Reorganizing The Prosecution Staff Of The Department Of Justice And The Offices Of The Provincial And City Fiscals, Regionalizing The Prosecution Service, And Creating The National Prosecut

Case Overview and Summary

Summary of Presidential Decree No. 1275

Creation of the National Prosecution Service
- A National Prosecution Service is created under the supervision and control of the Secretary of Justice. (Section 1)
- It consists of the Prosecution Staff in the Office of the Secretary of Justice, Regional State Prosecution Offices, and Provincial and City Fiscal's Offices.
- It is responsible for investigating and prosecuting violations of penal laws.

The Prosecution Staff
- Headed by a Chief State Prosecutor and three Assistant Chief State Prosecutors. (Section 3)
- Composed of various ranks of State Prosecutors and Prosecution Attorneys. (Section 4)
- Functions include investigating administrative charges against fiscals, conducting investigations and prosecutions, providing legal opinions, and reviewing appeals. (Section 2)
- Qualifications and appointments are specified. (Section 3)
- Salaries are to be approved by the President upon recommendation of the Budget Commissioner. (Section 5)

Regional State Prosecution Offices
- Established in 12 regions with specified coverage areas. (Section 6)
- Each office is headed by a Regional State Prosecutor and an Assistant Regional State Prosecutor, with three State Prosecutors. (Section 7)
- Qualifications, appointments, and salaries are specified. (Section 7)
- Functions include implementing policies, supervising provincial and city fiscals, prosecuting cases, administrative matters, and coordinating with other agencies. (Section 8)

Offices of Provincial Fiscals and City Fiscals
- Each province and city shall have a fiscal and specified number of assistant fiscals. (Sections 9, 12, 13)
- Qualifications and appointments are specified. (Section 10)
- Duties and functions include prosecuting crimes, investigating charges, providing legal advice, and assisting the Solicitor General when deputized. (Section 11)
- Salaries are to be approved by the President upon recommendation of the Budget Commissioner and paid from national funds, with allowances from local governments permitted. (Section 14)
- Provisions for creating positions of Special Counsels to assist fiscals. (Section 15)
- Office spaces and maintenance expenses to be provided by provincial and city governments. (Section 16)

Transitory Provisions
- Existing prosecution offices and positions are abolished upon implementation. (Section 17)
- Incumbents shall continue in office until new appointments are made, with provisions for salary protection and gratuity payments. (Sections 18, 19)

Appropriation and Repealing Clause
- An initial appropriation of ₱31,500,000 is provided for the National Prosecution Service. (Section 20)
- Inconsistent laws, decrees, and regulations are repealed or modified. (Section 21)

Separability Clause and Effectivity
- If any part is declared unconstitutional, the remaining provisions shall remain in force. (Section 22)
- The Decree takes effect immediately. (Section 23)