Republic Act No.

296

June 17, 1948

THE JUDICIARY ACT OF 1948

CHAPTER IV
Courts of First Instance
Section 44. Original jurisdiction. - Courts of First Instance
shall have original jurisdiction:
(a) In all civil actions in which the subject of the
litigation is not capable of pecuniary estimation;
(b) In all civil actions which involve the title to or
possession of real property, or any interest therein, or
the legality of any tax, impost or assessment, except
actions of forcible entry into and detainer of lands or
buildings, original jurisdiction of which is conferred by
this Act upon justice of the peace courts and
municipal courts;
(c) In all cases in which the demand, exclusive of
interest, or the value of the property in controversy,
amounts to more than two thousand pesos;
(d) In all actions in admiralty and maritime jurisdiction,
irrespective of the value of the property in controversy
or the amount of the demand;
(e) In all matters of probate, both of testate and
intestate estates, appointment of guardians, trustees
and receivers, and in all actions for annulment of
marriage, and in all such special cases and
proceedings as are not otherwise provided for;
(f) In all criminal cases in which the penalty provided
by law is imprisonment for more than six months, or a
fine of more than two hundred pesos;
(g) Over all crimes and offenses committed on the
high seas or beyond the jurisdiction of any country, or
within any of the navigable waters of the Philippines,
on board a ship or water craft of any kind registered
or licensed in the Philippines in accordance with the
laws thereof. The jurisdiction herein conferred may be
exercised by the Court of First Instance in any
province into which the ship or water craft upon which
the crime or offense was committed shall come after
the commission thereof: Provided, That the court first
lawfully taking cognizance thereof shall have
jurisdiction of the same to the exclusion of all other
courts in the Philippines; and
(h) Said courts and their judges, or any of them, shall
have the power to issue writs of injunction,
mandamus, certiorari, prohibition, quo warranto and
habeas corpus in their respective provinces and
districts, in the manner provided in the Rules of Court.

CHAPTER V
Justices of the Peace and Judges of Municipal Courts

Section 87. Original jurisdiction to try criminal cases. Justices of the peace and judges of municipal courts of
chartered cities shall have original jurisdiction over:
(a) All violations of municipal or city ordinances
committed
within
their
respective
territorial
jurisdictions;
(b) All offenses in which the penalty provided by law is
imprisonment for not more than six months, or a fine
of not more than two hundred pesos, or both such fine
and imprisonment;
(c) All criminal cases arising under the laws relating
to:
(1) Gambling and management or operation
of lotteries;
(2) Assaults where the intent to kill is not
charged or evident upon the trial;
(3) Larceny, embezzlement and estafa
where the amount of money or property
stolen, embezzled, or otherwise involved,
does not exceed the sum or value of two
hundred pesos;
(4) Sale of intoxicating liquors;
(5) Falsely impersonating an officer;
(6) Malicious mischief;
(7) Trespass on Government or private
property; and
(8) Threatening to take human life.
Said justices of the peace and judges of municipal courts may
also conduct preliminary investigations for any offense alleged
to have been committed within their respective municipalities
and cities, without regard to the limits of punishment, and may
release, or commit and bind over any person charged with
such offense to secure his appearance before the proper court.
Justices of the peace in the capitals of provinces may, by
assignment of the respective district judge in each case, have
like jurisdiction as the Court of First Instance to try parties
charged with an offense committed within the province in which
the penalty provided by law does not exceed imprisonment for
two years and four months, or a fine of two thousand pesos, or
both such imprisonment and fine, and, in the absence of the
district judge, shall have like jurisdiction within the province as
the Court of First Instance to hear applications for bail.

BATAS PAMBANSA Blg. 129

AN
ACT
REORGANIZING
THE
JUDICIARY,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES
CHAPTER II
REGIONAL TRIAL COURTS
Section 20. Jurisdiction in criminal cases. Regional Trial
Courts shall exercise exclusive original jurisdiction in all
criminal cases not within the exclusive jurisdiction of any court,
tribunal or body, except those now falling under the exclusive
and concurrent jurisdiction of the Sandiganbayan which shall
hereafter be exclusively taken cognizance of by the latter.
Section 32. Jurisdiction of Metropolitan Trial Courts, Municipal
Trial Courts and Municipal Circuit Trial Courts in criminal
cases. Except in cases falling within the exclusive original
jurisdiction of Regional Trial Courts and of the Sandiganbayan,
the Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts shall exercise:
(1) Exclusive original jurisdiction over all violations of
city or municipal ordinances committed within their
respective territorial jurisdiction; and
(2) Exclusive original jurisdiction over all offenses
punishable with imprisonment not exceeding six (6)
years irrespective of the amount of fine, and
regardless of other imposable accessory or other
penalties, including the civil liability arising from such
offenses or predicated thereon, irrespective of kind,
nature,
value, or amount
thereof: Provided,
however, That in offenses involving damage to
property through criminal negligence they shall have
exclusive original jurisdiction thereof. (as amended by
R.A, No. 7691)

provided; in other offenses, it shall be concurrent with the

regular courts.
In case private individuals are charged as co-principals,
accomplices or accessories with the public officers or
employees including those employed in government-owned or
controlled corporations, they shall be tried jointly with said
public officers and employees.
Where an accused is tried for any of the above offenses and
the evidence is insufficient to establish the offense charged, he
may nevertheless be convicted and sentenced for the offense
proved, included in that which is charged.
Any provision of law or the Rules of Court to the contrary
notwithstanding, the criminal action and the corresponding civil
action for the recovery of civil liability arising from the offense
charged shall at all times be simultaneously instituted with, and
jointly determined in the same proceeding by, the
Sandiganbayan, the filing of the criminal action being deemed
to necessarily carry with it the filing of the civil action, and no
right to reserve the filing of such action shall be recognized;
Provided, however, that, in cases within the exclusive
jurisdiction of the Sandiganbayan, where the civil action had
therefore been filed separately with a regular court but
judgment therein has not yet been rendered and the criminal
case is hereafter filed with the Sandiganbayan, said civil action
shall be transferred to the Sandiganbayan for consolidation
and joint determination with the criminal action, otherwise, the
criminal action may no longer be filed with the Sandiganbayan,
its exclusive jurisdiction over the same notwithstanding, but
may be filed and prosecuted only in the regular courts of
competent jurisdiction; Provided, further, that, in cases within
the concurrent jurisdiction of the Sandiganbayan and the
regular courts, where either the criminal or civil action is first
filed with the regular courts, the corresponding civil or criminal
action, as the case may be, shall only be filed with the regular
courts of competent jurisdiction.

PRESIDENTIAL DECREE No. 1606 December 10, 1978

REVISING PRESIDENTIAL DECREE NO. 1486 CREATING A
SPECIAL COURT TO BE KNOWN AS "SANDIGANBAYAN"
AND FOR OTHER PURPOSES

Excepted from the foregoing provisions, during martial law, are

criminal cases against officers and members of the armed
forces in the active service.
Republic Act No. 1125

Section 4. Jurisdiction. The

jurisdiction over:

Sandiganbayan

shall

June 16, 1954

have
AN ACT CREATING THE COURT OF TAX APPEALS

(a) Violations of Republic Act No. 3019, as amended,

otherwise, known as the Anti-Graft and Corrupt
Practices Act, and Republic Act No. 1379;

Section 7. Jurisdiction. - The Court of Tax Appeals shall

exercise exclusive appellate jurisdiction to review by appeal, as
herein provided.

(b) Crimes committed by public officers and

employees including those employed in governmentowned or controlled corporations, embraced in Title
VII of the Revised Penal Code, whether simple or
complexed with other crimes; and

(2) Decisions of the Commissioner of Customs in

cases involving liability for customs duties, fees or
other money charges; seizure, detention or release of
property affected fines, forfeitures or other penalties
imposed in relation thereto; or other matters arising
under the Customs Law or other law or part of law
administered by the Bureau of Customs; and

(c) Other crimes or offenses committed by public

officers or employees, including those employed in
government-owned or controlled corporations, in
relation to their office.
The jurisdiction herein conferred shall be original and exclusive
if the offense charged is punishable by a penalty higher than
prision correccional, or its equivalent, except as herein

REPUBLIC ACT NO. 9165

June 7, 2002

AN
ACT
INSTITUTING
THE
COMPREHENSIVE
DANGEROUS DRUGS ACT OF 2002, REPEALING
REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE
DANGEROUS DRUGS ACT OF 1972, AS AMENDED,
PROVIDING FUNDS THEREFOR, AND FOR OTHER
PURPOSES

No. 603, otherwise known as the "Child and Youth

Welfare Code";
j) Violations of Republic Act No. 7610, otherwise
known as the "Special Protection of Children Against
Child Abuse, Exploitation and Discrimination Act," as
amended by Republic Act No. 7658; and
k) Cases of domestic violence against:

ARTICLE XI Jurisdiction Over Dangerous Drugs Cases

Section 90. Jurisdiction. The Supreme Court shall designate
special courts from among the existing Regional Trial Courts in
each judicial region to exclusively try and hear cases involving
violations of this Act. The number of courts designated in each
judicial region shall be based on the population and the
number of cases pending in their respective jurisdiction.
The DOJ shall designate special prosecutors to exclusively
handle cases involving violations of this Act.
The preliminary investigation of cases filed under this Act shall
be terminated within a period of thirty (30) days from the date
of their filing.
When the preliminary investigation is conducted by a public
prosecutor and a probable cause is established, the
corresponding information shall be filed in court within twentyfour (24) hours from the termination of the investigation. If the
preliminary investigation is conducted by a judge and a
probable cause is found to exist, the corresponding information
shall be filed by the proper prosecutor within forty-eight (48)
hours from the date of receipt of the records of the case.
Trial of the case under this Section shall be finished by the
court not later than sixty (60) days from the date of the filing of
the information. Decision on said cases shall be rendered
within a period of fifteen (15) days from the date of submission
of the case for resolution.
Republic Act No. 8369

October 28, 1997

AN ACT ESTABLISHING FAMILY COURTS, GRANTING

THEM EXCLUSIVE ORIGINAL JURISDICTION OVER CHILD
AND FAMILY CASES, AMENDING BATAS PAMBANSA
BILANG 129,AS AMENDED, OTHERWISE KNOWN AS ACT
OF 1980, APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES
Section 5. Jurisdiction offamily Courts. - The Family Courts
shall have exclusive original jurisdiction to hear and decide the
following cases:
a) Criminal cases where one or more of the accused
is below eighteen (18) years of age but not less than
nine (9) years of age but not less than nine (9) years
of age or where one or more of the victims is a minor
at the time of the commission of the offense:
Provided, That if the minor is found guilty, the court
shall promulgate sentence and ascertain any civil
liability which the accused may have incurred.
The sentence, however, shall be suspended without
need of application pursuant to Ptesidential Decree

1) Women - which are acts of gender based

violence that results, or are likely to result in
physical, sexual or psychological harm or suffering
to women; and other forms of physical abuse such
as battering or threats and coercion which violate
a woman's personhood, integrity and freedom
movement; and
2) Children - which include the commission of all
forms of abuse, neglect, cruelty, exploitation,
violence, and discrimination and all other
conditions prejudicial to their development.
If an act constitutes a criminal offense, the accused or batterer
shall be subject to criminal proceedings and the corresponding
penalties.
If any question involving any of the above matters should arise
as an incident in any case pending in the regular courts, said
incident shall be determined in that court.
REPUBLIC ACT NO. 10175
AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE
PREVENTION, INVESTIGATION, SUPPRESSION AND THE
IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER
PURPOSES
CHAPTER V JURISDICTION
Section 21. Jurisdiction. The Regional Trial Court shall
have jurisdiction over any violation of the provisions of this Act.
including any violation committed by a Filipino national
regardless of the place of commission. Jurisdiction shall lie if
any of the elements was committed within the Philippines or
committed with the use of any computer system wholly or
partly situated in the country, or when by such commission any
damage is caused to a natural or juridical person who, at the
time the offense was committed, was in the Philippines.
There shall be designated special cybercrime courts manned
by specially trained judges to handle cybercrime cases.
THE REVISED RULES OF CRIMINAL PROCEDURE
(As amended, December 1, 2000)
Section 2. The Complaint or information. The complaint or
information shall be in writing, in the name of the People of the
Philippines and against all persons who appear to be
responsible for the offense involved. (2a)
Section 4. Information defined. An information is an
accusation in writing charging a person with an offense,
subscribed by the prosecutor and filed with the court. (4a)

MALACAANG
Manila

(d) Review appeals from the resolutions of fiscals and

other prosecuting officers in connection with criminal
cases handled by them.

PRESIDENTIAL DECREE No. 1275 April 11, 1978

REORGANIZING THE PROSECUTION STAFF OF THE
DEPARTMENT OF JUSTICE AND THE OFFICES OF THE
PROVINCIAL AND CITY FISCALS, REGIONALIZING THE
PROSECUTION SERVICE, AND CREATING THE NATIONAL
PROSECUTION SERVICE
WHEREAS, to improve the quality of prosecution services, it
becomes imperative, in the public interest, to reorganize and
restructure the entire prosecution system, in line with the
general reorganization of the executive branch of the
government which is a priority measure of the Administration;
WHEREAS, there is a need to regionalize the prosecution
service in line with the government policy of decentralization, to
rationalize the allocation of prosecution positions and functions
in accordance with the requirements of the service, and to
upgrade the salaries of all prosecutors, and of provincial and
city fiscals;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President
of the Philippines, by virtue of the powers in me vested by the
Constitution, do hereby order and decree the following:

Section 3. Prosecution Staff; Organization, Qualifications,

Appointment. The Prosecution Staff shall be composed of
prosecuting officers in such number as hereinbelow
determined. It shall be headed by a Chief State Prosecutor
who shall be assisted by three Assistants Chief State
Prosecutors.
The Chief State Prosecutor, the three Assistants Chief State
Prosecutors; and the members of the Prosecution Staff shall
be selected from among qualified and professionally trained
members of the legal profession who are of proven integrity
and competence and have been in the actual practice of the
legal profession for at least five (5) years prior to their
appointment or have held during like period, any position
requiring the qualifications of a lawyer.
They shall be appointed by the President of the Philippines
upon recommendation of the Secretary of Justice.
Section 4. Prosecution Staff: Composition and Salaries. The
composition of the Prosecution Staff shall be as follows:
One Chief State Prosecutor;

Section 1. Creation of the National Prosecution Service;

Supervision and Control of the Secretary of Justice. There is
hereby created and established a National Prosecution Service
under the supervision and control of the Secretary of Justice,
to be composed of the Prosecution Staff in the Office of the
Secretary of Justice and such number of Regional State
Prosecution Offices, and Provincial and City Fiscal's Offices as
are hereinafter provided, which shall be primarily responsible
for the investigation and prosecution of all cases involving
violations of penal laws.

Three Assistant Chief State Prosecutors;

The power of supervision and control vested in the Secretary

of Justice includes the authority to act directly on any matter
within the jurisdiction of the Prosecution Staff, the Regional
State Prosecution Office or the Office of the Provincial or City
Fiscal and to review, modify or revoke any decision or action of
the Chief of said staff or office.

Six State Prosecutors;

Section 2. The prosecution Staff: Functions. There shall be a

Prosecution Staff in the Office of the Secretary of Justice,
which shall perform the following functions under the control of
the Secretary of Justice:

Six State Prosecutors;

(a) Investigate administrative charges against fiscals

and other prosecution officers;
(b) Conduct the investigation and prosecution of all
crimes;
(c) Prepare legal opinions on queries involving
violations of the Revised Penal Code and special
penal laws; and

Six Senior State Prosecutors;

Six Senior State Prosecutors;
Six State Prosecutors;
Six State Prosecutors;

Ten State Prosecutors;

Ten State Prosecutors;

Six State Prosecutors;

Six State Prosecutors;
In addition, there shall be in the Office of the Secretary of
Justice, six Prosecution Attorneys, who shall be members of
the bar, to be appointed by the Secretary of Justice, and who
shall assist the Prosecution Staff in the performance of its
functions as hereinabove provided.
Section 5. Compensation. The compensation of the
Prosecution Staff and Prosecution Attorneys shall be approved
by the President upon recommendation of the Commissioner
of the Budget and pursuant to P.D. No. 985.

Section 6. The Regional State Prosecution Office: Regions.

There shall be an office, to be known as the Regional
Prosecution Office in each of the following regions:

Region I

Region II

Region III

Region IV-A

Region V

Center

San Fernando, La
Union

Area

Abra,
Benguet,
Ilocos
Norte,
Ilocos Sur, La
Union,
Mt.
Province,
Pangasinan
and
the
cities
of
Baguio, Dagupan,
Laoag and San
Carlos.

Center

Tuguegarao,
Cagayan

Area

Batanes, Cagayan
Ifugao,
Isabela,
Kalinga-Apayao,
Nueva
Viscaya
and Quirino.

Center

San
Fernando,
Pampanga

Area

Bataan, Bulacan,
Nueva
Ecija,
Pampanga, Tarlac,
Zambales and the
cities of Angeles,
Cabanatuan,
Olongapo,
Palayan and San
Jose

Sur,
Camarines
Norte,
Catanduanes,
Masbate,
Sorsogon and the
cities of Legaspi,
Naga and Iriga
Region VI

Region VII

Center

Pasig,
Manila

Area

Batangas, Cavite,
Laguna,
Marinduque,
Mindoro
Occidental,
Mindoro
Occidental,
Palawan, Quezon,
Rizal,
Romblon,
Aurora
SubProvince and the
cities of Batangas,
Cavite,
Lipa,
Lucena,
Puerto
Princesa,
San
Pablo,
Tagaytay
and Trece Martires

Region VIII

Center

Iloilo City

Area

Aklan,
Antique,
Capiz,
Iloilo,
Negros Occidental
and the cities of
Bacolod,
Bago,
Cadiz, Iloilo, La
Carlota,
Roxas,
San Carlos and
Silay

Center

Cebu City

Area

Bohol,
Cebu,
Negros Oriental,
Siquijor and the
cities
of
Bais,
Canlaon,
Cebu,
Danao,
Dumaguete, LapuLapu,
andaue,
Tagbilaran
and
Toledo

Center

Tacloban City

Area

Eastern
Samar,
Leyte,
Northern
Samar; Southern
Leyte,
Western
Samar;
Biliran
Sub-Province and
the
cities
of
Calbayog, Ormoc
and Tacloban

Center

Jolo

Area

Basilan, Sulu and

Taw-Tawi

Center

Zamboanga City

Area

Zamboanga
del
Norte
and
Zamboanga
del
Sur and the cities
of
Dapitan,
Dipolog, Pagadian
and Zamboanga

Center

Cagayan de Oro
City

Area

Agusan del Norte,

Metro

Center

Legaspi City

Area

Albay, Camarines

Region IX-A

Region IX-B

Region X

Agusan del Sur,

Bukidnon,
Camiguin Misamis
Occidental,
Misamis Oriental,
Surigao del Norte,
and the cities of
Butuan, Cagayan
de Oro, Guingoog,
Ozamis,
Oroquieta, Surigao
and Tangub
Region XI

Region XII

Center

Davao City

Area

Davao del Norte,

Davao
Oriental,
Davao del Sur,
South
Cotabato,
Surigao del Sur
and the cities of
Davao
and
General Santos

Center

Cotabato City

Area

Lanao del Norte,

Lanao del Sur,
Maguindanao,
North
Cotabato,
Sultan,
Kudarat
and the cities of
Cotabato,
Iligan
and Marawi

For purposes of this regionalization, Region IV comprising the

cities of Manila, Quezon, Pasay and Caloocan, as well as all
the municipalities comprised within the Metropolitan Manila
Area under P.D. No. 824, shall be placed directly under the
administrative supervision of the Chief State Prosecutor.
Section 7. The Regional State prosecution Office: Staffing,
Appointment, Qualification and Salaries. Each State
Prosecution Office shall be headed by a Regional State
Prosecutor, who shall be assisted by an Assistant Regional
State Prosecutor, and three State Prosecutors, all of whom
shall be appointed by the President upon the recommendation
of the Secretary of Justice.
The Regional State Prosecutors and the Assistant Regional
State Prosecutors shall have the same qualifications as those
provided in section 3 hereof for members of the Prosecution
Staff.
They shall receive the same salaries provided for the Assistant
Chief Prosecutors and the higher ranking Senior State
Prosecutors, respectively, in section 5 hereof.
The three State Prosecutors shall have the same qualifications
and shall receive the same salaries provided for the highest
ranking State Prosecutors in sections 3 and 5 hereof.

The salaries herein fixed for the Regional State Prosecutors,

the Assistant Regional State Prosecutors, and the three State
Prosecutors as well as those of the subordinate personnel of
the Regional State Prosecution Office shall be paid entirely out
of national funds and included in the annual appropriations of
the Department of Justice.
Section 8. The Regional State prosecution Office: Functions of
Regional State Prosecutor. The Regional State Prosecutor
shall, under the control of the Secretary of Justice, have the
following functions:
(a) Implement policies, plans, programs, memoranda,
orders, circulars and rules and regulations of the
Department of Justice relative to the investigation and
prosecution of criminal cases in his region.
(b) Exercise immediate administrative supervision
over all provincial and city fiscals and other
prosecuting officers of provinces and cities comprised
within his region.
(c) Prosecute any case arising within the region.
(d) With respect to his regional office and the offices
of the provincial and city fiscals within his region, he
shall:
1. Appoint such member of subordinate
officers and employees as may be
necessary; and approve transfers of
subordinate personnel within the jurisdiction
of the regional office.
2. Investigate administrative complaints
against fiscals and other prosecuting officers
within his region and submit his
recommendation thereon to the Secretary of
Justice who shall, after review thereof,
submit the appropriate recommendation to
the Office of the President: Provided, that
where the Secretary of Justice finds
insufficient grounds for the filing of charges,
he may render a decision of dismissal
thereof.
3. Investigate administrative complaints
against subordinate personnel of the region
and submit his recommendations thereon to
the Secretary of Justice who shall have the
authority to render decision thereon.
4. Approve requests for sick, vacation and
maternity leaves of absence with or without
pay, for a period not exceeding one year; for
overtime services; for permission to exercise
their profession or to engage in business
outside of office hours; for official travel
within the region for periods not exceeding
thirty days; and for benefits under Section
699 of the Revised Administrative Code.
5. Prepare the budget for the region for
approval of the Secretary of Justice and
administer the same.

6. Negotiate and conclude for services or for

furnishing supplies, materials and equipment
for amount not exceeding P50,000.00 for
each quarter.

he shall, when so requested, submit his opinion in

writing upon any legal question submitted to him by
any such officer or body pertinent to the duties
thereof.

(e) Coordinate with regional offices of other

departments, with bureaus/agencies under the
Department of Justice, and with local governments
and police units in the region.

(e) Assist the Solicitor General, when so deputized in

the public interest, in the performance of any function
or in the discharge of any duty incumbent upon the
latter, within the territorial jurisdiction of the former, in
which cases, he shall be under the control and
supervision of the Solicitor General with regard to the
conduct of the proceedings assigned to him and
render reports thereon.

Section 9. Offices of Provincial Fiscals and City Fiscals;

Staffing. There shall be in each province and each subprovince; one provincial fiscal and such number of assistant
provincial fiscals as may hereinafter be provided for.
There shall be in each city one city fiscal and such number of
assistant city fiscals as may hereinafter be provided.
Section 10. Provincial Fiscals and City Fiscals and their
Assistants: Qualifications and Appointment. No person shall be
eligible for appointment to the position of provincial fiscal city
fiscal, assistant provincial fiscal or assistant city fiscal unless
he possesses the same qualifications as members of the
Prosecution Staff as provided in Section 3 hereof.
Provincial and city fiscals and their assistants shall be
appointed by the President upon recommendation of the
Secretary of Justice.

Section 12. Offices of the Provincial Fiscal: Their Number in

Each Province/Sub-Province. There shall be in each of the
following provinces and sub-provinces the corresponding
number of provincial fiscals and their assistants:
(a) Rizal:
One
Provincial
One
First
Ten
Second
Ten
Third
Fourteen
Fourth
Fourteen Assistants

Fiscal
Assistant
Assistants
Assistants
Assistants

(b) Cebu:
Section 11. Provincial Fiscals and City Fiscals; Duties and
Functions. The provincial fiscal or the city fiscal shall:
(a) Be the law officer of the province or city, as the
case may be. He shall have charge of the prosecution
of all crimes, misdemeanors and violations of city or
municipal ordinances in the courts of such province or
city and shall therein discharge all the duties incident
to the institution of criminal prosecutions.
(b) Investigate and/or cause to be investigated all
charges of crimes, misdemeanors and violations of all
penal laws and ordinances within their respective
jurisdictions and have the necessary information or
complaint prepared or made against the persons
accused. In the conduct of such investigations he or
his assistants shall receive the sworn statements or
take oral evidence of witnesses summoned by
subpoena for the purpose.
(c) Investigate commissions of criminal acts and take
an active part in the gathering of relevant evidence.
For this purpose, the National Bureau of Investigation,
the Philippine Constabulary and other offices and
agencies of the government shall extend to him the
necessary assistance.
(d) Any provision of Republic Act No. 2264, otherwise
known as the Local Autonomy Act, and Republic Act
No. 5185, also known as The Decentralization Act, to
the contrary notwithstanding, the provincial or city
fiscal may, concurrently with the Municipal Attorney or
with the Provincial Attorney/City Legal Officer, whose
positions are provided for in the above-mentioned Act,
act as legal adviser the various municipalities, and
municipal districts of the province, or the provincial or
city government and its officers or of the city. As such

One
Provincial
One
First
Four
Second
Four
Third
Six
Fourth
Eight Assistants

Fiscal
Assistant
Assistants
Assistants
Assistants

(c) Pangasinan:
One
Provincial
One
First
Three
Second
Three
Third
Six
Fourth
Seven Assistants

Fiscal
Assistant
Assistants
Assistants
Assistants

(d) Quezon:
One
One
Two
Two
Four
Five Assistants

Provincial
First
Second
Third
Fourth

Fiscal
Assistant
Assistants
Assistants
Assistants

(e) Leyte; Negros Occidental:

One
Provincial
One
First
Three
Second
Four
Third
Five Fourth Assistants
(f) Bulacan; Nueva Ecija:

Fiscal
Assistant
Assistants
Assistants

One
Provincial
One
First
Two
Second
Four
Third
Four Fourth Assistants

Fiscal
Assistant
Assistants
Assistants

One
Provincial
One
First
Four
Second
Five Third Assistants

Fiscal
Assistant
Assistants

One
Provincial
One First Assistant

Fiscal

Section 13. Offices of the City Fiscal: Their Number in Each

City. There shall be in each of the following cities the
corresponding number of city fiscals and their assistants:

(g) Iloilo:
(a) Manila:

(h) Pampanga; Batangas; Ilocos Norte; Ilocos Sur;

Laguna; Albay; Davao del Sur; Camarines Sur:
One
Provincial
One
First
Three
Second
Four Third Assistants

Fiscal
Assistant
Assistants

(i) Cagayan; Isabela; Negros Oriental; La Union;

Misamis Oriental; Cavite; Zamboanga del Sur:
One
Provincial
One
First
Three
Second
Three Third Assistants

Fiscal
Assistant
Assistants

(j) Benguet; Tarlac; Northern Samar; Bohol; Capiz;

Zamboanga del Norte; Palawan:
One
Provincial
One
First
Two
Second
Two Third Assistants

Fiscal
Assistant
Assistants

(k) Western Samar; Zambales; Sorsogon; Masbate;

Surigao del Norte; Surigao del Sur; Misamis
Occidental; Camarines Norte; Aklan; Davao del Norte;
Davao Oriental; Eastern Samar; Bukidnon; Lanao del
Norte; Nueva Vizcaya:
One
Provincial
One
First
Three Second Assistants

Fiscal
Assistant

(l) South Cotabato; Bataan; Antique; Agusan del

Norte; Abra North Cotabato; Mindoro Oriental;
Mindoro Occidental; Catanduanes; Kalinga Apayao;
Lanao del Sur; Southern Leyte; Maguindanao; Sulu:
One
Provincial
One
First
One Second Assistant

Fiscal
Assistant

(m) Agusan del Sur; Romblon; Marinduque;

Camiguin; Quirino; Mountain Province; Ifugao;
Siquijor; Batanes; Sultan-Kudarat; Tawi-Tawi; Basilan:
One
Provincial
One First Assistant
(n) Sub-Provinces of Aurora; Biliran; Guimaras:

Fiscal

One
City
One
First
Twenty-Four
Second
Thirty
Third
Thirty
Fourth
Forty Assistants

Fiscal
Assistant
Assistants
Assistants
Assistants

(b) Quezon City:

One
City
One
First
Twenty
Two
Second
Twenty
Two
Third
Twenty
Two
Forth
Twenty Two Assistants

Fiscal
Assistant
Assistants
Assistants
Assistants

(c) Pasay City:

One
City
One
First
Six
Second
Six
third
Eight
Fourth
Eight Assistants

Fiscal
Assistant
Assistants
Assistants
Assistants

(d) Caloocan City:

One
City
One
First
Five
Second
Six
Third
Six
Fourth
Six Assistants

Fiscal
Assistant
Assistants
Assistants
Assistants

(e) Dagupan:
One
City
One
First
Four
Second
Five
Third
Five
Fourth
Five Assistants

Fiscal
Assistant
Assistants
Assistants
Assistants

(f) City of Cebu:

One
City
One
First
Four
Second
Six
Third
Six Fourth Assistants

Fiscal
Assistant
Assistants
Assistants

(g) City of Davao:

One
One

City
First

Fiscal
Assistant

Three
Second
Six
Third
Six Fourth Assistants

Assistants
Assistants

(h) City of Iloilo:

One
City
One
First
Three
Second
Five
Third
Five Fourth Assistants

Fiscal
Assistant
Assistants
Assistants

(p) San Jose; Puerto Princesa; Lipa; Iriga; San

Carlos; (Neg. Occ.); Ormoc; Mandaue; Iligan; Marawi;
Cotabato City:
One
City
One
First
One Second Assistant

Fiscal
Assistant

(q) San Carlos (Pangasinan); Tagaytay; Trece

Martires; Cadiz; Silay; Calbayog; Danao; Lapu-Lapu;
Toledo; Palayan; Bago; La Carlota; Bais; Canlaon;
Gingoog; Tangub; Dapitan:

(i) Olongapo:
One
City
One
First
Three
Second
Three
Third
Six Fourth Assistants

Fiscal
Assistant
Assistants
Assistants

(j) Bacolod; Baguio:

One
City
One
First
Two
Second
Two
Third
Four Fourth Assistants

Fiscal
Assistant
Assistants
Assistants

(k) Lucena:
One
City
One
First
Two
Second
Four Third Assistants
(l) San Pablo; Cabanatuan;
Cagayan de Oro:
One
City
One
First
Two
Second
Three Third Assistants

Fiscal
Assistant
Assistants

Angeles;

Legaspi;

Fiscal
Assistant
Assistants

(m) Naga; Dumaguete; Tacloban; Tagbilaran:

One
City
One
First
Two
Second
Two Third Assistants

Fiscal
Assistant
Assistants

(n) Laoag; Cavite City; Batangas City; Roxas City;

Dipolog; Zamboanga City; Pagadian:
One
City
One
First
Three Second Assistants

Fiscal
Assistant

(o) Butuan; Surigao City; General Santos; Oroquieta;

Ozamis:
One
City
One
First
Two Second Assistants

Fiscal
Assistant

One
City
One First Assistant

Fiscal

Section 14. Offices of Provincial and City Fiscals: Salaries.

The annual salaries of Provincial and City Fiscals and their
Assistants shall be as approved by the President upon
recommendation of the Commissioner of the Budget and
pursuant to P.D. No. 985.
The salaries of provincial and city fiscals and their assistants
shall be paid entirely out of national funds and included in the
annual appropriations of the Department of Justice. This is
without prejudice to the grant of allowances to the abovementioned fiscals by their respective local governments, in
amounts not exceeding twenty-five percent (25%) of their basic
salaries.
The salaries of clerks, stenographers and other subordinate
employees in the offices of the provincial and city fiscals shall
be paid by the province or city where they are assigned.
Section 15. Special Counsels. Whenever the exigencies of the
service require the creation of positions of additional counsel to
assist provincial and city fiscals in the discharge of their duties,
positions of Special Counsels may be created by any province
or city, subject to the approval of the Secretary of Justice, and
with salaries chargeable against provincial or city funds. The
Secretary of Justice shall appoint said Special Counsels, upon
recommendation of the provincial or city fiscal and regional
state prosecutors concerned, either on permanent or
temporary basis.
Special Counsel shall be appointed from members of the bar
and shall be allowed not more than the salary rate provided in
this Decree for the lowest rank or grade of assistant fiscal in
the province or city where assigned.
Section 16. Office, Space, Maintenance and Other Incidental
Expenses. Pending the construction of regional government
centers in each of the administrative regions as provided in the
Integrated Reorganization plan, the Budget Commission and
other departments or agencies concerned are hereby directed
to provide the Department of Justice such technical assistance
and establish suitable building sites and office spaces for the
Regional State Prosecution Offices created herein. Rental
costs and all other expenses incidental to the maintenance of
the Regional State Prosecution Offices shall be paid out of
national funds.
The provincial and city governments shall be responsible for
providing adequate office spaces for the offices of their
respective provincial or city fiscals and all expenses incidental

to the maintenance of said offices, including rental payments,

shall be paid by the province or city concerned.
Section 17. Transitory Provisions: Abolition of Existing
Prosecution and Fiscals Offices and Positions. After the
approval of this Decree, the President shall issue the
necessary letter/s of implementation specifying the details of
the reorganization provided herein.
All existing prosecution offices and positions in the Department
of Justice and the Offices of the Provincial and City Fiscals
throughout the country as well as all positions of district state
prosecutors and special counsels shall cease to exist from the
date specified in the letter of implementation issued by the
President pursuant to the preceding paragraph. Their pertinent
functions, applicable appropriations, records, equipment,
property and such clerical and subordinate personnel as may
be necessary shall be transferred to the appropriate staff or
offices created above.
Section 18. Transitory Provisions: Incumbents; Vacation of
Offices. The provision of the second paragraph of the
preceding section notwithstanding, all officials in the
prosecution service whose appointments are by this Decree
vested in the President shall continue in office until, and shall
vacate the same only upon, the appointment and qualification
of the officials to whom their powers, functions, and
responsibilities substantially pertain: Provided, however, That
with respect to the incumbent district state prosecutors, each of
them shall continue in office until the appointment and
qualification of the Regional State Prosecutor of the region to
which his district pertains.
An incumbent who is appointed by the President to a similar or
equivalent position created in this Decree shall be allowed to
receive either the salary rate authorized for the position or his
present salary whichever is higher.
Section 19. Transitory Provisions: Payment of Gratuity. All
officers and employees who may be separated or removed
from the service by reason of the reorganization authorized
herein shall be granted a gratuity at a rate equivalent to one
month's salary for every year of continuous satisfactory service
rendered, or the equivalent nearest fraction thereof favorable
to them on the basis of the highest salary received: Provided,
That any such officer or employee already entitled to gratuity or
pension under existing law shall have the option to select
between said gratuity or pension and the gratuity provided for
in this Decree.
The officers and employees referred to in the preceding
paragraph shall not lose their civil service eligibilities and their
names shall be entered in a preferential re-employment list so
as to facilitate their reappointment to appropriate positions
created pursuant to this Decree.
Section 20. Appropriation. There is hereby appropriated
initially the sum of THIRTY-ONE MILLION FIVE HUNDRED
THOUSAND PESOS (31,500.00) from the funds of the
National Treasury not otherwise appropriated for the
organization and operational expenses of the National
Prosecution Service for a period of one year from the issuance
of this Decree. Henceforth the said amount shall be added to
the annual budget of the Department of Justice.

Section 21. Repeal. All acts, laws, decrees, executive orders,

letters of instructions and regulations or any part thereof which
are consistent with any of the provisions of this Decree are
hereby repealed and/or modified accordingly.
Section 22. Separability Clause. If for any reason, any section
or provision of this Decree is declared to be unconstitutional or
invalid, the other sections or provisions of this Decree which
are not affected thereby shall continue in full force and effect.
Section 23. Effectivity.
immediately.

This

Decree

shall

take

effect

Done in the City of Manila, this 11th day of April, in the Year of
Our Lord, nineteen hundred and seventy-eight.

EXECUTIVE ORDER NO. 292

Section 8. Office of the Chief State Prosecutor. - The Office of

the Chief State Prosecutor shall have the following functions:

INSTITUTING THE "ADMINISTRATIVE CODE OF 1987"

(1) Assist the Secretary in the performance of powers
and functions of the Department relative to its role as
the prosecution arm of the government;

BOOK IV-TITLE III-CHAPTER 2

DEPARTMENT PROPER
Section 5. The Department Proper. - The Department Proper
shall be composed of the Office of the Secretary and the
Undersecretaries, Technical and Administrative Service,
Financial Management Service, Legal Staff and the Office of
the Chief State Prosecutor.
Section 6. Undersecretaries. - The Secretary shall be assisted
by three (3) Undersecretaries. The Secretary is hereby
authorized to delineate and assign the respective functional
areas of responsibility of the Undersecretaries, provided, that
such responsibility shall be with respect to the mandate and
objectives of the Department; and provided, further, that no
Undersecretary shall be assigned primarily administrative
responsibilities. Within his functional area of responsibility, an
Undersecretary shall have the following functions:
(1) Advise and assist the Secretary in the formulation
and implementation of the Department's policies,
plans, programs and projects;
(2) Oversee
Department;

the

operational

activities

of

the

(2) Implement the provisions of laws, executive orders

and rules, and carry out the policies, plans, programs
and projects of the Department relative to the
investigation and prosecution of criminal cases;
(3) Assist the Secretary in exercising supervision and
control over the National Prosecution Service as
constituted under P. D. No. 1275 and/or otherwise
hereinafter provided; and
(4) Perform such other functions as may be provided
by law or assigned by the Secretary.
Section 9. Provincial/City Prosecution Offices. - The Provincial
and City Fiscal's Office established in each of the provinces
and cities pursuant to law, is retained and renamed
Provincial/City Prosecution Office. It shall be headed by a
Provincial Prosecutor or City Prosecutor, as the case may be,
assisted by such number of Assistant Provincial/City
Prosecutors as fixed and/or authorized by law. The position
titles of Provincial and City Fiscal and of Assistant Provincial
and City Fiscal are hereby abolished.

(3) Coordinate the programs and projects of the

Department for efficient and effective administration;

All provincial/city prosecution offices shall

discharge their functions under existing law.

(4) Serve as deputy for the Secretary;

All provincial and city prosecutors and their assistants shall be

appointed by the President upon the recommendation of the
Secretary.

(5) Perform, when so designated, the powers and

functions of the Secretary, during the latter's absence
or incapacity; and
(6) Perform such other functions as may be provided
by law or assigned by the Secretary to promote
efficiency and effectiveness in the delivery of frontline
services.
Section 7. Legal Staff . - The Legal Staff shall have the
following functions:

Republic Act No. 6975

continue

to

December 13, 1990

AN ACT ESTABLISHING THE PHILIPPINE NATIONAL

POLICE UNDER A REORGANIZED DEPARTMENT OF THE
INTERIOR AND LOCAL GOVERNMENT, AND FOR OTHER
PURPOSES
CHAPTER III
A. THE PHILIPPINE NATIONAL POLICE ORGANIZATION

(1) Assist the Secretary in the performance of his

duties as Attorney General of the Philippines and as
ex-officio legal adviser of government-owned or
controlled corporations or enterprises and their
subsidiaries;

Section 24. Powers and Functions. The PNP shall have

the following powers and functions:
(a) Enforce all laws and ordinances relative to the
protection of lives and properties;

(2) Prepare and finally act for and in behalf of the

Secretary on all queries and/or requests for legal
advice or guidance coming from private parties and
minor officials and employees of the government;

(b) Maintain peace and order and take all necessary

steps to ensure public safety;

(3) Maintain and supervise the operation of the

Department Law Library as well as its personnel; and

(c) Investigate and prevent crimes, effect the arrest of

criminal offenders, bring offenders to justice and
assist in their prosecution;

(4) Perform such other functions as are now or may

hereafter be provided by law or assigned by the
Secretary.

(d) Exercise the general powers to make arrest,

search and seizure in accordance with the
Constitution and pertinent laws;
(e) Detain an arrested person for a period not beyond
what is prescribed by law, informing the person so
detained of all his rights under the Constitution;
(f) Issue licenses for the possession of firearms and
explosives in accordance with law;
(g) Supervise and control the training and operations
of security agencies and issue licenses to operate
security agencies, and to security guards and private
detectives, for the practice of their professions; and
(h) Perform such other duties and exercise all other
functions as may be provided by law.
In addition, the PNP shall absorb the office of the National
Action Committee on Anti-Hijacking (NACAH) of the
Department of National Defense, all the functions of the
present Philippine Air Force Security Command (PAFSECOM),
as well as the police functions of the Coast Guard. In order to
perform its powers and functions efficiently and effectively, the
PNP shall be provided with adequate land, sea, and air
capabilities and all necessary material means of resources.
Section 35. Support Units. The PNP shall be supported by
administrative
and
operational
support
units.
The
administrative support units shall consist of the Crime
Laboratory, Logistic Unit, Communications Unit, Computer
Center, Finance Center and Civil Security Unit. The operational
support units shall be composed of the Maritime Police Unit,
Police Intelligence Unit, Police Security Unit, Criminal
Investigation Unit, Special Action Force, Narcotics units,
Aviation Security Unit, Traffic Management Unit, the Medical
and Dental Centers and the Civil Relations Unit. To enhance
police operational efficiency and effectiveness, the Chief of the
PNP may constitute such other support units as may be
necessary subject to the approval of the Commission:
Provided, That no support unit headed by a chief
superintendent or a higher rank can be created unless
provided by law.
(a) Administrative Support Units. (1) Crime
Laboratory. There shall be established a central Crime
Laboratory to be headed by a Director with the rank of
chief superintendent, which shall provides scientific
and technical investigative aid and support to the PNP
and other government investigative agencies.
It shall also provide crime laboratory examination,
evaluation and identification of physical evidences
involved in crimes with primary emphasis on their
medical, chemical, biological and physical nature.
There shall be likewise be established regional and
city crime laboratories as may be necessary in all
regions and cities of the country.
(2) Logistic Unit. Headed by a Director with
the rank of chief superintendent, the
Logistics Unit shall be responsible for the
procurement, distributions and management

of all the logistical requirements of the PNP

including firearms and ammunition.
(3) Communications Unit. Headed by a
Director
with
the
rank
of
chief
superintendent, the Communications Unit
shall be responsible for establishing an
effective police communications network.
(4) Computer Center. Headed by a Director
with the rank of chief superintendent, the
Computer Center shall be responsible for the
design, implementation and maintenance of
a database system for the PNP.
(5) Finance Center. Headed by a Director
with the rank of chief superintendent, the
Finance Center shall be responsible for
providing finance services to the PNP.
(6) Civil Security Unit. Headed by a
Director
with
the
rank
of
chief
superintendent, the Civil Security Unit shall
provide administrative services and general
supervision over organization, business
operation and activities of all organized
private detectives, watchmen, security guard
agencies and company guard houses.
The unit shall likewise supervise the licensing and
registration of firearms and explosives.
The approval applications for licenses to operate
private security agencies, as well as the issuance of
licenses to security guards and the licensing of
firearms and explosives, shall be decentralized to the
PNP regional offices.
(b) Operational Support Units. (1) Maritime Police
Unit. Headed by a Director with the rank of chief
superintendent, the Maritime Police Unit shall perform
all police functions over Philippine territorial waters
and rivers.
(2) Police Intelligence Unit. Headed by a
Director
with
the
rank
of
chief
superintendent, the Police Intelligence Unit
shall serve as the intelligence and
counterintelligence operating unit of the PNP.
(3) Police Security Unit. Headed by a
Director
with
the
rank
of
chief
superintendent, Police Security Unit shall
provide security for government officials,
visiting dignitaries and private individuals
authorized to be given protection.
(4) Criminal Investigation Unit. Headed by
a Director with the rank of chief
superintendent, the Criminal Investigation
Unit shall undertake the monitoring,
investigation and prosecution of all crimes
involving economic sabotage, and other
crimes of such magnitude and extent as to
indicate their commission by highly placed or

professional
criminal
organizations.

syndicates

and

This unit shall likewise investigate all major

cases involving violations of the Revised
Penal Code and operate against organized
crime groups, unless the President assigns
the case exclusively to the National Bureau
of Investigation (NBI).
(5) Special Action Force. Headed by a
Director
with
the
rank
of
chief
superintendent, the Special Action Force
shall function as a mobile strike force or
reaction unit to augment regional, provincial,
municipal and city police forces for civil
disturbance
control,
counterinsurgency,
hostage-taking rescue operations, and other
special operations.
(6) Narcotics Unit. Headed by a Director
with the rank of chief superintendent, the
Narcotics Unit shall enforce all laws relative
to the protection of the citizenry against
dangerous and other prohibited drugs and
substances.
(7) Aviation Security Unit. Headed by a
Director
with
the
rank
of
chief
superintendent, the Aviation Security Unit, in
coordination with airport authorities, shall
secure all the country's airports against
offensive and terroristic acts that threaten
civil aviation, exercise operational control
and supervision over all agencies involved in
airport security operation, and enforce all
laws and regulations relative to air travel
protection and safety.
(8) Traffic Management Unit. Headed by a
Director
with
the
rank
of
chief
superintendent, the Traffic Management Unit
shall enforce traffic laws and regulations.
(9) Medical and Dental Centers. Headed
by a Director with the rank of chief
superintendent, the Medical and Dental
Centers shall be responsible for providing
medical and dental services for the PNP.
(10) Civil Relations Units. Headed with a
Director
with
the
rank
of
chief
superintendent, the Civil Relations Unit shall
implement plans and programs that will
promote
community
and
citizens'
participation in the maintenance of peace
and order and public safety.
Republic Act No. 157

June 19, 1947

AN ACT CREATING A BUREAU OF INVESTIGATION,

PROVIDING FUNDS THEREFOR, AND FOR OTHER
PURPOSES

Section 1. There is hereby created a Bureau of Investigation

under the Department of Justice which shall have the following
functions:
(a) To undertake investigations of crimes and other
offenses against the laws of the Philippines, upon its
own initiative and as public interest may require;
(b) To render assistance, whenever properly
requested in the investigation or detection of crimes
and other offenses;
(c) To act a national clearing house of criminal and
other informations for the benefit and use of all
prosecuting and law-enforcement entities of the
Philippines, identification records of all persons
without criminal convictions, records of identifying
marks, characteristics, and ownership or possession
of all firearms as well as of test bullets fired therefrom;
(d) To give technical aid to all prosecuting and lawenforcement officers and entities of the Government
as well as the courts that may request its services;
(e) To extend its services, whenever properly
requested in the investigation of cases of
administrative or civil nature in which the Government
is interested;
(f) To undertake the instruction and training of a
representative number of city and municipal peace
officers at the request of their respective superiors
along effective methods of crime investigation and
detection in order to insure greater efficiency in the
discharge of their duties;
(g) To establish and maintain an up-to-date scientific
crime laboratory and to conduct researches in
furtherance of scientific knowledge in criminal
investigation;
(h) To perform such other related functions as the
Secretary of Justice may assign from time to time.
Section 2. The Bureau of Investigation shall be headed by a
Director who shall be appointed by the President of the
Philippines with the consent of the Commission on
Appointments of the Congress of the Philippines, and shall
receive an annual compensation of seven thousand two
hundred pesos.
Section 3. The composition and size of the personnel of the
Bureau of Investigation shall be determined by the Director of
the Bureau of Investigation: Provided, That the present
personnel of the Division of Investigation shall be transferred
to, and form the nucleus of, the new Bureau.
Section 4. Appointments to positions in the Bureau of
Investigation shall be made only according to merit and fitness
to be determined as far as practicable by competitive mental
and physical examination and after adequate instruction and
training. Promotions shall be made with due regard to seniority
and past record of efficiency: Provided, That such personnel as
shall be appointed for general investigation shall be, as far as
practicable, graduates of recognized laws schools or colleges

or members of the bar, and, whenever a special need arises,

certified public accountants and those with at least ten years
experience
and
training
in
other
law-enforcement
organizations.
Section 5. Members of the investigation staff of the Bureau of
Investigation shall be peace officers, and as such have the
following powers:
(a) To make arrests, searches and seizures in
accordance with existing laws and rules;
(b) To issue subpoena or subpoena duces tecum for
the appearance at Government expense of any
person for investigation;
(c) To take and require sworn truthful statements of
any person or persons so summoned in relation to
cases under investigation, subject to constitutional
restrictions;

Section 11. Structural Organization. The authority and

responsibility for the exercise of the mandate of the Office of
the Ombudsman and for the discharge of its powers and
functions shall be vested in the Ombudsman, who shall have
supervision and control of the said office.
(3) The Office of the Special Prosecutor shall be composed of
the Special Prosecutor and his prosecution staff. The Office of
the Special Prosecutor shall be an organic component of the
Office of the Ombudsman and shall be under the supervision
and control of the Ombudsman.
(4) The Office of the Special Prosecutor shall, under the
supervision and control and upon the authority of the
Ombudsman, have the following powers:
(a) To conduct preliminary investigation and prosecute
criminal cases within the jurisdiction of the
Sandiganbayan;
(b) To enter into plea bargaining agreements; and

under

(c) To perform such other duties assigned to it by the

Ombudsman.

(e) To possess suitable and adequate firearms for

their personal protection in connection with their
duties and for the proper protection of witnesses and
persons in custody: Provided, That no previous
special permit for such possession shall be required;

The Special Prosecutor shall have the rank and salary

of a Deputy Ombudsman.

(d) To administer
investigation;

oaths

upon

cases

(f) To have access to all public records and, upon

authority of the President of the Philippines in the
exercise of his visitorial powers, to records of private
parties and concerns.
Section 6. The Division of Investigation of the Department of
Justice shall be abolished.
Section 7. All unexpended appropriations, supplies, materials,
and scientific equipment of the Division of Investigation shall
be transferred to the Bureau of Investigation.
Section 8. For purposes of this Act, there is hereby
appropriated from the National Treasury not otherwise set
aside, in addition to the sum already appropriated for the
Division of Investigation, the sum of five hundred thousand
pesos for the salaries and wages, traveling and other
expenses of personnel, for the purchase of necessary
supplies, materials and equipment, and for other purposes.
Section 9. Commonwealth Act Numbered One hundred and
eighty-one as well as any other act or provisions of act
inconsistent herewith is hereby repealed.
Section 10. This Act shall take effect upon its approval.
Approved: June 19, 1947
Republic Act No. 6770

November 17, 1989

AN ACT PROVIDING FOR THE FUNCTIONAL AND

STRUCTURAL ORGANIZATION OF THE OFFICE OF THE
OMBUDSMAN, AND FOR OTHER PURPOSES

Section 15. Powers, Functions and Duties. The Office of

the Ombudsman shall have the following powers, functions
and duties:
(1) Investigate and prosecute on its own or on
complaint by any person, any act or omission of any
public officer or employee, office or agency, when
such act or omission appears to be illegal, unjust,
improper or inefficient.t has primary jurisdiction over
cases cognizable by the Sandiganbayan and, in the
exercise of this primary jurisdiction, it may take over,
at any stage, from any investigatory agency of
Government, the investigation of such cases;
(2) Direct, upon complaint or at its own instance, any
officer or employee of the Government, or of any
subdivision, agency or instrumentality thereof, as well
as any government-owned or controlled corporations
with original charter, to perform and expedite any act
or duty required by law, or to stop, prevent, and
correct any abuse or impropriety in the performance
of duties;
(3) Direct the officer concerned to take appropriate
action against a public officer or employee at fault or
who neglect to perform an act or discharge a duty
required by law, and recommend his removal,
suspension, demotion, fine, censure, or prosecution,
and ensure compliance therewith; or enforce its
disciplinary authority as provided in Section 21 of this
Act: provided, that the refusal by any officer without
just cause to comply with an order of the Ombudsman
to remove, suspend, demote, fine, censure, or
prosecute an officer or employee who is at fault or
who neglects to perform an act or discharge a duty
required by law shall be a ground for disciplinary
action against said officer;

(4) Direct the officer concerned, in any appropriate

case, and subject to such limitations as it may provide
in its rules of procedure, to furnish it with copies of
documents relating to contracts or transactions
entered into by his office involving the disbursement
or use of public funds or properties, and report any
irregularity to the Commission on Audit for appropriate
action;
(5) Request any government agency for assistance
and information necessary in the discharge of its
responsibilities, and to examine, if necessary,
pertinent records and documents;
(6) Publicize matters covered by its investigation of
the matters mentioned in paragraphs (1), (2), (3) and
(4) hereof, when circumstances so warrant and with
due prudence: provided, that the Ombudsman under
its rules and regulations may determine what cases
may not be made public: provided, further, that any
publicity issued by the Ombudsman shall be
balanced, fair and true;
(7) Determine the causes of inefficiency, red tape,
mismanagement, fraud, and corruption in the
Government, and make recommendations for their
elimination and the observance of high standards of
ethics and efficiency;
(8) Administer oaths, issue subpoena and subpoena
duces tecum, and take testimony in any investigation
or inquiry, including the power to examine and have
access to bank accounts and records;
(9) Punish for contempt in accordance with the Rules
of Court and under the same procedure and with the
same penalties provided therein;
(10) Delegate to the Deputies, or its investigators or
representatives such authority or duty as shall ensure
the effective exercise or performance of the powers,
functions, and duties herein or hereinafter provided;
(11) Investigate and initiate the proper action for the
recovery of ill-gotten and/or unexplained wealth
amassed after February 25, 1986 and the prosecution
of the parties involved therein.
The Ombudsman shall give priority to complaints filed against
high ranking government officials and/or those occupying
supervisory positions, complaints involving grave offenses as
well as complaints involving large sums of money and/or
properties.