fourteenth congress of the republic 1 -- first regular ….pdf · 2007-09-18 · or the rules of...

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FOURTEENTH CONGRESS OF THE REPUBLIC ) -- , .. 1 { ;..? ..ij .8

OF THE PHILIPPINES First Regular Session 1

Introduced by Senator Juan Ponce Enrile

EXPLANATORY NOTE

A government should be under the rule of law and not of men. To maintain peaceful governance under the rule of law, the state should have an effective justice system, which includes, among other elements, an impartial tribunal, ready representation for the accused, and a competent prosecuting arm on behalf of the state and its people.

I n our country, the National Prosecution Service (NPS) is the prosecution arm of the Department of Justice (DOJ). I ts members, the public prosecutors, are the ones who stand before our Courts of Justice to represent the People and the aggrieved in a criminal case. Therefore, for better service of criminal justice, public prosecutors must be of certain caliber to better meet the expectations of the People and the wronged individuals whose rights they represent.

Recruitment of good legal practitioners is not an easy task for the DOJ, due to several factors. A public prosecutor has a heavy workload, composed not only of criminal cases but also of family law cases which they handle as deputized by and on behalf of the Office of the Solicitor General. Moreover, it is a fact that government service is not as lucrative as private practice. But to aggravate this deterrent, prosecutors face a greater risk to their persons and their family whenever they are given sensitive and controversial cases, as he or she, in the effort of protecting the cause of the complainant and the people, may suffer the ire of the defendant.

In the past three years, the DO1 was said to fill up more than 200 vacant positions in the NPS in order to cope with the deluge of cases averaging around 400,000 per year. However, it was said that the NPS still needs more than 600 prosecutors and about 150 support staff in order to be more effective in their duties.

Sheer strength in numbers is not sufficient in order to have a competent prosecuting arm. It is also important that there is an efficient organization which houses the worthy individuals chosen as public prosecutors. It is for this purpose that this Bill is presented - t o improve the quantity and quality of recruitment in the National Prosecution Service by the creation of a Screening Board, and strengthen the organization by creating new positions, as well as realigning those positions that are already existing.

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This Bill seeks to be a tool to improve the speedy dispensation of justice in our country. I n view of the foregoing, the immediate passage of the Bill is earnestly sought.

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FOURTEENTH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) First Regular Session 1

I n t r o d u c e d by Senator Juan Ponce Enr i le

AN ACT AMENDING PRESIDENTIAL DECREE NUMBERED 1275, ENTITLED

"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 PROSECUTION SERVICE," AS AMENDED, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembJed.

SECTION 1. SECTION 1 of Presidential Decree No. 1275 is hereby amended to read

as follows:

SECTION 1. Creation of the National Prosecution Service; Supervision

and Control of the Secretary of Justice. - There is hereby created and

established a National Prosecution Service under the supervision and

control of the Secretary of Justice, to be composed of the Prosecution

Staff in the Office of the Secretary of Justice and such number of

Regional Prosecution Offices, [and Provincial and City Fiscal's Offices]

OFFICES OF THE PROVINCIAL PROSECUTOR AND OFFICES OF THE

CITY PROSECUTOR as are hereinafter provided, which shall be primarily

responsible for the investigation and prosecution of all cases involving

violations of penal laws.

The power of supervision and control vested in the Secretary of

Justice includes authority to act directly on any matter [within the

16 jurisdiction of the Prosecution Staff, the Regional State Prosecution

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Office or the Office of the Provincial or City Fiscal] INVOLVING

NATIONAL SECURITY OR TO AVOID A MISCARRIAGE OF JUSTICE, and

to review, REVISE, modify or [revoke any decision or action of the Chief

of said staff or office] AFFIRM ON PETlTION FOR REVIEW AS THE LAW

OR THE RULES OF THE DEPARTMENT OF JUSTICE MAY PROVIDE,

FINAL RESOLUTIONS OF THE CHIEF STATE PROSECUTOR, REGIONAL

STATE PROSECUTOR, PROVINCIAL PROSECUTOR AND CITY

PROSECUTOR.

SEC. 2. SECTION 3 of Presidential Decree No. 1275 is hereby amended to read as

follows:

SEC. 3. The Prosecution Staff [; Organization, Qualifications,

Appointment]. - The Prosecution Staff shall be [composed of prosecuting

officers in such number as hereinbelow determined. It shall be] headed

by a Chief State Prosecutor who shall be assisted by [three Assistants

Chief State Prosecutors] THE FOLLOWING:

(A) FIVE (5) DEPUTY CHIEF STATE PROSECUTORS

(B) TWENTY (20) SENIOR ASSOCIATE STATE PROSECUTORS

(C) TWENTY (20) ASSOCIATE STATE PROSECUTORS

(D) NINETY (90) SENIOR ASSISTANT STATE PROSECUTORS

(E) TEN (10) PROSECUTOR AlTORNEYS

The Chief State Prosecutor, the [three Assistants Chief State Prosecutors;]

DEPUTY CHIEF STATE PROSECUTORS; SENIOR ASSOCIATION STATE

PROSECUTORS, ASSOCIATE STATE PROSECUTORS, SENIOR STATE

PROSECUTORS, PROSECUTION AlTORNEYS and the members of the

Prosecution Staff shall be selected from among qualified and

professionally trained members of the legal profession who are of proven

integrity and competence and have been in the actual practice of the legal

profession for at least five (5) years prior to their appointment or have

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held during like period[,] any position requiring the qualifications of a

lawyer.

They shall be appointed by the President of the Philippines upon

recommendation o f the Secretary of Justice.

SEC. 3. Section 4 of Presidential Decree No. 1275 is hereby deleted and, in lieu

thereof, a new Section 4 shall be inserted to read as follows:

SEC. 4, [Prosecution Staff: Composition and Salaries. The composition of

the Prosecution Staff shall be as follows:

One Chief State Prosecutor

Three Assistant Chief State Prosecutors

Six Senior State Prosecutors

Six Senior State Prosecutors

Six State Prosecutors



Ten State Prosecutors

Ten State Prosecutors




In addition, there shall be in the Office of the Secretary of Justice, six

Prosecution Attorneys, who shall be members o f the bar, to be appointed

by the Secretary of Justice, and who shall assist the Prosecution Staff in

the performance of its functions as hereinabove provided.] SCREENING

BOARD. - THE CHIEF STATE PROSECUTOR AND DEPUTY CHIEF STATE

PROSECUTORS SHALL ACT AS A BOARD TO SCREEN APPLICANTS FOR

APPOINTMENT OR PROMOTION TO ANY PROSECUTORIAL POSITION I N

THE NATIONAL PROSECUTION SERVICE. THE REGIONAL PROSECUTOR,

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PROVINCIAL PROSECUTOR OR CITY PROSECUTOR SHALL SIT AS A

MEMBER OF THE BOARD WHENEVER IT CONSIDERS APPLICANTS FOR

POSITIONS I N HIS OFFICE. THE CHIEF STATE PROSECUTOR SHALL BE

THE CHAIRPERSON OF THE BOARD.

SEC. 4. SECTION 5 of Presidential Decree No. 1275 is hereby deleted.


follows:

SEC. 6. Regional [State] Prosecution Office [: Regions. There shall be an

office to be known as the Regional Prosecution Office in each of the

following regions:

Region I

Region I1

Region 111

Region IV-A

Region V

Region V I

Center

Area

Center

Area

Center

Area

Center

Area

Center

Area

Center

Area

San Fernando, La Union

Abra, Benguet, Ilocos Norte, Ilocos Sur, La Union, Mt. Province,

Pangasinan and the cities of Baguio, DAgupan, Laoag and San

Carlos

Tuguegarao, Cagayan

Batanes, Cagayan, Ifugao, Isabela, Kalinga-Apayao, Nueva

Viscaya and Quirino

San Fernando, Pampanga

Bataan, Bulacan, Nueva Ecija, Pampanga, Tarlac, Zambales and

the cities of Angeles, Cabanatuan, Olongapo, Palayan and San

lose

Pasig, Metro Manila

Batangas, Cavite, Laguna, Marinduque, Mindoro Occidental,

Mindoro occidental, Palawan, Quezon, Rizal, Rombion, Aurora

Sub-province and the cities of Batangas, Cavite, Lipa, Lucena,

Puerto Princesa, San Pablo, Tagaytay and Trece Martires

Legaspi City

Albay, Camarines Sur, Carnarines Norte, Catanduanes, Masbate,

Sorsogon and the cities of Legaspi, Naga and Iriga

Iloilo city

Aklan, Antique, Capiz, Iloilo, Negros Occidental and the cities of

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Region VI1

Region VI11

Region IX-A

Region IX-B

Region X

Region X I

Region XI1

Center

Area

Center

Area

Center

Area

Center

Area

Center

Area

Center

Area

Center

Area

Bacolod, Bago, Cadiz, Iloilo, La Carlota, Roxas, San Carlos and

Silay

Cebu City

Bohol, Cebu, Negros Oriental, Siquijor and the cities of Bais,

Canlaon, Cebu, Danao, Dumaguete, Lapu-Lapu, Mandaue,

Tagbilaran and Toledo

Tacloban City

Eastern Samar, Leyte, Northern Samar, Southern Leyte,

Western Samar, Biliran, Sub-province nd the cities of Calbayog,

Ormoc and Tacloban

Jolo

Basiian, Sulu and Tawi-tawi

Zamboanga City

Zamboanga del Norte and Zamboanga del Sur and the cities of

Dapitan, Dipolog, Pagaidan and Zamboanga

Cagayan de Oro City

Agusan del Norte, Agusan del Sur, Bukidnon, Camiguin, Misamis

Occidental, Misamis Oriental, Surigao del Norte, and the cities of

Butuan, Cagayan de Oro, Guingoog, Ozamis, Oroquieta, Surigao

and Tangub

Davao City

Davao del Norte, Davao Oriental, Davao del Sur, South

Cotabato, Surigao del Sur and the cities of Davao and General

Santos

Cotabato City

Lanao del Norte, Lanaao del Sur, Maguindanao, North Cotabato,

Sultan Kudarat and the cities of Cotabato, Iligan and Marawi

For purposes of this regionalization, Region IV comprising the cities of

Manila, Quezon, Pasay and Caloocan, as well as all the municipalities

comprised within the Metropolitan Manila Area under P.D. No. 824, shall

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be placed directly under the administrative supervision of the Chief State

Prosecutor.]

THERE SHALL BE AT EACH ADMINISTRATIVE REGION, EXCEPT

THE NATIONAL CAPITAL REGION, A REGIONAL PROSECUTION OFFICE

TO BE HEADED BY A REGIONAL PROSECUTOR WHO SHALL BE ASSISTED

BY A DEPUTY REGIONAL PROSECUTOR, ONE ASSOCIATE REGIONAL

PROSECUTOR AND THREE SENIOR ASSISTANT PROSECUTORS.

FOR PURPOSES OF THIS REGIONALIZATION, THE NATIONAL

CAPITAL REGION SHALL BE PLACED DIRECTLY UNDER THE

ADMINISTRATIVE SUPERVISION OF THE CHIEF STATE PROSECUTOR.



follows:

SEC. 9. Office o f the Provincial [Fiscals] PROSECUTOR [and] OR City

[Fiscals] PROSECUTOR [; Staffing]. - [There shall be in each province and

each sub-province; one provincial fiscal and such number of assistant

provincial fiscals as may hereinafter be provided for.

There shall be in each city fiscal and such number of assistant city

fiscals as may hereinafter be provided.] THERE SHALL BE AT EACH

PROVINCE OR CITY A PROVINCIAL PROSECUTOR OR CITY PROSECUTOR,

AS THE CASE MAY BE, WHO SHALL BE ASSISTED BY AT LEAST ONE

DEPUTY PROVINCIAL PROSECUTOR OR DEPUTY CITY PROSECUTOR AND

SUCH NUMBER OF ASSOCIATE AND ASSISTANT PROSECUTORS AS

PROVIDED FOR HEREINAFTER: PROVIDED, HOWEVER, THAT WHENEVER

A NEW PROVINCE OR CITY IS CREATED, IT SHALL HAVE A PROVINCIAL

PROSECUTOR OR CITY PROSECUTOR, A DEPUTY PROVINCIAL

PROSECUTOR OR DEPUTY CITY PROSECUTOR AND SUCH NUMBER OF

ASSISTANT PROSECUTORS AS THERE ARE COURT BRANCHES THEREIN

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AT THE RATIO OF TWO PROSECUTORS FOR EVERY BRANCH OF

REGIONAL TRIAL COURT, ONE PROSECUTOR FOR EACH BRANCH OF

METROPOLITAN TRIAL COURT OR MUNICIPAL TRIAL COURT I N CITIES,

AND ONE PROSECUTOR FOR EVERY TWO MUNICIPAL TRIAL COURT IN

MUNICIPALITIES OR MUNICIPAL CIRCUIT TRIAL COURTS. THE

ASSISTANT PROSECUTORS FOR THE NEW PROVINCE OR CITY MAY BE

APPOINTED FROM QUALIFIED APPLICANTS, OR TAKEN FROM THE

OFFICE OF THE PROVINCIAL PROSECUTOR OR OFFICE OF THE CITY

PROSECUTOR OF THE MOTHER PROVINCE OR CITY, USING AS A BASIS

THE RATIO BETWEEN COURT BRANCHES AND PROSECUTORS

MENTIONED ABOVE: PROVIDED, FURTHER, THAT WHEN ALL OR

ALMOST ALL OF THE REGIONAL TRIAL COURT BRANCHES ARE SEATED

I N THE CITY, THE NUMBER OF PROSECUTORS FOR THE CITY SHALL BE

PROPORTIONAL TO THE TERRITORIAL JURISDICTION COVERED BY THE

COURTS .


SEC. 9. SECTION 12 of Presidential Decree No. 1275 is hereby amended to read

as follows:

SEC. 12. Offices of the Provincial [Fiscal] PROSECUTOR; [Their] Number

OF PROSECUTORS in Each Province[/Sub-Province]. -- There shall be in

each of the following provinces [and sub-provinces] the corresponding

number of provincial [fiscals] PROSECUTOR AND HIS DEPUTIES,

ASSOCIATES and [their] assistants:

[ (a)Riza I :

One Provincial Fiscal

One First Assistant

Ten Second Assistants

28 Ten Third Assistants

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Fourteen Fourth Assistants

Fourteen Assistants

(b) Cebu:


One First Assistant

Four Second Assistants

Four Third Assistants

Six Fourth Assistants

Eight Assistants

(c) Pangasinan:


One First Assistant

Three Second Assistants

Three Third Assistants


Seven Assistants

(d) Quezon:


One First Assistant

Two Second Assistants

Two Third Assistants

Four Fourth Assistants

Five Assistants

(e) Leyte; Negros Occidental:


One First Assistant



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(f) Bulacan; Nueva Ecija:


One First Assistant




(9) Iloilo:


One First Assistant


Five Third Assistants

(h) Pampanga; Batangas; Ilocos Norte; Ilocos Sur; Laguna; Albay; Davao

del Sur; Camarines Sur:


One First Assistant



(i) Cagayan; Isabela; Negros Oriental; La Union; Misamis Oriental; Cavite;

Zamboanga del Sur:


One First Assistant



(j) Benguet; Tarlac; Northern Samar; Bohol; Capiz; Zamboanga del Norte;

Palawan:


One First Assistant

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(k) Western Samar; Zambales; Sorsogon; Masbate; Surigao del Norte;

Surigao del Sur; Misamis Occidental; Camarines Norte; Aklan; Davao

Oriental; Eastern Samar; Bukidnon; Lanao del Norte; Nueva Vizcaya:


One First Assistant


(I) South Cotabato; Bataan; Antique; Agusan del Norte; Abra; North

Cotabato; Mindoro Oriental; Mindoro Occidental; Catanduanes; Kalinga

Apayao; Lanao del Sur; Southern Leyte; Maguindanao; Sulu:


One First Assistant

One Second Assistant

(m) Agusan del Sur; Romblon; Marinduque; Camiguin; Quirino;

Mountain Province; Ifugao; Siquijor; Batanes; Sultan Kudarat; Tawi-

Tawi; Basilan:


One First Assistant

(n) Sub-Provinces of Aurora; Biliran; Guimaras:


One First Assistant]

A) BULACAN: (46)

ONE PROVINCIAL PROSECUTOR

TWO DEPUTY PROVINCIAL PROSECUTORS

EIGHTEEN ASSOCIATE PROVINCIAL PROSECUTORS

TWENTY-FIVE SENIOR ASSISTANT PROVINCIAL PROSECUTORS

B) CAMARINES SUR: (42)

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SEVENTEEN ASSOCIATE PROVINCIAL PROSECUTORS

TWENTY-TWO SENIOR ASSISTANT PROVINCIAL PROSECUTORS

C) PANGASINAN: (36)



FOURTEEN ASSOCIATE PROVINCIAL PROSECUTORS

NINETEEN SENIOR ASSISTANT PROVINCIAL PROSECUTORS

D) LEYTE: (30)



TWELVE ASSOCIATE PROVINCIAL PROSECUTORS

FIFTEEN SENIOR ASSISTANT PROVINCIAL PROSECUTORS

E) CAGAYAN; CEBU: (28)


ONE DEPUTY PROVINCIAL PROSECUTOR

TWELVE SENIOR ASSISTANT PROVINCIAL PROSECUTORS

FOURTEEN ASSISTANT PROVINCIAL PROSECUTORS

F) RIZAL; LAGUNA, BATANGAS; QUEZON: (26)



ELEVEN SENIOR ASSISTANT PROVINCIAL PROSECUTORS

THIRTEEN ASSISTANT PROVINCIAL PROSECUTORS

G) NUEVA ECUA; ILOILO: (24)



TEN SENIOR ASSISTANT PROVINCIAL PROSECUTORS

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TWELVE ASSISTANT PROVINCIAL PROSECUTORS

H) CAVITE: (23)



NINE SENIOR ASSISTANT PROVINCIAL PROSECUTORS

TWELVE ASSISTANT PROVINCIAL PROSECUTORS

I) ISABELA; PAMPANGA; AKLAN: (22)



NINE SENIOR ASSISTANT PROVINCIAL PROSECUTORS

ELEVEN ASSISTANT PROVINCIAL PROSECUTORS

J) BOHOL: (21)



EIGHT SENIOR ASSISTANT PROVINCIAL PROSECUTORS

ELEVEN ASSISTANT PROVINCIAL PROSECUTORS

K) SAMAR: (20)



EIGHT SENIOR ASSISTANT PROVINCIAL PROSECUTORS

TEN ASSISTANT PROVINCIAL PROSECUTORS

L) NORTHERN SAMAR; EASTERN SAMAR: (19)



SEVEN SENIOR ASSISTANT PROVINCIAL PROSECUTORS

TEN ASSISTANT PROVINCIAL PROSECUTORS

M) LA UNION: (18)


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SEVEN SENIOR ASSISTANT PROVINCIAL PROSECUTORS

NINE ASSISTANT PROVINCIAL PROSECUTORS

ILOCOS SUR: (17)



SIX SENIOR ASSISTANT PROVINCIAL PROSECUTORS

NINE ASSISTANT PROVINCIAL PROSECUTORS

BENGUET; MISAMIS ORIENTAL; NEGROS ORIENTAL: (16)




EIGHT ASSISTANT PROVINCIAL PROSECUTORS

NUEVA VIZCAYA; CAMARINES NORTE: (15)




SEVEN ASSISTANT PROVINCIAL PROSECUTORS

ILOCOS NORTE; ANTIQUE; NORTH COTABATO;

LANAO DEL SUR: (14)




SIX ASSISTANT PROVINCIAL PROSECUTORS

MASBATE; NEGROS OCCIDENTAL; ZAMBOANGA DEL SUR;

LANAO DEL NORTE: (13)



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FIVE SENIOR ASSISTANT PROVINCIAL PROSECUTORS

SIX ASSISTANT PROVINCIAL PROSECUTORS

S) ABRA; SURIGAO DEL SUR; DAVAO ORIENTAL; SULU: (12)



FIVE SENIOR ASSISTANT PROVINCIAL PROSECUTORS

FIVE ASSISTANT PROVINCIAL PROSECUTORS

T) ZAMBALES; ORIENTAL MINDORO; ALBAY; SORSOGON; SOUTHERN

LEYTE; CAPIZ; ZAMBOANGA DEL NORTE; TAWI-TAWI: (1 1)



FOUR SENIOR ASSISTANT PROVINCIAL PROSECUTORS

FIVE ASSISTANT PROVINCIAL PROSECUTORS

U) TARLAC; OCCIDENTAL MINDORO; PALAWAN; SURIGAO DEL NORTE:

(10)



FOUR SENIOR ASSISTANT PROVINCIAL PROSECUTORS

FOUR ASSISTANT PROVINCIAL PROSECUTORS

V) BILIRAN; SULTAN KUDARAT: (9 )



THREE SENIOR ASSISTANT PROVINCIAL PROSECUTORS

FOUR ASSISTANT PROVINCIAL PROSECUTORS

W) IFUGAO; QUIRINO; BATAAN; ROMBLON; MISAMIS OCCIDENTAL;

AGUSAN DEL NORTE; CAMPOSTELA VALLEY: (8)



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THREE SENIOR ASSISTANT PROVINCIAL PROSECUTORS

THREE ASSISTANT PROVINCIAL PROSECUTORS

X) MT. PROVINCE; MARINDUQUE; CATANDUANES; BUKIDNON;

AGUSAN DEL SUR; SOUTH COTABATO; MAGUINDANAO: (7)



TWO SENIOR ASSISTANT PROVINCIAL PROSECUTORS

THREE ASSISTANT PROVINCIAL PROSECUTORS

Y) AURORA; DAVAO DEL SUR; SARANGANI: (6)



TWO SENIOR ASSISTANT PROVINCIAL PROSECUTORS

TWO ASSISTANT PROVINCIAL PROSECUTORS

9 ZAMBOANGA SIBUGAY; DAVAO DEL NORTE: (5)



ONE SENIOR ASSISTANT PROVINCIAL PROSECUTOR

TWO ASSISTANT PROVINCIAL PROSECUTORS

AA) BATANES; KALINGA; APAYAO; CAMIGUIN; BASILAN: (4)



ONE SENIOR ASSISTANT PROVINCIAL PROSECUTOR

ONE ASSISTANT PROVINCIAL PROSECUTOR

BB) GUIMARAS; SIQUIJOR; DINAGAT ISLAND; SHARIFF KABUNSUAN: (3)



ONE ASSISTANT PROVINCIAL PROSECUTOR

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AFTER THE APPROVAL OF THIS ACT, THERE SHALL BE AT EACH

PROVINCE ONE DEPUTY PROVINCIAL PROSECUTOR FOR EVERY

THIRTY PROSECUTORS OR A FRACTION THEREOF.

SEC. 10. Section 13 of Presidential Decree No. 1275 is hereby amended to read

as follows:

SEC. 13. Offices of the City [Fiscal] PROSECUTOR: [Their] Number OF

PROSECUTORS in Each City. There shall be in each o f the following cities

the corresponding number of city [fiscals] PROSECUTOR AND HIS

DEPUTIES, ASSOCIATES and [their] assistants:

[(A) Manila:

One City Fiscal

One First Assistant

Twenty-Four Second Assistants

Thirty Third Assistants

Thirty Fourth Assistants

Forty Assistants

(b) Quezon City:

One City Fiscal

One First Assistant

Twenty Two Second Assistants

Twenty Two Third Assistants

Twenty Two Fourth Assistants

Twenty Two Assistants

(c) Pasay City

One City Fiscal

One First Assistant

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Six Second Assistants

Six Third Assistants

Eight Fourth Assistants

Eight Assistants

(d) Caloocan City

One City Fiscal

One First Assistant

Five Second Assistants



Six Assistants

(e) Dagupan:

One City Fiscal

One First Assistant



Five Fourth Assistants

Five Assistants

(9 City of Cebu:

One City Fiscal

One First Assistant




(9) City of Davao:

One City Fiscal

One First Assistant


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(h) City of Iloilo:

One City Fiscal

One First Assistant



Five Fourth Assistants

(i) Olongapo:

One City Fiscal

One First Assistant




(j) Bacolod; Baguio:

One City Fiscal

One First Assistant




(k) Lucena:

One City Fiscal

One First Assistant



(I) San Pablo; Cabanatuan; Angeles; Legaspi; Cagayan de Oro:

One City Fiscal

One First Assistant

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(m) Naga; Dumaguete; Tacloban; Tagbilaran:

One City Fiscal

One First Assistant



(n) Laoag; Cavite City; Batangas City; Roxas city; Dipolog; Zamboanga

City; Pagadian:

One City Fiscal

One First Assistant


(0) Butuan; Surigao City; General Santos; Oroquieta; Ozamis:

One City Fiscal

One First Assistant


(p)San Jose; Puerto Princesa; Lipa; Iriga; San Carlos (Neg. Occ.); Ormoc;

Mandaue; Iligan; Marawi; Cotabato City:

One City Fiscal

One First Assistant

One Second Assistant

(4) San Carlos (Pangasinan); Tagaytay; Trece Martires; Cadiz; Silay;

Calbayog; Danao; Lapu-Lapu; Toledo; Palayan; Bago; La Carlota; Bais;

Canlaon; Gingoog; Tangub; Dapitan:

One City Fiscal

One First Assistant]

A) MANILA: (178)

ONE CITY PROSECUTOR

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FIVE DEPUTY CITY PROSECUTORS

SEVENTY-FOUR ASSOCIATE CITY PROSECUTORS

NINETY-EIGHT SENIOR ASSISTANT CITY PROSECUTORS

QUEZON CITY: (109)

ONE CITY PROSECUTOR

THREE DEPUTY CITY PROSECUTORS

FORTY-SIX ASSOCIATE CITY PROSECUTORS

FIFIY-NINE SENIOR ASSISTANT CITY PROSECUTORS

MAKATI: (107)

ONE CITY PROSECUTOR

THREE DEPUTY CITY PROSECUTORS

FORTY-SIX ASSOCIATE CITY PROSECUTORS

FIFIY-SEVEN SENIOR ASSISTANT CITY PROSECUTORS

CEBU: (40)

ONE CITY PROSECUTOR

TWO DEPUTY CITY PROSECUTORS

SIXTEEN ASSOCIATE CITY PROSECUTORS

TWENTY SENIOR ASSISTANT CITY PROSECUTORS

PASIG: (37)

ONE CITY PROSECUTOR


FIFTEEN ASSOCIATE CITY PROSECUTORS

NINETEEN SENIOR ASSISTANT CITY PROSECUTORS

F) ILOILO: (36)

ONE CITY PROSECUTOR


FOURTEEN ASSOCIATE CITY PROSECUTORS

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NINETEEN SENIOR ASSISTANT CITY PROSECUTORS

G) CALOOCAN; PASAY: (31)

ONE CITY PROSECUTOR


TWELVE ASSOCIATE CITY PROSECUTORS

SIXTEEN SENIOR ASSISTANT CITY PROSECUTORS

H) CAGAYAN DE ORO: (30)

ONE CITY PROSECUTOR

TWO DEPUTY CITY PROSECUTOR


FIFTEEN SENIOR ASSISTANT CITY PROSECUTORS

I ) BACOLOD; DAVAO: (29)

ONE CITY PROSECUTOR

ONE DEPUTY CITY PROSECUTOR


FIFTEEN SENIOR ASSISTANT CITY PROSECUTORS

J) LAS PINAS: (21)

ONE CITY PROSECUTOR


EIGHT ASSOCIATE CITY PROSECUTORS

ELEVEN SENIOR ASSISTANT CITY PROSECUTORS

K) BAGUIO: (20)

ONE CITY PROSECUTOR


EIGHT ASSOCIATE CITY PROSECUTORS

TEN SENIOR ASSISTANT CITY PROSECUTORS

L) MARIKINA; PARANAQUE: (18)

ONE CITY PROSECUTOR

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SEVEN ASSOCIATE CITY PROSECUTORS

NINE SENIOR ASSISTANT CITY PROSECUTORS

M) MANDALUYONG; ZAMBOANGA: (16)

ONE CITY PROSECUTOR


SIX ASSOCIATE CITY PROSECUTORS

EIGHT SENIOR ASSISTANT CITY PROSECUTORS

N) MUNTINLUPA: (15)

ONE CITY PROSECUTOR


SIX ASSOCIATE CITY PROSECUTORS

SEVEN SENIOR ASSISTANT CITY PROSECUTORS

OLONGAPO; MALABON AND NAVOTAS; TAGUIG: (13)

ONE CITY PROSECUTOR


FIVE ASSOCIATE CITY PROSECUTORS

SIX SENIOR ASSISTANT CITY PROSECUTORS

0)

P) ANTIPOLO; SAN JUAN: (10)

ONE CITY PROSECUTOR


FOUR ASSOCIATE CITY PROSECUTORS

FOUR SENIOR ASSISTANT CITY PROSECUTORS

Q) VALENZUELA: (8)

ONE CITY PROSECUTOR


THREE ASSOCIATE CITY PROSECUTORS

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THREE SENIOR ASSISTANT CITY PROSECUTORS

R) MALOLOS; SAN FERNANDO (PAMPANGA); DUMAGUETE: (20)

ONE CITY PROSECUTOR


EIGHT SENIOR ASSISTANT CITY PROSECUTORS

TEN ASSISTANT CITY PROSECUTORS

S) CABANATUAN; NAGA: (19)

ONE CITY PROSECUTOR



TEN ASSISTANT CITY PROSECUTORS

T) BATANGAS; LUCENA: (18)

ONE CITY PROSECUTOR



NINE ASSISTANT CITY PROSECUTORS

U) ANGELES; LEGASPI; ILIGAN: (17)

ONE CITY PROSECUTOR



EIGHT ASSISTANT CITY PROSECUTORS

LAOAG; SAN FERNANDO (LA UNION); TUGUEGARAO; ROXAS;

TAGBILARAN; BUTUAN: (14)

ONE CITY PROSECUTOR


FIVE SENIOR ASSISTANT CITY PROSECUTORS

SEVEN ASSISTANT CITY PROSECUTORS

DAGUPAN; CALAMBA; GENERAL SANTOS: (13)

V)

W)

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ONE CITY PROSECUTOR

ONE DEPUTY CIp/ PROSECUTOR

FIVE SENIOR ASSISTANT CITY PROSECUTORS

SIX ASSISTANT CITY PROSECUTORS

X) TACLOBAN; DIPOLOG: (12)

ONE CITY PROSECUTOR



SIX ASSISTANT CITY PROSECUTORS

URDANETA; IRIGA; PUERTO PRINCESA: (11)

ONE CITY PROSECUTOR



FIVE ASSISTANT CITY PROSECUTORS

Y)

Z) PAGADIAN: (10)

ONE CITY PROSECUTOR



FOUR ASSISTANT CITY PROSECUTORS

AA) SAN PABLO; TABACCO; MANDAUE; LAPU-LAPU: (9)

ONE CITY PROSECUTOR



FOUR ASSISTANT CITY PROSECUTORS

BB) SANTIAGO; TARLAC; SORSOGON; OROQUIETA: (8)

ONE CITY PROSECUTOR



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THREE ASSISTANT CITY PROSECUTORS

CC) VIGAN; GAPAN; BALANGA; LIPA; LIGAO; MASBATE; MARAWI;

TAGUM: (7)

ONE CITY PROSECUTOR


TWO SENIOR ASSISTANT CITY PROSECUTORS

THREE ASSISTANT CITY PROSECUTORS

DD) CAVITE; SURIGAO: (6)

ONE CITY PROSECUTOR


TWO SENIOR ASSISTANT CITY PROSECUTORS

TWO ASSISTANT CITY PROSECUTORS

EE) CAUAYAN; SAN CARLOS (PANGASINAN); ALAMINOS; TANAUAN;

CALAPAN; SAN CARLOS (NEGROS OCCIDENTAL); TOLEDO;

CALBAYOG; ORMOC; OZAMIS; MALAYBALAY; COTABATO;

GINGOOG; DIGOS; KORONADAL; KIDAPAWAN: (5)

ONE CITY PROSECUTOR


ONE SENIOR ASSISTANT CITY PROSECUTOR

TWO ASSISTANT CITY PROSECUTORS

FF) BAIS: (4)

ONE CITY PROSECUTOR


ONE SENIOR ASSISTANT CITY PROSECUTOR

ONE ASSISTANT CITY PROSECUTOR

GG) CANDON; PALAYAN; SCIENCE ClTY OF MUNOZ; SAN JOSE; SAN

JOSE DEL MONTE; STA. ROSA; TAGAMAY; TRECE MARTIREZ;

PASSI; BAGO; CADIZ; HIMAMAYLAN; KABANKALAN; LA CARLOTA;

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SILAY; SIPALAY; DANAO; TALISAY (CEBU); BAYAWAN; CANLAON;

TANJAY; MAASIN; DAPITAN; ISABELA; VALENCIA; TANGUB;

PANABO; ISLAND GARDEN CITY OF SAMAL; BISLIG; TACURONG: (3)

ONE CITY PROSECUTOR


ONE ASSISTANT CITY PROSECUTOR

HH) ESCALANTE; SAGAY; TALISAY (NEGROS OCCIDENTAL); VICTORIAS:

(2 )

ONE CITY PROSECUTOR


AFTER THE APPROVAL OF THIS ACT, THERE SHALL BE AT EACH

CITY ONE DEPUTY CITY PROSECUTOR FOR EVERY THIRTY

PROSECUTORS OR A FRACTION THEREOF.

SEC. 11. Section 14 of Presidential Decree No. 1275 is deleted and, in lieu thereof, a

new Section 14 is inserted to read as follows:

SEC. 14. [Offices of Provincial and City Fiscals: Salaries. The annual

salaries of Provincial and City Fiscals and their Assistants shall be as

approved by the President upon recommendation of the Commissioner of

the Budget and pursuant to P.D. No. 985.

The salaries of provincial and city fiscals and their assistants shall

be paid entirely out of national funds and included in the annual

appropriations of the Department of Justice. This is without prejudice to

the grant of allowances to he above-mentioned fiscals by their respective

local governments, in amounts not exceeding twenty-five percent (25%)

of heir basic salaries.

The salaries o f clerks, stenographers and other subordinate

employees in the offices of the provincial and city fiscals shall be paid by

the province or city where they are assigned.] REALIGNMENT OF

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POSITION ITEMS. - UPON THE APPROVAL OF THIS ACT, THE

SECRETARY OF JUSTICE SHALL TRANSFER VACANT EXCESS POSITION

ITEMS OF PROSECUTORS TO THE CITIES WITHIN THE PROVINCE OR TO

THE PROVINCE OF WHICH THE CITIES USED TO BE MUNICIPALITIES OR

TO OTHER CITIES WITHIN THE PROVINCE: PROVIDED, HOWEVER, THAT

IF THE POSITION ITEMS ARE OCCUPIED, THEY SHALL BETRANSFERRED

AS SOON AS THEY BECOME VACANT OR WHEN THE INCUMBENT

PROSECUTORS CONSENT TO THEIR TRANSFER.

WHEN NEW CITIES ARE CREATED AND COURT BRANCHES SEATS

ARE REALIGNED OR REDISTRIBUTED, THE SECRETARY OF JUSTICE

SHALL CORRESPONDINGLY REALIGN POSITION ITEMS OF

PROSECUTORS TO THE NEW CITIES FROM THE PROVINCES WHERE THE

CITIES ARE LOCATED, WITHOUT PREJUDICE TO THE PROVISIONS OF

SECTION 9 HEREOF.

SEC. 12. Section 15 of Presidential Decree No. 1275 is hereby amended to read

as follows:

SEC. 15. Special Counsels. - Whenever the exigencies of the service

require the creation of positions of additional counsel to assist provincial

and city [fiscals] PROSECUTORS in the discharge of their duties, positions

of Special Counsels may be created by any province or city, subject to the

approval of the Secretary of Justice, and with salaries chargeable against

provincial or city funds. The Secretary of Justice shall appoint said Special

Counsels, upon recommendation of the provincial or city [fiscal]

PROSECUTOR and regional state prosecutors concerned, either on

permanent or temporary basis.

Special Counsels shall be appointed from members of the bar and

shall be allowed not more than the salary rate provided in this Decree for

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the lowest rank or grade of assistant [fiscal] PROSECUTOR in the province

or city where THEY ARE assigned.


thereof, a new Section 16 is hereby inserted to read as follows:

SEC. 16. [Office, Space, Maintenance and Other Incidental Expenses.

Pending the construction of regional government centers in each of the

administrative regions as provided in the Integrated Reorganization plan,

the Budget Commission and other departments or agencies concerned are

hereby directed to provide the Department o f Justice such technical

assistance and establish suitable building sites and office spaces for the

Regional State Prosecution Offices created herein. Rental costs and all

other expenses incidental to the maintenance of the Regional State

Prosecution Offices shall be paid out of national funds.

The provincial and city governments shall be responsible for

providing adequate office spaces for the offices of their respective

provincial or city fiscals and all expenses incidental to the maintenance of

said offices, including rental payments, shall be paid by the province or

city concerned.] AUTOMATIC INCREASE OF POSITIONS OF

PROSECUTOR. - WHENEVER NEW COURTS OR BRANCHES THEREOF

ARE CREATED AT A PROVINCE OR CITY, THERE SHALL BE AT SUCH

PROVINCE OR CITY AUTOMATICALLY CREATED POSITIONS OF

ASSOCIATE AND ASSISTANT PROSECUTORS IN SUCH NUMBER

DETERMINED PURSUANT TO THE RATIO ESTABLISHED I N SECTION 9

HEREOF: PROVIDED, HOWEVER, THAT IF THE BRANCHES OF A

REGIONAL TRIAL COURT SHALL BE SEATED AT A CITY OUTSIDE OF

METROPOLITAN MANILA, THE NUMBER OF POSITIONS SHALL BE

DISTRIBUTED BETWEEN THE CITY AND THE PROVINCE WHERE THE

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CITY IS LOCATED ACCORDING TO THE TERRITORIAL JURISDICTION.

COVERED BY SUCH BRANCH.

SEC. 14. Section 17 of Presidential Decree No. 1275 is hereby deleted and, in

lieu thereof, a new Section 17 is hereby inserted to read as follows:

SEC. 17. [Transitory Provisions: Abolition of Existing Prosecution and

Fiscals Offices and Positions. After the approval of this Decree, the

President shall issue the necessary letter/s of implementation specifying

the details of the reorganization provided herein.

All existing prosecution offices and positions in the Department of

Justice and the Offices of the Provincial and City Fiscals throughout the

country as well as all positions of district state prosecutors and special

counsels shall cease to exist from the date specified in the letter of

implementation issued by the President pursuant to the preceding

paragraph. Their pertinent functions, applicable appropriations, records,

equipment, property and such clerical and subordinate personnel as may

be necessary shall be transferred to the appropriate staff or offices

created above.] QUALIFICATIONS, RANK, SALARIES AND APPOINTMENT

OF THE CHIEF STATE PROSECUTOR. - THE CHIEF STATE PROSECUTOR

SHALL HAVE THE SAME QUALIFICATIONS FOR APPOINTMENT, RANK,

CATEGORY, PREROGATIVES, SALARIES, ALLOWANCES, EMOLUMENTS

AND OTHER PRIVILEGES, SUBJECT TO THE SAME INHIBITIONS AND

DISQUALIFICATIONS, AND SHALL ENJOY THE SAME RETIREMENT AND

OTHER BENEFITS AS THOSE PROVIDED UNDER EXISTING LAWS FOR

THE PRESIDING JUSTICE OF THE COURT OF APPEALS, AND SHALL BE

APPOINTED BY THE PRESIDENT.


27 thereof, a new Section 18 is hereby inserted to read as follows:

30

1 SEC. 18. [Transitory Provisions: Incumbents; Vacation of Offices. The

2 provision of the second paragraph of the preceding section

3 notwithstanding, all officials in the prosecution service whose

4 appointments are by this Decree vested in the President shall continue in

5 office until, and shall vacate the same only upon, the appointment and

6 qualification of the officials to whom their powers, functions, and

7 responsibilities substantially pertain: Provided, however, That with

8 respect to the incumbent district state prosecutors, each of them shall

9 continue in office until the appointment and qualification of the Regional

10 State Prosecutor of the region to which his district pertains.

11 An incumbent who is appointed by the President to a similar or

12 equivalent position created in this Decree shall be allowed to receive

13 either the salary rate authorized for the position or his present salary

i4 whichever Is higher.] RANKS OF PROSECUTORS. - THE PROSECUTORS

15 I N THE NATIONAL PROSECUTION SERVICE SHALL HAVE THE

16 FOLLOWING RANKS:

17 RANK POSITION TITLE

18 PROSECUTOR V 1. DEPUTY CHIEF STATE PROSECUTORS;

19 2. REGIONAL PROSECUTORS; AND

20 3. PROVINCIAL PROSECUTORS OR c m

21 PROSECUTORS OF PROVINCES OR CITIES

22 WITH AT LEAST THIRTY PROSECUTORS,

23 AND CITY PROSECUTORS OF HIGHLY

24 URBANIZED CITIES.

25 PROSECUTOR IV 1. DEPUTY REGIONAL PROSECUTORS;

26 2. SENIOR ASSOCIATE STATE PROSECUTORS;

27 3. PROVINCIAL PROSECUTORS OR CITY

28 PROSECUTORS OF PROVINCES OR CITIES

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WITH LESS THAN THIRTY PROSECUTORS;

AND

4. DEPUTY PROVINCIAL PROSECUTORS OR

DEPUTY CITY PROSECUTORS OF

PROVINCES OR ClTIES WITH AT LEAST

THIRTY PROSECUTORS, AND DEPUTY CITY

PROSECUTORS OF HIGHLY URBANIZED

CITIES.

PROSECUTOR I11 1. ASSOCIATE STATE PROSECUTORS AND

ASSOCIATE REGIONAL PROSECUTORS;

2. DEPUTY PROVINCIAL PROSECUTORS OR

DEPUTY CITY PROSECUTORS

OFPROVINCES OR CITIES WITH LESS

THAN THIRTY PROSECUTORS; AND

3. ASSOCIATE PROVINCIAL PROSECUTORS

OR ASSOCIATE CITY PROSECUTORS OF

PROVINCES OR CITIES WITH AT LEAST

THIRTY PROSECUTORS, AND ASSOCIATE

CITY PROSECUTORS OF HIGHLY

URBANIZED CITIES.

PROSECUTOR I1 1. SENIOR ASSISTANT STATE PROSECUTORS

AND SENIOR ASSISTANT REGIONAL

PROSECUTORS;

2. ASSOCIATE PROVINCIAL PROSECUTORS

OR ASSOCIATE CITY PROSECUTORS OF

PROVINCES OR CITIES WITH LESS THAN

THIRTY PROSECUTORS; AND

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3. SENIOR ASSISTANT PROVINCIAL

PROSECUTORS OR SENIOR ASSISTANT

CITY PROSECUTORS OF PROVINCES

OR CITIES WITH AT LEAST THIRTY

PROSECUTORS, AND SENIOR

ASSISTANT CITY PROSECUTOR OF

HIGHLY URBANIZED CITIES

PROSECUTOR I 1. ASSISTANT PROVINCIAL PROSECUTORS OR

ASSISTANT CITY PROSECUTORS OF

PROVINCES OR CITIES WITH LESS THAN

THIRTY PROSECUTORS.

SEC. 16. Section 19 of Presidential Decree No. 1275 is hereby amended to read as

follows:

SEC. 19. [Transitory Provisions: Payment of Gratuity. All officers and

employees who may be separated or removed from the service by reason

of the reorganization authorized herein shall be granted a gratuity at a

rate equivalent to one month’s salary for every year of continuous

satisfactory service rendered, or the equivalent nearest fraction thereof

favorable to them on the basis of the highest salary received: Provided,

That any such officer or employee already entitled to gratuity or pension

under existing law shall have the option to select between said gratuity or

pension and the gratuity provided for in this Decree.

The officers and employees referred to in the preceding paragraph

shall not lose their civil service eligibilities and their names shall be

entered in a preferential re-employment list so as to facilitate their

reappointment to appropriate positions created pursuant to this Decree.]

QUALIFICATIONS, SALARIES AND APPOINTMENTS OF PROSECUTORS

AND OTHER PROSECUTION OFFICERS. - PROSECUTORS WITH THE

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RANK OF PROSECUTOR V SHALL HAVE THE SAME QUALIFICATIONS FOR

APPOINTMENT, RANK, CATEGORY, PREROGATIVES, SALARIES,

ALLOWANCES, EMOLUMENTS AND OTHER PRIVILEGES, BE SUBJECT TO

THE SAME INHIBITIONS AND DISQUALIFICATIONS, AND SHALL ENJOY

THE SAME RETIREMENT AND OTHER BENEFITS AS THOSE PROVIDED

UNDER EXISTING LAWS FOR ASSOCIATE JUSTICES OF THE COURT

APPEALS.

PROSECUTORS WITH THE RANK OF PROSECUTOR I V SHALL HAVE

THE SAME QUALIFICATIONS FOR APPOINTMENT, RANK, CATEGORY,

PREROGATIVES, SALARIES, ALLOWANCES, EMOLUMENTS AND OTHER

PRIVILEGES, BE SUBJECT TO THE SAME INHIBITIONS AND



JUDGES OF THE REGIONAL TRIAL COURT.

PROSECUTORS WITH THE RANK OF PROSECUTOR I11 SHALL HAVE

THE SAME QUALIFICATIONS RANK, CATEGORY, PRIVILEGES, SALARIES,

ALLOWANCES, EMOLUMENTS AND OTHER PRIVILEGES, BE SUBJECT TO

THE SAME INHIBITIONS AND DISQUALIFICATIONS, AND SHALL ENJOY

THE SAME RETIREMENT AND OTHER BENEFITS AS THOSE PROVIDED

UNDER EXISTING LAWS FOR JUDGES OF THE METROPOLITAN TRIAL

COURT.

PROSECUTORS WITH THE RANK OF PROSECUTOR 11 SHALL HAVE


PRIVILEGES, SALARIES, ALLOWANCES, EMOLUMENTS AND OTHER




JUDGES OF THE MUNICIPAL TRIAL COURT I N CITIES.

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PROSECUTORS WITH THE RANK OF PROSECUTOR I SHALL HAVE


PRIVILEGES, SALARIES, ALLOWANCES, EMOLUMENTS AND OTHER




JUDGES OF THE MUNICIPAL CIRCUIT TRIAL COURT, AND SALARY ONE

GRADE LOWER THAN THAT OF PROSECUTOR 11.

THE SALARIES OF PROVINCIAL AND CITY PROSECUTORS AND

THEIR ASSISTANTS SHALL BE PAID ENTIRELY OUT OF NATIONAL FUNDS

AND INCLUDED I N THE ANNUAL APPROPRIATIONS OF THE

DEPARTMENT OF JUSTICE. THIS IS WITHOUT PREJUDICE TO THE

GRANT OF ALLOWANCES TO THE ABOVE-MENTIONED PROSECUTORS BY

THEIR RESPECTIVE LOCAL GOVERNMENTS, I N AMOUNTS NOT

EXCEEDING FIFTY PERCENT (50%) OF THEIR BASIC SALARIES.

ALL PROSECUTORS SHALL BE APPOINTED BY THE PRESIDENT

UPON THE RECOMMENDATION OF THE SECRETARY OF JUSTICE.

A PROSECUTOR AITORNEY OR SPECIAL COUNSEL SHALL BE A

MEMBER OF THE BAR I N GOOD STANDING AND SHALL HAVE A SALARY

GRADE RANGING FROM GRADE 23 TO GRADE 25.

THE SALARY, ALLOWANCES AND OTHER EMOLUMENTS HEREIN

FIXED SHALL NOT APPLY TO OFFICERS OTHER THAN THOSE OF

PROSECUTORS I N THE NATIONAL PROSECUTION SERVICE,

NOTWITHSTANDING ANY PROVISIONS OF LAW ASSIMILATING THE

SALARIES OF OTHER OFFICERS TO THOSE HEREIN MENTIONED.

Sec. 17. New Sections 20, 21, 22 and 23 are hereby inserted to read as follows:

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SEC. 20. CONTINUATION I N OFFICE OF PROSECUTORS. - UPON

APPROVAL OF THIS ACT, THE INCUMBENT PROSECUTION OFFICERS,

INCLUDING THE PROSECUTION ATTORNEYS I N THE PRESENT

PROSECUTION STAFF, SHALL CONTINUE I N OFFICE TO

DISCHARGE THEIR FUNCTIONS UNDER THIS ACT, AND THE POSITION

TITLE ASSISTANT CHIEF STATE PROSECUTOR IS RENAMED DEPUTY

CHIEF STATE PROSECUTOR.

ALL PROSECUTORS WHO HAVE THE RANK OF PROSECUTOR I11

AND PROSECUTOR I1 I N THE EXISTING PROSECUTION STAFF SHALL

BEAR THE NEW TITLES OF ASSOCIATE STATE PROSECUTORS AND

SENIOR ASSISTANT STATE PROSECUTORS, RESPECTIVELY, UNDER THIS

ACT.

THE PROVINCIAL OR CITY PROSECUTION OFFICE ESTABLISHED

AT EACH OF THE PROVINCES OR CITIES PURSUANT LAW IS RETAINED

AND RENAMED OFFICE OF THE PROVINCIAL PROSECUTOR OR OFFICE

OF THE CITY PROSECUTOR, AS THE CASE MAY BE.

ALL REGIONAL PROSECUTORS, PROVINCIAL PROSECUTORS AND

CITY PROSECUTORS AND THEIR ASSISTANTS SHALL CONTINUE I N

OFFICE TO DISCHARGE THEIR FUNCTIONS UNDER THIS ACT.

ALL ASSISTANT PROSECUTORS WHO HAVE THE RANK OF

PROSECUTOR 111, PROSECUTOR I1 AND PROSECUTOR I OF EACH OF THE

EXISTING REGIONAL, PROVINCIAL AND CITY PROSECUTION OFFICES

SHALL BEAR THE TITLES PROVIDED I N SECTION 18

HEREOF: PROVIDED, HOWEVER, THAT I N PROVINCES OR CITIES WITH

AT LEAST THIRTY PROSECUTORS AND I N HIGHLY URBANIZED CITIES

ALL ASSISTANT PROSECUTORS WITH THE RANK OF PROSECUTOR I

BEFORE THE ENACTMENT OF THIS ACT SHALL BE UPGRADED TO

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PROSECUTOR I1 UPON THE APPROVAL OF THIS ACT AND SHALL BEAR

THE TITLE SENIOR ASSISTANT PROVINCIAL OR CITY PROSECUTOR.

SEC. 21. NO DEMOTION OR DIMUNITION OF SALARY. - NOTHING I N

THIS ACT SHALL BE CONSTRUED TO DEMOTE A PROSECUTOR OR TO

DIMINISH HIS SALARY. I N THE EVENT THAT ALL THE INCUMBENT

PROSECUTORS ARE NOT ACCOMMODATED BY THE NUMBER OF

POSITION ITEMS ALLOCATED, THE EXCESS INCUMBENTS SHALL

CONTINUE I N THE SERVICE UNTIL THEY ARE ACCOMMODATED,

TRANSFERRED OR SEPARATED.

SEC. 22. NO UNDERMINING OF SECURITY OF TENURE. - NOTHING I N

THIS ACT SHALL BE CONSTRUED TO ALLOW THE TRANSFER, EXCEPT AS

PROVIDED HEREIN OR I N CASES OF TEMPORARY ASSIGNMENT, AS

PUBLIC INTEREST MAY REQUIRE, OF ANY ASSISTANT PROSECUTOR TO

ANY PLACE OR STATION OR TO UNDERMINE THE SECURITY OF TENURE

OF INCUMBENT PROSECUTORS AS PROVIDED I N THE LAWS. SUCH

TEMPORARY ASSIGNMENT SHALL NOT EXCEED SIX MONTHS WITHOUT

HIS OR HER WRITTEN CONSENT. NO PROVINCIAL PROSECUTOR OR

CITY PROSECUTOR SHALL BE DETAILED OR ASSIGNED TO ANOTHER

OFFICER OR STATION, EXCEPT I N A CONCURRENT CAPACITY AND WITH

HIS OR HER WRITTEN CONSENT.

SEC. 23. SPECIAL ALLOWANCES. - THE SPECIAL ALLOWANCES

GRANTED TO THE MEMBERS OF THE NATIONAL PROSECUTION SERVICE

UNDER REPUBLIC ACT NO. 9279 SHALL CONTINUE TO BE GIVEN THEM

SUBJECT TO THE PROVISIONS THEREOF.

Sec. 18. The succeeding sections shall be renumbered accordingly.

Sec. 19. Section 20 of Presidential Decree No. 1275 is hereby amended to read as

A / follows:

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SEC. [20.] 24. Appropriation. There is hereby appropriated initially SUCH

[the] sum [of THIRTY-ONE MILLION FIVE HUNDRED THOUSAND PESOS

(P31,500,000)] AS MAY BE NECESSARY from the funds of the National

Treasury not otherwise appropriated [for the organization and operational

expenses of the National Prosecution Service for a period of one year from

the issuance of this Decree. Henceforth the said amount shall be added

to the annual budget of the Department of Justice] TO COVER THE

ADDITIONAL FUNDING REQUIRED HEREOF FOR THE REST OF THE YEAR

FROM THE EFFECTIVITY OF THIS ACT. THEREAFTER, THE SAID

AMOUNG SHALL BE INCLUDED I N THE ANNUAL APPRPRIATION ACT.

Sec. 20. Section 23 of Presidential Decree No. 1275 is hereby amended to read as

follows:

SEC. [ i 4 ] 27. Effectivity. - [This Decreee shall take effect immediately]

THIS ACT SHALL TAKE EFFECT AFTER FIFTEEN (15) DAYS FOLLOWING

ITS PUBLICATION I N AT LEAST TWO (2) NEWSPAPERS OF GENERAL

CIRCULATION OR I N THE OFFICIAL GAZE-TTE.

Approved

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