Section 7Sec./Art. 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.