REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

etn No. 4748

Introduced by MAGDALO Party-List Representative
HON, GARY C. ALEJANO

EXPLANATORY NOTE

Article XVI, Section 8 of the 1987 Constitution provides that the state shall, from time to time,
review to increase the pensions and other benefits due to retirees of both the government and the
private sectors. In consonance with the above provision, this measure seeks to upgrade the
retirement benefits now found in various retirement laws by granting survivorship benefits to the
surviving legitimate spouse of a deceased retired member of the Office of the Solicitor General.

Under Republic Act No. 9417, the Solicitor General shall have cabinet rank and the same
qualifications for appointment, rank, prerogatives, salaries, allowances, benefits, and privileges
as the Presiding Justice of the Court of Appeals; an Assistant Solicitor General, those of an
Associate Justice of the Court of Appeals; and Senior State Solicitor, State Solicitor II and
Solicitor I those of a Regional Trial Court Judge, Metropolitan Trial Court Judge, and Municipal
Trial Court in Cities Judge, respectively. Just recently, Congress enacted Republic Act No. 9946,
amending RA 910 which provides survivorship pension for judges. However, while RA 9417
explicitly acknowledges that certain members of the Office of the Solicitor General have the
same rank as judges, the benefits provided for by RA 9946 are reserved for members of the
judiciary only.

This measure is envisioned to respond to the aforesaid gap in the law by likewise affording the
same benefits to the surviving legitimate spouse of a deceased retired member of the Office of
the Solicitor General, These benefits recognize and honor said officers of the Office of the
Solicitor General who have rendered almost a lifetime of service to the public and our people and
hopefilly to assist their family members who are left behind.

In view of the foregoing, immediate approval of this measure is earnestly sought.

égdalo Para sa Pilipino Party-List


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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

vane, 2248

House Bill No.

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

AN ACT
GRANTING SURVIVORSHIP BENEFITS TO THE SURVIVING LEGITIMATE
SPOUSE OF A DECEASED RETIRED MEMBER OF THE OFFICE OF SOLICITOR
GENERAL

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

SECTION |. Survivorship Benefits; Coverage. — Upon death of a Solicitor General,
Assistant Solicitor General, Senior State Solicitor or State Solicitor of the OSG, if said OSG

Official had retired or was in the service at the time of death, the surviving legitimate spouse or

dependent children of said OSG Official shall be entitled to receive on a monthly basis all the

retirement benefits that the deceased OSG Official was receiving or entitled to receive at the time

of death under the provisions of the applicable retirement laws then in force. A ‘dependent’

means a legitimate, illegitimate or legally adopted child who is chiefly dependent with the

above-enumerated deceased OSG Officials ch 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
or dependent child shall continue to receive such retirement benefits during one’s lifetime or
until said surviving legitimate spouse remarries or the dependent child marries: Provided, That if
the surviving legitimate spouse is receiving benefits under existing retirement laws, the surviving
legitimate spouse or dependent child shall only be entitled to the difference between the amount
provided for in this Act and the benefits one is receiving: Provided further, That said benefits
shall also extend and be granted to the surviving legitimate spouse or dependent children of any
aforementioned members of the Office of the Solicitor General who died or retired prior to the
effectivity of this Act. Provided furthermore, That the surviving legitimate spouse or dependent
child receiving the benefits shall not, if he/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

is the adverse party, or in any criminal case wherein an incumbent or former officer or employee


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of the government is accused of an offense committed in relation to his/her office, or collect any
fee for his/her appearance in any administrative proceeding; and when the surviving legitimate
spouse or dependent child shall assume an elective public office, he/she shall not, upon

assumption of office and during his/her term, receive the said benefits.

SEC, 2. Funding. Funds for the initial implementation of this Act shall be taken out of
the current appropriations for the retirement of officers and employees of the Office of the
Solicitor General and/or savings of the said office. Thereafter, such sums as may be necessary
for the continued implementation of this Act shall be included in the annual General

Appropriations Act.

SEC. 3. Effectivity. This Act shall take effect fifteen (15) days after its publication in the

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

Approved,