QuestionsQuestions (Republic Act No. 10071)
RA 10071 is titled the “Prosecution Service Act of 2010.” Its scope covers the Prosecution Staff and the Regional, Provincial and City Prosecution Offices under the Secretary of Justice, which compose the National Prosecution Service responsible primarily for preliminary investigation and prosecution of violations of penal laws.
It is composed of (1) the prosecution staff in the Office of the Secretary of Justice and (2) such number of regional prosecution offices, provincial prosecutor offices, and city prosecutor offices as provided in the succeeding sections, all under the supervision of the Secretary of Justice.
The Secretary of Justice may act directly on matters involving national security or probable miscarriage of justice within the jurisdiction of prosecutors, and may review, reverse, revise, modify or affirm on appeal/petition for review final judgments and orders of prosecutors. “National security” refers to crimes against national security under the Revised Penal Code, Book II, Title I, and other cases involving acts of terrorism under RA 9372 (Human Security Act).
They include: assisting the Secretary of Justice in appellate jurisdiction; conducting preliminary investigation and prosecution of certain cases when directed (e.g., national security, task force cases, or cases with transferred venues to avoid miscarriage of justice); acting as counsel for the People in cases involving criminal complaints investigated by any DOJ prosecutor and pending in trial courts; investigating administrative charges against prosecutors and support staff; preparing legal opinions on questions of Revised Penal Code and special penal laws; and monitoring criminal cases filed with the Office of the Prosecutor General to maintain updated status records and expedite disposition.
The Prosecutor General and Senior Deputy State Prosecutors act as the Selection and Promotion Board to screen applicants for appointment or promotion. The regional/provincial/city prosecutor sits as a member when the board considers applicants for positions in his/her office. The Prosecutor General chairs the board.
RA 10071 creates Regional Prosecution Offices for each administrative region except NCR. The NCR is placed under the administrative supervision of the Prosecutor General.
They implement DOJ policies for prosecution in the region; exercise immediate administrative supervision over provincial/city prosecutors; prosecute cases arising within the region; when delegated, resolve with finality appeals/petitions for review of judgments/orders of provincial/city prosecutors in cases cognizable by MTC; designate a prosecutor as Acting Provincial/City Prosecutor in cases challenging bias or upon voluntary inhibition; and also perform administrative, budget, procurement, leave/attendance approval, reporting monitoring, coordination, and other delegated duties.
When parties question the partiality or bias of a particular provincial/city prosecutor, or when the prosecutor voluntarily inhibits due to relationship to a party within the sixth degree of consanguinity or affinity.
They are law officers of their province/city; investigate or cause investigation of all charges of crimes/misdemeanors and violations of penal laws and ordinances within jurisdiction; prepare and file the information/complaint; receive statements under oath or take oral evidence; subpoena and enforce attendance of absent or recalcitrant witnesses via application to the trial court; and prosecute all crimes/ordinance violations in courts within the province/city, performing duties incident to criminal actions, subject to DOJ rules on national/prosecution staff review.
It sets ratios based on court branches: for new provinces/cities, it provides initial staffing proportional to court branches (e.g., two prosecutors per RTC branch, one per MTC/MTC-in-cities branch, and one per every two municipal trial courts/circuit branches in municipalities). It also provides for automatic transfer of excess position items from the mother province to the new province/city, and special rules when courts are seated.
It authorizes the Prosecutor General to transfer vacant excess position items to cities within the province, or to the proper province (or other cities within the province). It also requires realignment of position items by the Secretary of Justice when new cities/provinces are created or when RTC branch seats are redistributed, and requires proportional realignment of provincial vs city prosecution offices after RTC branch division affecting which office prosecutes/defends cases.
It provides that assistant and associate prosecutor positions are automatically created for the province or city where the new courts/branches are seated, following the staffing ratios in Section 8, with distribution rules if the RTC branch is seated outside a metro area and rules on ranks (e.g., Prosecutor III minimum share if threshold conditions are met).
Prosecutor V includes Senior Deputy State Prosecutors, Regional Prosecutors, and Provincial/City Prosecutors for larger units (at least 25 prosecutors, or metro cities). Prosecutor IV includes Deputy State Prosecutors and Deputy Regional Prosecutors and mid-level heads depending on whether the unit is below 25 prosecutors/metro status. Prosecutor III covers Senior Assistant State/Regional Prosecutors and senior deputies/assistant chiefs in lower units. Prosecutor II includes Assistant State/Regional and Assistant provincial/city prosecutors. Prosecutor I covers Associate provincial/city prosecutors.
The Prosecutor General is appointed by the President. Prosecutors are also appointed by the President upon recommendation of the Secretary of Justice. Retirement terms for prosecutors are assimilated: the law provides that the “seventy (70)” and “sixty-five (65)” and “twenty (20) years” in RA 910 and other judge laws are understood for prosecutors as “sixty-five (65)” years, “sixty (60)” years, and “fifteen (15) years,” respectively.
Section 18: No demotion or diminution of salary; incumbents continue if not accommodated by position items. Section 19: no transfer except as provided or temporary assignment as public interest may require, not exceeding three months without written consent; no Provincial/City Prosecutor shall be detailed/assigned to another office/station except in a concurrent capacity and with written consent.
A prosecutor with at least 15 years of service who retires at age 65 (or resigns due to incapacity) gets a pension based on highest monthly salary plus highest monthly aggregate of transportation, living, and representation allowances received at retirement. Those who reach age 60 with at least 15 years in government (with last 5 years continuously in prosecution service) are likewise entitled, and those with less than 15 years get a pro-rata pension computation.
While receiving pension, they cannot appear as counsel in civil cases where government/agencies are adverse parties; cannot appear in criminal cases where government officers/employees are accused of offenses related to their office; cannot collect fees for appearances in administrative proceedings where the interest is adverse to government; and if they assume elective public office, they cannot receive the monthly pension or allowances during their term.