AN ACT GRANTING ADDITIONAL COMPENSATION IN THE FORM OF SPECIAL ALLOWANCES FOR THE MEMBERS OF THE NATIONAL PROSECUTION SERVICE AND THE STATE COUNSELS IN THE DEPARTMENT OF JUSTICE

Case Overview and Summary

Summary of Republic Act No. 9279

Declaration of Policy (Section 1):
- The State aims to maintain a roster of qualified, committed, and efficient government prosecutors, prosecution attorneys, state counsels, and undersecretaries with direct supervision over them in the Department of Justice (DOJ) by providing incentives commensurate to their positions and functions.

Grant of Special Allowances (Section 2):
- All members of the National Prosecution Service, the Office of the Chief State Counsel, and the undersecretaries with direct supervision over prosecutors and state counsels in the DOJ shall be granted special allowances.
- The amount of the special allowances shall be determined by the Secretary of the Department of Budget and Management (DBM) and the Secretary of Justice.
- The special allowance shall not exceed 100% of the basic salary of the prosecutors, state counsels, and undersecretaries concerned, as provided in Republic Act No. 6758 (Salary Standardization Law).

Funding Source (Section 3):
- The amount necessary to implement the special allowances shall be sourced from the collections of the National Prosecution Service and the Office of the Chief State Counsel from any increase in fees or new fees that they are authorized to assess for various services rendered.
- These collections shall be deposited as a Special Trust Fund, administered by the Secretary of Justice, for the benefit of the members of the National Prosecution Service, the Office of the Chief State Counsel, and the undersecretaries concerned.

Effects of Subsequent Salary Increases (Section 4):
- Upon implementation of any subsequent increases in the salary rates provided under Republic Act No. 6758, all special allowances granted under this Act shall be considered as an implementation of the said salary increases.
- The special allowance equivalent to the increase in the basic salary shall be converted as part of the basic salary, funded from the regular appropriations of the DOJ.
- Any excess in the allowances not converted as basic salary shall continue to be granted as such and funded under Section 3.

Implementing Rules and Regulations (Section 5):
- The DBM and the DOJ shall issue the necessary rules and regulations for the effective implementation of this Act not later than 90 days from approval.

Repealing Clause (Section 6):
- All laws, decrees, orders, rules, and regulations or parts thereof which are inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Separability Clause (Section 7):
- If any provision of this Act is declared invalid or unconstitutional, the provisions not affected thereby shall continue to be in full force and effect.

Effectivity Clause (Section 8):
- This Act shall take effect 15 days after its publication in at least two national newspapers of general circulation.