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

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILLNO.___244°7

Tntroduced by:
REP. CESAR G. JALOSJOS, SETH FREDERICK P. JALOSJOS, ROMEO M.
JALOSIOS, JR., RANULFO CANONIGO AND JONATHAN C. YAMBAO

EXPLANATORY NOTE

This bill seeks to create the position of Municipal Prosecutor in every
municipality of the country. The municipal prosecutor contemplated herein will handle
the prosecution of all criminal actions within the jurisdiction of the Municipal Trial
Courts (MTC) and the conduct of preliminary investigation for offenses within the
jurisdiction of the Regional Trial Courts (RTC).

Under Section 5 Rule 110 of the Revised Rules of Court, “All criminal actions
cither commenced by complaint or by information shall be prosecuted under the direction
and control of the fiscal (now Provincial Prosecutor). However, in the Municipal ‘Trial
Courts or Munic Circuit Trial Courts when there is no fiscal available, the offended
party, any peace officer or public officer charged with the enforcement of the law
violated may prosecute the case,

In actual practice, rarely, does the fiscal appear before the Municipal Trial Courts
or Municipal Circuit Trial Courts. The reason among others, are the heavy backlog of
cases being tried with the Regional Trial Courts, the lack of transportation facilities to the
far-flung municipalities and the very limited number of fiscals assigned in the province

As a consequence, postponement usually occurs and the prosecutions of offenses
in the municipalities are left to the offended party by hiring a private prosecutor or with
the Chief of Police (now Station Commander).

However, it is the collective experience of our citizens that when the Chief of
Police is not a member of the Philippine Bar, he is unable to effectively undertake the
investigation and prosecution of offenses. Being without basic knowledge in criminal
procedure, the Chief of Police faces difficulty in the arena of the courtroom when pitted
against experienced defense lawyers. These shortcomings result in the outright dismissal
of the case to the utter frustration of the complaining citizen.

Moreover, even if the Chief of Police is a member of the Philippine Bar, the
present policy and set-up of the Philippine National Police authorizes his transfer or re-
assignment anytime, to another province or municipality thus affecting his continued
appearance during trial dates. Furthermore, the maintenance of peace and order being his
primary responsibility, his court appearances most often is jeopardized


Passage of this measure will, therefore (1) unburden the Provincial Prosecutor and
his assistants from the prevailing heavy workload and allow them to concentrate with the
criminal cases before the Regional ‘Trial Courts, (2) guarantee an effective and
uninterrupted prosecution of offenses in the Municipal Courts, (4) and secure to the
offended party or crime-victims the speedy prosecution of the cases. The creation of the
position of municipal prosecutor in every municipality will answer the aforementioned
concerns and contribute immensely to the improvement of the criminal justice system.

In view of the foregoing, the passage of this bill is earnestly sought

all
(lh we AEE ns on

iS
REP. Cl RG. SA!

3" District, Zambos Del Norte District, Zamboanga Del Norte

EO M. JALOSJOS,
2™ District, Zamboanga Sibug


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

FIFTEENTH CONGRESS:
First Regular Session

HOUSE BILLNO__244

Tntroduced by:
sAR G. JALOSJOS, SETH FREDERICK P. JALOSJOS, ROMEO M.
JOS, JR., RANULFO CANONIGO AND JONATIIAN C, YAMBAO

THE POSITION OF MUNICIPAL PROSECUTOR IN
|PALITY AND APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Declaration Policy — The state shall guarantee the orderly
administration of the criminal justice system and vigorously pursue the speedy
disposition of criminal cases in every municipality. The effective and efficient
investigation and prosecution of offenses cognizable before the Municipal Trial Courts
can only be attained by the creation of a municipal prosecutor in every municipality.

SECTION 2. Mandate — There shall be created, in each and every municipality,
the position of Municipal Prosecutor to carry out the policy declared in the preceding
section,

‘The Municipal Prosecutor shall be appointed by the President of the Philippines
upon recommendation of the Secretary of Justice.

He shall be under the direction, control and supervision of the Provincial
Prosecutor of the province where the municipality is located

SECTION 3. Duties and Functions — To accomplish this mandate, the
Municipal Prosecutor shall have the following duties and functions:

SECTION 4. Qualifications — No person shall be appointed Municipal
Prosecutor unless he is a citizen of the Philippines, of good moral character, a member of
the Philippine Bar and engaged in the practice of his profession for atleast two (2) years.

In the absence of a member of the Philippine Bar, any person who is competent
barrister or law graduate from a duly recognized educational institution with proper
credentials and/or attestations and with atleast three (3) years of para-legal work or
apprenticeship from a reputable law firm or office maybe appointed to the position. The
Secretary of Justice shall provide for the qualifying guidelines for the implementation of
this paragraph.

SECTION S. Tenure of Office ~ The Municipal Prosecutor shall serve until
reaching the age of retirement with all the benefits and privileges granted by the National
Government.


SECTION 6. Compensation — The Municipal Prosecutor shall be entitled to a
minimum monthly compensation equivalent to the compensation presently received by
the Fourth Assistant Provincial Prosecutor in accordance with the Salary Standardization
Law. He shall, likewise, be entitled to the allowances, increases and other form of salary
adjustments.

SECTION 7. Rules and Regulations ~ The Secretary of the Department of
Justice shall promulgate the necessary rules and regulations for the implementation of
this Act.

SECTION 8. Appropriations — The funds necessary for the immediate
implementation of this Act shall be charged against the savings of the budget of the
Department of Justice. Thereafter, each sums as may be necessary to carry the provisions
of this Act shall be included in the budget of the Department of Justice under the General
Appropriations Act

SECTION 9. Repealing Clause ~ All laws, decrees, rules and regulations
inconsistent with the provisions of the Act are hereby repealed or modified accordingly.

SECTION 10. Effectivity ~ This Act shall take effect upon approval