01 AUG 2013
Republic of the Philippines Ow PH
HOUSE OF REPRESENTATIVES Apa
Quezon City

16" CONGRESS,
First Regular Session

HOUSE BILL NO. 2210

Introduced by REP. EVELINA G. ESCUDERO

EXPLANATORY NOTE

It is the declared policy of the State to protect the rights and promote the
welfare of the Filipino worker. Pursuant to this policy and to ensure efficient and
effective performance in the legal service of the Government, the Office of the Solicitor
General should be further strengthened,

This bill provides for the upgrading of the standards, benefits and privileges
and increasing the funding, of the Office of the Solicitor General. It also provides for
survivorship benefits to surviving spouse and legitimate children of a deceased or
retired OSG member,

Approval of this bill is earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16” CONGRESS
First Regular Session

HOUSE BILLNO. 2210

Introduced by REP. EVELINA G. ESCUDERO

AN ACT
TO FURTHER STRENGTHEN THE OFFICE OF THE SOLICITOR GENERAL AND
FOR OTHER PURPOSES

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

SECTION 1. Section 3 of Republic Act No. 9417 is hereby amended to read as
follows:

“Sec. 3. Standards. - The Solicitor General shall have cabinet rank and the
same qualifications for appointment, rank, CATEGORY, prerogatives, salaries,
allowances, [benefits] EMOLUMENTS, [and] privileges AND RETIREMENT AND
ALL OTHER BENEFITS OF AN [as the Presiding Justice of the Court of Appeals;]
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, AND RETIREMENT AND ALL
OTHER BENEFITS [and privileges] 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 Solicitor I - Municipal Trial Court in Cities Judge

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

SEC. 2. Section 5 of Republic Act No. 9417 is hereby amended to read 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 benefits:

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


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(2) All employees shall be covered 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; [and]

(4) A provident fund which shall consist of contributions made both by the
Office of the Solicitor 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

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

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

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

(i) | TWENTY PERCENT (20%) [five percent (5%)] of monetary awards OR
ASSETS given by the Courts to client departments, agencies and
instrumentalities of the Government, including those under court-
approved compromise agreements AND TWENTY PERCENT (20%) OF
ASSETS AWARDED TO THE GOVERNMENT IN FORFEITURE
PROCEEDINGS;

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

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

For this purposes, 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 IS LIKEWISE
AUTHORIZED TO BORROW FUNDS AND DISPOSE OF ITS ASSETS TO.
CARRY OUT THE PROVISIONS OF THIS ACT.

SEC. 4. A New Section 10 shall hereafter be added to Republic Act No. 9417,
afterwhich renumber the succeeding sections accordingly:

“SEC. 10. SURVIVORSHIP. - 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 AND DEPENDENT CHILDREN OF SAID OSG OFFICAL SHALL BE
ENTITLED TO RECEIVE ON A MONTHLY BASIS ALL THE RETIREMENT
BENEFITS THAT THE DECEASED 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 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 SAID SURVIVING LEGITIMATE SPOUSE SHALL CONTINUE
TO RECEIVE SUCH RETIREMENT BENEFITS DURING HIS/HER LIFETIME OR
UNTIL HE/SHE REMARRIES. PROVIDED, THAT IF THE SURVIVING
LEGITIMATE SPOUSE IS RECEIVING BENEFITS UNDER EXISTING
RETIREMENT LAWS, HE/SHE SHALL ONLY BE ENTITLED TO THE
DIFFERENCE BETWEEN THE AMOUNT PROVIDED FOR IN THIS ACT AND.
THE BENEFITS HE/SHE IS RECEIVING. PROVIDED FURTHER, THAT SAID
BENEFITS SHALL BE GRANTED TO ALL AFOREMENTIONED MEMBERS OF
THE OFFICE OF THE SOLICITOR GENERAL WHO DIED OR RETIRED PRIOR
TO THE EFFECTIVITY OF THIS ACT.

FUNDS FOR THE INITIAL IMPLEMENTATION OF THIS SECTION
SHALL BE TAKEN OUT OF THE CURRENT APPROPRIATIONS FOR THE
RETIREMENT OF THE OFFICERS AND EMPLOYEES OF THE OFFICE OF THE
SOLICITOR GENERAL AND/OR SAVING OF SAID OFFICE. THEREAFTER,
SUCH SUMS AS MAY BE NECESSARY FOR THE CONTINUED
IMPLEMENTATION OF THIS SECTION SHALL BE INCLUDED IN THE
ANNUAL GENERAL APPROPRIATIONS ACT.

SEC. 5. Retroactive Clause. - The retirement benefits provided for under Section
1 of this Act shall have retroactive effect as of the date of effectivity of Republic Act
No. 9417.

SEC. 6. 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. 7. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,