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

Fifteenth Congress
First Regular Session

HOUSE BILL NO. 1993

Introduced by Honorable Rodante D. Marcoleta

EXPLANATORY NOTE

This bills seeks to repeal Republic Act (RA) No. 9279, otherwise known
as “An Act Granting Additional Compensation in the Form of Special
Allowances for the Members of the National Prosecution Services and the State
Counsels in the Department of Justice, and For Other Purposes.”

On March 30, 2004, RA 9279 was enacted to provide for additional
compensation in the form of special allowances to members of the National
Prosecution Service and the State Counsels in the Department of Justice.
Under Section 3 of the same law, the funding source of the additional
compensation granted shall be from the collections of the National Prosecution
Service and the Office of the Chief State Counsel of the Office of the Secretary
of Justice from any increases in fees or new fees that they are authorized to
assess for various services rendered in accordance with Section 54 of Executive
Order No. 292 or the Administrative Code of 1987, and Batas Pambansa Blg.
325, among other laws. These collections shall be deposited as a Special Trust
Fund which shall be administered by the Secretary of Justice for the benefit of
the members of the National Prosecution Service, the Office of the Chief State
Counsel and the undersecretaries concerned, and shall be made available for
payments of benefits therein provided.

On the basis of the said law, the Department of Justice issued
Department Order No. 42 on September 14, 2004 which prescribes the
schedule of legal fees to be collected by the National Prosecution Service. Said
fees apply to criminal complaints, appeals and petitions for review, motions or
pleadings for consideration or comment of prosecutors and other services such
as mediation, special proceeding, administration of oath and certification.

On April 08, 2010, however, Republic Act No. 10071, otherwise known
as the “Prosecution Service Act of 2010,” was enacted to strengthen and
rationalize the National Prosecution Service. It created and established a
National Prosecution Service to be composed of the prosecution staff in the
Office of the Secretary of Justice, regional prosecution offices, offices of the
provincial prosecution and offices of the prosecutor which shall be primarily
responsible for the preliminary investigation and prosecution of all cases


involving violations of penal laws. Said law specifically mentions such special
allowances, to wit:

“Sec. 20. Special Allowanges. — The special allowances
granted to the members of the National Prosecution Service under
RA 9279 shall continue to be given them subject to the provisions
hereof: Provided, That the amount not supported by the funding
source specified in Section 3 thereof to complete the equivalent of
hundred percent (100%) of the basic salary shall be paid through
appropriations included in the budget of the DOJ: Provided,
further, That when the amount being supported by the said
funding source shall have been also included in the General
Appropriations, the fees authorized under Section 3 shall no
longer be collected.”

Based on Section 20 of RA 10071, it is clear that the funds necessary to
cover the special allowances granted to the members of the National
Prosecution Service may be sourced from the budget of the DOJ and may be
included in the General Appropriations, and do not have to come from the legal
fees collected or increases assessed from various services rendered, which are
prohibitive especially to litigants who can barely afford to file a lawsuit.
Although the government is required to give free access to courts to poor
litigants as enshrined under Section 11 of the Bill of Rights of the Constitution,
even the DOJ acknowledges that certain prosecutors’ offices refuse to exempt
Public Attorney’s Office clients from paying docket fees. Those who do not
fall into the category of being “poor” and who wish to seek justice from the
courts often feel discouraged to file lawsuits due to the ensuing legal fees.

Moreover, considering that criminal cases are prosecuted in the name of
the “People of the Philippines,” the State’s support to litigants, especially the
poor, is essential in ensuring that their right to seek redress for violations
committed against them is upheld and that they are not discouraged to pursue
their cases by reason of the corresponding legal fees and other subsequent costs
that they may incur.

Prescribing higher legal fees for the purpose of providing special
allowances “commensurate to their positions and functions” to the members of
the National Prosecution Services and State Counsels in the DOJ runs counter
to the Constitutional mandate to promulgate rules to foster inexpensive
litigation and for the rendition of justice to be conveniently made accessible to
all. Said special allowances should be made available through funds properly
appropriated by the government for the purpose and should not be borne by the
citizenry. On account of these fees, justice tends to become elusive and anti-
poor.

In recognition of the age-old precept that the stability of the state
depends on its capacity to dispense justice to its people, approval of this bill is
earnestly sought.

RODANTE D. MARCOLEJA


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

Fifteenth Congress
First Regular Session

HOUSE BILL NO. 1993

Introduced by Honorable Rodante D. Marcoleta

AN ACT
ABOLISHING THE GRANT OF ADDITIONAL COMPENSATION IN
THE FORM OF SPECIAL ALLOWANCES TO THE MEMBERS OF THE
NATIONAL PROSECUTION SERVICES AND THE STATE COUNSELS
IN THE DEPARTMENT OF JUSTICE, REPEALING FOR THE PURPOSE
REPUBLIC ACT NO, 9279

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

SECTION 1. Republic Act No. 9279, entitled “An Act Granting
Additional Compensation in the Form of Special Allowances for the Members of
the National Prosecution Services and the State Counsels in the Department of
Justice, and For Other Purposes,” is hereby repealed.

SEC. 2. Section 20 of Republic Act No. 10071 and all laws, decrees,
executive orders, proclamations, rules and regulations, and issuances, or parts
thereof, which are inconsistent with the provisions of this Act are hereby repealed
or amended accordingly.

SEC. 3. This Act shall take effect fifteen (15) days after its publication in
at least two (2) national newspapers of general circulation.

Approved,