DEPARTMENT of JUSTICE Office of the City Prosecutor of Carcar (Cebu)
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DEPARTMENT OF JUSTICE Office of the City Prosecutor of Carcar (Cebu) 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 Classification: Simple Type of Transaction: G2C Who may avail: All CHECKLIST OF DOCUMENTARY REQUIREMENTS PROCEDURES No. of Copies Where to Fees Processing Person Document Secure Client Steps Agency Actions to be Time Responsible 1. Complaint-affidavit/sworn-statement of witness/es 5 + Complainant Paid of private complainant/victim (1 original copy, 4 + number of 1. Submit the Check the None 5 minutes Receiving no. of respondent/s photocopies) respondent/s documentary documents. Staff/ 2. Affidavit/sworn-statement of witness/es (1 original 5 + Witness/es requirements properly Docket copy, 4 + no. of respondent/s photocopies) number of bound, arranged, If complete, require Section respondent/s labeled and paged. the complainant to 3. Supporting Documents (1 original copy, 4 + no. of 5 + fill-up the respondent/s photocopies) number of Investigation Data respondent/s 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 Law 2. Fill-out and submit the Check the None 5 minutes Receiving attempted homicide, murder, parricide, Enforcement IDF. completeness of Staff/ and physical injuries cases) Authority data in the IDF and Docket c. Police Investigation Report Law require the Section Enforcement complainant to Authority subscribe/ certify d. Police Sketches (for vehicular collision Law under oath the IDF case) Enforcement and the Authority complainant/witness (es) affidavit/s e. Photographs (for vehicular collision case) Law Enforcement 3. Certify under oath the Administer the oath None 10 minutes Prosecutor Authority information contained on-duty in the IDF and f. Inventory/List of articles/Items subject of Law complaint/witness(es) the offense with their respective values Enforcement affidavits (for theft, robbery, Anti-Piracy and Anti- Authority Highway Robbery, and Anti-Fencing Law 4. Submit to the receiving Stamp “Received” None 5 minutes Receiving cases) staff. with name of office, Staff date, time, name and Docket g. Gambling paraphernalia or its photograph, Law signature of Section if any, item/cash money (bet/wager) (for Enforcement receiving staff. illegal gambling case) Authority Write or stamp the 5 minutes Docketing h. Certification (for Anti-Car Napping Law Traffic assigned NPS Staff/ case) Management docket number on Docket Group/ the IDF. Section Land Transportation Record the 5 minutes Records Office complaint in the Officer/ appropriate logbook Records i. Certification (for illegal possession of Firearms and and electronic Section firearms, ammunitions and explosives Explosives database, if any. cases) Office 5. Receive the duly j. Certification of Non-Licensee or Non- Philippine stamped/ received Holder of Authority (for illegal recruitment Overseas and copy of IDF with case) Employment assigned NPS docket Authority number and sign in k. Chemistry Report/Laboratory examination Law the logbook report signed by forensic chemist (for Enforcement Dangerous Drugs Law/ Comprehensive Authority Dangerous Drugs Act cases) l. Death Certificate (for parricide, murder, Philippine homicide cases) Statistic TOTAL: 35 minutes Authority m. Authority to File Complaint (for violation of Bureau of the Tariff and Customs Laws or National Custom / Internal Revenue Code, respectively) Bureau of Internal Revenue n. Birth Certificate; or dental chart accompanied by the certificate of the Philippine dentist; or affidavit of any of the Statistic parent/disinterested person stating the Authority age and date of birth of the victim/offender (for minor victim/ offender) o. Certificate of discernment (for cases Department of covered by R.A. 9344 "the Juvenile Social Welfare Justice and Welfare Act", in cases where and the offender is 15 years old and below 18 Development years old) 4. Investigation Data Form (1 original copy) 1 Office of the Provincial/City Prosecutor 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 Classification: Simple Type of Transaction: G2C Who may avail: All CHECKLIST OF DOCUMENTARY REQUIREMENTS h. Violation of Illegal Gambling Law (PD 1602) No. of Where to Law Document Gambling paraphernalia Copies Secure Enforcement 1. Affidavit of Arrest/Apprehension (and Affidavit 5 + Law Authority of Turnover if citizen’s Arrest) (1 original copy, number of Enforcement Photograph of the gambling Law 4 + no. of respondent/s photocopies) respondent/s Authority paraphernalia, if any Enforcement 2. Investigation Report (1 original copy, 4 + no. of 5 + Law Authority respondent/s photocopies) (1 original copy, 4 + number of Enforcement Cash money, if any Law no. of respondent/s photocopies) respondent/s Authority Enforcement 3. Affidavit of complainant and witness/es 5 + Complainant Authority (1 original copy, 4 + no. of respondent/s number of and Witness/es i. Illegal Possession of Firearms, Ammunitions and photocopies) respondent/s Explosive (PD 1866, as amended by RA 8294) 4. Supporting Documents (1 original copy, 4 + no. 5 + Chemistry report duly signed by the Law of respondent/s photocopies): number of forensic chemist Enforcement respondent/s Authority a. Murder, Homicide and Parricide Photograph of the explosive, if readily Firearms and Certified true/ machine copy of Philippine available Explosives death certificate of the victim Statistic Office Authority j. Violation of the Fisheries Law (PD 704) Autopsy report and the Law Photograph of the confiscated fish, if Law certificate of post-mortem Enforcement readily available Enforcement examination, if already available Authority Authority Marriage certificate (for parricide Philippine Photograph of fishing paraphernalia, if Law case) Statistic any Enforcement Authority Authority b. Frustrated or Attempted Homicide, Certification Bureau of Murder, Parricide and Physical Injuries Fisheries and Medical certificate of the Hospital Aqua complaining witness/victim k. Violation of RA 9262 (VAWC) showing the nature and extent Marriage Contract/Certificate, or Philippine of the injury and duration of affidavit/evidence of “dating relationship”, Statistic healing if applicable Authority Certification or statement as to Hospital Barangay protection order , if any Barangay Hall duration of the treatment or l. Where the victim/offender is a minor: medical attendance Birth Certificate; or dental chart Certification or statement as to Hospital accompanied by the certificate of the Philippine duration of incapacity for work dentist; or affidavit of any of the Statistics Philippine parent/disinterested person stating the Marriage certificate (in frustrated Authority or attempted murder parricide Statistic age and date of birth of the cases) Authority victim/offender c. Violation of the Dangerous Drugs Certificate of discernment (for cases Department of Law/Comprehensive Dangerous Drugs covered by R.A. 9344 "the Juvenile Social Welfare Act of 2002 (RA 9165) Justice and Welfare Act" and Chemistry report or certificate of Law Development laboratory examination duly Enforcement 5. Investigation Data Form duly accomplished and certified 2 Office