Functions of the Prosecution Staff in the Office of the Secretary of Justice
- Investigate administrative charges against prosecutors.
- Conduct investigations and prosecutions of all crimes.
- Prepare legal opinions on violations of the Revised Penal Code and special penal laws.
- Review appeals from lower prosecuting officers' resolutions.
Structure, Qualifications, and Appointment of the Prosecution Staff
- Composed of prosecuting officers headed by a Chief State Prosecutor and three Assistant Chief State Prosecutors.
- Members must be lawyers with proven integrity and competence, with at least 5 years of practice or equivalent experience.
- Appointed by the President upon recommendation of the Secretary of Justice.
Composition and Salaries of the Prosecution Staff
- Includes one Chief State Prosecutor, three Assistant Chief State Prosecutors, multiple Senior State Prosecutors, State Prosecutors, and Prosecution Attorneys.
- Prosecution Attorneys assist the staff and are appointed by the Secretary of Justice.
- Salaries set by the President upon recommendation of the Commissioner of the Budget.
Regional State Prosecution Offices: Creation and Jurisdiction
- Regional Prosecution Offices established in designated regional centers covering specific provinces and cities.
- Specified regional centers for all administrative regions plus direct supervision of Metropolitan Manila Area by Chief State Prosecutor.
Staffing, Qualifications, and Salaries of Regional State Prosecution Offices
- Each regional office headed by a Regional State Prosecutor, assisted by an Assistant Regional State Prosecutor and three State Prosecutors.
- Appointments made by the President upon recommendation from the Secretary of Justice.
- Qualifications and salaries align with provisions for the Prosecution Staff.
- Salaries paid from national funds included in DOJ appropriations.
Functions of Regional State Prosecutors
- Implement DOJ policies on criminal prosecution within the region.
- Exercise administrative supervision over provincial and city fiscals within the region.
- Prosecute cases within jurisdiction and manage subordinate personnel appointments and transfers.
- Investigate administrative complaints and make recommendations to the Secretary of Justice.
- Approve various leaves and benefits for personnel.
- Manage budget and contracts within set financial limits.
- Coordinate with other government agencies at the regional level.
Provincial and City Fiscal Offices: Structure
- Each province and sub-province has one provincial fiscal and designated assistant fiscals.
- Each city has one city fiscal and assistant city fiscals.
Qualifications and Appointment of Provincial and City Fiscals and Assistants
- Same qualifications as the Prosecution Staff members.
- Appointed by the President upon recommendation of the Secretary of Justice.
Duties and Functions of Provincial and City Fiscals
- Serve as law officers and handle prosecution of crimes, misdemeanors, and ordinance violations within jurisdiction.
- Investigate crimes and prepare complaints.
- Take evidence and coordinate investigations with law enforcement agencies.
- May act as legal adviser to local government officials concurrently with municipal or city attorneys.
- Assist the Solicitor General when deputized.
Specific Number of Provincial Fiscals and Assistants per Province/Sub-Province
- Detailed enumeration of provincial fiscal offices and assistants by province and sub-province.
Specific Number of City Fiscals and Assistants per City
- Detailed enumeration of city fiscal offices and assistants per specified cities.
Salaries of Provincial and City Fiscals and Assistants
- Salaries approved by the President upon recommendation of the Commissioner of the Budget.
- Paid entirely from national funds.
- Permit local government allowances up to 25% of basic salary.
- Salaries of clerks and subordinate personnel are paid by local governments.
Special Counsels
- Positions may be created by provinces or cities to assist fiscals.
- Appointment subject to approval and recommendation of proper authorities.
- Salaries chargeable to local funds and cannot exceed lowest assistant fiscal rate.
Offices and Facilities
- National government responsible for regional office spaces and maintenance paid from national funds.
- Local governments responsible for office space and maintenance of provincial and city fiscal offices
Abolition and Reorganization of Existing Prosecution Offices
- Existing prosecution offices and positions cease to exist on dates specified by presidential implementation.
- Functions, appropriations, and personnel transferred to new offices established by this decree.
Continuation and Transition of Incumbent Officials
- Incumbents continue to serve until qualified replacements are appointed.
- District state prosecutors serve until Regional State Prosecutors are appointed.
- Incumbents may receive the higher of current or newly authorized salary upon appointment to new posts.
Gratuity and Re-employment for Separated Personnel
- Officers and employees separated due to reorganization entitled to gratuity based on length of service.
- Option to choose between this gratuity or existing pension rights.
- Right to civil service eligibility preserved with inclusion in a preferential re-employment list.
Initial Appropriation and Budget
- An initial amount of ₱31,500,000 appropriated for organization and operation for one year.
- Future funding to be part of annual DOJ budget.
Repeal of Inconsistent Laws
- All laws, orders, or regulations inconsistent with this decree repealed or modified accordingly.
Separability Clause
- Invalidity of any section does not affect other provisions which shall remain effective.
Effectivity
- The Decree takes effect immediately upon issuance.