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Republika ng PilipinasKAGAWARAN NG KATARUNGAN

Department of JusticeManila

DEPARTMENT CIRCULAR NO. SO-A CIRCULAR

PROVIDING FOR GUIDELINES FOR IMPLEMENTINGTHE PROSECUTION SERVICE ACT OF 2010,

REPUBLIC ACT NO. 10071

By virtue of the enactment of REPUBLICACT NO. 10071, theProsecution Service Acl of 2010, and in the interest of proper, orderly andrational implementation thereof, the following guidelines, rules, and

regulations are adopted:

PRELIMINARYCHAPTER:SHORT TITLE AND TABLE OF CONTENTS

PRELIMINARYCHAPTER:SHORT TITLE AND TABLE OF CONTENTS

SECTION 1. SharI title. _ This CIRCULARmay be cited as "RA

1007\ Guidelines." (n)

SEC. 2. Table of contents. - The table of contents of this CIRCULAR

, is as follows:

SECTION1. ShorltitleSEC. 2. Table of conlentsSEC. 3. Construction; severabilitySEC. 4. Effective date

CHAPTERI: DEFINITION OF TERMS

SEC. 100. Definition of terms

CHAPTER11:THE NATIONAL PROSECUTION SERVICEAND POWER OF THE SECRETARY OF JUSTICE

SEC. 201. National prosecution serviceSEC. 202. Constiluent officesSEC. 203. Responsibility of the national prosecution serviceSEC. 204. power of the Secretory of Justice '

CHAPTER111:OFFICE OF THE SECRETARY OF JUSTICEPROSECUTION STAFF

SEC. 301. Prosecution stoffSEC. 302. MembersSEC. 303. Functions

•SEC.

304. Chief State Prosecutor and assistant chief state prosecutorrespectively renamed Prosecutor General and senior deputy

state prosecutorSEC. 305. Selection and Promotion Board

CHAPTERIY: REGIONAL PROSECUTION OffICE

SEC. 401. Regional prosecution officeSEC. 402. PersonnelSEC. 403. Powers and [unctionsSEC. 404. Regional stale prosecutor and assistant regional slate prosecutor

respectively renamed regional prosecutor and deputy regional

prosecutor

CHAPTERY: PROVINCIAL PROSECUTOR AND CITYPROSECUTOR

SEC. SO 1. Provincial prosecutor and city prosecutorSEC. 502. !'lumber of prosecutors for each of existing provinces and citiesSEC. 503. Transfer of excess position itemsSEC. 504. Incumbents to continue in officeSEC. 505. Number of prosecutors for each new province or citySEC. 506. Automatic transfer of excess position items to new officeSEC. 507. Reversion of province or reconversion of citySEC. 508. Realignment or redistribution of court branch seatsSEC. 509. Division of regional trial court branchesSEC. 510. Automatic creation of positions of prosecutorSEC. 511. Powers and [unctionsSEC. 5 12. Official name of office ? •

SEC. 513. First, second. third, fourth assistant and assistant prosicutorsrenamed deputy, senior assistant, assistant and msociale

prosecutors

CHAPTERVI: COMMON PROVISIONS

SUB-CHAPTERA. RANKS AND QUALIfiCATIONS FORAPPOINTMENT

SEC. 60 I. Rank, salary, and privileges of Prosecutor GeneralSEC. 602. Ranlcs, salary grades. and positions/titles of prosecutorsSEC. 603. Qualificationsfor appointment

(a) Prosecutor with the rank of Prosecutor Vor higher(b) Prosecutor with the rank of Prosecutor IV(c) Prosecutor with the rank of Prosecutor III or lower

SEC. 604. Application of new qualificationsSEC. 60S. Appointment of prosecutorsSEC. 606. Prerogatives, salaries, allowances, and privileges and inhibitions

and disqualifications a/prosecutorsSec. 607. Exemptionfrom MCLESEC. 608. Qualifications, salary, and appointment of prosecution allorney

and special counsel

SUB-eHAPTERB. UPGRADING AND DOWNGRADING OFPOSITIONS OR RANKS

SEC. 609. Positions and ranlcs upgraded(a) To Prosecutor V(b) To Prosecutor iV

SUB-eHAPTERC. NEW POSITIONS AND ADDITIONAL POSITIONITEMS

(c) To Prosecutor 111(d) To Prosecutor 11

SEC. 610. Entitlement to upgroded positionsSEC. 611. Upgrading of positions or rank .•SEC. 612. Downgrading of rank.<or po .•itio

ns

SEC. 613. Issuance to implement upgrading or downgrading

SUB-eHAPTERD. RETIREMENT BENEFITS

SEC. 614. Filling up of new items

SEC. 4. Effective date. - This CIRCULAR shall take efTect

immediately after issuance hereof. (n)

SEC. 3. Construction; severability. - These guideline~'shall beliberally construed in order to promote the spirit of RA i007 I. Anyprovision of this CIRCULARheld to be invalid or unenforceable by its termS,or as applied to any person or circumstance, shall be construed so as to giveit the maximum effect permitted by law, unless such holding shall be one ofutter invalidity or unenforceability, in which even such provision shall bedeemed severable from this CiRCULAR and shall not afTect the remainderthereof or the application of such provision to other persons not similarly

situated or to other dissimilar circumstances. (0)

SEC. 615. Retiremenr benefits after compulsory retirementSEC. 616. Retirement benefits after optional retirementSEC. 617. Pro-rata pension when length of service less than 15 yearsSEC. 61 S. Lump sum benefits of heirs of prosecutor who dies in actual

serviceSEC. 619. Lump sum gratuity and monthly annuitySEC. 620. Retirement benefits for surviving legitimate spouse

SEC. 62 I. ConditionsSEC. 622. Automatic increase of pension benefitsSEC. 623. Retirement benefits of prosecutors who retired before effective

date of RA 1007 ISEC. 624. Contribution to the funds of the GSISSEC. 625. payment of share for insurance coverage

(n)

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CHAPTERI: DEFINITION OF TERMS

SEC. 100. Definition of terms. - The following terms as used inthis CiRCULAR shall, unless the context they are used indicates otherwise,

have the meaning given in this section.(a) "Assistant prosecutor" shall mean any or all of the assistant state

prosecutor, assistant regional prosecutor, assistant provincialprosecutor, and assistant city prosecutor or, when used with "associateprosecutor," both assistant prosecutor and senior assistant prosecutor.

(b) "Associate prosecutor" shall mean either or both of the associateprovincial prosecutor and associate city prosecutor. '

(c) "Circular" shall mean this CiRCULAR providing for guidelines forimplementing REPUBLICACTNa. 10071.

(d) "Department" shall mean Department of Justice.

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•(e) "Deputy prosecutor" shall mean any or all of the deputy state

prosecutor, deputy regional prosecutor, deputy provincial prosecutor,

and deputy city prosecutor.(I) "Prosecution allomey" shall mean a prosecution officer appointed by

the Secretary of Justice to such position in the prosecution staff or

regional prosecution office.(g) "Prosecutor" shall mean the generic term for all prosecutors whether

helshe is head of office, deputy, assistant, or associale.(h) "Secretary" shall mean Secretary of Justice.(i) "Senior assistant prosecutor" shall mean any or all of the senior

assistant state prosecutor, senior assistant regional prosecutor. seniorassistant provincial prosecutor, and senior assistant city prosecutor.

(j) "RA 10071" shall mean the Prosecution Service Act of 20 J 0, REPUBLIC

ACTNo. 10071. (n)

CHAPTER11:THE NATIONAL PROSECUTION SERVICEAND POWER OF THE SECRET AR Y OF JUSTICE

For purposes of determining the cases which may be acted ondirectly by the Secretary of Justice, the phrase "mailer involving nationalsecurity" shall refer to any of the crimes against national security as providedunder THE REVISED PEl'lAL CODE, Book Two, Title One, and other casesinvolving acts of terrorism as dermed under the Human Security Act of 2007,

Republic Act No. 9372. (4)

SEC. 204. power of the Secretary of Justice. - The power vested inthe Secretary of Justice includes authority to act directly on any mailerinvolving national security or a probable miscarriage of justice within thejurisdiction of the prosecution staff, regional prosecution office, and theprovincial prosecutor or the city prosecutor and to review, reverse, revise,modify or affirm on appeal or petition for review as lhe law or the .rules of theDepartment of Justice may provide, final judgments and orders of theProsecutor General, regional prosecutors, provincial prosecutors, and city

prosecutors.

SEC. 202. COnJtituent offices. - The national prosecution serviceshall be composed of the prosecution staff of the Office of the Secretary ofJustice and the regional prosecution offices, offices of the provincialprosecutor, and offices of the city prosecutor of the Department of Justice.

(2)

SEC. 201. National prosecution service. - The national prosecutionservice shall be that as established under the Prosecution Service A ct of

20 J 0, REPUBLICACTNO.1 0071. (n)

SEC. 203. Responsibility of the national prosecution service. -':Thenational prosecution service shall be primarily responsible for thepreliminary investigation and prosecution of all cases involving violations

, of penal laws under the supervision of the Secretary of Justice, subject to theprovisions of sections 204, 303, and 403 hereof. (3)

CHAPTERIII: OFFICE OFTHE SECRETARY OF JUSTICEPROSECUTION STAFF

SEC. 30 I. Prosecution staff. - The Office of the Secretary of Justiceshall have a prosecution staff that shall consist of such number of

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SEC. 303. Functions. _ The proseculion staff, which shall be underthe control and supervision of the Secretary of Justice, shall have the

following functions:

SEC. 302. Members. _ The prosecution staff shall be composed of146 members with a Prosecutor General, as its head, five senior deputy stateprosecutors. five deputy slate prosecutors. 35 senior assistant stateproseculors, 80 assistant stale prosecutors, and 20 prosecution an orne,s.

(5/1)

prosecution officers and have functions as provided in the succeeding

sections. (5/1)

(2) Conduct the preliminary investigation and prosecution of criminalcases involving national security. those for which task forces have beencreated, and criminal cases whose venues are transferred to avoid probablemiscarriage of justice, all when so directed by the Secretary of Justice as

public interest may require;

(1) Assist the Secretary of Justice in the exercise of his/her appellate

jurisdiction;

(4) Investigate administrative charges against prosecutors. otherprosecution officers and members of their support staff;

(5) Prepare legal opinions on queries involving violations' of the

Revised Penal Code and special penal laws; and

(3) Act as counsel for the People of the Philippines in any caseinvolving or arising from a criminal complaint investigated by any of itsprosecutors and pending before any trial court;

(6) Monitor all criminal cases filed with the Office of the ProsecutorGeneral; maintain an updated record of the status of each case, and adopt suchsystems and procedures as will expedite the monitoring and disposition of

cases. (512)

SEC. 304. Chief Slate Prosecutor and assislont chief stateprosecutor respectively renamed Prosecutor General and senior deputystate prosecutor. _ On the date RA 10071 takes effect, the position titlesChief State Prosecutor and assistant chief state prosecutor shall berespectively renamed Prosecutor General and senior deputy state prosecutor,and all prosecution staff state prosecutors who have the rank of ProsecutorIII shall be called senior assistant state prosecutors and those who have therank of Prosecutor II, assistant state prosecutors, otherwise referred to assenior state prosecutors 3':ld state prosecutors. (17/1)

SEC. 305. Selection and Promotion Board. - The ProsecutorGeneral and senior deputy state prosecutors shall act as a Selection andPromotion Board to screen applicants for appointment or promotion to anyprosecutorial position in the national prosecution service: Provided,however, That the regional prosecutor, provincial prosecutor, or cityprosecutor shall sit as a member of the Board whenever it considersapplicants for positions in his/her office: Provided, further, That the regionalprosecutor shall also sit as a member when it considers applicants forprosecutors of the office of the provincial prosecutor or office of the cityprosecutor in his region. The Prosecutor General shall be the chairperson of

the Board. (5/3)

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(c) Prosecute any case arising within the region.

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(a) Implement policies, plans. programs, memoranda, orders, circularsand rules and regulations of the DOJ relative to the investigation. andprosecution of criminal cases in hislher region. ' .-

(e) Designate a prosecutor from any office of the provincial or cityprosecutor within the region as acting provincial or city prosecutor toinvestigate and prosecute a case in instances where parties question thepartiality or bias of a particular city or provincial prosecutor or where the cityor provincial prosecutor voluntarily inhibits himselffherself by reason ofrelationship to any of the parties within the sixth (6"') civil degree of

consanguinity or affinity.

(d) When so delegated by the Secretary of Justice, resolve with finalityappeals from or petitions for review of judgments and orders of provincial andcity prosecutors and their assistants within the region in cases where theoffenses charged are cognizable by the municipal trial court. Thisnotwithstanding. the Secretary of Justice is not precluded from exercisinghis/her power of review over such resolutions of the regional prosecutor ininstances where there lies grave abuse of discretion on the part of the regionalprosecutor, and from determining the extent of the coverage of the power ofreview of the Regional Prosecutors.

(I) With respect to hislher regional office and the offices of theprovincial and city prosecutors within his region, he/she shall:

SEC. 403. powers and functions. - A regional prosecution officeshall, under the control and supervision of the Secretary of Justice, have the

following powers and functions:

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CHAPTER IV: REGIONAL PROSECUTION OffiCE

SEC. 402. Personnel. - A regional prosecution office of theDepartment of Justice shall have a regional prosecutor, who shall be itshead, one deputy regional prosecutor, one senior assistant regionalprosecutor, three assistant regional prosecutors, and one prosecution

attorney. (6/1)

For purposes of this regionalization, the National Capital Regionshall be placed under the administrative supervision of the ProsecutorGeneral: Provided. however, That for purposes of authority to useappropriations for extraordinary and miscellaneous expenses, the head of theprosecution office for each of the cities in the National Capital Region shallbe considered head ofa department regional office. (6/1)

SEC. 401. Regional prosecution office. - The Department of Justiceshall have a regional office, to be known as Regional Prosecution Office or,in Filipino, Tanggapan ng Panrehiyong Pag-uwig, at each administrative

region, except the National Capital Region.

, (b) Exercise immediate administrative supervision over all provincialand city prosecutors and other prosecuting officers for provinces and cities

comprised within hislher region.

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• •(I) Appoint such number of subordinate officers and employees as may

be necessary; and approve transfer of subordinate personnel within thejurisdiction of the regional office and exercise disciplinary actions over them inaccordance with the Civil Service Law, other existing laws and regulations;

(2) Approve requests for sick, vacation and maternity and other kinds orleaves, with or without pay, for a period not exceeding one (I) year; forovertime services; for permission to exercise their profession or to engage inbusiness outside of office hours; for official travel within the region for periodsnot exceeding thirty (30) days; and for claims and benefits under existing laws;

(3) Exercise immediate administrative supervision over all provincialand city prosecutors, their assistants and all other prosecuting officers of theprovinces and cities within his region;

(4) Investigate administrative complaints against prosecutors and otherprosecuting officers within the region and submit his recommendation to theSecretary of Justice who shall, after review thereof and when warranted,submit the appropriate recommendation to the Office of the President for thelaner's consideration.

(5) Approve attendance of personnel in conferences, seminars and othertraining programs within the region;

(6) Prepare the budget for the region for approval of the Secretary ofJustice and administer the same;

(7) Approve requisition for supplies. materials and equipment, as wellas books, periodicals and the like and other items for the region in accordancewith the approved supply procurement program;

(8) Negotiate and conclude contracts for services or for furnish ingsupplies, materials and equipment and the likes within the budgetary limits setfor the region;

(9) Within hislher region, monitor the submission of all reports as maybe required by the Secretary of Justice;

(10) Coordinate with the regional offices of other departments, bureausand agencies of the government and with local governments units in theregion; and

(11) Perform such other duties and functions as may be provided bylaw or as may further be delegated by the Secretary of Justice. (7)

SEC. 404. Regional slate prosecutor and assistant regional staleprosecutor respectively renamed regional prosecutor and deputy regionalprosecutor. - On the date RA 10071 takes effect, the position titles regionalstate prosecutor and assistant regional state prosecutor shall be renamedregional prosecutor and deputy regional prosecutor, respectively, and allregional prosecution office prosecutors who have the rank of Prosecutor IIIshall be called senior assistant regional prosecutors and those who have therank of Prosecutor 11,assistant regional prosecutors. (17/4)

CHAPTERV: PROVINCIAL PROSECUTOR AND CITYPROSECUTOR

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SEC. 50 I. Provincial prosecutor and city prosecutor. - There shallbe for each province a provincial prosecutor, and for each city a cityprosecutor who shall be assisted by at least one deputy provincial prosecutoror deputy city prosecutor. as the case may be, and such number of assistantand associate prosecutors as provided for hereinafter. (8/1)

When the exigencies of the service so require, a province or citymay create positions for special counsels whose salaries and otheremoluments shall come exclusively from local funds. (8/4)

SEC. 502. Number of prosecutors for each of existing provinces andcities. _ There shall be for each of the existing provinces and cities thenumber of prosecutors provided under sections 10 and 11 of RA 10071,subject to such realignment and adjustment as the Secretary of Justice maymake as provided under the second paragraph of section 509 of thisCIRCULAR: Provided. howf!Ver~ That pending the activation of inactiveregional trial court branches seated thereat, the cities of Manila and Makatishall have 142 and 67 active position items of prosecutors, respectively,distributed as follows:

(a) Manila: 'TII'l)One (I) tiiYProsecutorSix (6) deputy city prosecutorsFifty-six (56) senior assistant city prosecutorsSeventy-nine (79) assistant city prosecutors

Provided. further, That when any number of such inactive branches ofregional trial court are activated and organized, the correspondingequivalent number of items of senior assistant and assistant prosecutors shallbe automatically activated. (10 & I I)

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(c) Makati: t67)One (I) CitY ProsecutorThree (3) deputy city prosecutorsThirty (30) senior assistant city prosecutorsThirty-three (33) assistant city prosecutors

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SEC. 503. Transfer of excess position items. - After the date RA10071 takes effect, the Secretary of Justice shall, after consultation with theregional prosecutor having supervision over the region, transfer vacantexcess position items of prosecutors to the cities within the province or tothe province of which the cities used to be municipalities or to other citieswithin the province: Provided, however, That if the position items areoccupied, they shall be transferred as soon as they become vacant or whenthe incumbent prosecutors consent to their transfer.

For purposes of this section, the cities lhal used to be municipalitiesof lhe province of Rizal before the establishment by law of MetropolitanManila shall be considered cities within such province. (1211)

SEC. 504. Incumbents to continue in office. - All incumbentprosecutors, including prosecution attorneys, of the present prosecutionslaff, regional, provincial, and city proseculion offices shall continue inoffice to discharge their functions under RA 10071. (1711/3) .

In the event that all prosecutors, including associate prosecutingattorneys, are not accommodated by the number of position items allocated,the excess incumbents shall continue in the service until .they are

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accommodated. transferred. separated, or retired and shall have priority fortransfer or appointment to position items of prosecutor for another provinceor city: Provided, however. That in the case of incumbent associateprosecuting attorneys. their position items shall be deemed abolished uponbeing vacated for whatever reason. (18)

SEC. 505. Number of prosecutors for each new province or city.Whenever a new province or city is created, there shall be for such provincea provincial prosecutor, or for such city a city prosecutor, and such numberof deputy, assistan~ and associate prosecutors as there arc court branchestherein at the ratio of two prosecutors for each branch of regional trial court.one prosecutor for each branch of metropolitan trial court or municipal trialcourt in cities, and one prosecutor for every two municipal trial courts inmunicipalities or branches thereof or municipal circuit trial courts:Provided, however. That after the date RA I007l takes effect, there shall befor each province onc deputy provincial prosecutor. or for each city onedeputy city prosecutor for every 25 prosecutors or a fraction thereof:Provided, further, That when an office of the provincial prosecutor or officeof the city prosecutor has more than one deputy prosecutor, the incumbentdeputy prosecutor first appointed to the position shall be called seniordeputy provincial prosecutor or senior deputy city prosecutor. as the casemay be: Provided, finally. That for purposes of determining the distributionof the position items of prosecutor. such province or city shall becategorized under the appropriate group in section 10 or II of RA 10071;asthe case may be, as there are prosecutors for such province or city. (8)

SEC. 506. Automatic transfer of excess position items to new office._Upon the creation of the new province or city, position items of prosecutorof the office of the provincial prosecutor for the mother province in excessof the new equivalent pursuant to the ratio established in the prece6ingsection for the courts or branches thereof that remain to be served b.y theoffice shall be transferred automatically to the office of the provincial

, prosecutor or office of the city prosecutor for the new province or city. asthe case may be: Provided. however, That when all or almost all of theregional trial court branches are seated at the city. the number of prosecutorsfor the city shall be proportional to the territorial jurisdiction covered bysuch branches of the courts: Provided, further, That the Secretary of Justiceshall issue a corresponding circular or memorandum to implement thetransfer and to indicate the new number and corresponding ranks ofprosecutors of each office. (812)

SEC. 507. Reversion of province or reconversion of city. - [n case aprovince is reverted to the mother province or a city is reconverted into amunicipality for whatever reason. all the prosecution positions of the officeof the provincial prosecutor or office of the city prosecutor for such formergovernment unit shall go to the office of the provincial prosecutor for themother province: Provided. however, That the position title provincialprosecutor or city prosecutor for the former province or city shall bechanged to assistant provincial prosecutor or associate city prosecutor. asthe case may be. and shall have the corresponding rank provided in section602 of this CIRCULo\R. (8/3)

SEC. 508. Realignment or redistribution of court branch seats.When a new city or province is created and court branch seats thereat 'arerealigned or redistributed. the Secretary of Justice shall correspondinglyrealign position items of prosecutors to the new city or province from theprovince where the city is geographically located or the province used to bepart of. without prejudice to the provisions of section 505 hereof. (1212)

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SEC. 509. Division of regional trial court branches. - A'fter the dateRA 10071 takes effect, the Secretary of Justice shall request and coordinatewith the Supreme Court for the proportional division of regional trial courtbranches seated at a citY and hitherto taking cognizance of criminal casesfiled and prosecuted by either the office of the provincial prosecutor oroffice of the city prosecutor into branch or branches that shall exclusivelyhandle criminal and other cases filed, prosecuted, or defended by the officeof the provincial prosecutor and branches that shall exclusively handlecriminal and other cases filed, prosecuted, or defended by the office of thecity prosecutor.

Upon such division of branches of regional trial court referred to inthe preceding paragraph, the Secrewy of Justice shall realign and adjustposition items of prosecutor of the offices of the provincial prosecutor andoffices of the city prosecutor affected and adjust accordingly the number ofprosecutors of the offices concerned: Provided, however, That the alignmentand adjustment shall be made through a formal issuance and shall cover alloffices affected. (1213)

SEC. 510. Automatic crealion of positions of prosecutor. -Whenever new courts or new branches of existing courts are created, thereshall be automatically created for the province or city where such courts orbranches are seated position items of assistant and associate prosecutors insuch number determined pursuant to the ratio established in section 505 ofthis CIRCULAR:Pravided, however, That if the branches of regional trialcourt shall be seated at a city outside a metropolitan area established by law,the number of position items shall be distributed between the city an,d theprovince where the city is located according to the territorial juris~ictioncovered by such branch: Provided, further, That in case the branchescreated are of regional trial court, not less than one-half" of thecorresponding prosecutors shall have the rank of Prosecutor III if theprovince or city has at least 25 prosecutors, including the additional, or thecity is in a metropolitan area established by law, and the rest, Prosecutor II;otherwise, they may have the ranks of Prosecutor II and Prosecutor .1:Provided, furthermore, That the creation of the corresponding positions ofprosecutors shall be implemented through an issuance to be issued by theSecretary of Justice upon the activation of the new courts or new branches:Provided, finally, That the positions may be filled up only after the actualorganization of the courts or branches thereof. (13)

SEC. 511. Powers andfunctions .• The provincial prosecutor or thecity prosecutor shall have the following powers and functions:

(a) Be the law officer of the province or city, as the case may be;

(b) Investigate and/or cause to be investigated all charges of crimes,misdemeanors and violations of penal laws and ordinances within theirrespective jurisdictions, and have the necessary informalion or complaintprepared or made and filed against the persons accused. In the conduct of suchinvestigations he/she or any. of hislher assistants shall receive the statementsunder oath or take oral evidence of witnesses, and for this purpose may bysubpoena summon witnesses to appear and testifY under oath before him/her,and the attendance or evidence of an absent or recalcitrant witness may beenforced by application to any trial court; and

(c) Have charge of the prosecution of all crimes, misdemeanors andviolations of city or municipal ordinances in the courts at the province or city

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and therein discharge all the duties incident to the institution of criminalactions, subject to the provisions of section 303 of this CIRCULAR.(9)

SEC. 512. Official name of office. - On the date RA 10071 takeseffect, the present provincial prosecution office shall be officially called andknown as Office of the Provincial prosecutor or, in Filipino, Tanggapan ngPanlo/awigang Taga-usig, and the present city prosecution office shall beofficially called and known as Office of the City Prosecutor, or in Filipino,Tanggapan ng Panlunsad na Taga-usig. (1712)

SEC. 513. First, second, third, fourth assistant and assistantprosecutors renamed deputy. senior assistant, assistant and associateprosecutors. On the date RA 10071 takes effect, first assistant provincialprosecutor or first assistant city prosecutor shall be called deputy provincialprosecutor or deputy city prosecutor, respectively. All prosecutors ofprovincial or city prosecution offices, who have the ranks of Prosecutor IIIand who are not provincial prosecutors or city prosecutors or first assistantprosecutors shall be called senior assistant provincial prosecutors or seniorassistant city prosecutors, as the case may be. All prosecutors of provincialor city prosecution offices, who are not first assistant prosecutors and whohave the rank of Prosecutor \I shall be called assistant provincial proseculorsor assistant city prosecutors and all prosecutors who have the rank ofProsecutor I of such offices, associate provincial prosecutors or associatecity proseculors, as the case may be. (17/4)

CHAPTERVI: COMMON PROVISIONS

SUB-CHAPTERA. RANKS AND QUALIFICATIONS FOR .APPOINTMENT

SEC. 601. Rank, privileges, and salary of Prosecutor General. -The Prosecutor General shall have the same rank and privileges of thepresiding justice of the Court of Appeals: Provided, however, That until therequirements and limitations of supervisor-subordinate relationship shallhave been addressed, the Prosecutor General shall have the salary pertaining

to salary grade 30 at step 8. (14)

SEC. 602. Ranks, salary grades, and positions/titles of prosecutors._ The prosecutors in the national prosecution service shall have thefollowing ranks and positions/titles:

RANK

Prosecutor V

SALARYGRADE POSITIONrrlTLE

30 (a) Regional prosecutor;

(b) Provincia! prosecutor of aprovince or city prosecutorof a city that has 25prosecutors or more, or cityprosecutor of a city within ametropoJitan areaestablished by law; and

(e) Senior deputyprosecutor.

Prosecutor IV 29

and

(a) Provincial prosecutor of aprovince or city prosecutorof a city that has less than25prosecutors;

(b) Deputy state prosecutor;

(c) Deputy regional prosecutor;

(d) Deputy provincialprosecutor of a province ordeputy city prosecutor of acity that has 25prosecutors or more, ordeputy city prosecutor of acity within a metropolitanarea established by law.

a province or deputy cityprosecutor of a city that hasless than 25 prosecutors;

Prosecutor UIprosecutor of

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(b) Senior assistant stateprosecutor;

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(c) Senior assistar]t regionalprosecutor; and

(a) Assistant state prosecutor;

(d) Senior assistant provincialprosecutor or seniorassistant city prosecutor.

I Prosecutor II 27

(b) Assistantprosecutor; and

regional

(c) Assistantprosecutor orprosecutor.

provincialassistant city

or associate city prosecutor.(15)

C-Prosecutor-Iprosecutor

26) (a) Associate provincial

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SEC. 603. Qualijicatiansjor appointment. - (a) Prosecutor with therank oj Prosecutor V or higher. - No person shall be appointed prosecutorwith the rank of Prosecutor V or higher unless he/she is a natural-borncitizen of the Philippines, at least 40 years of age, and, for 15 years or more,has been a prosecutor, judge of a lower court or engaged in the practice oflaw in the Philippines. (VIII/7fl)

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(d» Prosecutors with the rank of Prosecutor 111shall have the samerank, category, prerogatives, salaries, allowances, emoluments and otherprivileges, and shall be subject to the same inhibitions and disqualifications,as those ofajudge of the metropolitan trial court.

(c) Prosecutors with the rank of Prosecutor IV shall have the samerank, category, prerogatives, salaries, allowances, emoluments and otherprivileges, and shall be subject to the same inhibitions and disqualifications,as those of a judge of the regional trial court.

(b) Proseculors with lhe rank of Prosecutor V shall have the samerank, category, prerogatives, salaries, allowances, emoluments and otherprivileges, and shall be subject to the same inhibitions and disqualifications,as those of an associate justice of the Court Appeals.

SEC. 606. Prerogatives, salaries, allowances, and privileges andinhibitions and disqualifications oJprosecutors. - (a) The Prosecutor Generalshall have the same category, prerogatives, allowances, and other e,nolumentsand shall be subject to the same inhibitions and disqualifications, as those of

the presiding justice of the Court Appeals. .

SEC. 605. Appointment of prosecutors. - Prosecutors shall beselected from among qualified and professionally trained members of thelegal profession who are of proven integrity and competence and shall beappointed by the President of the Philippines upon recommendation of theSecretarY of Justice and shall serve until they reach the age of 65 years old.

(16m

SEC. 604. Application of new qualifications. - The provisions ofthe preceding section shall not apply to incumbent prosecutors whosepositions or ranks have been upgraded and their incomplete or lack ofqualifications for the new ranks shall not defeat their entitlement to therights, privileges and benefits corresponding to the higher ranks. (n)

(c) Prosecutor with the rank of Prosecular III or iower. - No

person shall be appointed prosecutor with the rank of Prosecutor 11lor lowerunless he/she is a natural-born citizen of the Philippines, at least 30 years ofage, and, for at least five years, has been engaged in the practice of law inthe Philippines or has held a public office in the Philippines requiringadmission to the practice oflaw as an indispensable requisite. (129/26)

(b) Prosecutor with Ihe rank of Prosecutor IV. - No person shall beappointed prosecutor with the rank of Prosecutor IV unless he/she is anatural-born citizen of the Philippines, at least 35 years of age, and, for atleast 10 years, has been engaged in the practice of law in the Philippines orhas held a public office in the Philippines requiring admission to the practiceof law as an indispensable requisite. (129/15[a])

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(f) Prosecutor with the rank of Prosecutor I shall have !he same rank,category, prerag.atives, salaries, allowances, emoluments and other privileges,~nd shall be subject tn the same inhibitions and disqualifications, as those of aJudge of the municipal trial court in municipalities. (14;16)

(e) Prosecutor with the rank of Prosecutor II shall have the samerank, category, prerogatives, salaries, allowances, emoluments and otherprivileges, and shall be subject to the same inhibitions and disqualifications,as those of a judge of the municipal trial court in cities

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/ •Sec. 607. Exemption from MCLE. - Incumbent and retired

prosecutors of the national prosecution service shall be exempt frommandatory continuing legal education required of members of the IntegratedBar of the Philippines under Bar Malter No. 850. (711[c])

SEC. 608. Qualifications. salary. and appointment of prosecutionattorney and special counsel. . A prosecution attorney or special counselmust be a member of the bar in good standing and shall have salary grade25. Such prosecution officer shall be appointed by the Secretary of Justiceand shall have the functions of a regular prosecutor: Provided, however,That with respect to a special counsel, hislher appointment shall be upon therecommendation of the provincial governor or city mayor and with theendorsement of the provincial prosecutor or city prosecutor, as the case maybe: Provided, further, That applicants for prosecution altorney and specialcounsel shall be screened by the Selection and Promotion Board todetermine their qualifications and fitness for the positions applied for. (16/8)

SUB-eHAPTIRB. UPGRADING AND DOWNGRADING OFPOSITIONS OR RANKS

SEC. 609. Positions and ronlcsupgraded. - On the date RA 10071takes effect and subject to the provisions of sections 609 and 610 hereof, thepositions of prosecutors for the regions, provinces, and cities and officeherein mentioned shall be upgraded to the following ranks:

(a) To Prosecutor V. -

,(1)(2)

(3)

(4)

I

Regional prosecutors of all the 16 regional prosecution offices..Provincial prosecutors for Bulacan, Pangasinan, Cebu, Leyte: Quezon,Camannes Sur, Cagayan, Nueva Ecija, Batangas, Laguna, and Rizal.City Prosecutors for Manila, Quezon City, Makati, Cebu City, Pasig,Iloilo City, Caloocan, Pasay, Bacoled, Davao, Cagayan de Oro, Naga(Camarines Sur), Parailaque, Marikina, Las Piftas, Mandaluyong,Valenzuela, Muntinlupa, T'guig, Mal.bon-Navotas, and San Juan.All five senior deputy state prosecutors of the Office of the Secretary ofJustice prosecution staff.

(b) To Prosecutor IV. -

(I) Provincial prosecutors for.1I provinces other those mentioned in (a)(2)above, except Pampanga, Albay, Iloilo, Negros Occidental, NegrosOriental, Lanao del Norte, Misarnis Oriental, and Agusan del Norte, theprovincial prosecutors for which have already the rank of ProsecutorIV.

(2) City prosecutors for all cities other than those mentioned in (a)(3) above,except Baguio, Dagupan, Angeles, Olongapo, Antipolo, Legaspi,Mandaue, Dumaguete, Zamboanga City, Digos, General Santos, andButuan, the city prosecutors for which have already the rank ofProsecutor IV.

(3) All new five deputy state prosecutors of the Office of the Secretary ofJustice prosecution statIo

(4) Deputy regional prosecutors of all the 16 regional prosecution o'ffices.(5) Deputy provincial prosecutors for all the provinces mentioned in (a)(2)

above, except Rizal, the deputy provincial prosecutor for which hasalready the rank of Prosecutor IV.

14

• •Deputy city prosecutors for all the cities mentioned in (a)(3) above,except Manila, Quezon City, Makati, Caloocan, and Pasay, the deputycity prosecutors for which have already the rank of Prosecutor IV.

(1) Deputy provincial prosecutors for all provinces other than thosementioned in (a)(2) above, except Pampanga, Albay, I\oilo, NegrosOccidental, Negros Oriental, Lanao del Norte, Misamis Oriental, andAgusan del Norte, the deputy provincial prosecutors for which have

already the rank of Prosecutor Ill.(2) Deputy city prosecutors for all cities other than those mentioned

in(a)(3) above, except Baguio, Dagupan, Angeles, Olongapo, Antipolo,Legaspi, Mandaue, Dumaguete, zamboanga City, Digos, GeneralSantos, and Bulllan, Tuguegarao, Batangas City, Calamba, Talisay(Negros Occidental), Victorias, Kabangkalan, Sagay, Malaybalay, andKidapawan, the deputy city prosecutors for which have already the rank

of Prosecutor Ill.

(c) To ProseCulor JIl. -

(6)

(I) All Prosecutor 1 prosecutors for all provinces and cities mentioned in(a)(2) and (a)(3) above: Provided, however, That the total number ofincumbent prosecutors in all positions of an office for any of suchprovinces or cities does not exceed the total of all position itemsauthorized under RA 10071; otherwise, such number of prosecutorsmost junior in termS of date of appointment equivalent to the excessshall remain as Prosecutor 1 unless promoted or appointed to positionsof higher rank in Ibe same or another office in the ordinary cours~ ofemployment. (10[A-G)/II[A-Q]/15) , '

(d) To Prosecutor II. -

SEC. 610. Enlitiementto upgroded positiorrs. - Prosecutors whosepositions or ranks have been upgraded pursuant to the preceding section inrelation to sections 14 and 15 of RA 10071 shall enjoy the rights andprivileges corresponding to their respective positions or ranks from the datethe ACTtakes effect: Provided, however, Thatlbey shall only be paid theiradjusted salary, emoluments and other monetary benefits upon and from thedate funds become available for them. (n)

SEC.611. Upgroding of positions or ranks. - Whenever an office ofthe provincial prosecutor or an office of the city prosecutor shall have had atleast 25 prosecutors or a city shall have been made a part of a metropolitanarea established by law, each level of position of prosecutor of such officeor for such city shall be upgraded one rank higher and shalf have Ibecorresponding positions/titles provided under section 602 of Ibis CIRCULAR:Provided, however, Thatlbe incumbent shall enjoy the benefits of the higherrank if he/she possesses the qualifications for the higher rank; olberwise,he/she shall have the rank before upgrading until he/she becomes qualified.

(1512)

SEC. 612. Downgrading of ranks or positiorrs.. - Whenever thenumber of prosecutors of an office of the provincial prosecutor or an officeof the city prosecutor shall have been reduced to less Iban 25 prosecutors ora city shall have been separated from a metropolitan area established by law,each level of the position of prosecutor of the office or for the city shall bedo,",:graded one rank lower and shall have the corresponding position titlesprOVIdedin section 602 of Ibis CIRCULAR:Provided, however, That there

15

I.

•shall be no diminution of salaries of affected incumbents until they retire orare separated from office. (n)

SEC 613. Issuance to implement upgrading or downgrading. -Upgrading or downgrading of positions of prosecutor by reason of theincrease or decrease in the number of prosecutors or inclusion in. orexclusion from a metropolitan area shall be covered by an issuance beforesuch upgrading or downgrading is implemented: Provided, however, Thatsuch issuance shall be issued afier consultation with the regional prosecutor

concerned. (n)

SUB-CHAPTERC. NEW POSITIONS AND ADDITIONAL POSITIONITEMS

SEC 614. Filling up of new items. - New positions and additionalposition items, including those of deputy state prosecutors and prosecutionattorney and deputy provincial prosecutors, deputy city prosecutors, seniorassistant prosecutors, assistant prosecutors, and associate prosecutors inexcess of the authorized positions and position items before the date RA10071 takes effect, shall, subject to section 504 of this CIRCULAR,be filledup in accordance with the appropriate existing procedure: Provided,however, That in the event the additional position items are of higher rankand there are excess incumbents in the position items of lower rank, suchadditional items of higher rank shall be filled up by promotion of qualifiedexcess incumbents to the extent they can be accommodated: Provided,further, That in case the excess is in the position of higher rank and theadditional is in the position of lower rank. items of the lower position shallbe filled up to the extent only that the total number of the incumbents in allpositions is equal to the authorized number of prosecutors for ~e provinceor city: Provided, finally, That applicants for any of such positions, as wellas for old positions, shall be screened by the Selection and Promotion Boardto determine their qualifications and limess for the positions applied for. (n)

SUB-CHAPTERD. RETIREMENT BENEFITS

SEC.615. Retirement benefits af/er compulsory retirement. - Whena prosecutor of any rank has rendered at least 15 years of service in thenational prosecution service or in any other branch of the Government. or inboth, (a) retires for having attained the age of 65 years, or (b) resigns byreason of his/her incapacity to discharge the duties of his/her office ascertified by the Department of Justice, helshe shall receive during theresidue of his/her life in the manner therein provided the benefits underREpUBLICAcrNa. 910, as amended by REPUBLICAcrNa. 9946, subject tothe condition also provided therein. (16; 910/1)

SEC. 616. Retirement benefits after optional retirement. - When aprosecutor of any rank has allained the age of 60 years and has rendered atleast 15 years of service in the Government, the last three years of whichshall have been continuously in the national prosecution service, helsheshall likewise be entitled to retire and receive during the residue of his/shelife in the manner therein provided the benefits under RA 910, as amendedby RA 9946, subject to the condition also provided therein. (16; 91011)

SEC. 617. Pro-rata pension when length of service less than 15years. _Any prosecutor of any rank with less than 15 years of service in theGovernment or the national prosecution service, who shall retire due to

,

•hislher having attained the age of 65 years or his/she incapacity to dischargethe duties of his office. he/she shall be entitled to a pro-rata monthly pensioncomputed at the rate provided under RA 910, as amended by RA 9946. (16;

91011)

SEC. 618. Lump sum benefits of heirs of prosecutor who dies inactual service. When a prosecutor of any rank dies while in actual service,regardless of hislher age and length of service. hislher heir shall receivelump sum benefits under RA 910, as amended by RA 9946. (16; 91012)

SEC. 6\9. Lump sum gratuity and monthly annuity. - Uponretiremen\, a prosecutor of any rank shall be automatically entitled to a lumpsum gratuity equivalent to the number of years, and computed on the basisprovided under RA 910, as amended by RA 9946, and thereafter uponsurvival after the expiration of the number of years, to funher annuitypayable monthly during the residue ofhislher natural life pursuant to sectionI of said ACT.(16; 91013)

SEC. 620. Retirement benefits for surviving legitimate spouse. -Upon the death of a prosecutor of any rank, if such prosecutor has retired orwas eligible to retire optionally at the time of death, the surviving spouseshall be entitled to receive all the retirement benefits that the deceasedprosecutor would have received had the prosecutor not died: Provided,however, That the surviving spouse shall continue to receive such retirementbenefits until the surviving spouse's death or remarriage. (910/3)

SEC.621. Conditions. - It is a condition of the pension provided forunder RA 10071 in relalion to RA 9 \0, as amended, that no retiringprosecutor or hislher surviving spouse receiving the benefits of RA'9IO, asamended, during the time he/she is receiving said pension shall. ~ppear ascounsel before any court in any civil case wherein the Govemml:nt or anysubdivision or instrumentality thereof is the adverse party, or in any criminalcase wherein an incumbent or former officer or employee of theGovernment is accused of an offense committed in relation to hislher office,or collect any fee for hislher appearance in any administrative proceedingsto maintain an interest to the Government, national, provincial or municipal,or to any of its legally constituted officers. It is also a condition of thepension provided herein that when a prosecutor of the national prosecutionservice or hislher surviving. spouse entitled to the benefits of RA 910, asamended, shall assume any elective public office he/she shall not. uponassumption of office and during hislher term, receive the monthly pensiondue to himlher. (22; 91012)

SEC. 622. Automatic increase of pension benefits. - All pensionbenefits of retired prosecutors of the national prosecution service shall beautomatically increased whenever there is an increase in the salary andallowance of the same position from which he/she retired. (23; 910/3A)

SEC. 623. Retirement benefits of prosecutors who retired beforeeffective dote of RA 1007/. - The benefits under RA 1007\ in relation toRA 910, as amended by RA 9946, shall be granted to all lhose whose lastretirement was as prosecutors prior to the elfeclive date of RA 1007\:Provided, however, That the benefits shall be applicable only to members ofthe national prosecution service, Provided, further, That the benefits to begranted shall be prospective and subjecl to availability of funds. (24.910138) ,

17

I J

•SEC. 624. Contribution to thefunds of the aSIs. - The Government

Service Insurance System shall take charge of the enforcement andoperation of the provisions on retirement of RA 10071 in relation to RA910, as amended. and no prosecutor in the national prosecution service shallbe entitled to receive any gratuity or pension therein provided for unlessfrom the month following the approval of RA 10071. in case of an actualincumbent, or from the month following his appointment and qualificationas such, in case of a future appointment, he shall have contributed to thefunds of the System by paying a monthly premium in accordance with thefollowing rates, which fund shall also be made available for the payment ofthe benefits under RA 10071 in relation to RA 910, as amended:

OFFICIALSRATEPERMONTH

~:

"

tJ1~1

Prosecutors I and II P40.00All others 100.00

(910/5)

SEC. 625. Payment of share for insurance coverage. - Members ofthe national prosecution service shall pay three percent of their monthlycompensation as personal share and the Department a corresponding threepercent share for their life insurance coverage.

The Department shall include in its annual appropnallon thenecessary amounts for its share of the contributions indicated above, plusany additional premiums that may be required on account of the hazards orrisks of its employee's occupation. (1146/5a!b)

Done in the city of Manila this 25'" day of June in tt:e 'year of our

Lord, two thousand ten.

~ ~c==>ALBERl:6 C. AGRAActing Secretary

1IIIIIIIml~lm~ll~O••• _"'Joo •••SACA.I0'00082""