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

Ky
3 RECEIVED

Twentieth Congress
First Regular Session

House BillNo. 1572

Introduced by Honorable Roy M. Loyola

EXPLANATORY NOTE

Sections 15 and 16 of Republic Act No. 10071 otherwise known as ihe
‘Prosecution Service Act of 2010” provide that prosecutors’ qualifications,
ranks, category, prerogative, salary grade and salaries, allowances,
emoluments, retirement benefits and other privileges, among others, should be
the same as those of the corresponding Justices and Judges.

However, in an en banc resolution of the Supreme Court dated June 26, 2018,
the Supreme Court increased the salaries of the country’s first-level court

judges, from the previous 102,000-114,000 io 127,000 monthly. They would
now be under Salary Grade 28, from the previous Salary Grade 26 and 27.

The upgrading should have been applied also to the corresponding prosecutors
as mandated by our law, but they have been excluded by the said Supreme
Court resolution.

Thus, this proposed measure aims to amend Sections 15 and 16 of Republic
Act No. 10071 to correct and to update the qualifications, ranks, and category
of prosecutors as a consequence of the upgrading of the positions of justices
and judges provided for by the said Supreme Court En Banc resolution.

At the heart of a strong justice system is the indispensable and complementary
role of the State’s prosecutorial arm. The National Prosecution Service (NPS)
is mandated to uphold the rule of law as a component of the justice system.
However it is sad to note that our prosecutors eam less than those in the
Judiciary.

Thus, imm: approval of this bill is eamestly sought

Fifth District, Cavite

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

Twentieth Congress
First Regular Session

House Bill No.__1572

Introduced by Honorable Roy M. Loyola

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 in Congress
assembled:

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

Sec. 15. Ranks of Prosecutors. - The prosecutors in the National
Prosecution Seiwice shall have the following ranks and salary grades:

Rank Position/Title
Prosecutor V (1) Senior Deputy State Prosecutors
(SG 30) (2) Regional Prosecutors
(3) Provincial Prosecutors
(4) City Prosecutors
Prosecutor IV (1) Deputy State Prosecutors
(8G 29) (2) Deputy Regional Prosecutors

(3) Deputy Provincial Prosecutors
(4) Deputy City Prosecutors

Prosecutor Ill (1) Senior Assistant State Prosecutors
(SG 28) (2) Senior Assistant Regional Prosecutors
(3) Senior Assistant Provincial Prosecutors
(4) Senior Assistant City Prosecutors
(5) Assistant State Prosecutors
(6) Assistant Regional Prosecutors


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(7) Assistant Provincial Prosecutors
(8) Assistant City Prosecutors

(9) Associate Provincial Prosecutors
(10) Associate City Prosecutors

Provincial Prosecutors and City Prosecutors with salary grades of SG
29, Deputy Provincial Prosecutors and Deputy City Prosecutors with
salary grades of SG 28, at the time of the approval of this Act, shall be
automatically upgraded one rank higher and shall have the
corresponding position titles as provided herein.

All Prosecutors with salary grades of SG 26 and SG 27, at the time of
the approval of this Act. shall be deemed upgraded to SG 28 and shall
likewise have the corresponding position titles as provided herein.

All Associate Provincial Prosecutors and Associate City Prosecutors
whose salary grades have herein been deemed upgraded shall
henceforth 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,


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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 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


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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. Automatic Increase. All pension benefits of retired prosecutors
of the National Prosecution Service (NPS) shall be automatically increased in
accordance with Section 23 of Republic Act No. 10071, as amended.

SEC. 4, Funding. - The Department of Justice (DOv) 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.


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SEC 5. Separability Clause. - 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 6. Repealing Clause. - All laws, decrees, executive orders,
issuances, rules and regulations or parts thereof inconsistent with this Act are

hereby repealed or modified accordingly.

SEC 7. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,