Strengthening National Prosecution Service

Creation of National Prosecution Service

A National Prosecution Service is created and established under Section 3, composed of the prosecution staff in the Office of the Secretary of Justice and regional prosecution offices, offices of the provincial prosecutor, and offices of the city prosecutor as provided by the Act.
The National Prosecution Service is primarily responsible for the preliminary investigation and prosecution of all cases involving violations of penal laws, under the supervision of the Secretary of Justice, subject to Sections 4, 5 and 7 under Section 3.
The constituent offices covered include the Prosecution Staff and the Regional, Provincial and City Prosecution Offices that compose the National Prosecution Service under Section 2.

Secretary of Justice control and review

The Secretary of Justice may act directly on any matter involving national security or a probable miscarriage of justice within the jurisdiction of the prosecution staff, regional prosecution office, and provincial or city prosecutor under Section 4.
The Secretary of Justice may review, reverse, revise, modify or affirm on appeal or petition for review final judgments and orders of the prosecutor general, regional prosecutors, provincial prosecutors, and city prosecutors, as provided by law or DOJ rules under Section 4.
For determining cases the Secretary of Justice may act on directly, “national security” refers to crimes against national security under the Penal Code, Book II, Title I, and other cases involving acts of terrorism as defined under the Human Security Act under Republic Act No. 9372 under Section 4.

Prosecution staff composition and functions

A prosecution staff is established in the Office of the Secretary of Justice under Section 5, headed by a Prosecutor General and assisted by the following numbers of prosecutorial officers:
- Five (5) Senior Deputy State Prosecutors
- Five (5) Deputy State Prosecutors
- Thirty-five (35) Senior Assistant State Prosecutors
- Eighty (80) Assistant State Prosecutors
- Twenty (20) Prosecution Attorneys
The Prosecution Staff is under the control and supervision of the Secretary of Justice under Section 5.
The Prosecution Staff must assist the Secretary of Justice in the exercise of his/her appellate jurisdiction under Section 5.
The Prosecution Staff must conduct preliminary investigation and prosecution of:
- criminal cases involving national security;
- criminal cases for which task forces have been created; and
- criminal cases whose venues are transferred to avoid miscarriage of justice,
  when directed by the Secretary of Justice as public interest may require under Section 5.
The Prosecution Staff must act as counsel for the People of the Philippines in any case involving or arising from a criminal complaint investigated by any of its prosecutors and pending before any trial court under Section 5.
The Prosecution Staff must investigate administrative charges against prosecutors, other prosecution officers, and members of their support staff under Section 5.
The Prosecution Staff must prepare legal opinions on queries involving violations of the Revised Penal Code and special penal laws under Section 5.
The Prosecution Staff must monitor all criminal cases filed with the Office of the Prosecutor General, maintain an updated record of each case’s status, and adopt systems and procedures to expedite monitoring and disposition under Section 5.
The Prosecutor General and Senior Deputy State Prosecutors act as a Selection and Promotion Board to screen applicants for appointment or promotion to prosecutorial positions in the Office of the Prosecutor General under Section 5.
The regional prosecutor, provincial prosecutor, or city prosecutor must sit as a member of the Board whenever the office considers applicants for positions in the office under Section 5.
The Prosecutor General is the Chairperson of the Board under Section 5.

Regional prosecution offices and powers

A Regional Prosecution Office must be established in each administrative region, except the National Capital Region (NCR), under Section 6, headed by a Regional Prosecutor with:
- one (1) Deputy Regional Prosecutor
- one (1) Senior Assistant Regional Prosecutor
- three (3) Assistant Regional Prosecutors
- one (1) Prosecution Attorney under Section 6.
For this regionalization, the NCR must be placed under the administrative supervision of the Prosecutor General under Section 6.
The Regional Prosecutor must implement DOJ policies, plans, programs, memoranda, orders, circulars, and rules relative to investigation and prosecution in the region under Section 7.
The Regional Prosecutor must exercise immediate administrative supervision over all provincial and city prosecutors and other prosecuting officers within the region under Section 7.
The Regional Prosecutor must prosecute any case arising within the region under Section 7.
When delegated by the Secretary of Justice, the Regional Prosecutor must resolve with finality appeals or petitions for review of judgments and orders of provincial and city prosecutors and their assistants within the region in cases where the offenses charged are cognizable by the municipal trial court under Section 7.
The Secretary of Justice is not precluded from reviewing Regional Prosecutor resolutions in cases of grave abuse of discretion, and from determining the extent of coverage of the Regional Prosecutors’ review power under Section 7.
The Regional Prosecutor must designate a prosecutor as Acting Provincial or City Prosecutor to investigate and prosecute a case when parties question the partiality or bias of a particular prosecutor or when the prosecutor inhibits himself/herself due to relationship within the sixth (6th) civil degree of consanguinity or affinity under Section 7.
The Regional Prosecutor must, within the region and within his/her regional office and the offices of provincial and city prosecutors:
- appoint necessary subordinate officers and employees;
- approve transfer of subordinate personnel within jurisdiction and exercise disciplinary actions under the Civil Service Law and other existing laws and regulations;
- approve requests for sick, vacation, maternity, and other leave with or without pay for a period not exceeding one (1) year, and approve overtime services, permission to exercise profession or engage in business outside office hours, and official travel within the region for periods not exceeding thirty (30) days, and approve claims and benefits under existing laws;
- exercise immediate administrative supervision over all provincial and city prosecutors, their assistants, and other prosecuting officers;
- investigate administrative complaints against prosecutors and other prosecuting officers and recommend appropriate action to the Secretary of Justice for review and, when warranted, referral to the Office of the President;
- approve attendance of personnel in conferences, seminars and other training programs within the region;
- prepare the region budget for approval by the Secretary of Justice and administer it;
- approve requisition for supplies, materials, equipment, and books/periodicals and similar items in accordance with the approved supply procurement program;
- negotiate and conclude contracts for services or furnishing supplies/materials/equipment within the budgetary limits set for the region; and
- monitor submission of all reports required by the Secretary of Justice under Section 7.
The Regional Prosecutor must coordinate with regional offices of other government departments and local government units in the region and perform other duties and functions provided by law or further delegated by the Secretary of Justice under Section 7.

Provincial and city prosecutors: structure and staffing

For each province or city, a Provincial Prosecutor or City Prosecutor must be appointed under Section 8, assisted by at least one (1) Deputy Provincial Prosecutor or Deputy City Prosecutor, and by assistant and associate prosecutors as provided by the Act.
When a new province or city is created, the Act requires staffing using court-branch ratios under Section 8:
- two (2) prosecutors for each branch of regional trial court
- one (1) prosecutor for each branch of metropolitan trial court or municipal trial court in cities
- one (1) prosecutor for every two (2) municipal trial courts in municipalities or branches thereof or municipal circuit trial courts under Section 8.
Upon establishment of a new province or city, prosecutor position items in the mother province in excess of the new equivalent based on court-branch ratios must be transferred automatically to the new province or city under Section 8.
When all or almost all regional trial court branches are seated in the city, the number of prosecutors for the city must be proportional to the territorial jurisdiction covered by those court branches under Section 8.
If a province is reverted to the mother province or a city is reconverted into a municipality, all prosecution position items must go to the Office of the Provincial Prosecutor of the mother province under Section 8, and the position titles provincial prosecutor or city prosecutor for the former province or city must be changed to Assistant Provincial Prosecutor or Associate City Prosecutor as the case may be, with corresponding rank under Section 8 and Section 15.
When exigencies of service so require, a province or city may create positions for special counsels whose salaries and emoluments come exclusively from local funds under Section 8.

Provincial and city prosecutors: duties

The Provincial Prosecutor or City Prosecutor must be the law officer of the province or city under Section 9.
The Provincial or City Prosecutor must investigate and/or cause the investigation of all charges of crimes, misdemeanors, and violations of penal laws and ordinances within jurisdiction, and must prepare or make the necessary information or complaint and file it against accused persons under Section 9.
In conducting investigations, the Provincial or City Prosecutor and/or assistants must receive statements under oath or take oral evidence of witnesses and may summon witnesses to appear and testify under oath; attendance or evidence of an absent or recalcitrant witness must be enforced by application to any trial court under Section 9.
The Provincial or City Prosecutor must have charge of prosecution of all crimes, misdemeanors, and violations of city or municipal ordinances in the courts of the province or city and discharge duties incident to institution of criminal actions, subject to Section 5 under Section 9.

Number of prosecutors by province and city

The Act fixes the number of provincial prosecutor offices by province under Section 10, including each province’s:
- one (1) Provincial Prosecutor
- and specified numbers of Deputy Provincial Prosecutors, Senior Assistant Provincial Prosecutors, and Assistant Provincial Prosecutors under Section 10.
After approval of the Act, each province must have one (1) deputy provincial prosecutor for every twenty-five (25) prosecutors or a fraction thereof under Section 10, and when the office has more than one deputy, the incumbent deputy provincial prosecutor first appointed is called senior deputy provincial prosecutor under Section 10.
The Act fixes the number of city prosecutor offices by city under Section 11, including each city’s:
- one (1) City Prosecutor
- and specified numbers of Deputy City Prosecutors, Senior Assistant City Prosecutors, Assistant City Prosecutors, and where applicable Associate City Prosecutors under Section 11.
After approval of the Act, each city must have one (1) deputy city prosecutor for every twenty-five (25) prosecutors or a fraction thereof under Section 11, and when the office has more than one deputy, the incumbent deputy city prosecutor first appointed is called senior deputy city prosecutor under Section 11.

Realignment, automatic positions, and court sharing

Upon approval of the Act, the Prosecutor General must transfer vacant excess position items of prosecutors to the cities within the province, or the province from which the cities used to be municipalities, or to other cities within the province under Section 12.
If position items are occupied, those occupied position items must be transferred as soon as they become vacant or when the incumbent prosecutors consent under Section 12.
When new cities or provinces are created and court branch seats are realigned or redistributed, the Secretary of Justice must correspondingly realign position items of prosecutors to the new cities or provinces from the provinces where the cities are located or the provinces used to be part under Section 12, without prejudice to Section 8 under Section 12.
If regional trial court branches seated at a city stop collectively trying criminal cases filed by either provincial or city prosecutors and instead divide into branches where each office’s cases are exclusively handled, the Secretary of Justice must also realign affected prosecutor position items under Section 12.
Whenever new courts or branches are created, positions of assistant and associate prosecutors must be automatically created for the province or city where the courts/branches are seated in the number determined under Section 8 under Section 13.
If regional trial court branches are seated at a city outside a metropolitan area established by law, positions must be distributed between the city and the province according to territorial jurisdiction covered by such branch under Section 13.
If the created branches are regional trial courts, then not less than one-half (1/2) of the corresponding prosecutors must have the rank of Prosecutor III if the province or city has at least twenty-five (25) prosecutors, including additional, or if the city is in a metropolitan area established by law, and the rest must be Prosecutor II; otherwise, the positions may have ranks of Prosecutor II and Prosecutor I under Section 13.

Prosecutor general and rank system

The Prosecutor General has the same:
- qualifications for appointment, rank, category, prerogatives;
- salary grade and salaries, allowances, emoluments and other privileges;
- inhibitions and disqualifications; and
- retirement and other benefits
  as those of the Presiding Justice of the Court of Appeals, and the Prosecutor General is appointed by the President under Section 14.
Prosecutors in the National Prosecution Service are organized into ranks under Section 15:
- Prosecutor V: Senior Deputy State Prosecutors; Regional Prosecutors; and Provincial Prosecutors/City Prosecutors of provinces or cities with at least twenty-five (25) prosecutors, and City Prosecutors of cities within a metropolitan area established by law.
- Prosecutor IV: Deputy State Prosecutors; Deputy Regional Prosecutors; Provincial Prosecutors/City Prosecutors of provinces or cities with less than twenty-five (25) prosecutors; and Deputy Provincial/Deputy City Prosecutors of provinces or cities with at least twenty-five (25) prosecutors, and Deputy City Prosecutors of cities within a metropolitan area established by law.
- Prosecutor III: Senior Assistant State Prosecutors and Senior Assistant Regional Prosecutors; Deputy Provincial/Deputy City Prosecutors of provinces or cities with less than twenty-five (25) prosecutors; and Senior Assistant Provincial/Senior Assistant City Prosecutors.
- Prosecutor II: Assistant State Prosecutors; Assistant Regional Prosecutors; and Assistant Provincial/Assistant City Prosecutors.
- Prosecutor I: Associate Provincial Prosecutors or Associate City Prosecutors.
Whenever a province has at least twenty-five (25) prosecutors or a city becomes part of a metropolitan area established by law, each level of prosecution position items in the Provincial or City Prosecutor’s Office must be automatically upgraded one rank higher, with corresponding position titles under Section 15.

Qualifications, appointment terms, and pay sources

Prosecutors with Prosecutor V rank have the same qualifications and benefits as an Associate Justice of the Court of Appeals under Section 16; Prosecutors with Prosecutor IV rank have the same as a Judge of the Regional Trial Court; Prosecutors with Prosecutor III rank have the same as a Judge of the Metropolitan Trial Court; Prosecutors with Prosecutor II rank have the same as a Judge of the Municipal Trial Court in cities; and Prosecutors with Prosecutor I rank have the same as a Judge of the Municipal Trial Court in municipalities under Section 16.
Any increase after approval of the Act in salaries, allowances, or retirement benefits, or upgrading of judges’ grades referenced in Section 16, applies to the corresponding prosecutors under Section 16.
Prosecutors must be selected from qualified and professionally trained members of the legal profession with proven integrity and competence under Section 16.
Prosecutors are appointed by the President upon recommendation of the Secretary of Justice under Section 16.
Prosecutors serve until they reach age sixty-five (65) years old under Section 16.
For purposes of applying retirement laws for judges to prosecutors, the ages of seventy (70) years and sixty-five (65) years and the years of service twenty (20) years under Republic Act No. 910, as amended, and other retirement laws for judges, must be understood as sixty-five (65) years, sixty (60) years, and fifteen (15) years, respectively, when applied to prosecutors under Section 16.
A prosecution attorney or special counsel must be a member of the bar in good standing and must receive a salary under Salary Grade 25; such appointment is by the Secretary of Justice under Section 16.
Special counsel appointment is upon recommendation of the provincial governor or city mayor and endorsement of the provincial prosecutor or city prosecutor under Section 16.
Subject to Section 20, salaries and allowances of regional, provincial and city prosecutors and their assistants, and members of the prosecution staff including prosecution attorneys, must be paid entirely out of national funds and included in DOJ annual appropriations under Section 16.
Allowances granted by respective local governments may be given up to an amount not exceeding fifty percent (50%) of basic salaries under Section 16.
The whole of the allowances or portion thereof, whether granted by national or local government, must be exempt from income tax under Section 16.
The salary, allowance, and emoluments fixed under Section 16 do not apply to officers other than prosecutors in the National Prosecution Service, notwithstanding any law assimilating salaries of other officers under Section 16.

Continuity, protection against demotion, tenure security

Prosecuting officers in the present prosecution staff must continue in office upon approval of the Act under Section 17.
The position titles Chief State Prosecutor and Assistant Chief State Prosecutor are renamed Prosecutor General and Senior Deputy State Prosecutor under Section 17.
Prosecutors in the existing prosecution staff with ranks Prosecutor III and Prosecutor II must be renamed as Senior Assistant State Prosecutors and Assistant State Prosecutors, respectively, under Section 17.
Existing regional, provincial, and city prosecution offices established under prior law must be retained and renamed Regional Prosecution Office, Office of the Provincial Prosecutor, or Office of the City Prosecutor under Section 17.
Regional, provincial, and city prosecutors and their assistants must continue in office to discharge their functions under Section 17.
Assistant prosecutors with ranks Prosecutor IV, Prosecutor III, Prosecutor II, and Prosecutor I must be known by the position titles in Section 15 under Section 17.
In provinces or cities with at least twenty-five (25) prosecutors and in cities within a metropolitan area established by law, assistant prosecutors with rank Prosecutor I before enactment must be upgraded to Prosecutor II upon approval of the Act and must bear the title Assistant Provincial Prosecutor or Assistant City Prosecutor under Section 17.
Nothing in the Act may demote a prosecutor or diminish salary under Section 18.
If incumbent prosecutors are not accommodated by allocated position items, excess incumbents must continue in service until accommodated, transferred, or separated under Section 18.
Nothing in the Act may allow transfer of a prosecutor except as provided in the Act or for temporary assignment as public interest requires, and nothing may undermine the security of tenure of incumbent prosecutors under laws under Section 19.
Temporary assignments must not exceed three (3) months without the prosecutor’s written consent under Section 19.
A Provincial Prosecutor or City Prosecutor may not be detailed or assigned to another office or station except in a concurrent capacity and with written consent under Section 19.

Special allowances and retirement benefits rules

Special allowances granted to members of the National Prosecution Service under Republic Act No. 9279 must continue, subject to Section 20 under Section 20.
Any amount not supported by the funding source specified in Section 3 of Republic Act No. 9279 to complete the equivalent of one hundred percent (100%) of basic salary must be paid through appropriations included in DOJ budget under Section 20.
When the amount supported by the funding source specified in Section 3 of Republic Act No. 9279 has also been included in the General Appropriations, authorized fees under that Section 3 must no longer be collected under Section 20.
A prosecutor who rendered at least fifteen (15) years in the National Prosecution Service or in any branch of government (or both) and retires at age sixty-five (65) years or resigns due to incapacity to discharge duties must, during the residue of natural life, receive a retirement pension based on:
- the highest monthly salary, plus
- the highest monthly aggregate of transportation, living and representation allowances received at retirement or resignation under Section 21.
A prosecutor who attains age sixty (60) years and has rendered at least fifteen (15) years in government, with the last five (5) years continuously rendered in the prosecution service, must receive the same benefits during the residue of natural life under Section 21.
Prosecutors with less than fifteen (15) years service are entitled to a pro-rata pension, computed using:
- Basic Pay Plus the Highest Monthly Aggregate of Transportation, Living and Representation Allowances,
- multiplied by the fraction (No. of Years in Government) / 15 Years under Section 21.
While receiving pension, no prosecutor may appear as counsel before any judicial or quasi-judicial agency in any civil case where government or any agency/subdivision/instrumentality is an adverse party, or in any criminal case where a government officer or employee is accused of an offense committed in relation to office, or collect any fee for appearance in administrative proceedings to maintain an adverse interest to the government under Section 22.
When a prosecutor covered by the Act assumes an elective public office, the prosecutor must not, upon assumption and during the term, receive the monthly pension or any allowance due him/her under Section 22.
All pension benefits of retired prosecutors of the National Prosecution Service must be automatically increased whenever there is an increase in the salary and allowance of the same position from which the prosecutor retired under Section 23.
Benefits mentioned in Sections 14 and 16 must be granted to those who retired prior to the effectivity of the Act under Section 24.
All benefits previously extended under Republic Act No. 910, as amended, and other benefits extended by way of amendment to it must likewise be given to prosecutors covered by this Act under Section 25.

Appropriations and organizational funding

The Act appropriates initially Fifty million pesos (P50,000,000.00) from the National Treasury not otherwise appropriated for the organization and operational expenses of the Office of the Prosecutor General for a period of one (1) year from effectivity, and the amount must be added to the DOJ annual budget under Section 26.

Repeal, separability, and effectivity

All laws, decrees, executive orders, letters of instruction, regulations, or any part inconsistent with any provision of the Act are repealed and/or modified accordingly under Section 27.
If any section or provision is declared unconstitutional or invalid, the remaining sections or provisions continue in full force and effect under Section 28.
The Act takes effect after fifteen (15) days following publication in at least two (2) newspapers of general circulation or in the Official Gazette under Section 29.