Question & AnswerQ&A (Republic Act No. 10071)
The title is "Prosecution Service Act of 2010."
The National Prosecution Service is composed of the prosecution staff in the Office of the Secretary of Justice and the regional, provincial, and city prosecution offices under the Secretary of Justice.
The Secretary of Justice has the authority to act directly on any matter involving national security or a probable miscarriage of justice within the jurisdiction of the prosecution service.
The Prosecution Staff assists the Secretary of Justice in appellate jurisdiction, conducts preliminary investigations on national security cases or those directed by the Secretary, acts as counsel for the People of the Philippines, investigates administrative charges against prosecutors, prepares legal opinions on penal laws, and monitors all criminal cases filed with the Office of the Prosecutor General.
The Prosecution Staff is headed by the Prosecutor General and includes five Senior Deputy State Prosecutors, five Deputy State Prosecutors, thirty-five Senior Assistant State Prosecutors, eighty Assistant State Prosecutors, and twenty Prosecution Attorneys.
The Regional Prosecutor implements DOJ policies on criminal cases in the region, supervises provincial and city prosecutors, prosecutes cases in the region, resolves appeals delegated by the Secretary of Justice, designates acting prosecutors when needed, appoints subordinate officers, exercises disciplinary action, manages budgets, and coordinates with other agencies within the region.
The number of prosecutors in provincial and city offices is based on the number of court branches: two prosecutors per regional trial court branch, one per metropolitan or city municipal trial court, and one for every two municipal trial courts or branches thereof, with specific allocations detailed for various provinces and cities.
The ranks are Prosecutor V (includes Senior Deputy State Prosecutors, Regional Prosecutors, and certain Provincial or City Prosecutors), Prosecutor IV, Prosecutor III, Prosecutor II, and Prosecutor I, each with specific designated positions and qualifications.
Prosecutors must be qualified members of the bar with proven integrity and competence and are appointed by the President upon recommendation of the Secretary of Justice. They serve until age 65. Retiring prosecutors with at least 15 years of government service receive a pension based on their highest monthly salary and allowances, payable for life, with conditions on conducting legal representation thereafter.
No. The Act provides protections for security of tenure of prosecutors. Transfers are allowed only as provided under the law or for temporary assignment with written consent, and no demotion or diminution of salary is permitted.