Legal basis and governing references
- The Decree is issued by the President pursuant to powers vested by the Constitution.
- Presidential Decree No. 1137 is framed around the fact that certain prosecutors were covered by Republic Act No. 5184 and Republic Act No. 6407.
- Presidential Decree No. 1137 addresses salary adjustments that had not been granted since the effectivity of Budget Circular No. 240 on July 1, 1974.
- The Decree notes that national employees under the Classification and Pay Plans received adjustments effective January 1, 1976 under L.O.I. No. 345, but that benefits did not extend to the members of the Prosecution Service.
Policy and intent
- The Decree orders a salary increase and standardization to preserve morale and adequately compensate all Government Prosecutors.
- The Decree is also intended to attract and keep capable and efficient personnel in the Prosecution Service.
Covered officials and salary framework
- Section 1 standardizes the salaries of State Prosecutors in the Department of Justice.
- Section 2 fixes the annual salaries of Provincial and City Fiscals.
- Section 3 allows the number of positions by grade and classes to be increased or decreased through normal budgeting procedures.
State Prosecutors (Department of Justice)
- Section 1(a) provides that the Chief State Prosecutor shall be paid according to his rank and grade as a member of the Career Executive Service Board.
- Section 1(b) fixes the salaries of three Assistant Chief State Prosecutors at P29,904 each, but provides that if one or more is admitted to the CES, the affected officer shall be paid according to his rank and grade as determined by the CESB.
- Section 1(c) fixes the salaries of six Senior State Prosecutors at P28,668 per annum each.
- Section 1(d) fixes the salaries of six Senior State Prosecutors at P28,248 per annum each.
- Section 1(e) fixes the salaries of six Senior State Prosecutors at P27,185 per annum each.
- Section 1(f) fixes the salaries of six State Prosecutors at P26,370 per annum each.
- Section 1(g) fixes the salaries of six State Prosecutors at P25,554 per annum each.
- Section 1(h) fixes the salaries of eleven State Prosecutors at P24,739 per annum each.
- Section 1(i) fixes the salaries of eleven State Prosecutors at P23,923 per annum each.
- Section 1(j) fixes the salaries of sixteen District State Prosecutors at P23,108 per annum each.
- Section 1(k) fixes the salaries of two State Prosecutors at P21,476 per annum each.
- Section 1(l) fixes the salaries of three State Prosecutors at P14,828 per annum each.
- Section 1(m) fixes the salaries of two State Prosecutors at P16,311 per annum each.
- Section 1(n) provides that one State Prosecutor shall receive an annual salary of P16,270 per annum.
- Section 1(o) provides that one State Prosecutor shall receive an annual salary of P16,185 per annum.
- Section 1(p) fixes the salaries of two State Prosecutors at P13,998 per annum each.
- Section 1(q) provides that one State Prosecutor shall receive an annual salary of P15,389 per annum.
- Section 1(r) fixes the salaries of five State Prosecutors at P15,466 per annum each.
- Section 1(s) provides that one State Prosecutor shall receive an annual salary of P12,678 per annum.
Provincial and City Fiscals (annual salaries)
- Section 2 fixes the annual salaries of Provincial and City Fiscals by province/city class and by position type/grade.
- Section 2(A) First Class Province fixes 52 Provincial Fiscals at P29,360 each and fixes First to Fifth Assistants and Assistants as follows: 53 First Assistants at P23,948 each; 53 Second Assistants at P22,243 each; 49 Third Assistants at P20,686 each; 45 Fourth Assistants at P19,054 each; 36 Fifth Assistants at P17,423 each; 179 Assistants at P15,570 each.
- Section 2(B) Second Class Province fixes 10 Provincial Fiscals at P27,803 each; 10 First Assistants at P22,317 each; 9 Second Assistants at P20,686 each; 8 Third Assistants at P15,792 each; 7 Fourth Assistants at P17,423 each; 5 Fifth Assistants at P15,792 each; 3 (the remainder of the Second Class Province enumeration is not determinable from the provided text).
- Section 2(C) Third Class Province fixes 4 Provincial Fiscals at P26,172 each; 3 First Assistants at P20,686 each; 2 Second Assistants at P19,054 each; 1 Third Assistant at 17,423 (as written).
- Section 2(D) Fourth Class Province fixes 4 Provincial Fiscals at P24,541 each; 2 First Assistants at P19,054 each; 2 Assistants at P15,792 each.
- Section 2(E) Fifth Class Province fixes 1 Provincial Fiscal at P24,615.
- Section 2(F) First Class City fixes 25 City Fiscals at P30,176 each; 23 First Assistants at P24,467 each; 19 Second Assistants at P22,836 each; 23 Third Assistants at P21,205 each; 22 Fourth Assistants at P20,018 each; 18 Fifth Assistants at P19,277 each; 7 Sixth Assistants at P18,536 each; 17 Other Assistants at P15,718 each.
- Section 2(G) Second Class City fixes 16 City Fiscals at P28,555 each.
- Section 2(H) Third Class City fixes 8 City Fiscals at P26,914 each; 8 First Assistants at P21,205 each; 6 Second Assistants at P19,573 each; 4 Third Assistants at P17,940 each; 1 Fourth Assistant at P15,273; 1 Fifth Assistant at P15,422.
- Section 2(I) Fourth Class City fixes 5 City Fiscals at P24,356 each; 3 First Assistants at P19,203 each; 1 Second Assistant at P17,646.
- Section 2(J) Fifth Class City fixes 2 City Fiscals at P24,763 each.
Appropriation, bearing of increases, and exclusions
- Section 4 appropriates out of any funds in the National Treasury not otherwise appropriated such sums as may be necessary to pay the salary increases provided in Sections 1 and 2.
- Section 4 requires that thereafter, the funds needed to implement the Decree be included in the Annual Appropriations Act.
- Section 4 provides that the salary increases herein provided for shall be borne by the National Government.
- Section 4 provides that the Decree shall not apply to:
- the City Fiscal of Manila and his Assistants;
- the City Fiscal of Quezon City and his Assistants; and
- the City Fiscal of Pasay City.
- Section 4 preserves the grant of allowance to the named fiscals, provided the allowances shall not exceed twenty-five per cent of their basic salaries.
Administrative implementation and amendments
- Section 3 authorizes increases or decreases in the number of positions by grade and classes through the normal budgeting procedures.
- Presidential Decree No. 1137 contains no separate filing, approval, hearing, or implementing agency procedure for compliance within its operative provisions.
Repeal, separability, and sunset
- Presidential Decree No. 1137 contains no express separability clause, repealing clause, or sunset provision in its operative sections.