Qualifications and Disqualifications
- The Tanodbayan and Deputies must be bar members, skilled in law, administration, and public policy.
- They must not participate actively in partisan politics.
- They cannot engage in any profession, business management, or have financial interests in government contracts during their term.
Term and Salary
- The Tanodbayan and Deputies serve a seven-year term without reappointment.
- Removal by the President is only for incapacity, neglect of duty, or misconduct.
- Vacancies are temporarily filled by the Senior Deputy Tanodbayan.
- Annual salaries are fixed at sixty thousand pesos for the Tanodbayan and fifty thousand pesos for Deputies, not subject to reduction.
Organization and Delegation
- The Tanodbayan may appoint necessary assistants and employees under Civil Service Law within appropriated funds.
- A Senior Deputy is designated to act in the Tanodbayan’s absence.
- Delegation of authority within the office is allowed except for formal recommendations and reports.
Definitions
- "Administrative agency" includes government departments, units, and government-owned or controlled corporations but excludes courts, Congress members, the President and personal staffs, and Constitutional Commissions.
- "Administrative act" includes decisions, omissions, recommendations, and procedures of administrative agencies.
- "Failure of justice" means the lack or inadequacy of legal remedies addressing rights or wrongs.
Powers of the Tanodbayan
- Investigate complaints against administrative acts of governmental agencies and corporations.
- Define complaint procedures and investigations.
- Require assistance, access records, inspect premises unless national interest is compromised.
- Issue subpoenas for testimony or evidence.
- Participate in studies to improve administrative agency operations.
Scope of Investigation
- Focuses on administrative acts that are illegal, unreasonable, unfair, arbitrary, improperly motivated, unclear, inefficient, or otherwise objectionable.
- May promote procedures to prevent such objectionable acts.
Complaint Handling
- Can receive complaints from any source without cost to the complainant.
- Will decline investigation if redress is available elsewhere, the matter is outside jurisdiction, interest insufficient, complaint trivial or untimely, or resources insufficient.
- Complainants and concerned agencies are informed of outcomes.
- Correspondence from detainees or institutionalized individuals forwarded to Tanodbayan unopened.
Consultation and Recommendations
- The Tanodbayan must consult the subject agency or person before issuing critical conclusions.
- May recommend further consideration, modification, or cancellation of administrative acts; regulatory changes; or explanations.
- Agencies must respond to recommendations within specified timeframes.
- May suggest legislative changes to the National Assembly if laws cause unfair results.
Publication and Reporting
- May publish conclusions and recommendations to the President, National Assembly, press, and concerned parties.
- Includes any explanations from the agency or official when critical opinions are published.
- Annual report submitted to National Assembly and President, published in the Official Gazette, and distributed locally.
- The report may withhold identification to prevent hardship and must include agencies’ replies to criticisms.
Prosecution Responsibilities
- The Tanodbayan shall file and prosecute cases involving public officials or persons causing failure of justice before Sandiganbayan or appropriate courts.
Immunity and Legal Protection
- Opinions or actions by the Tanodbayan or staff are not subject to court review.
- No civil liability attaches to them for acts in their official duties.
- They are exempt from testifying except in enforcement proceedings under the Decree.
Rights and Duties of Witnesses
- Witnesses before the Tanodbayan receive fees and allowances similar to those in courts.
- Witnesses have privileges, immunities, and the right to counsel while questioned.
- Refusal to comply with subpoenas results in certification to courts and possible contempt proceedings.
Obstruction Penalties
- Persons who obstruct or mislead the Tanodbayan face fines up to P1,000.
Relation to Other Laws
- The Decree repeals Republic Act No. 6028 but supplements other laws and does not limit other remedies or appeals.
- Powers of the Tanodbayan override statutes making administrative actions final or unappealable.
Appropriations
- Necessary funds are authorized for implementation and included in general appropriations.
Effectivity
- The Decree takes immediate effect upon signing.