QuestionsQuestions (Republic Act No. 5184)
RA 5184 provides for additional prosecutors in the Prosecution Division of the Department of Justice (DOJ), enlarges and reorganizes the prosecution staff, and sets related structures and provisions.
RA 5184 repeals Sections 1, 2, 2-A, and 2-B of Republic Act No. 3783, as amended and/or inserted by Republic Act No. 4140, and replaces them with new sections.
It merges them into one prosecution service called the Prosecution Staff of the Department of Justice.
The staff shall have one Chief State Prosecutor, three Assistant Chief State Prosecutors, and the following: six Senior State Prosecutors; six State Prosecutors (first group as written); another six State Prosecutors; another six State Prosecutors; ten State Prosecutors (as written); ten State Prosecutors (as written); sixteen District State Prosecutors; and two prosecuting attorneys.
They are appointed by the President of the Philippines with the consent of the Commission on Appointments.
Each judicial district organized under the Judiciary Act of 1948 (RA 296) shall have one District State Prosecutor who shall be permanently appointed thereto.
District State Prosecutors are under the supervision of the Chief State Prosecutor.
Their qualifications are the same as those of a Judge of the Court of First Instance.
Their salaries are fixed at ₱19,000.00 per annum each.
Each Senior State Prosecutor receives an annual salary of ₱800.00 less than the Assistant Chief State Prosecutor.
The Chief State Prosecutor, Assistant Chief State Prosecutors, Senior State Prosecutors, State Prosecutors, District State Prosecutors, and other assigned prosecuting attorneys have the same powers as provincial or city fiscals as provided by law.
They may only assist or collaborate with the provincial or city fiscal unless otherwise expressly directed and authorized by the Secretary of Justice.
The Chief State Prosecutor, Assistant Chief State Prosecutors, Senior State Prosecutors, and State Prosecutors may prosecute deportation cases, investigate administrative charges against fiscals, and perform other duties assigned by the Secretary of Justice.
It enumerates and fixes positions and salaries for administrative assistants, stenographic reporters (supervising senior, senior, junior, and district), a secretary, sheriff, statistical aide, clerks, and janitor-messengers.
No prosecutor, attorney, or employee of the merged prosecution services at the time of the approval of the Act shall be removed or separated from service except for cause as provided by law.
No. RA 5184 provides that no incumbent prosecutor or personnel shall be demoted in rank and salary.
The Secretary of Justice.