OCP CAVITE CITY 2019.Pdf
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DEPARTMENT OF JUSTICE Office of the City Prosecutor of Cavite City CITIZEN’S CHARTER I. Mandate: The Department of Justice (DOJ) derives its mandate primarily from the Administrative Code of 1987 (Executive Order No. 292). It carries out this mandate through the Department Proper and the Department's attached agencies under the direct control and supervision of the Secretary of Justice. Under Executive Order (EO) 292, the DOJ is the government's principal law agency. As such, the DOJ serves as the government's prosecution arm and administers the government's criminal justice system by investigating crimes, prosecuting offenders and overseeing the correctional system. The DOJ, through its offices and constituent/attached agencies, is also the government's legal counsel and representative in litigations and proceedings requiring the services of a lawyer; implements the Philippines' laws on the admission and stay of aliens within its territory; and provides free legal services to indigent and other qualified citizens. II. Vision: A just and peaceful society anchored on the principles of transparency, accountability, fairness and truth III. Mission: Effective, efficient and equitable administration of Justice IV. Service Pledge: We undertake to provide every person equal access to justice, to faithfully safeguard constitutional rights and ensure that no one is deprived of due process of law. Our commitment is to advocate for reforms in partnership with our stakeholders, to simplify processes and to re-engineer systems to best serve our constituents. We shall work with honor and integrity for the institution, for God and Country. V. Service Specification: 1. Receiving Criminal Complaints for Preliminary Investigation A preliminary investigation is an inquiry or proceeding to determine whether there is a sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof and should be held for trial. Office or Division: Office of the City Prosecutor, Cavite City Classification: Simple Type of Transaction: G2C Who may avail: All CHECKLIST OF DOCUMENTARY REQUIREMENTS n. Birth Certificate; or dental chart Philippine Statistics accompanied by the certificate of the Authority/Civil Document No. of Copies Where to Secure dentist; or affidavit of any of the Registrar 1. Complaint-affidavit/sworn-statement of 5 + no. of Complainant o. parent/disinterested person stating witness/es of private complainant/victim (1 respondent/s the age and date of birth of the original copy, 4 + no. of respondent/s (Note: for victim/offender (for minor victim/ photocopies) Summary offender) Procedure/MTC cases, 2 p. Certificate of discernment (for cases Department of additional covered by R.A. 9344 "the Juvenile Social Welfare and copies as Justice and Welfare Act", in cases Development required by the where the offender is 15 years old Court) and below 18 years old) 2. Affidavit/sworn-statement of witness/es (1 5 + no. of Witness/es 4. Investigation Data Form (1 original copy, 1 2 Office of the City original copy, 4 + no. of respondent/s respondent/s photocopy) Prosecutor photocopies) (Note: for Summary Procedure/MTC cases, 2 additional PROCEDURES copies as required by the Fees Processing Person Court) Client Steps Agency Actions to be Time Responsible 3. Supporting Documents (1 original copy, 4 + 5 + no. of Complainant Paid no. of respondent/s photocopies) respondent/s 1. Submit the Check the None 5 minutes Administrative (Note: for documentary documents. Assistant V Summary requirements properly Receiving Procedure/MTC cases, 2 bound, arranged, If complete, require Section additional labeled and paged. the complainant to copies as fill-up the required by the Investigation Data Court) Form (IDF). a. Certificate to File Action (for offenses Barangay Hall covered by the Katarungang If incomplete, return Pambarangay) all documents. b. Medical Certificate (for frustrated or Government/Private 2. Fill-out and submit the Check the None 5 minutes Administrative attempted homicide, murder, Hospital IDF. completeness of Assistant V parricide, and physical injuries data in the IDF and Receiving cases) require the Section c. Police Investigation Report Philippine National complainant to Police subscribe/ certify d. Police Sketches (for vehicular Philippine National under oath the IDF and the collision case) Police e. Photographs (for vehicular collision Philippine National complainant/witness (es) affidavit/s case) Police f. Inventory/List of articles/Items Philippine National 3. Certify under oath the Administer the oath None 10 minutes Prosecutor information contained on-duty subject of the offense with their Police respective values (for theft, robbery, in the IDF and Anti-Piracy and Anti-Highway complaint/witness(es) Robbery, and Anti-Fencing Law affidavits cases) 4. Submit to the Stamp “Received” None 5 minutes Administrative g. Gambling paraphernalia or its Philippine National receiving staff. with name of office, Assistant V date, time, name Receiving photograph, if any, item/cash money Police (bet/wager) (for illegal gambling and signature of Section case) receiving staff. h. Certification (for Anti-Car Napping Traffic Management Write or stamp the 5 minutes Administrative Law case) Group/ assigned NPS Assistant V LTO docket number on Receiving the IDF. Section i. Certification (for illegal possession of Firearms and Record the 5 minutes Administrative firearms, ammunitions and Explosives Office complaint in the Assistant V explosives cases) appropriate logbook Receiving j. Certification of Non-Licensee or Non- Philippine Overseas and electronic Section Holder of Authority (for illegal and Employment database, if any. recruitment case) Authority 5. Receive the duly k. Chemistry Report/Laboratory PNP Crime Lab stamped/ received examination report signed by copy of IDF with forensic chemist (for Dangerous assigned NPS docket Drugs Law/ Comprehensive number and sign in Dangerous Drugs Act cases) the logbook l. Death Certificate (for parricide, Philippine Statistics murder, homicide cases) Authority/Civil Registrar m. Authority to File Complaint (for Bureau of Custom / TOTAL: 35 minutes violation of the Tariff and Customs Bureau of Internal Laws or National Internal Revenue Revenue Code, respectively) 2. Receiving Criminal Complaints for Inquest Proceedings An inquest proceeding is an informal and summary investigation conducted by a public prosecutor in criminal cases involving persons arrested and detained without the benefit of warrant of arrest issued by the Court for the purpose of determining whether or not these persons should remain under the custody and correspondingly be changed in Court. Office or Division: Office of the City Prosecutor, Cavite City Classification: Simple Type of Transaction: G2C Who may avail: All CHECKLIST OF DOCUMENTARY REQUIREMENTS Statement of their Philippine National Document No. of Copies Where to Secure respective values Police 1. Affidavit of Arrest/Apprehension (and 5 + no. of Philippine National e. Rape, Seduction, and Forcible Affidavit of Turnover if citizen’s respondent/s (Note: Police Abduction with Rape Arrest) (1 original copy, 4 + no. of for Summary The medico-legal Government/Private respondent/s photocopies) Procedure/MTC report (living case Hospital cases, 2 additional copies as required report) if the victim submitted herself for by the Court 2. Investigation Report (1 original copy, 5 + no. of Philippine National medical or physical 4 + no. of respondent/s photocopies) respondent/s (Note: Police examination (1 original copy, 4 + no. of for Summary f. Violation of the Anti- respondent/s photocopies) Procedure/MTC Carnapping Law (RA 6539) cases, 2 additional Machine copy of the Land Transportation copies as required certificate of motor Office by the Court vehicle registration 3. Affidavit of complainant and 5 + no. of Philippine National Land Transportation witness/es respondent/s (Note: Police Machine copy of the Office (1 original copy, 4 + no. of for Summary current official receipt respondent/s photocopies) Procedure/MTC of payment of the cases, 2 additional registration fees of the copies as required subject motor vehicle by the Court Photograph of the Philippine National 4. Supporting Documents (1 original 5 + no. of motor vehicle, if Police copy, 4 + no. of respondent/s respondent/s (Note: readily available photocopies): for Summary Procedure/MTC Certification Traffic Management cases, 2 additional Group/ copies as required Land Transportation by the Court Office a. Murder, Homicide and Other evidence of Land Transportation Parricide ownership Office Certified true/ machine Philippine Statistics copy of death Authority/Civil certificate of the victim Registrar g. Violation of Illegal Gambling Law (PD 1602) Autopsy report and the PNP Crime Lab Gambling paraphernalia Philippine certificate of post- National Police mortem examination, if Photograph of the gambling Philippine already available paraphernalia, if any National Police Marriage certificate Philippine Statistics Cash money, if any Philippine (for parricide case) Authority/Civil National Police Registrar h. Illegal Possession of Firearms, Ammunitions and Philippine b. Frustrated or Attempted Explosive (PD 1866, as amended by RA 8294) National Police Homicide, Murder, Parricide Chemistry report duly signed by the PNP Crime Lab and Physical Injuries forensic chemist Medical certificate of Government/Private Photograph of the explosive, if readily Philippine the complaining