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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

H.B.No._4217

Introduced by: HON. LORD ALLAN JAY Q. VELASCO

“AN ACT AMENDING SECTIONS 15 AND 16 OF REPUBLIC ACT 10071
OTHERWISE KNOWN AS THE ‘NATIONAL PROSECUTION SERVICE ACT OF
2010,’ APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES”

EXPLANATORY NOTE

As the third pillar of this country’s criminal justice system, the crucial role of the National
Prosecution Service (NPS) of the Department of Justice in the speedy and efficient
dispensation of justice cannot be overemphasized.

Without the NPS, the vision of, among others, providing the public an effective system or
process in the community by which crimes are investigated and persons suspected thereof
taken into custody, prosecuted in court and punished if found guilty, would simply remain
to bea myth.

Hence, the NPS deserves the utmost support the government can extend to an equally
important component or agency in the Executive Department.

Sections 15 and 16 of Republic Act No. 10071, otherwise known as the “Prosecution Service
Act of 2010,” provide for the qualifications, ranks, category, prerogatives, salary grade and
salaries, allowances, emoluments, retirement benefits and other privileges, among others, of
prosecutors to be the same as those of the corresponding justices and judges, as follow:

Prosecutor with the rank of Prosecutor V shall have the same qualification for
appointment, rank, category, prerogatives, salary grade, and salaries,
allowances, and emoluments and other privileges, shall be subject to the same
inhibitions and disqualifications; and shall enjoy the same retirement and other
benefits as those of an Associate Justice of the Court of Appeals.

Prosecutors with the rank of Prosecutor IV shall have the same qualifications
for appointment, rank, category, prerogatives, salary grade and salaries,
allowances, emoluments and other privileges, shall be subject to the same
inhibitions and disqualifications; and shall enjoy the same retirement and other
benefit as those of a Judge of the Regional Trial Court.

Prosecutor with the rank of Prosecutor III shall have the same qualifications
for appointment, rank, category, prerogatives, salary grade and salaries,
allowances, emoluments and other privileges, shall be subject to the same
inhibitions and disqualifications; and shall enjoy the same retirement and other
benefit as those of a Judge of the Metropolitan Trial Court

Prosecutor with the rank of Prosecutor II shall have the same qualifications for
appointment, rank, category, prerogatives, salary grade and_ salaries,
allowances, emoluments and other privileges, shall be subject to the same


inhibitions and disqualifications; and shall enjoy the same retirementand other
benefit as those of a Judge of the Municipal Trial Court in cities.

Prosecutor with the rank of Prosecutor I shall have the same qualifications for
appointment, rank, category, prerogatives, salary grade and salaries,
allowances, emoluments and other privileges, shall be subject to the same
inhibitions and disqualifications; and shall enjoy the same retirement and other
benefit as those of a Judge of the Municipal Trial Court.

Paragraph 6, of the same Section 16 of the Act, further provides, that:

Any increase after the approval of this Act in the salaries, allowances or
retirement 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 emoluments are
assimilated shall apply to the corresponding prosecutors. (emphasis and
underscoring supplied)

In an En Banc Resolution issued on June 26, 2018, the Supreme Court upgraded the positions
of the Judges of all first level courts as follow:

AM. No. 17-09-07-SC (Re: Upgrading of the Salary Grades of the Judges of the
Municipal Trial Courts, Municipal Circuit Trial Courts, and Shari’a Circuit
Trial Courts, and Municipal Trial Courts in Cities from Salary Grade (SG) 26
and SG 27, respectively, to SG 28) - The Court Resolved to

(a) NOTE the Memorandum dated June 25, 2018 of Atty. Corazon G.
Ferrer-Flores, Deputy Clerk of Court and Chief, Fiscal Management
and Budget Office, submitting her report on the instant
administrative matter;

(b) GRANT the Petition dated August 22, 2017 filed by Judge Ricky C.
Regino, in his capacity as National President of the Philippine Trial
Judges League, Inc; and

(0) UPGRADE the positions of the judges of all first level courts as
follows
(i) Municipal Trial Courts, Municipal Circuit Trial Courts
and Shari’a Circuit Courts, from SG 26 to SG 28; and

(ii) Municipal Trial Court in Cities, from SG 27 to SG 28.
XX XX XX

Applying, therefore, the aforequoted paragraph 6, Section 16 of Republic Act No. 10071, in
relation to the subject En Banc Resolution of the Supreme Court in A.M. No. 17-09-07-SC, all
prosecutors with the salary grades of SG 26 and SG 27 shall, by force of law, likewise be
deemed upgraded to SG 28.

The upgrading of the salary grades or levels of the concerned prosecutors to SG 28, however,
would cause a distortion in the qualifications, ranks and category of prosecutors as provided
in Sections 15 and 16 of the same Act, since the concerned prosecutors will now have the
same qualifications, ranks and category as those of the deputy city and deputy provincial
prosecutors and other higher level prosecutors who presently have the salary grades of SG

Meanwhile, all city prosecutors in the city prosecution offices of Metro Manila, regardless of
the size of their offices and the number of their assistants, enjoy the salary grade of SG 30;



while the city and provincial prosecutors outside of Metro Manila, unless they have at least
25 assistants, only had salary grades of SG 29.

In order to remedy the seeming distortion in the qualifications, ranks and category of
prosecutors as provided in Sections 15 and 16 of Republic Act No. 10071, asa result of the
upgrading, as mandated by law, of the salary grades of all assistant prosecutors to SG 28,
and so as to arrive ata standard, uniform and consistent salary grades or levels of all associate
city and associate provincial prosecutors; assistant city and assistant provincial prosecutors;
deputy city and deputy provincial prosecutors, and city and provincial prosecutors
throughout the country (that is: SG 28 for all associate city and associate provincial
prosecutors; assistant city and assistant provincial prosecutors; SG 29 for all deputy city and
deputy provincial prosecutors; and SG 30 for all city and provincial prosecutors), it is now
imperative to amend Sections 15 and 16 of the same Act.

In view thereof, the approval of this bill is earnestly sought.

LORD ALLAW JAY Q. VELASCO


Republic of the Philippines

HOUSE OF REPRESENTATIVES

Quezon City, Metro Manila

EIGHTEENTH CONGRESS

First Regular Session

H.B. No. __4937

Introduced by: HON. LORD ALLAN JAY Q. VELASCO.

“AN ACT AMENDING SECTIONS 15 AND 16 OF REPUBLIC ACT 10071
OTHERWISE KNOWN AS THE ‘NATIONAL PROSECUTION SERVICE ACT OF
2010,, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES”

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Section 15 of Republic Act No. 10071 is hereby amended to read as follows:

Src. 15. Ranks of Prosecutors. - The Prosecutors in the National
Prosecution Service shall have the following ranks and salary

grades:
RANK

Prosecutor V
(6G 30)

Prosecutor IV

(6G 29)

Prosecutor III
(6G 28)

POSITION/ TITLE

(1) Senior Deputy State Prosecutors
(2) Regional Prosecutors

(3) Provincial Prosecutors

(4) City Prosecutors

(1) Deputy State Prosecutors

(2) Deputy Regional Prosecutors
(8) Deputy Provincial Prosecutors
(4) Deputy City Prosecutors

(1) Senior Assistant State Prosecutors

(2) Senior Assistant Regional
Prosecutors

(8) Senior Assistant Provincial
Prosecutors

(4) Senior Assistant City Prosecutors

(5) Assistant State Prosecutors.

(6) Assistant Regional Prosecutors

(7) Assistant Provincial Prosecutors

(8) Assistant City Prosecutors

(9) Associate Provincial Prosecutors

(10) Associate City Prosecutors

All Associate Provincial Prosecutors and Associate City
Prosecutors whose salary grades have herein been upgraded
shall be referred to as Assistant Provincial Prosecutors and
Assistant City Prosecutors, respectively.


SEC. 2. Section 16 of Republic Act No. 10071 is hereby amended to read as follows:

SEC. 16. Qualifications, Ranks, and Appointments of Prosecutors and
other Prosecution Officers. - Prosecutors with the rank of
Prosecutor V shall have the same qualifications for
appointment, rank, category, prerogatives, salary grade and
salaries, allowances, emoluments and other privileges, shall be
subject to the same inhibitions and disqualifications, and shall
enjoy the same retirement and other benefits as those of an
Associate Justice of the Court Appeals.

Prosecutors with the rank of Prosecutor IV shall have the same
qualifications for appointment, rank, category, prerogatives,
salary grade and salaries, allowances, emoluments and other
privileges, shall be subject to the same inhibitions and
disqualification, and shall enjoy the same retirement and other
benefits as those of a Judge of the Regional Trial Court.

Prosecutors with the rank of Prosecutor III shall have the same
qualifications for appointment, rank, category, privileges,
salary grade and salaries, allowances, emoluments and other
privileges, shall be subject to the same inhibitions and
disqualifications, and shall enjoy the same retirement and other
benefits as those of a Judge of the Metropolitan Trial Court.

Any increase after the approval of this Act in the salaries,
allowances or retirement 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 emoluments are assimilated
shall apply to the corresponding prosecutors.

All the above prosecutors shall be selected from among
qualified and professionally trained members of the legal
profession who are of proven integrity and competence. They
shall be appointed by the President of the Philippines upon
recommendation of the Secretary of Justice and shall serve until
they reach the age of sixty-five (65) years old: Provided, however,
That the ages of “seventy years” and “sixty-five years” and the
years of service “twenty years” provided in Republic Act No
910, as amended, and other retirement laws for judges shall be
understood as “sixty-five years” and “sixty years,” and “fifteen
years,” respectively, when applied to prosecutors.

A prosecution attorney or special counsel shall be a member of
the bar in good standing and shall have a salary under Salary
Grade 26. Such prosecution officer shall be appointed by the
Secretary of Justice: Provided, however, That with respect to a
special counsel, his/her appointment shall be upon the
recommendation of the provincial governor or city mayor and
with the endorsement of the provincial prosecutor or city
prosecutor, as the case may be.

Subject to Section 20 hereof, the salaries and allowances of
regional, provincial and city prosecutors and their assistants,


and the members of the prosecution staff, including
prosecution attorneys, shall be paid entirely out of national
funds and included in the annual appropriations of the DOJ:
Provided, however, that this provision is without prejudice to the
grant of allowances to the above-mentioned prosecutors by
their respective local governments in amounts not exceeding,
fifty percent (50%) of their basic salaries: Provided, further, That
the whole of the allowances or portion thereof, whether
granted by the national or local government, shall be exempt
from income tax.

The salaries, allowances and other emoluments herein fixed
shall not apply to officers other than those of prosecutors in the
National Prosecution Service, notwithstanding any provisions
of law assimilating the salaries of other officers to those herein
mentioned.

SEC. 3. The Department of Justice (DOJ) shall include in its programs the immediate
implementation of this Act. The funding requirements for the corresponding salary
adjustments herein shall be included in the General Appropriations Act. The Department
of Budget and Management (DBM) shall immediately issue the corresponding, Notice of
Organization, Staffing and Compensation Action (NOSCA) and release the consequent
funds.

SEC. 4. If, for any reason, a portion of this Act is declared unconstitutional or invalid, the
same shall not affect the validity of the other provisions not affected thereby.

SEC. 5. All laws, decrees, executive orders, issuances, rules and regulations or parts
thereof inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 6. This Act shall take effect fifteen (15) days after its publication in at least two (2)
newspapers of general circulation.

Approved,