Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro ManilaFourteenth Congress
Third Regular SessionBegun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine.
Republic Act No. 10071
AN ACT STRENGTHENING AND RATIONALIZED THE NATIONAL PROSECUTION SERVICE
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Title. - This Act shall be known as the "Prosecution Service Act of 2010."
Section 2. Scope. - The constituent offices herein covered shall include the Prosecution Staff and the Regional, Provincial and City Prosecution Offices under the Secretary of Justice, that compose the National Prosecution Service as created and established in the succeeding sections.
Section 3. Creation of the National Prosecution Service. - There is hereby created and established a National Prosecution Service to be composed of the prosecution staff in the Office of the Secretary of Justice and such number of regional prosecution offices, offices of the provincial prosecutor and offices of the prosecutor as are hereinafter Provided, which shall be primarily...
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Republic Acts
AN ACT STRENGTHENING AND RATIONALIZING THE NATIONAL PROSECUTION SERVICE
Republic Act No. 10071
Summary of Republic Act No. 10071 (Prosecution Service Act of 2010)
Creation of the National Prosecution Service
• Creates the National Prosecution Service composed of the prosecution staff in the Office of the Secretary of Justice, regional prosecution offices, offices of the provincial prosecutor, and offices of the city prosecutor. (Section 3)
• Responsible for the preliminary investigation and prosecution of all cases involving violations of penal laws under the supervision of the Secretary of Justice. (Section 3)
Powers of the Secretary of Justice
• Authority to act directly on any matter involving national security or probable miscarriage of justice within the jurisdiction of the prosecution staff, regional prosecution offices, provincial prosecutors, and city prosecutors. (Section 4)
• Power to review, reverse, revise, modify or affirm final judgments and orders of the Prosecutor General, regional prosecutors, provincial prosecutors, and city prosecutors. (Section 4)
The Prosecution Staff and its Functions
• Headed by a Prosecutor General and composed of Senior Deputy State Prosecutors, Deputy State Prosecutors, Senior Assistant State Prosecutors, Assistant State Prosecutors, and Prosecution Attorneys. (Section 5)
• Functions include assisting the Secretary of Justice, conducting preliminary investigations and prosecutions in certain cases, acting as counsel for the People of the Philippines, investigating administrative charges against prosecutors, preparing legal opinions, and monitoring criminal cases. (Section 5)
Regional Prosecution Offices
• Established in each administrative region, except the National Capital Region (NCR), headed by a Regional Prosecutor. (Section 6)
• Powers and functions include implementing policies, exercising administrative supervision over provincial and city prosecutors, prosecuting cases within the region, resolving appeals or petitions for review in certain cases, and administrative matters. (Section 7)
Provincial Prosecutors and City Prosecutors
• Established for each province and city, headed by a Provincial Prosecutor or City Prosecutor, respectively. (Section 8)
• Powers and functions include investigating and prosecuting criminal cases within their jurisdiction, receiving statements under oath, and summoning witnesses. (Section 9)
• Specific number of prosecutors for each province and city is provided in Sections 10 and 11.
Realignment of Position Items and Automatic Creation of Positions
• Allows for the transfer of vacant excess position items of prosecutors to cities within the province or to other cities or provinces. (Section 12)
• Requires the realignment of position items when new cities or provinces are created or court branch seats are redistributed. (Section 12)
• Automatically creates positions of assistant and associate prosecutors whenever new courts or branches are created, based on a specified ratio. (Section 13)
Qualifications, Ranks, and Appointments of Prosecutors
• Outlines the qualifications, ranks, categories, prerogatives, salary grades, salaries, allowances, emoluments, privileges, inhibitions, disqualifications, and retirement benefits for prosecutors at different ranks, assimilated to those of judges and justices. (Sections 14-16)
• Prosecutors are appointed by the President upon recommendation of the Secretary of Justice and serve until the age of 65, with some exceptions. (Section 16)
Continuation in Office, No Demotion or Diminution of Salary, and Security of Tenure
• Existing prosecuting officers continue in office to discharge their functions under the new Act, with position titles renamed accordingly. (Section 17)
• No demotion or diminution of salary for incumbent prosecutors. Excess incumbents continue in service until accommodated, transferred, or separated. (Section 18)
• Prohibits undermining the security of tenure of incumbent prosecutors, except for temporary assignments not exceeding 3 months without written consent. (Section 19)
Special Allowances and Retirement Benefits
• Continues the special allowances granted under Republic Act No. 9279, with provisions for funding sources. (Section 20)
• Outlines retirement pension calculations based on years of service, age, and highest monthly salary and allowances. (Section 21)
• Conditions for maintaining entitlement to the pension, including restrictions on appearing as counsel against the government. (Section 22)
• Automatic increase in pension benefits whenever there is an increase in salary and allowance of the same position. (Section 23)
• Retroactive application of benefits to those who retired prior to the Act's effectivity. (Section 24)
• Applicability of other benefits extended under Republic Act No. 910 and its amendments. (Section 25)
Appropriation and Repealing/Separability Clauses
• Appropriates an initial sum of ₱50,000,000 from the National Treasury for the organization and operational expenses of the Office of the Prosecutor General for one year. (Section 26)
• Repeals or modifies inconsistent laws, decrees, executive orders, and regulations. (Section 27)
• Separability clause to maintain the validity of other provisions if any part is declared unconstitutional or invalid. (Section 28)
• Effectivity clause stating the Act takes effect 15 days after publication in at least two newspapers of general circulation or the Official Gazette. (Section 29)
Creation of the National Prosecution Service
• Creates the National Prosecution Service composed of the prosecution staff in the Office of the Secretary of Justice, regional prosecution offices, offices of the provincial prosecutor, and offices of the city prosecutor. (Section 3)
• Responsible for the preliminary investigation and prosecution of all cases involving violations of penal laws under the supervision of the Secretary of Justice. (Section 3)
Powers of the Secretary of Justice
• Authority to act directly on any matter involving national security or probable miscarriage of justice within the jurisdiction of the prosecution staff, regional prosecution offices, provincial prosecutors, and city prosecutors. (Section 4)
• Power to review, reverse, revise, modify or affirm final judgments and orders of the Prosecutor General, regional prosecutors, provincial prosecutors, and city prosecutors. (Section 4)
The Prosecution Staff and its Functions
• Headed by a Prosecutor General and composed of Senior Deputy State Prosecutors, Deputy State Prosecutors, Senior Assistant State Prosecutors, Assistant State Prosecutors, and Prosecution Attorneys. (Section 5)
• Functions include assisting the Secretary of Justice, conducting preliminary investigations and prosecutions in certain cases, acting as counsel for the People of the Philippines, investigating administrative charges against prosecutors, preparing legal opinions, and monitoring criminal cases. (Section 5)
Regional Prosecution Offices
• Established in each administrative region, except the National Capital Region (NCR), headed by a Regional Prosecutor. (Section 6)
• Powers and functions include implementing policies, exercising administrative supervision over provincial and city prosecutors, prosecuting cases within the region, resolving appeals or petitions for review in certain cases, and administrative matters. (Section 7)
Provincial Prosecutors and City Prosecutors
• Established for each province and city, headed by a Provincial Prosecutor or City Prosecutor, respectively. (Section 8)
• Powers and functions include investigating and prosecuting criminal cases within their jurisdiction, receiving statements under oath, and summoning witnesses. (Section 9)
• Specific number of prosecutors for each province and city is provided in Sections 10 and 11.
Realignment of Position Items and Automatic Creation of Positions
• Allows for the transfer of vacant excess position items of prosecutors to cities within the province or to other cities or provinces. (Section 12)
• Requires the realignment of position items when new cities or provinces are created or court branch seats are redistributed. (Section 12)
• Automatically creates positions of assistant and associate prosecutors whenever new courts or branches are created, based on a specified ratio. (Section 13)
Qualifications, Ranks, and Appointments of Prosecutors
• Outlines the qualifications, ranks, categories, prerogatives, salary grades, salaries, allowances, emoluments, privileges, inhibitions, disqualifications, and retirement benefits for prosecutors at different ranks, assimilated to those of judges and justices. (Sections 14-16)
• Prosecutors are appointed by the President upon recommendation of the Secretary of Justice and serve until the age of 65, with some exceptions. (Section 16)
Continuation in Office, No Demotion or Diminution of Salary, and Security of Tenure
• Existing prosecuting officers continue in office to discharge their functions under the new Act, with position titles renamed accordingly. (Section 17)
• No demotion or diminution of salary for incumbent prosecutors. Excess incumbents continue in service until accommodated, transferred, or separated. (Section 18)
• Prohibits undermining the security of tenure of incumbent prosecutors, except for temporary assignments not exceeding 3 months without written consent. (Section 19)
Special Allowances and Retirement Benefits
• Continues the special allowances granted under Republic Act No. 9279, with provisions for funding sources. (Section 20)
• Outlines retirement pension calculations based on years of service, age, and highest monthly salary and allowances. (Section 21)
• Conditions for maintaining entitlement to the pension, including restrictions on appearing as counsel against the government. (Section 22)
• Automatic increase in pension benefits whenever there is an increase in salary and allowance of the same position. (Section 23)
• Retroactive application of benefits to those who retired prior to the Act's effectivity. (Section 24)
• Applicability of other benefits extended under Republic Act No. 910 and its amendments. (Section 25)
Appropriation and Repealing/Separability Clauses
• Appropriates an initial sum of ₱50,000,000 from the National Treasury for the organization and operational expenses of the Office of the Prosecutor General for one year. (Section 26)
• Repeals or modifies inconsistent laws, decrees, executive orders, and regulations. (Section 27)
• Separability clause to maintain the validity of other provisions if any part is declared unconstitutional or invalid. (Section 28)
• Effectivity clause stating the Act takes effect 15 days after publication in at least two newspapers of general circulation or the Official Gazette. (Section 29)