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Republika ng Pilipinas KAGAWARAN NG KATARUNGAN Department of Justice Manila

LML-DC.03112.~

DEPARTMENT CIRCULAR No. ---

05 3

TO
SUBJECT

All Concerned Civil Service Commission (CSC) Memorandum Circular No. 12, s. 2012 3 September 2012

DATE

Attached is a copy of Civil . Service Commission (CSC) Memorandum Circular No. 12, s. 2012 Re: "Amendment to Rule V of CSC Resolution No. 04-0676 dated June 17, 2004 (Policy Guidelines to Govern the Liquidation of Cash Advances and the Penalty to be Imposed for Failure of an Accountable Officer to Liquidate within the Prescribed Period)". The amended Rule took effect on 20 June 2012. A reminder is hereby given to all officials and employees with outstanding cash advances, which have not been liquidated on or before the reglementary period of liquidation, to comply with the foregoing Civil Service Commission (CSC) Resolution. Please be guided accordingly.
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KAGAWARAN NG KATARUNGAN Department of Justice Manila


LML-DC30G 12-089

30 July 2012.
DEPARTMENT TO CIRCULAR NO.

052

U ndersecretaries/ Assistant Secretaries Chiefs of Service/Staff in the Office of the Secretary All Heads of Bureaus, Commissions and Offices under the Department All concerned Request Forms for Coverage and/or Press Release

SUBJECT

To ensure that coverage of significant issues and events and for the effective dissemination of press releases, attached are the corresponding forms to be filled up by the requesting party for submission to the DOl Communications Division. Requests for coverage shall be submitted to the Communications Division three (3) days prior to the event/activity. Press release requests shall be submitted two (2) days prior to dissemination, except in the case of sudden or urgent developments which necessitate immediate press release. A few hours notice shall suffice for the latter situation. The office/agency concerned shall, however, have the option to prepare the corresponding press release in urgent situations. For information and guidance.

Dl!:p.'Irtment of Justice eN: 0201209069

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Republika ng Pili pinas KAGAWARAN NG KATARUNGAN

Department of Justice
Manila

LML- ,PC-15H12-_

15 August 2012

DEPARTMENTCIRCULARNO.O
TO

51

: All Undersecretaries, Assistant Secretaries and Heads ofServicesjOffices in the DOJ Proper, and Heads of DOJ Agencies

SUBJECT: Gender and Development (GAD) Focal Point System (GFPS), Annual Plan, Budget and Accomplishment Report

In line with RA No. 9710 otherwise known as the Magna Carta of Women, attached are the following Circulars from the Philippine Commission on Women (PCW), National Economic and Development Authority (NEDA) and Department of Budget and Management (DBM):

1. PCW Memorandum Circular No. 2011-01 dated

21 December 2011-

\ Guidelines for the Creation, Strengthening and Institutionalization of the GFPS; and
2.

PCW-NEDA-DBM Joint Circular No. 2012-01 - Guidelines for the Preparation of Annual' GAD Plans, Budgets and Accomplishment Reports to Implement the Magna Carta of Women.

Each Agency shall institute appropriate implementing mechanisms in compliance to the said Circulars, including the reorganization of existing GAD Committees. For purposes of the DOJ GFPS, its Executive Committee shall be headed by an Undersecretary and composed of Department officials (not lower than Directors) in charge of management, planning, administration, finance, legal/internal affairs and major operations units. . One of the GFPS members shall be designated as head of the GFPS Technical Working Group (TWG) in the DOJ Proper. For constituent and attached Agencies, the TWG shall be headed by an official not lower than a Director.

The Agency TWG members shall be representatives from the following units, when applicable or as needed to facilitate the stated tasks: Planning - coordination and preparation of the annual GAD plans, budgets and accomplishment reports in coordination with the Finance unit; Finance - provision, allocation, monitoring and reporting of GAD funds and expenditures, and coordination with the Planning unit for the annual GADbudget; Human Resource - organizing and implementation of gender sensitivity and capacity development activities, in coordination with the operations unit/s concerned; Operations - implementation, monitoring and reporting of all gender mainstreaming activities in their respective units at the national and regional levels. Statistics and Management Information Systems - gathering, processing, generation, analysis and reporting of sexdisaggregated/ gender-related data; Management Unit - conduct of gender audit and implementation of gender mainstreaming projects in internal systems, processes and procedures of the Agency; Communication/Public Information implementation of information, education and communication activities within the Agency, with clients and other stakeholders; and Legal/Internal Affairs - review and enforcement of genderrelated laws, rules and regulations within the agency in coordination with the Committee on Decorum and Investigation. The GFPS Executive Committee and TWGs shall be supported by a secretariat composed of personnel from the Agency's Administrative Service/Division. Regional TWGs may also be constituted to assist the Agency TWGs in GAD planning, budgeting, reporting and implementation. As basis for the Agency GAD plans, budgets and accomplishment reports, the GFPS Executive Committee shall identify priority gender issues of the Department and set the strategic agenda and policy direction in consultation with line/regional offices and constituent/attached Agencies.
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KAGAWARAN NG KATARUNGAN Department of Justice Manila

LML-DC-1SH12-

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15 August 2012 DEPARTMENT CIRCULAR NO. SUBJECT:

050

GUIDELINES ON THE APPLICATION OF ARTICLE 125 OF THE REVISED PENAL CODE, AS AMENDED

In the interest of the service and pursuant to the provisions of existing laws, this Department Circular is issued for the guidance of prosecutors, public attorneys, law enforcers and all concerned on the application of Article 125 of the Revised Penal Code, as amended, on the Delay in the Delivery of Detained Persons to the Proper Judicial Authorities. 1. Article 125 provides for the criminal liability and the corresponding penalties of public officers or employees who detain a person arrested without a warrant without charging that person in court after the lapse of 12, 18 or 36 hours depending on the gravity of the crime. 2. This protection accorded by the law to individuals against undue deprivation of liberty is in line with the provision of Article III, Section 1 of the 1987 Constitution which states that "no person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws." 3. In order to avoid confusion among criminal justice stakeholders, the following .guidelines on the application of Article 125 of the Revised Penal Code, as amended, are issued: 3.1. Being a penal law, Article 125 shall be construed strictly against the State and liberally in favor of an accused. Hence, the counting of the prescribed "12-18-36" periods shall be done by the hour starting from the time of detention. However, consistent with jurisprudence, the following circumstances may

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be considered in determining whether the public officer or employee concerned can be held liable for violating the law: 3.1.1. The observance of non-working holidays, during which it becomes legally and physically impossible to properly file an information in court. [See Soria v. Desierto, GR Nos. 153524-25,31 January 2005] 3.1.2. Extraneous factors like means of communication and transportation, the hour of the arrest, or the time of surrender of an accused, which impedes the conduct of usual law enforcement and prosecution functions. [See Sayo v. Police Chief of Manila, L-23614, 27 February 1970] It should be emphasized, however, that the foregoing cases are mere exceptions to the general rule and are not in any way to be used as grounds for abuse. They can be invoked only when circumstances warrant extraordinary measures. In no case should the above-mentioned factors absolve public officers and employees from liability under Article 125 if it can be shown that the delay in the delivery of a detained person is attended by malice, bad faith or gross negligence. 4. Immediately after an arrest, the person arrested shall be brought to the nearest local law enforcement office. As soon as possible, inquest proceedings shall be conducted by the duty inquest prosecutor designated to act as such within the locality, even during weekends. However, under the exceptional case where no inquest prosecutor is available during a weekend or a non-working day, the inquest shall immediately be conducted on the first business day following the arrest. If the inquest prosecutor orders the arresting officers to submit additional evidence to aid him in resolving the case, the time spent to produce such additional evidence shall not stop the running of the "12-18-36" periods prescribed under Article 125. 5. The "12-18-36" rule m Article 125 are subject to the following provisions of special laws/rules:

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5.1.

Under Rule 112, Section 7 of the Rules of Court, if an arrested person elects to undergo a preliminary investigation, the provisions of Article 125 have to be waived in writing and in the presence of counsel. Hence, the "12-18-36" periods shall no longer apply. The guidelines contained in this Department Circular shall be applicable to cases under Republic Act No. 9372, otherwise known as the Human Security Act, except that instead of the "12-18- 36" periods, the applicable period shall be 72 hours, pursuant to Section 18 of the said law. The guidelines contained in this Department Circular shall be applicable to cases under Republic Act No. 9344, otherwise known as the Juvenile Justice and Welfare Act, except that instead of the "12-18-36" periods, the applicable period shall be 8 hours. Moreover, instead of being charged in court, the arrested child in conflict with the law who is 15 to 18 years old shall first be turned over to the local social development officer for initial determination of the presence or absence of discernment. The investigating prosecutor shall, within eight (8) hours upon receipt of the report of the local social development officer, immediately resolve and issue the corresponding Resolution either by ordering the filing of the Criminal Information in court, or ordering the immediate release of the child in conflict with the law, as the case may be.

5.2.

5.3.

The foregoing guidelines are in line with the Department's commitment to advance the rule of law, especially the constitutional guarantee against deprivation of liberty without due process of law. For guidance and compliance.

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KAGAWARAN NG KATARUNGAN Department of Justice Manila

LML-DC20G12

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20 July 2012

DEPARTMENT CIRCULAR NO. TO

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: Undersecretaries/Assistant Secretaries Chiefs of Service/Staff in the Office of the Secretary Regional/CitylProvincial Prosecution Offices All Heads of Bureaus, Commissions and Offices of the Department 112th Philippine Civil Service Anniversary (PCSA) Celebration in September 2012

SUBJECT:

Attached is Memorandum Circular NO.8 series of 2012 from the Civil Service Commission inviting this Department to participate in the celebration of the 112thphilippine Civil Service Anniversary (PCSA) this September 2012 with the theme "Kawani, lkaw Ay Isang Lingkod

Bayanil"
Relative thereto, enclosed are the suggested activities to be undertaken by your respective offices as part of your contribution to the celebration. For more information, please contact the Public Assistance and Information Office (telephone number 931-4180, csc pr@yahoo.com, and TEXTCSC at 09178398272) or the nearest CSC Regional and Field Offices or visit the PCSA blog at www.celebratepcsa.wordpress.com. For your guidance and appropriate action.

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Department

of Justice

Manila
LML-DC-16H12-0Qi.{

August

16, 2012

DEPARTMENT CIRCULAR NO.


TO

04 7

: All Undersecretaries, Assistant Secretaries, Heads of Services/Offices in the DOJ Proper, and Heads of DOJ Agencies

SUBJECT: Cascading of Department Performance Targets

Attached is a copy of Memorandum Circular No. 2012-1 dated August 13, 2012 of the Inter-Agency Task Force on the Harmonization of National Government Performance Monitoring, Information and Reporting Systems, providing guidelines on the cascading of Department performance targets in line with Executive Order No. 80. The Planning and Management Service shall coordinate/facilitate the Department's compliance to the said issuance, and may organize the necessary activities thereon. For information and appropriate action.

QeplIrb'n!ntof Justice eN: 0201208215

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KAGAWARAN NG KATARUNGAN Department of Justice Manila

LML-DC-27G12'

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27

July

2012

DEPARTMENT CIRCULAR NO. SUBJECT:

_0_4_6_
DELINEATION OF OFFICES OF THE OF INVESTIGATION

ASSIGNMENT AND REGIONAL/DISTRICT NATIONAL BUREAU (NBI)

Consistent with the thrust of the Department to provide effective and efficient service to the public, this circular is issued in order to assign and delineate the following areas of responsibility (A.O.R.) of the National Bureau of Investigation (NBI) regional and district offices, to wit: Re .onal District Office 1. Regional Office I - Ilocos Regional Office in San Fernando City, La Union a. Laoag District Office (LADO) b. Vigan District Office (VIDO) c. Da u an District Office (DADO) 2. Regional Office II - Cagayan Valley Regional Office in Tuguegarao City District a. Bayombong Office (BAYDO) b. Isabela District Office (ISDO) Area of Res onsibili Region I, including Abra Province of Ilocos Norte Provinces of Ilocos Sur and Abra Province of Pangasinan Entire Region II, including CAR Provinces of Apayao, Kalinga & Ifugao Provinces of Nueva Vizcaya, Quirino and Ifugao of CAR Province of Isabela CAR covers only Benguet, Mountain Province and Ba uio Ci

3. CAR - Cordillera Administrative Region in Baguio City

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4. Region III - Central Luzon Regional Office in San Fernando City, Pampanga a. Bulacan District Office (BULDO) b. Cabanatuan District Office (CABDO) c. Tarlac District Office (TARDO) d. Olongapo District Office (OLDO) 5. Region IV-A - CALABARZON Office in Batangas City a. Cavite District Office (CAVIDO) b. Laguna District Office (LAGDO) c. Lucena District Office (LUCDO) 6. Region IV-B - MlMAROPA Office in Batangas City a. Puerto Princesa District Office (PUERDO)

Entire Region III

Province of Bulacan Provinces of Nueva Ecija


and Aurora Province of Tarlac Province of Zambales Entire Region IV-A Province of Cavite Province of Laguna Province of Quezon Entire Region IV-B

Province of Palawan

7. Region V - Bicol Regional Office in Entire Region V Naga City a. Legazpi District Office (LEGDO) Province of Albay, Sorsogon and Masbate 8. Region VI - Western Visayas Entire Region VI Regional Office in Iloilo City Province of Negros a. Bacolod District Office BACDO Occidental 9. Region VII - Central Visayas Regional Office in Cebu City a. Dumaguete District Office (DUMDO) Region VIII - Eastern Visayas Regional Office in Tacloban City a. Samar District Office (SAMDO) 11. Region IX - Western Mindanao Regional Office in Zamboanga City
10.

Entire Region VII

Province of Negros
Oriental and Siquijor Entire Region VIII

Entire island of Samar


Entire Region IX including Misamis Occidental Province and the ARMM Provinces of Basilan, Sulu & Tawi- Tawi Provinces of Zamboanga Del Norte & Misamis Occidental

a. Dipolog District Office (DIPDO) b. Pagadian District Office (PAGDO)


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Zamboanga Del Sur &


12. Region X - Northeastern Mindanao Regional Office in Cagayan de Oro City a. Iligan District Office (ILDO) Zamboanga Sibugay Entire Region X, including the twin Provinces of Lanao Del Norte & Lanao Del Sur but excluding Misamis Occidental Provinces of Lanao Del Norte & Lanao Del Sur of ARMM Entire Region XI

13. Region XI - Southeastern Mindanao Regional Office in Davao City a. Tagum District Office (TAGDO) 14. Region XII - Central Mindanao Regional Office in Koronadal City

Provinces of Compostela
Valley & Davao Oriental

a. Sarangani District Office (SARDO) 15. Region XIII - CARAGAin Butuan City 16. ARMM - Autonomous Region for Muslim Mindanao in Cotobato City

Entire Region XII, including four (4) Municipalities of Maguindanao Province of ARMM (Datu Paglas, Buluan, Panggalungan & Datu Montawal) Province of Saranggani Entire Region XIII Cotobato City and the Province of Maguindanao, excluding the Municipalities of Datu Paglas, Buluan, Panggalungan & Datu Montawal

For dissemination, guidance and compliance.

Republika ng Pilipinas KAGAWARAN NG KATARUNGAN Department of Justice' Manila


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LM,L- DC-14H12 '.

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CIRCULAR

'AUgtlst 14,,2012.,

DEPARTMENT

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TO: Undersecretary JOSE VICENTE B. SALAZAR Undersecretary FRANCISCO F. BARAAN III . Undersecretary LEAH T. ARMAMENTO Assistant Secretary ZABEDIN M. AZIS Assistant Secretary GERONIMO L. SY' . Prosecutor General CLARO A. ARELLANO Chief State Counsel RICARDO V. PARAS III Director NONNATUS CAESAR R. ROjAS, NBI Chief Public Attorney PERSIDA V. RUEDA-ACOSTA, PAO ',. Director GAUDENCIO S. PANGILINAN, JR., BUCOR Cdmmissioner RICARDO A. DAVID, JR., BI . . Adminj,strator EuLALIO C. -DlAZ nI, LRA ' , Adn).inistra'tor,MANVE;VG.'(>O,PPA - - --;-' \.' ~",i Government'Co~pO~qt~ Cciull~el RAouL-c. CRI!:ENCIA, OGeC Solicitor Gerieral FRANCIS H. JARDELEZA, OSG . Chairman JUAN ANDRES D. BAUTISTA, PCGG Acting Program Director MARTIN T. MENEZ (WPSBP) . Assistant Program Director MA. NERISA M. CARPIO (WPSBP) Executive Director REYNALDO G. BAYANG (BPP) Sr. Deputy State Prosecutor MIGUEL F. GUDIO, JR. (BOC) Executive Director TRICIA CLARE A. OCO (JJWC) Atty. BERNADETTE ONGOCO (OADR) Atty. MARLYN ANGELES (ANIEA/CBAGTIN) Director RODOLFO B. FELIX, FS DirectorMA. MONICAP. PAGUNSAN, PMS Director LIZA B. DE LEON, Administrative Service Director RODOLFO C. FLORENTIN (JUSIP) Director DANILO D. BULOSAN, FS .ChiefAccountant MARIA ELISA B. GERMAR, FS Budget Officer JULIET T. CANOY, FS . GhiefPlanning Officer RYAN-CJTHOMAS,PSD . P,ers,onnel'QfficerHEDELIZAQ.ItNCABO, B;udgetjFinance/Planning Officers of the A~encies under the DOJ
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SUBJECT: PUBLIC-HEARING ON THE FY2013 BUDGET PROPOSALS OF THE-'DEPARTMENT OF' JUSTICE AND ATTACHEDAGENCIES' .' ,

You are hereby directed to attend the budget hearing of the Proposed FY 2013 Budget of the Department of Justice and attached agencieslscheduled on 29 August 2012 (Wednesday), 9:00 A.M.
at Sen. Recto Room, 2nd Floor, Senate of the Philippines, GSIS Financial Center, Roxas Blvd., Pasay City.

Your personal presence and Finance/Budget/Planning Officer are enjoined,

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KAGAWARAN NG KATARUNGAN Department of Justice Manila

LML-DC-10H1210 August 2012

OC\2-

DEPARTMENT CIRCULAR NO. TO Undersecretaries/Assistant Secretaries Chiefs of Service/Staff in the Office of the Secretary Heads of the RegionallProvinciaVCity Prosecution Offices All Concerned SUBJECT: Assistance to DOJ Employees Who Are Victims of the Recent Southwest Monsoon (HABAGAT)

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In compliance with Civil Service Memorandum Circular No.2, s. 2012 and in response to the devastation caused by the southwest monsoon (Habagat) which hit the National Capital Region (Caloocan, Malabon, Manila, Marikina, Muntinlupa, Navotas, Pasay, Pasig, Pateros, San Juan Valenzuela) and the provinces of Bataan, Bulacan, Cavite, Laguna, Olongapo, Palawan (Culion, EI Nido and Linacapan), Occidental Mindoro, Parnpanga, Pangasinan, Rizal and Zambales on August 6-9, 2012, you are hereby directed to marshal recovery efforts and resources to help DOJ employees in aforementioned areas declared as calamity areas. Listed below are the immediate assistance and measures that can be provided: 1. Ascertain the condition of your respective staff to discern the needed help; 2. Assist affected employees in the avai1rnent of related financial loans thru GSIS, Pag-ibig and other government institutions; 3. Allow the grant of five (5) days special emergency leave duly approved by the Head of Office, which can be availed of on a continuous or staggered basis within thirty (30) days from the date of calamity, or, covering the period August 6 to September 5,
2012 .

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The above-stated special leave shall not be deducted from the employees' earned leave and'shall be based on the following circumstances: a. ~I~edlate ;.repair/r~riovation!clean-up residence';' . and/or transfer of

b. Sickness or illness of concerned employee or immediate member/s of the family; and c. To locate missing family member/s and other related/similar circumstances. However, a skeletal workforce shall be maintained at all times, to ensure non-disruption of delivery of public service. For information! guidance/ compliance.

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LML-DC-2H12

August

2, 2012

DEPARTMENT CIRCULAR NO. ---TO:

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Undersecretary JOSE VICENTE B, SALAZAR Undersecretary FRANCISCO F. BARAAN III Undersecretary LEAH T. ARMAMENTO ' Assistant SecretaryZABEDIN M. AZIS c-AssistantSecretary GERONIMOL. SY, , " / ",t'rosecutor General:ClAROA, ARELlANO. , _, Chief State CounselRlCARDOV. PARAS III. 'Director NONNATUS CAESAR R. ROJAS, -NBI, , Chief Public Attorney pERSIDA V. RUEDA-ACOSTA,PAO DirectorGAUDENCIO S. PANGIUNAN, JR., BUCOR Commissioner RICARDO A. DAVID, JR., BI Administrator EULALIO C. DIAZ III, LRA Administrator MANUEL G. CO, PPA Government Corporate Counsel RAOUL C. CREENCIA, OGCC Solicitor General FRANCIS H!JARDELEZA, OSG Chairman JUAN ANDRES D. BAUTISTA, PCGG ' Acting Program Director MARTIN T. MEN-EZ (WPSBP) Assistant Program Director MA. NERISA M. CARPIO (WPSBP) Executive Director REYNALDO G. BAYANG (BPP)' ,Sr. Deputy State Prosecutor MIGUEL F. GUDIO, JR. (BOC) 'IExecutive Director TRICIA CLAREA. OCO (JJWC) Director RODOLFO B. FELIX, FS Director MA. MONICAP. PAGUNSAN, MSO , Director LIZA B. DE LEON, Administrative Service Director RODOLFOC.FLORENTIN (JUSIP) Director DANILO D. BULOSAN, FS ,'Chief AccouIitantMARIA EUSAB. GERMAR, FS Budget Officer JUUET T. CANOY, FS Chief Planning Officer RYAN C. THOMAS, MSO Personnel Officer HEDELIZA Q. ENCABO Budget/Finance Officers of the Agencies under the DOJ
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BUDGET BRIEFING/HEARING ON THE FY BUDGET PROPOSALS OF THE DEPARTMENT ,JUSTICE AND ATTACHED AGENCIES
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KAGAWARAN NG KATARUNGAN Department of Justice Manila


LML-DC-lOG12-

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19 July 2012

DEPARTMENT CIRCULAR NO.


TO :

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Heads of Agencies Under or Attached to the Department Organizational Performance Indicator Framework Reference Guide

SUBJECT:

Attached is a copy of Department of Budget and Management (DBM) Circular Letter No. 2012-9 dated June 13, 2012 on the Organizational Performance Indicator Framework (OPIF) Reference Guide. The online version of the official publication can be accessed from the DBMwebsite. The said Reference Guide shall be used in reviewing/improving agency major final outputs and performance indicators as well as possible restructuring of programs, activities and projects in the annual budget. For information and guidance.

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KAGAWA RAN NG KATARUNGAN Department of Justice Manila LML-DC-16G12- '~2-

19 July 2012

DEPARTMENT CIRCULAR NO. To Undersecretaries/ Assistant Secretaries Chiefs of Service/Staff in the Office of the Secretary RegionaIlCity/Provincial Prosecution Offices All Heads of Bureaus, Commissions and Offices Attached to the Department Career Executive Service Officers and Eligibles

Attached is a copy of the letter from the Career Executive Service (CES) Board inviting nominees to the 2012 GAWAD Career Executive Service (CES) Program. The GA WAD CES is a presidential award that recognizes members of the CES for the exemplary performance and significant contributions, particularly in the areas of innovation, information and communication technology, social services, administrative reforms and public policy. Enclosed are the forms to be accomplished for this purpose, which may be downloaded from the CESB website - www.cesboard.gov.ph. Submission of your nominee/s shall be forwarded to the Office of the Executive Director, CESB, NO.3 Marcelino St., Holy Spirit Drive, Diliman, Quezon, City on or before 28 September 2012. For information, guidance and appropriate action.

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Department of Justice Manila

LML-DC-15FI2DEPRATMENT CIRCULAR NO.O

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To

Undersecretaries/Assistant Secretaries Chiefs of Service/Staff in the Office of the Secretary RegionaUCitylProvincial Prosecution Offices All Heads of Bureaus, Commissions and Offices Attached to the Department 15 June 2012 GSIS Scholarship Program

Date Subject

Attached is a copy of the letter of Mr. Robert G. Vergara, President and General Manager of the Government Service Insurance System (GSIS) informing fellow government employees of the recently approved enhanced GSIS Scholarship Program (GSP) which will give low-income GSIS members the opportunity to send their children to colleges and universities that provide quality education. Interested regular members of the GSIS with salary grade 24 or below, or its equivalent, may start nominating their children to the enhanced GSP where 200 slots are available for School Year 2012-2013. Copy of the scholarship application form and the program guidelines are downloadable at www.gsis.gov.ph for ready reference. Deadline for submission is on 30 June 2012. For information, guidance and appropriate action.

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KAGAWARAN NG KATARUNGAN Department of Justice Manila


LML-DC-12G 12----.2'?d-

DEPARTMENT CIRCULAR NO.

03 9

TO

Undersecretaries / Assistant Secretaries The Prosecutor General The Chief State Counsel All Regional/Provincial/City Prosecutors in the National Prosecution Service All concerned Memorandum of Agreement between the Department of Justice and the Commission on Human Rights

SUBJECT

DATE

19 July 2012

Attached is a copy of Memorandum of Agreement dated 16 April 2012 between the Department of Justice (DOJ) and the Commission on Human Rights (CHR) which provides for the terms of cooperation in the investigation and prosecution of human rights cases. For guidance and information.

c:::::::::: Undersecretary

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KAGAWARAN NG KATARUNGAN Department of Justice Manila


LML-DC-12G 12-__

DEPARTMENT CIRCULAR NO.

_0_3_8_

TO

Undersecretaries / Assistant Secretaries The Prosecutor General The Chief State Counsel All Regional/Provincial/City Prosecutors in the National Prosecution Service All concerned Memorandum of Agreement between the Department of Justice and the Office of the Ombudsman 19 July 2012

SUBJECT

DATE

Attached for your information, is a copy of Memorandum of Agreement entered into by the Department of Justice and the Office of the Ombudsman on 29 March 2012 providing among others agreements on the following: 1. Clarifying jurisdiction in the conduct of preliminary investigation and inquest proceedings for complaints against public officers and employees; 2. Monitoring of cases and reporting; and 3. Coordination mechanism. Please be guided accordingly.
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03 July 2012
DEPARTMENT TO CIRCULAR NO.

037

Undersecretaries and Assistant Secretaries Chiefs of Service/Staff in the Office of the Secretary Regional! Provincial/ City Prosecution Offices All Heads of Bureaus, Commissions and Offices under the Department Observance of the 34th National Disability Prevention & Rehabilitation (NDPR) Week on July 17 - 23,2012

SUBJECT

In the interest of the service and upon the invitation of the National Council on Disability Affairs, you are hereby enjoined to extend support in the celebration of the 34th National Disability Prevention and Rehabilitation (NDPR) Week on July 17 - 23, 2012 with this year's theme "Mainstreaming
Persons with Disabilities in Economic Development".

Relative thereto, you are encouraged to come up with some activities and display of streamer in your respective offices to commemorate the said event. For information, guidance and appropriate action.

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KAGAWARAN NG KATARUNGAN
Department of Justice Manila

I:ML- DC-l 9F 12-

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DEPARTMENT CIRCULAR NO. To

03 5

Undersecretaries/ Assistant Secretaries Chiefs of Service/Staff in the Office of the Secretary Regional/City/Provincial Prosecution Offices All Heads of Bureaus, Commissions and Offices Attached to the Department 19 June 2012 Legal System Development Course

Date Subject

Attached is a copy of the letter of Assistant Secretary Ma. Theresa P. Lazaro, Office of Asian and Pacific Affairs, Department of Foreign Affairs (DFA), inviting nominees to the Legal System Development Course under the 2012 Training Program for Young Leaders (TPYL). The General Information on Training Program for Young Leaders is also attached for ready reference. Interested applicants may directly submit their application to the Training Program Section, Japan International Cooperation Agency (nCA) Office, 40th Floor, Yuchengco Tower, RCBC Plaza, Ayala Avenue, Makati City. The deadline for submission of the accomplished forms and other requirements i,sian 06"July~012._ For your mformatlOn and gUIdance. '-""".e.:'1'"
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Republika ng Pilipinas KAGAWARAN NG KATARUNGAN

Department of Justice Manila

LML-DC05FI2

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05 June 2012 DEPARTMENT CIRCULAR NO, TO

03 4

: Undersecretaries/Assistant Secretaries Chiefs of Service/Staff in the Office of the Secretary RegionaVCitylProvincial Prosecution Offices All Heads of Bureaus, Commissions and Offices attached to the Department

SUBJECT: Nomination to the Friedrich Naumann Foundation Freedom Project

Attached is a letter dated 23 May 2012 from the Friedrich Naumann Foundation for Freedom announcing the search for legislation, policies and programs that made an impact in the national or local scene, and translated the concept of freedom into practical ideas that engage the public, otherwise known as "The Freedom Project." The project aims to recognize outstanding initiatives that promote, safeguard and maximize the benefits of freedom. Nominations are until 31 July 2012 and can be made online at www.fuf.org.phlthefreedomproject. Presentation of selected entries will be on 06 September 2012. For more details, please contact (02) 8196086/87. For information and guidance.

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~p,ylme'\t of justICe eN : 0201206106

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Republika ng Pilipinas KAGAWARAN NG KATARUNGAN

Department of Justice Manila


LML-DC05FI2

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05 June 2012 DEPARTMENT CIRCULAR NO. TO :

03 3

Undersecretaries/Assistant Secretaries Chiefs of Service/Staff in the Office of the Secretary All Concerned 112thPhilippine Civil Service Anniversary (PCSA) Celebration in September 2012

SUBJECT:

In the interest of the service and upon the invitation from the Civil Service Commission, you are hereby enjoined to extend support to the 112th Philippine Civil Service Anniversary (PCSA) this September 2012 with this year's theme "Kawani, Ikaw ay Isang Lingkod Bayani!" Relative thereto, you are encouraged to participate in the fun run on September 8, 2012 at 5:00 a.m. at the Quirino Grandstand. Manila with a registration fee ofPhP150.00. Prizes will be given to the top three winners of the Men's and Women's categories in the 3K, 5K and 10K distances. Proceeds of the fun run will be placed in the Pondong Pamana ng Lingkod Bayan (PPLB) that will be administered by the Civil Service Commission for the benefit of the families of civil servants who die in line of duty. Participants may come in any attire they are most comfortable, provided it will be in any shade of blue.for proper identification. Those interested to join may enlist their names to the Personnel Division, this Department not"laterthan 15 June 2012. For infomiation, guidance and appropriate-action.

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Secretary
Department of Mtfce
eN: 0201206105

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KAGAWARAN NG KATARUNGAN Department of Justice Manila

LML-DC-4FI204 June 2012 DEPARTMENT CIRCULAR NO. SUBJECT:

03 2

SELECTION BOARD OF THE DEPARTMENT LEGISLATIVE LIAISON OFFICE

In the interest of service and pursuant to Civil Service Commission Memorandum Circular No, 18 dated 09 September 1998, the Selection Board for the Department Legislative Liaison Office (DLLO) is hereby reconstituted for the judicious and objective selection of qualified personnel for appointment in the career service, this Department: Chairman Members Assistant Secretary ZABEDIN M. AZIS Representative from the Office of the Secretary DOJEA Representative for the 1Sl/2nd level positions

This Order modifies Department Circular No. 85 s. 2010; takes effect immediately and shall remain in force until further orders. ,

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KAGAWARAN NG KATARUNGAN Department of Justice Manila


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DEPARTMENT CIRCULAR NO . TO

0:5 1

Undersecretaries and Assistant Secretaries, Heads ofServicesjOffices in the DOJ Proper, and Heads of Constituentj Attached Agencies PROJECTS AND ACTIVITIES WITH DEVELOPMENT PARTNERS

SUBJECT: DATE

01

June

2012

In line with the national and sector priorities of the government embodied in the President's Social Contract Agenda and the Philippine Development Plan (PDP), you are hereby directed to clear with the Office of the Secretary, through the Planning and Management Service, projects and activities with development partners/donors to ensure consistency with the Justice Sector Coordinating Council (JSCC) Roadmap and Plan of Action anchored on the DOJ Development Plan. With the Department's lead role in the Philippine Development Forum (PDF) Rule of Law Working Group, a coordinated approach to optimize resources, avoid duplication of efforts and an integrating methodology will address systemic issues of fragmentation and disjointed justice sector agencies.. This issu'ance shall serve as the implementing policy on the development assistance ftamework for sound planning, implementation, monitoring and evaluation.
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KAGAWARAN NG KATARUNGAN. Department of Justice Manila

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LML-DC-OIF12- ~

2012

DEPARTMENT CIRCULAR NO.

03 0

GUIDELINES ON TEACHING FOR OFFICERS AND EMPLOYEES IN THE DEPARTMENT AND ITS CONSTITUENT AND ATfACHED AGENCIES
1.

Rationale These Guidelines are formulated for implementation by the heads of the Department of Justice (DOJ), its constituent bureaus, offices and attached agencies, relative to the teaching of officers and employees. These provide the conditions for the grant of limited authority to teach and designate the appropriate reviewing and recommending authorities, as necessary.

2.

Statement of Policy As a general rule, public officers and employees shall devote their time, attention and skills to their offices or agencies to serve the paramount interest of the public. However, it is equally true that the professional advancement and the enhancement of the personal welfare of public officers and employees can be facilitated by the grant of limited authority to teach but not in any way detracting from their primary responsibility to render public service.

3. Legal Basis These Guidelines are in line with Republic Act No. 6713, otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees, Section 7 (b), paragraph 2 of which provides:

"Public officials and employees during their incumbency shall not x x x engage in the private practice of their profession .unless authorized by the Constitution or law, provided, that such practice >"ilInot conflict or tend to conflict with their official functions;"

Pursuant to the above provision of law, Section Revised Civil Service Rules, provides:

12,

Rule XVIII of the

"Section 12. No officer or employee shall engage directly or indirectly in any private business, vocation or profession or be connected with any commercial, credit, agricultural or industrial undertaking without a written permission from the head of the Department."

4. Coverage These Guidelines shall apply to all officers and employees of the DOJ, its constituent bureaus, offices and attached agencies.
5. Conditions

The request for authority to teach may be granted, provided:


5.1.

It shall not prejudice the discharge responsibilities of the officer or employee;

of the duties and

5.2. It shall not entail the use of government time or resources; 5.3. It shall not result in any potential or actual conflict of interest as regards the functions of the officer or employee;

5-4. The officer or employee making the request has been working in the DOJ for a period of at least one year; 5.5. Teaching load shall not be more than six units per semester or six hours per week and teaching hours shall not be earlier than 5:30 pm on regular workdays; and
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5.6. The officer or employee undertakes in writing that: 5.6.1. Daily attendance in the office and reporting for other assigned work will not be altered or affected; and 5.6.2. There is no backlog or delay in tasks and assignments and will not result to such including the resolution of cases. Requests for authority to teach shall be accompanied by an Undertaking (attached as Annex "A") duly signed by the official or employee embodying the commitments above. Such authority once approved shall be valid unless changes are requested for which a new authority shall be required. 6. Reviewing/Recommending and Approving Authority

The reviewing/recommending and approving authority for requests to teach shall be vested on the following officials: I
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Responsible Initiating Official

Reviewing/ Recommending Authority Official having direct supervISIOn

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Approving Authority

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Secretary of Justice

in the DOJ Proper; Heads and deputies or assistants of constituent and attached agencies; Regional, Provincial and City Prosecutors
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Officers and employees in constituent and attached agencies

Officers and employees in the Regional, Provincial and City Prosecution Offices

Official having direct supervision

Heads of offices

7. Revocation of Authority

It shall be the duty of the reviewing/recommending authority, or the approving authority, to monitor and periodically review the authorized outside engagement of the officers or employees concerned vis-a-vis their performance. Being a privilege, the authority may be revoked at any time in the exigency of the service specially when the performance of the concerned officer or employee is affected. 8. Sanctions The officers or employees authorized to teach pursuant to these Guidelines who shall neglect their obligations and responsibilities shall aside from forfeiting their authority, be proceeded against administratively in accordance with civil service rules. The authority so forfeited shall not be renewed. For guidance and compliance.
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KAGAWARAN NG KATARUNGAN Department of Justice Manila


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01 June 2012 DEPARTMENT TO CIRCULAR NO.

029

: Undersecretaries/Assistant Secretaries Chiefs of Service/Staff in the Office of the Secretary All Heads of Bureaus, Commissions and Offices under the Department Lee Kuan Yew School of Public Policy

SUBJECT:

Attached is an invitation from the Lee Kuan Yew Fellowship in partnership with Harvard Kennedy School or Columbia SIPA to senior officials for one (1) year full-time Master in Public Management programme (MPM) at the Lee Kuan Yew School of Public Policy, National University of Singapore. Interested applicants may send their application not later than 30 June 2012 to Lee Kuan Yew School of Public Policy, National University of Singapore, 469C Bukit Timah Road, Oei Tiong Ham Building, Singapore 259772. For further details, please visit Lee Kuan Yew School's website at www.lkyspp.nus.edu.sg or emaillkysppmpm@nus.edu.sg. For information and guidance .

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Department of Justice Manila

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18 May2012 DEPARTMENT CIRCULAR NO. TO

-D.2..B

: Unders~retaries/Assistant S~retaries Chiefs of Service/Staff in the Office of the Secretary All Heads of Bureaus, Commissions and Offices under the Department

SUBJECT: OBSERVANCE OF THE 38th NUTRITION MONTH

Attached is a letter dated 02 May 2012 from Assistant Secretary and Executive Director, National Nutrition Council Maria-Bemardita T. Flores, inviting this Department to participate in the celebration of the 38th Nutrition Month in July 2012 with the theme "Pagkain ng guJay ugaIiin, araw-araw itong ihain!" Relative thereto, enclosed are the suggested activities to be undertaken by your respective offices as part of your contribution to the celebration. For more information on the 38th Nutrition Month celebration, please call Ms. Malou Enteria and Ms. Renee Abgona of the National Nutrition Council at telefax number (02) 843-5388 or e-mail address nncinfo@nnc.gov.ph. For your guidance and appropriate action.
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LML-DC-26DI2-

26 April 2012 DEPARTMENT CIRCULAR NO. TO

02 6

: Undersecretaries/Assistant Secretaries Chiefs of Service/Staff in the Office of the Secretary Regional/City/Provincial Prosecution Offices All Heads of Bureaus, Commissions and Offices attached to the Department All concerned USE OF COMMEMORATIVE PLATES

SUBJECT:

In the interest of the service and in view of the rampant use of commemorative car plates by some government employees, everyone is hereby reminded to refrain from using the same without the original license plates. As a general rule, commemorative plates should be placed side by side or on top of the registered car plates issued by the Land Transportation Office (LTO) and strictly within the period allowed for its use. Moreover, while the use of special plates is authorized for both private and official vehicles, you are advised not to abuse the privilege and always respect traffic rules. For your guidance.
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DEPARTMENT CIRCULAR No. --To

025

APR

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All Concerned Collection of Legal Fees Pursuant R.A. No. 9279 and its IRR to

Subject

WHEREAS, Republic Act (R.A.) No. 9279 and its Implementing Rules and Regulations (IRR) allowed members of the National Prosecution Service in the Department of Justice to receive additional compensation in the form of special allowances sourced from any increase in fees and new fees actually collected by the National Prosecution Service after May 16, 2004, the effectivity of R.A. No. 9279; WHEREAS, the Department of Justice issued several circulars to implement the provisions of R.A. No. 9279 and its IRR, to wit: a. Depan6pent Circular (D.C.) No. 42 dated September 14, 2004 '(Collection of Legal Fees by the National Prosecution Service); b. D.C. No. 63 dated November 16, 2004 (Guidelines in the Assessment and Collection of Legal Fees Pursuant to R.A. No. 9279 and its Implementing Rules and Regulations); c. D.C. No. 59 dated November 3, 2004 (Amendment of Department Circular No. 70, Series of 2000, Otherwise Known as the 2000 NPS Rule on Appeal); and d. D.C. No. 59 dated July 4, 2007 (Duties and Responsibilities of Regional/City/Provincial Prosecutors in the Implementation of Republic Act No. 9279); WHEREAS, Section 20 of R.A. No. 10071 (Strengthening and Rationalizing the National Prosecution Service) provides that "the special allowances granted to the members of the National Prosecution Service under Republic Act No. 9279 shall continue to be given .to them subject to the provisions hereof: Provided, however, that the amount not supported by the funding source

~edfied

;n Section 3 theeeo! to complete the equivalent of

hundred percent (100%) of the basic salary shall be paid through appropriations included in the budget of the DOJ: Provided, further, That when the amount being supported by the said funding source shall have been also included in the General Appropriations, the fees authorized under said Section 3 shall no longer be collected;" WHEREAS, it appearing that 100% of the basic salary of prosecutors under R.A. No. 6758 otherwise known as the Salary Standardization Law, as amended, has already been reached, Section 20 of R.A. No. 10071 mandates that the fees authorized to be collected under R.A No. 9279 shall no longer be collected; In view of the foregoing, it is hereby DIRECTED that: 1. Department Circular No. 42 and related circulars, supra, are hereby REVOKED effective immediately; 2. All assessment clerks and collection officers under the National Prosecution Service shall forthwith CEASE AND DESIST from assessing and collecting legal fees stated in the above-mentioned circulars.

This Circular takes effect immediately and remains in force until further orders.

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eN: 0201204133

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LML-DC-19C12-

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DEPARTMENT CIRCULAR NO. ----SUBJECT: UNIFORM GUIDELINES FOR PROCESSING APPLICATIONS AND REQUESTS RELATIVE TO SPECIAL NON-IMMIGRANT VISAS UNDER SECTION 47(A)(2) OF COMMONWEALTH ACT NO. 613, AS AMENDED ,APR 0 3 2012

DATE

WHEREAS, 'Section 47 (a) of Commonwealth Act (CA) No. 613,

as amended, known as the Philippine Immigration Act of 1940, authorizes the President, in cases where public interest so warrants and under such conditions as may be prescribed, to waive immigration requirements and admit as non-immigrants, aliens who are coming to the country for a temporary period only;
WHEREAS, Administrative Order (AO) No. 142, s. 1994, issued

pursuant to the President's continuing authority under Section 31(2), Chapter 10, Title III, Book III of Executive Order (EO) No. 292 s. 1987, ,known as the Administrative Code 011987, transferred to the Secretary of Justice or his duly authorized representative, all actions on immigration matters, including waiver of visas and admission of aliens, except deportation matters;

, WHEREAS, Department Circular (DC) No. 35 s. 2009 designated

the Chief State Counsel as the authorized signatory of Special Non~Immigrant Visas under Section 47(a)(2) of CA No. 613, as amended (47[a][2] Visas);
WHEREAS, there is a need for the) Department to consolidate

and adopt uniform guidelines for the judicious and efficient processing

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disposition of.pplication~ :eqnestsrel.tiveto 47(')( 2) visas; .nd

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NOW, THEREFORE, pursuant to the prOVISIOnsof existing laws, the following Guidelines are hereby promulgated: Section
1.

Persons Eligible to Applyfor

47(a)(2) Visas.-

Unless expressly excluded from entering the Philippines under Section 29 of CA No. 613, as amended, foreign nationals falling under the following categories may be issued 47(a)(2) visas: (a) Those employed as executives, supervisors, specialists, consultants, contractors or personal staff at enterprises registered with Export/Special Economic Processing Zones, Philippine Economic Zone Authority (PEZA), Board of Investments (BOI), or Authority of the Freeport Area of Bataan (AFAB); (b) Those employed in enterprises that have existing agreement/s with the government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, for the completion of a project; (c) Exchange professors, scholars, trainees, participants, students, fellows and social workers under sponsorship of locally or internationally recognized educational, scientific, cultural, relief and charitable organizations, institutions, agencies or foundations, including representatives of non-recognized foreign governments to any of the aforementioned organizations, institutions, agencies or foundations; (d) Volunteers who are registered with the Philippine National Volunteer Service Coordinating Agency (PNVSCA), including foreign personnel of international rescue/aid organizations providing assistance on occasion of natural disasters and . . major emergencIes; (e) Dependents of foreign nationals covered under any of the foregoing categories;
(t) Those who, upon application, were approved by the President

or by this Department to be eligible to apply for 47(a)(2) visas, consistent with the provisions of CANo. 613, as amended.

Page 2 of 15

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Section 2. Foreign Nationals Granted 47(a)(2) Visas by Philippine Embassies and Consulates abroad.-Foreign nationals in whose favor the Philippine Embassy or Consulate abroad has issued 47(a)(2) visas that are valid for single entry and have no fixed period of validity, shall file an application under Section 4 hereof for purposes of fixing the duration of their authorized stay in the Philippines; PROVIDED That, foreign volunteers registered with PNVSCAand in whose favor the Philippine Embassy/Consulate abroad has issued 47(a)(2) visas shall be exempt from this requirement. Section 3. Direct Issuance of 47(a)(2) Visas to Foreign Nationals Abroad. -Foreign nationals abroad may be directly issued by the Department with 47(a)(2) visas upon the submission of an application and supporting documents required under Section 4 hereof, enclosing therewith a copy of their passport, duly-authenticated by the Philippine Embassy/Consulate abroad, which passport should be valid for a period of at least six (6) months at the time of the filing of the application. Applications for issuance of 47(a)(2) visas to foreign nationals abroad shall be filed at least two (2) months prior to the estimated date of arrival in the Philippines of such foreign nationals. Section 4. Documentary Requirements for Change of Admission Status.-Applicants for change of admission status under Section lea), (b), (c), (d), and (f), and Sections 2 and 3 of these Guidelines, shall comply with the following documentary requirements:
A. Executives,

supervisors, specialists, consultants, contractors, personal staff of enterprises registered with SEZ, PEZA, BOI, or AFAR, and those employed in enterprises that have existing agreement/s with the government, or any subdivision, agency, or instrumentality thereof, including governmentowned or controlled corporations (GOCC)or their subsidiaries, for the completion of a project.- The application shall consist of the following documents: Duly accomplished and notarized Department of Justice (DOJ) General Application Form and Checklist

1.

Page 3 of 15

2. Sworn Certification and Undertaking executed by the sponsor company stating that:
1.

The foreign national subject of the application is being admitted to the Philippines pursuant to a contract entered into by the former with a government office, agency or subdivision, or with a private firm; The employment of the foreign national is required in the operation of the company, with an indication of the number and nationality of other personnel employed in the same category as that of the foreign national; The foreign national has no derogatory record or pending case against him in his domicile, in the Philippines, or in any other country where the foreign national has resided for the past five (5) years; In cases where the application is for the issuance of a 47(a)(2) visa whose period of validity exceeds one (1) year, the sponsor company shall comply with the monitoring requirements provided under these Guidelines;

11.

lll.

IV.

v. The sponsor company shall secure clearance from PEZA, SEZ, BOI, AFAE,or the appropriate government agency, whichever is applicable, before allowing the foreign national subject of the application to transfer employment to any company and/or take up any additional employment; and
VI.

The sponsor company shall notify the DOJ, copy furnished the PEZA, SEZ, BOI, AFAB, or the appropriate government agency, whichever is applicable, within three (3) days from termination of employment of the foreign national

3. Favorable recommendation by the PEZA, SEZ, BOI, AFAE, or appropriate government office or agency, as the case maybe 4. Copies of the following documents:

Page 4 of 15

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1.

Passport of the foreign national, which should be valid for a period of at least six (6) months at the time of filing of the application, showing the admission stamp and period of authorized stay Sponsor company's Certificate of Registration issued by the appropriate government agency, if engaged in business In case the sponsor company is an enterprise engaged in a project with a government agency, subdivision, instrumentality, or GOCCs and their subsidiaries, the Contract or Agreement between the sponsor company of the foreign national subject of the application and the government office, agency or subdivision, or GOCC and their subsidiaries Contract of Employment or Agreement between the foreign national subject of the application and the sponsor company, or a Secretary's Certification of the foreign national's employment within the sponsor company

II.

Ill.

IV.

B. Exchange professors, fellows, students, scholars, participants, volunteers and social workers under sponsorship of recognized local or international educational scientific, cultural, relief and .charitable organizations, institutions, agencies or foundations, and representatives of non-recognized foreign governments to recognized international organizations, and those falling within the category of Section 1(f) of these Guidelines.- The
application shall consist of the following documents:
1.

Duly

accomplished

and

notarized

DOJ

General

Application Form and Checklist


2.

Sworn Certification and Undertaking executed by the sponsor organization, institution, agency or foundation stating that:

Page 5 of 15

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The foreign national has no derogatory record or pending case against him/her in his/her domicile, in the Philippines, or in any other country where he/she has resided for the past five (5) years; applied for exceeds one (1) year, the sponsor organization, institution, agency or foundation shall comply with the monitoring requirements provided under these Guidelines; and

ii. In cases where the period of validity ofthe 47(a)(2) visa

iii.The sponsor organization, institution, agency or foundation shall notify the DOJ within three (3) days from termination of the program/ scholarship/ studies of the foreign national. 3. Copies of the following documents:
I.

Passport of the foreign national, which should be valid for a period of at least six (6) months at the time of filing of the application, showing the admission stamp, period of authorized stay, and when required, re-entry permit to port of embarkation or country of origin

ii. For local organizations, institutions, agencies or foundations, their Certificate of Registration issued by the appropriate government agency
111.

Contract or agreement between the local sponsor and the foreign national, if any Appointment of the foreign national by the host or receiving orgariization, institution or foundation

IV.

v. Acceptance of Appointment signed by the subject foreign national


C. Volunteers registered with the PNVSCA.-For foreign

nationals already in the Philippines who have been approved for volunteer assignment by PNVSCA, the application shall consist of the following documents:

Page 6 of 15

1.

Duly accomplished and notarized Application Form and Checklist Recommendation PNVSCA

DOJ

General from the

2.

or favorable endorsement

3. Sworn Certification and Undertaking executed by the sponsor organization, institution, agency or foundation stating that:
1.

The foreign national has no derogatory record or pending case against him/her in his/her domicile, in the Philippines, or in any other country where he/she has resided for the past five (5) years; and

n. The sponsor organization, institution, agency or foundation shall notify the DOJ, copy furnished the PNVSCA,within three (3) days from termination of the volunteer assignment of the foreign national. 4. Copies of the following documents:
1.

Passport of the foreign national, which should be valid for a period of at least six (6) months at the time of filing of the application, showing the admission stamp, period of authorized stay, and when required, re-entry permit to port of embarkation or country of origin Contract or agreement between the local sponsor and the foreign national, if any Appointment of the foreign national by the host or receiving organization, institution or foundation Acceptance of Appointment signed by the subject foreign national

n.

lll.

IV.

Section 5. Dependents.-The dependent spouse and/or unmarried minor child/ren of the foreign national covered under Section 4 hereof, including those children born during the period of the latter's .WaUthOriZed stay, may apply for change of admission status or inclusion as

1])

Page 7 of 15

dependents under Section lee) of these Guidelines, subject to the following:


(A) Change of Admission Status of Dependents.-Upon

valid entry into the Philippines and during the period of their authorized stay, the spouse and/or unmarried minor child/ren of foreign nationals covered under Section 4 hereof may be applied for change of admission status, either separately or jointly with that of the principal foreign national, as follows:
I. Separate Application:

a. Duly notarized letter request signed by the sponsor, company, organization, institution, agency or foundation, and conformed to by the foreign national, his/her spouse and/or unmarried minor children b. Sworn affidavit executed by the sponsor, company, organization, institution, agency or foundation indicating that:
I.

The dependent/s shall be guaranteed support and return fare, with attached proof of financial capacity for the said purpose; The dependent/s have no derogatory record or pending case in his/her domicile, in the Philippines, or in any other country where he/she has resided for the past five (5) years;

ll.

c. Copies of the followingdocuments:


1.

Documentary 'requirements and visa pertaining to the principal foreign national

approval

ll.

Valid passport of the dependent spouse and/or unmarried minor child/ren Marriage contract with the dependent spouse Birth certificate/s of dependent unmarried mmor child/ren

Ill.

IV.

Page 8 of 15

II. Joint application with that of the Principal-By including the documentary requirements under Section 5 (A) (I)(b) and (c) hereof, with those of the principal foreign national under Section 4 of these Guidelines.
(B)

Inclusion of Dependents.-Child/ren born in the Philippines to the foreign national during the period of the latter's authorized stay pursuant to an existing 47 (a) 2 visa may be applied for inclusion as dependent/s under Section lee) hereof, by submitting the following documents: a. Duly notarized letter request signed by the sponsor, company, organization, institution, agency or foundation, and conformed to by the foreign national b. Sworn affidavit executed by the sponsor, company, organization, institution, agency or foundation indicating .that the dependentjs shall be guaranteed support and fare, with attached proof of financial capacity for the said purpose c. Copies of the following documents:
I.

Documentary requirements and visa pertaining to the principal foreign national

approval

ll.

Copy of the DOJ indorsement of the principal foreign national Valid passport and Birth Certificate of the dependent child/ren born in the Philippines

Ill.

Section 6. Extension of 47(a)(2) Visas.-Foreign nationals with existing 47(a)(2) visas may, through their original sponsor company, organization, institution, agency or foundation, submit an application for the extension thereof by complying with the applicable documentary requirements under Section 4 of these Guidelines. Requests for extension of 47(a)(2) visas issued in favor of dependents shall be included in the application of the principal foreign national.

Page 9 of 15

.,

All applications for the extension of 47(a)(2) visas issued pursuant to DOJ approval shall be accompanied by a copy of the previous DOJ indorsement. Section 7. Implementation and Revalidation of DOJ approval.-In cases where the issuance or extension of 47(a)(2) visa was not implemented after DOJ approval, the sponsor company, organization, institution, agency or foundation may request for visa implementation or revalidation, as the case may be, by submitting the following documents:
1.

A duly notarized letter request for visa implementation or revalidation, stating the reason/s why the visa was not properly implemented

2. A copy of the previously submitted DOJ General Application Form and Checklist and other documentary requirements upon which the DOJ approval for the issuance of visa was based 3. Passport of the foreign national, which should be valid for a period of at least six (6) months at the time of filing, showing the admission stamp and period of authorized stay 4. Original DOJ indorsement approval. Section 8. Verification by the Legal Staff.-The Office of the Legal Staff (OLS) shall require the presentation of the original of the documents that are required to be submitted under Section 4(AJ4, Section 4(B)3, Section 4(C)4, Section S(A)I(c), and Section S(B)c of these Guidelines, for purposes of verifying the copies attached to the application or request; PROVIDED That, in lieu of verification, the applicant may submit the original or certified true copies of the aforesaid documentary requirements together with the application or request; PROVIDED FURTHER That, the original passport shall in all cases be presented for OLS verification, with the exception of applications that have been duly certified, recommended, indorsed and filed with the OLS by the PEZA, BOI, AFAB, or PNVSCA,as the case may be. Section 9. Translation into the English Language.-In case of documents that are in a language other than English, the OLS

Page 10 of 15

',

..

shall require the submission of its official written translation into the English language duly-authenticated by the Department of Foreign Affairs or its Philippine Embassies/Consulates.

Section 1.0. Periods for Filing Applications and Requests.-Applications and requests under Sections 2, 3, 4, 5 and 6 of
these Guidelines shall be filed at the OLS within the following periods:

a. For the extension and fixing of duration of 47(a)(2) visas issued by Philippine Embassies and Consulates abroad under Section 2.-The application shall be filed within ten (10)
working days from the arrival of the foreign national in the Philippines. b. For direct issuance of 47(a)(2) Visas to Foreign Nationals Abroad under Section 3. - The application shall be filed at least two (2) months prior to the intended entry or stay of the foreign national in the Philippines. c. For change of admission status under Sections 4 and S(A).The application shall be filed at least fifteen (15) working days before the expiration of the entry visa. d. For inclusion of dependent/s under Section S(B).-The application shall be filed within a reasonable time during the principal's authorized stay. e. For extension of 47(a)(2) Visas under Section 6.-The application shall be filed at least one (1) month prior to visa expiration. f. For implementation and revalidation of DOJ approval under Section 7.-The request shall be filed within ten (10) days after the arrival of the foreign national in the Philippines.

Section Applications

Uniform Procedure for Processing and Requests Relative to 47(a)(2) Visas.H.

b)

Applications submitted in accordance with the provisions Guidelines shall be processed as follows:

of these

Page 11 of 15

," ',

..
1.

Submission of General Application Form and Checklist, and Supporting Documents.-The sponsor company,

organization, institution, agency or foundation shall submit, in behalf of the foreign national, two (2) copies of the duly accomplished General Application Form and Checklist, together with all the requisite supporting documents, to the OLS.
2.

Verification of Application and Supporting Documents; Issuance of Order of Payment.-Upon receipt of the

application, the OLS, through the State Counsel duly designated as Officer-of-the-Day (OD), shall ascertain the completeness of the application, verify its supporting documents, and certify that the application is complete and compliant with these Guidelines. The OLS shall issue an Order of Payment for the payment of legal fees in accordance with Section 15 of these Guidelines. An Order of Payment shall be issued only for applications that are complete in all documentary requirements as expressly certified by the OD. Applications with incomplete or unverified documentary requirements shall be returned without action.
3. Payment

payment of the legal fees as indicated in the Order of Payment shall be made to the DOJ Cashier. Upon receipt thereof, the DOJ Cashier shall (a) issue the Official Receipt (OR) to the filer, and (b), and retain the Order of Payment for the DOJ Cashier files.

of Legal Fees.-Full

The OLS shall (a) require presentation of the original OR, (b) ensure that a duplicate copy of the OR is attached to the application, and (c) forward the application complete with all documentary requirements to the evaluating State Counsel. No application shall be accepted as filed pursuant to Section 10 hereof, or otherwise processed, without proof that the legal fees have been paid.

4. Evaluating,

A State Counsel shall evaluate the application and submit his/her recommendations thereon to the Assistant Chief State Counsel.
Recommendation

and Review.-

Page 12 of 15

The Assistant Chief State Counsel shall then review, finalize and submit the draft action document to the Chief State Counsel as the designated authorized signatory under DC 35 s. 2009. Pending departmental action on the application, the names and identities of the evaluating State Counsel and reviewing Assistant Chief State Counsel shall not be disclosed.
5. Deparhnental

Action; Implementation.From the Assistant Chief State Counsel's submission, the Chief State Counselor such other senior DOJ official designated by the Secretary of Justice shall issue the appropriate departmental action on the application. Within two (2) days from its issuance, the departmental action shall be transmitted to the Bureau of Immigration for immediate implementation.

Section 12. Validity of 47(a)(2) Visa.-A 47(a)(2) visa issued pursuant to these Guidelines shall be valid for a fixed period not exceeding three (3) years; PROVIDED That the period so granted shall be justified on grounds not exceeding the term of employment/ assignment/studies/scholarship of the foreign national as stated under his Contract of Employment/ Certificate of Appointment or such other similar circumstances; PROVIDED FURTHER that the employment/ assignment/studies/ scholarship of the foreign national is not sooner terminated. Such visas shall not be valid for purposes other than that specified in the DOJ indorsement approval, and may be extended at the discretion of the DOJ under Section 6 hereof. , Section 13. Monitoring. - For purposes of monitoring foreign nationals whose 47(a)(2) visas are valid for a period exceeding one (1) year, the sponsor company, organization, institution, agency or foundation shall, within one month after the end of each calendar year, submit with the 018 a sworn certification indicating the number and names of their foreign employees/ professors/ fellows/ students/ scholars/ volunteers/ social workers who have been issued 47(a)(2) visas during the year, as well as the date of the DOJ indorsement and the corresponding expiration date of the foreign nationals' 47(a)(2) visas; PROVIDED That for PEZA, BOI, or AFAE-registered companies, and

1j

PNVSCA-reg;,;t",edvoluntw o.-ganizations,the certifica:::

1~::5

be

....

,'
"

. '.

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..

..

accompanied by a favorable endorsement from the PEZA, BOI, AFAB,or PNVSCA,as the case may be. In all instances, the sponsor company, organization, institution, agency or foundation shall notify the DOJ within three (3) days from termination of the employment/ assignment/ scholarship/ studies of the foreign national, copy furnished the appropriate government agency pursuant to Section 4(A)(2)(vi), Section 4(B)(2)(iii), Section 4(C)(3)(ii) of these Guidelines. Section 14. Rates of Legal Fees.-Processing fees at the following rates shall be assessed and collected for each foreign national and/or dependent subject of the application filed pursuant to these Guidelines: a. Change of admission status; fixing of duration of validity period of 47(a)(2) visas issued by Philippine Embassies and Consulates; and direct issuance of 47(a)(2) visas to foreign nationals abroad b. For inclusion of dependent/s c. For extension of 47(a)(2) visa d. For implementation / revalidation

P2,500.00 for year of validity - P2,500.00 for year of validity - P2,500.00 for year of validity P2,500.00

each each each

For all applications, an additional legal research fee of P25.00 for every foreign national and/or dependent subject of the application and for each year of 47(a) (2) visa validity shall be charged. Section 15. Separability Clause; Construction.-If any provision of these Guidelines is declared invalid or unconstitutional, the provisions not so affected thereby shall continue in force and effect. Nothing in these Guidelines shall be construed to limit the authority of the Secretary of Justice over immigration matters as provided under existing laws and presidential issuances.

Page 14 of 15

"'(

"

'. '

Section 16. Repealing Clause.-Other orders, circulars, instructions, directives and memoranda inconsistent herewith are hereby amended, repealed or modified accordingly. Section 17. Effectivity.-These Guidelines shall take effect fifteen (15) days after the completion of its publication in at least two (2) newspapers of general circulation. Copies of these Guidelines shall likewise be filed at the UP Law Center, UP Complex, Diliman, Quezon City.

L~~~

Secretary { .
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DeP5"tment of Justice
eN: 02012.04048

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KAGAWARAN NG KATARUNGAN Department of Justice Manila

LML-DC-28C12

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, 28 March 2012 DEPARTMENT TO CIRCULAR NO.

02 3

: Undersecretaries and Assistant Secretaries Chief of Service/Staff in the Office of the Secretary Regional/City/Provincial Prosecution Offices : Philippine Red Cross Membership Program

SUBJECT

Attached is a letter dated 27 February 2012 from the Secretary General, Philippine Red Cross (PRC) encouraging government agencies to support the Red Cross Membership Program. The program aims to promote social responsibility member access to all services of the Red Cross, and give the

Enclosed is the membership annual premium and coverage schemes to be chosen, Those interested may issue authority to deduct their preferred contributions thru payroll deduction to be submitted to the Personnel Division, this Department for transmittal to PRC. For appropriate action.

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Secretar;f'
o.p"trnent of Juo;"'. . ~

eN : 0201204036

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Republika ng Pilipinas

KAGAWARAN NG KATARUNGAN Department of Justice Manila


LML-DC28CI2-035

28 March 2012 DEPARTMENT CIRCULAR NO .. TO

02 2

: Undersecretaries/Assistant Secretaries Chiefs of Service/Staff in the Office of the Secretary All Heads of Bureaus, Commissions and Offices attached to the Department Support to the Coconut Sap Sugar

SUBJECT:

Attached is a letter dated 21 February 2012 from the Administrator, Philippine Coconut Authority, Department of Agriculture encouraging this Department to showcase the Coconut Sap Sugar in its various events/affairs such as in meetings/conferences/conventions and trainings/seminars/workshops. The Coconut Sap Sugar, also and real natural product with simple additives. Using coco sugar will farmers augment their farm incomes economy. known as Coco Sugar, is a healthy processing without any chemicals or help our country's lowly coconut and also help improve the country's

For more detailed information, please contact the Office of the Administrator at telephone numbers 927-8706 and 927-8116. For guidance/appropriate action.

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?CV~1~ED

Republika ng Pilipinas

KAGAWA RAN NG KATARUNGAN Department of Justice Manila

14 March 2012 . DEPARTMENT CIRCULAR NO.

02 1

TO

Undersecretaries/ Assistant Secretaries Chiefs of Service/Staff in the Office of the Secretary Regional/CitylProvincial Prosecution Offices All Heads of Bureaus, Commissions and Offices attached to the Department 2012 Search for Outstanding Public Officials and Employees

SUBJECT

Attached is a letter dated 07 March 2012 from the Civil Service Commission announcing its 2012 Search for Outstanding Public Officials and Employees conducted under the auspices of the Honor Awards Program (HAP). The conferment of these awards, the Presidential Lingkod Bayan Award and the Civil Service Commssion Pagasa Award, both for outstanding work performance; and the Outstanding Public Official and Employee or the Dangal ng Bayan Award for exemplary conduct and ethical behavior is the highlight of the annual celebration of the Philippine Civil Service Anniversary in September. Group nominations for Presidential Lingkod Bayan and the Civil Service Commission Pagasa Awards are encouraged. Guidelines and nomination forms may be downloaded from the website www.csc.gov.ph. For further details, coordinate with the HAP Secretariat through telephone numbers 931-7993 and 932-0381; facsimile number 932-0179; CSC Hotline 932-0 III and TextCSC 09178398272 or at email address hapsecretariat@yahoo.com and paio@webmail.gov.ph@csc.gov.ph or paio@csc.gov.ph. Deadline for submission of nominat'ions shall not be later than April 30, 2012. For your information and guidance.

Li~ If
Secretary
Department of Justice eN: 0201203332

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Republika ng Pilipinas

KAGAWARAN NG KATARUNGAN Department of Justice Manila

LML-DC14CI2

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14 March 2012 DEPARTMENT CIRCULAR NO.

02 0
,

TO

Undersecretaries/ Assistant Secretaries Chiefs of Service/Staff in the Office of the Secretary Regional/City/Provincial Prosecution Offices All Heads of Bureaus, Commissions and Offices attached to the Department Australia Awards for Development 2013

SUBJECT

Attached is the invitation from the Australian Embassy, Manila announcing its scholarship program Australia Awards for Development 2013. The scholarship program provides opportunities for current and future Filipino leaders to further their education, enhance their leadership skills and build their professional and personal networks through study in Australia's world-class universities .. Applications are open until 30 April 2012. Further information is available at www.pahrodf.org.ph. or you may contact Mr. Rod Sollesta, AusAID Portfolio Manager for Organisational Development and Scholarships at telephone number (02) 863-2180 or at e-mail address rod.sollesta@ausaid.gov.au. For your information and guidance.

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Secretary ~

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Department of Justice eN. 0201203331

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KAGAWARAN NG KATARUNGAN Department of Justice


Manila

LML-DC-29B12-

Q!r)

February

29, 2012

DEPARTMENT CIRCULAR NO.


SUBJECT

019_

CY 2012-2013 DOJ ANNUAL PLANS AND CY 2011-2016 DEVELOPMENT PLAN

As a result of the planning activities of the Department and in line with the Social Contract Agenda and the Philippine Development Plan, the following' attached documents are hereby approved and' adopted as reference/basis for programming, budgeting, implementation, monitoring, evaluation and strategic partnerships:
1. 2. 3.

CY 2012-2013 DOJ Annual Plan CY 2012-2013 Priority Projects and Activities CY 2011-2016 DOJ Development Plan' ' a. Full narrative b. Strategy Matrix c. Results Matrix d. Budget Matrix
\

For implementation, guidance and reference of all concerned.

Enclosures: As stated

Republika ng Pilipinas KAGAWARAN NG KATARUNGAN Department of Justice Manila

LML-DC-22B12-028

7 March

2012

DEPAR~ENTCIRCULARNO.
SUBJECT:

01 8

REVIEW AND APPROVAL OF CONTRACTS,

PURCHASE ORDERS AND JOB ORDERS


Pursuant to the power of control and/or supervision of the Secretary of Justice over its attached bureaus and agencies, the . Department's policy on the review and approval of contracts, purchase orders and job orders is hereby reiterated, as embodied in DOJ Department Circular No. 34 dated 31 May 2001, providing for the "Delegation of Authority/Delineation of Functions and Signing Authorities for Official Matters in the Department of Justice". Accordingly, the following rules for the approval of (1) purchase orders for supplies, materials and equipment; (2) job orders/contracts for non-infrastructure repair works; and (3) contracts for security, janitorial and other services, awarded through public bidding or other modes procurement, are restated herein for the guidance of all concerned:
1.

For contracts, purchase orders and job orders amounting to FIVE HUNDRED THOUSAND PESOS (Php 500,000.00) and below, the approving and signing authority is vested with the Agency Head; For contracts, purchase orders and job orders amounting to more than FIVE HUNDRED THOUSAND PESOS (Php 500,000.00) but not exceeding TWO MILLION PESOS (Php 2,000,000.00), the approving and signing authority is
~ ......

2.

,.
,

vested with the Undersecretary-in-Charge of Administration and Finance, subject to the prior review and recommendation of the Technical Staff and the concurrence of Undersecretary-in-Charge of the Technical Staff; 3. For contracts, purchase orders and job orders amounting to more than TWO MILLION PESOS (Php 2,000,000.00), the approving and signing authority is vested with the Secretary of Justice, subject to the prior review and recommendation of the Technical Staff and the concurrence of the Undersecretary-in-Charge of the Technical Staff.

For strict compliance.

L~~~

Secretary

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..
Republika ng Pilipinas

KAGAWARAN

NG KATARUNGAN

Department of Justice Manila

LML-DC09C 12

09 March 2D12 DEPARTMENT CIRCULAR NO.

017

TO

Undersecretaries/Assistant Secretaries Chiefs of Service/Staff in the Office of the Secretary All Heads of Bureaus, Commissions and Offices attached to the Department 2013-2014 Hubert H. Humphrey Fellowship Program

SUBJECT:

'. '

The Philippine-American Educational Foundation (PAEF) invites interested applicants to the 2013-2014 Hubert H. Humphrey Fellowship Program in the United States. The Humphrey Program brings accomplished professionals from developing countries to the United States for ten (10) months of study and related practical professional experiences in any of the following areas:
Agricultural and rural development; Communications/journalism; Economic development; Finance and banking; Educational administration, planning and policy; Higher Education Administration; HIV/IDS policy and prevention; Human resource management; Law and human rights; Natural Resources, environmental policy and climate change; Public health policy and management; Public policy analysis and public administration; Substance abuse education, treatment and prevention; Teaching of English as a Foreign Language; Technology policy and management; Trafficking in persons, policy and prevention; Urban and regional planning. .

...:.-

.
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Application forms and information materials may be obtained from the PAEF office at the 10th Floor, Ayala Life"FGU Center, 6811 Ayala Avenue, Makati City and can also be downloaded from the PAEF website www.fulbright.org.ph. Completed applications shall be forwarded directly to the PAEF on or before June 1,2012. For information, guidance and appropriate action.

~~~

LEILA M. DE LIMA Secretary

Depmtrrlt'nt of Justice eN: 0201203259

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Republika ng Pilipinas

KAGAWARAN NG KATARUNGAN Department of Justice Manila

LML-DC-29B12-026

29

February

2012

DEPARTMENT CIRCULAR NO.


TO
SUBJECT:

_-0_1_5

All Heads of Bureaus, Commissions and Offices, this Department


2012

DOJ Inter-Agency Sportsfest

In the spirit of unity and camaraderie, and to promote sportsmanship, physical and mental fitness among the personnel of the Department of Justice, the. 2012 Inter-Agency Sportsfest is hereby instituted to commence gn 24 April 2012 and culminate on 27 May 2012 .

DOJ Agencies are enjoined to participate in all activities of the Sportsfest which shall be on official time/business. Each agency shall shoulder the expenses of its teams, but other expenses for overall operations will be shouldered by the DOJ proper, subject to the availability of funds and the usual accounting and auditing requirements.

. , LJt~ .
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Secretary
Depar~nt of justice eN; 0201203113

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Republika ng Pilipinas KAGAWARAN NG KATARUNGAN

Department of Justice Manila


LML-DCI5BI2 -020

~15 February 2012

DEPARTMENT CIRCULAR NO. TO

014 -

: Undersecretaries/Assistant Secretaries Chiefs of Service/Staff in the Office of the Secretary All Heads of Bureaus, Commissions and Offices attached to the Department Photo

SUBJECT: Invitation to the FNF acCLICKmatize Contest

Attached is a letter dated 30 January 2012 from the Friedrich Naumann Foundation for Freedom (FNF) inviting participants to the acCLICKmatize photo contest. The "acCLICKmatize" is a photo contest recently launched by the FNF together with the Office of the Presidential Adviser on Environmental Protection and the Laguna Lake Development Authority (LLDA)to identify adaptive measures to climate change which could raise awareness and possiblybuild adaptive capacities. The contest runs from January 17 to March 2, 2012. Top photos will receive cash prizes and shall be part of the exhibit at the end of March 2012. For the complete contest mechanics, please visit website: www.fnf.org.ph/climatechange or you may call Mr. Jury Peralta at 8166086/87 or email ph climatechange@fnst.org. For inforI]lj!P-on ndgUidanC'l a
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Secretary
DePllI'lml!f'lt of Justtee eN : 0201202369

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Republika ng Pilipinas

KAGAWARAN NG KATARUNGAN Department of Justice Manila


LML-DC-20A12-8oS

DEPARTMENT

CIRCULAR NO.

01 3

Subject

Guidelines to Efficiently Release Inmates Whose Maximum Period of Penalty Has Expired or About to Expire
20

Date
WHEREAS,

January

2012

Section 1 Article III of the 1987 Constitution provides that "No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws";
WHEREAS, the continued confinement of inmates in our

prison facilities beyond his/her prison sentence constitutes deprivation of liberty contemplated under the above-mentioned Constitutional provision; there recommendations for release approval of the Secretary sometimes years beyond the in the prison records;
WHEREAS,

are numerous instances wherein of inmates have been submitted for the of Justice days, weeks, months and maximum period of sentence appearing

WHEREAS, justice dictates that prisoners shall be promptly

released on the day indicated in their prison records as their expiration of sentence;
NOW, THEREFORE, pursuant to the provisions of existing

laws and to effectively facilitate the release of inmates with expired and/or expiring sentence, the following are hereby DIRECTED: Procedure in the Bureau of Corrections (BuCor)

16

1.

The BUREAU OF CORRECTIONS (BuCor, for brevity) shall conduct a full inventory of inmates'

expiration of sentence beginning with the next preceding month, and thereafter, complete the inventory and projection of inmates' sentence which are set to expire this year (2012);
2.

The BuCor shall thereafter conduct a continuing review and inventory of inmates with expired and/or expiring sentence with the end view of expediting their release from prison.

3. The recommendation of the BuCor to be submitted shall contain all the documents necessary for the Department to effectivelyreview the recommendation, which shall include, but not be limited to: (a) the prisoner's synopsis of prison record; (b) the recommendation from the document section that his case has been reviewed; and ( c ) certification of no pending case and of no pending appeal; 4. Exempted from the coverage of this Circular are expired sentences of prisoners who have appealed their conviction to the Supreme Court or the Court of Appeals. Nevertheless, it shall be the duty of the BuCor to inform the Court, through the Department of Justice, that the inmate's sentence has expired, more specifically in cases where the sentenced imposed upon the prisoner is the maximum imposable penalty on the offense committed. 5. In case the inmate withdraws his appeal and per the BuCor's record his sentence has expired, his case shall be immediately referred / forwarded to the Department for appropriate action. 6. The recommendations mentioned in the preceding paragraph, together with the accompanyingdocuments, shall be submitted to the Department at least two (2) weeks prior to the intended release of inmate. Failure on the part of the officials and/or employee to comply with this directive shall be sufficient ground to subject the officials and/or employee concerned with the appropriate administrative liability. . ,.

ftJ

..

Procedure at the Department of Justice (DOJ)

7. Upon receipt of the BuCor recommendations regarding the inmates' expired and/or expiring sentence, the office
tasked with reviewing the BuCor recommendation

shall promptly recommendation priority.

act on the matter and treat the for the release of inmate with utmost

8. In extreme situations where delay in the processing of inmates' release becomes unavoidable, the documents to be forwarded to the Secretary of Justice shall contain a statement indicating the cause of delay and how the same or similar instances will be avoided in the future. 9. The review shall be immediately conducted and the action of the BuCor recommendation shall forthwith be forwarded to the Office of the Secretary of Justice not later than one (1) week before the inmates scheduled release.
10.

The Secretary of Justice, upon her findings that the recommendation for the release of inmates is in order, shall then affix her approval of the recommendations for the release of inmates. action paper bearing the approval, seal and bar code of the Office of the Secretary of Justice shall then be immediately transmitted to the Bureau of Corrections for appropriate action.
lIffectivity

11. The

12.

This Circular shall take effect immediately and shall be in force until further orders. ,
.'.L~~~

Secretary
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,
"

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Republika ng Pilipinas KAGAWARAN NG KATARUNGAN

Department of Justice Manila


LML-DC-13BI2._

13 February 2012

DEPARTMENT CIRCULAR NO.

01 2

TO
SUBJECT:

ALL PROSECUTORS AUTOMATIC REVIEW OF DISMISSED CASES INVOLVING REPUBLI~ ACT NO. 9165 (COMPREHENSIVE DANGEROUS DRUGS ACT OF
2002)

In the interest of public service and pursuant to existing laws, the dismissal of all cases whether on inquest, preliminary investigation, reinvestigation or on appeal, filed for violation of Republic Act No. 9165 (Comprehensive Dangerous Drug Act of 2002) and involving the maximum penalty of reclusion perpetua or life imprisonment, shall be subject to automatic review by the Secretary of Justice. The entire records of the case shall be elevated to the Secretary of Justice within three (3) days from issuance of the resolution dismissing the complaint or appeal, as applicable, and the parties involved shall be notified accordingly. " The automatic review shall be summary in nature and shall, as far as practicable, be completed within thirty (30) days from receipt of the case records, without prejudice to the right of the respondent to be immediately released from detention pending automatic review, unless the respondent is detained for other causes. This Department Circular shall apply to covered cases which have been dismissed prior to the issuance hereof, if such dismissal has not yet attained finality as of the date of this Circular. This Department inconsistent herewith. Circular amends or modifies all pnor Issuances

L~

secretaryl
Department of Justice

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KAGAWARAN NG KATARUNGAN Department of Justice Manila


LML-DC-06B12"

'VI'

DEPARTMENT CIRCULAR NO. FOR: Undersecretaries Assistant Secretaries The Chief State Counsel The Prosecutor General All concerned

01'1,

06 February 2012

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Amended Policy on Review and Approval of Purchase Orders and Job Orders and Contracts in the Department of Justice

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For purposes of expediting the process of all matters on procurement, each Purchase Order (PO)/Job Order (JO)/Contract amounting to more than Two Hundred Fifty Thousand Pesos (Php 250,000.00) that is resorted through an alternative mode of procurement as indicated in the Department's APP shall, aside from establishing the legal, technical and financial capability of the concerned supplier/contractor, obtain approval from the DOJ BAC. However, each PO/JO/Contract amounting less than the subject amount and is resorted through an alternative mode of procurement as indicated in the Department's APP, need not obtain the same BACapproval but must still establish the legal, technical and financial capability of the supplier/contractor pursuant to the pertinent laws on government procurement. This circular, however,does not include purchases through the GovernmentProcurement Service. Foregoing considered, Department Circular No. 022, s. 17 May 2011 (LML-DC-17E11-032) partially amended in so far as the inclusion of the is subject ceilingprice is concerned.

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~pllttment of Just1(~ eN: 0201202260

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Republika ng Pilipinas

KAGAWARAN NG KATARUNGAN Department of Justice Manila


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LML-DC-9B12- 'l)n

DEPARTMENT CIRCULAR NO.

010

TO
SUBJECT DATE

All Heads of Agencies Publication of a Department Annual Report 09 February 2012

Executive Order No. 292 otherwise known as the Administrative Code of 1987 provides that an annual report shall be submitted to the Office of the President on or before the end of July of every year. In view of the Department's goal for a comprehensive and unified approach in reporting, it is hereby directed that there will be one Department Annual Report published every year. Henceforth, all agencies are required to submit their Annual Reports to the Office of the Secretary every 15th day of January of every year for accomplishments starting from 1 January to 31 December of the preceding year through the Planning and Management Service. This does not preclude the periodic submission of special reports needed by the Office ofthe President or such oversight agencies. The Communications Division is tasked to furnish the National Archives official copies ofthe annual report which shall be open to public inspection.

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Undersecretaries/ Assistant Secretaries Chiefs of Service/Staff in the Office of the Secretary Regional/City/Provincial Prosecution Offices All Heads of Bureaus, Commissions and Offices Attached to the Department 10 February 2012 Nomination for the 48th Regular Course ofthe Master in National Security Administration (MNSA) Program

Date Subject

Attached is a copy of the letter from Sec. VOLTAIRE T. GAZMIN dated 19 January 2012 inviting nominees to the 48th Regular Course of the Master in National Security Administration Program of the National Defense College of the Philippines (NDCP) for the Academic Year 2012-2013. The Graduate Admission Tests (GAT) are scheduled on the following dates: March 15-16, April 12-13, and May 10-11,2012. Interested applicants may forward their application to the Office of the Assistant Secretary for Personnel Management and Development, this Department. For information and guidance.

Republika ng Pilipinas

KAGAWARAN NG KATARUNGAN Department of Justice Manila


LML-DC02B12

0\')

DEPARTMENT CIRCULAR NO.

o0 8 --

02 February 2012

TO

Undersecretariesl Assistant Secretaries Chiefs of Service/Staff in the Office of the Secretary RegionaVCitylProvincial Prosecution Offices All Heads of Bureaus, Commissions and Offices attached to the Department 2012 Search for Outstanding Public Officials and Employees

SUBJECT

Attached is Memorandum Circular No. 24 series of 2011 from Chairman Francisco T. Duque III, Civil Service Commission announcing its 2012 Search for Outstanding Public Officials and Employees. The conferment of these awards, the Presidential Lingkod Bayan Award, the Outstanding Public Officials and Employees or the Dangal ng Bayan Award and the Civil Service Commission Pagasa Award forms part of the Commission's advocacy of promoting excellence and of recognizing and rewarding civil servants for outstanding performance, contribution and achievements and/or consistent manifestation of exemplary ethical behavior in the public service. Group nominations for Presidential Lingkod Bayan and the Civil Service Commission Pagasa Awards are encouraged. Nominations form/s, flyers, 2012 Honor Awards Program (HAP) Guidelines and other promotional campaign materials may be secured from any of CSC's regional and field offices nationwide or downloadable at the CSC website www.csc.gov.ph. Submit your nominations directly to the Commission's Regional and ProvinciaVField Offices or to the HAP Secretariat, Public Assistance and Information Office, Constitution Hills, Diliman, Quezon City not later than April 30, 2012. For further details, coordinate with the HAP Secretariat through telephone numbers (02) 931-7993 and (02) 932-0381; telefax 932-0179; CSC Hotline (02) 9320111 and TextCSC 09178398272 or at email address hap@csc.gov.ph or paio@csc.gov.ph.

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Secretary

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Republika ng Pilipinas

KAGAWARAN NG KATARUNGAN Department of Justice Manila


LML-DC31AI2

31 January 2012
D~P ARTMENT CIRCULAR NO.

00 7

TO

Undersecretaries/Assistant Secretaries Chiefs of Service/Staff in the Office of the Secretary All Heads of Bureaus, Commissions and Offices attached to the Department Invitation to the Church's Universal Day of Prayer for the Sick

SUBJECT

Attached is the letter dated 12 January 2012 from Ambassador Howard Q. Dee, Vice Chairman, Family Rosary Crusade Philippines, inviting the DOJ Family in the celebration of the Church's Universal Day for the Sick on February 11, 2012 at the Shrine of St. Therese of the Child" Jesus, Villamor Airbase across NAJA 3 from 9:00 a.m. until 12:00 noon in honor of Our Lady of Lourdes with the following schedule: 9:00 a.m. 10:30 a.m. 11 :00 a.m. ,Prayer Healing Holy Rosary Holy Mass

For information and dissemination to interested personnel.

LJ~
Secretary
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Departm!nt of Justice
eN; 0201202041

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Department of Justice Manila


LML-MC-2N2-_

January

2, 201';!

DEPARTMENTCIRCULARNO.

00 6',
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SUBJECT: Institutionalizing Plamiing, Programming and Budgeting Systems in the Department Mainstreaming the Organizational Performance Indicator Framework (OPIF) and MediumTerm Expenditure Framework (MTEF)

Policy and Coverage


1.0

In line with the government's commitment to institute good governance and our thrust to enhance the administration of justice, the Department will strengthen its planning, programming and budgeting capability by mainstreaming the OPIF and MTEF. This will cover the entire Department including its constituent and attached Agencies as well as inter-agency bodies headed by the Department.

2.0

The OPIF and MTEF 3.0 The said frameworks (graphical illustration attached) are among the public expenditure management reforms of the government as prescribed by the Department of Budget and Management (DBM).

4.0

The OPIF integrates planning and budgeting by establishing the link between results and resources through appropriate performance measures. It establishes priority expenditures, identifies targets, measures and assesses accomplishments and reports results using major final outputs (MFOs) or the ~mandated goods and services to external clients.

Page 1 of 4

'.

5.0

The MTEF estimates future costs of.programs, activities and projects (PAPs). It involves multi-year programming of resources and costs (usually three to five years) to help ensure sustainability of PAP implementation, stability of operations, completion of projects and predictability of funding. OPIF and MTEF

Mainstreaming
6.0

The said frameworks shall be integrated into the following internal management systems and processes of the Department. 6.1 Planning
6.1.1

Strategic planning - defining high level mediumterm goals, strategies and activities of the D,epartment vis-a-vis the government thrusts, priorities and policies. Action/operations planning - setting short-term or annual targets and PAPs at the levels. of the Department, individual Agencies and their constituent organizational units.

6.1.2

6.2

Programming
6.2.1

Project development - detailed design and plan of projects including activities, resources and methods. Expenditure programming - multi-year planning of funding requirements and sources of financing.

6.2.2

6.2.3 Procurement programming - formulation of annual procurement plan with costs, methods and sources as required under RA No. 9184. 6.3 Budgeting

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6.3.1 Performance-based budgeting physical accomplishments and targets are considered in annual budgetary levels.
Page 2 of4 .

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6.3.2 Fund programming - detailed allocation and

periodic scheduling of fund release utilization (i.e. appropriations and cash). 6-4 Monitoring, evaluation and reporting

and

6.4.1 Monitoring and evaluation system - organized plan of. indicators, measures, information requirements, data sources, methods and timelines. 6.4.2 Reporting systems - development/preparation/ processing of internal and oversight reports. consistent with monitoring and evaluation requirements. 6-4.3 Performance evaluation assessing the attainment of goals and targets as well as process and cost efficiency. Action Plan
7.0

Starting CY 2012, the Department shall undertake the following projects and activities.
7.1

Review of MFOs and performance indicators and restructuring of budgetary PAPs pursuant to DBM National Budget Circular No. 532. Development of an integrated planning, programming and budgeting system of the Department with standard procedures and forms. Formulation of monitoring and evaluation systems at the Department and Agency levels for strategic and operational performance. Review and rationalization of reporting requirements, systems and procedures. Develop and/or enhance internal statistical methods and information technology (IT) systems for accurate and timely generation, management and analysis of performance/resource data.
Page 3 of4

7.2

7.3

7-4 7.5

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7.6

Development of resource standards that will define the optime;tl funding, manpower, equipment and infrastructure needed for the achievement of output targets and as basis for annual budgeting, procurement planning, multi-year programming and internal control. . Coordination/consultation vvith and partIcIpation of key stakeholders including frontline units in the development and implementation of the herein activities and systems. Capacity enhancement of planning, management, budget and procurement officers on the new systems to be put in place. Development of policy issuances, reference guides and systems/procedural manuals .. Secure and maximize support/assistance from development partners for these activities and projects.

7.7

7.8

7.9

7.10

Implementation Arrangements 8.0 The Planning and Management Service and Financial Service shall jointly program, organize and coordinate the said undertakings. The internal management (planning, management, financial, administrative and IT) as wen as frontline units shall participate in both development and implementation of the systems. For information and guidance of all concerned.

9.0

10.0

Depllftrnent of Justice

B.l.: ---(W i -

eN: 0201201567

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Page 4 of 4.

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KAGAWARAN NG KATARUNGAN Department of Justice Manila

LML-DC-16A12-

\JaC

January 16, 2012

DE:PARTMENT CIRCULAR NO.


TO

00 5

: Undersecretaries and Assistant Secretaries, Heads of Services/Offices in the Department Proper, and Heads of Agencies and InterAgency Bodies Under or Attached to the Department : POSTING IN AGENCYWEBSITES OF THE FINANCIAL, PERFORMANCE AND . PROCUREMENT REPORTS/DOCUMENTS

SUBJECT

Pursuant to Section 93, General Provisions of RA No. 10155, otherwise known as the General Appropriations Act (GAA) of 2012, a "transparency seal" shall be posted in the respective official Agency websites, to include the following:
1.

2.

3. 4. 5. 6. 7.

The Agency's mandates and functions, names of its officials with their position and designation, and contact information; Annual budget execution documents and accountability reports required under National Budget Circular Nos. 507 and S07-A dated January 31, 2007 and June 12, 2007, respectively, for the last three (3) years; Their respective approved budgets (under the GAA) and corresponding targets; Major programs and projects categorized in accordance with the five key results areas under E.O. No. 43, s. 2011; The program/projects beneficiaries as identified in the applicable special provisions; Status of implementation and program/project evaluation and/or assessment reports; and Annual procurement plan, contracts awarded and the name of contractors/ suppliers/ consultants.

For corrGli~Hlt'.UO? cCJ.IO~1

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Republika ng Pilipinas

KAGAWARAN NG KATARUNGAN Department of Justice Manila

LML-DC-12A12- iJ~

DEPARTMENT

CIRCULAR NO.

00 4.

TO

Undersecretaries and Assistant Secretaries . The Prosecutor General The Chief State Counsel All Regionalj Provincialj City Prosecutors in the National Prosecution Service All concerned REVISED STATEMENT OF ASSETS, LIABILITIES AND NET WORTH (SALN) FOR 2011
12

SUBJECT

DATE

January

2012

Attached for your information is a copy of CSC MC NO. 19 s. 2011 enjoining all public officers and employees to use the Revised Statement of Assets, Liabilities and Net Worth (SALN) Form beginning 2011. The deadline for submission of the accomplished Revised SALN for the year 2011 is on 30 April 2012 at the Personnel Division, Administrative Service, this Department For compliance.

LE1~=Secretary}
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Republika ng Pilipinas

KAGAWARANNG KATARUNGAN
Department of Justice Manila
LML-DCI3L11

- 13 December 20 II DEPARTMENT CIRCULAR NO. TO

00 3

Undersecretaries/Assistant Secretaries Chiefs of Service/Staff in the Office of the Secretary Regional/CitylProvincial Prosecution Offices All Heads of Bureaus, Commissions and Offices attached to the Department : 2012 Search for Outstanding Public Officials and Employees

SUBJECT

Attached is a letter dated 18 November 2011 from Chairman Francisco T. Duque III, Civil Service Commission announcing its 2012 Search for Outstanding Public Officials and Employees under the auspices of the Honor Awards Program (HAP). The annual nationwide search is the highest and most coveted recognition given by the government to individuals and/or group of individuals who have excelled or shown utmost dedication and commitment in the public service. The conferment of these awards, the Presidential Lingkod Bayan Award, the CSC Pagasa Award and the Dangal ng Bayan Award, highlights the annual celebration of the Philippine Civil Service Anniversary in September. The nominations shall be ,guided by the 2012 HAP Guidelines. Group nominations for .Presidential Lingkod Bayan and CSC Pagasa Awards are encouraged. .
-.'

Submit your nominations to the Office of the Asst. Secretary for Personnel Management and Development, this Department not later than April 30, 2012. For further details, coordinate with the HAP Secretariat through telephone numbers 931-7993 and 932-0381; telefax 932-0179; CSC Hotline 932-0111 and TextCSC 09178398272 or at email addresshap@csc.gov.phorpaio@csc.gov.ph. For information and guidance.

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Republika ng Pilipinas ,

KAGAWARAN NG KATARUNGAN Department of Justice Manila


LML-DC-15LU-u6

December

15, 2011

DEPARTMENTCIRCULARNO. TO
SUBJECT:

002

HEADS OF AGENCIES UNDER OR ATTACHED TO THE DEPARTMENT DBM GUIDELINES ON REVIEW OF MAJOR FINAL OUTPUTS/PERFORMANCE INDICATORS AND RESTRUCTURING OF PROGRAMS, ACTIVITIES AND PROJECTS

Attached is a copy of National Budget Circular No. 532 dated November 28, 2011, re: Guidelines on the Review of Major Final Outputs (MFOs) and Performance Indicators (PIs) and Restructuring of Programs, Activities and Projects (PAPs). In complying with the said Circular, please adhere to the attached DOJ Institutional and Results Framework which is among the results of the Department-wide development planning activities. You will be furnished separately via email of the OPIF Reference Guide cited in the DBM Circular. The Planning and Statistics Division, Planning and Management Service, shall coordinate with you on the matter and organize activities, as needed, For guidance and compliance.

LE~'liSecretary
EfieIosures. .
1. 2.

, :'''"~;-" ,i ; r National Budget Circular No, 532 dated'November 28, 20U DOJ Institutional and Results Framework (3 pages) .. ',
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LML-DCI9L11

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_ 19 December 2011 DEPARTMENT CIRCULAR NO, TO

J1JL 1

: Undersecretaries/Assistant Secretaries Chiefs of Service/Staff in the Office of the Secretary All Heads of Bureaus, Commissions and Offices attached to the Department

SUBJECT: Lee Kuan Yew School of Public Policy

Attached is a letter dated 28 September 2011 from Second Secretary Daniel Wang, Embassy of the Republic of Singapore inviting applicants for Masters in Public Administration (MPA) and Masters in Public Policy (MPP) programmes of the National University of Sinapore's Lee Kuan Yew School of Public Policy which will both commence in July 2012. The MPP programme is a 2-year programme that provides a strong foundation for future public service leaders with 1-5 years of work experience in policy analysis, programme evaluation, management and politics. The MPA programme is a I-year programme designed to enhance the ~ffectiveness of mid-career professionals to work on increasingly complex issues shaping national, regional and global policies and projects. Interested applicants may submit their application to the Office of the Assistant Secretary for Administration, this Department not later than 31 January 2012 for transmittal to the Embassy of the Republic of Singapore. For further details, please visit Lee Kuan Yew School's website at www.lkyspp.nus.edu.sg. _
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