Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NOS 70

Introduced by HONORABLE STRIKE B. REVILLA

AN ACT
AUGMENTING THE EMPLOYEE BENEFITS FOR THE SOLICITORS OF THE
OFFICE OF THE SOLICITOR GENERAL BY PROVIDING RETIREMENT, DEATH
AND SURVIVORSHIP BENEFITS, AND APPROPRIATING FUNDS THEREFOR

EXPLANATORY NOTE

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 lawyer.

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 Republic Act No. 9417 entitled, “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” already
provides that Senior State Solicitors and State Solicitors of the OSG shalll have the same rank,
salaries, and privileges of trial court judges, 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 Attorney’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.

In view of the foregoing reasons, the expeditious approval of this bill is eamestly

sought.
REP. sa

2" District, Cavite


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL Noo 70

Introduced by HONORABLE STRIKE B. REVILLA

—— ed

AN ACT
AUGMENTING THE EMPLOYEE BENEFITS FOR THE SOLICITORS OF THE
OFFICE OF THE SOLICITOR GENERAL BY PROVIDING RETIREMENT, DEATH
AND SURVIVORSHIP BENEFITS, AND APPROPRIATING FUNDS THEREFOR

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

Section 1. Retirement Benefits. - When the Solicitor General has served in such
capacity continuously for at least three (3) consecutive years, regardless of age or years in
government service, he or she shall likewise be entitled to the retirement benefits under this
Act.

‘When an Assistant Solicitor General, Senior State Solicitor, State Solicitor II or a State
Solicitor I, who has rendered at least fifteen (15) years of service in the Office of the Solicitor
General (OSG) or in any other branch of the government prior to the OSG, or in both, (a) retires
for having attained the age of sixty-five (65) years, or (b) resigns by reason of his or her
incapacity to discharge the duties of his or her office as certified by the Solicitor General, he
or she shall receive, during the residue of his or her natural life, in the manner hereinafter
provided, a retirement pension based on the highest monthly salary plus the highest monthly
aggregate of transportation, living and representation allowances, which he or she was
receiving at the time of his or her retirement or resignation.

When an Assistant Solicitor General, Senior State Solicitor, State Solicitor II or a State
Solicitor I has attained the age of sixty (60) years and has rendered at least fifteen (15) years
of service in government, the last five (5) years of which must have been rendered in the OSG,
he or she shall likewise be entitled to retire and receive, during the residue of his or her natural


life the same benefits provided for in this section: Provided, however, That those with less than
fifteen (15) years of service in the Government shall be entitled to a pro rata pension computed
as follows:
No. of years (Highest Monthly Salary plus
in government service x _ the Highest Monthly Aggregate
15 years of Transportation, Living and
Representation Allowance)

Upon retirement, an OSG official or employee covered by this Act shall automatically
be entitled to a lump sum of five (5) years gratuity computed on the basis of the highest monthly
salary plus the highest monthly aggregate of transportation, living, and representation
allowances, which he or she was receiving on the date of his or her retirement and, thereafter,
upon survival after the expiration of five (5) years to further annuity payable monthly during
the residue of his or her natural life pursuant to the preceding paragraphs: Provided, however,
That if the reason for the retirement be any total permanent disability, as certified by the
Solicitor General, contracted during his or her incumbency in the office and prior to the date
of retirement, he or she shall receive a gratuity equivalent to ten (10) years’ salary and
allowances aforementioned: Provided, further, That should the retirement be with the
attendance of any partial permanent disability, as certified by the Solicitor General, contracted
during his or her incumbency in the office and prior to the date of retirement, he or she shall
receive a gratuity equivalent to two (2) years lump sum that he or she is entitled to receive
under this Act: Provided, furthermore, That if he or she survives after ten (10) years. in case
of total permanent disability, or seven (7) years, in case of partial disability, from the official
or employees’ retirement, he or she shall continue to receive a monthly retirement pension as
computed under this Act during the residue of his or her natural life. Nothing in this Act shall
be construed as to prevent the President of the Philippines from appointing any person sixty-
five (65) years of age or older as Solicitor General.

Sec. 2. Conditions. - While receiving the pension and benefits granted herein, no
retired or resigned official or employee covered in the immediately preceding section shall
appear as counsel before any judicial or quasi-judicial agency in any civil case wherein the
government or any agency, subdivision, or instrumentality thereof is an adverse party, or in
any criminal case where any officer or employee of the government is accused of an offense
committed in relation to their office, or collect any fee for appearance in any administrative
proceedings to maintain an interest adverse to the government, whether national, provincial, or

municipal, or to any of its legally constituted officers.


When a Solicitor General, Assistant Solicitors General, and State Solicitors covered by
and receiving any benefit under this Act shall assume an elective position in government, he
or she shall not, upon assumption of office and during his or her tenure as an elective official,
receive the monthly pension or any of the allowances due him or her.

Sec. 3. Death Benefits. — In case a Solicitor General, Assistant Solicitor General, Senior
State Solicitor, State Solicitor II or State Solicitor I dies while in actual service, regardless of
his or her age and length of service as required in the preceding section, his or her shall receive
a lump sum of five (5) years gratuity computed on the basis of the highest aggregate of
transportation, living and representation allowances received by the concemed Solicitor as
such: Provided, however, That where said Solicitor has rendered at least fifteen (15) years of
government service, either in the OSG or in any branch of the Government prior thereto, or
both, his or her heirs shall instead be entitled to a lump sum of ten (10) years gratuity computed
on the same basis as indicated in this provision: Provided, further, That the lump sum of ten
(10) years gratuity shall be received by the heirs of the Solicitor who was killed by reason of
his or her duties as such: Provided, furthermore, That the Solicitor has served in the OSG for
at least five (5) years, regardless of age, at the time of death. When a Solicitor is killed
intentionally while in service, the presumption is that the death is work-related.

Sec. 4. Survivorship Benefits; Coverage. — In case a Solicitor General, Assistant
Solicitor General, Senior State Solicitor, or a State Solicitor covered by this Act dies during his
or her retirement, or was eligible to retire optionally at the time of death, the surviving
legitimate spouse of said Solicitor shall be entitled to receive all the retirement benefits that the
deceased Solicitor was receiving or entitled to receive. Said surviving legitimate spouse shall
continue to receive such retirement benefits during his or her lifetime or until he or she
remarries: Provided, That if the surviving spouse is receiving benefits under existing retirement
laws, he or she shall only be entitled to the difference between the amount provided for in this
Act and the benefits that he or she is receiving.

The conditions provided under Section 2 of this Act shall likewise apply to the
surviving spouse herein.

Sec. 5. Funding. — The funds required for the implementation of this Act for the
retirement benefits, death benefits, and survivorship benefits shall be provided for in the
General Appropriations Act.

Sec. 6. Automatic Increase. — All retirement benefits of Solicitors General, Assistant
Solicitors General, and State Solicitors shall be automatically increased whenever there is an
increase in the salary and allowance in the same position from which they retired.


Sec. 7. Repealing Clause. — All laws, decrees, orders, rules and regulations or parts
thereof which are contrary to or inconsistent with the provisions of this Act are hereby
amended, repealed or modified accordingly.

Sec. 8. 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.

Sec. 9. Effectivity. ~ This Act shall take effect immediately after fifteen (15) days from
its publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,