Issuance

DEPARTMENT CIRCULAR SERIES OF 2012

DEPARTMENT CIRCULAR SERIES OF 2011

DEPARTMENT CIRCULAR SERIES OF 2010

DEPARTMENT CIRCULAR NO. 50 SERIES OF 2012

DEPARTMENT CIRCULLAR NO. 049 OF 2012

DEPARTMENT CIRCULAR NO. 011 OF 2011

DEPARTMENT CIRCULAR NO. 66,51,50,49 OF 2010

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27 July 2012

DEPARTMENT CIRCULAR NO. 046

SUBJECT: ASSIGNMENT AND DELINEATION OF REGIONAL/DISTRICT OFFICES OF THE NATIONAL BUREAU OF INVESTIGATION (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:

For dissemination, guidance and compliance.

(signed)
LEILA M. DE LIMA
Secretary

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26 April 2012

DEPARTMENT CIRCULAR NO. 026

TO: Undersecretaries/Assisstant Secretaries, Chiefs of Service/Staff in the Office of the Secretary, Regional/City/Provincial Prosecution Offices, All Heads of Bureaus, Commisions and Offices attached to the Department, All Concerned
SUBJECT: USE OF COMMEMORATIVE PLATES

In the interest of the seryice 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 licem:e plates. As a general rule, commemorative plates should be placed side by side or on top of the registered car plJtes issued by the Land Transportation Office (LTO) and strictly within the period allocated for its use.

Moreover, while the use of special p1ates is authorized for both private and official vehicles, you are advised not to abuse the privilege and always respect traffic rules.

For your guidance.

(signed)
LEILA M. DE LIMA
Secretary

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DEPARTMENT CIRCULAR NO. 025

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

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 bv 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 proisions of R.A. No. 9279 and its IRR, to wit:

a. Department 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 know 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 specified in Section 3 thereof to complete the equivalent of hundred percent (100%) of the basic salary shall he 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 forthwth 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.

(signed)
LEILA M. DE LIMA
Secretary

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13 February 2012

DEPARTMENT CIRCULAR NO. 012

TO: ALL PROSECUTORS
SUBJECT: AUTOMATIC REVIEW OF DISMISSED CASES INVOLVING REPUBLIC 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 Circular amends or modifies all pnor Issuances inconsistent herewith.

For strict compliance.

(signed)
LEILA M. DE LIMA
Secretary

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20 April 2012

MEMORANDUM CIRCULAR NO. 026

TO: THE CHIEF STATE COUNSEL, THE ASSISTANT CHIEF STATE COUNSELS, STATE COUNSELS AND OTHER MEMBERS OF THE LEGAL STAFF
SUBJECT: GROUNDS FOR DECLINING TO RENDER AN OPINION

In order for the Department to more faithfully fulfill its mandate and function as legal counsel for the government (Sections 1 to 3, Chapter 1, Title III, Book IV, Administrative Code of 1987) the Office of the Legal Staff - which is, in turn, mandated to, among others, assist the Secretary in the performance of his duties as Attorney General of the Philippines and as ex-officio legal adviser of governmentowned or controlled corporations or enterprises and their subsidiaries, and 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 (Section 7, Chapter 2) - is hereby advised that, henceforth, the Department shall retain only the following grounds for declining to render opinions:

1. Issues posed have already been passed upon by the courts, Provided that the Department shall not decline rendering an opinion where, although related matters have already been passed upon by the courts, what is being sought from the Department is, for instance, an opinion on the implications of the courts' decision, and other similar matters;
2. Issues that are subjudice;
3. Issues the resolution of which properly pertains to the prosecuting officers;
4. Issues raised by subordinate officials of other offices or agencies, Provided that the Department shall not decline rendering an opinion where there exists exceptional reasons to do so, such as the issue/s raised is/are of national interest or importance, or the subordinate official has raised other sufficient justification as to why his/her request for advice/opinion ought to be granted, including absence of other adequate recourse or remedy, etc.;
5. Issues which are already moot and academic;
6. Issues that do not involve specific legal issues but questions of facts or mixed questions of fact and law; and
7. Issues which are purely hypothetical and speculative.

For compliance.

(signed)
LEILA M. DE LIMA
Secretary

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18 March 2011

MEMORANDUM CIRCULAR NO. 007

TO : All Officials and Employees in the Department Proper
SUBJECT : Rationalizing the Policies and Guidelines in the Use of Biometrics System for Attendance Monitoring Submission of Daily Time Records (DTRs) and Certificate of Service (COS)

I. PURPOSE

1. To consolidate all related Department Circulars and Orders in the use of the Biometrics Service System in attendance monitoring, provide policies and clear guidelines in the submission of the Daily Time Records (DTRs) and Certificate of Service (COS); and

2. To prepare the employees for the eventual integration of the Biometrics System with the payroll and personnel database of the Department Human Resources Management Information System (HRMIS).  

II. SCOPE AND APPLICATION

3. This Circular shall apply to all officials and employees in the Department Proper.  

III. GUIDELINES

4. All employees subject to the submission of Daily Time Records (DTRs) are obliged to register with the Biometrics System with the Management Information Systems Division (MISD) for coverage.

5. Employees enrolled in the system shall records time in/time out daily in the Biometrics System.  

IV. SUBMISSION OF DAILY TIME RECORDS

6. Within three (3) days after the end of each month, Leave Section, Personnel Division shall process and provide a monthly print-out of DTRs for each employee, which shall be distributed to the Heads of Division/Staff/Service for approval within two (2) days.

7. Every Division/Staff/Service shall maintain their respective logbooks or records for internal monitoring/control.

8. Employees on alternative mode of attendance recording shall submit a copy of their respective logbooks to the Leave Section, Personnel Division, a day after the end of each month. The Leave Section shall generate a print-out of DTRs with encoded/filled-up time in/time out based on the submitted logbook and to be returned within two (2) days, duly approved.

9. The Daily Time Record Adjustment/Pass Slip (DTRAS) form shall be used and filled-up every time there will be an adjustment in the time in/time out including those on official time/business indicating the reason thereof and attaching copies of the Department/Office Order and Certificate of Appearance, if applicable.

10. Employees with biometric incompatibility shall secure clearance from the MISD prior to the submission of DTRAS. The use of DTRAS shall be limited to three times only in a given month.

11. All duly approved DTRs shall be submitted to the Leave Section, Personnel Division five (5) days after the end of each month.  

V. SUBMISSION OF CERTIFICATE OF SERVICE

12. Prosecutors including Prosecution Attorneys shall submit their respective Certificates of Service within two (2) days after the end of each month to their respective Division Heads/Senior Deputy State Prosecutor-in-Charge for approval within two (2) days. The same shall be forwarded to the Administrative Officer of the National Prosecution Service who shall submit a monthly report to the Leave Section, Personnel Division, within five (5) days after the end of each month. Other presidential appointees, State Counsels and all other lawyers shall submit their Certificates of Service within two (2) days after the end of each month for approval by the officials exercising immediate supervision over their Division/Staff/Service, who shall in turn submit within three (3) days to the Leave Section, Personnel Division.

13. The Certificates of Service shall contain any record of absences including undertimes.

14. All duly approved Certificates of Service shall be submitted to the Leave Section, Personnel Division, five (5) days after the end of each month.  

VI. ACCOUNTABILITY

15. Each official and employee shall be responsible for the truthfulness and accuracy of the entries in his/her DTR and COS.

16. The Head of Division/Staff/Service shall ensure their subordinates’ compliance with this issuance.

17. The periods specified herein are working days and mandatory. Non-compliance with this Circular, related orders, rules and regulations; any misrepresentation or deception in connection with the implementation of this Circular shall be a ground for withholding salaries and the imposition of disciplinary action in accordance with pertinent Civil Service laws, rules and regulations, as appropriate.  

VII. REPEALING CLASE

18. Existing issuances inconsistent with this Circular are hereby repealed and/or modified accordingly.  

VIII. EFFECTIVITY

19. This Circular shall take effect on 1 April 2011.

(signed)
LEILA M. DE LIMA
Secretary