Functions of the Prosecution Staff
- Investigate administrative charges against fiscals and prosecution officers
- Conduct investigation and prosecution of crimes
- Prepare legal opinions on penal law violations
- Review appeals from resolutions of fiscals and other prosecuting officers
Organization, Qualifications, and Appointment of Prosecution Staff
- Headed by Chief State Prosecutor, assisted by three Assistant Chief State Prosecutors
- Members must be qualified lawyers with at least 5 years experience or comparable positions
- Appointed by the President upon the Secretary of Justice's recommendation
Composition and Salaries of Prosecution Staff
- Detailed numbers for Chief, Assistants, Senior and State Prosecutors outlined
- Additional six prosecution attorneys to assist, appointed by the Secretary of Justice
- Salaries approved by the President upon Budget Commission's recommendation
Regional State Prosecution Offices
- Established in each specified administrative region with designated regional centers
- Manila and Metro Manila cities under Chief State Prosecutor supervision directly
Staffing, Appointment, Qualifications, and Salaries in Regional Offices
- Headed by Regional State Prosecutor, assisted by Assistant Regional State Prosecutor and three State Prosecutors
- Same qualifications and salary scales as central Prosecution Staff
- Salaries paid entirely from national funds
Functions of the Regional State Prosecutor
- Implement DOJ policies regionally
- Supervise provincial and city fiscals
- Prosecute cases within the region
- Appoint personnel and manage transfers
- Investigate administrative complaints and recommend actions to Secretary of Justice
- Approve leaves and other personnel requests
- Prepare regional budget and administer
- Contract for services and coordinate with other agencies
Provincial and City Fiscal Offices
- Each province/sub-province has one provincial fiscal and assistants; each city has one city fiscal and assistants
- Appointed by the President upon Secretary of Justice's recommendation
Qualifications and Duties of Provincial and City Fiscals
- Same qualifications as Prosecution Staff
- Prosecute crimes, misdemeanors and ordinance violations
- Investigate and gather evidence with assistance from law enforcement agencies
- Can act as legal advisers to local government units concurrently
- Assist Solicitor General when deputized
Numbering of Provincial Fiscal Offices
- Specific numbers of fiscals and assistants prescribed for provinces and sub-provinces based on size and need
Numbering of City Fiscal Offices
- Specific numbers of city fiscals and assistants prescribed for major cities and municipalities
Salaries of Provincial and City Fiscals and Assistants
- Salaries approved by the President upon recommendation
- Paid out of national funds and included in DOJ appropriations
- Local governments may provide allowances not exceeding 25% of basic salary
- Support staff’s salaries paid by local governments
Special Counsels
- Positions may be created to assist fiscals based on service needs
- Appointed by Secretary of Justice from bar members, subject to approval and recommendation
- Salaries chargeable to local funds
- Salary suitable to lowest rank assistant fiscal
Office Space and Expenses
- National government provides facilities and maintenance for Regional Offices
- Provincial and city governments provide offices and maintenance for their fiscals’ offices
Abolition of Existing Offices and Positions
- Previous prosecution offices and positions are abolished upon implementation
- Functions, appropriations, records, and personnel transferred to new offices
Incumbents and Transition
- Existing officials continue until replaced by appointees to new positions
- Incumbents appointed to equivalent new positions receive higher of old or new salary
Payment of Gratuity for Separations
- Gratuity one month’s salary per year of satisfactory service provided for separated personnel
- Option to choose between gratuity or existing pension
- Civil service eligibility preserved, with preference in re-employment
Appropriations
- Initial appropriation of P31,500,000 for one-year organization and operational expenses
- Included thereafter in Department of Justice annual budget
Repealing Clause
- All laws, decrees, orders inconsistent with this Decree are repealed or modified
Separability Clause
- Invalidity of any provision does not affect the rest of the Decree
Effectivity
- The Decree takes effect immediately upon issuance.