Title
Strengthening National Prosecution Service
Law
Republic Act No. 10071
Decision Date
Apr 8, 2010
The Prosecution Service Act of 2010 establishes a National Prosecution Service in the Philippines, enhancing the structure and functions of prosecution offices under the Secretary of Justice to ensure efficient investigation and prosecution of criminal cases, particularly those involving national security.

Law Summary

Powers of the Secretary of Justice

  • The Secretary of Justice may act directly on matters involving national security or probable miscarriage of justice within the jurisdiction of prosecution offices.
  • Has appellate jurisdiction to review, reverse, modify, or affirm decisions of various prosecutors.
  • "National security" includes offenses under the Penal Code related to national security and acts of terrorism under the Human Security Act.

Composition and Functions of the Prosecution Staff

  • Headed by a Prosecutor General assisted by Senior Deputy State Prosecutors, Deputy State Prosecutors, Senior Assistant State Prosecutors, Assistant State Prosecutors, and Prosecution Attorneys.
  • Functions include assisting the Secretary of Justice, conducting investigations involving national security and sensitive cases, acting as counsel for the People, investigating administrative charges, preparing legal opinions, and monitoring criminal cases.
  • The Prosecutor General chairs the Selection and Promotion Board for prosecutorial appointments.

Regional Prosecution Office

  • Established at each administrative region except the National Capital Region (NCR).
  • Headed by a Regional Prosecutor with designated deputies and assistants.
  • The NCR is administered directly by the Prosecutor General.

Powers and Functions of the Regional Prosecutor

  • Implements DOJ policies and exercises administrative supervision over provincial and city prosecutors within the region.
  • Prosecutes cases and resolves certain appeals delegated by the Secretary of Justice.
  • Can designate acting provincial or city prosecutors in cases of bias or inhibition.
  • Oversees appointments, transfers, disciplinary actions, leave approvals, budget administration, and coordination with government agencies in the region.

Provincial and City Prosecutors

  • A Provincial or City Prosecutor is established for each province or city, assisted by deputy prosecutors and other prosecutors.
  • Number of prosecutors corresponds to the number of court branches, ensuring adequate prosecution staffing.
  • Special counsel positions may be created with salaries from local funds.

Powers and Duties of Provincial and City Prosecutors

  • Serve as the law officers of their respective provinces or cities.
  • Investigate criminal and penal law violations and prepare necessary complaints.
  • Prosecute crimes, misdemeanors, and ordinance violations in courts within their jurisdiction.

Allocation of Prosecutor Positions

  • Detailed allocation of prosecutor positions per province and city based on workload and court branches.
  • Provision for additional deputy prosecutors proportional to the number of prosecutors.

Realignment and Creation of Prosecutor Positions

  • Provision for transferring vacant or excess positions to newly created cities or provinces.
  • Automatic creation of prosecutor positions with the establishment of new courts or branches, with rank distinctions based on size and location.

Qualification, Rank, and Appointment of Prosecutors

  • Prosecutor General is appointed by the President and holds rank equivalent to Presiding Justice of the Court of Appeals.
  • Prosecutors have ranks I to V, with corresponding qualifications, salary grades, privileges, and retirement benefits assimilated to judicial counterparts.
  • All prosecutors are appointed by the President on the recommendation of the Secretary of Justice, except prosecution attorneys and special counsel who are appointed by the Secretary of Justice.

Rank Assimilation and Benefits

  • Prosecutors’ salaries, ranks, qualifications, and retirement benefits are assimilated to those of judges of corresponding courts.
  • Automatic salary and rank upgrades when the number of prosecutors crosses certain thresholds.
  • Benefits extend retroactively to those who retired before the Act’s effectivity.

Continuity and Security of Tenure

  • Existing prosecutors continue in office with updated titles and ranks.
  • No demotion or reduction in salary is allowed due to this Act.
  • Security of tenure protected; transfers only allowed as provided or with consent; limited temporary assignments.

Special Allowances and Retirement Benefits

  • Existing special allowances continue, with funding transition provisions.
  • Retirement pension granted upon reaching age 65 with at least 15 years of service; provisions for pension at age 60 with at least 15 years continuous service within prosecution.
  • Pension benefits increase automatically with salary adjustments.
  • Retired prosecutors prohibited from representing adverse interests against the government and must forgo pensions while holding elective office.

Appropriations and Implementation

  • Initial appropriation of Fifty Million Pesos for the Office of the Prosecutor General.
  • Budgetary provisions integrated into the DOJ annual appropriations.
  • Guidelines for transfer and realignment of personnel and prosecutorial positions following territorial or organizational changes.

Repeal, Separability, and Effectivity

  • Inconsistent laws and regulations repealed or modified accordingly.
  • If any provision is declared invalid, the remainder of the Act remains effective.
  • The Act takes effect 15 days after its publication in newspapers of general circulation or the Official Gazette.

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