National Prosecution Service Reform Act

Authority of the Secretary of Justice

Section 4 vests the Secretary of Justice with authority to act directly on any matter involving national security or a probable miscarriage of justice within the jurisdiction of the prosecution staff, regional office, provincial prosecutor, or city prosecutor.
Section 4 grants the Secretary of Justice power to review, reverse, revise, modify or affirm on appeal or petition for review final judgments and orders of the Prosecutor General and the regional, provincial, and city prosecutors, as DOJ law or rules provide.
For case selection, “national security” means crimes against national security under the Penal Code, Book II, Title I, and other cases involving acts of terrorism as defined under Republic Act No. 9372.

Prosecution Staff: composition and duties

Section 5 establishes in the Office of the Secretary of Justice a Prosecution Staff headed by a Prosecutor General, composed of the following prosecutorial positions:
- Five (5) Senior Deputy State Prosecutors
- Five (5) Deputy State Prosecutors
- Thirty-five (35) Senior Assistant State Prosecutors
- Eighty (80) Assistant State Prosecutors
- Twenty (20) Prosecution Attorneys
Section 5 provides that the Prosecution Staff is under the control and supervision of the Secretary of Justice and has these functions:
- Assisting the Secretary of Justice in exercising appellate jurisdiction
- Conducting preliminary investigation and prosecution of:
  - criminal cases involving national security
  - criminal cases where task forces have been created
  - criminal cases whose venues are transferred to avoid miscarriage of justice
  - all when directed by the Secretary of Justice as public interest may require
- Acting as counsel for the People of the Philippines in any case involving or arising from a criminal complaint investigated by any of its prosecutors and pending before any trial court
- Investigating administrative charges against prosecutors, other prosecution officers, and members of their support staff
- Preparing legal opinions on queries involving violations of the Revised Penal Code and special penal laws
- Monitoring all criminal cases filed with the Office of the Prosecutor General, maintaining an updated record of each case’s status, and adopting systems and procedures to expedite monitoring and disposition
Section 5 establishes a Selection and Promotion Board for the Prosecutor General and Senior Deputy State Prosecutors to screen applicants for appointment or promotion to prosecutorial positions in the Office of the Prosecutor General.
Section 5 provides that the regional prosecutor/provincial prosecutor/city prosecutor sits as a member of the Board when screening for positions in their office; the Prosecutor General serves as Chairperson.

Regional Prosecution Offices

Section 6 creates a Regional Prosecution Office in each administrative region, except the National Capital Region (NCR).
Each Regional Prosecution Office is headed by a Regional Prosecutor and assisted by:
- One (1) Deputy Regional Prosecutor
- One (1) Senior Assistant Regional Prosecutor
- Three (3) Assistant Regional Prosecutors
- One (1) Prosecution Attorney
Section 6 places the NCR under the administrative supervision of the Prosecutor General for purposes of regionalization.

Regional Prosecutor’s powers and functions

Section 7 authorizes the Regional Prosecutor, under the control and supervision of the Secretary of Justice, to implement DOJ policies and rules relative to investigation and prosecution in the region.
Section 7 grants immediate administrative supervision over all provincial and city prosecutors and other prosecuting officers in the region.
Section 7 empowers the Regional Prosecutor to prosecute any case arising within the region.
When delegated by the Secretary of Justice, Section 7 allows the Regional Prosecutor to resolve with finality appeals or petitions for review of judgments and orders of provincial and city prosecutors and their assistants in cases where the offenses charged are cognizable by the municipal trial court.
Section 7 states that this does not preclude the Secretary of Justice from exercising power of review over such resolutions in instances of grave abuse of discretion by the Regional Prosecutor, including determining the coverage of that review power.
Section 7 authorizes the Regional Prosecutor, upon designation, to assign a prosecutor from within the region as Acting Provincial or City Prosecutor to investigate and prosecute a case when:
- parties question the partiality or bias of a particular city or provincial prosecutor, or
- the city or provincial prosecutor inhibits due to relationship to a party within the sixth (6th) civil degree of consanguinity or affinity.
Section 7 grants the Regional Prosecutor authority within the region to:
- appoint necessary subordinate officers and employees
- approve transfers and exercise disciplinary actions in accordance with the Civil Service Law, other existing laws, and regulations
- approve sick, vacation, maternity, and other leaves with or without pay not exceeding one (1) year
- approve overtime services, professional/business permission outside office hours, and official travel within the region not exceeding thirty (30) days
- approve claims and benefits under existing laws
- investigate administrative complaints against prosecutors and other prosecuting officers and submit recommendations to the Secretary of Justice for further recommendation to the Office of the President
- approve attendance in conferences, seminars, and training within the region
- prepare and administer the region’s budget for approval by the Secretary of Justice
- approve requisitions for supplies, materials, equipment, books, periodicals, and similar items in accordance with the approved supply procurement program
- negotiate and conclude contracts for services or for furnishing supplies, materials, equipment, and similar items within the region’s budgetary limits
- monitor submission of reports required by the Secretary of Justice
- coordinate with other departments, bureaus, agencies, and local government units in the region
- perform other duties provided by law or delegated by the Secretary of Justice

Provincial and City Prosecutors: organization and duties

Section 8 provides that each province and each city shall have a Provincial Prosecutor or City Prosecutor, assisted by at least one (1) Deputy Provincial Prosecutor or one (1) Deputy City Prosecutor and such number of assistant and associate prosecutors as provided thereafter.
When a new province or city is created, Section 8 requires prosecution positions according to the ratio of court branches:
- two (2) prosecutors for each branch of regional trial court
- one (1) prosecutor for each branch of metropolitan trial court or municipal trial court in cities
- one (1) prosecutor for every two (2) municipal trial courts in municipalities or branches thereof or municipal circuit trial courts
Section 8 requires automatic transfer of excess position items from the “mother province” prosecution office to the new province/city upon establishment, in proportion to the courts/branches ratio.
Section 8 provides that if all or almost all regional trial court branches are seated at the city, the number of prosecutors in the city shall be proportional to the territorial jurisdiction covered by such branches.
Section 8 requires that if a province is reverted to the mother province or a city is reconverted into a municipality, all prosecution position items transfer to the mother province’s office, and the position title changes from Provincial Prosecutor/City Prosecutor to Assistant Provincial Prosecutor/Associate City Prosecutor, as the case may be, with the corresponding rank under Section 15.
Section 8 authorizes a province or city, when service exigencies so require, to create special counsels whose salaries and emoluments come exclusively from local funds.

Provincial/City Prosecutors’ powers and evidence handling

Section 9 designates the Provincial Prosecutor or City Prosecutor as the law officer of the province or city.
Section 9 requires them to investigate and/or cause investigation of all charges of crimes, misdemeanors, and violations of penal laws and ordinances within their jurisdiction.
Section 9 requires them to prepare and file the necessary information or complaint against accused persons.
Section 9 provides that during investigations, the prosecutor or assistants shall:
- receive statements under oath or take oral evidence of witnesses
- summon witnesses to appear and testify under oath by subpoena
- enforce attendance or evidence of absent or recalcitrant witnesses by application to any trial court
Section 9 provides that the Provincial Prosecutor or City Prosecutor has charge of prosecution of all crimes, misdemeanors, and violations of city or municipal ordinances in courts within the province or city, discharging duties incident to the institution of criminal actions, subject to Section 5.

Staffing numbers, realignment, and automatic upgrades

Section 10 fixes the number of prosecutors and deputies for specific provinces, listing each province with the corresponding:
- one (1) Provincial Prosecutor
- required number of Deputy Provincial Prosecutors
- required number of Senior Assistant Provincial Prosecutors
- required number of Assistant Provincial Prosecutors
- where applicable, Associate Provincial Prosecutors
After approval of the Act, Section 10 requires that each province have one (1) deputy provincial prosecutor for every twenty-five (25) prosecutors or a fraction thereof, and names the first-appointed deputy as senior deputy provincial prosecutor when more than one deputy exists.
Section 11 fixes the number of City Prosecutors and their deputies, assistants, and associates for specific cities, listing each city with the corresponding:
- one (1) City Prosecutor
- the required number of Deputy City Prosecutors
- the required number of Senior Assistant City Prosecutors
- the required number of Assistant City Prosecutors
- where applicable, Associate City Prosecutors
After approval, Section 11 requires that each city have one (1) deputy city prosecutor for every twenty-five (25) prosecutors or a fraction thereof, and names the first-appointed deputy as senior deputy city prosecutor when more than one deputy exists.
Section 12 requires realignment of position items upon approval:
- the Prosecutor General must transfer vacant excess position items of prosecutors to cities within the province, to the province of which the cities used to be municipalities, or to other cities within the province
- occupied positions must be transferred when they become vacant or when incumbents consent
- when new cities or provinces are created and court branch seats are realigned or redistributed, the Secretary of Justice must correspondingly realign position items from affected provinces
Section 12 requires proportional raffle, trial, and hearing rules after RTC branches seated at a city are divided, allocating criminal and other cases for the Provincial Prosecutor and City Prosecutor branches exclusively by raffle to their assigned prosecuting office.
Section 13 provides automatic creation of positions when new courts or branches are created:
- automatic creation of assistant and associate prosecutor positions for the province or city in the numbers determined by the Section 8 ratio
- when RTC branches are seated at a city outside a metropolitan area established by law, positions are distributed between city and province according to territorial jurisdiction
- for RTC branches: when the province or city has at least twenty-five (25) prosecutors (including additional) or is in a metropolitan area, at least one-half (1/2) of corresponding prosecutors must be Prosecutor III, with the rest as Prosecutor II; otherwise, ranks may be Prosecutor II and Prosecutor I

Prosecutor General: appointment and equivalence

Section 14 provides that the Prosecutor General has the same qualifications for appointment, rank, category, prerogatives, salary grade and salaries, allowances, emoluments, and other privileges as the Presiding Justice of the Court of Appeals.
Section 14 provides that the Prosecutor General is subject to the same inhibitions and disqualifications and enjoys the same retirement and other benefits as the Presiding Justice of the Court of Appeals.
Section 14 requires the Prosecutor General to be appointed by the President.

Prosecutor ranks and automatic upgrading

Section 15 establishes prosecutor ranks and their corresponding positions:
- Prosecutor V: Senior Deputy State Prosecutors; Regional Prosecutors; Provincial Prosecutors/City Prosecutors of provinces or cities with at least twenty-five (25) prosecutors and City Prosecutors of cities within a metropolitan area established by law
- Prosecutor IV: Deputy State Prosecutors; Deputy Regional Prosecutors; Provincial Prosecutors/City Prosecutors with less than twenty-five (25) prosecutors; Deputy Provincial Prosecutors/Deputy City Prosecutors where provinces/cities have at least twenty-five (25) prosecutors; and Deputy City Prosecutors of cities within metropolitan areas
- Prosecutor III: Senior Assistant State Prosecutors and Senior Assistant Regional Prosecutors; Deputy Provincial/Deputy City Prosecutors of provinces/cities with less than twenty-five (25) prosecutors; Senior Assistant Provincial/City Prosecutors
- Prosecutor II: Assistant State Prosecutors; Assistant Regional Prosecutors; Assistant Provincial/City Prosecutors
- Prosecutor I: Associate Provincial Prosecutors; Associate City Prosecutors
Section 15 requires automatic upgrading when a province or city has at least twenty-five (25) prosecutors or a city becomes part of a metropolitan area established by law: each level of prosecution position items upgrades one rank higher and receives corresponding position titles in Section 15.

Qualifications, appointment, and retirement benefits

Section 16 provides that prosecutors with each rank have the same qualifications and enjoy retirement and other benefits equivalent to specified judiciary positions:
- Prosecutor V benefits equivalent to those of an Associate Justice of the Court of Appeals
- Prosecutor IV benefits equivalent to those of a Judge of the Regional Trial Court
- Prosecutor III benefits equivalent to those of a Judge of the Metropolitan Trial Court
- Prosecutor II benefits equivalent to those of a Judge of the Municipal Trial Court in cities
- Prosecutor I benefits equivalent to those of a Judge of the Municipal Trial Court in municipalities
Section 16 requires that any increase after approval in the salaries, allowances, or retirement benefits, or upgrading of grades/levels of the referenced justices/judges applies to the corresponding prosecutors.
Section 16 requires all prosecutors to be selected from qualified and professionally trained members of the legal profession of proven integrity and competence, appointed by the President upon recommendation of the Secretary of Justice, and serving until reaching sixty-five (65) years.
Section 16 provides retirement-law translation rules: the “seventy (70) years” and “sixty-five (65) years” and “twenty (20) years” in Republic Act No. 910 are understood as “sixty-five (65) years” and “sixty (60) years” and “fifteen (15) years,” respectively, when applied to prosecutors.
Section 16 provides that a prosecution attorney or special counsel must be a member of the bar in good standing and must have a salary under Salary Grade 25, appointed by the Secretary of Justice; special counsel requires recommendation of the provincial governor or city mayor and endorsement of the provincial prosecutor or city prosecutor.
Section 16 provides that, subject to Section 20, salaries and allowances of regional, provincial, and city prosecutors and their assistants and members of the prosecution staff (including prosecution attorneys) are paid entirely out of national funds and included in annual appropriations of the DOJ.
Section 16 allows local governments to grant allowances to the prosecutors in amounts not exceeding fifty percent (50%) of basic salaries, while providing that the whole of allowances or portion thereof, whether from national or local government, is exempt from income tax.
Section 16 limits the salary/emoluments scheme by providing it does not apply to officers other than prosecutors in the National Prosecution Service, notwithstanding any law assimilating salaries of other officers.
Section 21 provides retirement pension benefits:
- retirement upon age sixty-five (65) years with at least fifteen (15) years of service in the National Prosecution Service or in any branch of government (or both)
- retirement due to resignation because of incapacity to discharge duties
- retirement pension equals highest monthly salary, plus the highest monthly aggregate of transportation, living, and representation allowances received at retirement or resignation, paid during the residue of natural life.
Section 21 provides that a prosecutor attaining sixty (60) years with at least fifteen (15) years of service in government, with the last five (5) years continuously rendered in prosecution service, is entitled to the same benefits for the residue of natural life.
Section 21 requires pro-rata pension for those with less than fifteen (15) years of service in government, computed using a fraction of 15 years multiplied by basic pay plus the highest monthly aggregate of transportation, living and representation allowances.
Section 22 conditions pension entitlement: a retired prosecutor receiving pension shall not:
- appear as counsel before any judicial or quasi-judicial agency in any civil case where the government or any agency, subdivision, or instrumentality is an adverse party
- appear in any criminal case where any officer or employee of government is accused of an offense committed in relation to office
- collect any fee for appearance in any administrative proceeding to maintain adverse interest to the government (national, provincial, municipal, or legally constituted officers)
Section 22 bars pension during elective service: once a prosecutor covered under the Act assumes an elective public office, he/she shall not, upon assumption and during the term, receive the monthly pension or any allowance due him/her.
Section 23 mandates automatic increase of pension benefits whenever there is an increase in salary and allowances of the same position from which the prosecutor retired.
Section 24 grants retroactivity to benefits mentioned in Sections 14 and 16 to those who retired prior to the Act’s effectivity.
Section 25 extends applicability: benefits heretofore extended under Republic Act No. 910, as amended, and any benefits extended by way of amendment to it are given to prosecutors covered by this Act.

Special allowances, appropriation, and non-diminution

Section 20 continues special allowances under Republic Act No. 9279 subject to its provisions, with:
- payment through DOJ appropriations for amounts not supported by the funding source specified in Section 3 of Republic Act No. 9279 to complete one hundred percent (100%) of basic salary
- cessation of authorized fees under Republic Act No. 9279 Section 3 once the funded amount is included in the General Appropriations
Section 26 appropriates initially Fifty million pesos (P50,000,000.00) from the National Treasury not otherwise appropriated for one (1) year for organization and operational expenses of the Office of the Prosecutor General, adding the amount to the annual budget of the DOJ.
Section 18 prohibits demotion and salary diminution, and provides that if incumbents cannot be accommodated within allocated position items, excess incumbents continue until accommodated, transferred, or separated.
Section 19 prohibits undermining security of tenure:
- transfer is not allowed except as provided herein or for temporary assignment as public interest may require
- temporary assignment cannot exceed three (3) months without the prosecutor’s written consent
- Provincial Prosecutor or City Prosecutor cannot be detailed or assigned to another office or station except in concurrent capacity and with written consent.

Continuity, renaming, and promotion rules

Section 17 requires that upon approval, prosecuting officers in the present prosecution staff continue in office to discharge functions under the Act.
Section 17 renames position titles: Chief State Prosecutor becomes Prosecutor General, and Assistant Chief State Prosecutor becomes Senior Deputy State Prosecutor.
Section 17 reclassifies existing ranks:
- existing Prosecutor III are called Senior Assistant State Prosecutors
- existing Prosecutor II are called Assistant State Prosecutors
Section 17 retains and renames prosecution offices:
- Regional/Provincial/City prosecution offices established under prior law are retained and renamed Regional Prosecution Office, Office of the Provincial Prosecutor, and Office of the City Prosecutor, respectively.
Section 17 requires all regional, provincial, and city prosecutors and their assistants to continue discharging their functions under the Act.
Section 17 provides title adjustments for assistant prosecutors (including those formerly at Prosecutor IV, III, II, and I ranks) to match Section 15 titles.
Section 17 requires upgrade in eligible jurisdictions: in provinces or cities with at least twenty-five (25) prosecutors and in cities within a metropolitan area established by law, all assistant prosecutors with Prosecutor I rank before enactment must be upgraded to Prosecutor II and titled Assistant Provincial Prosecutor or Assistant City Prosecutor, as the case may be.

Prohibitions on self-interest and pension

Section 22 prevents a pension recipient prosecutor from practicing in cases where the government is an adverse party in civil cases and from handling certain criminal cases involving government officers accused for offenses related to their office.
Section 22 prevents collecting fees for administrative appearances maintaining an adverse interest to the government.
Section 22 requires cessation of pension and allowances upon assumption of elective public office during the elected term.

Repeals, separability, effectivity

Section 27 repeals and/or modifies all acts, laws, decrees, executive orders, letters of instruction, and regulations—or parts thereof—inconsistent with any provision of the Act.
Section 28 provides separability: if any section or provision is declared unconstitutional or invalid, the remaining sections not affected continue in full force and effect.
Section 29 states effectivity: the Act takes effect after fifteen (15) days following publication in at least two (2) newspapers of general circulation or in the Official Gazette.
The Act was approved on April 8, 2010, and it lapsed into law on APR 08 2010 without the President’s signature in accordance with Article VI, Section 27 (1) of the Constitution.