Policy, purpose, and design
- The decree requires reorganizing and restructuring the prosecution system to improve the quality of prosecution services in the public interest.
- The decree regionalizes prosecution in line with the government policy of decentralization.
- The decree aims to rationalize the allocation of prosecution positions and functions according to service requirements.
- The decree aims to upgrade salaries of prosecutors and provincial and city fiscals.
Creation of National Prosecution Service
- Section 1 creates and establishes the National Prosecution Service under the supervision and control of the Secretary of Justice.
- The National Prosecution Service is composed of:
- the Prosecution Staff in the Office of the Secretary of Justice, and
- such number of Regional State Prosecution Offices, and
- Provincial and City Fiscals’ Offices as provided in the decree.
- Section 1 makes the National Prosecution Service primarily responsible for the investigation and prosecution of all cases involving violations of penal laws.
- Section 1 grants the Secretary of Justice supervisory power to:
- act directly on matters within the jurisdiction of the Prosecution Staff, Regional State Prosecution Offices, and Provincial/City Fiscals; and
- review, modify, or revoke any decision or action of the Chief of those staff or offices.
- Section 1 also places the National Prosecution Service within a hierarchical control system anchored on the Secretary of Justice.
Prosecution Staff: functions and leadership
- Section 2 creates a Prosecution Staff in the Office of the Secretary of Justice under the control of the Secretary of Justice.
- Section 2 requires the Prosecution Staff to:
- investigate administrative charges against fiscals and other prosecution officers;
- conduct the investigation and prosecution of all crimes;
- prepare legal opinions on queries involving violations of the Revised Penal Code and special penal laws; and
- review appeals from resolutions of fiscals and other prosecuting officers in connection with criminal cases they handle.
- Section 3 provides the Prosecution Staff is headed by a Chief State Prosecutor assisted by three Assistants Chief State Prosecutors.
- Section 3 requires Prosecution Staff members, including the Chief State Prosecutor and Assistants, to be selected from qualified legal professionals who have:
- been in the actual practice of the legal profession for at least five (5) years prior to appointment; or
- held during the same period any position requiring the qualifications of a lawyer.
- Section 3 requires appointment by the President upon recommendation of the Secretary of Justice.
Prosecution Staff composition and compensation
- Section 4 specifies the Prosecution Staff composition as:
- One Chief State Prosecutor
- Three Assistant Chief State Prosecutors
- Six Senior State Prosecutors (as listed)
- Ten State Prosecutors (as listed)
- Six State Prosecutors (as listed)
- Section 4 creates six Prosecution Attorneys in the Office of the Secretary of Justice to assist the Prosecution Staff; these must be members of the bar.
- Section 4 provides appointment of Prosecution Attorneys by the Secretary of Justice.
- Section 5 provides that the compensation of the Prosecution Staff and Prosecution Attorneys is established by the President upon recommendation of the Commissioner of the Budget, pursuant to P.D. No. 985.
- Section 5 links compensation setting to budgeting authority under P.D. No. 985.
Regional State Prosecution Offices
- Section 6 creates a Regional Prosecution Office in each region, headed by a structure and coverage provided by the decree.
- Section 6 lists these regional centers and their covered provinces/cities:
- Region I center San Fernando, La Union covering Abra, Benguet, Ilocos Norte, Ilocos Sur, La Union, Mt. Province, Pangasinan, and the cities of Baguio, Dagupan, Laoag, San Carlos.
- Region II center Tuguegarao, Cagayan covering Batanes, Cagayan, Ifugao, Isabela, Kalinga-Apayao, Nueva Viscaya, Quirino.
- Region III center San Fernando, Pampanga covering Bataan, Bulacan, Nueva Ecija, Pampanga, Tarlac, Zambales, and cities of Angeles, Cabanatuan, Olongapo, Palayan, San Jose.
- Region IV-A center Pasig, Metro Manila covering Batangas, Cavite, Laguna, Marinduque, Mindoro Oriental, Mindoro Occidental, Palawan, Quezon, Rizal, Romblon, Aurora, and cities of Batangas, Cavite, Lipa, Lucena, Puerto Princesa, San Pablo, Tagaytay, Trece Martires.
- Region V center Legaspi City covering Albay, Camarines Sur, Camarines Norte, Catanduanes, Masbate, Sorsogon, and cities of Legaspi, Naga, Iriga.
- Region VI center Iloilo City covering Aklan, Antique, Capiz, Iloilo, Negros Occidental, and cities of Bacolod, Bago, Cadiz, Iloilo, La Carlota, Roxas, San Carlos, Silay.
- Region VII center Cebu City covering Bohol, Cebu, Negros Oriental, Siquijor, and cities of Bais, Canlaon, Cebu, Danao, Dumaguete, Lapu-Lapu, Mandaue, Tagbilaran, Toledo.
- Region VIII center Tacloban City covering Eastern Samar, Leyte, Northern Samar, Southern Leyte, Western Samar, Biliran, and cities of Calbayog, Ormc, Tacloban.
- Region IX-A center Jolo covering Basilan, Sulu, Tawi-Tawi.
- Region IX-B center Zamboanga City covering Zamboanga del Norte, Zamboanga del Sur, and cities of Dapitan, Dipolog, Pagadian, Zamboanga.
- Region X center Cagayan de Oro City covering Agusan del Norte, Agusan del Sur, Bukidnon, Camiguin, Misamis Occidental, Misamis Oriental, Surigao del Norte, and cities of Butuan, Cagayan de Oro, Guingoog, Ozamis, Oroquieta, Surigao, Tangub.
- Region XI center Davao City covering Davao del Norte, Davao Oriental, Davao del Sur, South Cotabato, Surigao del Sur, and cities of Davao, General Santos.
- Region XII center Cotabato City covering Lanao del Norte, Lanao del Sur, Maguindanao, North Cotabato, Sultan Kudarat, and cities of Cotabato, Iligan, Marawi.
- Section 6 provides a special placement: Region IV comprising Manila, Quezon, Pasay, Caloocan, and all municipalities in the Metropolitan Manila Area under P.D. No. 824, is placed directly under the administrative supervision of the Chief State Prosecutor.
- Section 7 provides each Regional State Prosecution Office is headed by a Regional State Prosecutor, assisted by an Assistant Regional State Prosecutor and three State Prosecutors, all appointed by the President upon the recommendation of the Secretary of Justice.
- Section 7 requires qualifications for Regional State Prosecutors and Assistants to match the qualifications for the Prosecution Staff under Section 3.
- Section 7 provides salary rules:
- Regional State Prosecutors and Assistant Regional State Prosecutors receive the same salaries as those specified for the corresponding ranks in Section 5.
- The three State Prosecutors receive the same salaries as the highest ranking State Prosecutors provided in Sections 3 and 5.
- Section 7 mandates payment from national funds, and inclusion in the annual appropriations of the Department of Justice.
- Section 8 places the Regional State Prosecutor under the control of the Secretary of Justice and grants specific regional functions.
Regional State Prosecutor: powers and functions
- Section 8 requires the Regional State Prosecutor to implement Department of Justice policies, plans, programs, memoranda, orders, circulars, and rules and regulations relative to investigation and prosecution in the region.
- Section 8 grants immediate administrative supervision over all provincial and city fiscals and other prosecuting officers in the region.
- Section 8 authorizes the Regional State Prosecutor to prosecute any case arising within the region.
- Section 8 empowers the Regional State Prosecutor, for the regional office and offices of provincial/city fiscals within the region, to:
- appoint necessary subordinate officers and employees; and
- approve transfers of subordinate personnel within the jurisdiction of the regional office.
- Section 8 directs the Regional State Prosecutor to investigate administrative complaints against fiscals and other prosecuting officers in the region and submit recommendations to the Secretary of Justice, who after review makes appropriate recommendation to the Office of the President.
- Section 8 provides a decision mechanism: where the Secretary of Justice finds insufficient grounds for the filing of charges, the Secretary of Justice may render a decision of dismissal.
- Section 8 directs the Regional State Prosecutor to investigate administrative complaints against subordinate personnel of the region and submit recommendations to the Secretary of Justice for decision.
- Section 8 empowers approval of requests for:
- sick, vacation and maternity leaves of absence with or without pay for a period not exceeding one year;
- overtime services;
- permission to exercise profession or engage in business outside office hours;
- official travel within the region for periods not exceeding thirty days; and
- benefits under Section 699 of the Revised Administrative Code.
- Section 8 requires the Regional State Prosecutor to prepare the regional budget for approval of the Secretary of Justice and administer it.
- Section 8 requires negotiation and conclusion of contracts for services or furnishing supplies/materials/equipment only up to P50,000.00 for each quarter.
- Section 8 requires coordination with regional offices of other departments, DOJ bureaus/agencies, and local governments and police units in the region.
Provincial and City Fiscals: roles, qualifications, staffing
- Section 9 establishes in each province and each sub-province:
- one provincial fiscal and such number of assistant provincial fiscals as may be provided for; and in each city:
- one city fiscal and such number of assistant city fiscals as may be provided for.
- Section 10 disqualifies appointment unless the appointee possesses the same qualifications as Prosecution Staff members under Section 3.
- Section 10 provides that provincial and city fiscals and their assistants are appointed by the President upon recommendation of the Secretary of Justice.
- Section 11 makes the provincial fiscal or city fiscal the law officer of the province or city and places them in charge of prosecution of:
- all crimes, misdemeanors, and
- violations of city or municipal ordinances
- in the courts of that province or city, including duties incident to instituting criminal prosecutions.
- Section 11 requires provincial and city fiscals to investigate and/or cause investigation of all charges of crimes, misdemeanors, and violations of all penal laws and ordinances within their jurisdiction and to have necessary information or complaint prepared or made.
- Section 11 requires receipt of sworn statements or taking oral evidence from witnesses summoned by subpoena for those investigations.
- Section 11 requires active participation in gathering relevant evidence by investigating criminal acts, with assistance from the National Bureau of Investigation, the Philippine Constabulary, and other government offices/agencies.
- Section 11 authorizes concurrent legal advisory functions: notwithstanding Republic Act No. 2264 (Local Autonomy Act) and Republic Act No. 5185 (Decentralization Act), the provincial or city fiscal may concurrently act as legal adviser to the municipal or city mayor and council/sanggunian (or provincial/city government and officers) and, when requested, submit a written opinion on legal questions.
- Section 11 requires assistance to the Solicitor General when deputized in the public interest in functions incumbent upon the Solicitor General within the former’s territorial jurisdiction, under the Solicitor General’s control and supervision regarding the assigned proceedings, with required reports.
- Sections 12 and 13 provide the numerical staffing (number of provincial or city fiscals and their assistant ranks) for listed provinces/sub-provinces and cities.
- Section 14 sets salary rules:
- annual salaries of provincial and city fiscals and their assistants are approved by the President upon recommendation of the Commissioner of the Budget, pursuant to P.D. No. 985; and
- salaries of these fiscals and assistants are paid entirely out of national funds and included in the annual appropriations of the Department of Justice.
- Section 14 allows local allowances for provincial/city fiscals and assistants in amounts not exceeding twenty-five percent (25%) of basic salaries.
- Section 14 places responsibility for clerks, stenographers, and other subordinate employees in provincial/city fiscal offices on the province or city where they are assigned.
Special counsels, office support, and transfers
- Section 15 allows creation of Special Counsels when exigencies require additional counsel to assist provincial and city fiscals.
- Section 15 provides that Special Counsels are created by a province or city subject to approval of the Secretary of Justice, with salaries chargeable against provincial or city funds.
- Section 15 provides appointment of Special Counsels by the Secretary of Justice upon recommendation of the provincial or city fiscal and the Regional State Prosecutor concerned, on a permanent or temporary basis.
- Section 15 limits Special Counsel appointment to members of the bar.
- Section 15 restricts Special Counsel salary to not more than the salary rate provided in the decree for the lowest rank or grade of assistant fiscal in the province or city of assignment.
- Section 16 directs the Budget Commission and other concerned departments/agencies to provide the Department of Justice technical assistance, suitable building sites, and office spaces for Regional State Prosecution Offices pending construction of regional government centers under the Integrated Reorganization plan.
- Section 16 places rental costs and incidental maintenance expenses for Regional State Prosecution Offices on national funds.
- Section 16 requires provincial and city governments to provide adequate office spaces for their provincial/city fiscal offices and pay incidental expenses, including rental payments.
Transitory, gratuity, appropriation, repeal, separability
- Section 17 requires the President to issue necessary letter/s of implementation after approval of the decree.
- Section 17 provides that existing prosecution and fiscal offices/positions throughout the country, and positions of district state prosecutors and special counsels, cease to exist from the date specified in the presidential letter(s) of implementation.
- Section 17 mandates transfer of functions, applicable appropriations, records, equipment, property, and necessary clerical/subordinate personnel to the appropriate staffs or offices created above.
- Section 18 provides continuity for incumbent officials whose appointments are by the President under the decree, allowing them to continue in office until appointment and qualification of officials to whom their powers/functions/responsibilities substantially pertain.
- Section 18 provides that incumbent district state prosecutors continue in office until appointment and qualification of the Regional State Prosecutor of the region to which their district pertains.
- Section 18 provides salary option for incumbents appointed to similar or equivalent positions created by the decree: they receive either the salary rate authorized for the position or their present salary, whichever is higher.
- Section 19 provides a separation/removal gratuity: separated or removed officers/employees receive one month's salary for every year of continuous satisfactory service, or the nearest favorable fraction thereof, based on the highest salary received.
- Section 19 gives an option where an employee is already entitled to gratuity or pension under existing law: select between the existing gratuity/pension and the gratuity under the decree.
- Section 19 preserves civil service eligibility: separated/removal employees do not lose civil service eligibilities and their names are entered in a preferential re-employment list to facilitate reappointment.
- Section 20 appropriates THIRTY-ONE MILLION FIVE HUNDRED THOUSAND PESOS (P31,500,000.00) from the National Treasury for one year from issuance, for organization and operational expenses of the National Prosecution Service.
- Section 20 directs that henceforth the amount is added to the annual budget of the Department of Justice.
- Section 21 repeals or modifies laws, decrees, executive orders, letters of instructions, regulations, or parts thereof that are inconsistent with the decree’s provisions.
- Section 22 provides separability: if a section/provision is declared unconstitutional or invalid, other unaffected sections/provisions continue in full force and effect.