
MALACAÑAN PALACE
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
[ ADMINISTRATIVE ORDER NO. 29, January 22, 2025 ]
CREATING A TECHNICAL WORKING GROUP FOR THE ESTABLISHMENT OF A NATIONAL FORENSICS INSTITUTE
WHEREAS, the effective administration of justice is essential to upholding the Rule of Law and safeguarding the fundamental rights of individuals as enshrined in out Constitution and domestic laws, as well as an international human rights covenants;
WHEREAS, the Minnesota Protocol on the Investigation of Potentially Unlawful Deaths "Minnesota Protocol") aims to set a common standard of performance among States, such as the Philippines, in the investigation of potentially unlawful deaths or suspected enforced disappearances, and provides a set of principles and guidelines for States, institutions and individuals involved in the investigation;
WHEREAS, under Section 4(i) of Republic Act (RA) No. 10867 or the "National Bureau of Investigation (NBI) Reorganization and Modernization Act," the NBI shall establish and maintain an integrated, comprehensive, and state-of-the-art network of equipment and facilities to be used NBI for its criminal investigation, detection, and evidence gathering, and provide the corresponding training therefor;
WHEREAS, Section 66 of RA No. 6975 or the "Department of the Interior and Local Government (DILG) Act of 1990," as amended, established the Philippine Public Safety College (PPSC) as the premier educational institution for the training, human resource development and continuing education of all personnel of the Philippine National Police and Fire and Jail Bureaus;
WHEREAS, in 1993, the DILG activated the National Forensic Science Training Institute (formerly National Criminalistics Research and Training Institute) to strengthen and enhance the capability of investigation units of the government towards ensuring a more effective and credible delivery of criminal investigation justice;
WHEREAS, Administrative Order (AO) No. 29 (s. 2002), as amended, established the: (a) Presidential Human Rights Committee (PHRC) as the primary advisory body to the President in effectively addressing all human rights concerns and issues in the country; and (b) PHRC Secretariat (PHRCS) to provide administrative and technical support to PHRC;
WHEREAS, under the Section 2(b) of AO No. 22 (s. 2024), the PHRC, through the Special Committee on Human Rights Coordination, has been further tasked to complement and rationalize the efforts of concerned government agencies, instrumentalities, and bodies to ensure a holistic approach in the implementation of thrusts, programs, and policies on the areas of investigation and accountability, and data-gathering on alleged human rights violations by law enforcement agencies;
WHEREAS, one of the Philippine Government's commitment during the 75th Anniversary of the Universal Declaration of Human Rights in Geneva, Switzerland in December 2023 is the establishment of National Forensics Institute (NFI) to strengthen the country's justice system and expertise in the field of forensics;
WHEREAS, the establishment of an NFI, which shall be backed by state-of-the-art research and laboratory services, is consistent with the government's efforts to strengthen domestic accountability mechanisms through comprehensive justice reforms, with the end in view of providing rigorous academic, specialization and capacity-building programs in the field of forensics; and
WHEREAS, Section 17, Article VII of the Constitution vests in the President the power of control over all Executive departments, bureaus and offices, and the mandate to ensure the faithful execution of laws;
NOW, THEREFORE, I, FERDINAND R. MARCOS, JR., President of the Philippines, by virtue of the powers vested in me by the Constitution and exiting laws, do hereby order:
Section 1. Technical Working Group for the Establishment of NFI. A Technical Working Group (TWG) is hereby created to facilitate the conduct of a comprehensive study and submit recommendations relative to the immediate establishment of the NFI, taking into recommendations relative to the immediate establishment of the NFI, taking into consideration the need to rationalize and streamline the functions of relevant government agencies, and strengthen the capacity of the Philippines in the field of forensics. The TWG shall be composed of the heads of the following agencies:
Chairperson |
: |
Office of the Executive Secretary |
Co-Chairperson |
: |
Department of Justice (DOJ) |
Members |
: |
DILG; |
|
|
Department of Foreign Affairs; |
|
|
Department of Health; |
|
|
Department of Budget and Management; |
|
|
Commission on Higher Education; |
|
|
PHRCS; and |
|
|
University of the Philippines Manila. |
The DOJ shall serve as the Secretariat of the TWG, and shall provide administrative and technical support to the TWG.
The Chairperson, Co-Chairperson, and members of the TWG may designate their respective alternates, with ranks not lower than Assistant Secretary or its equivalent, who are fully authorized to decide for or on their behalf.
The TWG may invite other concerned government agencies, as well as non-government organizations, civil society groups, the academe, and other stakeholders as onservers and/or resource persons and, as may be deemed necessary, engage the services of experts and/or consultants who possess recognized expertise and qualifications in their fields to aid in the performance of the functions of the TWG, subject to existing laws, rules, and regulations.
Section 2. Duties and Functions. The TWG shall study and devise an efficient and collaborative mechanism to elevate the standards of forensics in the Philippines. For this purpose, the TWG shall perform the following duties and functions, subject to existing laws, rules and regulations:
a. Within six (6) months from the issuance of this Order, prepare concrete short term, midterm, and long-term action points, as well as map out possible sources of financial and technical support, in relation to the establishment of NFI, and exercise oversight and management towards the realization thereof;
b. Review the functions of government agencies with mandates related to forensics, and facilitate sharing of expertise and good practices among these agencies;
c. Review pending bills related to the status and advancement of forensics in the country to identify those that should be prioritized;
d. Study and recommend policies and/or programs that aim to further enhance transfer of knowledge and training of experts in the field of forensics;
e. Coordinate with local and international bodies involved in the field of forensics to boost knowledge, enhance collaboration, and adopt best practices;
f. Accept donations, contributions, grants, bequests or gifts from domestic or foreign sources, for purposes relevant to its mandates and functions, subject to existing laws, rules and regulations; and
g. Perform such other functions as may be directed by the President and/or the Executive Secretary.
Section 3. Reportorial Requirements. The TWG is hereby directed to submit to the President, through the Office of the Executive Secretary, a quarterly report detailing, among others, the TWG's accomplishments, and status of the action points for the establishment of the NFI.
Section 4. Funding. The initial funding requirements necessary for the implementation of this Order shall be charged against available appropriations of the member-agencies of the TWG, subject to the pertinent budgeting, accounting, and auditing laws, rules and regulations. Thereafter, the funding requirements necessary for the continued implementation of this Order shall be included in the budget proposal of the member-agencies, subject to the usual budget preparation process.
Section 5. Separability. If any section or part of this Order is declared unconstitutional or invalid, the other sections or provisions not otherwise affected shall remain in full force and effect.
Section 6. Repeal. All issuances, orders, rules and regulations, or parts thereof, that are inconsistent with the provisions of this Order, are hereby repealed or modified accordingly.
Section 7. Effectivity. This Order shall take effect immediately upon the publication in the Official Gazette or a newspaper of general circulation.
DONE, in the City of Manila, this 22nd day of January, in the year of our Lord, Two Thousand and Twenty-Five.
(Sgd.) FERDINAND R. MARCOS, JR.
By the President:
(Sgd.) LUCAS P. BERSAMIN
Executive Secretary
The Lawphil Project - Arellano Law Foundation