Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 1275)
The National Prosecution Service is a restructured prosecution system under the supervision and control of the Secretary of Justice, composed of the Prosecution Staff in the Office of the Secretary of Justice and the Regional State Prosecution Offices and Provincial and City Fiscals' Offices, primarily responsible for investigation and prosecution of all penal law violations.
The Secretary of Justice has the power of supervision and control over the National Prosecution Service, including authority to act directly on matters within the jurisdiction of any prosecution office and to review, modify, or revoke decisions or actions of the chiefs of these offices.
The Prosecution Staff investigates administrative charges against fiscals and prosecuting officers, conducts investigation and prosecution of all crimes, prepares legal opinions on penal code violations, and reviews appeals from resolutions of fiscals and prosecuting officers.
Members must be qualified and professionally trained lawyers of proven integrity and competence, with at least five years actual practice of law or in a position requiring legal qualifications, and are appointed by the President upon recommendation of the Secretary of Justice.
The prosecution service is regionalized into Regional State Prosecution Offices each headed by a Regional State Prosecutor, with specific designated regions and territorial jurisdictions as enumerated in the decree, while the Metro Manila area is directly supervised by the Chief State Prosecutor.
The Regional State Prosecutor implements DOJ policies in their region, supervises provincial and city fiscals, prosecutes cases, appoints subordinate staff, investigates administrative complaints against fiscals and subordinate personnel, manages budgets, and coordinates with other government agencies.
They are law officers of their province or city responsible for prosecuting all crimes and ordinance violations, investigating criminal charges, representing local government legal interests when requested, and assisting the Solicitor General when deputized.
They are appointed by the President upon recommendation of the Secretary of Justice and must possess the same qualifications required of the Prosecution Staff, including being a lawyer of at least five years' experience with proven competence and integrity.
The salaries are approved by the President upon recommendation of the Commissioner of the Budget and pursuant to P.D. No. 985, paid from national funds, with allowances from local governments up to 25% of basic salary, and clerical support salaries paid by provinces or cities.
Existing prosecution offices and positions and their functions and resources are abolished and transferred to the new structure, incumbents remain in office until replaced by new appointees, and separated personnel receive gratuity or pension with eligibility for preferential re-employment.