Law granting survivorship benefits to kin of deceased state prosecutors signed

This photo shows the Department of Justice office in Faura, Manila.
File photo

MANILA, Philippines — President Rodrigo Duterte has enacted a law granting retirement benefits to the surviving legitimate spouse and dependent children of deceased members of the National Prosecution Service.

Dutete on January 11 signed Republic Act 11643 or the “Act granting survivorship benefits to the surviving, legitimate spouse and dependent children of a deceased retired member of the National Prosecution Service and appropriating funds therefor.”

The copy of the signed law was released only on Thursday.

Members of the NPS refer to prosecutors in the Office of the Secretary of Justice, regional prosecution offices and the offices of the provincial and city prosecutors.

Under the measure, in case of death of an NPS member or a member is eligible to retire optionally at the time of death, the surviving legitimate spouse and dependent children shall receive all retirement benefits the deceased member was receiving or entitled to receive.

Dependent, under the said act, meanwhile refers to “legitimate, illegitimate or legally adopted child who is chiefly dependent on the said deceased member of the NPS."

Dependents should also be "not more than 21 years of age, unmarried and not gainfully employed, or if such dependent, regardless of age, is incapable of self-support because of any mental or physical defect or condition.”

“The surviving legitimate spouse shall continue to receive during his or her lifetime said retirement benefits until such spouse remarries: Provided, That the surviving spouse and dependent children shall each equally share the retirement benefits,” the law further read.

The measure stated that the amount necessary for the implementation of the Act shall be included in the General Appropriations Act, and benefits stated in the Act shall be granted to the surviving spouse and dependents of the deceased NPS member who died one year prior to the effectivity of the Act.

Morale boost to prosecutors

Prosecutor General Benedicto Malcontento said the NPS welcomes the signing of the act, as it “comes at a most crucial time where the pillars of justice are tested by the ongoing attacks against prosecutors, coupled with the continuing health crisis.”

He added that the enactment of the law will also boost the morale of prosecutors in the country.

It comes weeks after a Cavite prosecutor was killed in front of his home. Assistant City Prosecutor Edilberto Mendoza was gunned down on December 31, making him the 66th lawyer slain since the start of Duterte’s administration.

“The passing of the NPS Survivorship Act will undeniably strengthen the crucial role of prosecutors to act on all cases without fear or favor, in furtherance of the mandate of the NPS as gatekeepers of criminal justice,” Malcontento added. — Kristine Joy Patag

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