SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES }
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 4069

EXPLANATORY NOTE

The Office of the Solicitor General 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 concemed, it shall also represent government-owned or-controlled
corporations. The Office of the Solicitor General represents, 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, As
Tribune of the People, the Office of the Solicitor General acts and represents the Republic
and/or the People before any court, tribunal, body or commission in any matter, action or
proceedings which in this opinion, affects welfare of the people as the ends of justice may
Tequire. Thus, the duty of the Office of the Solicitor General is to defend the interest of the
Republic of the Philippines and to advocate the rule of law as a fulcrum in advancing the
interests of the Government and the rights of all the People of the Republic of the
Philippines. As Tribune of the People, the Office of the Solicitor General, at times takes a
positions contrary to that of its traditional client - the Government.

Given these formidable duties of the Solicitor General, his insulation from political
pressure is crucial and necessary for the proper performance of his duty to uphold the
interest of the State and to faithfully carry out his role as Tribune of the People.

To further strengthen the Office of the Solicitor General as an institution, this bill aims
to give the Solicitor General a fixed term of seven years without reappointment. It is
designed to insulate the Solicitor General, as principal lawyer of the Republic of the
Philippines and as the Tribune of the People, from political pressure and held ensure his
independence.

This bill likewise aims to grant to the Office of the Solicitor General fiscal autonomy to
further ensure its independence and perform its twin duty as the principal law officer of
Government and the Tribune of the People.

To further strengthen the Office of the Solicitor General as an institution, this bill aims
to give the Solicitor General a fixed term of seven years without reappointment. It is
designed to insulate the Solicitor General, as principal lawyer of the Republic of the
Philippines and as the Tribune of the People, from political pressure and help ensure his
independence.

This bill likewise aims to grant to the Office of the Solicitor General fiscal autonomy to
further ensure its independence and perform its twin duty as the principal law officer of

Government and the Tribune of the People.
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SIXTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES )
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No, _ 4069

AN ACT
STRENGTHENING THE AUTONOMY AND INDEPENDENCE OF THE OFFICE OF THE
SOLICITOR GENERAL AND FOR OTHER PURPOSE

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

Sec.1. Section 3 of the Republic Act No, 9417 Is hereby amended to read as follows:
"Sec.3, Standard ~ The Solicitor General shall have a cabinet rank, a
term of seven years without reappointment, and the same qualifications for
appointment, rank, prerogatives, salaries, allowances and privileges as the
Presiding Justice of the Court of Appeals; as Assistant General shall have
the same qualifications for appointment, rank, prerogatives, salaries,
allowances, benefits and privileges as the Associate Justice of the Court of
Appeals.
The qualifications for appointment, rank, prerogatives, salaries,
allowances benefits and privileges of Solicitors shall be the same judges,
specified as follows:

Senior State Solicitor = Regional Trial Court Judge
State Solicitor II - Metropolitan Trial Court Judge
State Solicitor - Municipal Trial Cities Judge

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

SEC.2. Section 5 Republic Act No, 9417 is hereby amended to reads as follows:

Sec. 5. Benefits and Privileges — Subject to the availability of funds,
the Office of the Solicitor General may provide its employees with the
following:

(1) Health care service through a health maintenance organization
(HMO). Expenses for the mandatory annual executive check-up
of the Solicitor General, the Assistant Solicitors General, and the
Service Heads, shall be for the account of the office;

(2) All employees shall be covered by accident by accident insurance
policies procured by the office at its own expense during travels
while in the performance of their official duties and functions;

(3) Without prejudice to efficiency in the service, scholarship to
deserving employees on official time and at the expense of the
Office of the Solicitor General to enhance their academic growth


and upgrade their knowledge and skills. Scholars under this
provision shall be selected on the basis of competitive
examination:

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

(5) Other perquisites and benefits as may be determined by the
Solicitor General in the exigencies of the service.

SEC.3. Section 11 of Republic Act No. 9417 is hereby amended to read as follows:

Sec. 11 Funding. ~ The funds required for the implementation of this
Act, including those for health care services, insurance premiums,
professional, educational, registration fees, contracted transportation
benefits, the other benefits above, shall be taken from:

(i) ten percent (10%) of monetary awards or assets given
by the Court to client departments, agencies and
instrumentalities of the Government, including those
under court-approved compromise agreements and
10% of assets awarded to the Government in forfeiture

proceeding;

(i) fifty percent (50%) of fees collected by the Special
‘Committee on Naturalization; and

(iii) all other income, fees and revenues eamed and
collected by the Office of the Solicitor General.

For this purpose, the Office of the Solicitor General 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 Office of the Solicitor General to be managed and used by the
Solicitor General to carry out the provisions of this Act.

The Office of the Solicitor General shall enjoy fiscal autonomy to ensure its
independence in carrying out its role as the principal law firm of the Government and
the Tribune of the People. Annual appropriations for the Office of the Solicitor
General shall be automatically and regularly released. The Office of the Solicitor
General is likewise, authorized to borrow funds and dispose its assets to carry out
the provisions of this Act

SEC.4. Separability Clause. — If any provision of this Act is declared unconstitutional or
invalid, other parts or provisions hereof not affected shall continue in full force and effect.

SEC.6. Effectivity. - This Act shall take effect fifteen (15) days following its publication in at
least two (2) newspapers of general circulation

Approved,