Administrative Code of 1987/Book IV/Title III/Chapter 2

by Corazon Aquino

Layout 2

Chapter 2—Department Proper

Sec. 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 Services, Legal Staff and the Office of the Chief State Prosecutor.

Sec. 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, that such responsibility shall be with respect 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 the operational activities of the Department;

(3) Coordinate the programs and projects of the Department for efficient and effective administration;

(4) Serve as deputy for 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.

Sec. 7. Legal Staff.—The Legal Staff shall have the following functions:

(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;

(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;

(3) Maintain and supervise the operation of the Department Law Library as well as its personnel; and

(4) Perform such other functions as are now or may hereafter be provided by law or assigned by the Secretary.

Sec. 8. Office of the Chief State Prosecutor.—The Office of the Chief State Prosecutor shall have the following functions:

(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;

(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.

Sec. 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.

All provincial/city prosecution offices shall continue to discharge their functions under existing law.

All provincial and city prosecutors and their assistants shall be appointed by the President upon the recommendation of the Secretary.