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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No._7828

Introduced by REP. NAEALLA BAINTO AGUINALDO

EXPLANATORY NOTE

Since its establishment and initial amendments in the early 1960's, under
Republic Act No, 2705 and the amending Republic Act No. 4152, the Legal Staff of the
Department of Justice, primarily mandated to assist the Secretary of Justice in the
performance of his duties as Attomey General of the Philippines and as ex-officio legal
adviser of government corporations, has evolved with the political, legal, social, and
economic development of the Philippine landscape — leading to greater undertakings
and responsibilities that the authors of both RA 2705 and RA 4152 were not able to
foresee.

Despite the unprecedent increase in the duties of the Legal Staff, the salaries
and other benefits granted to State Counsels, who perform the same, if not greater,
undertakings and responsibilities as their counterparts in the Office of the Solicitor
General and in the National Prosecution Service, are not comparable to those already

enjoyed by the latter agencies.
The time-honored principle of “equal work, equal pay,” meaning persons who

work with substantially equal qualifications, skills, and responsibilities under similar
conditions should be paid similar salaries and benefits, has long been institutionalized in

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our jurisdiction. Thus, it is high-time that the overburdened and underpaid State
Counsels of the Department of Justice be given similar benefits as that of their
counterparts,

Likewise, by reason of the ever-increasing undertakings and responsibilities of
the Legal Staff, it is essential to expand its office by increasing its plantilla positions and
the corresponding general and administrative support personnel. Thereby, the Legal
Staff would be in a better position and would have the capacity to perform its official
functions for the benefit not only of the Secretary of Justice, but also the rest of the

government and the public in general.

I had the privilege of collaborating with the Legal Staff when I was still serving in
the Department of Justice, and witnessed firsthand their perseverance and brilliance in
tackling legal issues imbued with public interest. It is high-time to recognize and
appreciate the function and service of the Legal Staff through the enactment of this
legislative measure that will provide the institution more strength and protection.

.

NABALLA BAINTO AGUINALDO

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Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No. -_7828

Introduced by REP. NAEALLA BAINTO AGUINALDO

AN ACT STRENGTHENING THE LEGAL STAFF OF THE DEPARTMENT OF
JUSTICE, REDEFINING, EXPANDING, AND FURTHER PROFESSIONALIZING ITS
ORGANIZATION, AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and the House of Representatives of the Philippines in

Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “State Counsel Act.”

SECTION 2. Office of the Chief State Council. - The Legal Staff created under Republic
Act No. 2705, as amended by Republic Act No. 4152, shall be renamed as the “Office of

the Chief State Counsel.”

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SECTION 3. State Counsel. - Unless otherwise specified, the term "State Counsel” shall
refer to the Chief State Counsel, Deputy Chief State Counsel, Senior State Counsel,
State Counsel, and Associate State Counsel.

SECTION 4, Powers and Functions. — The Office of the Chief State Counsel shall assist
the Secretary of Justice in the exercise of this functions as Attorney General of the
Philippines and ex officio legal adviser of government-owned and controlled

corporations, or enterprises and their subsidiaries.

‘The Office of the Chief State Counsel shall be under the supervision and control of the
Secretary of Justice.

‘The Office of the Chief State Counsel shall have the following powers and functions:

(a) Recommend to the Secretary of Justice, legal opinions or advices on questions of
law arising from the performance of powers and duties of national government
functionaries, and upon request of department heads;

(b) Study and recommend to the Secretary of Justice the following:

E Comments and position papers on proposed legislations, whenever there are

legal issues involved;

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fi, Opinions or comments on the legality and validity of foreign loan and guarantee

agreements, and in certain cases, agreements related to domestic borrowings;

(©) Lead negotiations of treaties, conventions, or agreements involving international
legal cooperation, including extradition, mutual legal assistance in criminal matters,

and transfer of sentenced persons;

(d) Serve as legal adviser to other government agencies in the negotiations and
implementation of intemational agreements, and whenever so requested, lead in the

negotiations involving legal and institutional issues;

(e) Represent the SOJ or DOJ as the designated Central Authority in treaties,

conventions, and other international agreements;

(f) Act on requests for mutual legal assistance in criminal matters, extradition, transfer

of sentenced persons, and other forms of international legal cooperation;

(g) Represent and serve as counsel of the requesting state in all stages of cases

relating to extradition and mutual legal assistance in criminal matters;

(h) Review Orders of the Bureau of Immigration, including recognition of Filipino citizens

or cancellation of alien certificate of registration, and deportation cases;

(i) Review administrative settlement or adjudication of disputes, claims, and

controversies between or among government offices, agencies, and

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instrumentalities, including government-owned and controlled corporations, when

only questions of law are raised;
(i) Review the legality and validity of tax ordinances and revenue measures;

(k) Act on applications for the following:

Special non-immigrant visas under Sec. 47(a)(2) of Commonwealth Act (C.A.) No.

613, otherwise known as the Philippine Immigration Act of 1940, as amended;

ii, Special authority to employ foreign nationals under C.A. No. 108, otherwise
known as the Anti-Dummy Law, as amended;

fii, Determination of refugee and statelessness status;

iv. Validation of land titles filed pursuant to Presidential Decree (P.D.) No. 1271
entitled “An Act Nullifying the Decrees of Registration and Certificates of Title
Covering Lands Within the Baguio Townsite Reservation’;

(1) Supervise the Department Law Library, as well as its personnel; and

(m) Exercise such other powers and functions as may be provided by law or as may be
delegated by the Secretary of Justice.

SECTION 5. Expansion, Reformation, and Creation of Positions. - The staff of the
Office of the Chief State Counsel shall be increased and their positions upgraded, with a

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corresponding increase in the general and administrative support personnel and

provision for ample office space.

The designation, ranks, and salary grades of State Counsels are amended as follows:

Old Position New Position To
under this Act No. of | Salary
Position | Grade
Chief State Counsel | 4 SG30_| Chief State }7 SG 30
Counsel step 8
Assistant Chief |2 $G29 | Deputy Chief State [5 S630
‘State Counsel Counsel
State CounselV_ [6 S628 | Senior State | 10 S629
Counsel
[State CounsellV [12 |SG27 |Deputy Senior |15 S628
State Counsel
State Counsel ill | 12 S626 _| State Counsel 5 S627
State Counsell [12 SG25 [Associate State | 20 S626
Counsel I!!
State Counsel | 5 SG24 Associate State | 20 S625
Counsel Il
[|_| associate State [24 3624
Counsel |

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Total 60 110

The Chief State Counsel and the Deputy Chief State Counsels shall be appointed by
the President of the Philippines. All other State Counsels and administrative personnel
shall be appointed by the Secretary of Justice upon recommendation by the Promotion

and Selection Board.

The Chief State Counsel and the Deputy Chief State Counsels shall act as a Promotion
and Selection Board to screen applicants for appointment and promotion to any State
Counsel position and administrative personnel in the Office of the Chief State Counsel.
The Chief State Counsel shall be the chairperson of the Board.

The State Counsels occupying the positions affected by the changes in this Act at the
time of its approval shall thereafter occupy and discharge the duties and functions of the
upgraded positions and receive the corresponding salary, benefits, and privileges,

without necessity of new appointment.

There shall be positions created for administrative personnel equivalent to at least one
(1) support staff for each State Counsel.

SECTION 6. Qualifications of the State Counsels. - The Chief State Counsel and

Deputy Chief State Counsels must be citizens of the Philippines and have been

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engaged in the practice of law in the Philippines for at least fifteen (15) years prior to
their appointment.

Senior State Counsels must be members of the Philippine Bar for at least ten (10) years

prior to their appointment.

State Counsels IV must be members of the Philippine Bar for at least five (5) years prior
to their appointment.

State Counsels III and |] must be members of the Philippine Bar for at least four (4)

years prior to their appointment.

State Counsels | must be members of the Philippine Bar for at least two (2) years prior
to their appointment.

Associate State Counsels must be members of the Philippine Bar for at least (1) one

year prior to their appointment.

SECTION 7. Compensation and Benefits. - The salaries and allowances of State
Counsels shall correspond to their position, rank, and salary grade pursuant to Section
5 hereof. The retirement, death, and survivorship benefits of State Counsels shall be
the same as their counterparts in the judiciary, specified as follows:

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| Chief State Counsel Associate Justice of the Court of Appeals
Deputy Chief State Counsel Associate Justice of the Court of Appeals
‘Senior State Counsel Judge of the Regional Trial Court
‘State Counsel IV Judge of the Metropolitan Trial Court
‘State Counsel iil Judge of the Municipal Trial Court in Cities
‘State Counsel Il Judge of the Municipal Trial Court in
Municipalities

SECTION 8. Retirements Benefits. - When a State Counsel, who has rendered at least
fifteen (15) years of service either in the Office of the Chief State Counsel 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 or her office, he
or she shall, during the residue of his or 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 or she was receiving at the time of his or her retirement or resignation.

When a State Counsel has attained the age of ‘sixty (60) years and has rendered at
least fifteen (15) years of service in goverment, the last five (5) years of which must
have been continuously rendered in the Office of the Chief State Counsel, he or she
shall likewise be entitled to retire and receive during the residue of his or her natural life
the same benefits provided for in this section: Provided, however, that those with less

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than fifteen (15) years of service in the government shall be entitled to a pro-rata

Pension computed as follows:

No. of years

in | Multiplied | Basic pay plus the highest monthly aggregate
Government divided by | by of transportation, living, and representation
fifteen (15) years allowances

Upon retirement, a State Counsel shall automatically be entitied to a jump sum of five (5)
years’ gratuity computed on the basis of the highest monthly salary plus the highest
‘aggregate transportation, living, and representative allowances he or she was receiving
on the date of retirement, and thereafter, upon survival after the expiration of five (5)
years, to further annuity payable monthly during the residue of his or her natural life

pursuant to the first paragraph of this Section.

SECTION 9. Collateral Increase. - All pension benefits of retired State Counsels shall
be automatically increased whenever there is an increase in the salary and allowance

for the same position from which they retired.

SECTION 10. Survivorship Benefits. — in case a State Counsel covered by this Act
dies during his or her retirement, the surviving legitimate spouse and dependent of said
‘State Counsel shall be entitled to receive all the retirement benefits that the deceased
was receiving or entitled to receive at the time of death.

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A "dependent" means a legitimate, illegitimate or legally-adopted child who is chiefly
dependent on the said deceased State Counsel if such dependent is not more than
twenty-one (21) years of age, unmarried and not gainfully employed, or if such
dependent regardless of age, is incapable of self-support because of mental or physical
disability or condition.

The surviving legitimate spouse shall continue to receive retirement benefits during his
or her lifetime or until he or she remarries; Provided, however, that the surviving
legitimate spouse receiving benefits under existing retirement laws shall only be entitled
to the difference between the amount provided for in this Act and the benefits he or she
is receiving; Provided, further, that said benefits shall be granted to the ‘surviving
legitimate spouse or dependent of State Counsels who retired prior to the effectivity of
this Act.

Funds for the initial implementation of this Section shall be taken out of the current
appropriations for the retirement of the State Counsel and/or savings of the DOJ.
Thereafter, such sums as may be necessary for the continued implementation of this

Section shall be included in the Annual General Appropriations Act.

SECTION 11. Death Benefits. - In case a State Counsel dies while in service,
regardless of age and length of service, the heirs shall receive a lump sum of five (5)
years’ gratuity computed on the basis of the highest monthly salary plus the highest
‘aggregate of transportation, living, and representation allowances being received by the

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State Counsel at the time of death: Provided, however, That where said State Counsel
has rendered at least fifteen (15) years of government service, either in the Office of the
Chief State Counsel or in any branch of government, or both, his or her heirs shall
instead be entitled to a lump sum of ten (10) years gratuity computed on the same basis
as indicated in this provision: Provided further, That the lump sum of ten (10) years
gratuity shall be received by the heirs of a State Counsel who was killed by reason of
his or her duties as such: Provided, finally, that the State Counsel has served in the
Office of the Chief State Counsel for at least five (5) years regardless of age at the time
of death.

SECTION 12. Prohibitions. - To maintain entitlement to the retirement benefits herein
provided, a State Counsel shall not, during the time he or she is receiving said benefit,
appear as counsel before any 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 or
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
offices. When a State Counsel covered under this Act shall assume an elective public

office, he or she shall not, upon assumption of office and during his or her term, receive

retirement benefits.

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SECTION 13. Other Benefits and Privileges. - The State Counsels and other
employees under the Office of the Chief State Counsel shall be entitled to the following
benefits:

(1) Health care services through a health maintenance organization (HMO). Expenses
for the mandatory annual executive check-up of the Chief State Counsel, Deputy
Chief State Counsels, and Senior State Counsels, shall be for the account of the
DOJ;

(2) Accident insurance policies procured by the DOJ, at its own expense, during travels
while in the performance of their official duties and functions;

(3) Scholarships to deserving employees, on official time and at the expense of the DOJ,
to enhance their academic growth and upgrade their knowledge and skills; and
(4) Wellness leave of fifteen (15) days a year for all State Counsels.

SECTION 14. Retroactivity. - The benefits mentioned in Sections 8 and 10 hereof shall

be granted to all those who retired prior to the effectivity of this Act.
SECTION 15. 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 State Counsels covered by this Act.

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SECTION 16. Authority to Collect Fees. - The Office of the Chief State Counsel is
hereby authorized to asses and collect fees for various services rendered in accordance
with Section 54, Chapter 12, Book IV of Executive Order No. 292, otherwise known as
the Administrative Code of 1987, and other laws. These collections shall be deposited
as a Special Trust Fund which shall be administered by the Secretary of Justice to

cover privileges and benefits under Sections 13 and 17 hereof.

SECTION 17. Seminar and Other Related Fees. - Fees for relevant seminars, as well
as professional membership fees for lawyers, registration fees, and related
miscellaneous expenses incurred in completing the Mandatory Continuing Legal

Education shall be charged against the Special Trust Fund.

SECTION 48. Franking Privilege. - The Office of the Chief State Counsel may transmit
through ordinary mail or registered mail with return card, free of charge, all official
communications and papers directly connected with the conduct of its duties and

functions.

‘SECTION 19. Appropriations. — 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 initial implementation of this Act. Thereafter, the amount needed for
the implementation of this Act shall be appropriated in the budget of the Department of
Justice under the Annual General Appropriations Act and from the collected fees
pursuant to Section 16 hereof.

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SECTION 20. Separability Clause. - If any of the provisions of this Act is declared
invalid or unconstitutional, the provisions not affected thereby shall continue to be in full
force and effect.

SECTION 21. Repealing Clause. — Provisions of Republic Act No. 2705, as amended
by Republic Act No. 4152, and the pertinent provisions of Executive Order No. 292,
otherwise known as the Administrative Code of 1987, and all laws, decrees, orders,
tules, and regulations or parts thereof which are contrary to or inconsistent with the

provisions of this Act are hereby repealed, amended, and/or modified accordingly.

SECTION 22. Effectivity. - This Act shall take effect after fifteen (15) days from its

publication in at least two (2) newspapers of general circulation or in the Official Gazette.

Approved,

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