EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
-lOKirrof; 
.m, ;-
S E N A T E
S. B. No. 825
'19 
JUL30 A9:l6
RcC *
Introduced by Senator SONNY ANGARA
AN ACT
TO FURTHER STRENGTHEN THE OFFICE OF THE SOLICITOR GENERAL, 
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9417 AND EXECUTIVE 
ORDER NO. 292, AND APPROPRIATING FUNDS THEREFOR
EXPLANATORY NOTE
The Office of the Solicitor General (OSG) is the law firm of the Republic of the 
Philippines and the Solicitor General is essentially the nation's chief attorney. It is 
tasked to represent the People of the Philippines, the Philippine Government, its 
Agencies and Instrumentalities, Officials and Agents in any litigation or matter 
requiring the services of a lawyer. The OSG was part of the official delegation of the 
Philippines to the Permanent Court of Arbitration in The Hague, Netherlands, in the 
historic case involving maritime disputes over the West Philippine Sea with China.
Given these daunting tasks, it is imperative that OSG be able to continue to 
attract the best to serve the country. For those practitioners of the law who come in 
professional adversary contact with government lawyers, the importance of 
recruitment and retention of able lawyers in the government service should be clear. 
One can better represent the legitimate interest of his or her client when opposing 
counsel is a well-trained man or woman of ability who has confidence in himself or 
herself. The sensible delineation of real issues in dispute and getting on with the 
matter depend on the intelligence and imagination of both disputants.
This is not to say that the Government is not now represented by some of the 
best lawyers in the country or that the great majority of government lawyers are not 
able and dedicated servants of the public interest. But the question also arises, how 
long will these men and women remain where they are today? The likelihood is that 
many will receive attractive offers outside the Government, and some will accept 
them. There is no doubt that higher incomes elsewhere draw off able and


experienced men from the government service. Where litigation continues over a 
period of many years, this process deprives the Government of the perspective and 
experience which counsel for the private parties often develop by their continued 
representation of one party to the dispute.
This bill primarily aims to grant State Solicitors and OSG personnel expanded 
and additional benefits in order to address the issue of recruitment and retention in 
the public service of an adequate proportion of the best in the legal profession.
Briefly, the bill seeks to amend the OSG law in the following manner:
1. Clarify the retirement benefits of State Solicitors and place them similarly with 
their counterparts in the National Prosecution Service (NPS) and Public 
Attorney's Office (PAO);
2. Provide for survivorship benefits in case of death of State Solicitors;
3. Provide State Solicitors with allowances and benefits granted to judges;
4. Grant OSG personnel other perquisites and benefits as may be determined by 
the Solicitor General; and
5. Funding for the benefits stated shall be sourced from the monetary awards or 
assets granted by the courts and assets awarded to the Government in 
forfeiture proceedings;
In view of the foregoing, passage of this bill is earnestly sought.
GARA


EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
i- /  • 
• ■ 
I
/
S E N A T E  
S. B. No. o S o
R-X-:
Introduced by Senator SONNY ANGARA
'19 J'JL 30 A 9 :16
\
AN ACT
TO FURTHER STRENGTHEN THE OFFICE OF THE SOLICITOR GENERAL, 
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9417 AND EXECUTIVE 
ORDER NO. 292, AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and the House o f Representatives o f the Philippines in 
Congress assembled:
1 
Section 1. Section 35, Book IV, Title III, Chapter 12 of Executive Order 292, is
2 
hereby amended to read as follows:
3 
"Sec. 35. Powers and Functions. -  The Office of the Solicitor
4 
General shall represent the Government of the Philippines, its
5 
agencies and instrumentalities, and its officials and agents in any
6 
litigation, proceeding, investigation, or matter requiring the
7 
services of a lawyer. When authorized by the President or head of
8 
the office concerned, it shall also represent government owned or
9 
controlled corporations. The Office of the Solicitor General shall
10 
constitute the law office of the Government and, as such, shall
11 
discharge duties requiring the services of a lawyer. It shall have
12 
the following specific powers and functions:
13 
(1) Represent the Government in the Supreme Court and the
14 
Court of Appeals in all criminal proceedings; represent the
15 
Government and its officers in the Supreme Court, the Court
16 
of Appeals, and all other courts or tribunals in all civil actions


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and special proceedings in which the Government or any 
officer thereof in his official capacity is a party.
(2) Investigate, initiate court action, or in any manner 
proceed against any person, corporation, or firm for the 
enforcement of any contract, bond, guanrantee, mortgage, 
pledge, 
or other collateral 
executed 
in 
favor of the 
Government. Where the proceedings are to be conducted 
outside of the Philippines, the Solicitor General may employ 
counsel to assist in the discharge of the aforementioned 
responsibilities.
(3) Appear in any court in any action involvingthe validity of 
any treaty, law, executive order or proclamation, rule or 
regulation 
when 
in 
his judgement his 
intervention 
is 
necessary or when requested by the Court.
(4) Appear in all proceedings involving the acquisition or loss 
of Philippine citizenship.
(5) Represent the Government in all land registration and 
related proceedings. Institute actions for the reversion to the 
Government of lands of the public domain and improvements 
thereon as well as lands held in violation of the Constitution.
(6) Prepare, upon request of the President or other proper 
officer of the National Government, rules and guidelines for 
government entities governing the prepapration of contracts, 
making of investments, undertaking of transactions, and 
drafting of forms or other writings needed for official use, for 
the purpose of facilitating their enforcement and ensuring 
that they are entered into or prepared conformably with law 
and for the best interests of the public.
(7) Deputize, whenever in the opinion of the Solicitor General 
the public interest requires, any provincial or city fiscal to 
assist him in the performance of any function or discharge of 
any duty incumbent upon him, within the jurisdiction of the


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aforesaid provincial or city fiscal. When so deputized, the 
fiscal shall be under the control and supervision of the 
Solicitor General 
with 
regard 
to 
the 
conduct of the 
proceedings assigned to the fiscal, and he may be required to 
render 
reports 
or 
furnish 
information 
regarding 
the 
assignment.
(8) Deputize legal officers of government departments, 
bureaus, agencies, and offices to assist the Solicitor General 
and appear or represent the Government in all cases 
involving their respective offices, brought before the courts, 
and exercise supervision and control over such legal officers 
with respect to such cases.
(9) Call on any department, bureau, office, agency, or 
instrumentality 
of the 
Government, 
for 
such 
service, 
assistance and cooperation as may be necessary in fulfilling 
its functions and responsibilities and for this purpose enlist 
the services of any government official or employee in the 
pursuit of its tasks.
Departments, 
bureaus, 
agencies, 
offices, 
instrumentalities and corporations to whom the Office of the 
Solicitor General renders legal services are authorized to 
disburse funds from their sundry operating and other funds 
for the latter Office. For this purpose, the Solicitor General 
and his staff are specifically authorized to receive allowances 
as 
may 
be 
provided 
by 
the 
Government 
offices, 
instrumentalities and corporations concerned, in addition to 
their regular compensation.
(10) Represent, 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.


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(11) Act and represent the Republic and/or the People before 
any court, tribunal, body, or commission in any matter, action, 
or proceeding which, in his opinion, affects the welfare of the 
people as the ends of justice may require.
(12) 
CONCILIATE, 
MEDIATE, 
ADMINISTRATIVELY 
SETTLE, OR ADJUDICATE ALL DISPUTES, CLAIMS, 
AND 
CONTROVERSIES 
INVOLVING 
MIXED 
QUESTIONS OF FACT AND LAW, OR QUESTIONS OF 
FACT ONLY, SOLELY BETWEEN OR AMONG THE 
DEPARTMENTS, BUREAUS, OFFICES, AGENCIES, AND 
INSTRUMENTALITIES 
OF 
THE 
NATIONAL 
GOVERNMENT, 
INCLUDING 
CONSTITUTIONAL 
OFFICES OR AGENCIES;
(13) RENDER OPINION AND ADVICE ON MATTERS 
REFERRED 
BY 
THE 
DEPARTMENTS, 
BUREAUS, 
OFFICES, AGENCIES, AND INSTRUMENTALITIES OF 
THE NATIONAL GOVERNMENT BEING REPRESENTED 
BY THE OSG;
(14) SUBJECT TO THE APPROVAL OF THE PRESIDENT, 
ENGAGE THE SERVICES OF COUNSEL TO ASSIST IN 
THE 
DISCHARGE 
OF 
HIS 
DUTIES 
AND 
RESPONSIBILITIES IN CASES REQUIRING HIGHLY 
SPECIALIZED 
LEGAL 
SKILLS, 
KNOWLEDGE 
OR 
EXPERTISE, INCLUDING, 
BUT NOT LIMITED TO, 
FOREIGN ARBITRATIONS AND LITIGATIONS. THE 
ENGAGEMENT 
OF 
SUCH 
COUNSEL 
IN 
FOREIGN 
ARBITRATIONS AND LITIGATIONS SHALL BE EXEMPT 
FROM THE COVERAGE OF REPUBLIC ACT NO. 9184;
(15) ENTER INTO ANY CONTRACT OR TRANSACTION 
FOR THE ACQUISITION, OWNERSHIP, POSSESSION, 
ADMINISTRATION, 
LEASE, 
DISPOSITION, 
OR


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ACCEPTANCE OF REAL OR PERSONAL PROPERTY, OR 
ANY INTEREST THEREIN, IN ITS NAME;
(16) PROVIDE A LEGAL INTERNSHIP PROGRAM FOR 
LAW STUDENTS; AND
(17) Perform such other functions as may be provided by 
law."
Sec. 2. Section 3 of Republic Act No. 9417 is hereby amended to read, as
follows;
"Sec. 3. Standards, QUALIFICATIONS, SALARIES AND 
BENEFITS. -  The Solicitor General shall have [ o cabinet 
reek] THE RANK OF A CABINET SECRETARY and the 
same qualifications for appointment, rank, CATEGORY, 
prerogatives, SALARY GRADE AND salaries, allowances, 
EMOLUMENTS, [ benefits and] AND OTHER privileges, [as 
the Presiding Justice of the- Court of Appeals], AND SHALL 
BE 
SUBJECT TO 
THE 
SAME 
INHIBITIONS 
AND 
DISQUALIFICATIONS, AS THOSE OF AN ASSOCIATE 
JUSTICE OF THE SUPREME COURT [ on Assistant Selieitef 
Generol, -those of--on Associate Justiee of the Court ef 
Appeatsr];
AN ASSISTANT SOLICITOR GENERAL SHALL BE 
APPOINTED BY THE PRESIDENT, AND SHALL HAVE 
THE SAME QUALIFICATIONS FOR APPOINTMENT, 
RANK, CATEGORY, PREROGATIVES, SALARY GRADE 
AND 
SALARIES, 
ALLOWANCES, 
EMOLUMENTS, 
PRIVILEGES, AND SHALL BE SUBJECT TO THE SAME 
INHIBITIONS AND DISQUALIFICATIONS, AS THOSE 
OF AN ASSOCIATE JUSTICE OF THE COURT OF 
APPEALS.
A 
SENIOR 
STATE 
SOLICITOR 
SHALL 
BE 
APPOINTED BY THE PRESIDENT, AND SHALL HAVE 
THE 
SAME 
RANK, 
CATEGORY, 
PREROGATIVES,


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SALARIES, 
ALLOWANCES, 
EMOLUMENTS,
PRIVILEGES, RETIREMENT AND ALL OTHER BENEFITS 
OF A REGIONAL TRIAL COURT JUDGE, AND SHALL 
HAVE THE FOLLOWING QUALIFICATIONS:
(1) 
A CITIZEN OF THE PHILIPPINES;
(2) 
AT LEAST THIRTY-FIVE (35) YEARS OF 
AGE;
(3) 
FOR AT LEAST TEN (10) YEARS, HAS BEEN 
ENGAGED IN THE PRACTICE OF LAW IN THE 
PHILIPPINES 
OR 
HAS 
HELD 
A 
PUBLIC 
OFFICE IN THE PHILIPPINES REQUIRING 
ADMISSION TO THE PRACTICE OF LAW AS 
AN INDISPENSABLE REQUISITE; AND,
(4) 
PROVEN 
COMPETENCE, 
INTEGRITY, 
PROBITY, AND INDEPENDENCE.
A STATE SOLICITOR I I  SHALL BE APPOINTED 
BY THE PRESIDENT, AND SHALL HAVE THE SAME 
RANK, 
CATEGORY, 
PREROGATIVES, 
SALARIES, 
ALLOWANCES, 
EMOLUMENTS, 
PRIVILEGES, 
RETIREMENT AND ALL OTHER BENEFITS OF JUDGE OF 
A METROPOLITAN TRIAL COURT, AND SHALL HAVE 
THE FOLLOWING QUALIFICATIONS:
(1) 
A CITIZEN OF THE PHILIPPINES;
(2) 
AT LEAST THIRTY (30) YEARS OF AGE;
(3) 
FOR AT LEAST FIVE (5) YEARS, HAS BEEN 
ENGAGED IN THE PRACTICE OF LAW IN THE 
PHILIPPINES 
OR 
HAS 
HELD 
A 
PUBLIC 
OFFICE IN THE PHILIPPINES REQUIRING 
ADMISSION TO THE PRACTICE OF LAW AS 
AN INDISPENSABLE REQUISITE; AND,
(4) 
PROVEN 
COMPETENCE, 
INTEGRITY, 
PROBITY, AND INDEPENDENCE.


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A STATE SOLICITOR I SHALL BE APPOINTED BY 
THE PRESIDENT, AND SHALL HAVE THE SAME RANK, 
CATEGORY, 
PREROGATIVES, 
SALARIES,
ALLOWANCES, 
EMOLUMENTS, 
PRIVILEGES, 
RETIREMENT AND ALL OTHER BENEFITS OF JUDGE OF 
A MUNICIPAL TRIAL COURT IN CITIES, AND SHALL 
HAVE THE FOLLOWING QUALIFICATIONS:
(1) 
A CITIZEN OF THE PHILIPPINES;
(2) 
AT LEAST THIRTY (30) YEARS OF AGE;
(3) 
FOR AT LEAST FIVE (5) YEARS, HAS BEEN 
ENGAGED IN THE PRACTICE OF LAW IN THE 
PHILIPPINES 
OR 
HAS 
HELD 
A 
PUBLIC 
OFFICE IN THE PHILIPPINES REQUIRING 
ADMISSION TO THE PRACTICE OF LAW AS 
AN INDISPENSABLE REQUISITE; AND,
(4) 
PROVEN 
COMPETENCE, 
INTEGRITY, 
PROBITY, AND INDEPENDENCE.
AN 
ASSOCIATE 
SOLICITOR 
I I I  
SHALL 
BE 
APPOINTED BY THE SOLICITOR GENERAL AND SHALL 
HAVE THE FOLLOWING QUALIFICATIONS:
(1) 
A CITIZEN OF THE PHILIPPINES;
(2) 
A MEMBER OF THE PHILIPPINE BAR;
(3) 
FOR AT LEAST THREE (3) YEARS, HAS 
BEEN ENGAGED IN THE PRACTICE OF LAW 
IN THE PHILIPPINES; AND,
(4) 
WITH SIXTEEN (16) HOURS OF RELEVANT 
TRAINING.
AN 
ASSOCIATE 
SOLICITOR 
I I  
SHALL 
BE 
APPOINTED BY THE SOLICITOR GENERAL AND SHALL 
HAVE THE FOLLOWING QUALIFICATIONS:
(1) 
A CITIZEN OF THE PHILIPPINES;
(2) 
A MEMBER OF THE PHILIPPINE BAR;
7


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(3) 
FOR AT LEAST ONE (1) YEAR, HAS BEEN 
ENGAGED IN THE PRACTICE OF LAW IN THE 
PHILIPPINES; AND,
(4) 
WITH FOUR (4) HOURS OF RELEVANT 
TRAINING.
AN 
ASSOCIATE 
SOLICITOR 
I 
SHALL 
BE 
APPOINTED BY THE SOLICITOR GENERAL AND SHALL 
HAVE THE FOLLOWING QUALIFICATIONS:
(1) 
A CITIZEN OF THE PHILIPPINES;
(2) 
A MEMBER OF THE PHILIPPINE BAR; AND
(3) 
SUCH 
OTHER 
QUALIFICATIONS, 
PREROGATIVES AND RESPONSIBILITIES AS 
MAY BE REQUIRED OR DETERMINED BY THE 
SOLICITOR GENERAL.
Sec. 3. 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 
services 
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 insurance policies 
procured by the office at its own expense during travels while 
they are in the performance of their official duties and functions;
(3) Without prejudice to the efficiency of 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
8


1 
provision 
shall 
be 
selected 
on 
the basis 
of competitive
2 
examinations; [an^]
3 
(4) A provident fund which shall consist of contributions made by
4 
both the OSG and by its lawyers and employees to a common
5 
fund for the payment of benefits to such lawyers or employees or
6 
their heirs; AND
7 
(5) IN ACCORDANCE WITH LAW AND THE GUIDELINES
8 
SET 
BY 
THE 
DEPARTMENT 
OF 
BUDGET 
AND
9 
MANAGEMENT AND THE COMMISSION ON AUDIT, AND
10 
AS APPROVED BY THE PRESIDENT, OTHER BENEFITS AS
11 
ENJOYED BY OTHER GOVERNMENT OFFICES, OR AS MAY
12 
BE DETERMINED BY THE SOLICITOR GENERAL IN THE
13 
EXIGENCIES OF THE SERVICE."
14 
Sec. 4. A new section is hereby inserted after Section 4 of Republic Act No.
15 
9417 to be known as Section 4-A, which shall read as follows:
16 
"SEC. 4-A. RETIREMENT BENEFITS. -  WHEN A SOLICITOR
17 
GENERAL, ASSISTANT SOLICITOR GENERAL, SENIOR
18 
STATE SOLICITOR, STATE SOLICITOR I I  OR A STATE
19 
SOLICITOR I WHO HAS RENDERED AT LEAST FIFTEEN
20 
(15) 
YEAR 
OF 
SERVICE 
IN 
THE 
OFFICE 
OF THE
21 
SOLICITOR GENERAL OR IN ANY OTHER BRANCH OF THE
22 
GOVERNMENT, OR IN BOTH, (A) RETIRES FOR HAVING
23 
ATTAINED THE AGE OF SIXTY-FIVE (65) YEARS, OR (B)
24 
RESIGNS BY REASON OF HIS OR HER INCAPACITY TO
25 
DISCHARGE THE DUTIES OF HIS OR HER OFFICE AS
26 
CERTIFIED BY THE SOLICITOR GENERAL, HE OR SHE
27 
SHALL RECEIVE, DURING THE RESIDUE OF HIS OR HER
28 
NATURAL 
LIFE, 
IN 
THE 
MANNER 
HEREINAFTER
29 
PROVIDED, A RETIREMENT PENSION BASED ON THE
30 
HIGHEST 
MONTHLY 
SALARY, 
PLUS 
THE 
HIGHEST
31 
MONTHLY AGGREGATE OF TRANSPORTATION, LIVING
32 
AND REPRESENTATION ALLOWANCES, WHICH HE OR SHE


1 
WAS 
RECEIVING 
AT THE 
TIME 
OF 
HIS 
OR 
HER
2 
RETIREMENT OR RESIGNATION.
3 
WHEN 
A 
SOLICITOR 
GENERAL, 
ASSISTANT
4 
SOLICITOR GENERAL, SENIOR STATE SOLICITOR, STATE
5 
SOLICITOR I I  OR A STATE SOLICITOR I HAS ATTAINED
6 
THE AGE OF SIXTY (60) YEARS AND HAS RENDERED AT
7 
LEAST 
FIFTEEN 
(15) 
YEARS 
OF 
SERVICE 
IN
8 
GOVERNMENT, THE LAST FIVE (5) YEARS OF WHICH
9 
MUST HAVE BEEN RENDERED IN THE OFFICE OF THE
10 
SOLICITOR GENERAL, HE OR SHE SHALL LIKEWISE BE
11 
ENTITLED TO 
RETIRE 
AND 
RECEIVE 
DURING 
THE
12 
RESIDUE OF HIS OR HER NATURAL LIFE THE SAME
13 
BENEFITS PROVIDED FOR IN THIS SECTION: PROVIDED,
14 
HOWEVER, THAT THOSE WITH LESS THAN FIFTEEN (15)
15 
YEARS OF SERVICE IN THE GOVERNMENT SHALL BE
16 
ENTITLED TO A PRO-RATA PENSION COMPUTED AS
17 
FOLLOWS:
18 
No. of years in government 
Basic Pay plus the Highest Monthly
19 
15 years 
x Aggregate of Transportation, Living
20 
and Representation Allowance
21 
AN ASSISTANT SOLICITOR GENERAL, SENIOR STATE
22 
SOLICITOR, STATE SOLICITOR II, AND STATE SOLICITOR
23 
I MAY OPT TO SERVE UP TO THE AGE OF SEVENTY (70)
24 
YEARS."
25 
Sec. 5. A new section is hereby inserted after Section 4 of Republic Act No.
26 
9417 to be known as Section 4-B, which shall read as follows:
27 
"SEC. 4-B. 
CONDITIONS. 
-  WHILE 
RECEIVING THE
28 
PENSION AND BENEFITS GRANTED HEREIN, NO RETIRED
29 
OR RESIGNED OFFICIAL OR EMPLOYEE COVERED IN THE
30 
IMMEDIATELY PRECEDING SECTION SHALL APPEAR AS
31 
COUNSEL BEFORE ANY JUDICIAL OR QUASI-JUDICIAL
32 
AGENCY 
IN 
ANY 
CIVIL 
CASE 
WHEREIN 
THE
10


1 
GOVERNMENT OR ANY AGENCY, 
SUBDIVISION, 
OR
2 
INSTRUMENTALITY THEREOF IS AN ADVERSE PARTY, OR
3 
IN ANY CRIMINAL CASE WHEREIN ANY OFFICER OR
4 
EMPLOYEE OF THE GOVERNMENT IS ACCUSED OF AN
5 
OFFENSE COMMITTED IN RELATION TO THEIR OFFICE,
6 
OR 
COLLECT ANY 
FEE 
FOR APPEARANCE 
IN 
ANY
7 
ADMINISTRATIVE 
PROCEEDINGS 
TO 
MAINTAIN 
AN
8 
INTEREST ADVERSE TO THE GOVERNMENT, WHETHER
9 
NATIONAL, PROVINCIAL, OR MUNICIPAL OR TO ANY OF
10 
ITS LEGALLY CONSTITUTED OFFICERS.
11 
WHEN 
A 
SOLICITOR 
GENERAL, 
ASSISTANT
12 
SOLICITORS 
GENERAL, 
STATE 
SOLICITORS 
AND
13 
ASSOCIATE SOLICITORS COVERED BY AND RECEIVING
14 
ANY BENEFIT UNDER THIS ACT, SHALL ASSUME AN
15 
ELECTIVE POSITION IN GOVERNMENT, HE OR SHE SHALL
16 
NOT, UPON ASSUMPTION OF OFFICE AND DURING HIS
17 
OR HER TENURE AS AN ELECTIVE OFFICIAL, RECEIVE THE
18 
MONTHLY PENSION OR ANY OF THE ALLOWANCES DUE
19 
HIM OR HER."
20 
Sec. 6. A new section is hereby inserted after Section 4 of Republic Act No.
21 
9417 to be known as Section 4-C, which shall read as follows:
22 
"SEC. 4-C. DEATH BENEFITS. -  IN CASE A SOLICITOR
23 
GENERAL, ASSISTANT SOLICITOR GENERAL, SENIOR
24 
STATE SOLICITOR, STATE SOLICITOR II, OR STATE
25 
SOLICITOR 
I 
DIES 
WHILE 
IN 
ACTUAL 
SERVICE,
26 
REGARDLESS OF HIS/HER AGE AND LENGTH OF SERVICE
27 
AS REQUIRED IN THE PRECEDING SECTION, HIS/HER
28 
HEIRS SHALL RECEIVE A LUMPSUM OF FIVE (5) YEARS'
29 
GRATUITY COMPUTED ON THE BASIS OF THE HIGHEST
30 
MONTHLY SALARY PLUS THE HIGHEST AGGREGATE OF
31 
TRANSPORTATION, 
LIVING 
AND 
REPRESENTATION
32 
ALLOWANCES RECEIVED BY THE CONCERNED SOLICITOR
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9417
9417
AS SUCH: PROVIDED, HOWEVER, THAT WHERE SAID 
SOLICITOR HAS RENDERED AT LEAST FIFTEEN (15)
YEARS OF GOVERNMENT SERVICE, EITHER IN THE 
OFFICE OF THE SOLICITOR GENERAL OR IN ANY BRANCH 
OF THE GOVERNMENT, OR BOTH, HIS/HER HEIRS SHALL 
INSTEAD BE ENTITLED TO A LUMPSUM OF TEN (10)
YEARS GRATUITY COMPUTED ON THE SAME BASIS AS 
INDICATED IN THIS PROVISION: PROVIDED, FURTHER,
THAT THE LUMPSUM OF TEN (10) YEARS GRATUITY 
SHALL BE RECEIVED BY THE SOLICITOR WHO WAS 
KILLED BY REASON OF HIS/HER DUTIES AS SUCH: 
PROVIDED, 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. 7. A new section is hereby inserted after Section 12 of Republic Act No. 
to be known as Section 12-A, which shall read as follows:
"SEC. 12-A. AUTOMATIC INCREASE. -  ALL PENSION 
BENEFITS OF RETIRED SOLICITOR 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. 8. A new section is hereby inserted after Section 4 of Republic Act No. 
to be known as Section 4-D, which shall read as follows:
"SEC. 4-D. 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, THE SURVIVING LEGITIMATE SPOUSE 
AND DEPENDENT CHILDREN OF SAID SOLICITOR, SHALL
12


1 
BE 
ENTITLED 
TO 
RECEIVE 
ALL 
THE 
RETIREMENT
2 
BENEFITS 
THAT 
THE 
DECEASED 
SOLICITOR 
WAS
3 
RECEIVING OR ENTITLED TO RECEIVE. A "DEPENDENT"
4 
MEANS A LEGITIMATE, ILLEGITIMATE, OR LEGALLY-
5 
ADOPTED CHILD WHO IS CHIEFLY DEPENDENT ON THE
6 
SAID DECEASED SOLICITOR IF SUCH DEPENDENT IS NOT
7 
MORE 
THAN 
TWENTY-ONE 
(21) 
YEARS 
OF 
AGE,
8 
UNMARRIED AND NOT GAINFULLY EMPLOYED, OR IF
9 
SUCH DEPENDENT, REGARDLESS OF AGE, IS INCAPABLE
10 
OF SELF-SUPPORT BECAUSE OF MENTAL OR PHYSICAL
11 
DEFECT. SAID SURVIVING LEGITIMATE SPOUSE SHALL
12 
CONTINUE TO RECEIVE SUCH RETIREMENT BENEFITS
13 
DURING HIS OR HER LIFETIME OR UNTIL HE OR SHE
14 
REMARRIES: 
PROVIDED, THAT IF 
THE 
SURVIVING
15 
SPOUSE IS RECEIVING BENEFITS UNDER EXISTING
16 
RETIREMENT 
LAWS, 
HE 
OR 
SHE 
SHALL ONLY 
BE
17 
ENTITLED TO THE DIFFERENCE BETWEEN THE AMOUNT
18 
PROVIDED FOR IN THIS ACT AND THE BENEFITS THAT HE
19 
OR SHE IS RECEIVING.
20 
THE CONDITIONS PROVIDED UNDER SECTION 6 OF
21 
THIS ACT, SHALL LIKEWISE APPLY TO THE SURVIVING
22 
SPOUSE AND
23 
DEPENDENTS HEREIN."
24 
Sec. 9. A new section is hereby inserted after Section 5 of Republic Act No.
25 
9417 to be known as Section 5-A, which shall read as follows:
26 
"SEC. 5-A. CAPACITY DEVELOPMENT. -  IN ORDER TO
27 
BUILD AND DEVELOP THE CAPABILITY OF THE OSG AS
28 
AN ORGANIZATION TO ACHIEVE DEVELOPMENT GOALS,
29 
AS WELL AS ENHANCE ITS ABILITIES TO ACHIEVE
30 
MEASURABLE 
AND 
SUSTAINABLE 
RESULTS, 
THE
31 
SOLICITOR GENERAL, IN CONSULTATION WITH THE
32 
ASSISTANT SOLICITORS GENERAL, SHALL FORMULATE,
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DEVELOP, AND IMPLEMENT PLANS, ACTIVITIES, AND 
PROGRAMS 
TOWARDS 
THE 
IMPROVEMENT 
OF 
KNOWLEDGE, SKILLS, AND SYSTEMS. TO ACHIEVE THIS 
OBJECTIVE, THE SOLICITOR GENERAL MAY AUTHORIZE 
OSG 
LAWYERS 
TO 
TRAVEL 
ANYWHERE 
IN 
THE 
PHILIPPINES AND ABROAD TO ATTEND SEMINARS, 
FORA, CONFERENCES, OR LECTURES ON DIFFERENT 
AREAS 
OF 
LAW, 
PLEADINGS 
AND 
PRACTICE 
IN 
INTERNATIONAL COURTS AND TRIBUNALS, 
PUBLIC- 
PRIVATE 
PARTNERSHIPS, 
AND 
PUBLIC 
CORPORATE 
GOVERNANCE, 
AMONG 
OTHERS. 
THE 
SOLICITOR 
GENERAL MAY ALSO AUTHORIZE THE ADMINISTRATIVE 
STAFF OF THE OSG TO UNDERGO RELEVANT TRAINING 
TO IMPROVE THEIR SKILLS.
THE OSG EMPLOYEE WHO UNDERGOES CAPACITY 
DEVELOPMENT TRAINING MUST RENDER COMPULSORY 
SERVICE OBLIGATION BASED ON THE TOTAL COST OF 
THE TRAINING, INCLUDING INCIDENTAL COSTS SUCH AS 
AIRFARE, ACCOMMODATION, AND ALLOWANCES, AS 
FOLLOWS:
COSTS TO THE GOVERNMENT 
OVER PHP 500,000.00 
OVER PHP 300, 000.00 BUT NOT 
EXCEEDING PHP 500,000.00 
PHP 150,000 AND BELOW.
FOR FAILURE TO RENDER THE REQUIRED LENGTH OF 
SERVICE 
REFERRED 
TO 
IN 
THE 
IMMEDIATELY 
PRECEDING PARAGRAPH ON ACCOUNT OF VOLUNTARY 
RESIGNATION, 
SEPARATION 
FROM 
THE 
SERVICE 
THROUGH HIS/HER OWN FAULT OR OTHER CAUSES 
WITHIN 
HIS/HER 
CONTROL, 
THE 
TRAINEE 
SHALL 
REFUND IN FULL TO THE GOVERNMENT, WITHIN SIX (6) 
MONTHS FROM SEPARATION FROM THE OSG, SUCH
14
SERVICE OBLIGATION
3 YEARS 
2 YEARS
1 YEAR


1 
AMOUNT AS MAY HAVE BEEN SPENT FOR EXPENSES
2 
INCIDENT TO HIS/HER CAPACITY DEVELOPMENT.
3 
FURTHERMORE, 
EVERY 
TRAINEE 
SHALL, 
AFTER
4 
COMPLETION 
OF 
THE 
CAPACITY 
DEVELOPMENT
5 
TRAINING, SUBMIT TO THE SOLICITOR GENERAL A POST
6 
TRAINING 
REPORT 
STATING 
THEREIN 
HIS/HER
7 
RECOMMENDATION/PROPOSAL RELATIVE TO HIS PLAN
8 
TO APPLY RELEVANT ASPECTS OF THE TRAINING ON THE
9 
JOB, AND OTHER TRAINING MATERIALS, WITHIN SIXTY
10 
(60) DAYS UPON RETURN TO DUTY.
11 
NON-COMPLIANCE 
WITH 
THE 
REPORTORIAL
12 
REQUIREMENTS OF THE TRAINEE SHALL RESULT IN THE
13 
WITHHOLDING OF THE TRAINEE'S SALARY EQUIVALENT
14 
TO 
THE 
COST 
OF 
TRAINING 
OR 
CONFERENCE,
15 
INCLUDING AIRFARE, TRANSPORTATION ALLOWANCE,
16 
AND OTHER EXPENSES BORNE BY THE GOVERNMENT. IT
17 
SHALL ONLY BE LIFTED UPON COMPLETION OF THE
18 
REQUIREMENTS AS 
CERTIFIED 
BY THE 
SOLICITOR
19 
GENERAL."
20 
Sec. 10. Section 6 of Republic Act No. 9417, is hereby amended to
21 
read, as follows:
22 
"Sec. 6. Seminar and Other Professional Fees. -  Subject to the
23 
availability of funds, fees for relevant seminars, as well as
24 
professional membership fees for lawyers, registration fees, and
25 
related miscellaneous expenses incurred in completing the
26 
mandatory continuing legal education (MCLE) course shall be
27 
borne by the office: PROVIDED, THAT LAWYERS WHOSE
28 
LIFETIME MEMBERSHIP FEES TO THE INTEGRATED BAR
29 
OF THE 
PHILIPPINES (IBP) 
HAVE BEEN 
PAID OR
30 
REIMBURSED BY THE OSG SHALL MAINTAIN THEIR
31 
SERVICE IN THE OSG FOR AT LEAST FIVE (5) YEARS:
32 
PROVIDED, FURTHER, THAT SHOULD SUCH LAWYERS
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RESIGN OR IN ANY MANNER SEPARATE FROM THE 
OFFICE BEFORE THE END OF THE BOND, THEY SHALL BE 
REQUIRED 
TO 
REIMBURSE 
THE 
PAID 
UP 
IBP 
MEMBERSHIP DUES OR FEES PRO RATA.
Professional membership, registration fees, including those 
for mandatory continuing professional education (CPE), and 
related miscellaneous expenses of other employees holding 
positions for which a professional license is required by the office 
shall also be borne by the OSG."
Sec. 11. 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, 
SURVIVORSHIP BENEFITS, insurance premiums, professional, 
educational, 
registration 
fees, 
[ contracted] 
transportation 
benefits, PROVIDENT FUND OSG CONTRIBUTION [ the other 
benefits above, shall be token from t] AND OTHER BENEFITS 
AND 
PRIVILEGES 
MENTIONED 
IN 
THE 
OTHER 
PROVISIONS OF THIS ACT, SHALL BE PROVIDED FOR IN 
THE GENERAL APPROPRIATIONS ACT AND AUGMENTED 
BY FUNDS SOURCED FROM THE FOLLOWING:
(i) 
[ five percent (5% )] TEN PERCENT (10% ) of 
monetary 
awards 
OR 
VALUE 
OF 
ASSETS 
UPON 
LIQUIDATION, [given] AS ADJUDGED by the Courts OR 
TRIBUNALS 
to 
client 
departments, 
agencies 
and 
instrumentalities of the Government, including those under court 
approved compromise agreements;
(ii) 
TEN PERCENT (10% ) OF MONETARY AWARDS 
OR VALUE OF ASSETS ADJUDGED TO THE GOVERNMENT 
IN FORFEITURE PROCEEDINGS;
(iii) Fifty percent (50%) of fees collected by the Special 
Committee on Naturalization; and
16


1 
[ P ) ]  ( iv ) AI1 other income, fees and revenues earned and
2 
collected by the Office of the Solicitor General.
3 
For this purpose, the Office of the Solicitor General is hereby
4 
authorized to charge deputation, certification, and other similar
5 
fees in the cases that it handles.
6 
The amounts collected 
pursuant to this Section 
shall
7 
constitute a trust fund in the name of the Office of the Solicitor
8 
General to be managed and used by the Solicitor General to carry
9 
out the provisions of this Act."
10 
Sec. 12. Separability Clause. -  If any portion or provision of this Act is
11 
subsequently declared invalid or unconstitutional, other provisions hereof which are
12 
not affected thereby shall remain in full force and effect.
13 
Sec. 13. Repealing Clause. -  Pertinent provisions of Republic Act No. 9417,
14 
entitled "An Act to Strengthen the Office of the Solicitor General by Expanding and
15 
Streamlining its Bureaucracy, Upgrading Employee Skills and Augmenting Benefits,
16 
and Appropriating Funds Therefor and For Other Purposes", Executive Order No.
17 
292, otherwise known as the Revised Administrative Code of 1987, as amended, and
18 
all 
other 
laws, 
acts, 
presidential 
decrees, 
executive 
orders, 
presidential
19 
proclamations, issuances, rules and regulations, or parts thereof which are contrary
20 
to or inconsistent with any of the provisions of this Act are hereby repealed,
21 
amended, or modified accordingly.
22 
Sec. 14. Effectivity. -  This Act shall take effect fifteen (15) days after its
23 
publication in the Official Gazette or in a newspaper of general circulation.
Approved,
17