QuestionsQuestions (Republic Act No. 9513)
Republic Act No. 10071 is the “Prosecution Service Act of 2010.” It aims to strengthen and rationalize the National Prosecution Service.
It covers the Prosecution Staff in the Office of the Secretary of Justice, and the Regional, Provincial, and City Prosecution Offices that compose the National Prosecution Service.
It is created as a body composed of the prosecution staff in the Office of the Secretary of Justice and such number of regional, provincial, and city prosecution offices as provided in the succeeding sections.
The Secretary of Justice may act directly on matters involving national security or a probable miscarriage of justice, and may review, reverse, revise, modify, or affirm on appeal or petition for review final judgments and orders of prosecutors as provided by DOJ rules.
It refers to crimes against national security under the Penal Code, Book II, Title I, and other cases involving acts of terrorism as defined in the Human Security Act (RA No. 9372).
Among others: assist the Secretary of Justice in exercising appellate jurisdiction; conduct preliminary investigation and prosecute certain cases when directed; act as counsel for the People in cases involving complaints investigated by prosecutors pending in trial courts; investigate administrative charges; prepare legal opinions; and monitor criminal cases filed with the Office of the Prosecutor General.
The Prosecutor General and Senior Deputy State Prosecutors act as the Board; the regional prosecutor (and when applicable the provincial/city prosecutor) sits as member whenever considering applicants for positions in his/her office; the Prosecutor General chairs the Board.
The NCR has no separate Regional Prosecution Office; it is placed under the administrative supervision of the Prosecutor General.
When so delegated, the Regional Prosecutor may resolve with finality appeals or petitions for review of provincial/city prosecutors’ judgments/orders in cases where the offenses charged are cognizable by the Municipal Trial Court.
The Regional Prosecutor designates a prosecutor from any office within the region as Acting Provincial or City Prosecutor to investigate and prosecute the case; it applies when parties question bias or when the prosecutor voluntarily inhibits due to relationship within the sixth civil degree of consanguinity or affinity.
The Prosecutor General must have the same qualifications and enjoy benefits assimilated to the Presiding Justice of the Court of Appeals and is appointed by the President.
Ranks include Prosecutor V (Senior Deputy State Prosecutors, Regional Prosecutors, and certain Provincial/City Prosecutors), Prosecutor IV (Deputy State Prosecutors, Deputy Regional Prosecutors, and certain Deputy Provincial/City Prosecutors), Prosecutor III (Senior Assistant State/Regional Prosecutors, certain Deputy Provincial/City, and Senior Assistant Provincial/City Prosecutors), Prosecutor II (Assistant State/Regional/Provincial/City Prosecutors), and Prosecutor I (Associate Provincial/City Prosecutors).
It provides that nothing in the Act shall be construed to demote a prosecutor or diminish his/her salary; if there are more incumbents than available position items, excess incumbents continue in service until accommodated, transferred, or separated.
Transfers are not allowed except as provided in the Act or for temporary assignments for public interest; temporary assignment cannot exceed three months without written consent, and a Provincial/City Prosecutor cannot be detailed/assigned to another office or station except in a concurrent capacity and with written consent.
A prosecutor retiring at age 65 with at least 15 years’ service (or resigning due to incapacity) gets a retirement pension for life based on highest monthly salary plus highest monthly aggregate of transportation, living, and representation allowances. Those at age 60 with at least 15 years in government (with last 5 years continuously in prosecution service) are also eligible. Those with less than 15 years get pro-rata pension. Pension increases automatically when the salary and allowances of the same position increase.
While receiving pension, a prosecutor covered by the Act cannot appear as counsel in certain cases adverse to the government, collect fees for administrative appearances that create an interest adverse to the government, and cannot receive pension/allowances when assuming an elective public office during the term.