Appointment and Qualifications
- The President appoints the Tanodbayan and Deputies
- Must be members of the bar, capable of analyzing legal and policy issues
- Must not have been actively involved in partisan political affairs
Disqualifications and Restrictions
- Cannot engage in professional practice or manage any business during tenure
- No direct or indirect financial interest in contracts, franchises, or privileges related to government or government-owned/controlled corporations
Term, Salary, and Removal
- Term: Seven years without reappointment
- Can be removed by the President for incapacity, neglect of duty, or misconduct
- Vacancies filled by Senior Deputy Tanodbayan as Acting Tanodbayan
- Tanodbayan salary fixed at ₱60,000; Deputies at ₱50,000, not subject to diminution
Office Organization and Delegation
- Tanodbayan may appoint and compensate necessary assistants and employees
- One Deputy designated as Senior Deputy to act in the Tanodbayan's absence
- May delegate authority within his staff
Definitions
- "Administrative agency" excludes courts, National Assembly members (except for executive functions), the President and personal staff, and Constitutional Commissions and staffs
- "Administrative act" includes actions, decisions, omissions, recommendations, practices, procedures of administrative agencies
- "Failure of justice" means absence or inadequacy of legal remedy causing defeat of rights or reparation
Powers of the Tanodbayan
- Investigate any administrative acts, whether criminal or not
- Prescribe the procedure for filing complaints
- Access information, examine records, and inspect premises of administrative agencies, except where President certifies national interest is at risk
- Issue subpoenas to compel testimony or documents
- Conduct or participate in inquiries and studies to improve administrative agencies
Matters Appropriate for Investigation
- Administrative acts contrary to law, unreasonable, unfair, oppressive
- Acts mistaken in law, arbitrary in fact-finding, improper in motive
- Acts inefficiently performed or otherwise objectionable
- Strengthening procedures to prevent occurrence of such acts
Handling of Complaints
- Receive complaints free of charge
- May dismiss complaints if remedy exists, outside jurisdiction, trivial, vexatious, untimely or resources insufficient
- Inform complainants and agencies of results
- Letters from detainees or hospitalized persons in government control forwarded unopened
Consultation Before Criticism
- Must consult agency or person before issuing critical conclusions or recommendations
Recommendations and Follow-up
- May recommend administrative agencies to reconsider, modify, explain, or take other steps
- Agencies required to inform Tanodbayan of action taken
- May recommend legislative changes to the National Assembly
Publication of Findings
- May publish conclusions and recommendations to the President, National Assembly, press, and concerned parties
- Must include agency responses to criticism unless excused
Annual Reporting
- Submit annual report to National Assembly and President around August 15
- Report published in Official Gazette and furnished to local officials
- Criticisms must include agencies' replies
Office of the Chief Special Prosecutor (CSP)
- Created within the Tanodbayan
- Composed of CSP, Assistant CSP, and nine Special Prosecutors with qualifications like city/provincial fiscals
- Presidential appointment; salaries fixed
- Handles exclusive preliminary investigation and prosecution of cases in Sandiganbayan
- May designate other government prosecutors as Special Prosecutors without additional compensation
- Activities conducted confidentially until filing of information
- Officers can administer oaths, issue subpoenas, summon witnesses, and are under Tanodbayan supervision
Special Investigation Personnel
- May appoint Special Investigators and subordinate personnel
- Personnel subject to Civil Service rules
- May detail government employees to assist
- Assistance from any government agency can be required
Prosecution of Public Officials or Persons
- Tanodbayan to cause investigation if misconduct is suspected
- Cases filed and prosecuted before Sandiganbayan or appropriate courts
- Recommend administrative action if justice fails
Immunities of the Tanodbayan and Staff
- No judicial review of proceedings or opinions
- No civil liabilities for acts done in discharge of duties
- Not compelled to testify or produce evidence except to enforce the decree
Rights and Duties of Witnesses
- Witnesses receive fees and travel allowances
- Privileges and immunities of court witnesses apply
- Entitled to counsel during questioning
- Refusal to comply leads to certification to court for contempt proceedings
Penal Provision on Obstruction
- Willful obstruction or misleading Tanodbayan penalized by a fine up to ₱5,000
Repealing Clause and Relation to Other Laws
- Repeals Republic Act No. 6028 and inconsistent laws
- Powers and provisions additional to existing laws, not limiting remedies or appeals
- Tanodbayan powers exercised notwithstanding finality provisions in other laws
Appropriation and Effectivity
- Initial appropriations of ₱5,000,000 allocated
- Thereafter funded through general appropriations
- Decree took effect immediately upon signing