EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez

House Bill No. 6369
EXPLANATORY NOTE

The Department of Justice (DOJ) is the principal law agency which shall be both the
government's “legal counsel and prosecution arm’ (Section 1, Chapter 1, Title Ill, Executive
Order No. 292 (Administrative Code of 1987). These core functions are fulfilled by the two
main offices in the DOJ proper: the Legal Staff, serving as the legal counsel, and the
National Prosecution Service, the prosecution arm,

The DOJ through the Legal Staff (Office of the Chief State Counsel or OCSC) assists
in the role of the Secretary of Justice as Attomey General. Currently, the Office of the Chief
State Counsel is composed of forty-two (42) state counsels and twenty-six (26) support staff.
The Legal Staff was created under Republic Act (R.A.) No. 2705, as amended by R.A. No.
4152, and mandated by EO No. 292, to render legal opinions, memoranda, comments or
legal studies, upon the request of national govemment functionaries on difficult questions of
law attending the performance of their respective functions; prepares replies or legal advice
or legal studies at the instance of private parties and minor government officials and
employees including ad hoc bodies, committees or task forces.

From the time of the passage of the Administrative Code in 1987, the matters
handled by the Office of the Chief State Counsel have evolved, and expanded beyond
rendition of legal opinions. The Office of the Chief State Counsel is confronted with more
complex and challenging legal matters that were not envisioned by the drafters of the
Administrative Code. This bill seeks to accurately show the evolved role of the Legal Staff,
as the alter ego of the Secretary of Justice.

The Office of the Chief State Counsel discharges the role of the DOJ as the Central
Authority in matters involving international legal cooperation, such as, Mutual Legal
Assistance Treaty in Criminal Matters (MLA), Extradition Treaty, and Transfer of Sentenced
Persons Agreement (TSP). As such, the Legal Staff drafts, negotiates, and implements
these treaties. The Legal Staff is tasked to make and receive requests for extradition, MLA
and TSPs to and from PH treaty partners. It also represents treaty partners before
Philippine courts in extradition and MLA proceedings, and negotiates, with the assistance of
the Department of Foreign Affairs, proposed treaties on Extradition, MLA and TSPAs.

The Office of the Chief State Counsel, when so requested by the lead agency, also
serves as legal adviser, in the negotiation and implementation of other treaties, agreements,
and conventions.

The Office of the Chief State Counsel also attends and represents the DOJ in
congressional hearings and technical working group meetings as well as extensively
Prepares comments and inputs in the drafting of proposed legislations for both houses of
Congress.

The Office of the Chief State Counsel renders resolution on questions of
constitutionality or legality of municipal tax ordinances and resolves issues concerning

Page of


controversies between or among government agencies. It acts on applications for special
authority to employ foreign nationals under Commonwealth Act No. 108 or the Anti-Dummy
Law, as well as resolve applications for determination of refugee and statelessness status of
foreign nationals. Also, the OCSC acts on applications for special non-immigrant visas under
section 47(a)(2) of C.A. No. 613, as amended; including citizenship and deportation cases
transmitted by the Bureau of Immigration to the Department for review.

The multifaceted and demanding role required of State Counsels, which has been
unheralded and overlooked over the years, can efficiently and effectively be met by
recognizing the exceptional role of the OCSC, strengthening its functions, expanding the
Office, augmenting benefits, and upgrading employee skills.

The OCSC is undermaned and in dire need of organizational upgrading in order to
function optimally. The highest point in the career of a State Counsel is perhaps the position
of Chief State Counsel. Yet, it is unfortunate that the counterparts of the Chief State
Counsel — the Prosecutor General and the Solicitor General in the Office of the Solicitor
General — enjoy the rank of Presiding Justices of the Court of Appeals. The corresponding
judicial ranking proposed for State Counsel augurs well with the fact that the Office is a
veritable training ground for lawyers in very special fields of law. To mention a few worked in
the Legal Staff of the Department of Justice and rose to prominence in the legal field are the
late Senator Miriam Defensor-Santiago, former Supreme Court Chief Justice and
Sandigayanbayan Justice Teresita Leonardo-De Castro, former Supreme Court Justices
Florentino Feliciano, Leonardo Quisimbing, Minerva P. Gonzaga-Reyes, former Court of
Appeals Justice Rosalina A. Vicente, Court of Tax Appeals Justice Cielito Mindaro-Grulla,
Deputy Govemor of BSP Melpin Gonzaga, former Ombudsman Conchita Carpio-Morales,
and former Ombudsman, Chief Presidential Legal Counsel, and Acting Secretary of Justice
Merceditas N. Gutierrez.

The counterparts of the State Counsels in the DOJ are the State Prosecutors who
were strengthened and rationalized, and given the same benefits in R.A. No. 10071 in 2010.
It is high-time that the unheralded and overlooked State Counsels of the Department of
Justice likewise be given the same benefits as that of their counterparts in the Department.

Also, compensation and retirement benefits from the Office of the Ombudsman and
the Judiciary have been upgraded, leaving the OCSC behind.

This bill has been filed in the 15th, 16th and 17th Congresses which signifies its
importance and urgency. In re-filng this proposed measure in the 18th Congress, it is
sincerely hoped that this will finally gain enough support for its passage into a law in order to
empower and recognized our State Counsels as they perform fully and effectively their
mandates.

The passage of this Bill is earnestly sought
Uy

a
RUFUS'B. opie EZ

Page? of 9


EIGHTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES }
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez
6369

House Bill No.

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 “State Counsel Act.”

SECTION 2. Office of the Chief State Counsel. - The Legal Staff created under
Republic Act (R.A.) No. 2705, as amended by R.A. No. 4152, shall be renamed as the Office
of the Chief State Counsel.

The Office of the Chief State Counsel shall assist the Secretary of Justice in the
exercise of his functions as Attorney General of the Philippines and ex officio legal adviser of
government-owned or controlled corporations, or enterprises and their subsidiaries. The
Office of the Chief State Counsel shall be under the supervision and control of the Secretary
of Justice.

SECTION 3. State Counsel. - Unless otherwise specified, the term "State Counsel”
shall refer to the Chief State Counsel, Deputy Chief State Counsel, Senior State Counsel,
State Counsel and Associate State Counsel,

SECTION 4, Powers and Functions. — 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 upon
request of national government functionaries such as heads of departments,
chiefs of bureaus and offices of equivalent rank and only on specific questions
of law arising in the performance of their respective powers and duties;

(b) Lead negotiations on international agreements where the Department of
Justice (DOJ) is the Central Authority or implementing agency, including
bilateral, regional or multilateral treaties and conventions within the purview of
the DOJ's mandate or function;

(c) Act upon requests on matters covered by the treaties or agreements on
Mutual legal assistance in criminal matters, extradition and transfer of
sentenced persons;

(d) Represent and serve as counsel of the requesting state in all stages of
cases relating to extradition and mutual legal assistance in criminal matters;

Page of 8


(e) Serve as legal adviser to other government agencies in the negotiations and
implementation of intemational agreements, and in the negotiations, whenever
there are legal and institutional issues, or whenever so requested;

(f) Render opinion/comments on the legality and validity of foreign loan
agreements and guarantee agreements, and in certain cases, agreements
related to domestic borrowings;

(g) Study and Recommend to the Secretary of Justice comments and position
Papers on proposed legislations, whenever there are legal issues involved;

(h) Review Orders of the Bureau of Immigration concerning recognition of
Filipino citizens or cancellation of alien certificate of registration;

(i) Review appeals or petitions for review on any action in the exercise of the
quasi-judicial function of the attached agencies under the control and
supervision of the Secretary of Justice;

(i) Review for the Secretary of Justice administrative settlement or adjudication
of disputes, claims and controversies between or among government offices,
agencies and instrumentalities, including govemment-owned and controlled
corporations, when only questions of law are raised;

(k) Review the legality and validity of tax ordinances and revenue measures;
() Represent DOJ in councils or committees where DO is a member;

(m) Act upon applications for special authority to employ foreign nationals under
Commonwealth Act (C.A) No. 108 entitled “An Act to Punish Acts of Evasion of
the Laws on the Nationalization of Certain Rights, Franchises or Privileges” or
the Anti-Dummy Law, as amended;

(n) Act upon applications for determination of refugee and statelessness status
of foreign nationals, as well as protection matters of refugees and stateless
persons;

(0) Act upon applications for, and implementation of, special non-immigrant
visas which may be issued by the President under Sec. 47(a)(2) of C.A. No. 613
entitled “An Act to Control and Regulate the Immigration of Aliens into the
Philippines’, otherwise known as the Philippine Immigration Act of 1940, as
amended;

(p) Act upon applications for 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

(Q) Supervise the Department Law Library as well as its personnel; and

(P) Exercise such other powers and functions as may be provided by law or as
may be delegated by the Secretary of Justice.

Page d of 9


SECTION 5. Expansion, upgrading and creation of positions. The Office of the
Chief State Counsel is hereby expanded. The designation of state counsels are amended
and

NUM

positiow | NUMB | SALA) = posiriow ~—| BER | SALA
TITLE EROiH FARY: TITLE (OF pa
POSIT! | GRAD GRAD
on | E Posi | ORY
TION
Chief State Chief aaa
Counsel 1 | $630 | State Counsel teateese
‘Assistant Chief Deputy Chief
State Counsel 2 SG 29 | State Counsel 5 SG 30
State Counsel V Senior
Cre fsozaloneannn 10 | so29
State Counsel | > | gga7 | State CounsellV | 45 | ang
State Counsell | 45 | gqnq | State Counsel | 45 | SG oy
State Counsell | 45 | ggag | State Counsell | 55 | sone
State Counsel 46 | sG24 | State Counsel eaaltecas
. ‘Associate
7 ~__| State Counsel Cas S25

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 to be chaired by the Chief State Counsel.

The Chief State Counsel and the Deputy Chief State Counsels shall act as a
Promotion and Selection Board to screen for appointment and promotion to any State
Counsel position and administrative personnel in the Office of the Chief State Counsel

Appointments of the State Counsels shall be deemed permanent upon compliance
with the prescribed qualification standards under the law. 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 each State Counsel.

Pate Sof 9


SECTION 6. Standards, Compensation and Benefits. - The salaries, allowances
or retirement, death, and survivorship benefits of State Counsels shall be the same as their
counterparts in the judiciary, specified as follows:

Chief State Counsel — Associate Justice of the Court of Appeals
Deputy Chief State Counsel - Associate Justice of the Court of Appeals
Senior State Counsel - Judge of the Regional Trial Court

State Counsel IV - Judge of the Metropolitan Trial Court

‘State Counsel II! - Judge of the Municipal Trial Court in Cities

‘State Counsel I - Judge of the Municipal Trial Court in Municipalities

No person shall be appointed as Chief State Counsel or Deputy Chief State Counsel
unless he is a natural-bom citizen of the Philippines and has been engaged in the practice of
law in the Philippines for at least fifteen (15) years.

Senior State Counsels must be members of the Philippine Bar for at least ten (10)
years prior to their appointment while State Counsels IV, III and I! must be members of the
Philippine Bar for at least five (5) years prior to their appointment.

State Counsels | must be members of the Philippine Bar for at least four (4) years
Prior to their appointment.

Associate State Counsels must be members of the Philippine Bar for at least (1) one
year prior to their appointment.

SECTION 7. 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 his/her office, he/she shall
during the residue of his/her natural life, 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, which he/she was receiving at the
time of his/her retirement or resignation.

A State Counsel, who retires after having worked for at least fifteen (15)
uninterrupted years in the Office of the Chief State Counsel, shall also eam longevity pay in
addition to retirement benefits.

When a State Counsel has attained the age of sixty (60) years and has rendered at
least fifteen (15) years of service in goverment, the last five (5) years of which must have
been continuously rendered in the Office of the Chief State Counsel, he/she shall likewise be
entitled to retire and receive during the residue of his/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 Basic Pay Plus the Highest
In Government Monthly Aggregate of

x Transportation, Living and
15 years Representation Allowances

Page sof 9


Upon the retirement of a State Counsel, he/she 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 he/she was
receiving on the date of his/her retirement, and thereafter, upon survival after the expiration
of five (5) years, to further annuity payable monthly during the residue of his/her natural life
pursuant to the first paragraph of this Section.

SECTION 8. Survivorship Benefits. - Upon death of the State Counsel, if he/she
has retired or was in the service at the time of death, the surviving legitimate spouse and
dependent children 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 on the above-enumerated 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 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 all aforementioned State
Counsel 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 State Counsel and/or savings 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.

SECTION 9. Death Benefits. - In case the State Counsel dies while in actual
service, regardless of his or her age and length of service as required in the first and second
Paragraphs of Section 7 of this Act, his or her 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
concerned official or employee 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 goverment, 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, 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. When a State
Counsel is killed intentionally while in service, the presumption is that death is work-related.

SECTION 10. Conditions. - To maintain entitlement to the pension herein Provided,
no State Counsel, during the time he/she is receiving said pension, shall appear as counsel
before any judicial or quasi-judicial agency in any civil case wherein the Goverment or any
agency, subdivision, or instrumentality thereof is an adverse party, or in any criminal case
wherein any officer or employee of the Government is accused of an offense committed in
relation to his/her office, or collect any fee for his/her 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 State Counsel covered under

Page7 of 8


this Act shall assume an elective public office, he/she shall not, upon assumption of office
and during his/her term, retrieve the monthly pension or any of the allowance due to him/her.

SECTION. 11. Other Benefits and Privileges. - The State Counsels and other
employees under the Office of the Chief State Counsel shall be entitled to the following
benefits:

(1) 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
office;

(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, scholarships to deserving
employees on official time and at the expense of the Office to enhance their academic
growth and upgrade their knowledge and skills; and

(4) Wellness leave of fifteen (15) days a year for all State Counsels of the Office
of the Chief State Counsel.

SECTION 12. Automatic Increase. — All pension benefits of retired State Counsels
of the Office of the Chief State Counsel shall be automatically increased whenever there is
an increase in the salary and allowance of the same position from which they retired

SECTION 13. Retroactivity. - The benefits mentioned in Sections 8 and 9 hereof
shall be granted to all those who retired prior to the effectivity of this Act.

SECTION 14. Applicability. — All benefits heretofore extended under Republic Act
No. 910, as amended, and all other benefits that may be extended by the 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 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 as a
Special Trust Fund which shall be administered by the Secretary of Justice as special
allowance for State Counsels of the Office of the Chief State Counsel who are actually
performing the functions under Section 3 hereof duly certified by the Chief State Counsel;
Provided, That such special allowances shall not exceed One Hundred Percent (100%) of
the basic salary as provided under Republic Act No. 6758 otherwise known as the Salary
Standardization Law, as amended.

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 borne by the Office of the Chief State Counsel.

SECTION 17. Franking Privilege. - The Office of the Chief State Counsel may
transmit through ordinary mail and/or registered mail with return card, free of charge, all
official communications and papers directly connected with the conduct of its duties and

functions.

Page 8 of9


SECTION 18. Appropriation. - The amount necessary for the initial implementation
of this Act shall be charged against the current year’s savings of the Department of Justice.
Thereafter, such sums as may be necessary for the continued implementation of this Act
shall be included in the Annual General Appropriations Act

SECTION 19. Separability Clause. — If any of the provisions 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 acts, 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 and or modified accordingly.

SECTION 21. Effectivity. - This Act shall take effect after fifteen (15) days from its
Publication in at least two (2) newspapers of general circulation or in the Official Gazette.

Approved,

Page9 of 9