WHEREAS, Presidential Decree No. 1275 was issued with the end in view of improving the quality of prosecution services through the re-structuring of the entire prosecution system, the regionalization of the service, and the rationalization of salaries of all State Prosecutors, Provincial Fiscals and City Fiscals and their Assistants; and
WHEREAS, there is a need to implement such Decree as soon as possible consistent with a smooth transition from the old set-up to the New national Prosecution Service;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, do hereby order and direct the following:
- The implementation of the salary rates provided in P.D. No, 1275 shall be by stages or phases in view of the large amount required to implement fully the salary rates; pending the implementation of the full salary rates, the following salary scale shall apply to the State Prosecutors, Provincial Fiscals, City Fiscals and their Assistants:
Step / Grade | 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| | | | | | | |
Special | | 40,000 | per annum | | | | | |
Special | | 38,800 | per annum | | | | | |
X | | 30,240 | 31,740 | 33,240 | 34,740 | 36,240 | 37,600 | |
IX | | 27,720 | 29,220 | 30,720 | 32,220 | 33,720 | 35,220 | 36,400 |
VIII | | 26,520 | 28,020 | 29,520 | 31,020 | 32,520 | 34,020 | 35,200 |
VII | | 25,320 | 36,820 | 28,320 | 29,820 | 31,320 | 32,820 | 34,000 |
VI | | 24,120 | 25,620 | 27,120 | 28,620 | 30,120 | 31,620 | 32,800 |
V | | 22,920 | 24,420 | 25,920 | 27,420 | 28,920 | 30,420 | 31,600 |
IV | | 21,720 | 23,220 | 24,720 | 26,220 | 27,720 | 29,220 | 30,400 |
III | | 20,520 | 22,020 | 23,520 | 25,020 | 26,520 | 28,020 | 29,200 |
II | | 19,320 | 20,820 | 22,320 | 23,820 | 25,320 | 26,820 | 28,000 |
I | | 18,120 | 19,620 | 21,120 | 22,620 | 24,120 | 25,620 | 26,800 |
- The Secretary of Justice shall coordinate with the Commissioner of the Budget in developing standards and criteria for classifying positions of State Prosecutors and Fiscals and fixing their salaries using as basis the functions, duties, responsibilities and qualifications requirements of positions; that pending the adoption of such a system the following classes may be used in classifying positions of State Prosecutors in the National Prosecution Service:
State Prosecutor I | Grade I |
State Prosecutor II | Grade II |
State Prosecutor III | Grade III |
State Prosecutor IV | Grade IV |
State Prosecutor V | Grade V |
State Prosecutor VI | Grade VI |
State Prosecutor VII | Grade VII |
State Prosecutor VIII | Grade VIII |
Senior State Prosecutor I | Grade IX |
Senior State Prosecutor II | Grade X |
Assistant Regional State Prosecutor | Grade X |
Regional State Prosecutor | Grade XI |
Assistant Chief State Prosecutor | Grade XI |
Chief State Prosecutor | Special Grade |
- Pending the adoption of that new system mentioned in Paragraph 2 herein of classifying and compensating Fiscals on the basis of functions, duties, responsibilities and qualifications required, their salaries shall be fixed in accordance with the class of the city or province of assignment. The following classes and grades shall be used in the initial implementation of the Decree:
First Class A Province and Cities Execpt Manila, Pasay City, Quezon City and Caloocan City |
| |
Provincial/City Fiscal | Grade X |
First Assistant | Grade IX |
Second Assistant | Grade VIII |
Third Assistant | Grade VII |
Fourth Assistant | Grade VI |
Other Assistant | Grade V |
| |
First Class B Provinces and Cities |
| |
Provincial/City Fiscal | Grade IX |
First Assistant | Grade VIII |
Second Assistant | Grade VII |
Third Assistant | Grade VI |
Fourth Assistant | Grade V |
Other Assistant | Grade IV |
| |
First Class C Provinces and Cities |
| |
Provincial/City Fiscal | Grade VIII |
First Assistant | Grade VII |
Second Assistant | Grade VI |
Third Assistant | Grade V |
Fourth Assistant | |
| |
Second Class Provinces and Cities |
| |
Provincial/City Fiscal | Grade VII |
First Assistant | Grade VI |
Second Assistant | Grade V |
Third Assistant | Grade IV |
| |
Third Class Provinces and Cities | |
| |
Provincial/City Fiscal | Grade VI |
First Assistant | Grade V |
Second Assistant | Grade IV |
Third Assistant | Grade III |
| |
Fourth Class Provinces and Cities | |
| |
Provincial/City Fiscal | Grade V |
First Assistant | Grade IV |
Second Assistant | Grade III |
| |
Fifth Class Provinces and Cities | |
| |
Provincial/City Fiscal | Grade IV |
First Assistant | Grade III |
| |
For the Cities of Manila, Quezon City, Pasay City and Caloocan City |
| |
City Fiscal | Special Grade | P38,800 |
First Assistant | Grade X | |
Second Assistant | Grade IX | |
Third Assistant | Grade VIII | |
Fourth Assistant | Grade VII | |
Other Assistants | Grade VI | |
- Within a reasonable time from the issuance of this Letter of Implementation, the Secretary of Justice shall prepare a Staffing Pattern for the New National Prosecution Service and submit the sane to the Office of the President through the Budget Commission taking into consideration the personnel and the positions required by the Service; that upon approval of that Staffing Pattern all positions currently existing in the Prosecution Service of the Department of Justice, and all positions of Provincial Fiscal, City Fiscal, their assistants whose appointments are vested in the President shall be considered abolished and all present incumbents separated from the service unless re-appointed by the President in accordance with existing appointment procedures for State Prosecutors and Fiscals.
- In the initial implementation of the Decree, all appointments shall be placed at the minimum of the salary grade.
- It shall be understood that Staff Members and employees of the Department of Justice and the Office of the Solicitor General are employees and staff members of the Executive Branch, Hence, they shall be covered by salary rules and regulations of the Executive Branch. When Judicial ranks are used by reference to give prestige to a position in the National Prosecution Service or the Department of Justice, such rank should not be used as basis for applying salary rates or emoluments applicable to positions in the Judicial Branch.
- Other Prosecution Attorneys whose appointment is lodged in the Secretary of Justice as well as administrative, supportive personnel and other positions not covered by this Letter of Implementation shall be covered by National Classification and Pay Plans under Presidential Decree No. 985. Fending the classification by the OCPC, Prosecution Attorneys may be paid at the rate of P15,000 per annum.
- All officers and employees who may be separated or removed from the service by reason of the reorganization authorized herein shall be granted a gratuity at a rate equivalent to one month's salary for every year of continuous satisfactory service rendered, or the equivalent nearest fraction thereof favorable to them on the basis of the highest salary received: PROVIDED, That any such officer or employee already entitled to gratuity or pension under existing law shall have the option to select between said gratuity or pension and the gratuity provided for in this Decree.
- A staffing pattern shall be developed jointly by the Secretary of Justice and the Commissioner of the Budget to implement the new organization, provided that no new positions are created thereby.
- The Secretary of Justice shall prepare a plan for smooth transition towards the new Prosecution service, to ensure continuity in the handling of pending cases despite this reorganization.
Salary adjustments shall be made effective no earlier than April 1, 1978.
Done in the City of Manila, this 11th day of April, in the year of Our Lord, nineteen hundred and seventy-eight.
| | | (Sgd.) FERDINAND E. MARCOS |
| | | President |
| | | Republic of the Philippines |
| | | |
| | | |
| By the President: | | |
| | | |
| (Sgd.) JACOBO C. CLAVE | | |
| Presidential Executive Assistant | | |