Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Mefro Manila
Nineteenth Congress
First Regular Session
HOUSE Bi`LL-ivo.  52 3 8
Introduced by Representative SANCHO FERNANDO "ANDO" F. OAMINAL
EXPLANATORY NOTE
This  bill  seeks to  augment the  existing retirement,  death and  survivorship
benefits   for  the   Solicitor   General,   Assistant   Solicitor   General,   Senior   State
Solicitors,  State  Solicitors,  officials  and  employees  of the  Office  of the  Solicitor
General.
The Office of the Solicitor General is the law office of the Government of the
Republic of the Philippines.  It represents the Government, its departments, bureaus,
agencies and instrumentalities, and its officials and agents in their official capacity,
in any  litigation,  proceeding,  investigation,  or matter requiring the  services  of a
lavyer.
Despite the formidable and extensive legal duties of the OSG, the retirement,
death, and survivorship benefits of its lawyers are not comparable to those already
being enjoyed by lawyers in other government offices, although the OSG lawyers
perform the same, if not greater, responsibility than these other lawyers.
While R.A. No. 9417 already provides that Senior State Solicitors and State
Solicitors of the OSG shall have the same rank, salaries, and privileges of trial court
judges, however, the other benefits, such as the retirement, death, and survivorship
benefits, as well as provision for the automatic increase thereof, are enjoyed only by
the  members  of the  Judiciary,  National  Prosecution  Services,  Public  Attomey's
Office,  Office  of the Ombudsman, Labor Arbiters,   among others.    Sadly,  these


benefits have not followed suit for the lawyers of the OSG.  This inequality among
the legal offices of the National Government erodes the thrust to standardize and
rationalize the current compensation  framework in the bureaucracy.   The varied
benefits undermine the principle of ``equal pay for work of equal value".
Inevitably, the disparity causes a higher turnover of State Solicitors. Lawyers
who  have  been  trained  by  the  OSG  eventually  leave  to  find  employment  with
advantageous retirement benefits.
To entice only the best and the brightest lawyers to join and build their careers
in the OSG until their twilight years, it is only appropriate to provide its lawyers with
competitive remunerative retirement benefits in parity with their counterparts in the
government service performing essentially the same vital functions.  Through these
incentives, the government would be recognizing and rewarding those who choose
to climb up the ranks and devote the best years of their life in the OSG.
The proposed provisions will ensure that the OSG will be able to faithfully,
effectively,  and  efficiently perform  its  mandate  to  uphold  State  interest  and the
interest of the People.


Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
Nineteenth Congress
First Regular Session
HOUSE B'I`LL`ivo.  5 2 3 8
Introduced by Representative SANCH0 FERNANDO "ANDO" F. OAMINAL
1                                                                            AN ACT
2     AUGMENTING    THE    RETIREMENT,    DEATH,    AND    SURVIVORSHIP
3      BENEFITS  FOR  THE  SOLICITOR  GENERAL,  ASSISTANT  SOLICITOR
4      GENERAL, SENIOR STATH SOLICITOR , SOLICITORS, OFFICIALS  AND
5      EMPLOYEES    OF  THE  0FFICH  OF  THE  SOLICITOR  GHNERAL  AND
6     APPROPRIATING FUNDS THEREFOR
7
8      B_e  it  enacted by  the  Senate  and the  House  Of Representatives  Of the  Philippines  in
9      Congress assembled:
10
11                   SECTION 1.  Sfeorf rjJJe. -This Act shall be known as the  "OSG's ojj7?cj.cr/s
T2.      and Emplayees Benef its and Incentives Act."
13                  SEC. 2. Dcc/ar¢fJ.o# a/Po/I.c}7. -It is the declared policy of the state to promote
14      the welfare of the officials and employees of the office of the solicitor General (OSG)
15      by  augmenting  the  retirement,  death,  and  survivorship  benefits    for  the  Solicitor
16      General, Assistant  Solicitor General,  Senior  State  Solicitors,  Solicitors,  officials  and
17      personnel of the office of the solicitor General  in order to fulfill its role of upholding
18      the best interest of the government as the ''rw.bc47!e o/ffee peop/e, " as well as to perform
19      its  mandate  as  the  principal  law  office  of the  Government  of the  Republic  of the
20      Philippines representing the government and, its departments, bureaus, agencies, and


1      instrumentalities, and its officials and agents in their official capacity, in any litigation,
2      proceeding, investigation, or matter requiring the services of lawyers.
3                  SHC. 3.   Rc/i+cme"/ Bc"e¢ts. -A Solicitor General who has served in such
4      capacity continuously for at least three (3) consecutive years, regardless of age or years
5      in  government  service,  the  Solicitor  General    shall    be  entitled  to  the  additional
6      retirement benefits under this Act.
7                  When an Assistant solicitor General, Senior state solicitor, State solicitor Il or
8      a state solicitor I, who has rendered at least fifteen years (15) of service in the OSG or
9      in any other branch of the Government, or in both, (a) retires for having attained the age
10      of sixty-five years, or (b) resigns by reason of the  incapacity to discharge the duties of
11      the   office as certified by the Solicitor General, the offlcial shall receive, during the
12      residue of  the   natural life, in the manner hereinafter provided, a retirement pension
13      based   on   the   highest   monthly   salary   plus   the   highest   monthly   aggregate   of
14      transportation, living and representation allowances, which the official was receiving at
15      the time of the  retirement or resignation.
16                   When   an  Assistant   Solicitor  General,   Senior   State   Solicitor,   State
17      Solicitor Il or a state solicitor I has attained the age of sixty (60) years and has rendered
18      at least fifteen (15) years of service in Government, the last five (5) years of which must
19      have been rendered in the OSG,  the  official  shall  likewise be  entitled to retire  and
20      receive, during the residue of  the   natural life the same benefits provided for in this
21       section: Provz.c7ec7, feowei/er, That those with less than fifteen (15) years of service in the
22      Government shall be entitled to apro rczfcz pension computed as follows:
No. of years                                   (Highest Monthly salary plus
in government service     x        the Highest Monthly Aggregate
2


15 years
of   Transportation,    Living    and
Representation Allowance)
Upon  retirement,  an  OSG  official  or  employee  covered  by  this  Act  shall
5      automatically be entitled to a lump sum offive (5) years gratuity computed on the basis
6      of the highest monthly  salary plus the  highest monthly  aggregate  of transportation,
7      living, and representation allowances, which the official or employee was receiving on
8      the date of the retirement and, thereafter, upon survival after the expiration of five (5)
9      years to further annuity payable monthly during the residue of the  natural life pursuant
10      to the preceding paragraphs: P7`ovz.dec7, feowever, That if the reason for the retirement be
11      any total permanent disability, as certified by the solicitor General, contracted during
12      the  incumbency in the office and prior to the date of retirement, the official or employee
13      shall   receive   a   gratuity   equivalent   to   ten   (10)   years'   salary   and   allowances
14      aforementioned: ProvJ.dec7, /eirffoer, That should the retirement be with the attendance
15      of any partial permanent disability,  as  certified by  the  Solicitor General,  contracted
16      during the incumbency in the office and prior to the date of retirement, the official or
17      employee  shall receive an additional gratuity equivalent to two (2) years lump sum that
18      the official   or employee   is entitled to under this Act: Provz.dec7, /#J.ffeermore, That if
19      the official or employee  survives afterten (10) years or seven (7) years, as the case may
20      be, the official or employee shall continue to receive a monthly retirement pension as
21      computed under this Act during the residue of the natural life. Nothing in this Act shall
22      be construed as to prevent the president of the philippines from appointing any person
23      sixty-five years of age or older as solicitor General.
24                  SEC 4.  Co#dl.JI.oJI§. -While receiving the pension and benefits granted herein,
25      no retired or resigned official or employee covered in the immediately preceding section
3


1      shall appear as counsel before any judicial or quasi-judicial agency in any civil case
2      wherein the Government or any agency, subdivision, or instrumentality thereof is an
3      adverse party, or in any criminal case where any officer or employee of the Government
4      is accused of an offense committed in relation to their office, or collect any  fee  for
5      appearance  in any  administrative proceedings to maintain an interest adverse to the
6      Government,  whether  national,  provincial,  or  municipal,  or  to  any  of  its  legally
7      constituted officers.
8                   When  a  Solicitor  General,  Assistant  Solicitors  General,  and  State  Solicitors
9      covered by and receiving any benefit under this Act shall assume an elective position
10      in Government, they shall not, upon assumption ofoffice and during their tenure as an
11       elective official, receive the monthly pension or any of the allowances due them.
12                   SEC.  5.    De¢£fe  Bc#e¢ts.  -  In  case  a  Solicitor  General,  Assistant  Solicitor
13      General, Senior state solicitor, State solicitor Il or state solicitor I dies while in actual
14      service, regardless of the age and length of service as required in the preceding section,
15      the heirs shall receive a lump sum of five (5) years gratuity computed on the basis of
16      the highest aggregate of transportation, living and representation allowances received
17      by the concerned Solicitor as such: Provz.dec7,  feowever,  That where said Solicitor has
18      rendered at least fifteen (15) years ofgovemment service, either in the OSG or in any
19      branch of the Government, or both, the heirs shall instead be entitled to a lump sum of
20      ten  (10)  years  gratuity  computed  on  the  sane  basis  as  indicated  in  this  provision:
21      Provz.decJ,/»r/foer, That the lump sum often (10) years gratuity shall be received by the
22      heirs of the solicitor who was killed by reason of the official  duties as such: Prow.ded,
23     /"rffeermore,  That  the  Solicitor  has  served  in  the  OSG  for  at  least  five  (5)  years,
4


1      regardless of age, at the time of death. When a solicitor is killed intentionally while in
2      service, the presumption is that the death is work-related.
3                  SEC.  6.    Swrvi.vors„z.p  Bc#e¢/s,.  Covcrogc.  -  In  case  a  Solicitor  General,
4      Assistant solicitor General, Senior state solicitor, or a state solicitor covered by this
5      Act dies during the  retirement, or was eligible to retire optionally at the time of death,
6      the  surviving  legitimate  spouse  of said  Solicitor  shall  be  entitled  to  receive  all  the
7      retirement benefits that the deceased solicitor was receiving or entitled to receive. Said
8      surviving legitimate spouse shall continue to receive such retirement benefits during
9      the spouse  lifetime or until the spouse remarries: Provz.ded, That if the surviving spouse
10      is receiving benefits under existing retirement laws, the spouse shall only be entitled to
11      the difference between the amount provided for in this Act and the benefits that the
12       spouse is receiving.
13                   The conditions provided under section 2 of this Act shall likewise apply to the
14      surviving spouse herein.
15                   SEC. 7.  4prap".¢/I.o#s. -The amount necessary to cover the initial
16      implementation of this Act shall be taken from the current year's appropriations of the
17      0SG  or  its  savings.  Thereafter,  such  sums  as  may  be  necessary  for  the  continued
18      implementation of this Act shall be included in the armual General Appropriations Act.
19                  SEC.  8.  4wJo"¢fl.c J#cre&se. -All retirement beneflts of Solicitors General,
20      Assistant  Solicitors  General,  and  State  Solicitors  shall  be  automatically  increased
21      whenever there is an increase in the salary and allowance in the same position from
22      whichthey retired.


1                  SEC. 9.  Repe¢/I.#g c/awsc. -All laws, decrees, orders, rules and regulations or
2      parts thereof which are contrary to or inconsistent with the provisions of  this Act are
3      hereby amended, repealed or modified accordingly.
4                  SEC.10.  Scp¢"bJ./J.fy cJ¢use. -If any provision of this Act is declared invalid
5      or unconstitutional, the provisions not affected thereby shall continue to be in full force
6      andeffect.
7                   SFC.11.  EJffccJJ.vrty. -This Act shall take effect immediately after fifteen (15)
8      days from its publication in the o#cz.a/ Gczze/fe or in a newspaper of general circulation.
9                  Approve d,
6