Divorce: "Before Spain, we had divorce. After Spain, we had divorce for 32 years. Muslims never stopped having the option and some of our indigenous peoples still practice it. Indeed, divorce is NOT alien to Filipinos as claimed by some...."

See - http://manilastandard.net/mobile/article/302578 

"x x x.

Divorce in the Philippines: Then and now

by Elizabeth Angsiocoposted August 17, 2019 at 12:40 am 







"It is most definitely not a foreign concept to Filipinos."

Divorce, is again a hot topic these days with the filing in both Houses of Congress of bills that will bring divorce back to the country. Yes, you read it right. We had divorce laws before despite not having it now.

We have heard senators express views against divorce on the basis of Filipino culture. They say that divorce is a foreign concept, it is not Filipino.

Yet, we had divorce-like practices before the Spaniards colonized us. These practices are mentioned in several pieces of literature on pre-colonial Philippines. In fact, such are still being practiced by some of our indigenous peoples.

Also, Filipino Muslims did not lose this option under the law unlike their Christian counterparts. On June 18, 1949, the divorce law was repealed by The Civil Code of the Philippines. However, RA 349 was enacted in the same month allowing absolute divorce for Muslims in non-Christian provinces. In 1977, Ferdinand Marcos, incorporated this in PD No. 1083, “A Decree to Ordain and Promulgate a Code Recognizing the System of Filipino Muslim Laws, Codifying Muslim Personal Laws ...” Thus, Muslim Filipinos have continuously had divorce as an option to dissolve marriages.

The Spaniards must have been shocked at the “liberal” practices of the people they found here when they arrived. So they instituted Las Siete Partidas, the law that only allowed relative divorce, or legal separation. This is the same law we now under which couples may be allowed to separate in terms of abode and properties WITHOUT invalidating their marriage. This means that neither party can legally remarry.

After the Philippine-American War, Siete Partidas was supplanted by Act. No. 2710, or the “Divorce Law” by the Americans on March 11, 1917. Absolute divorce, the law that nullified valid marriages, was allowed on grounds of adultery on the part of the wife, and concubinage by the husband.

Even at that time there were already those advocating for a more liberal divorce law. Governor General Francis Burton asserted that the grounds were too restricted and impractical. Associate Justice Fisher of the Supreme Court wrote a series of Articles in Manila Daily Bulletin saying that the law was inconsistent with the modern problems of Filipino families. They wanted a more relaxed law on divorce.

Eventually, a movement for easier divorce law composed of Filipinos emerged. Senators Camilo Osias and Benigno Aquino favored a more liberal law. They filed bills that were passed by both Houses of Congress only to be vetoed by the Governor General then. Since the bills were passed by a Congress of Filipinos, one can say that that Congress favored a liberal divorce law.

Then the Japanese came. Act. No. 2710 was supplanted by Executive Order No. 141 on March 25, 1943, through the Chair of the Philippine Executive Commission with the approval of the Imperial Japanese Forces in the Philippines. EO No. 141 allowed absolute divorce based on 11 grounds: adultery and concubinage; attempt on the life of one spouse by the other; a subsequent marriage by either party before the previous one was dissolved; loathsome contagious diseases contracted by either spouse; incurable insanity; impotency; repeated bodily violence by one against the other; intentional or unjustified desertion continuously for at least one year; unexplained absence from the last conjugal abode continuously for at least three years; and slander by deed or gross insult by one spouse against the other. Again, this liberal law came into effect in 1943, some 76 years ago.

After the Philippines was “liberated” by the Americans from Japan, General Douglas MacArthur as the Commander-in-Chief proclaimed that all laws shall revert to those that were valid during the Commonwealth era. This meant that on Oct. 23, 1944, EO 141 was again supplanted by Act. No. 2710. The divorce law was again more restrictive. Still, there was divorce.

Again, there were attempts at liberalizing the law. In 1946, bills were filed by Congresspersons Hermenegildo Atienza (uncle of Buhay Party-List Representative Lito Atienza, a most vocal opponent of the present divorce bills), and Marcos Calo for this purpose.

The subsequent drafting of the Civil Code of the Philippines in 1947 became the major arena for a more relaxed divorce law. Again, the fight was led by Rep. Atienza who was proposing amendments to the draft of the Civil Code that totally scrapped divorce up until the very last minutes before it was adopted.

The Catholic lobby was very strong then. They succeeded in having Title IV on Divorce totally deleted and again replced with Legal Separation. Interestingly also, the Chair of the Code Commission Jorge Bocobo, wrote in a newspaper that the divorce law was not liberalized despite the favorable sentiments of a good number of the Commission members because this was requested by the late President Manuel Roxas. Roxas passed away due to a heart attack in 1948.

Thus, June 18, 1949, the day when The Civil Code of the Philippines was adopted marked the demise of the divorce law in the Philippines for non-Muslims and those not practicing indigenous customs.

Still, soon after its adoption, Senator Vicente Y. Sotto (the grandfather of the present Senate President Tito Sotto, another staunchly anti-divorce legislator) introduced a bill that would allow absolute divorce with grounds that were more liberal than the American era Act. No. 2710. Unfortunately, Sen. Sotto passed away on May 28, 1950 at the age of 73.

In recent history, other legislators filed bills that could have legalized divorce. Former Rep. Manuel Ortega filed HB No. 6993 in 1999, Sen. Rodolfo Biazon filed SB No. 782 and Rep. Bellaflor Angara-Castillo filed HB No. 878 in 2001. Since then, divorce bills have been subsequently and repeatedly filed by other legislators.

Last Congress, the House of Representatives passed on Third and Final Reading a liberal bill on absolute divorce filed by Representative Edcel Lagman. However, the Senate did not move on this. This Congress, bills have again been filed in both Houses. One of the former champions in the House who is now back in the Senate, Sen. Pia Cayetano, filed her bill and is expected to work hard for its passage.

Before Spain, we had divorce. After Spain, we had divorce for 32 years. Muslims never stopped having the option and some of our indigenous peoples still practice it. Indeed, divorce is NOT alien to Filipinos as claimed by some. It is time to re-enact a progressive divorce law.

(Those interested may read “History of Divorce Legislation in the Philippines since 1900” by Deogracias T. Reyes, the main reference material for this piece.)

@bethangsioco on Twitter Elizabeth Angsioco on Facebook

x x x."

Duterte signed 27 new laws in July-August 2019

See - https://www.onenews.ph/post-sona-scorecard-27-laws-adopted-9-vetoed


"x x x.

Data from the Presidential Legislative Liaison Office showed that the President has affixed his signature on 27 measures since July 25, triple the number of bills he vetoed since assuming office in 2016.

Eleven of the bills were signed on July 25, three on July 31, one on Aug. 7 and 12 on Aug. 8.

Signed into law after Duterte’s fourth SONA were the following:


• Republic Act (R.A.) No. 11346 increasing the excise tax on tobacco products.

The measure raises tobacco excise tax rates and imposes taxes on heated tobacco and vapor products to raise funds for the government’s health care program.

• RA 11350: National Commission of Senior Citizens Act

The law creates a commission that will formulate policies to protect the rights of senior citizens and ensure the implementation of programs designed for their benefit.

• RA 11358: National Vision Screening Act

The measure establishes a national vision screening program for kindergarten pupils to help those with eye ailments.

• RA 11360: Law requiring establishments to distribute in full to their employees the service charges collected.

The measure amends Article 96 of the Labor Code, which stated that 85 percent of service charges collected by establishments shall be distributed to employees.

• RA 11361: Anti-Obstruction of Power Lines Act

The law enumerates and seeks to punish acts that will interrupt the transmission and distribution of electricity.

• RA 11362: Community Service Act

The measure seeks to promote restorative justice and decongest jails by allowing courts to require community service in lieu of imprisonment for offenses punishable by up to six months in prison.

• RA 11363: Philippine Space Act

The law creates the Philippine Space Agency, which will create, develop and implement the country’s space program.

• RA 11364: Cooperative Development Authority Charter of 2019

The law aims to strengthen and reorganize the Cooperative Development Authority, which is mandated to develop and formulate regulations, standards and rules to ensure the effective operation of cooperatives.

• RA 11369: National Students’ Day Act

The law declares Nov. 17 of every year as National Students’ Day to recognize the contribution of student activism to the country’s democracy.

• RA 11371: Murang Kuryente Act

The law seeks to reduce electricity rates by allotting a portion of the net national government share from the Malampaya Natural Gas Project for the payment of stranded contract costs and stranded debts.

• RA 11370: An act declaring Sept. 8 of every year a special working holiday in commemoration of the feast of the nativity of the Blessed Virgin Mary.

• RA 11372: Philippine Coast Guard General Hospital Act

The law seeks to promote the well-being and provide the medical needs of active and retired coast guard personnel and their dependents.

• RA 11357: Solar Para sa Bayan Corp. franchise

The measure grants a 25-year franchise to a solar company controlled by Leandro Leviste, son of Antique Rep. Loren Legarda.

• RA 11347, 11348: Laws establishing PUP campuses in Quezon City and San Juan

• RA 11349: Law creating three additional branches of the Regional Trial Court in Macabebe, Pampanga

• RA 11351: An act upgrading the sub-district engineering office in Carmona, Cavite into a regular district engineering office

• RA 11352: Law granting a franchise to Bohol Chronicle Radio Corp. and laws renewing the franchises of Mountain Province Broadcasting Corp. (RA 11353), Southern Broadcasting Network Inc. (RA 11354), Radioworld Broadcasting Corp. (RA 11355), Beacon Communications Systems Inc. (RA 11356), Radio Audience Developers Integrated Organization Inc. (RA 11368), Mareco Broadcasting Network (RA 11367) and Solidnorth Broadcasting System (RA 11366).

• RA 11359: An act increasing the bed capacity of Jose B. Lingad Memorial General Hospital in San Fernando, Pampanga from 500 to 1,000

• RA 11365: An act declaring the Balanga Wetland and Nature Park in Bataan as a responsible and community-based ecotourism zone

x x x."

Irrelevant defenses in RA 9262 domestic violence case

“Anent the third issue, his former counsel's supposed gross negligence in failing to present the court actions between his mother and his mother-in-law and his filing a petition for the declaration of nullity of his marriage to complainant, the same are irrelevant as the elements for the violation of Section 5(i) of RA No. 9262 have been duly established.

That said elements have been duly established also disposes of the last issue raised, that the emotional/mental anguish suffered by the complainant was not proven. As found by the trial and appellate courts, the elements are all present; thus, petitioner's contention that his conviction was based on mere conjecture has already been evaluated and been found to be without merit. It has long been established that this Court is not a trier of facts. Factual findings of the RTC are conclusive and binding on this Court when affirmed by the CA. It is not the place for the petitioner to insist on a review of the factual findings of the trial courts, without showing that it falls under the exceptions.”

G.R. No. 234520, February 28, 2018]. ALLAN SAN JUAN VILLALON VS. PEOPLE OF THE PHILIPPINES. 

RA 9262 domestic violence case; conversion to Islam not a valid defense: Moreover, even if We accept for the sake of argument his supposed conversion to Islam, the same does not relieve him of liability for his acts. Even if under P.D. No. 1083, he can possibly have more than one wife, said law is not a license for him to commit acts of violence or abuse against the complainant. There is a glaring lapse in logic for him to use religion as a defense for his actions.

G.R. No. 234520, February 28, 2018]. ALLAN SAN JUAN VILLALON VS. PEOPLE OF THE PHILIPPINES.

“As to his supposed conversion to Islam, the same is neither established nor relevant. It is noteworthy that it is only in the present petition that petitioner raises his supposed conversion to Islam in 2009 as an issue. It was not raised at the trial court, nor was it brought up at the CA. Further, there is only the attached annex in the present petition to show his supposed conversion, nothing more. If petitioner had truly converted to Islam in 2009, and believed that the same is a defense in his case, nothing prevented him from presenting it as an issue at the trial court, considering that the charge against him was filed in 2011.

Moreover, even if We accept for the sake of argument his supposed conversion to Islam, the same does not relieve him of liability for his acts. Even if under P.D. No. 1083, he can possibly have more than one wife, said law is not a license for him to commit acts of violence or abuse against the complainant. There is a glaring lapse in logic for him to use religion as a defense for his actions.”

Waiver of right against self-incrimination

See - https://www.projectjurisprudence.com/2019/06/husband-convicted-of-calling-wife-tanga-villalon-v-people-gr-no-234520.html?m=1

G.R. No. 234520, February 28, 2018]. ALLAN SAN JUAN VILLALON VS. PEOPLE OF THE PHILIPPINES.

“Anent the first issue, it must be stated that the right against self-incrimination is not an absolute right, nor does it operate as a bar to any self-incriminating testimony. The case of People v. Ayson laid down the rule:

The right against self-incrimination is not self-executing or automatically operational. It must be claimed. If not claimed by or in behalf of the witness, the protection does not come into play. It follows that the right may be waived, expressly, or impliedly, as by a failure to claim it at the appropriate time. In this particular case, petitioner had the option NOT to answer the questions propounded, but chose to answer them anyway, in spite of claiming that his right against self-incrimination was raised at the time the questions were asked. This operates as a waiver of his right, and his answers must stand.”

Administrative cases vs. PNP members; Finality of Disciplinary Action.

REPUBLIC ACT No. 6975 

December 13, 1990
AN ACT ESTABLISHING THE PHILIPPINE NATIONAL POLICE UNDER A REORGANIZED DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, AND FOR OTHER PURPOSES
"Department of the Interior and Local Government Act of 1990."
Section 45. Finality of Disciplinary Action. – The disciplinary action imposed upon a member of the PNP shall be final and executory: Provided, That a disciplinary action imposed by the regional director or by the PLEB involving demotion or dismissal from the service may be appealed to the regional appellate board within ten (10) days from receipt of the copy of the notice of decision: Provided, further, That the disciplinary action imposed by the Chief of the PNP involving demotion or dismissal may be appealed to the National Appellate Board within ten (10) days from receipt thereof: Provided, furthermore, That the regional or National Appellate Board, as the case may be, shall decide the appeal within sixty (60) days from receipt of the notice of appeal: Provided, finally, That failure of the regional appellate board to act on the appeal within said period shall render the decision final and executory without prejudice, however, to the filing of an appeal by either party with the Secretary.
Section 48. Entitlement to Reinstatement and Salary.– A member of the PNP who may have been suspended from office in accordance with the provisions of this Act or who shall have been terminated or separated from office shall, upon acquittal from the charges against him, be entitled to reinstatement and to prompt payment of salary, allowances and other benefits withheld from him by reason of such suspension or termination.

Administrative cases are independent from criminal actions for the same acts or omissions

See - https://www.manilatimes.net/criminal-cases-are-separate-from-administrative-action/595203/


"Xxx.

The two cases are independent from each other. In the case Flores vs People of the Philippines (GR 222861, April 23, 2018), the Supreme Court, through Associate Justice Alexander Gesmundo, stated that:

“It is hornbook doctrine in administrative law that administrative cases are independent from criminal actions for the same acts or omissions. Thus, an absolution from a criminal charge is not a bar to an administrative prosecution, or vice versa. Given the differences in the quantum of evidence required, the procedures actually observed, the sanctions imposed, as well as the objective of the two proceedings, the findings and conclusions in one should not necessarily be binding on the other. Hence, the exoneration in the administrative case is not a bar to a criminal prosecution for the same or similar acts which were the subject of the administrative complaint or vice versa.

“x x x.

“In the case at bar, the administrative case for grave misconduct filed against petitioner and the present case for simple robbery are separate and distinct cases, and are independent from each other. The administrative and criminal proceedings may involve similar facts but each requires a different quantum of evidence. In addition, the administrative proceeding conducted was before the PNP Internal Affairs Service and was summary in nature. In contrast, in the instant criminal case, the Regional Trial Court conducted a full-blown trial and the prosecution was required to proffer proof beyond reasonable doubt to secure petitioner’s conviction.

Furthermore, the proceedings included witnesses who were key figures in the events leading to petitioner’s arrest. Witnesses of both parties were cross examined by their respective counsels creating a clearer picture of what transpired, which allowed the trial judge to have a better appreciation of the attendant facts and determination of whether the prosecution proved the crime charged beyond reasonable doubt.”

Applying the above-cited decision in your situation, the administrative case arising from the same act, which you filed against the respondent, is distinct from the criminal case. Thus, the dismissal of the administrative case does not affect the prosecution of the criminal case. The procedure in the administrative case is summary in nature and the quantum of proof required is substantial evidence, whereas, in the criminal case, proof beyond reasonable doubt is necessary.

Xxx."

RA 10071 - "Prosecution Service Act of 2010."

REPUBLIC ACT No. 10071

AN ACT STRENGTHENING AND RATIONALIZED THE NATIONAL PROSECUTION SERVICE
Section 1. Title. - This Act shall be known as the "Prosecution Service Act of 2010."

Section 2. Scope. - The constituent offices herein covered shall include the Prosecution Staff and the Regional, Provincial and City Prosecution Offices under the Secretary of Justice, that compose the National Prosecution Service as created and established in the succeeding sections.

Section 3. Creation of the National Prosecution Service. - There is hereby created and established a National Prosecution Service to be 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 prosecutor as are hereinafter Provided, which shall be primarily responsible for the preliminary investigation and prosecution of all cases involving violations of penal laws under the supervision of the Secretary of Justice, subject to the provisions of Sections 4, 5 and 7 hereof.


Section 4. Power of the Secretary of Justice. - The power vested in the Secretary of Justice includes authority to act directly on any matter involving national security or a probable miscarriage of Justice within the jurisdiction of the prosecution staff, regional prosecution office, and the provincial prosecutor or the city prosecutor and to review, reverse, revise, modify or affirm on appeal or petition for review as the law or the rules of the Department of Justice (DOJ) may provide, final judgements and orders of the prosecutor general, regional prosecutors, provincial prosecutors, and city prosecutors.

For purposes of determining the cases which may be acted on, directly by the Secretary of Justice, the phrase "national security" shall refer to crimes against national security as Provided under the Penal Code, Book II, Title 1, and other cases involving acts of terrorism as defined under the Human Security Act under Republic Act No. 9372.

Section 5. The Prosecution Staff and its Functions. - There shall be in the Office of the Secretary of Justice a prosecution staff that shall be composed of prosecuting officers in such number as herein below determined. It shall be headed by a Prosecutor General who shall be assisted by the following:

(a) Five (5) Senior Deputy State Prosecutors;

(b) Five (5) Deputy State Prosecutors;

(c) Thirty five (35) Senior Assistant State prosecutors;

(d) Eighty (80) Assistant State Prosecutors; and

(e) Twenty (20) Prosecution Attorneys.

The Prosecution Staff, which shall be under the control and supervision of the Secretary of Justice, shall have the following functions:

(1) Assist the secretary of Justice in the exercise of his/her appelate jurisdiction;

(2) Conduct the preliminary investigation and prosecution of criminal cases involving national security, those for which task forces have been created and criminal cases whose venues are transferred to avoid miscarriage of justice, all when so directed by the Secretary of Justice as public interest may require;

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

(4) Investigate administrative charges against prosecutors, other prosecution 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

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

The Prosecutor General and Senior Deputy State Prosecutors shall act as a Selection and Promotion Board to screen for appointment or promotion to any prosecutorial position in the Office of the Prosecutor General. The regional prosecutor, provincial prosecutor or city prosecutor shall sit as a member of the Board whenever it considers applicants for positions in his/her office. The Prosecutor General shall be the chairperson of the Board.

Section 6. Regional Prosecution Office. - There shall be at each administrative region, except the National Capital Region (NCR), a Regional Prosecution Office to be headed by a Regional Prosecutor who shall be assisted by one (1) Deputy Regional Prosecutor, one (1) Senior Assistant Regional Prosecutor, three (3) Assistant Regional Prosecutors, and one (1) Prosecution Attorney.

For purposes of this regionalization, the NCR shall be placed under the administrative supervision of the Prosecutor General.

Section 7. Powers and Functions of the Regional Prosecutor. - The Regional Prosecutor shall, under the control and supervision of the Secretary of Justice, have the following powers and functions:

(a) Implement policies, plans, programs, memoranda, orders, circulars and rules and regulations of the DOJ relative to the investigation and prosecution of criminal cases in his/her region;

(b) Exercise immediate administrative supervision over all provincial and city prosecutors and other prosecuting officers for provinces and cities comprised within his/her region;

(c) Prosecute any case arising within the region;

(d) When so delegated by the Secretary of Justice, resolve with finality appeals from or petitions for review of judgements and orders of provincial and city prosecutors and their assistants within the region in cases where the offenses charged are cognizable by the municipal trial court. This notwithstanding, the Secretary of Justice is not precluded from exercising his power or review over such resolutions of the regional Prosecutor in instances where lies grave abuse of discretion on the part of the Regional Prosecutor, and from determining the extent of the coverage of the power of review of the Regional Prosecutors;

(e) Designate a prosecutor from any office of the provincial or city prosecutor within the region as Acting Provincial or City Prosecutor to investigate and prosecute a case in instances where parties question the partiality or bias of a particular city or provincial prosecutor or where the city or provincial prosecutor voluntarily inhibits himself/herself by reason of relationship to any of the parties within the sixth (6th) civil degree of consanguinity or affinity;

(f) With respect to his/her regional office and the offices of the provincial and city prosecutors within his region, he/she shall:

(1) Appoint such number of subordinate officers and employees as may be necessary; and approve transfer of subordinate personnel within the jurisdiction of the regional office and exercise disciplinary actions over them in accordance with the Civil Service law, other existing laws and regulations;

(2) Approve requests for sick, vacation and maternity and other kinds of leaves, with or without pay, for a period not exceeding one (1) year, for overtime services; for permission to exercise their profession or to engage in business outside of office hours; for official travel within the region for periods not exceeding thirty (30) days; and for claims and benefits under existing laws;

(3) Exercise immediate administrative supervision over all provincial and city prosecutors, their assistants and all other prosecuting officers of the provinces and cities within his/her region;

(4) Investigate administrative complaints against prosecutors and other prosecuting officers within the region and submit his/her recommendation to the Secretary of Justice who shall, after review thereof and where warranted, submit the appropriate recommendation to the office of the president for the latter's consideration;

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

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

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

(8) Negotiate and conclude contracts for services or for furnishing supplies, materials and equipment and the likes within the budgetary limits set for the region;

(9) Within his/her region, monitor the submission of all reports as may be required by the Secretary of Justice;

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

(11) perform such other duties and functions as may be Provided by law or as may further be delegated by the Secretary of Justice.

Section 8. The Provincial Prosecutor or City Prosecutor. - There still be for each province or city a Provincial Prosecutor or city Prosecutor, as the case may be, who shall be assisted by at least one (1) Deputy Provincial Prosecutor or Deputy City Prosecutor and such number of assistant and associate prosecutors as provided for hereinafter. Provided, however, That whenever a new province or city is created, it shall have a provincial prosecutor or city prosecutor, a deputy provincial prosecutor or deputy city prosecutor and such number of assistant and associate prosecutors as there are court branches therein at the ratio of two (2) prosecutors for each branch of regional trial court, one (1) prosecutor for each branch of metropolitan trial court or municipal trial court in cities, and one (1) prosecutor for every two (2) municipal trial courts in municipalities or branches thereof municipal circuit trial courts.

Upon the establishment of the new province or city, position items of Prosecutor of the Office of the Provincial Prosecutor for the mother province in excess of the new equivalent pursuant to the ratio established above for the courts or branches thereof that remained to be served by the office shall be transferred automatically to the Office of the provincial Prosecutor or Office of the City Prosecutor for the new province or city, as the case may be: Provided, further, That when all or almost all of the regional trial court branches are seated at the city, the number of prosecutors for the city shall be proportional to the territorial jurisdiction covered by such branches of the courts.

In case a province is reverted to the mother province or a city is reconverted into a municipality for whatever reason, all the prosecution position items of the Office of the Provincial Prosecutor or Office of the City Prosecutor shall go to the Office of the Provincial Prosecutor for the mother province: Provided, however, That the position title provincial prosecutor or city prosecutor for the former province or city shall be changed to Assistant Provincial Prosecutor or Associate Prosecutor, as the case may be, and shall have the corresponding rank provided in Section 15.

When the exigencies of the service so require, a province or city may create positions for special counsels whose salaries and other emoluments shall come exclusively from local funds.

Section 9. Powers and Functions of the Provincial Prosecutor or City Prosecutor. - The provincial prosecutor shall:

(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 their respective jurisdictions, and have the necessary information or complaint prepared or made and filed against the persons accused. In the conduct of such investigations he or any of his/her assistants shall receive the statements under oath or take oral evidence of witnesses, and for this purpose may by subpoena summon witnesses to appear and testify under oath before him/her, and the attendance or evidence of an absent or recalcitrant witness may be enforced by application to any trial court;

(c) Have charge of the prosecution of all crimes, misdemeanors and violations of city or municipal ordinances in the courts at the province or city and therein discharge all the duties incident to the institution of criminal actions, subject to the provisions of second paragraph of Section 5 hereof.

Section 10. Office of the Provincial Prosecutor Number of Prosecutors in Each Province. - There shall be for each of the following provinces the corresponding number of provincial prosecutor and his/her deputies, assistants and associates:

(a) Bulacan: (47)

One (1) Provincial Prosecutor

Two (2) Deputy Provincial Prosecutors

Eighteen (18) Senior Assistant Provincial Prosecutors

Twenty-six (26) Assistant Provincial Prosecutors

(b) Pangasinan: (36)

One (1) Provincial Prosecutor

Two (2) Deputy Provincial Prosecutors

Ten (10) Senior Assistant Provincial Prosecutors

Twenty-three (23) Assistant Provincial Prosecutors

(c) Cebu: (33)

One (1) Provincial Prosecutor

Two (2) Deputy Provincial Prosecutors

Ten (10) Senior Assistant Provincial Prosecutors

Twenty (20) Assistant Provincial Prosecutors

(d) Leyte: (32)

One (1) Provincial Prosecutor

Two (2) Deputy Provincial Prosecutors

Nine (9) Senior Assistant Provincial Prosecutors

Twenty (20) Assistant Provincial Prosecutors

(e) Quezon; Camarines sur: (31)

One (1) Provincial Prosecutor

Two (2) Deputy Provincial Prosecutors

Nine (9) Senior Assistant Provincial Prosecutors

Nineteen (19) Assistant Provincial Prosecutors

(f) Cagayan: (28)

One (1) Provincial Prosecutor

Two (2) Deputy Provincial Prosecutors

Eight (8) Senior Assistant Provincial Prosecutors

Seventeen (17) Assistant Provincial Prosecutors

(g) Nueva Ecija; Batangas; Laguna; Rizal: (26)

One (1) Provincial Prosecutor

Two (2) Deputy Provincial Prosecutors

Eight (8) Senior Assistant Provincial Prosecutors

Fifteen (15) Assistant Provincial Prosecutors

(h) Iloilo: (24)

One (1) Provincial Prosecutor

One (1) Deputy Provincial Prosecutor

Seven (7) Assistant Provincial Prosecutors

Fifteen (15) Associate Provincial Prosecutors

(i) Cavite; Bohol: (23)

One (1) Provincial Prosecutor

One (1) Deputy Provincial Prosecutor

Seven (7) Assistant Provincial Prosecutors

Fourteen (14) Associate Provincial Prosecutors

(j) Isabela; Pampanga; Aklan: (22)

One (1) Provincial Prosecutor

One (1) Deputy Provincial Prosecutor

Seven (7) Assistant Provincial Prosecutors

Thirteen (13) Associate Provincial Prosecutors

(k) Samar; Zamboanga Del Sur: (20)

One (1) Provincial Prosecutor

One (1) Deputy Provincial Prosecutor

Six (6) Assistant Provincial Prosecutors

Twelve (12) Associate Provincial Prosecutors

(l) Northern Samar; Eastern Samar; (19)

One (1) Provincial Prosecutor

One (1) Deputy Provincial Prosecutor

Six (6) Assistant Provincial Prosecutors

Eleven (11) Associate Provincial Prosecutors

(m) La Union; Lanao Del Sur: (18)

One (1) Provincial Prosecutor

One (1) Deputy Provincial Prosecutor

Five (5) Assistant Provincial Prosecutors

Eleven (11) Associate Provincial Prosecutors

(n) Ilocos Sur: (17)

One (1) Provincial Prosecutor

One (1) Deputy Provincial Prosecutor

Five (5) Assistant Provincial Prosecutors

Ten (10) Associate Provincial Prosecutors

(o) Benguet; Camarines Norte; Negros Oriental: (16)

One (1) Provincial Prosecutor

One (1) Deputy Provincial Prosecutor

Five (5) Assistant Provincial Prosecutors

Nine (9) Associate Provincial Prosecutors

(p) Nueva Vizcaya; Misamis Oriental: (15)

One (1) Provincial Prosecutor

One (1) Deputy Provincial Prosecutor

Four (4) Assistant Provincial Prosecutors

Nine (9) Associate Provincial Prosecutors

(q) Ilocos Norte; Antique; Negros Occidental; Cotabato: (14)

One (1) Provincial Prosecutor

One (1) Deputy Provincial Prosecutor

Four (4) Assistant Provincial Prosecutors

Eight (8) Associate Provincial Prosecutors

(r) Albay; Zamboanga Del Norte; Lanao Del Norte: (13)

One (1) Provincial Prosecutor

One (1) Deputy Provincial Prosecutor

Four (4) Assistant Provincial Prosecutors

Seven (7) Associate Provincial Prosecutors

(s) Abra; Surigao del Sur; Davao Oriental; Sulu: (12)

One (1) Provincial Prosecutor

One (1) Deputy Provincial Prosecutor

Three (3) Assistant Provincial Prosecutors

Seven (7) Associate Provincial Prosecutors

(t) Zambales; Oriental Mindoro; Masbate; Sorsogon; Southern Leyte; Capiz; Tawi-tawi: (11)

One (1) Provincial Prosecutor

One (1) Deputy Provincial Prosecutor

Three (3) Assistant Provincial Prosecutors

Six (6) Associate Provincial Prosecutors

(u) Tarlac; Occidental Mindoro; Palawan; Surigao del Norte; Agusan Del Norte; Maguindanao: (10)

One (1) Provincial Prosecutor

One (1) Deputy Provincial Prosecutor

Three (3) Assistant Provincial Prosecutors

Five (5) Associate Provincial Prosecutors

(v) Davao Del Sur; Sultan Kudarat: (9)

One (1) Provincial Prosecutor

One (1) Deputy Provincial Prosecutor

Three (3) Assistant Provincial Prosecutors

Four (4) Associate Provincial Prosecutors

(w) Ifugao; Quirino; Bataan; Romblon; Misamis Occidental; Bukidnon: (8)

One (1) Provincial Prosecutor

One (1) Deputy Provincial Prosecutor

Three (3) Assistant Provincial Prosecutors

Three (3) Associate Provincial Prosecutors

(x) Mt. Province; Marinduque; Catanduanes; Zamboanga Sibugay; Agusan del Sur; South Cotabato: (7)

One (1) Provincial Prosecutor

One (1) Deputy Provincial Prosecutor

Two (2) Assistant Provincial Prosecutors

Three (3) Associate Provincial Prosecutors

(y) Aurora; Biliran; Compostela Valley: (6)

One (1) Provincial Prosecutor

One (1) Deputy Provincial Prosecutor

Two (2) Assistant Provincial Prosecutors

Two (2) Associate Provincial Prosecutors

(z) Batanes; Kalinga; Apayao; Camiguin; Basilan; Davao del Norte; Sarangani; (4)

One (1) Provincial Prosecutor

One (1) Deputy Provincial Prosecutor

One (1) Assistant Provincial Prosecutors

One (1) Associate Provincial Prosecutors

(aa) Guimaras; Siquijor; Dinagat Islands: (3)

One (1) Provincial Prosecutor

One (1) Deputy Provincial Prosecutor

One (1) Associate Provincial Prosecutor

After the approval of this Act, there shall be for each province one (1) deputy provincial prosecutor for every twenty-five (25) prosecutors of a fraction thereof. When an office of the provincial prosecutor has more than one (1) deputy provincial prosecutor, the incumbent deputy provincial prosecutor first appointed shall be called senior deputy provincial prosecutor.

Section 11. Office of the City Prosecutor. Number of Prosecutor for Each City. - There shall be for each of the following cities the corresponding number of City Prosecutor and his/her deputies, assistants and associates.

(a) Manila: (178)

One (1) City Prosecutor

Seven (7) Deputy City Prosecutors

Seventy-four (74) Senior Assistant City Prosecutors

Ninety-six (96) Assistant City Prosecutors

(b) Quezon City: (109)

One (1) City Prosecutor

Five (5) Deputy City Prosecutors

Forty-eight (48) Senior Assistant City Prosecutors

Fifty-five (55) Assistant City Prosecutors

(c) Makati: (107)

One (1) City Prosecutor

Five (5) Deputy City Prosecutors

Fifty (50) Senior Assistant City Prosecutors

Fifty-one (51) Assistant City Prosecutors

(d) Cebu: (42)

One (1) City Prosecutor

Two (2) Deputy City Prosecutors

Seventeen (17) Senior Assistant City Prosecutors

Twenty-two (22) Assistant City Prosecutors

(e) Pasig: (37)

One (1) City Prosecutor

Two (2) Deputy City Prosecutors

Sixteen (16) Senior Assistant City Prosecutors

Eighteen (18) Assistant City Prosecutors

(f) Iloilo: (36)

One (1) City Prosecutor

Two (2) Deputy City Prosecutors

Thirteen (13) Senior Assistant City Prosecutors

Twenty (20) Assistant City Prosecutors

(g) Caloocan: (35)

One (1) City Prosecutor

Two (2) Deputy City Prosecutors

Thirteen (13) Senior Assistant City Prosecutors

Nineteen (19) Assistant City Prosecutors

(h) Pasay: (31)

One (1) City Prosecutor

Two (2) Deputy City Prosecutors

Thirteen (13) Senior Assistant City Prosecutors

Fifteen (15) Assistant City Prosecutors

(i) Bacolod; Davao; Cagayan de Oro: (30)

One (1) City Prosecutor

Two (2) Deputy City Prosecutors

Thirteen (13) Senior Assistant City Prosecutors

Fourteen (14) Assistant City Prosecutors

(j) Naga (Camarines Sur): (27)

One (1) City Prosecutor

Two (2) Deputy City Prosecutors

Twelve (12) Senior Assistant City Prosecutors

Twelve (12) Assistant City Prosecutors

(k) Paranaque: (23)

One (1) City Prosecutor

One (1) Deputy City Prosecutor

Eight (8) Senior Assistant City Prosecutors

Thirteen (13) Assistant City Prosecutors

(l) Marikina: (22)

One (1) City Prosecutor

One (1) Deputy City Prosecutor

Eight (8) Senior Assistant City Prosecutors

Twelve (12) Assistant City Prosecutors

(m) Las Pinas: (21)

One (1) City Prosecutor

One (1) Deputy City Prosecutor

Seven (7) Senior Assistant City Prosecutors

Seven (7) Assistant City Prosecutors

(n) Mandaluyong: (16)

One (1) City Prosecutor

One (1) Deputy City Prosecutor

Seven (7) Senior Assistant City Prosecutor

Seven (7) Assistant City Prosecutors

(o) Valenzuela; Muntinlupa; Taguig: (15)

One (1) City Prosecutor

One (1) Deputy City Prosecutor

Seven (7) Senior Assistant city Prosecutors

Six (6) Assistant City Prosecutors

(p) Malabon and Navotas: (13)

One (1) City Prosecutor

One (1) Deputy City Prosecutor

Five (5) Senior Assistant city Prosecutors

Six (6) Assistant City Prosecutors

(q) San Juan: (10)

One (1) City Prosecutor

One (1) Deputy City Prosecutor

Four (4) Senior Assistant city Prosecutors

Four (4) Assistant City Prosecutors

(r) Baguio; San Fernando (Pampanga); Antipolo; Dumaguete: (20)

One (1) City Prosecutor

One (1) Deputy City Prosecutor

Eight (8) Assistant City Prosecutors

Eight (10) Associate City Prosecutors

(s) Cabanatuan; Legaspi: (19)

One (1) City Prosecutor

One (1) Deputy City Prosecutor

Eight (8) Assistant City Prosecutors

Nine (9) Associate City Prosecutors

(t) Batangas: (18)

One (1) City Prosecutor

One (1) Deputy City Prosecutor

Eight (8) Assistant City Prosecutors

Eight (8) Associate City Prosecutors

(u) Angeles: (17)

One (1) City Prosecutor

One (1) Deputy City Prosecutor

Seven (7) Assistant City Prosecutors

Eight (8) Associate City Prosecutors

(v) Tacloban; Zamboanga: (16)

One (1) City Prosecutor

One (1) Deputy City Prosecutor

Seven (7) Assistant City Prosecutors

Seven (7) Associate City Prosecutors

(w) Iligan: (15)

One (1) City Prosecutor

One (1) Deputy City Prosecutor

Six (6) Assistant City Prosecutors

Seven (7) Associate City Prosecutors

(x) Laoag: San Fernando (La Union); Tuguegarao; Lucena; Iriga; Roxas: (14)

One (1) City Prosecutor

One (1) Deputy City Prosecutor

Six (6) Assistant City Prosecutors

Six (6) Associate City Prosecutors

(y) Dagupan; Olongapo; Calamba; General Santos: (13)

One (1) City Prosecutor

One (1) Deputy City Prosecutor

Five (5) Assistant City Prosecutors

Six (6) Associate City Prosecutors

(z) Tagbilaran; Butuan (12)

One (1) City Prosecutor

One (1) Deputy City Prosecutor

Five (5) Assistant City Prosecutors

Five (5) Associate City Prosecutors

(aa) Urdaneta; Puerto Prinscesa: (11)

One (1) City Prosecutor

One (1) Deputy City Prosecutor

Five (5) Assistant City Prosecutors

Four (4) Associate City Prosecutors

(bb) Dipolog: Pagadian: (10)

One (1) City Prosecutor

One (1) Deputy City Prosecutor

Four (4) Assistant City Prosecutors

Four (4) Associate City Prosecutors

(cc) San Jose Del Monte: San Pablo: Masbate: Mandaue: (9)

One (1) City Prosecutor

One (1) Deputy City Prosecutor

Three (3) Assistant City Prosecutors

Four (4) Associate City Prosecutors

(dd) Santiago; Malolos; Meycauayan; Tarlac; Sorsogon; Oroquieta: (8)

One (1) City Prosecutor

One (1) Deputy City Prosecutor

Three (3) Assistant City Prosecutors

Three (3) Associate City Prosecutors

(ee) Gapan; Balanga; Lipa; Ligao;Tabaco;Lapu-Lapu;Tagum: (7)

One (1) City Prosecutor

One (1) Deputy City Prosecutor

Three (3) Assistant City Prosecutors

Two (2) Associate City Prosecutors

(ff) San Jose; Cavite; Talisay (Cebu) : (6)

One (1) City Prosecutor

One (1) Deputy City Prosecutor

Two (2) Assistant City Prosecutors

Two (2) Associate City Prosecutors

(gg) Candon; Vigan; Alaminos;Cauayan; San Carlos (Pangasinan); Tanauan; Calapan; San Carlos (Negros Occidental); Clabayog; Ormoc; Ozamis; Malaybalay; Cotabato; Gingoog; Digos; Koronadal; Kidapawan; Marawi: (5)

One (1) City Prosecutor

One (1) Deputy City Prosecutor

Two (2) Assistant City Prosecutors

One (1) Associate City Prosecutor

(hh) Surigao: (4)

One (1) City Prosecutor

One (1) Deputy City Prosecutor

One (1) Assistant City Prosecutor

One (1) Associate City Prosecutor

(ii) Palayan; Science City of Munoz; Sta. Rosa; Tagaytay; Trece Martirez; Passi; Bago; Cadiz; Himamaylan; Kabankalan; La Carlota; Silay; Sagay; Danao; Toledo; Bais; Bayawan; Canlaon; Tanjay; Maasin; Dapitan; Isabela; Tangub; Panabo; Island Garden City of Samal; Bislig; Tacurong: (3)

One (1) City Prosecutor

One (1) Deputy City Prosecutor

One (1) Associate City Prosecutor

(jj) Escalante; Sipalay; Talisay (Negros Occidental); Victorias; Valencia: (2)

One (1) City Prosecutor

One (1) Deputy City Prosecutor

After the approval of this Act, there shall be for each city one (1 deputy city prosecutor for every twenty-five (25) prosecutors or a fraction thereof. When an Office of the City Prosecutor has more than one (1) deputy city prosecutor, the incumbent deputy city prosecutor first appointed shall be called senior deputy city prosecutor first appointed shall be called senior deputy city prosecutor.

Section 12. Realignment of the Position Items. - Upon the approval of this Act, the Prosecutor General shall transfer vacant excess position items of prosecutors to the cities within the province or to the province of which the cities used to be municipalities or to other cities within the province: Provided, however, That if the position items are occupied , they shall be transferred as soon as they become vacant or when the incumbent prosecutors consent to their transfer.

When new cities or provinces are created and court branch seats are realigned or redistributed, the Secretary of Justice shall correspondingly realign position items of prosecutors to the new cities or provinces from the provinces where cities are located or the provinces used to be part of, without prejudice to the provision of Section 8 hereof.

After the approval of this Act, branches of the Regional Trial Court that are seated t the city and hitherto try and hear criminal cases filed by either the office of the provincial prosecutor or office of the city prosecutor shall proportionally divide themselves into branches where criminal and other cases filed , and those to be prosecuted and or defended by the Office of the Provincial Prosecutor shall be exclusively raffled to, tried and heard, and branches where criminal and other cases filed, and those to be prosecuted or defended by the Office of the City Prosecutor shall be exclusively raffled to, tried and heard. Upon such division, the Secretary of Justice shall also realign position items of prosecutor of the Office of the Provincial Prosecutor and the Office of the City Prosecutor affected.

Section 13. Automatic Creation of Positions of Prosecutor. - Whenever new courts or branches thereof are created, there shall be automatically created for the province or city where such courts or branches are seated positions of assistant and associate prosecutors in such number determined pursuant to the ratio established in Section 8 hereof: Provided, however, That if the branches of a regional trial court shall be seated at a city outside the metropolitan area established by law, the number of positions shall be distributed between the city and the province where the city is located according to the territorial jurisdiction covered by such branch: Provided, further, That in case the branches created are of regional trial court, not less than one-half of the corresponding prosecutors shall have the rank of Prosecutor III If the province or city has at least twenty-five (25) prosecutors, including the additional, or the city is in a metropolitan area established by law, and the rest, Prosecutor II; otherwise, they may have the ranks of Prosecutor II and Prosecutor I.

Section 14. Qualifications, Rank and Appointment of the Prosecutor General. - The Prosecutor General 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 the Presiding Justice of the Court of Appeals and shall be appointed by the President.

Section 15. Ranks of Prosecutors. - The Prosecutors in the National Prosecution Service shall have the following ranks:
RANK POSITION/TITLE
Prosecutor V (1) Senior Deputy State Prosecutors;
(2) Regional Prosecutors; and
(3) Provincial Prosecutors or City Prosecutors of provinces or cities with at least twenty-five (25) prosecutors, and City Prosecutors of cities within a metropolitan area established by law.
Prosecutor IV (1) Deputy State Prosecutors;
(2) Deputy Regional Prosecutors;
(3) Provincial Prosecutors or City Prosecutors of provinces or cities with less than twenty-five (25) prosecutors; and
(4) Deputy Provincial Prosecutors or Deputy City Prosecutors of provinces or cities within a metropolitan area established by law.
Prosecutor III (1) Senior Assistant State Prosecutors and Senior Assistant Regional Prosecutors;
(2) Deputy Provincial or Deputy City Prosecutors of provinces or cities with less than twenty- five (25) prosecutors; and
(3) Senior Assistant Provincial Prosecutors or Senior Assistant City Prosecutors.
Prosecutor II (1) Assistant State Prosecutors;
(2) Assistant Regional Prosecutors; and
(3) Assistant Provincial Prosecutors or Assistant City
Prosecutor I (1) Associate Provincial Prosecutors or Associate City Prosecutors.


Whenever a province or city shall have had at least twenty-five (25) prosecutors or a city shall have been made a part of a metropolitan area established by law, each level of the prosecution position items of the Office of the Provincial Prosecutor or Office of the City Prosecutor thereof shall be automatically upgraded one rank higher and shall have the corresponding position titles provided in this section.

Section 16. Qualifications, Ranks, and Appointments of Prosecutors, and other Prosecution Officers. - Prosecutor with the rank of Prosecutor V shall have the same qualification for appointment, rank, category, prerogatives, salary grade, and salaries, allowances, and 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 n associate justice of the Court of 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 benefit as those of a Judge of the Regional Trial Court.

Prosecutor with the rank of Prosecutor III 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 benefit as those of a Judge of the Metropolitan Trial Court.

Prosecutor with the rank of Prosecutor II 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 benefit as those of a Judge of the Municipal Trial Court in cities.

Prosecutor with the rank of Prosecutor III 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 benefit as those of a Judge of the Metropolitan Trial Court in municipalities.

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 shall serve until they reach the age of sixty five (65) years old: Provided, however, That the ages of "seventy (70) years" and "sixty-five (65) years" and the years of service "twenty (20) years" provided in Republic Act No. 910, as amended, and other retirement laws for judges shall be understood as "sixty-five (65) years" and "sixty (60) years," and fifteen (15) 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 25. 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.

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, including the 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 the 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 provision of law assimilating the salaries of other officers to those herein mentioned.

Section 17. Continuation in Office of Prosecutors. - Upon approval of this Act, the prosecuting officers, including the prosecution attorneys, in the present prosecution staff shall continue in office to discharge the functions under this Act, and the position titles Chief State Prosecutor and Assistant Chief State Prosecutor are respectively renamed Prosecutor General and Senior Deputy State Prosecutor. All prosecutors who have the ranks of Prosecutor III and Prosecutor II in the existing prosecution staff shall be called Senior Assistant State Prosecutors and Assistant State Prosecutors, respectively, under this Act.

The Regional, Provincial or City Prosecution Office established as teach of the regions, provinces or cities pursuant to law is retained and renamed Regional Prosecution Office, Office of the Provincial Prosecutor or Office if the City Prosecutor, as the case may be.

All regional, provincial and city prosecutors and their assistants shall continue in office to discharge their functions under this Act.

All Assistant Prosecutor who have the ranks Prosecutor Iv, Prosecutor II, Prosecutor II and Prosecutor I in each of the existing regional, provincial and city prosecution offices shall be known by the position titles provided in Section 15 hereof: Provided, however, That in provinces or cities with at least twenty-five (25) prosecutors and in cities within a metropolitan area established by law all assistant prosecutors with the rank of Prosecutor I before the enactment of this Act shall be upgraded to Prosecutor II upon the approval of this Act and shall bear the title Assistant Provincial Prosecutor or Assistant City Prosecutor, as the case may be.

Section 18. No Demotion or Diminution of Salary. - Nothing in this Act shall be construed to demote a prosecutor or to diminish his salary. In the event that all the incumbent prosecutors are not accommodated by the number of position items allocated, the excess incumbents shall continue in the service until they are accommodated, transferred or separated.

Section 19. No Undermining of Security of Tenure. - Nothing in this Act shall be construed to allow the transfer, except as Provided herein or in case of temporary assignment, as public interest may require, of any prosecutor to any place or station or to undermine the security of tenure of incumbent prosecutors as provided in the laws. Such temporary assignment shall not exceed three (3) months without his or her written consent. No Provincial Prosecutor or City Prosecutor shall be detailed or assigned to another office or station, except in a concurrent capacity and with his or her written consent.lawphil

Section 20. Special Allowances. - The special allowances granted to the members of the National Prosecution Service under Republic Act No. 9279 shall continue to be given to them subject to the provisions hereof: Provided, however, that the amount not supported by the funding source specified in Section3 thereof to complete the equivalent of hundred percent (100%) of the basic salary shall be paid through appropriations included in the budget of the DOJ: Provided, further, That when the amount being supported by the said funding source shall have been also included in the General Appropriations, the fees authorized under said Section 3 shall no longer be collected.

Section 21. Retirement Benefits. - When a prosecutor, who has rendered at least fifteen (15) 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/her office, he/she shall, during the residue of his/her 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/she was receiving at the time of his/her retirement or resignation.

When a prosecutor has attained the age of sixty (60) years and has rendered at least fifteen (15) years of service in government, the last five (5) years of which must have been continuously rendered in the prosecution service, he/she shall likewise be entitled to retire and receive during the residue of his/her natural life the same benefits Provided for in this section: Provided, however, that those with less than fifteen (15) years of service in the government shall be entitled to a pro-rata pension computed as follows:
No. of years
In Government15 years Basic Pay Plus the Highest Monthly Aggregate of Transportation, Living and Representation Allowances


Section 22. Conditions. - To maintain entitlement to the pension herein Provided, no prosecutor, during the time he/she is receiving said pension, shall appear as counsel before any judicial or quasi-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/her office, or collect any fee for his/her 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/she shall not, upon assumption of office and during his/her term, retrieve the monthly pension or any of the allowance due to him/her.

Section 23. Automatic Increase. - All pension benefits of retired prosecutors of the National Prosecution Service shall be automatically increased whenever there is an increase n the salary and allowance of the same position from which he retired.

Section 24. Retroactivity. - The benefits mentioned in Sections 14 and 16 hereof shall be granted to all those who retired prior to the effectivity of this Act.

Section 25. Applicability. - All benefits heretofore extended under Republic Act No. 910, as amended, and all other benefits that may be extended by the way of amendment thereto shall likewise be given to the prosecutors covered by this Act.

Section 26. Appropriation. - There is hereby appropriated initially the sum of Fifty million pesos (P50,000,000.00) from the funds of the National Treasury not otherwise appropriated for the organization and operational expenses of the Office of the Prosecutor General for a period of one (1) year form the effectivity of this Act. The said amount shall be added to the annual budget of the DOJ.

Section 27. Repealing Clause. - All acts, laws, decrees, executive orders, letters of instructions and regulations or any part thereof which are inconsistent with any provision of this Act are hereby repealed and/or modified accordingly.

Section 28. Separability Clause. - If for any reason, any selection or provision of his Act is declared to be unconstitutional or invalid, the other sections or provisions of this Act which are not affected shall continue in full force and effect.

Section 29. Effectivity. - This Act shall take effect after fifteen (15) days following its publication in at least two (2) newspapers of general circulation or in the Official Gazette.

(Sgd.) PROSPERO C. NOGRALES
Speaker of the House of Representatives (Sgd.) JUAN PONCE ENRILE
President of the Senate

This Act was passed by the Senate and the House of Representatives on August 24, 2009 and January 26, 2010, respectively.

(Sgd.) MARILYN B. BARUA-YAP
Secretary General
House of Represenatives

(Sgd.) EMMA LIRIO-REYES
Secretary of Senate

Approved:

(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines

Lapsed into law on April 08, 2010
without the signature of the President,
in accordance with Article VI
Section 27 (1) of the Constitution

Non-profit clubs, associations - “In fine. for as long as these membership fees, assessment dues, and the like are treated as collections by recreational clubs from their members as an inherent consequence of their membership, and are, by nature, intended for the maintenance, preservation, and upkeep of the clubs’ general operations and facilities, then these fees cannot be classified as ‘the income of recreational clubs from whatever source’ that are ‘subject to income tax’,” the Court said.

See - https://newsinfo.inquirer.net/1154360/recreational-club-fees-not-subject-to-taxes-sc


"x x x.

Recreational club fees not subject to taxes – SC

By: Tetch Torres-Tupas - Reporter / @T2TupasINQ
INQUIRER.net / 10:37 PM August 15, 2019

The Supreme Court has ruled that membership fees, assessment dues and other fees collected by clubs organized for “pleasure, recreation and other non-profit purposes” are not subject to income and value-added taxes.

In a decision by the high court’s 2nd division, it set aside the ruling of the Makati City Regional Trial Court that affirmed the legality of Revenue Memorandum Circular (RMC) No. 35-2012 of the Bureau of Internal Revenue (BIR).

The circular provides that “clubs which are organized and operated exclusively for pleasure, recreation, and other non-profit purposes are subject to income tax under the National Internal Revenue Code (NIRC) of 1997, as amended.”

With regards to the value-added tax (VAT), the circular provides that “the gross receipts of recreational clubs including but not limited to membership fees, assessment dues, rental income, and service fees are subject to VAT.”

But the high court, through Associate Justice Estela Perlas-Bernabe said such dues and fees “do not constitute as ‘the income of recreational clubs from whatever source’ that are ‘subject to income tax’ and part of the ‘gross receipts of recreational clubs’ that are subject to value-added tax.”
The Court said what is being collected is considered contributions to and/or replenishment of the funds for the maintenance and operations of the facilities offered by recreational clubs to their members.

“In fine. for as long as these membership fees, assessment dues, and the like are treated as collections by recreational clubs from their members as an inherent consequence of their membership, and are, by nature, intended for the maintenance, preservation, and upkeep of the clubs’ general operations and facilities, then these fees cannot be classified as ‘the income of recreational clubs from whatever source’ that are ‘subject to income tax’,” the Court said.
“Instead, they only form part of the capital from which no income tax may’ be collected or imposed,” the ruling stated.

The high court, in granting the petition of the Association of Non-Profit Clubs, Inc. (ANPC) ordered the BIR to re-align its Aug. 3, 2012 Memorandum Circular No. 35-2012 in accordance with its decision.
x x x."

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Hague Service Convention; Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters

See - https://www.pna.gov.ph/articles/1078514


"x x x.

PH to accede to Hague Service Convention
By Joyce Ann L. Rocamora 

 August 23, 2019, 8:02 am

The Philippines will soon accede to the Hague Service Convention, a treaty that simplifies the process of serving court documents on parties living in another state, Foreign Affairs Undersecretary Eduardo Malaya bared Thursday.

The future accession of the country to the Hague Service Convention, or the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, would follow the Apostille Convention's entry into force between the Philippines and other state parties last May.

"The Service of Process Convention will address court delays and simplify the serving of summons and other court documents in a foreign jurisdiction," Malaya told reporters in an interview on the sidelines of the 7th Biennial Conference of the Asian Society of International Law in Manila.

He said the Philippines hopes to accede to the treaty "in the next few months."

At present, the DFA is closely coordinating and is in consultation with the Supreme Court about it, he noted.

"We will become a state party to that and that could be a big help to the judiciary and bring a lot of benefits to Filipinos who may be having cases in court. So there are a lot of practical benefits," Malaya said.

Malaya said this is only among the several treaties Manila plans to endorse.

x x x."

Small claims

See - https://news.mb.com.ph/2019/08/22/supreme-court-removes-p500-mediation-fees-in-small-claims-cases/

"x x x.

Supreme Court removes P500 mediation fees in small claims cases
By Rey PanaliganPublished August 22, 2019, 2:33 PM

Starting September 2, those who will file small claims cases ranging from P300,000 to P400,000 before the first-level trial courts nationwide are no longer required to pay the P500 mediation fees.

The deletion of the P500 mediation fees was approved last month by the Supreme Court (SC) as a full court on a recommendation submitted by Associate Justice Diosdado M. Peralta, chair of the SC’s committee on the revision of rules.

Peralta said the removal of the fees will ease the financial burden for litigants in small claims cases filed before the metropolitan trial courts (MTCs), metropolitan trial courts in cities (MTCCs), municipal trial courts (MTCs), and municipal circuit trial courts (MCTCs).

Under the rule, the first-level courts are mandated to resolve small claims cases within 30 days from the day the statement of claim was filed.

The rule also provides that lawyers are not allowed to represent a party in small claims cases.

First level courts have been notified of the new rule on mediation fees in a circular issued by Court Administrator Jose Midas P. Marquez whose office supervises trial courts for the SC.


“Pursuant to 9 July 2019 Resolution in A.M. No. 19-07-07-SC (Re. Payment of Mediation Fees in Small Claims Cases) of the Court En Banc, and upon the recommendation of Associate Justice Diosdado M. Peralta, the payment of mediation fees in small claims cases shall NO LONGER BE REQUIRED effective 2 September 2019,” Marquez’s circular stated.

Last April, the limit for small claims cases was increased by the SC from P300,000 to P400,000 for cases filed before the MTCs, also on recommendation of Peralta who by October 26 with the retirement of Senior Associate Justice Antonio T. Carpio will automatically be the acting Chief Justice if President Duterte has not appointed the replacement of Chief Justice Bersamin who will retire on October 18.

The SC’s public information office (PIO) said that “before the concept of small claims was introduced in our court system, the Revised Rule on Summary Procedure applied to money claims not exceeding P100,000.00 in first level courts outside Metro Manila, while P200,000.00 in first level courts within Metro Manila, otherwise known as the MTCs.”

In 2015, the SC increased the limit to P200,000 and further increased the amount to P300,000 in 2018.

Peralta said the increase in the limit in small claims cases “will result in the speedier and more efficient resolution of money claims cases, as well as help increase the country’s score in the World Bank’s Ease of Doing Business Report.”

In the World Bank’s 2019 Report, the Philippines ranked 124th out of 190 countries, dropping from its 2018 ranking of 113th.

Peralta said that “applying the Revised Rules of Procedure for Small Claims Cases in all money claims filed before the MTCs will increase the country’s score in next year’s report.”

He pointed out that “the increase is in accord with the four-point agenda of Chief Justice Lucas P. Bersamin for the Judiciary, to make our rules more efficient, effective and responsive to the needs of the court users.”

Earlier, Trade and Industry Secretary Ramon M. Lopez said: “the move initiated by the Supreme Court will benefit small entrepreneurs using the court system and result in an increase in the country’s ranking in the World Bank Doing Business Survey.”

Lopez also said that “the SC’s swift action to increase the threshold for small claims in the Metropolitan Trial Courts in Metro Manila will significantly reduce the number of days for trial and judgment….”

“This reform is one of the initiatives of the government to promote Ease of Doing Business. The DTI is optimistic that the strong partnership between the Executive and the Judicial branches of government will bring positive results. We look forward to working with the Supreme Court to improve the quality of judicial processes index, particularly in the area of court automation and case management,” he added.

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