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BRIEF HISTORY
The Department of Justice traces its beginnings at the Revolutionary Assembly in Naic, Cavite on April 17, 1897. The establishment of a regime of law was tasked to Don Severino delas Alas who headed the Department of Grace and Justice. Shortly after the proclamation of Independence in Kawit, Cavite on June 12, 1898, President Emilio Aguinaldo issued a decree on September 26, 1898 reorganizing the Department.
A year later, the American military force established the Office of the Attorney of the Supreme Court in place of the Department. On June 11, 1901, the new office was renamed the Office of the Attorney General and on September 1, 1901, the Office became the Department of Finance and Justice.
In the 1916 government reorganization, the Department became a separate entity and was given executive supervision over all courts of first instance and other inferior courts.
Under the Japanese occupation, the Department was made a Commission. The civilian government established by the Japanese in 1943 changed it to a Ministry. After the war in 1945, the Govemment of the Philippine Commonwealth was re-established and the Department of Justice was re-activated. The Department continued in this form under the Philippine Republic.
Presidential Decree No. 1 during Martial Law reorganized the Executive Branch of the national government. Letter of Implementation No. 20 of December 31, 1972 organized the Department proper into the Office of the Secretary, the Financial and Management Service, the Administrative Service, Technical Staff, the Prosecution Staff, the Legal Staff and the Judiciary Division; the Commission on Immigration and Deportation, the National Bureau of Investigation, the Office of the Government Corporate Counsel; the Board of Pardons and Parole; the Bureau of Prisons; and the Citizens Legal Assistance Office.
Under the 1973 Constitution, Department became a Ministry of Justice. The 1986 People Power Revolution ushered in the contemporary Department of Justice.
With the adoption of the 1987 Constitution and the Administrative Code of 1987 (Executive Order No. 292), the Department of Justice was named as the principal law agency of the Republic of the Philippines, serving as its legal counsel and prosecution arm.
Today, the DOJ continues to pursue its primary mission "To Uphold the Rule of Law" with its "Justice for All" motto. The Office of the Secretary (OSEC) is composed of the National Prosecution Service, the Legal Staff, the Administrative, Financial, Technical and Planning and Management Services and the Board of Pardons and Parole. The constituent and attached agencies include the National Bureau of Investigation (NBI), Bureau of Immigration (BI), Public Attomey’s Office (PAO), Office of the Solicitor General (OSG), Office of the Government Corporate Counsel (OGCC), Bureau of Corrections (BuCor), Parole and Probation Administration (PPA), Presidential Commission on Good Government (PCGG) and the Land Registration Authority (LRA).
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Sources:
EO No. 292 S. 1987, otherwise known as Administrative Code of 1987
Letter of Implementation No. 20 relative to Part XXI on Administration of Justice and other pertinent provisions of the Integrated Reorganization Plan (IRP)
De Ocampo, Esteban and Minerva P.G. Reyes, Democratization & Humanization of Justice
Ministry of Justice Report 1980
Sy, Geronimo L., Foundations of Prosecution: A History of the Department of Justice National Prosecution Service
Tuquero, Artemio, Crime Prevention and Control Strategies: The Role of the Public Prosecutor, the Prosecutor, 4th Quarter, Vol. 1 No. 3, 1988
[ REPUBLIC ACT No. 10071]
AN ACT STRENGTHENING AND RATIONALIZING THЕ
NATIONAL PROSECUTION SERVICE
Title: "Prosecution Service Act of 2010"
Key Provisions:
1. Creation and Structure of the National Prosecution Service (NPS)
Establishes the National Prosecution Service (NPS) under the Department of Justice (DOJ).
Includes the Prosecution Staff, Regional, Provincial, and City Prosecution Offices.
2. Role of the Secretary of Justice
Has the authority to intervene in cases involving national security or miscarriage of justice.
Can review, reverse, or modify decisions of all levels of prosecutors.
3. Prosecution Staff
Assists the Secretary of Justice in appeals and prosecution of specific criminal cases.
Investigates administrative charges, gives legal opinions, and monitors criminal cases.
4. Regional Prosecution Offices
Established in each administrative region (excluding NCR).
Headed by a Regional Prosecutor, who supervises provincial and city prosecutors and has extensive administrative powers.
5. Provincial and City Prosecutors
Each province/city shall have its own prosecutor and a number of deputies and assistants based on court branch ratios.
Handle investigation and prosecution of crimes within their jurisdiction.
6. Prosecutor Ranks and Qualifications
Prosecutors ranked from Prosecutor I to Prosecutor V with corresponding salaries and benefits comparable to judges.
Appointed by the President upon DOJ recommendation.
7. Promotions and Appointments
A Selection and Promotion Board headed by the Prosecutor General screens candidates.
Automatic creation or upgrading of prosecutor positions when new courts are established.
8. Salaries and Allowances
Prosecutors’ salaries paid from national funds, with additional allowances (up to 50%) from local governments.
All compensation exempt from income tax.
9. Retirement Benefits
Prosecutors retiring at 60 or 65 years (with at least 15 years of service) receive a lifetime pension based on their highest compensation.
Automatic pension increase when salary for active counterparts increases.
Restrictions on post-retirement government-related legal practice.
10. Continuity, Security of Tenure, and Non-Demotion
Incumbent prosecutors will retain their positions and titles upgraded where applicable.
No prosecutor may be transferred or demoted except under specified conditions.
Temporary assignments require written consent if exceeding three months.
11. Budget and Implementation
Initial funding of ₱50 million allocated from the National Treasury for the Office of the Prosecutor General.
Annual funding to be included in the DOJ budget.
Final Clauses:
Repeals inconsistent laws and executive issuances.
Ensures separability of provisions if parts are declared unconstitutional.
Takes effect 15 days after publication in newspapers or the Official Gazette.