Title
Prosecution Staff Reorganization Act
Law
Republic Act No. 5184
Decision Date
Sep 8, 1967
Republic Act No. 5184 merged state prosecutors and prosecuting attorneys into the Prosecution Staff of the Department of Justice, granting them the same powers as provincial or city fiscals, and established positions, ranks, and salaries for personnel in the Prosecution Staff.

Purpose and reorganization of DOJ prosecution

  • Section 1 merges the state prosecutors and the prosecuting and other attorneys in the Prosecution Division and Deportation Board into one prosecution service.
  • Section 1 renames and organizes the merged service as the Prosecution Staff of the Department of Justice.
  • RA 5184 expands the prosecution staff and establishes its leadership structure, personnel complements, and appointment rules.

Merger into one DOJ prosecution service

  • Section 1 merges into one prosecution service the state prosecutors and the prosecuting and other attorneys in the Prosecution Division and Deportation Board.
  • Section 1 consolidates these officials “as provided by existing laws” into the Prosecution Staff of the Department of Justice.
  • Section 1 creates a single staff structure headed by a Chief State Prosecutor and supported by Assistant Chief State Prosecutors, followed by senior, state, and district levels.

Structure, positions, and salary rates

  • Section 1 provides that the enlarged Prosecution Staff has:
    • One Chief State Prosecutor,
    • Three Assistant Chief State Prosecutors, and
    • Additional prosecutors and district prosecutors in the counts and salary relationships stated in Section 1.
  • Section 1 sets annual salary relationships for prosecutors as fixed comparative amounts relative to the Assistant Chief State Prosecutor:
    • Each Senior State Prosecutor receives an annual salary PHP 800.00 less than the Assistant Chief State Prosecutor.
    • Each state prosecutor (multiple groups listed) receives annual salary PHP 600.00 less than the next preceding paragraph.
    • The list also includes Ten state prosecutors and Sixteen district state prosecutors with the comparative salary language stated in Section 1.
  • Section 1 provides that each Chief State Prosecutor and Assistant Chief State Prosecutor is qualified like a Judge of the Court of First Instance and that their salaries are fixed at PHP 19.000.00 each per annum (as written).
  • Section 1 provides additional positions within the Prosecution Staff through a complementary personnel list with the specific annual salaries stated in Section 4.

Appointment authority and district prosecutor rule

  • Section 2 requires that the Chief State Prosecutor, Assistant Chief State Prosecutors, Senior State Prosecutors, State Prosecutors, and District State Prosecutors are appointed by the President of the Philippines with the consent of the Commission on Appointments.
  • Section 2 provides that each judicial district as organized under Republic Act No. 296 (the Judiciary Act of 1948, as amended) shall have one District State Prosecutor who shall be permanently appointed to that district.
  • Section 2 provides that District State Prosecutors are under the supervision of the Chief of State Prosecutor.
  • Section 2 fixes the qualifications and ranking rule: the qualifications and rank of Senior State Prosecutor, State Prosecutor, or District State Prosecutor are the same as a provincial fiscal.

Powers, authority, and duties

  • Section 3 states that the Chief State Prosecutor, Assistant Chief State Prosecutors, Senior State Prosecutors, State Prosecutors, District State Prosecutors, and other assigned prosecuting attorneys have the same powers as provincial or city fiscals as provided by law.
  • Section 3 restricts their engagement with local fiscals: they shall only assist or collaborate with the provincial or city fiscal unless the Secretary of Justice expressly directs and authorizes otherwise.
  • Section 3 mandates additional prosecutorial and investigative functions: the Chief State Prosecutor, Assistant Chief State Prosecutors, Senior State Prosecutors, and State Prosecutors shall prosecute deportation cases, investigate administrative charges against fiscals, and perform other duties assigned by the Secretary of Justice in the interest of the public service.

Complementary personnel and staffing compensation

  • Section 4 provides that the Prosecution Staff shall have the following complementary personnel with the annual salaries stated:
    • One supervising administrative assistant at PHP 8.400.00 per annum.
    • Three supervising senior stenographic reporters at PHP 7.200.00 per annum each.
    • Eight senior stenographic reporters at PHP 6.600.00 per annum each.
    • Twelve junior stenographic reporters at PHP 6.000.00 per annum each.
    • Sixteen district stenographic reporters at PHP 5.400.00 per annum each.
    • One secretary at PHP 6.000.00 per annum.
    • One sheriff at PHP 4.200.00 per annum.
    • One statistical aide at PHP 4.800.00 per annum.
    • Two clerks at PHP 4.200.00 per annum each.
    • Two janitor-messengers at PHP 3.600.00 per annum each.
  • Section 4 requires that these complementary positions are part of the Prosecution Staff authorized by RA 5184.

Salary provisions, protections, and adjustments

  • Section 2 provides that, notwithstanding any provision of law to the contrary, members of the Prosecution Staff and complementary personnel shall receive the salary rates provided in RA 5184.
  • Section 2 protects job security: no prosecutor, attorney, or employee of the merged prosecution services at the time of the approval of RA 5184 shall be removed or separated from the service except for cause as provided by law.
  • Section 2 authorizes the Secretary of Justice to determine and establish the respective positions, rank and salaries of incumbent state prosecutors and personnel.
  • Section 2 bars downward movement: no incumbent prosecutor or personnel shall be demoted in rank and salary.
  • Section 2 provides that incumbent prosecutors, attorneys and personnel shall receive salary adjustments without the need of any new appointment.

Budget appropriation and effectivity

  • Section 3 appropriates out of any funds in the National Treasury not otherwise appropriated, in addition to sums in the current Appropriations Act, such sums as may be necessary to carry out RA 5184.
  • Section 4 provides that RA 5184 takes effect upon its approval.

Repeal and superseding effect

  • Section 1 repeals Sections 1, 2, 2-A and 2-B of Republic Act No. 3,783 as amended and/or inserted by Republic Act No. 4,140.
  • Section 1 provides that the repealed sections are replaced by the new provisions enacted in RA 5184, including the reorganization and staffing rules set out above.

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