Article 31p. 31

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

(8) Perform such other functions as may be provided

by law.

SECTION

4.

Organizational

Structure .

—

The

Department shall consist of the following constituent

units:

(1) Department Proper;

(2) Office of the Government Corporate Counsel;

(4) Public Attorney's Office (as an attached agency);

(5) Board of Pardons and Parole;

(6) Parole and Probation Administration;

(7) Bureau of Corrections;

(8) Land Registration Authority;

(9) Bureau of Immigration; and

(10) Commission on the Settlement of Land Problems.

(as amended by Republic Act No. 9406, [March 23,

2007])

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

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.

SECTION 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.

SECTION 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.

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.

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.

CHAPTER 3 Office of the Government Corporate Counsel

SECTION 10. Office of the Government Corporate

Counsel . — The Office of the Government Corporate

Counsel (OGCC) shall act as the principal law office of all

government-owned

or

controlled

corporations,

their

subsidiaries, other corporate offsprings and government

acquired asset corporations and shall exercise control and

supervision

over

all

legal

departments

or

divisions

maintained separately and such powers and functions as

are now or may hereafter be provided by law. In the

exercise of such control and supervision, the Government

Corporate Counsel shall promulgate rules and regulations

to effectively implement the objectives of the Office.

The OGCC is authorized to receive the attorney's fees

adjudged in favor of their client government-owned or

controlled corporations, their subsidiaries, other corporate

offsprings and government acquired asset corporations.

These attorney's fees shall accrue to a special fund of the

OGCC,

and

shall

be

deposited

in

an

authorized

government depository as a trust liability and shall be

made available for expenditure without the need for a

Cash Disbursement Ceiling, for purposes of upgrading

facilities

and

equipment,

granting

of

employees'

incentive pay and other benefits, and defraying such

other incentive expenses not provided for in the General

Appropriations

Act

as

may

be

determined

by

the

Government Corporate Counsel.

CHAPTER 4 National Bureau of Investigation

SECTION 11. National Bureau of Investigation . — The

National Bureau of Investigation (NBI) with all its duly

authorized constituent units including its regional and

district offices and rehabilitation centers, shall continue to

perform the powers and functions as are now vested in it

under the existing law and such additional functions as

may hereafter be provided by law.

SECTION 12. The NBI Director and Other Officials . —

The NBI shall be headed by a Director assisted by an

Assistant

Director

and five (5) Deputy Directors, for

Intelligence, Investigation, Technical, Administrative and

Comptroller Services, respectively.

The NBI is also authorized to continue the operation

and maintenance of a Regional Office in each of the

twelve (12) administrative regions of the country, to be

headed

by

a

Regional

Director and assisted by an

Assistant Regional Director.

SECTION 13. Internal Organization and Assignment

of Personnel . — Subject to prior approval of the Secretary

© Compiled by RGL

31 of 162