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Republic of the Philippines oe We
HOUSE OF REPRESENTATIVES G
Quezon City, Metro Manila Sg Y

‘TWENTIETH CONGRESS,
First Regular Session

HOUSE BILL NO. 1564

Introduced by Representative WALFREDO R. DIMAGUILA, JR.

AN ACT AMENDING SECTIONS 15 AND 16 OF REPUBLIC ACT NO. 10071,
OTHERWISE KNOWN AS THE “NATIONAL PROSECUTION SERVICE ACT OF
2010,” APPROPRIATING FUNDS THEREFORE AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Pending before the 19 Congress were House Bill No. 117, introduced by the
Hon. Roy M. Loyola, 5" District, Cavite and House Bill No. 1767, introduced by the
Hon. Marlyn B. Alonte, Lone District, Bifian City, Laguna, similarly seeking to amend
Sections 15 and 16 of Republic Act No. 10071, otherwise known as the "Prosecution
Service Act of 2010.” The bills which intend to correct and update the qualifications,
ranks, and category of prosecutors as a consequence of the upgrading by the Supreme
Court of the salary grades of first level trial courts, has been duly approved by the
Committee on Justice of the Nineteenth (19) Congress.

Section 16 of Republic Act No. 10071 provides that qualifications for
appointment, rank, category, prerogatives, salary grade and salaries, allowances,
emoluments, retirement benefits and other privileges of prosecutors shall be the same
as those of the corresponding justices and judges, and that any increase in the
salaries, allowances or retirement benefits or any upgrading of salary grades of the


justices or judges to_wh: molt

corresponding prosecutors.

On June 26, 2018, the Supreme Court En Banc Resolution in A.M. No. 17-09-
07-SC, upgraded the salary grades of first level court judges in the provinces from SG
26 and SG 27 to SG 28. In doing so, the Supreme Court has_effectively removed the

listinction and disparity in salaries and sali between first level trial courts in
he win ind their counter, in Me Manila.

Present! tors in Metro Manila also enjoy higher salaries and sal

in_the
Id re al: ved.

Hence, in order to correct and update the qualifications, ranks, and category of
prosecutors and arrive at a standard, uniform and consistent salary grades of
prosecutors nationwide, it is imperative to amend Sections 15 and 16 of Republic Act
No. 10071, by upgrading all with salary gr: 26 al 27 t
salary grade (SG) 28; all Deputy City Prosecutors (in the provinces) and Deputy
Provincial Prosecutors with salary grade (SG) 28 to salary grade (SG) 29; and all City
Pr in winces) and Provincial Pr¢ except those with at least
twenty-five (25) Assistant Prosecutors, to salary grade (SG) 30.

The amendment sought will not have the effect of unfairly removing the salary
distinction between the affected Provincial and City Prosecutors, and the Senior
Deputy State Prosecutors and Regional Prosecutors who also have salary grade (SG)
30) since said Senior Deputy State Prosecutors and Regional Prosecutors enjoy higher
salary Step Increments (Step 6 and Step 5, respectively) upon appointment.

As the third pillar of the country’s criminal justice system, the crucial role of
prosecutors in the speedy and efficient dispensation of justice cannot be
overemphasized. Without the prosecutors, the vision of 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 be a myth. Prosecutors, particularly in the
provinces, therefore deserve the outmost support that government can extend.

Immediate approval of this bill is therefore earnestly sought.

Nain FREDO Rj Diy GUILA, JR.


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

‘TWENTIETH CONGRESS
First Regular Session

House Lt No. 1564

Introduced by Representative WALFREDO R. DIMAGUILA, JR.

AN ACT AMENDING SECTIONS 15 AND 16 OF REPUBLIC ACT NO. 10071,
OTHERWISE KNOWN AS THE “NATIONAL PROSECUTION SERVICE ACT OF
2010,” APPROPRIATING FUNDS THEREFORE AND FOR OTHER PURPOSES

Be it enacted by the Senate and the 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:

Sec. 15. Ranks of Prosecutors. - The prosecutors in the National

Prosecution Service shall have the following ranks and salary grades

RANK POSITION/TITLE
Prosecutor V (1) Senior Deputy State
(SG 30) Prosecutors;
(2) Regional
Prosecutors;

(3) Provincial


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28
29

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Prosecutor IV
(SG 29)

Prosecutor III

Prosecutors;
(4) City Prosecutors

(1) Deputy State
Prosecutors;

(2) Deputy Regional
Prosecutors;

(3) Deputy Provincial
Prosecutors;

(4) Deputy City
Prosecutors

(1) Senior Assistant State
Prosecutors;

(2) Senior Assistant
Regional Prosecutors;
(3) 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


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

All prosecutors with salary grade of SG 27 and SG 26, 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 been upgraded shall
henceforth be referred to as Assistant Provincial Prosecutors and
Assistant City Prosecutors, respectively.

SECTION 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 disqualifications, and
shall enjoy the same retirement and other benefits as those of a
Judge of the Regional Trial Court.


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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 shail 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.


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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, induding 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.

SECTION 3. Automatic Increase. All pension benefits of retired prosecutors
of the National Prosecution Service (NPS) shall, upon the approval of this Act, be
automatically increased in accordance with Section 23 of Republic Act No. 10071 and
the provisions herein.

SECTION 4. Funding. 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.


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SECTION 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.

SECTION 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.

SECTION 7. Fffectivity. This Act shall take effect fifteen (15) days after its

publication in at least two (2) newspapers of general circulation.

APPROVED.