On April 8, 2010[,] Republic Act No. 10071[,] otherwise known as “An Act Strengthening and Rationalizing the National Prosecution Service[,]” was signed into law. It took effect fifteen (15) days after its publication in the Philippine Star on May 13, 2010. Under Section 16 thereof, it provides the qualifications, ranks and appointments of prosecutors and other prosecution offices, as follows:
“Sec. 16. Qualifications, Ranks and Appointments of Prosecutors and other Prosecution Officers. – x x x
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.
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.
Prosecutors with the rank of Prosecutor II 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 Municipal Trial Court in cities.
Prosecutors with the rank of Prosecutor I 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 Municipal Trial Court in municipalities.”
In relation to the above, Section 24 of the aforesaid Law reads:
“Sec. 24. Retroactivity – The benefits mentioned in Section[s] 14 and 16 hereof shall be granted to those who retired prior to the effectivity of this Act.”(underscoring supplied)
Prior to the enactment of R.A. No. 10071, Assistant Provincial Fiscals do not enjoy the same qualifications for appointment, rank and privileges as those of a Judge. While the law provided for a retroactive application specifically for the benefits under Sections 14 and 16 as mentioned above, the same are granted only to those who retired prior to the effectivity of R.A. [No.] 10071, which does not apply to the case of Justice [Guevara]-Salonga.
