QuestionsQuestions (PROCLAMATION NO. 1536)
It reorganizes and restructures the prosecution system of the DOJ, regionalizes the prosecution service in line with decentralization, and creates the National Prosecution Service to improve the quality of prosecution and upgrade salaries of prosecutors and fiscals.
The National Prosecution Service is created under the supervision and control of the Secretary of Justice, and it is primarily responsible for the investigation and prosecution of all cases involving violations of penal laws.
The Secretary of Justice has supervision and control over the prosecution staff and offices, including the authority to act directly on any matter within their jurisdiction and to review, modify, or revoke any decision or action of the chief of those offices.
They investigate administrative charges against fiscals and other prosecution officers; conduct investigation and prosecution of all crimes; prepare legal opinions on violations of the Revised Penal Code and special penal laws; and review appeals from resolutions of fiscals or other prosecuting officers in criminal cases.
It is headed by a Chief State Prosecutor assisted by three Assistant Chief State Prosecutors.
They must be qualified and professionally trained members of the legal profession of proven integrity and competence, and have been in actual practice of the legal profession for at least five (5) years prior to appointment, or have held during like period any position requiring the qualifications of a lawyer.
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 listed region, headed by a Regional State Prosecutor, assisted by an Assistant Regional State Prosecutor and three State Prosecutors.
Region IV, comprising Manila, Quezon, Pasay, and Caloocan and the municipalities under the Metropolitan Manila Area under P.D. No. 824, is placed directly under the administrative supervision of the Chief State Prosecutor.
Examples include implementing DOJ policies and plans on investigation and prosecution in the region, exercising immediate administrative supervision over provincial and city fiscals in the region, prosecuting any case arising within the region, and investigating administrative complaints against fiscals within the region.
The Regional State Prosecutor investigates administrative complaints and submits recommendations to the Secretary of Justice, who may review the recommendation and decide appropriately; the Secretary of Justice may dismiss if insufficient grounds exist for filing charges.
They are law officers of their respective provinces/cities, in charge of prosecution of crimes, misdemeanors, and violations of city/municipal ordinances in their courts, and they also investigate/prepare complaints for penal law and ordinance violations within their jurisdiction.
Yes. Notwithstanding RA 2264 and RA 5185, the provincial/city fiscal may concurrently act as legal adviser of the mayor and council/sanggunian upon request, and submit written legal opinions upon legal questions submitted to him.
They (and their assistants) must possess the same qualifications as members of the Prosecution Staff (Section 3), and they are appointed by the President upon recommendation of the Secretary of Justice.
Their salaries and those of their assistants are paid entirely out of national funds and included in the annual appropriations of the DOJ, without prejudice to local allowances not exceeding 25% of their basic salaries.
Incumbents whose appointments are by the President continue in office until the appointment and qualification of officials to whom their powers/functions substantially pertain; incumbent district state prosecutors continue until the appointment and qualification of the Regional State Prosecutor for their region.
They cease to exist from the date specified in the President’s letter/letters of implementation. Their functions, applicable appropriations, records, equipment/property, and necessary clerical/subordinate personnel are transferred to appropriate staff or offices created under the Decree.
Yes. Separated/removed officers or employees are granted a gratuity equivalent to one month’s salary for every year of continuous satisfactory service (or the nearest favorable fraction). They may also choose between this gratuity or an entitlement to gratuity/pension under existing law.