Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 1275)
The main purpose of Presidential Decree No. 1275 is to reorganize and regionalize the prosecution system in the Philippines by establishing the National Prosecution Service under the Department of Justice to improve the quality of prosecution services.
The Secretary of Justice supervises and controls the National Prosecution Service.
The primary responsibilities include investigation and prosecution of all cases involving violations of penal laws.
They must be qualified and professionally trained members of the legal profession, of proven integrity and competence, and have been in actual practice of law for at least five years or have held a position requiring lawyer qualifications for like period.
They are appointed by the President of the Philippines upon recommendation of the Secretary of Justice.
There is a Regional State Prosecution Office in each administrative region, covering provinces and cities designated within each region as listed in the Decree.
Each office is headed by a Regional State Prosecutor, assisted by an Assistant Regional State Prosecutor, and three State Prosecutors. All are appointed by the President upon recommendation of the Secretary of Justice.
Provincial and City Fiscals are the chief law officers in their respective provinces or cities, responsible for prosecuting crimes and violations, conducting investigations, providing legal advice to local government officials, and assisting the Solicitor General when deputized.
Their salaries are paid entirely out of national funds and included in the annual appropriations of the Department of Justice; local governments may grant additional allowances up to 25% of their basic salary.
Special Counsels may be appointed by the Secretary of Justice, upon recommendation of the provincial or city fiscal and Regional State Prosecutor, to assist fiscals; their salaries are charged against local funds and shall not exceed the lowest rank assistant fiscal position salary.
They shall be abolished, their functions, appropriations, records, and personnel transferred to the newly created offices and staffs under the National Prosecution Service.
Incumbents shall continue in office until their replacements are appointed and qualified, and incumbents appointed to similar positions created under the Decree may receive the higher of the new or existing salary rates.
They are granted a gratuity equivalent to one month's salary for every year of continuous satisfactory service, with the option between gratuity under the Decree or existing pension benefits.
An initial sum of Thirty-One Million Five Hundred Thousand Pesos (₱31,500,000.00) is appropriated from the National Treasury for one year.
It repeals or modifies any laws, decrees, or regulations inconsistent with this Decree.