Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT BUREAU O§ JAIL MANAGEMENT AND PENOLOGY Juco Buildilg, 144 Mindanao Avenue, Project 8, Quezon City Trunklines: (+632) 927-6383; 453-1196 Email Address: director@bimp.gov.ph Website: www.bjmp.gov.ph MEMORANDUM TO : DIRECTORS OF DIRECTORATES CHIEFS OF QFFICES REGIONAL DIRECTORS SUBJECT __ : Policy on Authority to Administer Oath of BJMP Officials DATE :30 January 2012 I. REFERENCES: 1. Memorandum request for Legal Opinion dated 29 October 2011 Administrative Code of 1987 3. Republic Act No. 6733 “An Act To Amend Section 41, Title I, Book I Of ‘The Revised Administrative Code Of 1987.” 4. Republic Act No. 6975” Department of the Interior and Local Government Act of 1990." 5. PD 1184” Integrated National Police Personnel Professionalization Law of 1977.” v I. PURPOSE: To provide uniform policy on administering oath by BJMP Officials. lL. COVERAGE: These policy guidelines shall apply to authorized BJMP personnel as herein provided, Iv. DISCUSSIONS: a. The precedent law on power to administer oath of a uniformed personnel is embodied in Section 47 of PD 1184 which provides: Section 47. “Power to Administer Oaths. Officers of the Integrated National Police from the rank of police/fire lieutenant and above shall have the power fo administer oath in matters directly connected with the performance of their official duties. Apparently, this provision includes personnel of the Office of Jail Management and Penology the forerunner of the Bureau of Jail Management and Penology.b. The afore-quoted provision was subsequently amended by RA 6975 or the “DILG Act of 1990” pertinent provisions of which reads: “Section 50. Power to Administer Oaths. - Officials of the Commission who are appointed by the President, as well as officers of the PNP from rank of inspector to senior superintendent, shall have the power to administer oaths on matters ‘which are connected with the performance of their official duties.” Unfortunately, the amendatory law did not specifically include personnel of the BJMP. However, it did not categorically prohibit the same from administering oaths on matters related to the exercise of their official functions. ¢. Incidentally, EO 292 or the “Administrative Code of 1987” allowed certain personnel of the Jail Bureau from administering oath. Sec 41 of EO 292 provides:Sec. 41. Officers Authorized to Administer Oath. - (1) The following officers have general authority to administer oath: Notaries public, memiers of the judiciary, clerks of courts, the Secretary of the either House of the Congress of the Philippines, of departments, bureau divectors, registers of deeds, provincial governors and liewtenant-governors, city mayors, municipal mayors and any other officer in the service of the government of the Philippines whose appointment is vested in the President,(2) Oaths may also be administered by any officer whose duties, as defined by law or dation, require presentation to him of any statement under oath. d. Aptly, the above provision was subsequently amended by RA 6733 pertinent provisions of which reads: Sec. 2. Officers Authorized to Administer Oath. — The following officers have general authority to administer oaths: President; Vice-President; Members and Secretaries of both Houses of the Congress; Members of the Judiciary; Secretaries of Departments; provincial governors and liewtenant-governors; city mayors; municipal mayors; bureau directors: regional directors; clerks of courts; registrars of deeds; other civilian officers in the public service of the government of the Philippines whose appointments are vested in the President and are subject to confirmation by the Commission on Appointments; all other constitutional officers; and notaries public." SYNTHESIS: a. After synthesizing the foregoing provisions and gleaning from the provisions of PD 1184 and RA 6975, it is safe to conclude that only the following personnel of the BJMP are allowed by law to administer oath: i, Bureau Director or Chief, BJMP; ii, Regional Directors; and iii, Jail Commissioned Officers from the rank of Inspectors above whose duties, as defined by law or regulation, require presentation to him of any statement under oath, this includes, but is not limited to the following: a. Bureau Investigators, to include investigators assigned in jail, and Prosecutors in the conduct of investigation or prosecution function; b. Director, PRM and Chiefs, PRMD on matters concerning personnel recruitment, appointment, promotion and retirement;Vi. Al this poli vil. c. Legal/Hearing Officers in the performance of their official functions; and, d. Other Jail Commissioned Officers whose duties require presentation to him of any statement under oath. b. Moreover, it is noted with grave concern that some of our Officers administer oath or documents in relation to criminal and civil cases of personnel and inmates alike. Verily, the authority to administer oath of BJMP Officials as embodied in this policy is applicable only to BJMP concerns and in administrative discipline of personnel and inmates provided that the subject matter is related to the exercise of their official functions and not in criminal or civil cases. c. Hence, may this policy serves as a caveat to our personnel not to administer an oath if the same is not part of their duties and responsibilities. In A.M. No. P-08-2567 promulgated by the Honorable Supreme Court on October 30, 2009, respondents therein were held guilty of abuse of authority, as well as of having violated Section 41 of the Administrative Code of 1987, as amended by Republic Act No. 6733 for notarizing documents or administering oaths on matters not related to the exercise of their official functions. RECESSION: I guidelines, policies and issuances which are inconsistent with or contrary to 'y are hereby amended or modified accordingly. EFFECTIVITY This policy shall take effect upon its approval. C On thal ROSEN! Mi DIAL, CESO [ii Jail Director | Dsc Chief, BMP |)