Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Batasan Hills, Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______ 
Introduced by  
HON. ATTY. GERVILLE “JINKY BITRICS” R. LUISTRO 
AN ACT  
STRENGTHENING THE LEGAL STAFF OF THE DEPARTMENT OF JUSTICE, 
RENAMING IT AS THE OFFICE OF THE CHIEF STATE COUNSEL, REDEFINING, 
EXPANDING, RATIONALIZING, AND FURTHER PROFESSIONALIZING ITS 
ORGANIZATION, AND APPROPRIATING FUNDS THEREFOR  
EXPLANATORY NOTE 
The Department of Justice (DOJ) Legal Staff, commonly referred to as the Office of the 
Chief State Counsel, plays a vital role in the executive branch’s legal framework. It serves as the 
principal legal adviser of the Government, assisting the Secretary of Justice in rendering opinions 
on questions of law and reviewing contracts, treaties, and other agreements entered into by the 
government and its instrumentalities. Despite its critical function, the office continues to operate 
under an outdated structure and staffing pattern that limits its efficiency and responsiveness to the 
increasingly complex legal demands of governance. 
This bill seeks to formally rename the DOJ Legal Staff as the “Office of the Chief State 
Counsel,” and to redefine, expand, rationalize, and professionalize its organization. It introduces 
a clear hierarchical structure, upgrades plantilla positions, and ensures sufficient legal and 
administrative support to enhance the quality and timeliness of legal opinions and services 
rendered by the office. It also institutionalizes measures for continuing professional development 
among its lawyers, ensuring that the office remains equipped to address evolving jurisprudential 
and legal policy challenges. 
In an era marked by rapid legal developments, increasing contractual engagements of the 
State, and growing demand for sound legal guidance in governance, it is imperative that we 
July 28, 2025
8:15 am
2342


strengthen the institutional capacity of the legal backbone of the DOJ. By providing adequate 
resources, improving compensation, and ensuring a well-structured and professional environment, 
we safeguard the integrity and effectiveness of legal service delivery across the executive branch. 
This measure was originally and commendably filed in the 19th Congress by Hon. Rufus 
B. Rodriguez, Representative of the 2nd District of Cagayan De Oro. In full recognition of his
efforts to uphold the rule of law and fortify legal institutions, I am reintroducing and supporting
this important legislative proposal in the hope of securing its timely passage.
In view of the foregoing, the passage of this bill is earnestly sought. 
HON. ATTY. GERVILLE “JINKY BITRICS” R. LUISTRO 


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Batasan Hills, Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______ 
Introduced by  
HON. ATTY. GERVILLE “JINKY BITRICS” R. LUISTRO 
AN ACT  
STRENGTHENING THE LEGAL STAFF OF THE DEPARTMENT OF JUSTICE, 
RENAMING IT AS THE OFFICE OF THE CHIEF STATE COUNSEL, REDEFINING, 
EXPANDING, RATIONALIZING, AND FURTHER PROFESSIONALIZING ITS 
ORGANIZATION, AND APPROPRIATING FUNDS THEREFOR  
Be it enacted by the Senate and House of Representatives of the Republic of the Philippines 
in Congress assembled: 
SECTION 1. Short Title. – This Act shall be known as the “Office of the Chief State 
Counsel Act.” 
SECTION 2. Office of the Chief State Counsel. – The Legal Staff in the Office of the 
Secretary of Justice created under Republic Act No. 2705, as amended by Republic Act No. 4152, 
is hereby renamed as the “Office of the Chief State Counsel.” The Office of the Chief State Counsel 
shall be under the control and supervision of the Secretary of Justice. 
SECTION 3. State Counsel, Defined. - Unless otherwise specified, the term "State 
Counsel" as used in this Act refers to the Chief State Counsel, Deputy Chief State Counsel, Senior 
State Counsel, and State Counsels I to IV. 
SECTION 4. Powers and Functions. – The Office of the Chief State Counsel shall assist 
the Secretary of Justice in the exercise of the Secretary’s functions as Attorney General of the 
Philippines and as ex officio legal adviser of government-owned or controlled corporations or 
2342


enterprises and their subsidiaries. The Office of the Chief State Counsel shall have the following 
powers and functions: 
(a) Recommend to the Secretary of Justice legal opinion or advice on questions of law 
arising from the performance of powers and duties, and upon request of heads of national 
government functionaries and act on other queries; 
(b) Study and recommend to the Secretary of Justice the following: 
(1) Comments and position papers on proposed legislation, whenever there are 
legal issues involved; and 
(2) Opinions or comments on the legality and validity of foreign loan and guarantee 
agreements and, in certain cases, agreements related to domestic borrowings; 
(c) Lead negotiations of treaties, conventions, or agreements involving international legal 
cooperation, including extradition, mutual legal assistance in criminal matters, and transfer 
of sentenced persons: Provided, That the negotiations of all treaties and executive 
agreements, or any amendment thereto, shall be coordinated with, and made only with the 
participation of, the Department of Foreign Affairs; 
(d) Serve as legal adviser to other government agencies in the negotiations and 
implementation of international agreements, and, whenever so requested, lead in the 
negotiations involving legal and institutional issues; 
(e) Represent the Secretary of Justice or Department of Justice (DOJ) as the designated 
Central Authority in treaties, conventions, and other international agreements; 
(f) Act on requests for mutual legal assistance in criminal matters, extradition, transfer of 
sentenced persons, and other forms of international legal cooperation; 
(g) Represent and serve as counsel of the requesting state in all stages of cases relating to 
extradition and mutual legal assistance in criminal matters; 
(h) Serve on standing councils, committees, working groups, and task forces, as required; 
(i) Review Orders issued by the Bureau of Immigration, including recognition of Filipino 
citizens or cancellation of alien certificate of registration, and deportation cases; 
(j) Adjudicate disputes, claims, and controversies between or among government offices, 
agencies, and instrumentalities, including government-owned and controlled corporations, 
when only questions of law are raised; 
(k) Review the legality and validity of tax ordinances and revenue measures; 


(l) Act on applications for the following: 
(1) Special non-immigrant visas under Sec. 47(a)(2) of Commonwealth Act No. 
613, otherwise known as the Philippine Immigration Act of 1940, as amended; 
(2) Special authority to employ foreign nationals under Commonwealth Act No. 
108, otherwise known as the Anti-Dummy Law, as amended; 
(3) Recognition of refugee and statelessness status; and 
(4) Validation of land titles filed pursuant to Presidential Decree (P.D.) No. 1271 
entitled “An Act Nullifying the Decrees of Registration and Certificates of Title 
Covering Lands Within the Baguio Townsite Reservation”; 
(m) Supervise the Department Law Library and its personnel; and 
(n) Exercise such other powers and functions as may be provided by law or as may be 
delegated by the Secretary of Justice. 
 
SECTION 5. Expansion. The staff complement of the Office of the Chief State Counsel 
shall be increased and their positions upgraded, with a corresponding increase in the number of 
general and administrative support personnel and corresponding provision for ample office space.  
 
There shall be at least seven (7) divisions in the Office of the Chief State Counsel.  Each 
division shall be headed by a Deputy Chief State Counsel and shall consist of at least ten (10) State 
Counsels and such personnel as may be necessary for the Office to effectively carry out its 
functions. The Secretary of Justice may create additional divisions upon the recommendation of 
the Chief State Counsel: Provided, That the exigency of service requires the creation of such 
additional divisions. 
 
The designation, ranks, and salary grades of State Counsels are hereby amended as follows: 
  
OLD POSITION 
NEW POSITION 
  
POSITION/ 
DESIGNATION 
  
SALAR
Y 
GRADE 
  
POSITION/ 
DESIGNATION 
SALARY 
GRADE 
Chief State Counsel 
SG 30 
Chief State Counsel 
SG 30 - 


Step 8 
Assistant Chief State Counsel 
SG 29 
Deputy Chief 
State Counsel 
SG 30 
State Counsel V 
SG 28 
Senior 
State Counsel 
SG 29 
State Counsel IV 
SG 27 
State Counsel IV 
SG 28 
State Counsel III 
SG 26 
State Counsel III 
SG 27 
State Counsel II 
SG 25 
State Counsel II 
SG 26 
State Counsel I 
SG 24 
State Counsel I 
SG 25 
The Chief State Counsel and the Deputy Chief State Counsels shall be appointed by the 
President of the Philippines. All other State Counsels and administrative personnel shall be 
appointed by the Secretary of Justice upon recommendation by the Promotion and Selection Board. 
The Chief State Counsel and the Deputy Chief State Counsels shall act as a Promotion and 
Selection Board to screen applicants for appointment and promotion to any State Counsel position 
and administrative personnel in the Office of the Chief State Counsel. The Chief State Counsel 
shall be the chairperson of the Board. 
The State Counsels occupying the positions affected by the changes in this Act at the time 
of its approval shall thereafter occupy and discharge the duties and functions of the upgraded 
positions and receive the corresponding salary, benefits, and privileges, without necessity of new 
appointment. 
 
There shall be positions created for administrative personnel equivalent to at least one (1) 
support staff for every two (2) State Counsels. 
 
SECTION 6. Qualifications of the State Counsels. - The Chief State Counsel and Deputy 
Chief State Counsels must be citizens of the Philippines and have been engaged in the practice of 
law in the Philippines for at least fifteen (15) years prior to their appointment.  
Senior State Counsels must be members of the Philippine Bar for at least ten (10) years 
prior to their appointment.  


State Counsels IV must be members of the Philippine Bar for at least five (5) years prior 
to their appointment.  
State Counsels III must be members of the Philippine Bar for at least four (4) years prior 
to their appointment. 
State Counsels II must be members of the Philippine Bar for at least three (3) years prior 
to their appointment. 
State Counsels I must be members of the Philippine Bar for at least one (1) year prior to 
their appointment. 
 
SECTION 7. Compensation and Benefits. – The salaries and allowances of State 
Counsels shall correspond to their position, rank, and salary grade pursuant to Section 5 hereof. 
The Chief State Counsel and the Deputy Chief State Counsels shall enjoy the same retirement, 
death, survivorship, and other benefits as those of a Presiding Justice and Associate Justice of the 
Court of Appeals, respectively. Senior State Counsels shall enjoy the same retirement, death, 
survivorship, and other benefits as those of judges of the Regional Trial Courts. All other State 
Counsels shall enjoy the same retirement, death, survivorship, and other benefits as those of judges 
of the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and 
Municipal Circuit Trial Courts.  
 
SECTION 8. Retirement Benefits. – When a State Counsel, who has rendered at least 
fifteen (15) years of service either in the Office of the Chief State Counsel or in any branch of 
government, or in both, retires for having attained the age of sixty-five (65) years or resigns by 
reason of incapacity to discharge the duties of the office, the retiree shall, for the remainder of the 
retiree’s natural life, and in the manner hereinafter provided, receive a retirement pension based 
on the highest monthly salary, plus the highest monthly aggregate of transportation, living and 
representation allowances, being received at the time of retirement or resignation. 
 
When a State Counsel 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 
continuously rendered in the Office of the Chief State Counsel, such State Counsel shall be entitled 
to retire and receive for the remainder of the State Counsel’s natural life the same benefits provided 
for in the immediately preceding paragraph: Provided, 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 
in Government 
___________          x 
Basic 
Pay 
Plus 
the 
Highest 
Monthly 
Aggregate 
of 
Transportation, 
Living 
and 
Representation Allowances 
  
15 years 


Upon retirement, a State Counsel 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 aggregate 
transportation, living and representative allowances being received on the date of retirement, and 
thereafter, upon survival after the expiration of five (5) years, to further annuity payable monthly 
for the remainer of the retiree’s natural life pursuant to the first and second paragraphs of this 
Section. 
 
SECTION 9. Collateral Increase. - All pension benefits of retired State Counsels shall be 
automatically increased whenever there is an increase in the salary and allowance for the same 
position from which they retired. 
 
SECTION 10. Survivorship Benefits. – In case a State Counsel covered by this Act dies 
after retirement, the surviving legitimate spouse and dependents of said State Counsel shall be 
entitled to receive all the retirement benefits that the deceased was receiving or entitled to receive 
at the time of death. 
A "dependent" means a legitimate, illegitimate, or legally-adopted child who is chiefly 
dependent on the said deceased State Counsel 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 any mental or physical disability or condition. 
The surviving legitimate spouse shall continue to receive retirement benefits during his or 
her lifetime or until such surviving spouse remarries: Provided, That the surviving legitimate 
spouse receiving benefits under existing retirement laws shall only be entitled to the difference 
between the amount provided for in this Act and other benefits such surviving spouse is receiving: 
Provided, further, That said benefits shall be granted to the surviving legitimate spouse or 
dependent of State Counsels who 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 State Counsel and/or savings of the DOJ. Thereafter, such 
sums as may be necessary for the continued implementation of this Section shall be included in 
the Annual General Appropriations Act. 
 
SECTION 11. Death Benefits. – In case a State Counsel dies while in service, regardless 
of age and length of service, the heirs shall receive a lump sum of five (5) years’ gratuity computed 
on the basis of the highest monthly salary plus the highest aggregate of transportation, living and 
representation allowances being received by the State Counsel at the time of death: Provided, 
however, That where said State Counsel has rendered at least fifteen (15) years of government 
service, either in the Office of the Chief State Counsel or in any branch of government, 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 a State Counsel who was killed by reason of his or her 


duties as such: Provided finally, that the State Counsel has served in the Office of the Chief State 
Counsel for at least five (5) years regardless of age at the time of death. 
 
SECTION 12. Prohibitions. – To maintain entitlement to the retirement benefits under 
this Act, a retired State Counsel receiving such benefits under this Act shall not 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 wherein 
an officer or employee of the Government is accused of an offense committed in relation to the 
office, or collect any fee for the appearance in any administrative proceeding, or maintain an 
interest adverse to the government, whether national, provincial, or municipal or to any of its 
legally constituted offices. A retired State Counsel who assumes an elective public office shall not 
receive retirement benefits upon assumption and during the term of elective office. 
 
SECTION 13. Other Benefits and Privileges. – The State Counsels and all employees 
under the Office of the Chief State Counsel shall be entitled to the following benefits: 
(a) Health care services through a health maintenance organization (HMO). Expenses 
for the mandatory annual executive check-up of the Chief State Counsel, Deputy 
Chief State Counsels and Senior State Counsels, shall be for the account of the 
DOJ; 
(b) Accident insurance policies procured by the DOJ, at its own expense, during travels 
while in the performance of their official duties and functions; and 
(c) Scholarships to deserving employees, on official time and at the expense of the 
DOJ, to enhance their academic growth and upgrade their knowledge and skills. 
 
SECTION 14. Applicability. – All benefits heretofore extended under Republic Act No. 
910, as amended, and all other benefits that may be extended by way of amendment thereto shall 
likewise be given to the State Counsels covered by this Act. 
 
SECTION 15. Authority to Collect Fees. – The Office of the Chief State Counsel is hereby 
authorized to assess, revise and collect fees for various services rendered in accordance with 
Section 54, Chapter 12, Book IV of Executive Order No. 292, otherwise known as the 
Administrative Code of 1987, and other laws. These collections shall be deposited in a Trust Fund 
which shall be administered by the Secretary of Justice to augment the Department’s funds 
covering the privileges and benefits under Sections 13 and 16 of this Act. 
 
SECTION 16. Seminar and Other Related Fees. – Fees for relevant seminars, as well as 
professional membership fees for lawyers, registration fees and related miscellaneous expenses 
incurred in completing the mandatory continuing legal education (MCLE) shall be charged against 
the Trust Fund. 
 


SECTION 17. Franking Privilege. – The Office of the Chief State Counsel may transmit 
through ordinary mail or registered mail with return card, free of charge, all official 
communications and papers directly connected with the conduct of its duties and functions.  
 
SECTION 18. Appropriations. –There is hereby appropriated initially the sum of Two 
Hundred Million Pesos (₱200,000,000.00) from the funds of the National Treasury not otherwise 
appropriated for the initial implementation of this Act. Thereafter, the amount needed for the 
implementation of this Act shall be appropriated in the budget of the Department of Justice under 
the Annual General Appropriations Act and from the collected fees pursuant to Section 15 hereof. 
 
SECTION 19. Separability Clause. – If any provision of this Act is declared 
unconstitutional or invalid, the provisions not affected thereby shall continue to be in full force 
and effect. 
 
SECTION 20. Repealing Clause. – All laws, decrees, executive orders, letters of 
instructions, and regulations, or any part thereof which are inconsistent with any provision of this 
Act are hereby repealed or modified accordingly. 
 
SECTION 21. Effectivity. – This Act shall take effect fifteen (15) days after its publication 
in the Official Gazette or in a newspaper of general circulation. 
 
 Approved,