Question & AnswerQ&A (Republic Act No. 10071)
Republic Act No. 10071 is known as the "Prosecution Service Act of 2010."
The National Prosecution Service covers the Prosecution Staff and the Regional, Provincial and City Prosecution Offices under the Secretary of Justice.
The National Prosecution Service is primarily responsible for the preliminary investigation and prosecution of all cases involving violations of penal laws under the supervision of the Secretary of Justice.
The Prosecution Staff is headed by the Prosecutor General and is composed of 5 Senior Deputy State Prosecutors, 5 Deputy State Prosecutors, 35 Senior Assistant State Prosecutors, 80 Assistant State Prosecutors, and 20 Prosecution Attorneys.
The Secretary of Justice can act directly on matters involving national security or probable miscarriage of justice, review, reverse, revise, modify, or affirm final judgments and orders of prosecutors, and supervise the National Prosecution Service.
There is a Regional Prosecution Office for each administrative region except the NCR, headed by a Regional Prosecutor with deputies and assistant prosecutors. The NCR is under the administrative supervision of the Prosecutor General.
A Regional Prosecutor implements DOJ policies in the region, supervises provincial and city prosecutors, prosecutes cases in the region, resolves appeals delegated by the Secretary of Justice, appoints subordinate officers, investigates administrative complaints, manages budget and supplies, and coordinates with other government offices.
The Prosecutor General must have the qualifications similar to the Presiding Justice of the Court of Appeals, and is appointed by the President of the Philippines.
Ranks include Prosecutor V (Senior Deputy State Prosecutors, Regional Prosecutors, Provincial/City Prosecutors with at least 25 staff), Prosecutor IV (Deputy State Prosecutors and others), Prosecutor III, Prosecutor II, and Prosecutor I, with corresponding appointment and retirement qualifications.
Prosecutors retiring at age 65 with at least 15 years service receive pension based on their highest salary and allowances for life; those aged 60 with continuous 5 years in prosecution service may also retire with benefits. Prosecutors cannot engage in adverse legal representation while receiving pension, and pensions increase automatically with salary increases.