Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

H. BL no,__ 442

Introduced by HONORABLE JUAN EDGARDO “SONNY” M. ANGARA

EXPLANATORY NOTE

The prosecutors of both the Department of Justice and the Office of the Ombudsman
discharge a vital role in our criminal justice system. They share the heavy task of maintaining
and upholding the rule of law. In their everyday life, they carry the uncommon burden of
prosecuting offenders, as they prove their case through the entire judicial mill,

Such a way of life exacts complete devotion and dedication from our prosecutors. It is a
sad commentary, however, that existing legislations all fall short in the appreciation of their
work.

Thus, there is an urgent need to address this inequity, if only to stem the tide of
demoralization that is slowly creeping within the ranks of our prosecutors. It is difficult for them
to become effective partners in the fight for justice, when they themselves are laboring under
oppressive conditions. Though it is their bounden duty to preserve the laws, it is a supreme
irony that these laws seem oblivious to their own plight and needs.

Consistent with the intent to address the plight of our prosecutors, this proposed bill aims
to establish for them a generous retirement benefit package. There is an urgent need to provide
a solid and competitive retirement package commensurate to the demands and pressure
exacted from them

Because in the end - itis trite but it is true - justice is about giving one’s fair share, and
it is high time that we give our prosecutors what is due them

Its for these reasons that the immediate passage of this bill is earnestly requested

ee
Le oe
JUAN EDG; “SONNY” M. ANGARA
Represe
Lone District, Province of Aurora


FIFTEENTH CONGRESS OF THE +)
REPUBLIC OF THE PHILIPPINES —_)
First Regular Session )

Introduced by Honorable JUAN EDGARDO “SONNY” M. ANGARA

AN ACT
ESTABLISHING A RETIREMENT BENEFIT SYSTEM
FOR PROSECUTORS IN THE NATIONAL PROSECUTION SERVICE
OF THE DEPARTMENT OF JUSTICE
AND IN THE OFFICE OF THE OMBUDSMAN,
PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. This Act shall be known as the “Expanded Retirement Law
for Prosecutors in the National Prosecution Service and in the Office of the
Ombudsman.”

SEC. 2. Coverage. This Act shall apply to prosecutors of both the National Prosecution
Service and the Office of the Ombudsman.

SEC. 3. Retirement Benefits. When a prosecutor, who has rendered at least twenty
(20) years of service either in the National Prosecution Service or in any branch of government,
or in both, retires for having attained the age of sixty-five (65) years, or resigns by reason of
incapacity to discharge the duties of his office, he shall, during the residue of his natural life, in
the manner hereinafter provided, receive a retirement pension based on the highest monthly
salary, plus the highest monthly aggregate of transportation, living, and representation
allowances, which he was receiving at the time of his retirement or resignation.

When a prosecutor has attained the age of sixty (60) years and has rendered at least
twenty (20) years of service in government, the last five (5) years of which must have been
continuously rendered in the prosecution service, he shall likewise be entitled to retire and
receive during the residue of his natural life the same benefits provided for in this section:
Provided, however, That those with less than twenty (20) years service in the government shall
be entitled to a pro-rata monthly pension computed as follows:

NO. OF YEARS BASIC PAY PLUS THE HIGHEST
INGOVERNMENT X MONTHLY AGGREGATE OF

~ — TRANSPORTATION, LIVING,

20 YEARS AND REPRESENTATION ALLOWANCES



SEC. 4. Conditions. To maintain entitlement to the pension herein provided, no
prosecutor, during the time he is receiving said pension, shall appear as counsel before any
judicial or quasi-judicial agency in any civil case wherein the Government or any agency,
subdivision, or instrumentality thereof is an adverse party, or in any criminal case wherein any
officer or employee of the Government is accused of an offense committed in relation to his
office, or collect any fee for his appearance in any administrative proceedings to maintain an
interest adverse to the Government, whether national, provincial, or municipal, or to any of its
legally constituted officers

When a prosecutor covered under this Act shall assume an elective public office, he
shall not, upon assumption of office and during his term, receive the monthly pension or any of
the allowance due him.

SEC. 5. Automatic Increase. All pension benefits of retired prosecutors of both the
National Prosecution Service and the Office of the Ombudsman shall be automatically
increased whenever there is an increase in the salary of the same position from which he
retired.

SEC. 6. Retroactivity. The benefits under this Act shall be granted to all those who
retired prior to the effectivity of this Act.

SEC. 7. Applicability. All benefits heretofore extended under Republic Act No. 910, and
all other benefits that may be extended by way of any amendment thereto shall likewise be
given to the prosecutors covered by this Act.

SEC. 8. Appropriation. Such amount necessary to carry out the provisions of this Act is
hereby appropriated out of any funds in the National Treasury not otherwise appropriated
Thereafter, such amount as may be necessary to implement this Act shall be included in the
Annual General Appropriations Act.

SEC. 9. Repealing Clause. All laws, executive orders, presidential decrees,
Proclamations, issuances, rules, and regulations or parts thereof inconsistent with the provisions
of this Act are hereby repealed or modified accordingly.

SEC. 10. Effectivity. This Act shall take effect after fifteen (15) days following its full
Publication in the Official Gazette or in two (2) newspapers of general circulation, whichever
comes first.

Approved,