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SEVENTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
F irst R egular Session 
)
S E N A T E
S.B. No. 1453
*17 
MAY 15 r P 6  -43
RcC ;i v 'tO ;
In tro d u ced  by S en ato r LOREN LEGARDA
AN ACT TO FURTHER STRENGTHEN AND REORGANIZE THE NATIONAL 
PROSECUTION SERVICE, AMENDING FOR THE PURPOSE REPUBLIC ACT 
NO. 10071, AND APPROPRIATING FUNDS THEREFOR
E xplanatory Note
O ur Constitution guarantees the accused in all crim inal prosecutions the 
rights to be presum ed innocent until the contrary is proved, and to have a 
speedy and im partial trial (Article III, Section 14 (2), 1987 Constitution). Thus, 
it is im portant that the courts, as well as the prosecution arm  of tht 
government, are efficient, credible and free from any suspicion of bias or ill 
motivation.
Under the present set-up, the prosecution arm  of the government - the 
National Prosecution Service (NPS) - is an office directly under the control and 
supervision of the Secretary of Justice, who is an alter ego of the President. The 
present set-up docs not provide for a separate and independent organizational 
structure for the NPS. Further, the lack of ample benefits for prosecutors has 
not made this profession a very attractive one for lawyers, resulting to 
significant shortage of prosecutors, and ultimately, to slow delivery of justice.
This bill seeks to professionalize and further strengthen the NPS, by:
(1) Creating an independent and autonom ous National Prosecution Ser\ice, 
with its own organizational structure separate and distinct from the 
D epartm ent of Justice;
(2) Giving the Prosecutor General leadership, control and supervision over it; 
and
(S)Providing additional benefits and incentives to NPS prosecutors in the form 
of forfeitable leave privilege, hazard pay, and survivorship.
With this bill, it is envisioned thatthe NPS befully perceived as a non-political, 
professional organization, and its financial, adm inistrative, and m anagem ent 
processes be made more efficient.
In view of the foregoing, passage of this m easure is earnestly sought.
LOREN LEGARDA
Senator


SEVENTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
IstR eg u lar Session 
)
S E N A T E
s.B . No. 
1 4  5
' -tu'i'' ' < J!U ir 
l![r 
r,-,,.M r v
REClI1, cDU
17 
MAY 1 5
P6 44
■~ V 4
In tro d u ced  by S enator LOREN B. LEGARDA
AN ACT TO FURTHER STRENGTHEN AND REORGANIZE THE NATIONAL 
PROSECUTION SERVICE, AMENDING FOR THE PURPOSE REPUBLIC ACT 
NO. 10071, AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assem bled:
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S ection 1. Section 2 of Republic Act No. 10071 is hereby am ended to read as 
follows:
S ection 2. Scope. - The constituent offices herein covered shall 
refer to the offices enum erated under Section 3-A of Republic 
ActNo. 10071, as am ended, th at compose the National Prosecution 
Service as created and established in the succeeding sections.
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S ection 2. Section 3 of Republic Act No. 10071 is hereby am ended to read as 
follows:
S ection 3. C reation a n d  M an d ate o f th e  N atio n al P ro secu tio n  
Service. There is hereby created and established an independent 
and autonom ous National Prosecution Service (NPS) to be headed 
by a Prosecutor General and attached to the D epartm ent of 
Justice. 
The 
NPS 
shall 
be 
primarily responsible 
for the 
investigation and prosecution of all cases involving violation of 
penal laws.
S ection 3. A new Section 3-A is hereby inserted in RA 10071 to read as 
follows:
S ection 
3-A. O rg a n iz atio n al S tru c tu re . 
The 
NPS 
shall 
be 
composed of the following constituent offices or units:
(1) Office of the Prosecutor General, which shall be assisted by the 
following offices, namely;
(1.1) Office of the Chief of Staff;
(1.2) Office of the Senior Deputy State Prosecutor for Policy and 
Administration;
(1.3) Office of the Senior Deputy State Prosecutor for Regional 
Operations and Field Services;
(1.4) Office of the Senior Deputy State Prosecutor for Projects 
Management;


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(1.5) Office of the Senior Deputy State Prosecutor for Special 
Cases and A ppeals/Petitions for Review; and
(1.6) Office of the Senior Deputy State Prosecutor for Internal 
Affairs.
(2) Line Services consisting of the following:
(2.1) Financial M anagem ent Service;
(2.2) Hum an Resources M anagem ent Service;
(2.3) Planning and Statistics Service;
(2.4) Training and Development Service;
(2.5) Research Centre;
(2.6) Case M anagement Service; and
(2.7) M anagement Information Service;
(3) Field Offiees:
(3.1) Regional Prosecution Office;
(3.2) Provincial Prosecution Office; and
(3.3) City Prosecution Offices.
The following positions/item s shall be directly under the Office of 
the Prosecutor General;
(a) Five (5) Senior Deputy State Prosecutors, who shall each head 
the foregoing Offices m entioned above [paragraphs (1.2) to (1.6)];
(b) Twenty (20) Deputy State Prosecutors;
(c) Thirty five (35) Senior A ssistant State prosecutors;
(d) Eighty (80) A ssistant State Prosecutors; and
(e) Twenty (20) Associate State Prosecutors.
S ection 4. Section 4 of Republic Act No. 10071 is hereby deleted.
S ection 5. Section 5 of Republic Act No. 10071 is hereby am ended to read a? 
follows;
S ection 
5 .Pow ers 
a n d  
F u n ctio n s 
o f th e  
Office 
o f th e  
P ro secu to r G eneral.Thc Prosecutor General 
shall have 
the 
following powers and funetions;
(1) Appoint, upon the recom m endations of the Hum an Resources 
M anagement Service in accordance with a selection and promotion 
standards and process that shall be established immediately after 
the effcctivity of this Act, the officials and personnel of the National 
Prosecution Service from the rank of Prosecutor 1 up to Prosecutor 
V, but excluding Senior Deputy State Prosecutors and Regional 
Prosecutors, who shall be appointed by the President upon the 
recom m endation of the Prosecutor General;
(2) Act directly on any m atter involving crime against national 
seeurity, act of terrorism , and in any case where there is


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probability of miscarriage of justice, within the jurisdiction of the 
constituent offices of the National Prosecution Service;
(3) Create and organize various divisions/task forces within the 
NPS that will focus in the investigation and prosecution of crimes 
involving national a n d /o r public interest;
(4) Issue policy guidelines and develop plans, program s and 
projects relative to the investigation and prosecution of criminal 
cases;
(5) Act as counsel for the People of the Philippines in any case 
involving or arising from a crim inal com plaint investigated by any 
of its prosecutors and pending before any trial eourt;
(6) Represent the National Prosecution Service, in a concurrent 
capacity with the Office of the Solicitor General, before the Court of 
Appeals and Suprem e Court in all cases elevated to said courts by 
way of appeal, certiorari or petition for review involving decisions, 
issues and incidents arising from criminal cases prosecuted by the 
National Prosecution Service before any trial court;
(7) 
Investigate 
or cause 
to 
be 
investigated, 
adm inistrative 
com plaints against prosecutors, other prosecution officers and 
other personnel in the Office of the Prosecutor General and the 
various line services;
(8) Prepare legal opinions on queries involving violations of the 
Revised Penal Code and special penal laws;
(9) Monitor all crim inal cases filed with the National Prosecution 
Service, m aintain updated records of the statu s of each case, and 
adopt 
such 
system s 
and 
procedures 
as 
will 
expedite 
the 
m onitoring and disposition of cases;
(10) Require the constituent offices to subm it their respective 
annual budget proposals and to prepare the budget of the National 
Prosecution Service;
(11) Approve the appointm ent of personnel in the Office of the 
Prosecutor General and in the line services in accordance with the 
qualification, 
skills and competency standards as shall be 
established by the Hum an Resources M anagem ent Service of the 
NPS;
(12) Approve the transfer of prosecution support staff in the Office 
of the Prosecutor General and in the line services, and exercise 
disciplinary action over them  in accordance with the Civil Service 
Law, and other existing laws and regulations;
(13) Approve attendance of prosecutors and support staff in the 
Office of the Prosecutor General and of Regional Prosecutors in 
official conferences, sem inars and other training programs;
(14) Approve the following requests of Regional Prosecutors and of 
prosecutors and personnel in the Office of the Prosecutor General: 
official leave of absence, with or w ithout pay; overtime services;


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official and personal travel; perm ission to exercise profession or to 
engage in business outside of office hours; and claims and benefits 
under existing laws;
(15) Approve requests of prosecutors and other personnel of the 
NPS in the regional prosecution offices for official leave of absence, 
with or without pay, for a period exceeding one (1) year, and for 
official travel outside of the respective regions; and
(16) O ther powers and functions inherent in a head of agency, and 
that are relevant and necessary for the fulfillment of the m andate 
of the NPS.
S ection 6. Section 6 of Republic Act No. 10071 is hereby am ended to read as 
follows:
S ection 6. Regional Prosecution Office. - There shall be at each 
adm inistrative region, including the National Capital Region (NCR), 
a Regional Prosecution Office to be headed by a Regional 
Prosecutor who shall be assisted by one (1) Deputy Regional 
Prosecutor, one (1) Senior A ssistant Regional Prosecutor, three (3) 
A ssistant Regional Prosecutors, and three (3) Associate Regional 
Prosecutors.
S ection 7. Section 7 of Republic Act No. 10071 is hereby am ended to read as 
follows;
S ection 7. Powers and Functions of the Regional Prosecutor. - The* 
Regional Prosecutor shall, under the control and supervision of the 
Office of the Prosecutor General, have the following powers and 
functions:
(a) Im plement policies, plans, program s, m em oranda, orders, 
cireulars and rules and regulations of the OPG relative to the 
investigation and prosecution of criminal cases in h is/h er region;
(b) 
Exercise 
immediate 
adm inistrative 
supervision 
over 
all 
provincial and city prosecutors and other prosecuting officers for 
provinces and eities comprised within h is/h er region;
(c) Prosecute any case arising within the region;
(d) When so delegated by the Office of the Prosecutor General, 
resolve with finality appeals from or petitions for review of 
judgm ents and orders of provincial and city prosecutors and their 
assistan ts within the region in cases where the imposable penalty 
is at least prision mayor, or its equivalent. This notw ithstanding, 
the Office of the Prosecutor General is not precluded from 
exercising his power or review over such resolutions of the 
Regional Prosecutor in instances where lies grave abuse of 
discretion on the part of the Regional Prosecutor, and from 
determ ining the extent of the coverage of the power of review of the 
Regional Proseeutors;
(e) Designate a prosecutor from any office of the provincial or city 
prosecutor within 
the 
region 
as Acting Provincial or City


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Prosecutor to investigate and prosecute a case in instances where 
parties question the partiality or bias of a particular city or 
provincial prosecutor or where the city or provincial prosecutor 
voluntarily inhibits him sclf/hcrsclf by reason of relationship to any 
of the parties within the sixth (6th) civil degree of consanguinity or 
affinity;
(0 With respect to h is/h er regional office and the offices of the 
provincial and city prosecutors within his region, h e/sh e shall:
(1) Approve the appointm ent of support personnel in accordance 
with the qualification, skills and competency standards as may be 
established by the Hum an Resources M anagem ent Service of the 
NPS;
(2) 
Approve 
the 
transfer of support 
personnel 
within 
the 
jurisdiction of the regional office and exercise disciplinary actions 
over them in accordance with the Civil Service law, other existing 
laws and regulations;
(3) Approve the following requests of prosecutors and personnel 
within the region: official leave of absence, with or without pay, for 
a period not exceeding one (1) year; overtime services; official travel 
within the region; perm ission to exercise their profession or to 
engage in business outside of office hours; and claim s and benefits 
under existing laws;
(4) 
Exercise 
immediate 
adm inistrative 
supervision 
over 
all 
provincial and city prosecutors, their assistants and all other 
prosecuting officers of the provinces and cities within h is/h e r 
region;
(5) Investigate adm inistrative com plaints against prosecutors and 
other prosecuting officers within the region and subm it h is/h er 
reeom m endation to the Office of the Prosecutor General, which 
shall, after review thereof and where w arranted, impose the 
corresponding adm inistrative sanction/s in accordance with law;
(6) Approve attendance of personnel in conferences, sem inars and 
other training program s within the region;
(7) Prepare the budget for the region for approval of the Office of 
the Prosecutor General and adm inister the same;
(8) Approve requisition for supplies, m aterials and equipm ent, as 
well as books, periodicals and the like and other item s for the 
region in accordance with the approved supply procurem ent 
program;
(9) Negotiate and conclude contracts for services or for furnishing 
supplies, m aterials and equipm ent and the likes within the 
budgetary limits set for the region;
(10) Within h is/h er region, m onitor the subm ission of all reports 
as may be required by tbe Office of the Prosecutor General;
(11) Coordinate with the regional offices of other departm ents, 
bureaus 
and 
agencies 
of the 
governm ent 
and 
with 
local 
governm ents units in the region; and


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(12) Perform such other duties and functions as may be provided 
by law or as may further be delegated by the Office of the 
Prosecutor General.
S ection 8. The last paragraph of Section 8 of Republic Act No. 10071 shall be 
deleted, and the said Section shall now read as follows;
S ection 8 .The Provincial Prosecutor or City Prosecutor. There shall 
be for each province or city a Provincial or City Prosecutor, as the 
ease may be, who shall be assisted by at least one (1) Deputy 
Provincial Prosecutor or Deputy City Prosecutor and such num ber 
of assistant and associate 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 num ber 
of assistant and associate prosecutors as there are court branches 
therein at the ratio of two (2) prosecutors for each branch of 
regional trial court, one (1) prosecutor for each branch of 
m etropolitan trial court or m unicipal trial court in cities, and one 
(1) 
prosecutor for every two (2) 
m unicipal 
trial courts in 
m unicipalities or branches thereof or m unicipal circuit trial courts.
Upon the establishm ent of the new province or city, position items 
of Proseeutor of the Office of the Provincial Prosecutor for the 
m other province in excess of the new equivalent pursuant to the 
ratio established above for the courts or branches thereof that 
rem ained 
to 
be 
served 
by 
the office 
shall 
be 
transferred 
autom atically to the Office of the provincial Prosecutor or Office of 
the City Prosecutor for the new province or city, as the case may 
be: Provided, further, That when all or alm ost all of the regional 
trial court branches are seated at the city, the num ber of 
prosecutors for the city shall be proportional to the territorial 
jurisdiction covered by such branches of the courts.
In case a province is reverted to the m other province or a city is 
reconverted into a m unicipality for whatever reason, all the 
prosecution position item s of the Office of the Provincial Prosecutor 
or Office of the City Prosecutor shall go to the Office of the 
Provincial 
Prosecutor 
for 
the 
m other 
province; Provided, 
however. That the position title provincial prosecutor or city 
prosecutor for the former province or city shall be changed to 
A ssistant Provincial Prosecutor or Associate Prosecutor, as the 
case may be, and shall have the corresponding rank provided in 
Section 15.
S ection 9. The first paragraph of Section 9 of Republic Act No. 10071 shall be 
deleted, and the said Section shall now read as follows:
S ection 
9. 
Powers 
andPunctions of the Provincial or City 
Prosecutor. The Provincial or City Prosecutor shall:
(a) Investigate a n d /o r cause to be investigated all charges of 
crimes, m isdem eanors and violations of penal laws and ordinances 
within their respective jurisdictions, and have the necessary 
information or com plaint prepared or m ade and filed against the 
persons accused. In the conduct of such investigations he or any 
of h is/h er assistan ts shall receive the statem ents under oath or 
take oral evidence of w itnesses, and for this purpose may by


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subpoena sum m on w itnesses to appear and testify under oath 
before him /her, and the attendance or evidence of an absent or 
recalcitrant witness may be enforced by application to any trial 
court; and
(b) Have charge of the prosecution of all crim es, m isdem eanors and 
violations of city or m unicipal ordinances in the courts at the 
province or city and therein discharge all the duties incident to the 
institution of criminal actions, subject to the provisions of second 
paragraph of Section 5 hereof.
S ection 10. Section 12 of Republic Act No. 10071 is hereby am ended to read
as follows:
S ection 12. Realignment of the Position Items. - Upon the approval 
of this Act, the Office of the Prosecutor General shall transfer 
vacant excess position item s of prosecutors to the cities within the 
province or to the province of which the cities used to be 
m unicipalities or to other cities within the province; Provided, 
however, That if the position item s arc occupied, they shall be 
transferred as soon as they become vacant or when the incum bent 
prosecutors consent to their transfer.
When new cities or provinces are created and court branch scats 
arc realigned or redistributed, the Office of the Prosecutor General 
shall 
correspondingly 
create 
or 
realign 
position 
items 
of 
prosecutors to the new cities or provinces from the provinces 
where cities arc located or the provinces used to be part of, 
without prejudice to the provision of Section 8 hereof.
After the approval of this Act, branches of the Regional Trial Court 
that arc sc^itcd in the city hitherto try and hear criminal cases filed 
by either the office of the provincial prosecutor or office of the city 
prosecutor shall proportionally divide them selves into branches 
where criminal and other cases filed , and those to be prosecuted 
and or defended by the Office of the Provincial Prosecutor shall be 
exclusively raffled to, tried and heard, and branches where 
criminal and other cases filed, and those to be prosecuted or 
defended by the Office of the City Prosecutor shall be exclusively 
raffled to, tried and heard. Upon such division, the Office of the 
Prosecutor General shall also realign position item s of prosecutor 
of the Office of the Provineial Prosecutor and the Office of the City 
Prosecutor affected.
S ection 11. Section 14 of Republic Act No. 10071 is hereby am ended to read 
as follows:
S ection 14. Qualifications, Rank and Appointment of the Prosecutor 
General. - The Prosecutor General is a cabinet rank and shall have 
the 
sam e 
cjualifications 
for 
appointm ent, 
rank, 
category, 
prerogatives, salary grade and salaries, allowances, em olum ents, 
and other privileges, shall be subject to the sam e inhibitions and 
disqualifications, and shall enjoy the same retirem ent and other 
benefits as those of an Associate Justice of the Suprem e Court and 
shall be appointed by the President.


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“S ection 
16.Qualifications, 
Ranks, 
and 
Appointments 
of 
Prosecutors, and other Prosecution Officers. -  Prosecutors with the 
rank of Prosecutor V shall have the sam e qualifications for 
appointm ent, rank, category, prerogatives, salary grade, and 
salaries, allowances, and em olum ents and other privileges, shall 
be subject to the sam e inhibitions and disqualifications, and shall 
enjoy the same retirem ent and other benefits as those of an 
associate justice of the Court of Appeals.
Prosecutors with the rank of Prosecutor IV shall have the sam e 
qualifications for appointm ent, rank, category, prerogatives, salary 
grade and salaries, allowances, em olum ents and other privileges, 
shall be subject to the same inhibitions and disqualifications, and 
shall enjoy the same retirem ent and other benefit as those of a 
Judge of the Regional Trial Court.
Prosecutors with the rank of Prosecutor 111 shall have the same 
qualifications for appointm ent, rank, category, prerogatives, salary 
grade and salaries, allowances, em olum ents and other pr-ivileges, 
shall be subject to the same inhibitions and disqualifications, and 
shall enjoy the sam e retirem ent and other benefit as those of a 
Judge of the M etropolitan Trial Court.
Prosecutors with the rank of Prosecutor II shall have the sam e 
qualifications for appointm ent, rank, category, prerogatives, salary 
grade and salaries, allowances, em olum ents and other privileges, 
shall be subject to the sam e inhibitions and disqualifications, and 
shall enjoy the sam e retirem ent and other benefit as those of a 
Judge of the Municipal Trial Court in cities.
Prosecutors with the rank of Prosecutor I shall have the sam e 
qualifications for appointm ent, rank, category, prerogatives, salary 
grade and salaries, allowances, em olum ents and other privileges, 
shall be subject to the sam e inhibitions and disqualifications, and 
shall enjoy the sam e retirem ent and other benefit as those of a 
Judge of the M etropolitan Trial Court in municipalities.
Any increase after the approval of this Act in the salaries, 
allowances or retirem ent benefits or any upgrading of the grades or 
levels thereof of any or all of the Justices or Judges referred to 
herein to whom said em olum ents are assim ilated shall apply to the 
corresponding prosecutors.
All the above prosecutors shall be selected from am ong qualified 
and professionally trained m em bers of the legal profession who arc 
of proven integrity and competence, as determ ined by the Hum an 
Resources M anagem ent Service of the NPS in accordance with the 
selection and promotion standards and process that m ust be 
established immediately after the effcctivity of this Act. All 
prosecutors of the NPS, including the Prosecutor General, shall 
serve until they reach the age of sixty five (65) years old: Provided, 
however. That the ages of "seventy (70) years" and "sixty-five (65)
Section 12. Section 16 of Republic Act No. 10071 is hereby am ended to read
as follows: 
/


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years" and the years of service "twenty (20) years" provided in 
Republic Act No. 910, as am ended, and other retirem ent laws for 
judges, shall be understood as "sixty-five (65) years" and "sixty (60) 
years," and fifteen (15) years," respectively, when applied to 
prosecutors.
The ‘qualifications for appointm ent’ m entioned in this Section and 
in Section 14 of this Act shall be in addition to the requirem ents of 
prosecutorial experience, skills, and com petencies that shall be 
established by the Hum an Resources M anagem ent Services of the 
NFS as herein provided.
Subject to Section 20 hereof, the salaries, allowances and benefits 
of all personnel of the National Prosecution Service shall be paid 
entirely out of national funds and included in the annual 
appropriations of the DOJ. Provided however, That this provision 
is w ithout prejudice to the grant of allowances to the above- 
mcnioned prosecutors by their respective local governm ents in 
am ounts not exceeding fifty-percent (50%) of their basic salaries; 
Provided, further, That the whole of the allwoancesorportion 
thereof, w hether granted by the national or local government shall 
be exem pt from the income tax.
The salaries, allowances and other em olum ents herein fixed shall 
not apply to officers other than those of prosecutors in the 
National Prosecution Service, notw ithstanding any provision of law 
assim ilating the 
salaries of other officers 
to 
those 
herein 
m entioned.
S ection 13. Section 19 of Republic Act No. 10071 is hereby am ended to read 
as follows;
S ection 19.iVb U nderm ining o f S ecu rity  o f Tenure. - Nothing in 
this Act shall be construed to allow the transfer, except as 
provided herein or in ease of tem porary assignm ent, as public 
interest may require, of any prosecutor to another office or station, 
or to underm ine the security of tenure of incum bent prosecutors 
as provided in the laws. Such tem porary assignm ent shall not 
exceed three (3) m onths w ithout his or her written consent. No 
chief of prosecution office in the National 
Prosecution Service 
shall be detailed or assigned to another office or station, except in 
a concurrent capacity and with his or her written consent.
S ection 14. A new Section 21-A shall be inserted in Republic Act No. 10071 to 
read as follows:
S ection 21-A .F orfeitable Leave Privilege.-M \ prosecutors in the 
National Prosecution Service shall be entitled annually to thirty 
(30) days forfeitable leave with pay in addition to the fifteen (15) 
days vacation leave and fifteen (15) days sick leave privileges 
provided by law. In the com putation thereof, Saturdays, Sunday 
and holidays shall be excluded.
The forfeitable leave privilege shall be non-eum ulative and non- 
convertible to eash.


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S ection 
21-B .H ozard Pay.-AW 
prosecutors 
in 
the 
National 
Prosecution Service shall, during their incum bency, be entitled to 
a monthly incentive in the form of a tax-exem pt hazard pay in the 
am ount equivalent to twenty-five percent 
[2 5 % )  of their basic 
salary per month.
Section 15. A new Section 21-B shall be inserted in Republic Act No. 10071 to
read as follows:
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S ection 16. A new Section 21-C shall be inserted in Republic Act No. 10071 to 
read as follows:
S ection 
2 1 -C .S unnvorship 
B enefits- 
Upon 
death 
of 
any 
prosecutor of the National Prosecution Service, if said prosecutor 
has retired or was in the service at the time of death, the surviving 
legitimate spouse and dependent children of said prosecutor shall 
be entitled to receive on a m onthly basis all the retirem ent benefits 
that the deceased was receiving or entitled to receive at the time of 
death under the provisions of the applicable retirem ent laws then 
in force.
A “dependent” m eans a legitimate, illegitimate or legally adopted 
child who is chiefly dependent on the above-enum erated deceased 
prosecutors, if such dependent is not more than twenty-one 
(21) years of age, unm arried and not gainfully employed, or if such 
dependent, regardless of age, is incapable of self-support because 
of m ental or physical defect.
The said surviving legitimate spouse shall continue to receive such 
retirem ent benefits during h is/h er lifetime or until h e/sh e 
rem arries; Provided, 
that if the surviving legitimate spouse is 
receiving benefits under existing retirem ent laws, h e/sh e shall 
only be entitled to the difference between the am ount provided for 
in this Act and the benefits h e/sh e is receiving; Provided further, 
that said benefits shall be granted all aforem entioned prosecutors 
of the NPS who died or retired prior to the effectivity of this Act.
Funds for the initial im plem entation of this Section shall be taken 
out of the current appropriations for the retirem ent of the 
prosecutors of the NPS an d /o r savings of said office. Thereafter, 
such sum s as may be necessary for the continued im plem entation 
of this 
Section 
shall 
be 
included 
in 
the 
annual 
general 
appropriations act.
S ection 17. Section 26 of Republic Act No. 10071 is hereby am ended to read 
as follows:
S ection 2 6 .A ppropriation. - There is hereby appropriated initially 
the sum  of One Hundred Million Pesos (PI00,000,000.00) 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 (1) year form the effectivity of this Act.
The said am ount shall be added to the annual budget of the NPS.
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S ection 18. A new Section 26-A is hereby inserted in RA 10071 to read as 
follows:
S ection 26-A. Im p lem enting R ules a n d  R egulations. - Within 
sixty (60) days from the effectivity of this Act, the Office of the 
Prosecutor General, in coordination with the Office of the Secretaiy 
of Justice and the Office of the Secretaiy of Budget and 
M anagement, shall prom ulgate such rules and regulations as may 
be necessary to carry out the provisions of this Act.
S ection 19.Repealing Clause. - All acts, laws, decrees, executive orders, letters 
of instructions and regulations or any part thereof which arc inconsistent with 
any provision of this Act are hereby repealed a n d /o r modified accordingly.
S ection 2 0 .Separability Clause. - If for any reason, any selection or provision 
of his Act is declared to be unconstitutional or invalid, the other sections or 
provisions of this Act which arc not otherwise affected shall continue in full 
force and effect.
S ection 21. Effectivity. - This Act shall take effect after fifteen (15) days 
following its publication in at least two (2) new spapers of general circulation or 
in the Official Gazette.
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Approved,
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