TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE 
S. No. 1262
g^rnnte
of t!;c
25 ftUG 27 A9 23
RECEIVED BV:
Introduced by Senator Loren Legarda
AN ACT
STRENGTHENING THE LEGAL STAFF OF THE DEPARTMENT OF JUSTICE, 
RENAMING IT AS THE OFFICE OF THE CHIEF STATE COUNSEL, REDEFINING, 
EXPANDING, RATIONALIZING, AND FURTHER PROFESSIONALIZING ITS 
ORGANIZATION, AND APPROPRIATING FUNDS THEREFOR
EXPLANATORY NOTE
Executive Order No. 292, or the Administrative Code of 1987, provides that the 
Department of Justice (DOJ) shall serve as the principal law agency of the government. 
It carries out this role through two central components within the DOJ Proper: the 
National Prosecution Service, as the prosecution arm, and the Legal Staff, which 
serves as legal counsel.
Over the years, the scope, complexity, and national significance of the Legal 
Staff's responsibilities have greatly expanded, encompassing the rendering of legal 
opinions, drafting of legislation, treaty negotiations, international legal cooperation, 
and inter-agency adjudication, among others.
Despite its critical role, the Legal Staff remains under-resourced and structurally 
constrained. While its counterparts within the justice system have undergone 
institutional upgrading and now benefit from enhanced career progression and 
compensation, the Legal Staff has yet to receive comparable recognition. This has led 
to the steady attrition of experienced legal officers to other branches of government.
This bill seeks to strengthen the Legal Staff by renaming it as the Office of the 
Chief State Counsel, redefining its powers, rationalizing its organizational structure.


and providing a system of compensation and retirement benefits commensurate with 
the scope of its duties. By doing so, the measure aims to enhance the delivery of legal 
services within the Executive, promote institutional continuity, and retain competent 
lawyers in public service.
In reinforcing the State's internal legal machinery, this bill ultimately contributes 
to improved governance, better coordination across agencies, and more consistent 
interpretation and implementation of the laws.
In view of the foregoing, the passage of this measure is earnestly sought.
LOREN LEGARDA


TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE 
S. No.
4;^^ Senate
of tl)f ft-irp
25 AUG 27 A9 24
RECEIVED BY:
Introduced by Senator Loren Legarda
AN ACT
STRENGTHENING THE LEGAL STAFF OF THE DEPARTMENT OF JUSTICE, 
RENAMING IT AS THE OFFICE OF THE CHIEF STATE COUNSEL, REDEFINING, 
EXPANDING, RATIONALIZING, AND FURTHER PROFESSIONALIZING ITS 
ORGANIZATION, AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
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Section 1, Short Title. - This Act shall be known as the "Office of the Chief State
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Counsel Act".
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Sec. 2. Office of the Chief State Counsel. - The Legal Staff created under
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Republic Act No. 2705, as amended by Republic Act No. 4152, shall be renamed the
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"Office of the Chief State Counsel".
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Sec. 3. State Counsel. - Unless otherwise specified, the term "State Counsel"
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shall refer to the Chief State Counsel, Deputy Chief State Counsel, Senior State
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Counsel, or State Counsels I to IV.
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Sec. 4. Powers and Functions. - The Office of the Chief State Counsel (OCSC)
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shall be under the supervision and control of the Secretary of Justice. The OCSC shall
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have the following powers and functions:
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(a) Render legal opinion or advice on questions of law arising from the
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performance of powers and duties of the Secretary of Justice, and upon
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request of department heads, bureau chiefs, and officers of equivalent
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rank of national government functionaries;


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(b) Prepare and submit to the Secretary of Justice the following:
(1) Comments and position papers on proposed legislation, whenever 
there are legal issues involved;
(2) Opinions or comments on the legality and validity of foreign loan 
and guarantee agreements, and, in certain cases, agreements 
related to domestic borrowings;
(c) 
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) Act on requests for mutual legal assistance in criminal matters, 
extradition, transfer of sentenced persons, and other forms of 
international legal cooperation;
(e) Represent and serve as counsel for the requesting state in all stages of 
cases relating to extradition and mutual legal assistance in criminal 
matters;
(f) 
Serve as legal adviser to other government agencies in the negotiation 
and implementation of international agreements, and whenever so 
requested, lead in the negotiations involving legal and institutional 
issues;
(g) Represent the Secretary of Justice or the Department of Justice (DOJ) 
as the designated Central Authority in treaties, conventions, and other 
international agreements;
(h) Serve on standing councils, committees, working groups, and task 
forces, as required;
(i) 
Review Orders of the Bureau of Immigration, including recognition of 
Filipino citizens or cancellation of alien certificate of registration, and 
deportation cases;
(j) 
Adjudicate disputes, claims, and controversies between or among 
government offices, agencies and instrumentalities, including 
government-owned and -controlled corporations, when only questions 
of law are raised;
(k) 
Review the legality and validity of tax ordinances and revenue measures;


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(l) 
Act on applications for the following:
(1) 
Special non-immigrant visas under Section 47(a)(2) of 
Commonwealth Act No. 613 or the "Philippine Immigration Act of 
1940", as amended;
(2) 
Special authority to employ foreign nationals under 
Commonwealth Act No. 108 or the "Anti-Dummy Law", as 
amended;
(3) 
Recognition of refugee and statelessness status;
(4) Validation of land titles filed pursuant to Presidential Decree No. 
1271 titled "An Act Nullifying Decrees of Registration and 
Certificates of Title Covering Lands Within the Baguio Townsite 
Reservation";
(m) Supervise the Department Law Library and personnel; and
(n) 
Exercise such other powers and functions as may be provided by law or 
delegated by the Secretary of Justice.
Sec. 5. Organizational Structure. - There shall be seven (7) divisions in the 
Office of the Chief State Counsel. Each division shall be headed by a Deputy Chief 
State Counsel and shall consist of at least ten (10) State Counsels, and such personnel 
as may be necessary for the office to effectively carry out its functions.
The designation, ranks, and salary grades of State Counsels are amended as 
follows:
POSITION__________________SALARY GRADE
Chief State Counsel 
Deputy Chief State Counsel 
Senior State Counsel 
State Counsel IV 
State Counsel III 
State Counsel II 
State Counsel I
SG 30 Step 4 
SG 30 
SG 29 
SG 28 
SG 27 
SG 26 
SG 25
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


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Promotion and Selection Board.
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The Chief State Counsel and the Deputy Chief State Counsels shall act as a
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Promotion and Selection Board to screen applicants for appointment or promotion to
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any State Counsel or administrative position in the Office of the Chief State Counsel.
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The Chief State Counsel shall be the Chairperson of the Board.
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Appointments of the State Counsels shall be deemed permanent upon
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compliance with the prescribed qualification standards under the law. The State
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Counsels occupying the positions affected by the changes in this Act at the time of its
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approval shall continue to occupy and discharge the duties and functions of those
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positions, and receive the corresponding salary, benefits, and privileges, without
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necessity of new appointment.
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There shall be positions created for administrative personnel equivalent to at
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least one (1) support staff for every two (2) State Counsels.
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Sec. 6. Qualifications of the State Counsels. - The Chief State Counsel and
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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
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their appointment.
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Senior State Counsels must be members of the Philippine Bar who have been
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engaged in the practice of law in the Philippines for at least ten (10) years prior to
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their appointment.
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State Counsels IV must be members of the Philippine Bar who have been
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engaged in the practice of law in the Philippines for at least five (5) years prior to their
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appointment.
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State Counsels III must be members of the Philippine Bar who have been
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engaged in the practice of law in the Philippines for at least four (4) years prior to
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their appointment.
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State Counsels II must be members of the Philippine Bar who have been
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engaged in the practice of law in the Philippines for at least three (3) years prior to
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their appointment.
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State Counsels I must be members of the Philippine Bar who have been
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engaged in the practice of law in the Philippines for at least one (1) year prior to their
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appointment.


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Sec. 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 Chief State Counsel and the Deputy Chief State Counsels shall enjoy the 
same retirement, death, survivorship, and other benefits as those of a Presiding 
Justice and Associate Justice of the Court of Appeals, respectively. Senior State 
Counsels shall enjoy the same retirement, death, survivorship, and other benefits as 
those of the judges in the Regional Trial Courts. All other State Counsels shall enjoy 
the same retirement, death, survivorship, and other benefits as those of the judges in 
the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, 
and Municipal Circuit Trial Courts.
Any increase after the approval of this Act in the salaries, allowances, or 
retirement benefits, or any upgrading of the grades or its levels of any or all of the 
aforesaid Justices or Judges to whom said emoluments are assimilated shall apply to 
the corresponding State Counsels.
Sec. 8. Retirement 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 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 remainder of his or her 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 government, 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 remainder of his or her 
natural life the same benefits provided for in Paragraph 1 of this section: Provided, 
That those with less than fifteen (15) years of service in the government shall be 
entitled to a pro rata pension computed as follows;
Number of years 
Basic Pay Plus the Highest Month
X Aggregate of Transportation,
In Government
15 years
Living and Representation Allowances


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Upon retirement, a State Counsel shall automatically be entitled to a lump sum
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of five (5) years' gratuity computed on the basis of the highest monthly salary plus
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the highest aggregate transportation, living, and representative allowances he or she
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was receiving on the date of retirement, and thereafter, upon survival after the
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expiration of five (5) years, to further annuity payable monthly during the residue of
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his or her natural life pursuant to the first and second paragraph of this section.
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Sec. 9. Automatic Increase. - All pension benefits of retired State Counsels shall
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be automatically increased whenever there is an increase in the salary and allowance
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for the same position from which he/she retired.
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Sec. 10. Survivorship Benefits. - In case of death of a retired State Counsel of
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the OCSC or a State Counsel thereof who is eligible to retire optionally at the time of
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death, the surviving legitimate spouse and dependent children of said deceased State
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Counsel shall be entitled to receive all the retirement benefits that the deceased was
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receiving or entitled to receive.
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A "dependent" means a legitimate, illegitimate, or legally adopted child who is
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chiefly dependent on the said deceased State Counsel, if such dependent is not more
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than twenty-one (21) years of age, unmarried, and not gainfully employed or if such
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dependent, regardless of age, is incapable of self-support because of mental or
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physical disability or condition.
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The surviving legitimate spouse shall continue to receive retirement benefits
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during his or her lifetime or until he or she remarries: Provided, That the surviving
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legitimate spouse and dependent of the State Counsels shall each equally share in the
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retirement benefits: Provided, further. That said benefits shall be granted to the
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surviving legitimate spouse or dependent of State Counsels who died one (1) year
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prior to the effectivity of this Act.
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Sec. 11. Prohibitions. - To maintain entitlement to the retirement benefits
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herein provided, a State Counsel shall not, during the time he or she is receiving said
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benefit, appear as counsel before any judicial or quasi-judicial agency in any civil case
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where the Government or any agency, subdivision, or instrumentality thereof is an
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adverse party, or in any criminal case where any officer or employee of the
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government is accused of an offense committed in relation to his or her office, or
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collect any fee for his or her appearance in any administrative proceeding, to maintain


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an interest adverse to the government, whether national, provincial, or municipal or
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to any of its legally constituted offices. When a State Counsel covered under this Act
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assumes an elective public office, he or she shall not receive retirement benefits upon
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assumption of office and during his or her term,
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Sec. 12. Appropriations. - The amount necessary for the initial implementation
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of this Act shall be charged against the current year's appropriations of the
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Department of Justice. Thereafter, such amount shall be included in the annual
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General Appropriations Act.
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Sec. 13. Separabiiity Ciause. - If any part or provision of this Act is held invalid
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or unconstitutional, the other parts or provisions thereof not so declared shall remain
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valid and effective.
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Sec. 14. Repealing Clause. - All other laws, decrees, orders, issuances, rules
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and regulations, or parts thereof which are inconsistent with this Act are hereby
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repealed or modified accordingly.
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Sec. 15. Effectivity. - This Act shall take effect fifteen (15) days after its
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publication in the Official Gazette or in a newspaper of general circulation.
Approved,