LEA DOJ Flashcards by Kokoryu Kasendailyty

AN ACT REORGANIZING AND MODERNIZING THE NATIONAL BUREAU OF
INVESTIGATION (NBI), AND PROVIDING FUNDS THEREFOR (Approved: June 23, 2016)

R.A. NO. 10867

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This Act shall be known as the “National Bureau of Investigation Reorganization
and Modernization Act”.

SEC 1

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The NBI is hereby reorganized and
modernized to adequately meet the increasing demands of an expanded investigative and detective
work.

Sec. 3. R.A. NO. 10867:
Reorganization, Modernization, and Expansion

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The NBI shall have the following powers and functions:
(a) Undertake investigation and detection of crimes and offenses enumerated under Section 5
hereof;
(b) Issue subpoena for the appearance of any person for investigation or production of
documents, through its officers from the ranks of Regional Director to Director;
(c) Act as a national clearing house of criminal records and other related information for the
benefit of the government;
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(d) Render technical assistance to government agencies and instrumentalities, when so
requested;
(e) Extend assistance in cases involving extradition and mutual legal assistance, when requested
by the Department of Justice;
(f) Establish an NBI Academy which shall be responsible for the recruitment, training, and
development of all NBI agents and personnel, among others;
(g) Establish and maintain a Forensic and Scientific Research Center which shall serve as the
primary center for forensic and scientific research in furtherance of scientific knowledge in criminal
investigation, detection, evidence collection and preservation, and provide the necessary training
therefor;
(h) Establish and maintain a Cyber Investigation and Assessment Center which shall serve as the
nerve center for computer information technologies, data on cybercrime cases, computer intrusion,
threats, and other related crimes or activities;
(i) Establish and maintain an integrated, comprehensive, and state-of-the-art network of
equipment and facilities to be used by the NBI in its criminal investigation, detection, and evidence
gathering, and to provide the corresponding training in this regard;
(j) Request the assistance of the Philippine National Police (PNP), Armed Forces of the
Philippines, or any other agency of the government, including government-owned and/or -controlled
corporations, in its anti-crime drive. Such assistance may include the use of the agency’s personnel and
facilities upon prior approval by the head of the agency concerned;
(k) Conduct intelligence operations in furtherance of the foregoing powers and functions;
(1) Enter into any contract or transaction for the acquisition, ownership, possession,
administration, lease, disposition or acceptance of real or personal property in its name, subject to the
approval of the Secretary of Justice;
(m) Establish a modern NBI Clearance and Identification Center containing all derogatory and
criminal records and civilian identification records, including their identifying marks and characteristics
and fingerprint database, as well as dental records pursuant to Presidential Decree No. 1575, entitled
“Requiring Practitioners of Dentistry to Keep Records of Their Patients”;
(n) Maintain, for purposes of investigative and forensic requirements of the NBI, relevant
database such as ballistic records of firearms including, but not limited to, data ownership, possession,
and other related identifying circumstances; and Deoxyribonucleic Acid (DNA) databank; and
(o) Perform such other functions as the President or the Secretary of Justice may assign.

Sec. 4. Powers and Functions.

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The NBI shall have primary jurisdiction to undertake investigations in the following
cases:
(a) Human Trafficking cases in all airports in the Philippines;
(b) Extrajudicial/Extra-legal killings committed by the state’s security forces against media
practitioners and activists;
(c) Killings of justices and judges;
(d) Violation of Republic Act No. 10175, otherwise known as the “Cybercrime Prevention Act”;
(e) Cases referred by the Inter-Agency Anti-Graft Coordinating Council (IAGCC);
(f) Violations of the Anti-Dummy Law;
(g) Cases involving threats to security or assaults against the persons of the President, Vice
President, Senate President, Speaker of the House of Representatives, and Chief Justice of the Supreme
Court;
(h) Transnational crimes pursuant to existing international agreements;
(i) Identification of the dead/victims in case of mass fatality incidents caused by natural
disasters; and
(j) Violations of commercial, economic, and financial or white-collar crimes such as, but not
limited to, those punishable under Republic Act No. 8792, otherwise known as “E-Commerce Act of
2000”; Republic Act No. 8484, otherwise known as “Access Devices Regulations Act of 1998”; Republic
Act No. 8293, otherwise known as “Intellectual Property Code of the Philippines”; Republic Act No. 8799,
otherwise known as “Securities Regulation Code”; Presidential Decree No. 1689, otherwise known as
“Decree Increasing the Penalty for Certain Forms of Estafa”, and other similar penal statutes that may be
enacted by Congress.
Provided, however, That the President or the Secretary of Justice may direct the NBI to
undertake the investigation of any crime when public interest so requires.
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Once the NBI takes cognizance of any of the aforementioned cases, the PHP and other law
enforcement agencies/investigative entities shall collaborate with and render assistance to the NBI. In
cases where jurisdiction is vested exclusively and/or primarily with the PNP or other law enforcement
agency/investigating agency, the NBI shall collaborate with and render assistance to the same.

Sec. 5. Jurisdiction

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Old name of Bureau of Corrections (BuCor)

Bureau of Prisons

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known as the Bureau of Corrections Act of 2013

Republic Act No. 10575

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Passed date of the Bureau of Corrections Act of 2013 (Republic Act No. 10575)

24 May 2013,

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(7) correctional facilities

New Bilibid Prison Muntinlupa City
Correctional Institution for Women Mandaluyong City
Iwahig Prison and Penal Farm Puerto Princesa City, Palawan
Davao Prison and Penal Farm Davao Del Norte
Sablayan Prison and Penal Farm Occidental Mindoro
San Ramon Prison and Penal Farm Zamboanga City
Leyte Regional Prison Abuyog, Leyte

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Functions of BuCor (7)

Safekeep prisoners convicted by courts three (3) years and one (1) day and above to serve
sentence in prison.
Prevent prisoners from committing crimes.
Provide inmates basic needs.
Ensure rehabilitation programs are made available to the inmates for their physical,
intellectual and spiritual development.
Develop livelihood programs to assist inmates earn a living and develop their skills while in
prison.

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: Shall manage the housekeeping operations of the
Bureau such as administrative, financial and general ancillary services.

Directorate for Administration (DA)

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Shall oversee the entire operations of the Bureau, and
exercise command, administration and supervision of the entire agency in the pursuit of its mandate.

Office of the Director General:

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: Assist the Director General
in the formulation and implementation of BuCor’s objectives and policies.

Deputy Director General (Operations, Administration and Rehabilitation)

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:Shall spearhead the formulation of
plans, programs and projects, and monitor the implementation thereof. Shall also house the
Management Information System (MIS)

Planning and Management Division (PMD)

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: Shall provide assistance to the Director General and the Bureau
itself on all legal matters

Legal Division (LD)

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Shall provide services relating to personnel, records,
supplies, and cash management.

Administrative Division (AD

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: Shall manage activities pertaining to engineering,
property, and logistics.

General Services Division (GSD)

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Shall handle accounting, budgeting and financial activities.
Directorate for Reception and Diagnostic

Finance Division (FD)

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Shall formulate policies and standards to improve case
management procedures to be used for appropriate individual or for collective rehabilitation plans.

Case Management Division (CMD)

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Shall plan, control, direct and coordinate the
BuCor’s security operations and integrated support activities.

Directorate for Security and Operations

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:Shall provide advisory and technical
support in crafting strategies and program of operations to ensure the safekeeping of inmates.

Security and Safekeeping Division (SSD)

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: Shall formulate plans to pre-empt the
entry of contrabands and thwart the proliferation of illegal activities inside the prison, as well as
review security arrangements. The IID shall also investigate incidents involving inmates and
visitors, and file cases if warranted.

Intelligence and Investigation Division (IID)

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(formerly Rehabilitation
Operations Division): Shall develop standards and guidelines relative to prison sentence
structures, grant of credits for good behavior, parole eligibility, clemency, service of inmate, etc.

Inmates’ Documents and Processing Division (IDPD)

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Shall formulate plans and policies and programs to further
promote the delivery of reformation services through various interventions.

Directorate for Reformation (DR)

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Shall formulate policies and develop programs that strengthen and upgrade literacy of inmates thru formal and non-formal education, vocational and training skills, sports and recreational activities.

Education and Training Division (ETD)

Shall formulate and oversee the implementation of policies and guidelines for the provision of quality health care (clinical, medical, behavioral, etc.) to the inmates.

Health and Welfare Division (HWD)

Shall formulate policies and plans to facilitate the religious, spiritual and pastoral reformation of inmates.

Moral and Spiritual Division (MSD)

Shall craft pre-release and post release plans and programs for inmates who will be rejoining society.

Directorate for External Relations (ERD)

Shall establish programs that provide inmates with the necessary livelihood skills even inside the prison camp.

Work and Livelihood Division (WLD)

Establish linkages with NGOs, private companies and concerned government agencies for the reintegration program of inmates about to be released. The EAD shall also monitor the progress of released inmates as ordinary citizens of the community.

External Affairs Division (EAD)

: Shall directly implement the custodial and reformation programs, projects and activities.

Prison and Penal Farms (PPFs):

The BuCor shall be in-charge of safekeeping and instituting reformation programs to national inmates sentenced to more than three (3) years.

Sec 4. The Mandates of the Bureau of Corrections

– The safekeeping of inmates shall include decent provision of quarters, food, water and clothing in compliance with established United Nations standards. The security of the inmates shall be undertaken by the Custodial Force consisting of Corrections Officers with a ranking system and salary grades similar to its counterpart in the BJMP.

Safekeeping of National Inmates

The reformation programs, which will be instituted by the BuCor for the inmates, shall be the following: 1) Moral and Spiritual Program 2) Education and Training Program 3) Work and Livelihood Program 4) Sports and Recreation Program 5) Health and Welfare Program; and Behavior Modification Program, to include Therapeutic Community.

Reformation of National Inmates

personnel employed in the implementation of reformation programs and those personnel whose nature of work requires proximate or direct contact with inmates.

Corrections Technical Officers

a) The BuCor shall be headed by a Director who shall be assisted by three (3) Deputy Directors: one (1) for administration, one (1) for security and operations and one (1) for reformation, all of whom shall be appointed by the President upon the recommendation of the Secretary DOJ: Provided, that the Director and Deputy Directors of the BuCor shall serve a tour of duty not to exceed six (6) years from the date of appointment: Provided, further, That in times of war or other national emergency declared by Congress, the President may extend such tour of duty.

Sec. 9. Organization and Key Positions of the BuCor

Should have the rank of Senior Inspector, who must have finished at least second year Bachelor of Laws or earned at least twelve (12) units in a master’s degree program in management, public administration, public administration, public safety, criminology, penology, sociology, national security administration, defense studies or other related disciplines from a recognized institution of learning, and must have satisfactorily passed the necessary training or career courses for such position as may be established by the BuCor;

Sub-Colony Supervisor

– Should have the rank of Chief Inspector, who must have finished at least second year Bachelor of Laws or earned at least twenty-four (24) units in a master’s degree program in management, public administration, public safety, criminology, penology, sociology, national security administration, defense studies or other related disciplines from a recognized institution of learning, and must have satisfactorily passed the necessary training or career courses for such position as may be established by the BuCor;

Colony Assistant Superintendent

- Should have the rank of Superintendent, who must be a graduate of Bachelor of Laws or a holder of a master’s degree in management, public administration, public safety, criminology, penology, sociology, national security administration, defense studies or other related disciplines from a recognized institution of learning, and must have satisfactorily passed the necessary training or career courses for such position as may be established by the BuCor: Provided, That in prison and penal farms with an inmate population of two thousand (2,000) but below three thousand (3,000), the Colony Superintendent shall have the rank and qualification of a Colony Senior Superintendent

Colony Superintendent

Should have the rank of Senior Superintendent or Chief Superintendent, who must be a graduate of Bachelor of Laws or a holder of a master’s degree in management, public administration, public safety, criminology, penology, sociology, national security administration, defense studies or other related disciplines from a recognized institution of learning, and must have satisfactorily passed the necessary training or career courses for such position as may be established by the BuCor: Provided, That in prison and penal farms with an inmate population of three thousand (3,000) but below five thousand (5,000), the Regional Superintendent shall have the rank and qualification of a Colony Senior Superintendent: Provided, further, That in prison and penal farms with an inmate population of over five thousand (5,000), the Regional Superintendent shall have the rank and qualification of a Chief Superintendent.

Regional Superintendent

Principally responsible for the administration and enforcement of immigration, citizenship, and alien admission and registration laws in accordance with the provisions of the Philippine Immigration Act of 1940

Bureau of Immigration (BI)

also known as the Anti-Trafficking in Persons Act of 2003.

RA 9208

The Bureau of Immigration (BI) is principally responsible for the administration and enforcement of immigration, citizenship, and alien admission and registration laws in accordance with the provisions of ____________________?

Philippine Immigration Act of 1940

Just review the GENERAL AND SPECIFIC FUNCTIONS of BI.

Just review the GENERAL AND SPECIFIC FUNCTIONS:)

— This Act shall be known and cited as the “Comprehensive Dangerous Drugs Act of 2002”.

R.A. 9165

AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, REPEALING REPUBLIC ACT NO. 6425

R.A. 9165 (Approved: JUN 07 2002)

— The Narcotics Group of the PNP, the Narcotics Division of the NBI and the Customs Narcotics Interdiction Unit are hereby abolished; however they shall continue with the performance of their task as detail service with the PDEA, subject to screening, until such time that the organizational structure of the Agency is fully operational and the number of graduates of the PDEA Academy is sufficient to do the task themselves: Provided, That such personnel who are affected shall have the option of either being integrated into the PDEA or remain with their original mother agencies and shall, thereafter, be immediately reassigned to other units therein by the head of such agencies. Such personnel who are transferred, absorbed and integrated in the PDEA shall be extended appointments to positions similar in rank, salary, and other emoluments and privileges granted to their respective positions in their original mother agencies. The transfer, absorption and integration of the different offices and units provided for in this Section shall take effect within eighteen (18) months from the effectivity of this Act: Provided, That personnel absorbed and on detail service shall be given until five (5) years to finally decide to join the PDEA. Nothing in this Act shall mean a diminution of the investigative powers of the NBI and the PNP on all other crimes as provided for in their respective organic laws: Provided, however, That when the investigation being conducted by the NBI, PNP or any ad hoc anti-drug task force is found to be a violation of any of the provisions of this Act, the PDEA shall be the lead agency. The NBI, PNP or any of the task force shall immediately transfer the same to the PDEA: Provided, further, That the NBI, PNP and the Bureau of Customs shall maintain close coordination with the PDEA on all drug related matters.

SEC. 86. Transfer, Absorption, and Integration of All Operating Units on Illegal Drugs into the PDEA and Transitory Provisions.

AN ACT TO COMPILE THE LAWS RELATIVE TO LAND TRANSPORTATION AND TRAFFIC RULES, TO CREATE A LAND TRANSPORTATION COMMISSION AND FOR OTHER PURPOSES

REPUBLIC ACT No. 4136

Mandate and Functions of LTO

* Inspection and Registration of Motor Vehicles * Issuance of License and Permits * Enforcement of Land Transportation Rules and Regulations * Adjudication of Traffic Cases * Collection of Revenues for the Government

(a) There is created under the Department of Public Works and Communications an office which shall be designated and known as the Land Transportation Commission, composed of one Commissioner and one Deputy Commissioner, who shall be vested with the powers and duties hereafter specified. Whenever the word "Commission" is used in this Act, it shall be deemed to mean the Land Page | 87 Transportation Commission, and whenever the word "Co

Section 4. Creation of the Commission.

This Act shall be known as the "Land Transportation and Traffic Code."

REPUBLIC ACT No. 4136 Section 1. Title of Act

AN ACT ESTABLISHING THE PHILIPPINE COAST GUARD AS AN ARMED AND UNIFORMED SERVICE ATTACHED TO THE DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS, THEREBY REPEALING REPUBLIC ACT NO. 5173, AS AMENDED, AND FOR OTHER PURPOSES

REPUBLIC ACT NO. 9993, Approved: February 12, 2010

The Philippine Coast Guard, hereinafter referred to as the PCG, is hereby established as an armed and uniformed service attached to the Department of Transportation and Communications (DOTC): Provided, That in times of war, as declared by Congress, the PCG or parts thereof, shall be attached to the Department of National Defense.

REPUBLIC ACT NO. 9993 SEC. 2. Establishment

— Gender concerns should be addressed in all planning activities, setting of priorities, allocating of resources and identifying actions and activities of the PCG. It should also incorporate a gender sensitive perspective in the implementation of such plans and programs.

REPUBLIC ACT NO. 9993 SEC. 4. Gender Sensitivity Program.

The PCG shall be headed by a Commandant who shall carry the rank of Coast Guard Admiral: Provided, That he shall be appointed by the President from among the Flag Officers in the Coast Guard service. He shall hold a command-at-sea badge and must have served as a District Commander of the PCG. The Commandant shall have a maximum term of three (3) years. A Commandant who has served for three (3) years prior to his compulsory retirement shall be considered as retired and entitled to all the benefits available to a Coast Guard officer as if he is compulsorily retired.

SEC. 5. The PCG Commandant

The PCG shall consist of the following categories of officers and employees: PCG officers; PCG non-officers; PCG non-uniformed personnel; Probationary ensign; and Cadets and Cadettes.

SEC. 6. Organization

SEC. 8. Distribution of Flag Officers.

The number of Flag Officers herein authorized shall be distributed to the various Flag Officer ranks in accordance with the schedule as hereunder prescribed: Coast Guard Admiral 1 Coast Guard Vice Admiral 1 Coast Guard Rear Admiral 5 Coast Guard Commodore 15

— The maximum tenure of officers in the ranks of Captain and Flag Officer in the PCG are hereby prescribed as follows: Rank Maximum tenure in Rank Coast Guard Admiral three (3) years Coast Guard Vice Admiral three (3) years Coast Guard Read Admiral three (3) years Coast Guard Commodore five (5) years Coast Guard Captain seven (7) years

SEC. 9. Maximum Tenure in Rank

Appointments of PCG officers, which shall be in the initial rank of Coast Guard Ensign, shall be made by the Secretary of the DOTC upon the recommendation of the PCG Commandant. The initial appointment ranks of chaplains, dentists, lawyers, medical doctors and veterinarians shall be Coast Guard Lieutenant.

SEC. 12. Appointments.

The uniformed personnel of the PCG shall receive the same base pay, longevity pay, hazard pay and other benefits and allowances as are now or hereafter may be authorized for corresponding salary grades and ranks in the Armed Forces of the Philippines (AFP) until such time that a new law is enacted for the purpose. The salaries and allowances of the non-uniformed employees of the PCG shall be in accordance with Civil Service laws, rules and regulations.

SEC. 14. Salaries and other Benefits

— For purposes of this Act, the active service of PCG personnel hereof shall refer to services rendered as an officer, non-officer, probationary ensign, or those rendered as a civilian official or employee in the PCG prior to the date of separation or retirement from the PCG: Provided, That the term active service shall include confirmed services rendered as a civilian employee in the Philippine government.

SEC. 15. Active Service.

— The applicable and pertinent provisions of the AFP Military Justice System shall be adopted in disciplinary cases against PCG officers and non-officers. The applicable rules, regulations and guidelines promulgated by the Civil Service Commission shall govern cases against PCG non-uniformed employees.

SEC. 16. Disciplinary Action.

— Officers and non-officers who voluntarily resign or otherwise fail to comply with the standards of competence and proficiency of the PCG, shall be separated from the service under existing laws, rules and regulations. The separation of non-uniformed personnel shall be in accordance with Civil Service laws, rules and regulations

SEC. 19. Separation from Service.

Upon attaining fifty-six (56) years of age or upon accumulation of thirty (30) years of continuous satisfactory active service, whichever comes later, a PCG officer or non-officer shall be compulsorily retired: Provided, That said officer or non-officer shall have a minimum of twenty (20) years of active service. The retirement of non-uniformed personnel shall be governed by Civil Service laws, rules and regulations.

SEC. 17. Retirement.

— Monthly retirement pay of officer and non-officers shall be fifty percent (50%) of base pay and longevity pay of the next higher grade last held in case of twenty (20) years of active service, increasing by two and one-half percent (2 ½%) for every year of service rendered beyond twenty (20) years to a maximum of ninety percent (90%) for thirty-six (36) years of active service and over. The retirement benefits of non-uniformed personnel shall be governed by Civil Service/Government Service Insurance System Law

SEC. 18. Retirement Benefits.

The PCG shall collect fees, dues, charges and fines relevant to the exercise of its various functions.

SEC. 20. Collection of Revenues

The Secretary of the DOTC shall issue rules and regulations, determine, fix, and/or prescribe charges, rates, penalties pertinent, as may be necessary, to implement the provisions of this Act, as well as the provision of acts, decrees and orders related to the implementation of the PCG functions.

SEC. 21. Rules and Regulations.

The PCG shall continue to exercise exclusive ownership, possession, control and supervision over all properties transferred to it by virtue of Executive Order No. 475 dated 30 March 1998 and Executive Order No. 477 dated 15 April 1998, such as inter alia, vessels, watercrafts, firearms, armaments, munitions, communications and electronic equipment, vehicles, buildings, real estate and lighthouse reservations.

SEC. 22. PCG Properties and Lighthouse Reservations

— In coordination with other appropriate government agencies, the PCG shall develop and enhance its capabilities in the performance of its mandated functions and establish its strategic presence.

SEC. 23. Establishment and Expansion of Coast Guard Bases and Facilities.

The Secretary of the DOTC shall immediately prepare the necessary guidelines to cover the establishment of the PCG as an attached agency to the DOTC, the initial funding of which shall be charged against the current year's appropriations of the PCG and, thereafter, in the annual General Appropriations Act.

SEC. 24. Appropriations.

EXECUTIVE ORDER NO. 311, S. 2004 Signed on April 26, 2004

DESIGNATING THE OFFICE FOR TRANSPORTATION SECURITY AS THE SINGLE AUTHORITY RESPONSIBLE FOR THE SECURITY OF THE TRANSPORTATION SYSTEMS OF THE COUNTRY, EXPANDING ITS POWERS AND FUNCTIONS AND FOR OTHER PURPOSES

The Office for Transportation Security (OTS) is hereby designated as the single authority responsible for the security of the transportation systems of the country, including, but not limited to: a. Civil Aviation, by ensuring that Annex 17 to the Convention on International Civil Aviation, as amended, commonly referred to as the Standards and Recommended Practices on Security and as enumerated in the Security Manual for Safeguarding International Civil Aviation Against Acts of Unlawful Interference, as well as the National Civil Aviation Security Programme (NCASP) are implemented; b. Sea Transport and Maritime Infrastructure, by ensuring that the International Maritime Organization International Ship and Port Facility Security Code (ISPS) is implemented, and that a National Security Programme for Sea Transport and Maritime Infrastructure is formulated, developed and implemented; and c. Land Transportation, Rail System and Infrastructure, by ensuring that a National Security Programme for Land Transportation, Rail System and Infrastructure is formulated, developed and implemented.

SECTION 1. Single Authority

AN ACT TO PROVIDE FOR THE NATIONAL DEFENSE OF THE PHILIPPINES, PENALIZING CERTAIN VIOLATIONS THEREOF, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES.

COMMONWEALTH ACT No. 1

DATE WHERE THE NATIONAL DEFENSE ACT WAS ENACTED OFFICIALLY TO CREATE THE AFP.

21 DEC 1935

—The Executive Staff shall be composed of the Staff for Plans and Programs, Staff for Installation and Logistics, Staff for Public Affairs, Staff for Strategic Assessment, Staff for Comptrollership, Staff for Personnel, and the Legal Service.

SECTION 21. Executive Staff

—The Office of the Secretary shall consist of the Secretary and his immediate staff as determined by him.

SECTION 19. Office of the Secretary

Office of the Undersecretary.—The functions of the Undersecretary shall be as follows: (1) Advise and assist the Secretary in the formulation and implementation of Department’s objectives and policies; (2) Oversee all the operational activities of the Department for which he shall be responsible to the Secretary; (3) Coordinate the programs and projects of the Department, and be responsible for its economical, efficient, and effective administration; (4) Serve as deputy to the Secretary, in all matters relating to the operations of the Department; and (5) Perform such other functions as may be provided by law. When the Secretary is unable to perform his duties owing to illness, absence, or other cause, as in case of vacancy in the Office, the Undersecretary shall temporarily perform the functions of said Office.

SECTION 20.

The Service Staff shall be composed of the Administrative Services Office, and Information Management Office.

SECTION 22. The Service Staff

There shall be a Personal Staff as may be determined by the Secretary.

SECTION 23. Personal Staff