SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'J 5 NAY 19 P 3 :00 
S.No. 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO FURTHER STRENGTHEN THE OFFICE OF THE SOLICITOR GENERAL, 
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9417 
EXPLANATORY NOTE 
The Office of the Solicitor General (OSG) is the biggest and busiest law office in the 
country. Under the Administrative Code of 1987, the OSG is mandated, among others, to: 
(1) 
represent the government in the Supreme Court (SC) and the Court 
of Appeals (CA) in all criminal proceedings; 
(2) 
represent the government and its officers in the SC, CA, and all 
other courts or and tribunals in all civil actions ad special proceedings in which 
the government or any officer in his or her official capacity is a party; 
(3) 
investigate, initiate court action, or in any manner proceed against 
any person, corporation, or firm for the enforcement of any contract, bond, 
guarantee, mortgage, pledge, or other collateral executed in favor of the . 
government; 
(4) 
appear in any court in any action involving the validity of any 
treaty, law, executive order or proclamation, rule, or regulation; 
(5) 
appear in all proceedings involving the acquisition or loss of 
Philippine citizenship; 
(6) 
represent the government III all land registration and related 
proceedings; 
1 


(7) 
prepare, upon request of the President or other proper govemment 
officer, rules and guidelines for government entities on the preparation of 
contracts, making of investments, undertaking of transactions, and drafting of 
forms or other documents for official use; 
(8) 
represent, upon instructions of the President, the Republic of the 
Philippines in intemational litigations, negotiations, or conferences where the 
legal position ofthe Republic must be defended or presented; and 
(9) 
act and represent the Republic and/or the people before any court, 
tribunal, body, or commission in any matter, action or proceeding which affects 
the welfare of the people as the ends of justice may require. l 
Additional powers and functions of the OSG is provided for under Republic Act No. 
9372 or the Human Security Act; R.A. No. 9167 or the Film Development Council of the 
Philippines Law; R.A. No. 9160 or the Anti-Money Laundering Act of2001; R.A. No. 9139 or 
the Administrative Naturalization Law of 2000; the National Intemal Revenue Code; R.A. No. 
9520 or the Philippines Cooperative Code of 2008; Executive Order No. 14, Series of 1986; and 
Presidential Decree No. 679. 
Further, the Rules of Court and other SC issuances provide for the appearance of the 
OSG, on behalf of the government, in various cases. From time to time, the President also 
assigns more tasks on the OSG through executive issuances, such as Memorandum Circular No. 
96 (1994) on the prosecution of claims against the Republic ofIraq arising from the Gulf War; 
and Memorandum Circular No. 153 (1997) on the prosecution of claims against the United 
States Crude Oil Overcharge Funds. 
Given the formidable and sensitive legal duties of the OSG, there is a need to strengthen 
the institution and provide its lawyers and employees benefits and privileges already being 
enjoyed by their counterparts in other govemment offices. This will ensure that the OSG is able 
to faithfully, effectively, and efficiently perform its mandate to uphold State interest. Towards 
this end, Congress must amend the present OSG law, R.A. No. 9417. 
Administrative Code of 1987, Book 4, Title 3, Chapter 12, Section 35. 
2 


For instance, this bill expands each legal division in the OSG from ten lawyers, which is 
provided for under R.A. No. 9417, to 12 lawyers. This will result to additional 60 plantilla 
positions for lawyers. The present complement of lawyers is not enough to meet the increasing 
number of cases involving the Republic. To illustrate, each solicitor handles an average of 700 
active cases, a large number of which involve special proceedings, annulment of marriage, land 
titles, taxation, and criminal cases. Hence, the present lawyers are overworked, overburdened, 
and are decreasing in number as some lawyers resign from the OSG to work in the private sector 
or transfer to other goverrunent agencies. The additional 60 lawyers will help ease the work of 
the present lawyers, and ultimately hasten the disposition of the cases being handled by the OSG. 
Further, this bill upgrades the qualifications for appointment, rank, category, 
prerogatives, salaries, allowances, emoluments, benefits, and privileges of the Solicitor General 
to that of an Associate Justice of the sc. While this provision does not change the Solicitor 
General's present salary grade of 31, it serves to enhance the prestige and honor of the position. 
While R.A. No. 9417 already provides that Senior State Solicitors and State Solicitors of 
the OSG shall have the same rank, salaries, and privileges of trial court judges, the benefits 
provided for under R.A. No. 9946, such as additional retirement, survivorship, and other 
benefits, are reserved for members of the judiciary only. Ironically, the counterparts of senior 
OSG lawyers in the National Prosecution Service (NPS) and the Public Attorney's Office (PAO) 
already enjoy these benefits which are not available to senior OSG lawyers. There is a need to 
equalize the benefits and privileges received by OSG lawyers with that of their counterparts in 
the judiciary, the NPS, and the P AO. At present, the OSG serves as a training ground for 
lawyers, as they go on to higher paying positions in the private sector or in other government 
offices. The government must provide incentives for lawyers to apply to and stay in the OSG, 
and reward those who choose to climb up the ranks and give the best years of their working life 
to theOSG. 
More important, given the complexity or national importance of the cases they handle, 
OSG lawyers face hazards to life and limb. The brutal killing of Assistant Solicitor General 
3 


Nestor J. Ballacillo, a Civil Service Dangal ng Bayan awardee, and his son Benedict is proof of 
this. 
The amendments on survivorship, authority to borrow, and increase of the OSG's share 
in monetary awards or assets given by courts to client departments and assets awarded to the 
government in forfeiture proceedings will further strengthen the OSG by increasing its source of 
income to carry out the expansion and pay the mandated benefits under R.A. No. 9417. Finally, 
the provision on retroactivity of the law will clarify the ambiguities in R.A. No. 9417 on the 
entitlement of OSG lawyers who have judicial ranks to the retirement benefits under related 
laws. 
d . ,- \,. 
~l1:-"'~ ,O'y~ 
~M 
DEFEI;:)SOR SAmIA(O· 
4 


SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'15 
MAY 19 P3:00 
Introduced by Senator Miriam Defensor Santiago 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
1 
AN ACT 
2 
TO FURTHER STRENGTHEN THE OFFICE OF THE SOLICITOR GENERAL, 
3 
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9417 
4 
SECTION 1. Section 2 of Republic Act No. 9417 is hereby amended to read as follows: 
5 
SEC. 2. Expansion. - The staff of the Office of the Solicitor General shall 
6 
be increased and their positions upgraded. From fifteen (15) legal divisions, there 
7 
shall be at least thirty (30) legal divisions in the Office of the Solicitor General, 
8 
with a corresponding increase in the general and administrative support personnel 
9 
and provision for ample office space. Each division, permanently headed by an 
10 
Assistant Solicitor General, shall consist of[ten (10)] TWELVE (12) lawyers and 
11 
such other personnel as may be necessary for the office to effectively carry out its 
12 
functions. 
13 
The present administrative structure of the Office of the Solicitor General 
14 
shall be recognized into the Financial Management Service, Docket and Case 
15 
Management Services, and the Human Resources Management Service. Each of 
16 
these shall be composed of the necessary divisions and sections. 
17 
The legal and non-legal staff of the Office of the Solicitor General 
18 
occupying the positions affected by the changes embodied in this Act at the time 
19 
of its approval shall thereafter occupy the positions mandated by this Act, and 
1 


1 
discharge the duties and functions of their new positions and receIve the 
2 
corresponding salary and benefits without the necessity of any new appointment." 
3 
SECTION 2. Section 3 of Republic Act No. 9417 is hereby amended to read as follows: 
4 
SEC. 3. Standards. - The Solicitor General shall have a cabinet rank and 
5 
the same qualifications for appointment, rank, CATEGORY, prerogatives, 
6 
salaries, allowances, [benefits] EMOLUMENTS, [and] privileges, AND 
7 
RETIREMENT AND ALL OTHER BENEFITS of [a Presiding Justice of the 
8 
Court of Appeals] AN ASSOCIATE JUSTICE OF THE SUPREME COURT; 
9 
an Assistant Solicitor General, those of an Associate Justice of the Court of 
10 
Appeals. 
11 
The qualifications for appointment, rank, CATEGORY, prerogatives, 
12 
salaries, ALLOWANCES, EMOLUMENTS, [benefits] privileges, AND 
13 
RETIREMENT AND ALL OTHER BENEFITS of Solicitors shall be the same 
14 
as judges, specified as follows: 
15 
16 
17 
Senior State Solicitor -
Regional Trial Court Judge 
State Solicitor II 
Metropolitan Trial Court Judge 
State Solicitor I 
- Municipal Trial Court in Cities Judge 
18 
The Solicitor General shall determine the qualifications, prerogatives and 
19 
responsibilities of the Associate Solicitors. 
20 
SECTION 3. Section 5 of Republic Act No. 9417 is hereby amended to read as follows: 
21 
SEC. 5. Benefits and Privileges. - Subject to the availability of funds, the 
22 
Office of the Solicitor General may provide its employees with the following: 
23 
(1) Health care service through a health maintenance 
24 
organization (HMO). Expenses for the mandatory annual executive 
25 
check-up of the Solicitor General, the Assistant Solicitors General, 
26 
SENIOR STATE SOLICITORS, STATE SOLICITORS and 
27 
the Service Heads, shall be for the account of the office; 
2 


1 
(2) All employees shall be covered by accident insurance 
2 
policies procured by the office at its own expense during travels 
3 
while in the performance of their official duties and functions; 
4 
(3) Without prejudice to efficiency in the service, 
5 
scholarship to deserving employees on official time and at the 
6 
expense of the Office of the Solicitor General to enhance their 
7 
academic growth and upgrade their knowledge and skills. Scholars 
8 
under this provision shall be selected on the basis of competitive 
9 
examination; 
10 
(4) A provident fund which shall consist of contributions 
11 
made both by the Office of the Solicitor General and by its lawyers 
12 
and employees to a common fund for the payment of benefits to 
13 
such lawyers or employees or their heirs; and 
14 
(5) OTHER PERQUISITES AND BENEFITS AS 
15 
MAY BE DETERMINED BY THE SOLICITOR GENERAL 
16 
IN THE EXIGENCIES OF THE SERVICE. 
17 
SECTION 4. Section 10 of Republic Act No. 9417 is hereby deleted and replaced by a 
18 
new Section 10 to read as follows: 
19 
SEC. 10. [Grant a/Special Allowances. - The Solicitor General, Assistant 
20 
Solicitor General, Senior State Solicitor, State Solicitors I and Associate Solicitors 
21 
I to III shall be granted special allowances in amounts to be determined by the 
22 
Secretary of the Department of Budget and Management and the Solicitor 
23 
General. The grant of special allowances shall be implemented uniformly in such 
24 
sums and amounts and up to the extent only that can be supported by the funding 
25 
source specified in Section 11 hereof: Provided, That the said special allowance 
26 
shall not exceed One hundred percent (100%) of the basic salary of solicitors as 
27 
provided in Republic Act No. 6758, otherwise known as the Salary 
3 


1 
Standardization Law.] SURVIVORSHIP BENEFITS. - UPON DEATH OF A 
2 
SOLICITOR GENERAL, ASSISTANT SOLICITOR GENERAL, SENIOR 
3 
STATE SOLICITOR OR STATE SOLICITOR OF THE OSG, IF SAID 
4 
OSG OFFICIAL HAD RETIRED OR WAS IN THE SERVICE AT THE 
5 
TIME OF DEATH, THE SURVIVING LEGITIMATE SPOUSE OR 
6 
DEPENDENT CHILDREN OF SAID OSG OFFICIAL SHALL BE 
7 
ENTITLED TO RECEIVE ON A MONTHLY BASIS ALL THE 
8 
RETIREMENT BENEFITS THAT THE DECEASED OSG OFFICIAL 
9 
WAS RECEIVING OR ENTITLED TO RECEIVE AT THE TIME OF 
10 
DEATH 
UNDER 
THE 
PROVISIONS 
OF 
THE 
APPLICABLE 
11 
RETIREMENT LAWS THEN IN FORCE. A 'DEPENDENT' MEANS A 
12 
LEGITIMATE, ILLEGITIMATE OR LEGALLY ADOPTED CHILD 
13 
WHO IS CHIEFLY DEPENDENT ON THE ABOVE-ENUMERATED 
14 
DECEASED OSG OFFICIALS, IF SUCH DEPENDENT IS NOT MORE 
15 
THAN TWENTY-ONE (21) YEARS OF AGE, UNMARRIED AND NOT 
16 
GAINFULLY EMPLOYED, OR IF SUCH DEPENDENT, REGARDLESS 
17 
OF AGE, IS INCAPABLE OF SELF-SUPPORT BECAUSE OF MENTAL 
18 
OR PHYSICAL DEFECT. THE SURVIVING LEGITIMATE SPOUSE OR 
19 
DEPENDENT CHILD SHALL CONTINUE TO RECEIVE SUCH 
. 
20 
RETIREMENT BENEFITS DURING HIS OR HER LIFETIME OR UNTIL 
21 
SAID SURVIVING LEGITIMATE SPOUSE REMARRIES OR THE 
22 
DEPENDENT 
CHILD 
MARRIES: 
PROVIDED, 
THAT 
IF 
THE 
23 
SURVIVING LEGITIMATE SPOUSE IS RECEIVING BENEFITS UNDER 
24 
EXISTING RETIREMENT LAWS, THE SURVIVING LEGITIMATE 
25 
SPOUSE OR DEPENDENT CHILD SHALL ONLY BE ENTITLED TO 
26 
THE DIFFERENCE BETWEEN THE AMOUNT PROVIDED FOR IN 
27 
THIS ACT AND THE BENEFITS HE OR SHE IS RECEIVING: 
28 
PROVIDED FURTHER, THAT SAID BENEFITS SHALL BE GRANTED 
4 


1 
TO ALL AFOREMENTIONED MEMBERS OF THE OFFICE OF THE 
2 
SOLICITOR GENERAL WHO DIED OR RETIRED PRIOR TO THE 
3 
EFFECTIVITY OF THIS ACT: PROVIDED FINALLY, THAT THE 
4 
SURVIVING 
LEGITIMATE 
SPOUSE 
OR 
DEPENDENT 
CHILD 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
RECEIVING THE BENEFITS SHALL NOT 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 
OF THE GOVERNMENT IS ACCUSED OF AN OFFENSE COMMITTED 
IN RELATION TO HIS OR HER OFFICE, OR COLLECT ANY FEE FOR 
HIS I OR 
HER 
APPEARANCE 
IN 
ANY 
ADMINISTRATIVE 
I 
PROCEEDING; AND WHEN THE SURVIVING LEGITIMATE SPOUSE 
I 
OR FEPENDENT CHILD SHALL ASSUME AN ELECTIVE PUBLIC 
OFFrE, HE OR SHE SHALL NOT, UPON ASSUMPTION OF OFFICE 
ANDIDURING HIS OR HER TERM, RECEIVE THE SAID BENEFITS. 
I 
! 
SECtION 5. Section II of Republic Act No. 9417 is hereby amended to read as follows: 
I SEC. II. Funding. - The funds required for the implementation of this 
Act, including those for health care services, insurance premiums, professional, 
I 
educdtional, registration fees, contracted transportation benefits, and other 
i 
beners above, shall be taken from: 
(i) 
[Five percent (5%)] TWENTY PERCENT (20%) 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 TWENTY PERCENT 
5 


(ii) 
(20%) 
OF 
ASSETS 
AWARDED 
TO 
THE 
GOVERNMENT IN FORFEITURE PROCEEDINGS; 
fifty percent (50%) of fees collected by the Special 
Committee on Naturalization; and 
1 
2 
3 
4 
5 
(iii) 
all other income, fees and revenues earned and collected by 
6 
the Office of the Solicitor General. 
7 
For this purpose, the Office of the Solicitor General is hereby authorized 
8 
to charge deputation, certification and other similar fees in the cases that it 
9 
handles. 
10 
The amounts collected pursuant to this section shall constitute a trust fund 
11 
in the name of the Office of the Solicitor General to be managed and used by the 
12 
Solicitor General to carry out the provisions of this Act. 
13 
THE OFFICE OF THE SOLICITOR GENERAL IS LIKEWISE, 
14 
AUTHORIZED TO BORROW FUNDS AND DISPOSE OF ITS ASSETS 
15 
TO CARRY OUT THE PROVISIONS OF THIS ACT." 
16 
SECTION 6. Appropriations. - The amount needed for the initial implementation of this 
17 
Act shall be taken from the regular appropriations of the Office of the Solicitor General under 
18 
the annual General Appropriations Act. 
19 
SECTION 7. Rules and Regulations. - The Solicitor General, in consultation with the 
20 
Secretary of Budget and Management, shall promulgate the necessary rules and regulations for 
21 
the effective implementation of the provisions of this Act. 
22 
SECTION 8. Retroactivity. - The retirement benefits provided for in Section 2 of this Act 
23 
shall have retroactive effect as of the date of effectivity of Republic Act No. 9417. 
6 


1 
SECTION 9. Separability Clause. -
If any provision of this Act is declared 
2 
unconstitutional or invalid, other parts or provisions which are not affected shall continue in full 
3 
force and effect. 
4 
SECTION 10. Repealing Clause. - All laws, executive orders, presidential decrees, 
5 
rules, and regulations, or any parts thereof, which are inconsistent with this Act are hereby 
6 
amended, modified, or repealed accordingly. 
7 
SECTION II. Effectivity. - This Act shall take effect fifteen (15) days following its 
8 
publication in a newspaper of general circulation. 
Approved, 
7