DEPARTMENT OF JUSTICE Office of the City Prosecutor of Carcar ()

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 ' 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 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 of the signed by the forensic chemist, Authority under oath by the law enforcer or citizen effecting the Provincial/City or if unavailable, field test arrest Prosecutor results on the seized drug as attested to by a PNP Narcotics Command operative or other competent person  Machine copy or photograph of Law the buy-bust money, if available Enforcement PROCEDURES Authority  Affidavit of the poseur buyer, if Law Fees Processing Person any. Enforcement Client Steps Agency Actions to be Time Responsible Authority Paid d. Theft and Robbery, Violation of the 1. The law enforcer Check the documents. None 5 minutes Receiving Anti-Piracy and Anti-Highway Robbery submits the Staff/ Law (PD 532) and Violation of the Anti- documentary If complete, require the Docket Fencing Law (PD 1612) requirements complainant to fill-up the Section  A list/inventory of the articles Law properly bound, Investigation Data Form and items subject of offense Enforcement arranged, labeled (IDF). Authority and paged. If no Affidavit of Arrest and  Statement of their respective Law IDF, return all documents. values Enforcement Authority 2. Fill-out and Check the completeness of None 5 minutes Receiving e. Rape, Seduction, and Forcible submit the IDF. data in the IDF and require Staff/ Abduction with Rape the complainant to Docket subscribe/ certify under Section  The medico-legal report (living Law oath the IDF and the case report) if the victim Enforcement complaint/witness (es) submitted herself for medical or Authority affidavit/s. physical examination 3. Certify under Administer the oath. None 10 minutes Prosecutor f. Violation of the Anti-Carnapping Law oath the on-duty (RA 6539) information  Machine copy of the certificate Land contained in the of motor vehicle registration Transportation IDF and Office complaint/witness  Machine copy of the current Land (es) affidavits. official receipt of payment of the Transportation 4. Submit to the Stamp “Received” with None 5 minutes Receiving registration fees of the subject Office receiving staff. name of office, date, time, Staff/ motor vehicle name and signature of Docket  Photograph of the motor Law receiving staff. Section vehicle, if readily available Enforcement Write or stamp the None 5 minutes Docketing Authority assigned NPS docket Staff/  Certification Traffic number on the IDF. Docket Management Section Group/ Land Record the complaint in the None 5 minutes Records Transportation appropriate logbook and Officer/ Office electronic database, if any. Records  Other evidence of ownership Land Section Transportation 5. Receive duly Office stamped/received g. Violation of the Anti-Cattle Rustling Law copy of IDF with (PD 533) assigned NPS docket number and sign in the logbook

 Machine copy of the cattle TOTAL: 35 minutes certificate of registration

Photograph of the cattle, if Law  readily available Enforcement

Authority

3. Provision of Prosecutor’s Clearance

A Prosecutor’s Clearance is a document issued to an individual who needs the same for the purpose of local employment or foreign employment, foreign travel, firearm license, permit to carry firearms, and retirements. This basically assures that an individual has no pending case/s.

Office or Division: Office of the City Prosecutor Classification: Simple Type of Transaction: G2C Who may avail: All

CHECKLIST OF REQUIREMENTS No. of Document Where to Secure Copies 1. Request Form or documents with case information 1 Office of the City Prosecutor 2. Valid government-issued identification card with photo 1 Government issued ID from any of the following: BIR, DFA, PSA, SSS, GSIS, Pag-IBIG, Philippine Postal Corporation, etc.

PROCEDURES Fees Processing Person Client Steps Agency Actions to be Time Responsible Paid 1. Fill-out and submit the request form together with ID to Check the documentary requirements for completeness. 5 minutes Receiving Staff Docket Section for initial assessment. Docket Section  Make sure to secure the Order of Payment that will be issued. Verify the status of the case. 10 minutes Records Officer Assess and issue Order of Payment, if no pending case. 5 minutes Docket Section Processing of the request 10 minutes 2. Pay the required fees at the Cashier by showing the Accept the payment based on the Order of Payment: 5 minutes Cashier Order of Payment.  Make sure to secure Official Receipt (O.R) that will be  For Firearm License PHP 1,000 1,000 issued upon payment.  For Permit to Carry 500 500  For Business Permit 300 300  For Foreign Travel 200 200  For Retirement/Resignation 100 100  For Foreign Employment 100 100 50  For Local Employment 50

Issue the Official Receipt. 5 minutes 3. Present the O.R. to the Docket Section. Check the Official Receipt and process the request. 5 minutes Records Officer Issue the Certificate to the client. 5 minutes Records Section 4. Receive the clearance and sign in the logbook. Total: 40 minutes

4. Provision of Prosecutor’s Certification of Case Status and Certified Copy of Documents

A copy of a primary/original document that has been certified to prove that such is the true copy of the original document.

Office or Division: Office of the City Prosecutor Classification: Simple Type of Transaction: G2C Who may avail: All

CHECKLIST OF REQUIREMENTS No. of Document Where to Secure Copies 1. Request Form or documents with case information 1 Office of the Regional/Provincial/City Prosecutor 2. Valid government-issued identification card with photo 1 Government issued ID from any of the following: BIR, DFA, PSA, SSS, GSIS, Pag-IBIG, Philippine Postal Corporation, etc.

PROCEDURES Fees Processing Person Client Steps Agency Actions to be Time Responsible Paid 1. Fill-out and submit the request form together with ID to Check the documentary requirements for completeness. 5 minutes Receiving Staff Docket Section for initial assessment. Docket Section  Make sure to secure the Order of Payment that will be Verify the status of the case. 10 minutes Records Officer issued. Issue the Order of Payment if the record is available. 5 minutes Docket Section Start processing the request 10, minutes 2. Pay the required fees at the Cashier by showing the Accept the payment based on the Order of Payment. 5 minutes Cashier Order of Payment.  Make sure to secure Official Receipt that will be issued  For first three (3) pages copy of documents PHP 75 75 upon payment.  Succeeding pages 2 per page 2 Issue the Official Receipt. 5 minutes 3. Return to the Docket Section for the processing and Check the Official Receipt. 5 minutes Records Officer release of certification. Issue the Certificate to the client. 5 minutes Records Section 4. Receive the certification and sign in the logbook. TOTAL: 40 minutes

5. FEEDBACK AND COMPLAINTS MECHANISMS

Client Step Person/Office Agency Action Frontline Service Contact Information Responsible A. Feedback 1. How to file a feedback? a. Accomplish the Client’s Feedback Form at the a. Type DOJ website and click Feedback Frontline Service Form:

www.doj.gov.ph/ citizen_charter_version_3.html

b. Drop the accomplished Client’s Feedback Form b. Answer the feedback form and click a. Compiles the Client’s Feedback Form and Administrative Officer/ into the designated drop box at the Public “Submit Feedback Form.” submit to the head of office. Docket Section Assistance and Complaints Desk (PACD)/Frontline Service 2. How feedback is processed? b. Tabulate, summarize and evaluate the Administrative Officer/ feedback forms using appropriate statistical Docket Section tools. c. Submit the report to the head of office for Administrative Officer/ appropriate action copy furnished the Quality Docket Section Management Representative (QMR) for reference.

 Feedback requiring answers are forwarded to the relevant offices within 3 days upon receipt of the feedback for explanation. d. Relay the answer to the client. Administrative Officer/ Docket Section B. 1. How to file a complaint? a. Go to Public Assistance and Complaint Desk a. Contact the following information: a. Receive and record the complaint in the Administrative Officer/ (PACD) and submit/ report the complaint in logbook. PACD writing/verbal with the following information:  Head of the Regional/Provincial/City Prosecution Office . Full name, address, and contact details of the complainant  ARTA – [email protected] . Details of the act complained of 1-ARTA (2782) . Person(s) charged,  Presidential Complaints Center - 8888 . Name of agency of the person(s) charged, if  CSC Contact Center ng Bayan – applicable, and 09085-881-6565 . Evidence of such violation. 2. How complaints are processed? b. Evaluate the complaint. Administrative Officer/ Docket Section c. Submit / transmit the complaint to the relevant Administrative Officer/ office/unit for explanation. Docket Section d. Submit the report to the head of office for Administrative Officer/ appropriate action. Docket Section e. Send the feedback of the head of office to the Head client. Regional/Provincial/City Prosecution Office