Republic of the Philippines
House of Representatives
Quezon Citp, Metro Manila

Eighteenth Congress
First Regular Session

HOUSE BILL NO. UebY

Introduced by Representatives Jorge Antonio P. Bustos and Presley C. De Jesus

EXPLANATORY NOTE

This bill seeks to grant additional benefits to prosecutors of the National
Prosecution Service, amending for the purpose Republic Act (RA) No. 10071,
otherwise known as the “Prosecution Service Act of 2010.”

RA 10071, enacted on April 8, 2010, created and established a National
Prosecution Service composed of the prosecution staff in the Office of the
Secretary of Justice and such number of regional prosecution offices, offices of the
provincial prosecutor and offices of the city prosecutor. They are primarily
responsible for the preliminary investigation and prosecution of all cases involving
violations of penal laws under the supervision of the Secretary of Justice.

The existing law provides retirement benefits and special allowances to
prosecutors. However, the great risks and perils that prosecutors encounter also
need to be properly compensated. It is only reasonable that they are granted hazard
pay because of the threat and imminent danger they face due to the nature of their
profession.

This proposed measure seeks to grant additional benefits to prosecutors by
providing a monthly hazard pay during their incumbency in an amount equivalent
to twenty-five percent (25%) of their basic salary. Corollary to this benefit is the
issuance of service firearms for their protection against death threats as a
consequence of the performance of their duty to prosecute cases involving
notorious and dangerous characters of the society. Further, this bill grants


survivorship benefits, primarily to the surviving legitimate spouse and the
dependent children. The survivorship pension shall be based on the highest
monthly salary plus the highest monthly aggregate of transportation, living and
representation allowances which the deceased had been receiving at the time of
death.

The additional benefits and privileges are being proposed under this measure
in recognition of the important tasks of prosecutors and the sacrifice that they make
to ensure that criminal cases are prosecuted, miscarriage of justice is avoided, and
that ultimately, justice is served.

In view of the foregoing, approval of this bill is earnestly sought.

CONG. JORG! ‘ONIO Ayes

NG. PRESLEY C. DE JESUS



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Republic of the Philippines
House of Representatives
Quezon Citp, Metro Manila

Eighteenth Congress
First Regular Session

257
HOUSE BILL NO. c

Introduced by Representatives Jorge Antonio P. Bustos and Presley C. De Jesus

AN ACT
GRANTING ADDITIONAL BENEFITS TO PROSECUTORS OF THE
NATIONAL PROSECUTION SERVICE, AMENDING FOR THE
PURPOSE REPUBLIC ACT NO. 10071, OTHERWISE KNOWN AS THE
“PROSECUTION SERVICE ACT OF 2010”

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

SECTION 1. A new section denominated as Section 20-A is inserted after
Section 20 of Republic Act No. 10071, to read as follows:

“SEC. 20-A. HAZARD PAY. — PROSECUTORS OF THE
NATIONAL PROSECUTION SERVICE ARE ENTITLED TO
RECEIVE A MONTHLY HAZARD PAY DURING THEIR
INCUMBENCY IN AN AMOUNT EQUIVALENT TO
TWENTY-FIVE PERCENT (25%) OF THEIR BASIC

MONTHLY SALARY.”


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SEC. 2. A new section denominated as Section 21-A is inserted after Section

21 of the same Act, to read as follows:

“SEC. 21-A. SURVIVORSHIP BENEFITS. — IN CASE OF
DEATH OF A PROSECUTOR OF THE NATIONAL
PROSECUTION SERVICE WHILE IN ACTUAL SERVICE,
REGARDLESS OF AGE AND LENGTH OF SERVICE, OR
AFTER RETIRING FROM THE SERVICE FOR HAVING
ATTAINED THE AGE OF SIXTY-FIVE (65) YEARS, THE
SURVIVING LEGITIMATE SPOUSE AND DEPENDENT
CHILDREN ARE ENTITLED TO A MONTHLY
SURVIVORSHIP PENSION BASED ON THE HIGHEST
MONTHLY SALARY PLUS THE HIGHEST MONTHLY
AGGREGATE OF TRANSPORTATION, LIVING AND
REPRESENTATION ALLOWANCES WHICH THE
DECEASED HAD BEEN RECEIVING AT THE TIME OF
DEATH.

FOR PURPOSES OF THIS ACT, THE SURVIVORSHIP
PENSION SHALL BE PAID AS FOLLOWS:

A) WHEN THE SURVIVING LEGITIMATE SPOUSE IS

THE ONLY SURVIVOR, THE SAID SPOUSE SHALL


1 RECEIVE THE SURVIVORSHIP PENSION FOR LIFE OR

2 UNTIL THE SPOUSE REMARRIES;

3 B) WHEN DEPENDENT CHILDREN ARE THE ONLY
4 SURVIVORS, THEY ARE ENTITLED TO RECEIVE THE
5 SURVIVORSHIP PENSION: PROVIDED, THAT THE
6 DEPENDENT MUST BEBELOW TWENTY-ONE (21) YEARS
7 OF AGE, UNMARRIED AND NOT GAINFULLY EMPLOYED
8 OR REGARDLESS OF AGE, IS INCAPABLE OF SELF-
9 SUPPORT DUE TO MENTAL OR PHYSICAL DISABILITY;

10 C) WHEN THE SURVIVORS ARE THE LEGITIMATE
et SPOUSE AND THE DEPENDENT CHILDREN, THE
12 LEGITIMATE SPOUSE IS ENTITLED TO RECEIVE THE
13 SURVIVORSHIP PENSION FOR LIFE OR UNTIL THE
14 SPOUSE REMARRIES, AND THE DEPENDENT CHILDREN
15 ARE ENTITLED TO RECEIVE TEN PERCENT (10%) OF THE
16 SURVIVORSHIP PENSION SUBJECT TO THE CONDITIONS
7 MENTIONED IN THE IMMEDIATELY PRECEDING
18 PARAGRAPH (2) HEREOF.”

19 SEC. 3. A new section denominated as Section 23-A is inserted after Section

20 23 of the same Act,to read as follows:


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“SEC. 23-A. ISSUANCE OF SERVICE FIREARMS. —
UPON ISSUANCE OF A VALID LICENSE, ALL INCUMBENT
PROSECUTORS OF THE NATIONAL PROSECUTION
SERVICE MAY BE ISSUED A SERVICE FIREARM AND
MAY BE GRANTED A PERMIT TO CARRY FIREARM
OUTSIDE OF RESIDENCE BY THE CHIEF OF THE
PHILIPPINE NATIONAL POLICE OR A DULY AUTHORIZED
REPRESENTATIVE AS PROVIDED UNDER SECTION 7 OF
REPUBLIC ACT NO. 10591, ALSO KNOWN AS THE
“COMPREHENSIVE FIREARMS AND AMMUNITION
REGULATION ACT.” PROSECUTORS MAY, HOWEVER,

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OPT NOT TO AVAIL OF THE SERVICE FIREARM BEING
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ISSUED TO THEM.”

SEC. 4, All laws, decrees, ordinances and rules inconsistent with the
provisions of this Act are modified or repealed accordingly.
SEC. 5. This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,