NATIONAL PROSECUTION SERVICE

Presidential Decree (PD) 1275 of 1978 established the National

Prosecution Service under direct supervision of the secretary of the DoJ. It
is empowered to investigate and prosecute all crimes described by the
Revised Penal Code (RPC), investigate administrative cases against its own
officers, prepare legal opinions or queries about violations of the RPC and
other laws, and to review appeals to resolutions of cases by prosecutors.

The CSP is the head of the NPS. Five Assistant Chief State
Prosecutors (ACSPs) have oversight over divisions of the NPS, namely:
Inquest and Special Concerns; Preliminary Investigation and Prosecution;
Review and Appeals; Administrative, Personnel Development, and Support
Services; and Disciplinary, Field Operations, and Special Concerns.

The Inquest and Special Concerns Division conduct inquests and

examine criminal complaints filed directly with the prosecutor’s office. As
mentioned earlier, inquest proceedings are carried out by inquest
prosecutors on cases involving persons arrested without the benefit of an
arrest order (as prescribed by the DoJ Circular 16). This division too is
responsible for appearing in meetings called by the law enforcement
agencies, and related activities.

The Preliminary Investigation and Prosecution Division is responsible

for the conduct of investigation and prosecution of cases once they are filed
with the Office of the Chief State Prosecutor (OCSP), or those cases filed
under inquest proceedings. It has oversight over the proper conduct of
preliminary investigation and the prosecution of cases in courts.

The Review and Appeals Division evaluates and reviews appeals made
or petitions filed for review on final resolutions of prosecutors, as described
above.

The Administrative, Personnel Development and Support Services

Division handles career improvement and continuing legal education for the
NPS. However, the prosecutors’ development training is for the time being
integrated into other private entities or training programmes offered by the
judiciary. The NPS does not have its own development program for
prosecutors. For the most part, continuing legal education is lumped
together with the Mandatory Continuing Legal Education programme of the
Integrated Bar of the Philippines and the University of the Philippines Law
Center. This programme requires all lawyers, not only prosecutors, to
undergo continuing legal education to enable them to keep abreast of
recent law and practice. Other programmes include those of the National
Prosecutor’s League of the Philippines, but are privately organized and
funded, and voluntary.

The Disciplinary, Field Operations and Special Concerns Division has

as its mandate the conducting of investigations and preparing of
resolutions on administrative charges against prosecution and support
staff. It coordinates and monitors the activities of the prosecution staff in
different levels all over the country and is also involved in legal research
and providing opinions on proposed legislation by the DoJ.
 The OCSP has a total of 119 State Prosecutors, while 14 Regional
State Prosecutors, 96 City Prosecutors, 79 Provincial Prosecutors and 1,801
Assistant Provincial Prosecutors all over the country are also under its
supervision. The number of prosecutors though varies in each province or
city depending on its size. Previously, PD 1275 allowed for the regionalising
of prosecution functions. The RSP once exercised direct supervision and
control over prosecution staff within the same region—for instance, transfer
of assignment and dismissal—but later these responsibilities were recalled.
The operation and functioning of the NSP is now mostly centralised.