioner shall have the following functions, among others:
a. Supervise, direct and coordinate the overall operations of the Commission;
b. Prepare and submit reports and other special reports of the transactions of the Commission, annually or oftener as the President may require;
c. Implement and/or execute the policies, directives, programs, and projects formulated and adopted by the Commission;
d. Publish standards for the operations of the Commission pursuant to the President's program of government;
e. Delegate authority for the performance of any function to officers and employees under his direction;
f. Serve as Chairman of the Board of Commissioners;
g. Prepare the agenda for, and preside at meetings of the Commission proper;
h. Submit the annual and supplemental budgets of the Commission for the consideration and approval of the Department Head; and
i. Perform such other functions as may be provided by law.
Functions of the Board of Commissioners
SECTION 15.2. The Board of Commissioners shall have exclusive jurisdiction over all deportation cases and its decision shall become final and executory after thirty days from promulgation, unless within such period the President shall issue an order to the contrary.
The Board shall have the following functions, among others:
a. Issue warrants of arrest against aliens complained of or charged;
b. Authorize and fix the bail for the provisional release of respondents;
c. Hear charges, evaluate evidence, formulate conclusions and submit its decision to the President;
d. Review on appeal or motu proprio the decisions of the Boards of Special Inquiry;
e. Decide deportation cases and applications for pre-arranged employment as well as extensions of stay, and act on requests of aliens deported as indigents to return to the Philippines;
f. Perform its present functions under Republic Act No. 613, as amended, and the relevant functions of the Deportation Board under Executive Order No. 398, s. 1951, as amended; and
g. Perform such other functions as may be provided by law.
Functions of the Board of Special Inquiry
SECTION 15.3. The Board of Special Inquiry shall have authority to determine whether an alien seeking to enter or land in the Philippines shall be allowed to enter or land, or shall be excluded, and to make findings and recommendations in all the cases provided for in Section 29 of Republic Act No. 613, as amended, wherein the Commissioner of Immigration may admit an alien who is otherwise inadmissible.
The Board shall have the following functions, among others:
a. Investigate admission cases referred to it by the Immigration Officers or the Commissioner;
b. Hear and decide exclusion cases, and submit the findings and recommendations thereon to the Board of Commissioners;
c. Investigate claims to Philippine citizenship and submit the findings and recommendations thereon to the Board of Commissioners;
d. Investigate such other cases as may be referred by the Commissioner;
e. Perform its present functions under Republic Act No. 613, as amended; and
f. Perform such other functions as may be provided, by law.
Functions of the Administrative Division
SECTION 15.4. The Administrative Division shall have the following functions, among others:
a. Direct and supervise administrative and other support activities of the Commission;
b. Take charge of personnel program of the Commission such as employee recruitment, selection, promotions, transfers, administration of fringe benefits, position classification, and employee relations;
c. Serve as clearing center of all official communications whether incoming or outgoing, maintain a records filing system, provide messengerial and mailing services;
d. Acquire and issue the required supplies, materials, and equipment for the Commission, and store and maintain the same; provide janitorial and security services; and maintain an accurate account of the fixed assets of the Commission; and
e. Perform such other functions as may be provided by law.
Functions of the Financial and Management Division
SECTION 15.5. The Financial and Management Division shall have the following functions, among others:
a. Prepare the annual and special budgets of the Commission, give technical advice on fiscal matters, prepare and submit performance and fiscal reports; and control allotments and obligations;
b. Maintain and keep books of accounts of the Commission; submit financial statements and reports; ascertain and certify to the correctness of vouchers, journals, bills; certify to the availability of funds and/or allotments;
c. Prepare payrolls, vouchers and treasury warrants; verify and pay salaries, overtime pay, treasury warrants and vouchers for traveling expenses, compute and deduct insurance premiums, government taxes and other payroll deductions;
d. Supervise the bookkeeping work of the Commission; ascertain that all the transactions have been properly recorded in the books; prepare correspondence on bookkeeping matters;
e. Undertake regular management studies of the Commission's organizational structure, manpower, and operations; review existing methods, procedures, and systems; and make recommendations for improvement; and
f. Perform such other functions as may be provided by law.
Functions of the Law and Investigation Division
SECTION 15.6. The Law and Investigation Division shall the following functions, among others:
a. Advise the Commissioner of Immigration and Deportation on all legal matters affecting the enforcement and administration of the Immigration and the Alien Registration Acts;
b. Conduct investigation of applications of aliens seeking entry into the country, whether as immigrants or non-immigrants, claims to Philippine citizenship of persons either by birth, election, naturalization or repatriation, complaints on alleged violations of the Philippine Immigration Act and the Alien Registration Act and petitions of aliens for the lifting of orders for them to leave the country on ground of indigency, and prosecute deportation cases;
c. Assist in the preparation of decisions for the Board of Commissioners on deportation, admission, or exclusion cases whether on appeal or on review motu proprio;
d. Represent the Commission in court affecting immigration matters and in conferences and seminars;
e. Prepare warrants of arrest against aliens for violation of immigration laws;
f. Confiscate cash bonds and surety bonds for violation of the terms and conditions thereof;
g. Investigate administrative cases against employees of the Commission of Immigration and Deportation upon direction of the Commissioner; and
h. Perform such other functions as may be provided by law.
Functions of the Immigration Division
SECTION 15.7. The Immigration Division shall have the following functions, among others:
a. Enforce the immigration laws relating to the admission of aliens on primary inspection, as well as their exclusion, deportation and repatriation; and those relating to administrative penalties against vessels;
b. Keep in surveillance all commercial vessels while in Philippine territory;
c. Maintain administrative control of aliens admitted for limited periods only;
d. Take charge of the physical detention of aliens pending their exclusion, deportation or repatriation;
e. Attend to the deportation of aliens;
f. Represent the Commission in the enforcement of the RP-Indonesian Immigration Agreement and the RP-Malaysian Anti-Smuggling Agreement;
g. Represent the Commission and the Commissioner in boards, committees and other bodies as directed; and
h. Perform such other functions as may be provided by law.
Functions of the Alien Registration Division
SECTION 15.8. The Alien Registration Division shall have the following functions, among others:
a. Take charge of the registration of aliens pursuant to the Alien Registration Act of 1950, as amended:
b. Keep records of aliens registered up-to-date through Annual Reports, Reports of Change of Address, and amendments to the Certificates of Registration to reflect the true particulars of the aliens registered;
c. Investigate violations of the Alien Registration Act and recommend appropriate action to be taken;
d. Prepare orders and circulars for the guidance of the different registration officers in the proper enforcement of the Alien Registration Act;
e. Investigate loss of alien certificates of registration land, in proper cases, issue duplicates to replace the same;
f. Issue certificates reflecting the true immigration status of aliens, such as Temporary Visitors, Treaty Traders, Prearranged Employees, Special Non-immigrants and Non-immigrant Students; and aliens leaving the country; and issue the necessary permits to facilitate their return under the same status before they left the country;
g. Take the fingerprint of registered aliens and classify and file fingerprint charts for purposes of identification; and
h. Perform such other functions as may be provided by law.
Functions of the Intelligence Division
SECTION 15.9. The Intelligence Division shall have the following functions, among others:
a. Detect and report violations of the immigration and registration laws and, in appropriate cases, take necessary action required upon instruction of the Commissioner, including follow-up on the stay of non-immigrants to prevent over staying; and detect and report subversive activities of aliens in the interest of national security;
b. Take steps to safeguard the country from illegal entrants;
c. Investigate any case at the instance of the Commissioner and submit the required reports;
d. Report on the activities of aliens inimical to national interest with a view to taking appropriate action in accordance with law; and
e. Perform such other functions as may be provided by law.
FUNCTIONS OF THE NATIONAL BUREAU OF INVESTIGATION
SECTION 16. The National Bureau of Investigation shall, among others, be responsible for the efficient detection and investigation of crimes and other offenses against the laws of the Philippines, upon its own initiative and as public interest may require; rendering assistance, whenever properly requested in the investigation or detection of crimes and other offenses; and coordinating with other national and local police agencies in the maintenance of peace and order.
The Bureau, as graphically depicted in the following organization chart, shall have a Technical Staff, a Domestic Intelligence Division, a Legal and Evaluation Division, an Inspection Division, an Anti-Organized Crime Division, an Administrative and Financial Service, a Technical Services Branch, and an Investigation Branch, with corresponding duties and responsibilities, as follows:
Functions of the Technical Staff
SECTION 16.1. The Technical Staff shall have the following functions, among others:
a. Provide staff support to the Director in coordinating over-all investigative, and technical.
[Organization Chart IV: National Bureau of Investigation]
Functions of the Domestic Intelligence Division
SECTION 16.2. The Domestic Intelligence Division shall have the following functions, among others:
a. Undertake overt and covert investigation of cases involving the national security and gather criminal intelligence; and
b. Perform such other functions as may be provided by law.
Functions of the Legal and Evaluation Division
SECTION 16.3. The Legal and Evaluation Division shall have the following functions, among others:
a. Provide legal counsel to the Director and legal services to the Bureau;
b. Evaluate all investigation reports;
c. Conduct legal research and draft bills to be recommended for legislative action; and
d. Perform such other functions as may be provided by law.
FUNCTIONS OF THE ADMINISTRATIVE AND FINANCIAL SERVICE
SECTION 17. The Administrative and Financial Service shall provide staff support to the Director in coordinating the administrative operations of the Bureau. It shall be responsible for providing the bureau with economical, efficient and effective services relating to personnel, information, records, supplies, equipment, and assistance on budgetary and financial matters. It shall have a Budget Division, a General Services Division, an Accounting Division, a Personnel Division, an Information Division, and a Training Division, with corresponding duties and responsibilities, as follows:
Functions of the Budget Division
SECTION 17.1. The Budget Division shall have the following functions, among others:
a. Prepare budgetary estimates and financial work plans of the Bureau;
b. Issue allotment advice in support of the fund requirement for the conduct of the operations under each program;
c. Develop and improve budgetary methods, procedures, and justifications;
d. Review performance reports to determine conformance with set standards;
e. Prepare financial reports for management guidance and as required by higher authorities; and
f. Perform such other functions as may be provided by law.
Functions of the General Services Division
SECTION 17.2. The General Services Division shall have the following functions, among others:
a. Provide policy guidance on the maintenance and disposition of records and on the procurement and storage of supplies in accordance with government prescribed standards;
b. File and maintain necessary records and establish a records disposition program for the department;
c. Provide mail, transportation, custodial, and general utility services for the department;
d. Procure, store and distribute supplies and equipment of the department, and conduct periodic inventories of the same;
e. Provide and coordinate messengerial, duplicating and typing pool services;
f. Receive, collect and deposit cash, prepare payrolls and process vouchers for payment of the department's obligations; and
g. Perform such other functions as may be provided by law.
Functions of the Accounting Division
SECTION 17.3. The Accounting Division shall have following functions, among others:
a. Maintain basic accounting records and accounts, and review reports of collecting and disbursing officers;
b. Certify to the availability of funds prior to incurrence of obligations and prepare treasury warrants for the payment of government obligations;
c. Prepare accounting reports required for agency management and financial statements as may be required by the General Auditing Office and the Budget Commission and other offices; and
d. Perform such other functions as may be provided by law.
Functions of the Personnel Division
SECTION 17.4. The Personnel Division shall have the following functions, among others:
a. Develop and administer a personnel program to include selection and placement, career and employee development, performance rating, employee relations and welfare services;
b. Act on all matters concerning appointments, promotions, attendance, leaves of absence, transfers, resignations, and other personnel matters;
c. Maintain personnel records and statistics; and
d. Perform such other functions as may be provided by law.
Functions of the Information Division
SECTION 17.5. The Information Division shall have the following functions, among others:
a. Develop programs to have the policies, plans and activities of the department properly understood by public;
b. Produce and disseminate media materials to implement the information program of the department;
c. Coordinate with the Department of Public Information in the Office of the President; and
d. Perform such other functions as may be provided by law.
Functions of the Training Division
SECTION 17.6. The Training Division shall have the owing functions, among others:
a. Develop a training program for agents and other personnel of the bureau;
b. Conduct and coordinate the training of agents and personnel; and
c. Perform such other functions as may be provided by law.
FUNCTIONS OF THE TECHNICAL SERVICES BRANCH
SECTION 18. The Technical Services Branch shall, among others, plan, coordinate, supervise and review the technical and administrative activities of the divisions and subordinate units under it. It shall have a Criminalistics Division, an Identification and Records Division, a Photography Division and an Electronics and Communication Division, with corresponding duties and responsibilities, as follows:
Functions of the Criminalistics Division
DIVISION SECTION 18.1. The Criminalistics Division shall have the following functions, among others:
a. Provide technical assistance to the investigative and other law-enforcement and prosecuting agencies on forensic medicine, forensic chemistry, questioned documents, ballistics, dactylography, and lie detection;
b. Maintain an up-to-date crime laboratory;
c. Conduct researches on forensic sciences; and
d. Perform such other functions as may be provided by law.
Functions of the Identification and Records Division
SECTION 18.2. The Identification and Records Division shall have the following functions, among others:
a. Serve as national clearing house of all criminal and other information;
b. Keep a centralized and systematic file of NBI records and evidence, and prepare crime and other statistical reports; and
c. Perform such other functions as may be provided by law.
Functions of the Photography Division
SECTION 18.3. The Photography Division shall have the following functions, among others:
a. Take photographies of all cases being handled by the Bureau;
b. Maintain and provide photographic records of persons applying for clearances and persons charged criminally in the courts;
c. Extend qualified advice and services allied to the investigation of crimes;
d. Conduct technical inspection of photographic equipments and other paraphernalia during presidential public appearances and during visits of other dignitaries;
e. Appear in court when necessary and properly requested;
f. Conduct lectures on investigative photography in other offices upon request; and
g. Perform such other functions as may be provided by law.
Functions of the Electronics and Communication Division
SECTION 18.4. The Electronics and Communication Division shall have the following functions, among others:
a. Operate and maintain electronic facilities and communications network of the Bureau;
b. Assist the investigative staff in supplying the necessary electronic materials;
c. Advise the Director and his staff in electronics and communications matters;
d. Render qualified assistance to other agencies of the government;
e. Conduct technical research, prepare plans and programs;
f. Provide and extend technical training; and
g. Perform such other functions as may be provided by law.
FUNCTIONS OF THE INVESTIGATION BRANCH
SECTION 19. The Investigation Branch shall, among others, plan, coordinate, supervise and review the investigative and administrative activities of the divisions and other subordinate commands under it. It shall have a Special Investigation Division and a General Investigation Division including field units as necessary.
Functions of the Special Investigation Division
SECTION 19.1. The Special Investigation Division shall have the following functions, among others:
a. Plan, coordinate, supervise and review the investigation of cases involving graft and corruption, international crimes, narcotics, arson, fraud, naturalization, violations of the anti-dummy and related nationalization laws, wanted and missing persons;
b. Conduct screening of NBI agents and personnel; and
c. Perform such other functions as may be provided by law.
Functions of the General Investigation Division
SECTION 19.2. The General Investigation Division shall have the following functions, among others:
a. Plan, coordinate, supervise and review the administrative and investigative work of all regional offices and the special action unit; and
b. Perform such other functions as may be provided by law.
Functions of the Regional Offices
SECTION 19.3. The Regional Offices shall have the following functions, among others:
a. Exercise direct supervision over the administrative and investigative activities in their respective regions;
b. Coordinate with the Special Investigation Division and Domestic Intelligence Division relative to joint operations within their jurisdiction; and
c. Perform such other functions as may be provided by law.
FUNCTIONS OF THE CITIZENS LEGAL ASSISTANCE OFFICE
SECTION 20. The Citizens Legal Assistance Office shall represent, free of charge, indigent persons mentioned in Republic Act No. 6035, or the immediate members of their family, in all civil, administrative, and criminal cases where after due investigation the interest of justice will be served thereby, except agrarian reform cases as defined by Republic Act No. 3844, as amended, which shall be handled by the Bureau of Agrarian Legal Assistance of the Department of Agrarian Reform, and such cases as are now handled by the Department of Labor.
The Chief Citizens Attorney shall be the Chief Executive Officer of the Office. He shall administer and be responsible for all operations designed to strengthen legal assistance and counselling services to indigent persons. The Deputy Chief Citizens Attorney, as the Assistant Chief Executive Officer of the office, shall assist the Chief Citizens Attorney in the performance of the duties of the latter. In case of absence, illness, or temporary incapacity of the Chief Citizens Attorney, the Deputy Chief Citizens Attorney shall discharge the duties of the Chief Citizens Attorney.
The Office, as graphically depicted in the following organization chart, shall have an Administrative Division, a Financial and Management Division, a Special and Appealed Cases Division, a Legal Research and Statistics Division, and a Field Services Division with corresponding duties and responsibilities, as follows:
Functions of the Administrative Division
SECTION 20.1. The Administrative Division shall have the following functions, among others:
a. Direct and supervise administrative and other support activities of the Office;
b. Take charge of personnel program of the Office such as employee recruitment, selection, promotions, transfers, administration of fringe benefits, position classification, and employee relations;
[Organization Chart V: Citizens Legal Assistance Office]
c. Serve as clearing center of all official communications whether incoming or outgoing, maintain a records filing system, provide messengerial and mailing service;
d. Acquire and issue the required supplies, materials, and equipment for the Office, and store and maintain the same; provide janitorial and security services; and maintain an accurate account of the fixed assets of the Office; and
e. Perform such other functions as may be provided by law.
Functions of the Financial and Management Division
SECTION 20.2. The Financial and Management Division shall have the following functions, among others:
a. Prepare the annual and special budgets of the Office, give technical advice on fiscal matters, prepare and submit performance and fiscal reports; and control allotments and obligations;
b. Maintain and keep books of accounts of the Office; submit financial statements and reports; ascertain and certify to the correctness of vouchers; journals, bills; certify to the availability of funds and/or allotments;
c. Prepare payrolls, vouchers and treasury warrants; verify and pay salaries, overtime pay, treasury warrants and vouchers for traveling expenses; compute and deduct insurance premiums, government taxes and other payroll deductions;
d. Supervise the bookkeeping work of the Office; ascertain that all the transactions have been properly recorded in the books; prepare correspondence on bookkeeping matters;
e. Undertake regular management studies of the Office's organizational structure, manpower, and operations; review existing methods, procedures, and systems; and make recommendations for improvement; and
f. Perform such other functions as may be provided by law.
Functions of the Special and Appealed Cases Division
SECTION 20.3. The Special and Appealed Cases Division shall have the following functions, among others:
a. Handle all appealed cases elevated to appellate courts or administrative tribunals in Greater Manila from regional offices including the preparation of briefs, pleadings, and memoranda relative thereto;
b. Handle special judicial cases which are not within the responsibility of regional attorneys;
c. Recommend to the Chief Citizens Attorney the assignment of special attorneys to regional and field offices whose volume of cases so demands; and
d. Perform such other functions as may be provided by law.
Functions of the Legal Research and Statistics Division
SECTION 20.4. The Legal Research and Statistics Division shall have the following functions, among others:
a. Plan, direct, and conduct legal research for the office;
b. Prepare legal studies, digest court decisions, and inform all divisions and regional offices of latest developments in substantive and procedural laws;
c. Supervise the keeping and maintenance of a law library;
d. Maintain statistical data; and
e. Perform such other functions as may be provided by law.
Functions of the Field Services Division
SECTION 20.5. The Field Services Division shall have the following functions, among others:
a. Attend to, coordinate and supervise the activities of personnel in the regional offices for the proper implementation of legal assistance to indigent persons;
b. Initiate, direct and supervise special projects and plans designed to strengthen legal assistance and counselling services to indigent persons; and
c. Perform such other functions as may be provided by law.
FUNCTIONS OF THE RETAINED AGENCIES
SECTION 21. The Office of the Government Corporate Counsel, the Board of Pardons and Parole and the Bureau of Prisons shall retain their organizational structure and perform their present functions under the law respectively creating them; provided that the Bureau of Prisons shall have seven regional prisons as well as regular prisons and penal farms as provided under Presidential Decree No. 28, dated October 25, 1972.
FUNCTIONS OF THE ATTACHED AGENCY
SECTION 22. The Presidential Investigation and Recovery Commission which is attached to the Department shall retain its organizational structure and perform its present functions as provided under Executive Order No. 341, series 1971, subject to the provisions of Paragraph 4, Article I, Chapter I, Part I of the Plan.
TRANSITORY MEASURES
SECTION 23. In conformity with the foregoing organization and functional statements, you are hereby directed to prepare with the assistance of the Budget Commission, the Civil Service Commission, and the Presidential Commission on Reorganization and submit within ninety days from the promulgation of Presidential Decree No. 1 for the approval of the President supplementary details relative to the Staffing Pattern for the Department. The Staffing Pattern that shall be developed for purposes of this installation shall, insofar as practicable, be in accordance with the criteria specified in Paragraph 5, Article I, Chapter I of Part XXIII on General Provisions of the Plan.
SECTION 24. Upon the approval of the Staffing Pattern referred to above, appointments shall be made of the personnel to fill the positions authorized in said Staffing Pattern.
SECTION 25. All appointments to the positions that shall be authorized under the Staffing Pattern referred to above shall, in general, be in accordance with the merit requirements of the Civil Service law and rules and duly approved qualification standards for each position: Provided, That in the case of new position titles, qualification standards therefor shall be developed by the Department, subject to approval by the President upon recommendation of the Civil Service Commission: Provided, further, That consideration for employment of persons other than those of the agencies and offices affected by this implementation shall be made only after the personnel of such reorganized entities shall have been considered: Provided, finally, That personnel actions which need to be taken as a result of the establishment of the said Staffing Pattern, shall be in accordance with applicable Civil Service law and rules, and the pertinent provisions of Part XXIII on General Provisions of the Plan.
SECTION 26. No original appointments to positions, except confidential positions, in the Staffing Pattern shall be made until all qualified employees in the agencies affected shall have been absorbed to appropriate positions available. You shall furnish the Civil Service Commission a certified list of all employees separated as a result of the implementation of the organization of the Department together with a justification for their separation.
SECTION 27. The position titles that shall be used in the Staffing Pattern with respect to positions at present covered by the WAPCO Plan shall be tentative for purposes of initial appointments to positions provided therein. The position titles shall be subject to final determination and allocation to appropriate classes and salary ranges by WAPCO upon conduct of the usual audit of duties and responsibilities assigned to the positions.
SECTION 28. All initial appointments to positions in the Staffing Pattern shall be at the authorized or actual salaries of the incumbents appointed to the positions, whichever is higher. In the reallocation of appropriations authorized to be made under Section 31 of this Letter of Implementation, an adequate lump-sum amount shall be provided to take care of all cases where the actual salary of the appointee is more than the rate authorized.
SECTION 29. Salary increases as may result from appointments to positions in the Staffing Pattern to be proposed shall be effective only after final determination and allocation of said positions by WAPCO pursuant to Section 26 of this Letter of Implementation.
SECTION 30. The selection and initial appointments of personnel for positions in the Staffing Pattern shall be made with the assistance of a Committee composed of a representative each of the Department proper, Civil Service Commission, and Budget Commission: Provided, That in the consideration of personnel to fill positions authorized for the bureaus or comparable units in the Department, a representative of the bureau or comparable unit involved shall sit and participate in the deliberations of the Committee.
REALLOCATION OF APPROPRIATIONS
SECTION 31. You are likewise directed to cause the preparation, in collaboration with the Budget Commission, of the details of the Reallocation of Appropriations necessary to put into effect the implementation as prescribed by this Letter of Implementation in accordance with Paragraph 4, Article I, Chapter I, Part XXIII of the Plan.
TIMING OF ADMINISTRATIVE ACTIONS
SECTION 32. You are hereby directed to effect the orderly scheduling of transfers, changes and other transitional actions required by the Plan and this Letter of Implementation: Provided, That all such actions shall be completed within the period prescribed in Paragraph 14, Article I, Chapter I, Part XXIII of the Plan reckoned from the date of issuance of Presidential Decree No. 1. In the interim, each entity affected shall continue to perform its functions until such time as you shall order change or cessation and each officer and employee shall continue to perform his duties and to exercise his authority until such time as you order otherwise but not beyond the termination of the transition period prescribed above.
SECTION 33. In the process of the selection of personnel to fit the positions in the Staffing Pattern mentioned above, you are authorized to make the necessary changes in the personnel structure of the Department subject to the approval of the Office of the President, to correct inequities that in your opinion may have resulted from the preparation thereof: Provided, That any adjustment or adjustments that shall be made pursuant hereto shall not result in an increase in the total appropriations for personal services authorized for the Department.
SECTION 34. You are hereby finally directed to note and call the attention of the President to such provisions of Part VI of the Plan or portions thereof which are inoperable under present conditions in view of the Proclamation Order No. 1081 dated September 21, 1972 at such time as their activation shall be possible.
DONE in the City of Manila, this 31st day of December, in the year of Our Lord, Nineteen Hundred and Seventy-Two.
Cite This Law
Relative to Part XXI on Administration of Justice and Other Pertinent Provisions of the Integrated Reorganization Plan, Letter of Implementation No. 20, Dec 31, 1972 (Philippines)
Relative to Part XXI on Administration of Justice and Other Pertinent Provisions of the Integrated Reorganization Plan, Letter of Implementation No. 20 (Phil. 1972)
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