MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This MEMORANDUM OF AGREEMENT (hereinafter, the AGREEMENT) entered into on 2015 and executed by and between: AU 2015

DEPARTMENT OF JUSTICE (hereinafter, the DOJ), as supervising Department of the National Prosecution Service (NPS), Public Attorneys' Office (PAO), National Bureau of Investigation (NBI), Bureau of Immigration (BI), Board of Pardons and Parole (PP A), Bureau of Corrections (BuCOR), Parole and Probation Administration (PP A), with principal address at DOJ Building, Padre Faura Street, Ermita, Manila, duly represented in this instance by its Secretary, HOD. LEILA M. DE LIMA;

-and-

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT (hereinafter, the DILG) as supervising Department of the Philippine National Police (PNP) and the Bureau of Jail Management and Penology (BJMP), with principal address at DILG-NAPOLCOM CENTER, EDSA cor. Quezon Avenue, Quezon City, Philippines 1100, duly represented in this instance by its Secretary, HOD. MAR A. ROXAS;

-and-

DANGEROUS DRUGS BOARD (hereinafter, the DDB), with principal address at DDB-PDEA Bldg., NIA Site cor. NIA Road, Diliman, Quezon City, duly represented in this instance by its Chairman, HOD. ANTONIO VILLAR, JR.;

-and-

PHILIPPINE DRUG ENFORCEMENT AGENCY (hereinafter, the PDEA), with principal address at PDEA Bldg., NIA Road, National Government Center, Bgy. Pinyahan, Quezon City, duly represented in this instance by its Director-General, HOD. ARTURO G. CACDAC, JR.

WHEREAS, the National Justice Information System is a priority project of the Aquino Administration to establish an integrated criminal justice information called the National Justice Information System (NJIS) that will provide efficient reporting and recording of incidents and complaints, track and monitor cases in the justice system from end-to-end to include related events, and enable improved capacities for individual and institutional performance management as embodied in the 2011-2016 Philippine Development Plan and the Good Governance and Anti-Corruption Cluster Priority Projects;

! 1

WHEREAS, the NJIS main objective is to improve transparency among the justice sector agencies by providing a service delivery transformation program that will be easier and quicker for the public to access justice services;

WHEREAS, the DOJ, DILG, DDB and PDEA are committed to effectively combat crimes and efficiently address issues related to law enforcement and criminality;

WHEREAS, in its continuous endeavor to enhance efficiency in the performance of duties as well as the skills and capabilities of its employees, the parties in agreement need to implement its component in the NJIS and as an inter­ agency program implementation to share relevant information relative to effective and efficient case management;

WHEREAS, as an inter-agency undertaking, executing agencies are entitled to a share in the NJIS funds allocated for the purpose pursuant to the Medium Term Information and Communications Technology Initiative (MITHI) objectives;

WHEREAS, the DOJ, as the government's principal law agency pursuant to Executive Order No. 292 otherwise known as the Revised Administrative Code, will serve as the lead implementation agency of the NJIS project. It will manage and maintain the Justice Exchange facilities and will oversee the overall implementation of the projects;

WHEREAS, the DOJ Agencies, in the implementation of the project shall provide the relevant information in the NJIS as follows:

1. National Bureau of Investigation (NBI) - as the National Clearinghouse of all criminal records of individuals, criminal complaints and information furnished by the courts, and information on offenses subject of the agency investigation;

2. Bureau of Immigration (BI) - derogatory records of foreigners registered in its system and implementation of hold-departure orders issued by the courts against both Philippine and foreign nationals;

3. National Prosecution Service (NPS) - complaints and cases filed by law enforcement agencies;

4. Public Attorney's Office (PAO) - criminal cases of indigent clients handled by public attorneys needing monitoring by the prosecution for notices and other court issuances;

5. Bureau of Corrections (BuCor) - inmate records of convicted individuals in custody and information on their rehabilitation and reformation activities as well as inmates who have met the minimum requirements for parole/executive clemency;

6. Parole and Probation Administration cPP A) - status of released convicts undergoing parole, pardon with parole condition and probation duties by ensuring that each comply with the conditions of their parole, probation and executive clemency;

7. Board of Pardons and Parole (BPP) - status of inmates who are under review for parole or executive clemency and those who are granted

{;Ole or exeCUli:;:::nCY. ~ of 2 I

WHEREAS, The Philippine Drug Enforcement Agency will provide information on the arrests, complaints and cases of individuals involving illegal drugs and the amount and value of seized illegal drugs and paraphernalia as well as expert witnesses presented in court to include but not limited to court decisions and other relevant information needed for prosecution and other criminal records;

8. Office of the Chief State Counsel (Legal Staff) - updates on legal opinions rendered.

9. Office of the Solicitor General (OSG) - status of cases involving national government agencies.

10. Office of the Government Corporate Counsel (OGCC) - status of cases involving government corporations and regular updates on reviewed contracts.

11. Land Registration Authority (LRA) - status of cases involving spurious land titles.

12. Presidential Commission on Good Government (pCGG) - status of cases involving ill-gotten wealth.

WHEREAS, based on Section 34 in relation to Section 35, paragraph 1 of Executive Order 292 otherwise known as the Administrative Code of 1987, the Office of the Solicitor General is an independent and autonomous office attached to the Department of Justice and represents the government in the Supreme Court and the Court of Appeals in all criminal proceedings.

WHEREAS, the DlLG Agencies, the Philippine National Police and the Bureau of Jail Management and Penology, shall participate in the implementation of the NJlS by providing the relevant information as follows:

1. Bureau of Jail Management and Penology (BJMP) - inmate records of individuals detained and serving the minimum sentence of not more than three (3) years;

2. Philippine National Police - arrests, booking, investigations of perpetrators and complaints filed before NPS offices to include but not limited to arrest warrants and subpoenas of police witnesses as ordered by the court;

WHEREAS, The Dangerous Drugs Board will draw out information ~ needed for policy and program development related to the use and regulation of dangerous drugs.

NOW THEREFORE, for and in consideration of the following premises, the DOJ, DlLG, DDB and PDEA hereby agree as follows:

1. The Parties shall jointly develop arrangements for the efficient and effective implementation of this Agreement. The implementation ~ arrangements, including those pertaining to financial matters, shall be r incorporated and form part of this Agreement as annexes;

2. The Source Agency shall provide the requested information within the timeline/s prescribed in the implementing arrangements. It shall also provide the reasons in case the disclosure and release of the requested

tJ;tion ",II req~rne or will :ft POSSib~ 3 !

3. The Receiving Agency shall use or disclose the information or document obtained from the Source Agency only in accordance with this Agreement and its implementing arrangements. Said information or document shall not be used as evidence in any proceeding unless otherwise authorized through a formal written communication. Any request for such use shall be directly addressed to the Source Agency for its appropriate action;

4. There shall be no disclosure as to the source of any information or document obtained under this Agreement. Any request for such disclosure shall be directly addressed to the Source Agency for its appropriate action. All parties are to ensure that the necessary security protocols be implemented out in their organizations so as not to prejudice the confidentiality of shared information. Agencies violating the confidentiality clause shall be liable under existing laws and policies;

5. The Parties shall periodically consult on matters of policy and strategy on the management and operation of the connectivity between their respective databases;

6. The Parties shall exchange information on their database structure, including technical specifications and any other detail that is required for designing the connectivity between said databases and related tools;

7. The Parties shall ensure that the connectivity between their databases is appropriately operational for sharing and receiving information, and that the data are accurate and up to date;

8. The Parties shall be responsible for the use of the connectivity between the databases by their authorized users, the dissemination of the system's usage policies and the audit of its users' access;

9. Parties shall jointly determine the data standards to be used in the database connectivity and shall include said standards in the implementing arrangements of this Agreement. Such data standards should take into consideration the uniformity and harmonization of data fields;

10. The Parties shall be responsible for providing appropriate operating conditions, security, proper usage rules, and maintenance of the equipment in their premises;

11. All data shared through the database connectivity established pursuant to this Agreement shall remain the property of the Source Agency. The Receiving Agency shall keep the information obtained in this Agreement confidential, and shall use or disclose the same only with the express consent of the Source Agency and for purposes of this Agreement; and

12. Sharing of funds to be provided by the iGov shall be subject to agreement of the parties and the priority projects identified based on the joint implementation plan required in the implementation of the MITHI Justice, Peace and Order Cluster joint project which is the NJIS.

IN WITNESS WHEREOF, the Parties through their respective representatives have hereunto affixed their signatures on 2015 in

r 4

DEPARTMENT OF JUSTICE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERMENT

Li~ Secretary

MARA ROMS Sec tary ().

@) II ~I lil"~ 1111 ~III~II~IIII .' '. DILG·OSEC OUTGOING 15-01652

DANGEROUS DRUGS BOARD PHILIPPINE DRUG ENFORCEMENT AGENCY

ARTURO G. CACDAC Director-General

Signed in the Presence of:

tl ~~ fu=cretary Department of the Interior and Local Government

/'"

~O rl\. - -, PET IRVING C. CORVERA

Undersecretary Department of the Interior and Local Government

OL.SY Assist nt Secretary

Chief Info ation Officer Department of Justice

LAW ENFORCEMENT CLUSTER

Offic 'l(-in- arge, Philippine National Police Departmen of the Interior and Local Government

Commissioner, Bure u of Immigration Department if Justice

+r 5

PERSI l\ RUEDA-ACOSTA ief Public Attorney, Public Attorneys' Office

Department of Justice

CORRECTIONS CLUSTER

OIC, Bureau of Ja 'Management and Penology Department of the Interior and Local Government

~Jk·~_; NATIVIDAD G. DIZON tfq

Chairperson, Board of Pardons and Parole Department of Justice

AJf"~/"'_"'J'-'O, CESO I Probation Administration t of Justice

LEGAL CLUSTER

Solicitor ne 'aI, Office of the licitor General Department of Jus ice

Chief tat Counsel, Legal Staff ipa tment of Justice

~ Gov;;,?:nent Corporate Counsel

Office of the Government Corporate Counsel, Department of Justice

Acting Chair]'an, Presidential Commision on Good Government

Department of Justice

-Em:~IAZ III ----. Administrator, Land Registration Authority

Department of Justice

6

REPUBLIC OF THE PHILIPPINES CITY OF <!l1'Y OF MANn:! S.S.

2015 of ---- BEFORE ME, a Notary Public, this

personally came and appeared the following:

Valid Identification L~I.A M· Lt UM,4- ~lO(;z!7~{Ia(~t) MAf( A· flo~~- rCI~~'iI(f1a$~!)

Valid Identification

2015

All known to me to be the same persons who executed the foregoing instrument and acknowledged to me that the same are their free and voluntary act as well as the voluntary act and deed of the entities they represent in this instance.

This instrument, consisting of seven (7) pages, including the page on which this acknowledgment is written, has been signed on the left margin of each and every page thereof by their parties and their instrumental witnesses and sealed with my notarial will.

WITNESS MY HAND AND SEAL this day on _ 2015 at the City o~frVOf MANlflPhilippines.

AlTY I~L E.I'EREN NOTARY PUBLIC, CITY OF MA~IU

UNTil DECEMBER 31, 201.) 907 DELPAN ST. TOND\), M!! -

TR NO 383791b /1· 5- 2rJ1.~" Ml - \ IBP NO. 894820/20N··l()1" ~

mum. 133- 660- 61 ROLL NO. 2892lt

MCLE NO. rv-0024882 COMMISSIO~ NO. 20]41

AUB 1

/¥?/ Doc. No.: __ -,.~~",.~_ Page No.: 00---:!-;.,_. +6_ Book No. : __ ----"-X __ I __ Series of2015.

J

r

7