Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

17" Congress
First Regular Session

HOUSE BILL x0, 5320

Introduced by: HON. JOSE ANTONIO R. SY-ALVARADO-

EXPLANATORY NOTE

‘The Office of the Solicitor General is an independent and autonomous office attached to the
Department of Justice. The OSG represents the Government of the Philippines, its agencies
and instrumentalities and its officials and agents in any litigation, proceeding, investigation or
matter requiring the services of lawyers. When authorized by the President or head of the
office concerned, it shall also represent government owned or controlled corporations

‘The daunting and sensitive legal duties of the Office of the Solicitor General show that there
is an imperative need for the amendment of Republic Act No. 9417 or ‘An Act to Strengthen
the Office of the Solicitor General by Expanding and Streamlining its Bureaucracy,
Upgrading Employee Skills and Augmenting Benefits, and Appropriating Funds therefor and
for other purposes.”

This bill seeks to further strengthen the Office of the Solicitor General as an institution, as
well as providing its lawyers and employees benefits and privileges already being enjoyed by
their counterparts in other government offices. This is to assist the institution in pursuing
their mission to promote and protect the interest of the Republic of the Philippines and its
people in legal proceedings and matters requiring the services of a lawyer.

In view thereof, the immediate approval of this bill is eamestly sought,

JOSE ANTONI uya Jonathan” R. SY-ALVARADO.


Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

SEVENTEENTH CONGRESS

First Regular Session
Z

5320

HOUSE BILL NO.

Introduced by Jose Antonio R. Sy-Alvarado

AN ACT

TO FURTHER STRENGTHEN THE OFFICE OF THE
SOLICITOR GENERAL BY PROVIDING FOR ITS POWERS AND

FUNCTIONS, AND REDEFINING, EXPANDING, AND
RATIONALIZING ITS ORGANIZATION, THEREBY AMENDING
REPUBLIC ACT NO. 9417 AND REPEALING REPUBLIC ACT NO.

2327, EXECUTIVE ORDER NOS. 1 AND 2, S. 1986, AND ALL
RELATED LAWS, AND APPROPRIATING FUNDS THEREFOR
AND FOR OTHER RELATED PURPOSES -

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

SECTION 1. Short Title. — This Act shall be known as the “OSG
Charter 2017.”

SECTION 2. Declaration of Policy. — It is the declared policy of the
State to strengthen the Office of the Solicitor General (OSG) in order to fulfill
its role of upholding the best interest of the government as the Tribune of the
People, as well as to perform its mandate as the principal law office of the
Government of the Republic of the Philippines representing 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 lawyers.



Itis also the policy of the State to ensure efficiency and economy in the
operations of government, eliminate the overlapping of functions, consolidate
the legal services in the government into one office, effectively address the
expanding needs of government-owned and -controlled corporations (GOCCS)
towards the improvement of fiscal management and good corporate
governance, and concentrate and enhance government efforts for the full and
effective recovery of ill-gotten wealth and properties, including the efficient
investigation and prosecution of cases relative thereto, Towards this end, the
Office of the Government Corporate Counsel (OGCC) and the Presidential
Commission on Good Government (PCGG) are hereby abolished and theit
respective powers and functions are transferred to the OSG.

With the transfer of the powers and functions of the OGCC and the
PCGG to the OSG, and to ensure the efficient and effective legal
representation of the Government, its departments, bureaus, agencies, and
instrumentalities, GOCCs, and its officials and agents in their official capacity,
the members of the legal and administrative staff of the OSG shall be increased
and their positions upgraded to adequately meet the Republic’s burgeoning
need for legal services. The skills of OSG lawyers shall be further improved,
and the benefits of all OSG employees augmented. The professional growth of
these employees shall be encouraged. (a)

SECTION 3. Definition. — For purposes of this Act, the term—

(@) “Capacity development” shall refer to the process whereby the
OSG, as an organization, develops its capability over time to achieve
development goals while enhancing its ability to achieve measurable and
sustainable results, through improvement of knowledge, skills, and systems.

(b) “GOCCs” shall refer to government-owned and -controlled
corporations, their subsidiaries, other corporate _offsprings, including
government-acquired asset corporations, government corporate entities and
government instrumentalities with corporate powers, government financial
institutions, and other government corporate entities, agencies and offices.

(©) “Ill-gotten wealth” shall refer to any asset, property, busine:
enterprise or material possession of the persons referred to in Executive
Orders Nos. 1 and 2, s. 1986, acquired by them directly, or indirectly through
dummies, nominees, agents, subordinates, and/or business associates by any of
the following means or similar schemes:

2



(1) ‘Through misappropriation, conversion, misuse, or
malversation of public funds or raids on the public
treasury;

2) Through the receipt, directly or indirectly, of any
commission, gift, share, percentage, kickbacks, ot
any other form of pecuniary benefit from any
person and/or entity in connection with any
government contract or project or by reason of
the office or position of the official concerned;

(@) By the illegal or fraudulent conveyance ot
disposition of assets belonging to the government
or any of its subdivisions, agencies or
instrumentalities, or government-owned of
controlled corporations;

(4) By obtaining, receiving, or accepting directly or
indirectly any shares of stock, equity, or any other
form of interest or participation in any business
enterprise or undertaking;

(©) Through the establishment of agricultural,
industrial, or commercial monopolies or other
combination and/or by the issuance,
promulgation, and/or implementation of decrees
and orders intended to benefit particular persons
or special interests; and

(© By taking undue advantage of official position,
authority, relationship, or influence for personal
gain or benefit. (a)

SECTION 4. Organizational Structure. ~ The Office of the
Solicitor General shall be an independent and autonomous office attached to
the Office of the President for budgetary purpose:

‘The OSG shall be headed by the Solicitor General, who is the principal
law officer and legal defender of the Government. He shall have the authority
and responsibility for the exercise of the OSG's mandate and for the discharge
of its duties and functions, and shall have supervision and control over the
OSG and its constituent units.



The Solicitor General shall be assisted by a Legal Staff composed of
stant Solicitors General and such number of Solicitors as may be necessary
to operate the OSG.

There shall be at least fifty (50) legal divisions in the OSG. Each
division, headed by an Assistant Solicitor General, shall consist of at least ten
(10) lawyers and such other personnel as may be necessary for the OSG to
effectively carry out its functions.

‘The administrative structure of the OSG shall be organized into the
Financial Management Service, Docket Management Service, C:
Management Service, Human Resources Management and Administrative
Service, and Budget and Planning Service, which shall be composed of the
necessary divisions and sections. Each Service shall be headed by a Director,
who shall be appointed by the President.

‘There shall be an Office of Legal Services (OLS) within the OSG to be
headed by a Director, who shall be appointed by the Solicitor General and
serve at the latter’s pleasure. The qualifications, salary grade, and benefits of the
Director and his/her legal staff shall be determined by the Solicitor General.
‘The Director shall be assisted by such other personnel as may be necessary to
effectively carry out the functions of the OLS.

SECTION 5. Powers and Functions. — The OSG shall represent the
Government of the Philippines, its agencies and instrumentalities, including
GOCCs, and its officials and agents acting in their official capacity, in any
litigation, proceeding, investigation, or matter requiring the services of a lawyer.
‘The OSG shall constitute the principal law office of the Government and, as
such, shall discharge duties requiring the services of a lawyer. It shall have the
following specific powers and functions:

(@ Represent the Government and the People of the Philippines in
the Supreme Court and the Court of Appeals in all criminal proceedings;
represent the Government and its officers in the Supreme Court, the Court of
Appeals, and all other courts or tribunals in all civil actions and special
proceedings in which the Government has been impleaded as a party, or any
official of the Government sued in the lawful performance of duty.

() Investigate, initiate court action, or in any manner proceed
against any person, corporation, or firm for the enforcement of any contract,
4


bond, guarantee, mortgage, pledge, or other collateral executed in favor of the
Government.

(©) Appear in any court in any action involving the validity of any
treaty, law, executive order or proclamation, or rule ot regulation when in his
judgment his intervention is necessary or when requested by the Court.

@)
Philippine citi

Appear in all proceedings involving the acquisition or loss of

senshi.

(© Represent the Government in all land registration and related
proceedings. Institute actions for the reversion to the Government of lands of
the public domain and improvements thereon as well as lands held in violation
of the Constitution.

() — Coneiliate, mediate, settle, or adjudicate all disputes, claims, and
controversies solely between or among the departments, bureaus, offices,
agencies, and instrumentalities of the National Government, including GOCCs.

@ — Render opinion and advice on matters referred by the
departments, bureaus, offices, agencies, and instrumentalities of the National
Government, including GOCCs.

(6) Prepare, upon request of the President or other proper officer of
the National Government, rules and guidelines for government entities
governing the preparation of contracts, making of investments, undertaking of
transactions, and drafting of forms or other documents needed for official use,
for the purpose of facilitating their enforcement and ensuring that they are
entered into or prepared conformably to law and for the best interests of the
public.

() —_Deputize, whenever in the opinion of the Solicitor General the
public interest requires, any provincial or city prosecutor to assist him in the
performance of any function or discharge of any duty incumbent upon him,
within the jurisdiction of the aforesaid provincial or city prosecutor. When so
deputized, the prosecutor shall be under the control and supervision of the
Solicitor General with regard to the conduct of the proceedings assigned to the
prosecutor, and he may be required to render reports or furnish information
regarding the assignment.



shall be the
Cs shall refer to

@) Any law to the contrary notwithstanding, the C
legal counsel and principal law office of all GOCCs. All GOC
the OSG the following:

@ Before their execution, all contracts for review; and

(i) All cases for representation before regular courts, quasi-
judicial bodies, administrative agencies, and arbitral
tribunals, Provided ‘That the Solicitor General may
thereafter authorize the GOCC’s legal department
because of urgency or expediency to appear as
collaborating counsel to handle GOCC’s case:

As legal counsel of all GOCCs, the OSG shall also perform the
following functions:

(1) Exercise control_and supervision over the legal
departments of all GOCCs through designated Assistant Solicitors
General and Solicitors;

Q Exercise visitorial powers over GOCCs; :

(3) Enforce the Property Insurance Law pursuant to
Republic Act No. 656, as amended by Presidential Decree 245, in
domestic of international transactions;

(4) Conduct periodic performance audits of the in-house
lawyers or legal departments of the GOCCs and to recommend
appropriate actions to GOCCs;

(8) Require the in-house lawyers or legal departments of
GOCCs to submit periodic reports of work performed and/or
accomplished and to supervise and control the necessary legal action;
and

(©) Perform other functions as maybe provided by law and
such additional tasks as may be required by the GOCCs, with the
conformity of the Solicitor General. (n)

(K)  Deputize legal officers of government departments, bureaus,
agencies, offices, and GOCCs to assist the Solicitor General and appear or
6


represent the Government in cases involving their respective offices, brought
before the courts, and exercise supervision and control over such legal officers
with respect to such cases.

@ Calon any department, bureau, office, agency, or instrumentality
of the Government, including any GOCC, for such service, assistance, and
cooperation as may be necessary in fulfilling its functions and responsibilities
and for this purpose enlist the services of any government official or employee
in the pursuit of his tasks.

Departments, bureaus, agencies, offices, instrumentalities, and GO
to whom the OSG renders legal services are authorized to disburse funds from
their sundry operating and other funds for the OSG. For this purpose, the
Solicitor General, Assistant Solicitors General, Senior State Solicitors, State
Solicitors, and Associate Solicitors are specifically authorized to receive
allowances as may be provided by the Government offices, instrumentalities,
and GOCCS concerned, in addition to their regular compensation. (cf. 1987
Administrative Code, Book IV, Title IIT, Chapter 12, Sec. 35 (9))

(m) The powers and functions of the PCGG are hereby transferred
to the OSG which include the following: :

(1) To file and prosecute all cases investigated by the PCGG
under Executive Order No. 1, dated 28 February 1986,
Executive Order No. 2, dated 12 March 1986, and
Executive Order No. 432, dated 26 May 2005, as may be
warranted by its findings;

2) To continue handling cases relative to the recovery of ill-
gotten wealth and behest loans;

(3) To grant immunity from criminal prosecution to any

person who provides information or testifies in any
i i is conducted by the PCGG or
by the OSG, to establish the
unlawful manner in which any respondent, defendant or
accused has acquired or accumulated the property or
properties in question in any case where such information
or testimony is necessary to ascertain or prove the latter's
guilt or his civil liability. The immunity thereby granted
shall be continued to protect the witness who repeats



)

©)

©)

©

Co)

such testimony before the Sandiganbayan when required
to do so; and

(4) To call upon any department, bureau, office, agency,
instrumentality or corporation of the government, or any
officer or employee thereof, for such assistance as it may
ced in the discharge of its functions relative to recovery
of ill-gotten wealth and behest loans.

Represent, upon the instructions of the President, the Republic
of the Philippines in international litigations, negotiations, or
conferences where the legal position of the Republic must be
defended or presented.

Engage the services of counsel to assist in the discharge of his
duties and responsibilities. However, due to the fiduciary nature
of the relationship between the OSG and the counsel, the
engagement of the latter shall be exempt from Republic Act Ni
9184 (Government Procurement Reform Act) and Presidential
Decree 1445 (Government Auditing Code of the Philippines)

Act and represent the Republic and/or the people before any
court, tribunal, body, or commission in any matter, action, or
proceeding which, in his opinion, affects the welfare of the
people as the ends of justice may require;

Acquire, own, hold, or lease real and personal property; sell or
otherwise dispose of the same; enter into contracts including
loan agreements and joint venture agreements; and do and
perform any and all acts that may be necessary or proper to carry
out the purposes of this Act. (a)

Provide a Legal Internship Program to help law students prepare
and train for and experience legal practice in public service. (n)

Perform such other functions as may be provided by law.

SECTION 6. Abolition of the Office of the Government Corporate
Counsel and the Presidential Commission on Good Government. ~ ‘The
legal representation of the Government, its agencies, and instrumentalities,

8


including GOCCs, and officials and agents acting in their official capacity, and
the powers and functions of the PCGG shall be consolidated in the OSG, the
principal law office and legal defender of the Government. For this purpose,
the OGCC and the PCGG are hereby abolished, and all the powers and
functions of said Offices which are not inconsistent with the provisions of this
Act are hereby transferred to the OSG.

After settlement of its liabilities, if any, all budgetary appropriations,
funds, properties, records, equipment, rights, choses in action, and other a!
of the OGCC and the PCGG are hereby transferred to the OSG. (n)

SECTION 7. Appointments. ~ ‘The Solicitor General shall be
appointed by the President of the Philippines.

‘The Assistant Solicitors General, Senior State Solicitors, and State
Solicitors shall be appointed by the President upon recommendation of the
Solicitor General. Associate Solicitors shall be appointed by the Solicitor
General.

‘The Financial Management Service, Docket Management Service, Case
Management Service, Human Resources Management and Administrative
Service, and Budget and Planning Service shall each be headed by a Director to
be appointed by the President upon the recommendation of the Solicitor
General. ‘The Service Heads shall possess the necessary CES eligibility and
qualifications for the position prescribed under pertinent civil service laws,
rules, and regulations: Provided, that if a Service Head who docs not possess the
necessary eligibility and qualifications is occupying the position at the time of
the effectivity of this Act, he or she shall continue to perform such functions as
officer-in-charge and shall have a maximum of two (2) years to comply with the
said cligibility and qualifications: Provided, further, that if the Service Head fails or
is unable to meet the eligibility and qualifications for the position after the lapse
of two (2) years from effectivity of this Act, he or she shall be ipso jure removed
from said position. (n)

Administrative personnel in the OSG shall be appointed by the Solicitor
General.

SECTION 8. Standards. ~ The Solicitor General shall have the rank
of a Cabinet Secretary and the same qualifications for appointment, rank,
2


category, prerogatives, salaries, allowances, emoluments, privileges, retirement
and all other benefits of an Associate Justice of the Supreme Court; an
Assistant Solicitor General, those of an Associate Justice of the Court of
Appeals.

‘The qualifications for appointment, rank, category, prerogatives, salaries,
allowances, emoluments, privileges, retirement and all other benefits of
Solicitors shall be the same as judges, specified as follows:

Senior State Solicitor — Regional Trial Court Judge

State Solicitor II - Metropolitan Trial Court Judge

State Se

licitor I — Municipal Trial Court in Ci

s Judge

‘The Solicitor General shall be entitled to the same retirement benefits
and privileges as an Associate Justice of the Supreme Court, provided he has
served in such capacity for at least two (2) years. Such retirement benefits and
privileges shall accrue to him or her upon reaching the age of sixty (60) years

Assistant Solicitor Generals, Senior State Solicitors, State Solicitors U1,
and State Solicitors I shall be entitled to the same retirement benefits and
privileges as their counterparts in the Judiciary upon reaching the age of sixty
(60) years, provided that they have served in such capacities for at least five
years, An Assistant Solicitor General, Senior State Solicitor, State Solicitor II,
and State Solicitor I may opt to serve up to the age of seventy (70) years.

Sy

‘The Solicitor General shall determine the qualifications, prerogatives,
and responsibilities of the Associate Solicitors.

SECTION 9, Office of Legal Services. - The OLS shall have the
following functions:

(2) Represent the Solicitor General, Assistant Solicitors General,
State Solicitors, Associate Solicitors, and all other employees of the OSG who
are impleaded in their official capacity in any litigation, proceeding,
investigation, or matter requiring the services of a lawyer;

10


(©) Draft proposed legislative measures to strengthen the OSG and
enable it to efficiently and effectively discharge its mandate for submission by
the Solicitor General to Congress and/or to the President of the Philippines;

(©) Conduct research on legal issues that may be assigned by the
Solicitor General; and

(@) Perform such functions and duties as may be assigned by the
Solicitor General. (n)

SECTION 10. Capacity Development. — In order to build and
develop the capability of the OSG as an organization to achieve development
goals, as well as enhance its abilities to achieve measurable and sustainable
results, the Solicitor General, in consultation with the Assistant Solicitors
General, shall formulate, develop, and implement plans, activities, and
programs towards the improvement of knowledge, skills, and systems. To
achieve this objective, the Solicitor General may by himself authorize OSG
lawyers to travel anywhere in the Philippines and abroad to attend seminars,
fora, conferences, or lectures on different areas of law, pleadings and practice
in international courts and tribunals, public-private partnerships, and public
corporate governance, among others. The Solicitor General may also authorize
the administrative staff of the OSG to undergo relevant training to improve
their skills.

SECTION 11. Compensation. — The salary grades of the Solicitor
General, Assistant Solicitors General, Senior State Solicitors, State Solicitors,
and Associate Solicitors shall be as follows:

POSITION | SALARY GRADE
Solicitor General 31
Assistant Solicitor General 30
Senior State Solicitor 29 _|
State Solicitor IT 28
State Solicitor I 27 _|
Associate Solicitor IIT 26
Associate Solicitor I 25
Associate Solicitor I 24



‘The Solicitor General, Assistant Solicitor General, and Solicitors shall be
entitled to step increments and longevity pay which shall be equivalent to those
being received by their counterparts in the judiciary.

‘The positions and salaries of non-legal personnel in the OSG shall be in
the level of their counterparts in the Court of Appeals.

SECTION 12. Benefits and Privileges. — The OS
employees with the following benefits:

hall provide its

(1) Health care services through a health maintenance organization
(HMO). Expenses for the mandatory annual executive check-up of the
Solicitor General, the Assistant Solicitors General and OSG officials whose
positions correspond to Salary Grade 28 and above shall be for the account of
the OSG;

2 Hazard pay, as well as accident insurance policies procured by the
OSG at its owa expense to protect its officials while they are in the
performance of their official duties and functions;

(3) Without prejudice to efficiency in the service, scholarships to
deserving employees on official time and at the expense of the OSG to
enhance their academic growth and upgrade their knowledge and skills.
Scholarships under this provision shall be granted on the basis of competitive
examination. Scholars shall be required to render service in the OSG upon
immediate completion of the program, course or degree, in accordance with
applicable Civil Service laws, rules and regulations.

(4) A provident fund which shall consist of contributions made both by
the OSG and by its lawyers and employees to a common fund for the payment
of benefits to such lawyers or employees or their heirs;

(9) Other perquisites and benefits as enjoyed by other government
offices or as may be determined by the Solicitor General in the exigencies of
the service and in accordance with law. (n)

SECTION 13. Seminar and Other Professional Fees. — Subject to
the availability of funds, fees for relevant seminars, as well as professional
12


membership fees for lawyers, registration fees, and related miscellaneous
expenses incurred in completing the mandatory continuing legal education
(MCLE) course shall be borne by the OSG: Provided, that the lawyer whose
membership fees /dues to the Integrated Bar of the Philippines (IBP) have been
paid up or reimbursed by the OSG, shall maintain his or her service in the
OSG for at least five (5) years: Provided, further, that should the lawyer resign or
in any manner sever his or her service from the Office, he or she shall be
required to reimburse the paid up IBP membership dues/fees in pro rata. (n)

Professional membership, registration fees, including those for
mandatory continuing professional education (CPE), and related miscellaneous
expenses of other employees holding positions for which a professional license
is required by the office shall also be borne by the OSG.

SECTION 14. Survivorship Benefits; Coverage. —Upon the death of
licitor General, Assistant Solicitor General, Senior State Solicitor, State
Solicitor, or an Associate Solicitor of the OSG, if said official had retired or
was in the service at the time of death, the surviving legitimate spouse and
dependent children, or in their absence, the surviving parents of said official
shall be entitled to receive on a monthly basis all the retirement benefits that
the deceased official was receiving or entitled to receive at the time of death
under the provisions of the applicable retirement laws. A “dependent” means a
legitimate, illegitimate, or legally adopted child who is chiefly dependent with
the above-enumerated deceased officials 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 defect. ‘The surviving legitimate spouse shall continue to receive
retirement benefits during his or her lifetime or until he or she remarries:
Provided, that if the surviving legitimate spouse is receiving benefits under
existing retirement laws, the surviving legitimate spouse shall only be entitled to
the difference between the amount provided for in this Act and the benefits
the surviving spouse has been receiving: Pronided, further, that said benefits shall
be granted to all aforementioned members of the OSG who died or retired
prior to the effectivity of this Act: Provided, furthermore, that the surviving
legitimate spouse receiving the benefit shall not, if he or she is a member of the
Bar, appear as counsel before any court in any civil case wherein the
Government or any subdivision or instrumentality thereof, including GOCCs,
is the adverse party, or in any criminal case wherein an incumbent or former
officer or employee of the Government is accused of an offense committed in
relation to his or her office, or collect any fee for his or her appearance in any

13

al



administrative proceeding; and when the surviving legitimate spouse shall
assume an elective public office, he or she shall not, upon assumption of office
and during his or her term, receive the said survivorship benefits. (n)

SECTION 15. Grant of Special Allowances, — Any law to the
contrary, notwithstanding, the Solicitor General, Assistant Solicitors General,
Senior State Solicitors, State Solicitors and Associate Solicitors shall be granted
special allowances in amounts to be determined by the Solicitor General.

“The grant of special allowances shall be implemented uniformly in such
sums and amounts and up to the extent only that can be supported by the
funding source specified in Section 18 (a) to (d) hereof: Provided, that cach grant
of the said special allowance shall not exceed One hundred percent (100%) of
the basic salary of solicitors as provided in Republic Act No. 6758, otherwise
known as the Salary Standardization Law: Provided, further, that said special
allowances shall be exempt from income tax.

SECTION 16. Other Benefits. — Notwithstanding any law, ot
administrative rule or regulation, the lawyers of the OSG are allowed.to receive
honoraria and allowances directly from cach client department, agency, and
instrumentality of the Government, as well as from each client GOCC for the
legal services that said lawyers render, which may include attendance in
hearings, providing legal advice, drafting of conteacts and legal documents, and
performing designated functions; Provided, that said honoraria and allowances
shall be exempt from income tax.

SECTION 17. Franking Privilege. — All official mail matters and
telegrams of the OSG addressed for delivery within the Philippines shall be
received, transmitted, and delivered free of charge: Provided, that such mail
matters when addressed to private persons or non-government offices shall not
exceed one hundred twenty (120) gram:

SECTION 18 Funding.— ‘The funds required for the
implementation of this Act, including those for health care services,
survivorship benefits; insurance premiums, professional, educational, and
registration fees; transportation benefits; and other benefits and privileges
mentioned in the other provisions of this Act, shall be provided for in the

14


General Appropriations Act and augmented by funds sourced from the
following:

(@) Twenty percent (15%) of monetary awards or value of assets
adjudged by the Courts or tribunals to client departments, agencies and
instrumentalities of the Government, and GOCCs, including those under
court-approved compromise agreement

() Twer

forfeiture proceedin,

y percent (25%) of assets adjudged to the Government in

© Fifty percent (50%) of fees collected by the Special Committee
on Naturalization; and

(@ All other income, fees and revenues earned and collected by the
Office of the Solicitor General.

For this purpose, the OSG is hereby authorized to charge deputation,
certification, and other similar fees in the cases that it handles.

‘The amounts collected pursuant to this section shall constitute a trust
fund in the name of the OSG to be managed and used by the Solicitor General
to carry out the provisions of this Act.

SECTION 19. Transfer of Cases. — All cases being handled by the
OGCC shall be transferred to the OSG: Provided, howerer, that the handling,
OGCC lawyer shall submit a status report of all cases he or she is handling to
the Solicitor General: Pronided, further, that a certification under oath that the
records of the case transmitted to the OSG are complete shall be made by the
handling OGCC lawyer as a pre-condition for receiving the separation or
retirement benefits under this Act. (n)

SECTION 20. Case Migration. — Upon the effectivity of this Act, a
transition “Case Migration Committee” shall be created composed of:
3) members from each of the respective records and docket divisions of
1G, the OGCC, and the PCGG, at least two (2) members from the legal
of all GOCCs, and at least two lawyers each from the OSG, the
ind the PCGG.



‘The CMC shall ensure the smooth turnover of all cases and legal
concerns of the OGCC and the PCGG to the OSG, with corresponding status
reports, complete records, and other relevant documents, taking care that no
case of legal concern shall be prejudiced in the process of turnover.

‘The CMC shall have the responsibility of determining which cases and
legal concerns need immediate attention or are extremely urgent. These cases
and legal concerns shall immediately be transferred and/or referred to the
OSG.

‘The CMC
constitution. The
General. (n)

hall complete its work within thirty (30) days from its
shall submit a comprehensive report to the Solicitor

SECTION 21. Retirement or Separation from Service. —
Consequent to the abolition of the OGCC and the PCGG, OGCC and PCGG
officials and employees who have attained fifty (50) years of age and have
rendered at least fifteen (15) years in government service, the last five (5) years
of which shall have been continuously rendered in the OGCC or the PCGG,
shall be qualified for retirement with full retirement gratuity and pension
pursuant to applicable laws. Those who lack any one of the above qualifications
shall receive a separation pay equivalent to one and a half (11/2) months for
every year of service in government, which will be provided for in the General
Appropriations Act. (a)

SECTION 22. Implementing Rules and Regulations, — Within
thirty (30) days from the approval of this Act, the Solicitor General, in
coordination with the Secretary of Budget and Management, shall promulgate
such rules and regulations as may be necessary to carry out the provisions of
this Act. Until such time that the rules and regulations are promulgated and
Section 21 of this law is implemented, the officials and administrative
personnel of the OGCC and PCGG shall remain in their positions in a
holdover capacity.

SECTION 23. Retroactivity. ~The retirement benefits provided for
in Section 8 and the survivorship benefits provided for under Section 14 of this
Act shall have retroactive effect as of the date of effectivity of Republic Act
No. 9417. (a)

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SECTION 24. Appropriations. — ‘The amount necessary for the
initial implementation of this Act shall be taken from the current
appropriations of the OSG and/or its savings. Thereafter, such sums as may be
necessary for the continued implementation of this Act shall be included in the
annual General Appropriations Act.

SECTION 25. Repealing Clause. — Pertinent provisions of
Executive Order No. 292, otherwise known as the Revised Administrative
Code of 1987, as amended, Republic Act No. 9417, and all laws, decrees,
orders, rules and regulations or parts thereof which are contrary to or
inconsistent with the provisions of this Act are hereby repealed or amended
accordingly.

This Act expressly repeals Republic Act No. 2327 entitled “Am act tv
declare the position of Government Corporate Counsel distinct and separate from that of the
Solicitor General, provide for his appointment and salary and appropriate the necessary funds
therefor, and for other purposes”, and Executive Orders No. 1 entitled “Creating the
Presidential Commission on Good Gorerament” and No. 2 entitled “Regarding the
Funds, Moneys, Assets and Properties legally Acquired or Misappropriated: by Foremr
President Ferdinand Marvos ...” , s. 1986, and, related laws.

SECTION 26. Separability Clause. — If any provision of this Act is
declared invalid or unconstitutional, the provisions not affected thereby shall
continue to be in full force and effect.

SECTION 27. Effectivity. This Act shall take effect after fifteen
(15) days from its publication in px national newspapers of general circulation.

Approved,