Creation of Tanodbayan Office, powers, duties

Structure, appointments, and tenure

The Tanodbayan has two Deputies for Luzon, one for the Visayas, and one for Mindanao.
The President appoints the Tanodbayan and his Deputies.
The Tanodbayan and Deputies must be members of the bar, well equipped to analyze problems of law, administration, and public policy.
The Tanodbayan and Deputies must not have been actively involved in partisan affairs.
The Tanodbayan and Deputies serve a term of seven years without re-appointment.
The President may remove the Tanodbayan or any Deputy upon determining incapacity or guilt of neglect of duty or misconduct.
If the Office becomes vacant for any cause, the Senior Deputy Tanodbayan serves as Acting Tanodbayan until the Tanodbayan is appointed for a full term.

Qualifications, disqualifications, and pay

The Tanodbayan and Deputies must not, during their tenure, engage in the practice of any profession or management of any business.
The Tanodbayan and Deputies must not be financially interested, directly or indirectly, in any contract with the Government or any franchise or privilege granted by the Government.
The disqualification applies to contracts, franchises, or privileges granted by the Government or any subdivision, agency, or instrumentality, including government-owned or controlled corporations.
The decree sets salaries unless otherwise provided by law: PHP 60,000 annually for the Tanodbayan and PHP 50,000 annually for each Deputy Tanodbayan.
The salaries shall not be decreased during continuance in office.

Organization and internal delegation

The Tanodbayan may select, appoint, and compensate assistants and employees in national and local offices needed to discharge responsibilities.
Assistants and employees are hired in accordance with the Civil Service Law and within amounts available by appropriation.
The Tanodbayan designates one Deputy as the Senior Deputy Tanodbayan with authority to act in the Tanodbayan’s stead when the Tanodbayan is disabled or protractedly absent.
The Tanodbayan may delegate authority or duties to other staff except (1) the power of delegation and (2) the duty of formally making recommendations to administrative agencies or reports to the President or the National Assembly.

Key definitions and coverage rules

“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.
“Administrative agency” excludes (1) any court or judge or appurtenant judicial staff, (2) members, committees, or staff of the National assembly, (3) the President or his personal staff, and (4) 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” means the defeat of a particular right or failure of reparation for a particular wrong due to lack or inadequacy of a legal remedy for enforcement or redress.
The Tanodbayan may investigate administrative acts of administrative agencies, including government-owned or controlled corporations, on complaint.

Powers, investigations, and complaint handling

The Tanodbayan may investigate, on complaint, any administrative act of an administrative agency, including government-owned or controlled corporations.
The Tanodbayan may prescribe the methods for making, receiving, and acting upon complaints.
The Tanodbayan may determine the scope and manner of investigations.
The Tanodbayan may determine the form, frequency, and distribution of conclusions and recommendations, subject to the decree’s requirements.
Each administrative agency must give the Tanodbayan the assistance and information the Tanodbayan deems necessary.
The Tanodbayan may examine the records and documents of all administrative agencies.
The Tanodbayan may enter and inspect premises within an administrative agency’s control.
If the President, in writing, certifies that information, examination, or inspection might prejudice the national interest, the Tanodbayan must desist.
Information obtained is confidential unless the President, in the interest of public service, decides otherwise.
The Tanodbayan may issue subpoenas to compel appearance, sworn testimony, and production of documentary or other relevant evidence.
The Tanodbayan may undertake, participate in, or cooperate with general studies or inquiries, whether or not related to a particular agency or administrative act, when believed to enhance knowledge or improve administrative functioning.
In selecting matters for attention, the Tanodbayan focuses especially on administrative acts that are contrary to law or regulation; unreasonable, unfair, oppressive, or inconsistent with an agency’s general functioning; mistaken in law or arbitrary in factual ascertainments; 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 to lessen the risk of objectionable administrative acts.
The Tanodbayan may receive a complaint from any source concerning an administrative act.
The Tanodbayan conducts a suitable investigation without expense to the complainant unless the Tanodbayan believes dismissal applies because: another remedy or complaint channel is reasonably available; the matter is outside Tanodbayan’s power; the complainant’s interest is insufficiently related; the complaint is trivial, frivolous, vexations, or not made in good faith; other complaints are more worthy of attention; Tanodbayan’s resources are insufficient for adequate investigation; or the complaint has been too long delayed to justify present examination of merits.
After considering a complaint, whether investigated or not, the Tanodbayan must suitably inform the complainant and, when appropriate, the involved administrative agency or agencies.
A letter to the Tanodbayan from a person in detention or in a hospital or other institution under an administrative agency’s control must be immediately forwarded, unopened, to the Tanodbayan.

Consultation, recommendations, and publishing

Before announcing any conclusion or recommendation that criticizes an administrative agency or any person, the Tanodbayan must consult with that agency or person.
If the Tanodbayan believes an administrative agency should (1) consider further, (2) modify or cancel an administrative act, (3) alter a regulation or ruling, (4) fully explain the administrative act, or (5) take any other step, the Tanodbayan must state recommendations to the administrative agency.
If the Tanodbayan so requests, the agency must, within the time specified, inform the Tanodbayan of the action taken on the recommendations or the reasons for not complying.
If the Tanodbayan believes the results of statutes dictating an administrative action are unfair or otherwise objectionable, the Tanodbayan must bring the views on desirable statutory change to the National Assembly.
The Tanodbayan may publish conclusions, recommendations, and suggestions by transmitting them to the President, the National Assembly or its 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 the agency or official made by way of explaining past difficulties or present rejection of the Tanodbayan’s proposals, unless excused by the agency or official affected.

Annual reports and prosecution authority

In addition to reports made from time to time, the Tanodbayan must report on or about August 15 each year to the National Assembly and to the President on the exercise of functions during the preceding calendar year.
The annual report must be published in the Official Gazette.
Copies of the annual report must be furnished to provincial governors and city mayors.
When discussing matters handled, 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 also include the substance of their replies to the criticism.
If the Tanodbayan has reason to believe any public official, employee, or other person acted in a manner resulting in failure of justice, the Tanodbayan must file and prosecute the corresponding criminal, civil, or administrative case before the Sandiganbayan or the proper court or body.

Immunities, witnesses, and contempt-like process

No proceeding, opinion, or expression of the Tanodbayan or any member of staff is reviewable in any court.
No civil action lies against the Tanodbayan or any member of staff for anything done or said or omitted in discharging responsibilities under the decree.
The Tanodbayan and staff cannot be required to testify or produce evidence in any judicial or administrative proceeding concerning matters within official cognizance, except in a proceeding brought to enforce the decree.
Persons required to provide information must be paid the same fees and travel allowances as witnesses required in courts of first instance.
Persons providing oral or documentary information requested by subpoena (with or without compulsory process) must be accorded the same privileges and immunities as witnesses in courts.
Such persons are entitled to be accompanied and advised by counsel while being questioned.
If a person refuses to respond to a Tanodbayan subpoena, refuses to be examined, or engages in obstructive misconduct, the Tanodbayan must certify facts to the Sandiganbayan or the court of first instance.
The court then issues an order directing the person to appear to show cause why the person should not be punished as for contempt.
The order and a copy of the Tanodbayan’s certified statement must be served on the person.
Afterward, the court has jurisdiction of the matter and the proceedings follow the same course, with the same penalties and ability to purge contempt in the same way as in civil action trial contempt.

Obstruction penalty and related rules

A person who willfully obstructs or hinders proper exercise of Tanodbayan functions, or willfully misleads or attempts to mislead the Tanodbayan in inquiries, is fined not more than PHP 1,000.00.

Repeal, relationship to other laws, appropriations

Republic Act No. 6028 is repealed.
The decree’s provisions are in addition to any other enactment providing remedies, rights of appeal, or procedures for inquiry or investigation.
The Tanodbayan’s powers may be exercised notwithstanding any enactment stating an administrative action is final or unappealable.
Sums necessary to carry out the decree are authorized for appropriation and then included in the general appropriation act.

Short title and effectivity

The decree may be cited as the “Tanodbayan Decree of 1977.”
The decree takes effect immediately.
It was done in the City of Manila on June 11, 1978, signed by Ferdinand E. Marcos with Juan C. Tuvera as Presidential Assistant.