Creation and powers of the Tanodbayan

Qualification, disqualification, and term

The Tanodbayan and Deputies must be not members of the bar and must be well equipped to analyze problems of law, administration, and public policy.
The Tanodbayan and Deputies must not have been actively involved in partisan affairs.
During tenure, the Tanodbayan and Deputies must not engage in the practice of any profession or the management of any business.
During tenure, the Tanodbayan and Deputies must not be financially interested, directly or indirectly, in any contract with or in any franchise or privilege and granted instrumentality thereof, including government-owned or controlled corporations.
The Tanodbayan and Deputies serve a seven (7) year term without reappointment, unless removed by the President upon a determination that they have become incapacitated or have been guilty of neglect of duty or misconduct.
If the Tanodbayan office becomes vacant, the Senior Deputy Tanodbayan serves as Acting Tanodbayan until the Tanodbayan is appointed for a full term.

Compensation and non-diminution

The Tanodbayan receives an annual salary of PHP 60,000 unless otherwise provided by law.
Each Deputy Tanodbayan receives an annual salary of PHP 50,000 unless otherwise provided by law.
The salary of the Tanodbayan and Deputies shall not be diminished during continuance in office.

Core definitions

Administrative agency means any department or other governmental unit, including government-owned or controlled corporations, any official, or any employee acting or purporting to act by reason of connection with the government, but excludes:
- any court or judge, or appurtenant judicial staff;
- the members, committee, or staffs of the National Assembly except members performing executive functions;
- the President or the President’s personal staff; and
- the members of the Constitutional Commissions and their personal staffs.
Administrative act refers to any action including decisions, omissions, recommendations, practices, or procedures of an administrative agency.
Failure of justice refers to the defeat of a particular right or the failure or want of reparation for a particular wrong due to lack or inadequacy of a legal remedy for enforcement or redress.

Investigative and inspection powers

The Tanodbayan may investigate, on complaint by any person or on its own motion or initiative, any administrative act, whether or not it amounts to any criminal offense, committed by an administrative agency including government-owned or controlled corporations.
The Tanodbayan prescribes the methods by which complaints are to be made, received, and acted upon.
The Tanodbayan may determine the scope and manner of investigations and, subject to the Decree, the form, frequency, and distribution of its conclusions and recommendations.
Each administrative agency must give the Tanodbayan assistance and information deemed necessary; the Tanodbayan may examine records and documents of administrative agencies.
The Tanodbayan may enter and inspect premises within an administrative agency as part of its control, but must desist where the President, in writing, certifies that such information, examination, or inspection might prejudice the national interest.
Information obtained is confidential, unless the President, in the interest of public service, decides otherwise.
The Tanodbayan may issue a subpoena to compel any person to appear, give sworn testimony, or produce documentary or other evidence relevant to the inquiry.
The Tanodbayan may undertake, participate in, or cooperate with general studies or inquiries, whether or not related to a particular administrative agency or administrative act, to enhance knowledge or lead to improvements in administrative agencies’ functioning.

What the Tanodbayan investigates

In selecting matters for attention, the Tanodbayan addresses administrative acts that might be:
- contrary to law or regulation;
- unreasonable, unfair, oppressive, or inconsistent with the general course of an administrative agency’s functioning;
- mistaken in law or arbitrary in ascertainments of facts;
- improper in motivation or based on irrelevant considerations;
- unclear or inadequately explained when reasons should have been revealed;
- inefficiently performed; or
- otherwise objectionable.
The Tanodbayan may also focus on strengthening procedures and practices that lessen the risk of occurrence of objectionable administrative acts.

Complaint handling and agency consultation

The Tanodbayan may receive a complaint from any source concerning an administrative act.
The Tanodbayan conducts a suitable investigation into the things complained of at no expense to the complainant unless the Tanodbayan believes one of the following bars applies:
- the complainant has another remedy or complaint channel that the complainant could reasonably be expected to use;
- the grievance pertains to a matter outside the Tanodbayan’s power;
- the complainant’s interest is insufficiently related to the subject matter;
- the complaint is trivial, frivolous, vexatious, or not made in good faith;
- other complaints are more worthy of attention;
- the Tanodbayan’s resources are insufficient for adequate investigation; or
- the complaint has been too long delayed to justify present examination of its merits.
After completing consideration of a complaint, whether investigated or not, the Tanodbayan shall suitably inform the complainant and, when appropriate, the involved administrative agency or agencies.
Letters to the Tanodbayan from persons in detention or in a hospital or other institution under an administrative agency’s control must be immediately forwarded, unopened, to the Tanodbayan.
Before announcing any conclusion or recommendation that criticizes an administrative agency or any person, the Tanodbayan must consult with that agency or person.

Recommendations, adverse views, and publication

When the Tanodbayan believes an administrative agency should take action (including further consideration, modification or cancellation of an administrative act, alteration of a regulation or ruling, full explanation of the administrative act, or other step), the Tanodbayan must state its recommendations to the administrative agency.
If requested, the agency must, within the time specified by the Tanodbayan, inform the Tanodbayan about actions taken or reasons for not complying with the recommendations.
If the Tanodbayan believes an administrative action is dictated by laws whose result is unfair or otherwise objectionable, the Tanodbayan must bring to the National Assembly its views on desirable statutory change.
The Tanodbayan may publish its conclusions, recommendations, and suggestions by transmitting them to the President, the National Assembly, committees, the press, and others concerned.
When publishing an opinion adverse to an administrative agency or official, the Tanodbayan must include the substance of any statement made by the administrative agency or official to explain past difficulties or present rejection of the Tanodbayan’s proposals, unless excused by the affected agency or official.

Reporting to President and Congress

The Tanodbayan reports to the National Assembly and the President on or about August 15 of each year concerning exercise of functions during the preceding calendar year.
The annual report is published in the official Gazette.
Copies of the report are furnished to provincial governors and city mayors.
In discussing matters it dealt with, the Tanodbayan need not identify those immediately concerned if identification would cause needless hardship.
If the annual report criticizes named agencies or officials, it must include the substance of their replies to the criticism.

Office of the Chief Special Prosecutor

An Office of the Chief Special Prosecutor is created in the Tanodbayan composed of:
- a Chief Special Prosecutor;
- an Assistant Chief Special Prosecutor; and
- nine (9) Special Prosecutors.
The Chief Special Prosecutor and Assistant Chief Special Prosecutor and Special Prosecutors must have the same qualifications as provincial and city fiscals and are appointed by the President.
The President may, in discretion, designate the Chief State Prosecutor of the Ministry of Justice or any other ranking official in the prosecutory arm of the government as Ex-Officio Chief Special Prosecutor and/or Assistant Chief Special Prosecutor.
If the Chief State Prosecutor and/or Assistant Chief Special Prosecutor are filled by designation or held in ex-officio capacity, the incumbents receive no additional compensation other than allowances, per diems, and traveling expenses determined by the Tanodbayan under existing law, rules, and regulations.
Compensation is: PHP 40,000.00 for the Chief Special Prosecutor, PHP 38,000.00 for the Assistant Chief Special Prosecutor, and PHP 34,000.00 for each Special Prosecutor, and these compensation amounts are not diminished during tenure.
The Chief Special Prosecutor, Assistant Chief Special Prosecutor, and Special Prosecutors have exclusive authority to conduct preliminary investigation of all cases cognizable by the Sandiganbayan.
They file the corresponding informations and direct and control prosecution of such cases in the Sandiganbayan.
The Tanodbayan may, upon recommendation of the Chief Special Prosecutor, designate any fiscal, state prosecutor, or lawyer in government service as Special Prosecutor to assist in investigation and prosecution of all Sandiganbayan cases, without additional compensation except allowances, per diems, and traveling expenses as determined under existing law, rules, and regulations.
No publicity is allowed during the pendency of such preliminary investigation, and the name of the complainant and the accused must not be made public until an information is filed with the Sandiganbayan.
The Chief Special Prosecutor, Assistant Chief Special Prosecutor, Special Prosecutors, and designated prosecutors/lawyers may administer oaths, issue subpoenas and subpoenas duces tecum, summon and compel witnesses to appear and testify under oath, and secure attendance of absent or recalcitrant witnesses through application before the Sandiganbayan or any inferior or superior court having jurisdiction of the place where the witness or evidence is found.
The Chief Special Prosecutor, Assistant State Prosecutor, Special Prosecutor, and those designated to assist them are under the control and supervision of the Tanodbayan. Their resolutions and actions are not subject to review by any administrative agency.

Special investigation and assistance

The Tanodbayan may appoint and compensate Special Investigators and subordinate personnel to assist the Chief Special Prosecutor, and/or detail officers or employees of the government or government-owned or controlled corporations to the Office of the Chief Special Prosecutor.
Appointed or detailed personnel receive no additional compensation except per diems, traveling and necessary expenses as determined by the Tanodbayan under existing law, rules, and regulations.
Special Investigators and subordinate personnel are under the supervision and control of the Chief Special Prosecutor.
Special investigators’ appointment is subject to the Civil Service law and rules.
Upon proper request of the Chief Special Prosecutor, the Tanodbayan may require assistance and services of any department, agency, or bureau of a government-owned or controlled corporation for the performance of duties and functions.

Prosecution of public personnel

If the Tanodbayan has reason to believe that any public official, employee, or other person acted in a manner warranting criminal or disciplinary action, the Tanodbayan must cause investigation by the Office of the Chief Special Prosecutor.
The Office of the Chief Special Prosecutor must file and prosecute the corresponding criminal or administrative case before the Sandiganbayan or the proper court, or before the proper administrative agency.
In case of failure of justice, the Tanodbayan must make appropriate recommendations to the concerned administrative agency.

Immunities and witness rights

No proceeding, opinion, or expression of the Tanodbayan or any member of its staff is reviewable in any court.
No civil action lies against the Tanodbayan or any member of its staff for anything done or said or omitted in discharging responsibilities under the Decree.
The Tanodbayan and members of its staff are not required to testify or produce evidence in any judicial, legislative, or administrative proceeding concerning matters within their official cognizance, except in a proceeding brought to enforce the Decree.
Persons required by the Tanodbayan to provide information must be paid the same fees and travel allowances as are extended to witnesses whose attendance is required in the courts of first instance.
Persons who, with or without compulsory process, provided oral or documentary information requested by the Tanodbayan must be accorded the same privileges and immunities as witnesses in courts.
Such persons are entitled to be assisted by counsel while being questioned.
If a person refuses to respond to the Tanodbayan’s subpoena, refuses to be examined, or engages in obstructive misconduct, the Tanodbayan must certify the facts to the Sandiganbayan or the court of first instance.
Upon receipt of the certified facts, the court must issue an order directing the person to appear to show cause why the person should not be punished for contempt, and the order and a copy of the Tanodbayan’s certified statement must be served on the person.
After issuance of the order, the court has jurisdiction of the matter and the same proceedings apply, the same penalties may be imposed, and the person may purge the contempt in the same way as a person committed contempt during trial in criminal or civil action.

Obstruction penalty

A person who willfully obstructs or hinders the proper exercise of the Tanodbayan’s functions, or willfully misleads or attempts to mislead the Tanodbayan in its inquiries, is fined not more than PHP 5,000.00.

Repeals, appropriation, and effectivity

Republic Act No. 6028 and all laws, General Orders, Presidential Decrees, Letters of Instructions, rules and regulations inconsistent with Presidential Decree No. 1607 are repealed.
Provisions of Presidential Decree No. 1607 are in addition to and do not limit or affect other enactments providing remedies or rights of appeal, or procedures for inquiry or investigation.
Powers conferred on the Tanodbayan may be exercised notwithstanding any enactment making administrative action final or unappealable.
PHP 5,000,000.00 is appropriated to carry out the Decree, and thereafter the appropriation for the Office of the Tanodbayan is included in the general appropriation act.
Presidential Decree No. 1607 takes effect immediately.
The decree is dated December 10, 1978 and is signed by Ferdinand E. Marcos.