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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
Second Regular Session

HOUSE BILL NO. 7315

Introduced by REPRESENTATIVE FREDENIL H. CASTRO

EXPLANATORY NOTE

R.A. No. 10071, otherwise known as the National Prosecution Service Act of
2010, greatly improved the ability of the National Prosecution Service to represent the
State in the criminal justice system. The law re-tooled our prosecutors in the pursuit
of justice, prosecution of the guilty, and protection of the innocent.

Eight years on, the Department notes several aspects of the law the requires a
revisit by the legislature, particularly on the appointment, assignment, and other
personnel matters required to effectively and efficiently utilize the human resources
of the National Prosecution Service.

Salient among the features of the proposed amendment is authorizing the
Secretary of Justice to appoint Prosecution Attorneys, Prosecutor I (Associate
Provincial or City Prosecutors), II (Assistant State, Provincial, or City Prosecutors) and
III (Senior Assistant State, Provincial, or City Prosecutors).

Pursuant to the current law, the President appoints all prosecutors, including
the Prosecutor General, from the rank of Prosecutor I to V. Considering that the
appointment of assistant prosecutors requires immediate attention in order to fully
serve the Courts and the public, it is highly recommended that the Secretary of Justice
be authorized to appoint prosecutors of the said rank, reserving the appointment of
Chiefs of Offices and High-level prosecutor ranks to the President.

Moreover, the proposed amendatory law includes a provision empowering the
Secretary of Justice to temporarily re-assign prosecutors to field offices in the interest
of the services and in order to address immediate needs. The adage that justice
delayed is justice denied finds it most important meaning in the investigation stage of
the criminal justice system. Having field prosecution offices underserved leaves the
public vulnerable to prolonged incarceration or unduly protracted settings of
preliminary investigation. In granting the Department of Justice appropriate power to
temporarily augment the prosecutors serving a particular station, backlogs and other
concerns in local Courts and offices will be address and accordingly acted upon.


Alas, an effective and efficient National Prosecution Service envisioned under
the abovementioned proposals obliges a commensurate protection granted to our
prosecutors. Thus, the proposed amendatory law also provides adequate benefits for
the prosecutors in the form of retirement rules, legislated forfeitable leaves, and
hazard pay. It is hoped that with the benefits granted, the heavy burden of
prosecutorial work will be alleviated and recompensed enough for the National
Prosecution Service a viable option for the best and the brightest lawyers of the
country.

For these reasons, the passage of this bill is most urgently sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
Second Regular Session

HOUSE BILL NO. 7315

Introduced by REPRESENTATIVE FREDENIL H. CASTRO

AN ACT TO STRENGTHEN THE NATIONAL PROSECUTION SERVICE ACT,

AMENDING FOR THE PURPOSE, SECTION 16 AND 19 OF REPUBLIC ACT

NO. 10071, OTHERWISE KNOWN AS “PROSECUTION SERVICE ACT OF
2010, AND FOR OTHER PURPOSES

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

SECTION 1. Section 16 of Republic Act No. 10071 is hereby amended to read
as follows:

“Section 16. Qualifications, Ranks, and
Appointments of Prosecutors, and other
Prosecution Officers. - 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 a n 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 retirement and other benefit as those of a Judge of
the Municipal Trial Court in cities.

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 in municipalities.

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. Prosecutor V and IV shall be appointed by
the President of the Philippines upon the recommendation
of the Secretary of Justice, while Prosecutor III, II and I
shall be appointed by the Secretary of Justice. The
prosecutors 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) years” and the
years of service “twenty (20) years” provided in Republic
Act No. 910 as amended, and other retirement laws for
judges shall be understood as “sixty-five (65) years” and
“sixty (60) years” and “fifteen (15) 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 25. 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 the 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 the 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 provision of law assimilating the
salaries of other officers to those herein mentioned.”

SEC. 2. Section 19 of Republic Act No. 10071 is hereby amended to read as
follows:

Section 19. No Undermining of Security of
Tenure -

Nothing in this Act shall be construed to allow the
transfer, except as provided herein or in case of temporary
assignment or detail, as public interest may require, of any
prosecutor, including any regional, provincial or city
prosecutor, to any place or station in the National
Prosecution Service. Such temporary assignment or detail
shall, when the exigencies of the service so require, be
effective until the Secretary of Justice so decides that such
temporary assignment is no longer necessary.

SEC. 3. A new Section 21-A shall be inserted in Republic Act No. 10071 to read
as follows:


Section 21-A. Forfeitable Leave Privilege. - A\l
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 computation thereof, Saturdays, Sundays and holidays
shall be excluded.

The forfeitable leave privilege shall be non-
cumulative and non-covertible to cash.

SEC. 4. A new Section 21-B shall be inserted in Republic Act No. 10071 to read
as follows:

Section 21-B. Hazard Pay. — All prosecutors in the
National Prosecution shall, during the incumbency, be
entitled to a monthly incentive in the form of a tax-exempt
hazard pay in the amount equivalent to twenty-five
percent (25%) of their basic salary per month.

SEC. 5. A new Section 21-C shall be inserted in Republic Act No. 10071 to read
as follows:

Section 21-C. Survivorship Benefits. - 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 monthly basis all the retirement benefits that
the deceased was receiving or entitled to receive at the
time of death under the provisions of the applicable
retirement laws then in force.

A “dependent” means a legitimate, illegitimate or
legally adopted child who is chiefly dependent on the
above-enumerated deceased NPS prosecutors, if such
dependent is not more than twenty-one (21) years of age,
unmarried and not gainfully employed, or if such
dependent, regardless of age, is incapable of self-support
because of mental or physical defect.

The said surviving legitimate spouse shall continue
to receive such retirement benefits during his/her lifetime
or until he/she remarries; Provided, that if the surviving
legitimate spouse is receiving benefits under existing
retirement laws, he/she shall only be entitled to the
difference between the amount provided for in this Act and


the benefits he/she is receiving; Provided further, that said
benefits shall be granted all aforementioned prosecutors
of the NPS who died or retired prior to the effectivity of
this Act.

Funds for the initial implementation of this Section
shall be taken out of the current appropriations for the
retirement of the prosecutors of the NPS and/or savings of
said office. Thereafter, such sums as may be necessary
for the continued implementation of this Section shall be
included in the annual general appropriations act.”

SEC. 6. Separability Clause. — if any provision or part hereof is held invalid
or unconstitutional, the remainder of the law or the provision not otherwise affected
shall remain valid and subsisting.

SEC. 7. Repealing Clause. — All laws, presidential decrees or issuances,
executive orders, letters of instruction, administrative orders, rules and regulations,
contrary to or inconsistent with the provisions of this Act are hereby repealed, modified
or amended accordingly.

SEC. 8. Effectively. - This Act shall take effect fifteen (15) days after its
complete publication in at least two (2) newspapers of general circulation.

Approved,