Law Summary
Scope of the Act
- Covers the Prosecution Staff and the Regional, Provincial, and City Prosecution Offices under the Secretary of Justice.
- Components form the National Prosecution Service.
Creation of the National Prosecution Service
- Establishes a prosecution service comprised of the Office of the Secretary of Justice staff, regional, provincial, and city prosecutors.
- Responsible for preliminary investigation and prosecution of penal law violations.
- Supervised by the Secretary of Justice.
Powers of the Secretary of Justice
- Authority to directly act on matters involving national security or probable miscarriage of justice within prosecution offices' jurisdiction.
- Can review, reverse, revise, modify or affirm final judgments/orders of various prosecutors.
- "National security" covers crimes under Penal Code, Book II, Title I, and terrorism under RA No. 9372.
Prosecution Staff and Functions
- Prosecution Staff headed by a Prosecutor General, assisted by senior deputies, deputies, senior assistants, assistants, and prosecution attorneys.
- Their functions include assisting the Secretary of Justice, conducting preliminary investigations, acting as counsel for the state, investigating administrative charges, preparing legal opinions, and monitoring criminal cases.
- The Prosecutor General chairs the Selection and Promotion Board.
Regional Prosecution Office
- Established in each administrative region except NCR.
- Headed by a Regional Prosecutor assisted by deputies, senior assistants, assistants, and one prosecution attorney.
- NCR under Prosecutor General’s supervision.
Powers and Functions of the Regional Prosecutor
- Implements DOJ policies related to investigation and prosecution in the region.
- Supervises provincial and city prosecutors administratively.
- Prosecutes cases within the region.
- Handles appeals and reviews delegated by Secretary of Justice.
- Can designate acting prosecutors to avoid bias.
- Exercises appointment, transfer, disciplinary authority over subordinate personnel.
- Manages leave approvals, budget preparation, procurement, coordination with other agencies.
- Investigates administrative complaints and submits recommendations to the Secretary of Justice.
Provincial and City Prosecutors
- Offices created for each province or city, with prosecutors and deputies in proportion to court branches.
- Special counsel positions may be created with salary from local funds.
Powers and Functions of Provincial or City Prosecutor
- Serve as law officers of their jurisdictions.
- Investigate crimes, receive evidence, subpoena witnesses.
- Prosecute crimes, misdemeanors, and ordinance violations in courts under their jurisdiction.
Number of Prosecutors per Province and City
- Detailed allocation of prosecutors for each province and city based on size, judicial branches, and territorial jurisdiction.
- Includes ranks of provincial/city prosecutors, deputies, senior assistants, assistants, and associates.
- Provision for deputies based on number of prosecutors.
Realignment of Position Items
- Transfer of vacant or excess prosecutor positions to newly created provinces or cities.
- Realignment to reflect court branch seats.
- Separation of case assignments between provincial and city prosecution offices.
Automatic Creation of Prosecutor Positions
- Creation of assistant and associate prosecutor positions upon establishment of new courts or branches.
- Distribution according to territorial jurisdiction.
- Rank allocation dependent on number of prosecutors and metropolitan area status.
Qualifications, Rank, and Appointment of Prosecutor General
- Same qualifications, rank, salary, and privileges as Presiding Justice of the Court of Appeals.
- Appointed by the President.
Ranks of Prosecutors
- Defined as ranks Prosecutor I to V, with corresponding positions:
- V: Senior deputies, regional, provincial, and city prosecutors (large offices).
- IV: Deputy prosecutors and prosecutors of smaller offices.
- III: Senior assistant prosecutors and deputies of smaller offices.
- II: Assistant prosecutors.
- I: Associate prosecutors.
- Automatic upgrading if province or city reaches 25 prosecutors or becomes part of metropolitan area.
Qualifications, Ranks, and Appointments of Prosecutors and Other Officers
- Prosecutors’ qualifications and privileges assimilated to corresponding judicial officers’ status.
- Appointments made by the President on recommendation of the Secretary of Justice.
- Service until age 65.
- Prosecution attorneys and special counsels appointed by Secretary of Justice.
- Salaries and allowances paid from national funds, local governments may grant additional allowances up to 50% of base salary.
- Allowances exempt from income tax.
Continuation in Office of Prosecutors
- Existing prosecutors continue in their positions.
- Renaming of certain positions to align with new ranks and titles.
Protection Against Demotion or Salary Reduction
- No demotion or diminution of salary shall be construed from the Act.
- Excess incumbents continue service until reassigned or separated.
Protection of Security of Tenure
- No transfers or assignments undermining security of tenure except as provided.
- Temporary assignments without consent limited to three months.
- Provincial/City Prosecutors not assigned to other stations without consent.
Special Allowances
- Existing special allowances continue.
- Full payment to be included in DOJ budget when no external funding source is available.
- Fees authorized previously will cease upon inclusion in the General Appropriations.
Retirement Benefits
- Prosecutors with at least 15 years of service retiring at age 65 or due to incapacity receive lifetime pension at highest salary and allowances.
- Option to retire at age 60 with 15 years government service (5 continuous in prosecution) with same benefits.
- Pro-rata pension for less than 15 years service.
Conditions on Pension Entitlement
- Retired prosecutors receiving pension shall not appear as counsel against the government or government officials.
- No fee collection for adverse government interests in administrative proceedings.
- Elected prosecutors do not receive pension during their term.
Automatic Pension Increase
- Pension benefits automatically increase in line with salary and allowance increases for current positions.
Retroactivity of Benefits
- Benefits regarding qualifications, ranks, salaries, and allowances extend retroactively to all retirees before the Act’s effectivity.
Applicability of Other Benefits
- Benefits under existing laws like RA No. 910 continue to apply to covered prosecutors.
Appropriation
- Initial appropriation of Fifty million pesos for establishment and operation of Office of Prosecutor General.
- Added to DOJ annual budget thereafter.
Repealing Clause
- Inconsistent laws, orders, or regulations are repealed or modified accordingly.
Separability Clause
- If any provision is declared unconstitutional, remaining provisions remain effective.
Effectivity
- The Act takes effect 15 days after publication in two newspapers or the Official Gazette.