Title
Reorganization of DOJ Prosecution Service
Law
Presidential Decree No. 1275
Decision Date
Apr 11, 1978
Presidential Decree No. 1275 reorganizes and improves the prosecution system in the Philippines by establishing the National Prosecution Service and regionalizing the prosecution offices, with the aim of enhancing the quality of prosecution services and ensuring efficient investigation and prosecution of criminal cases.

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.

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