FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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SENATE 
S.B.No. 2044 
Introduced by Senator Edgardo J. Angara 
EXPLANATORY NOTE 
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The Office of the Solicitor General represents the Government of the Philippines, 
its agencies and instrumentalities and its officials and agents in any litigation, proceeding, 
investigation or matter requiring the services of lawyers. When authorized by the 
President or head of the office concerned, it shall also represent government-owned or -
controlled corporations. The Office of the Solicitor General represents, 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. As Tribune of the People/ the Office of the Solicitor General acts and 
represents the Republic andlor the People before any court, tribunal, body or commission 
in any matter, action or proceedings which, in his opinion, affects the welfare of the 
people as the ends of justice may require. Thus, the duty of the Office of the Solicitor 
General is to defend the interests of the Republic of the Philippines and to advocate the 
rule of law as a fulcrum in advancing the interests of the Government and the rights of all 
the People of the Republic of the Philippines. As Tribune of the People, the Office of the 
Solicitor General, at times takes a position contrary to that of its traditional client - the 
Government. 
Given these formidable duties of the Solicitor General, his insulation from 
political pressure is crucial and necessary for the proper performance of his duty to 
uphold the interest of the State and to faithfully carry out his role as Tribune of the 
People. 
To further strengthen the Office of the Solicitor General as an institution, this bill 
aims to give the Solicitor General a fixed term of seven years without reappointment. It is 
designed to insulate the Solicitor General, as principal lawyer of the Republic of the 
Phi lippines and as the Tribune of the People, from political pressure2 and help ensure his 
independence. 
This bill likewise aims to grant to the Office of the Solicitor General fiscal 
autonomy to further ensure its indep,endence3 and perform its twin duty as the principal 
law officer of Government and the Tribune of the People. 
~//1'--v--
EDGARDO J. ANGARA 
Galloa!e,. V.I'. Chavez, 205 SCRA 8!6 (/992) 
2 Ratiollale for granting the Ombudsman the same qualifications and disqualifications as that of the 
constitutional commissioners; Records of the ConstitutIOnal Conunissiou, Volume 2, pages 264-267. 
3 
Rational for granting fiscal autonomy to the constitutional commisszons and granting the 
commissioners thereof a fixed term oj office without reappointment; Records of the Constitutional 
Commission, Volume I, page 525. 
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FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B. No. 2044 
Introduced by Senator Edgardo J. Angara 
AN ACT 
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STRENGTHENING THE AUTONOMY AND INDEPENDENCE 
OF THE OFFICE OF THE SOLICITOR GENERAL 
AND FOR OTHER PURPOSES 
Be it enacted in the Senate and House of Representatives of the Philippines in the 
Congress assembled: 
SEC. 1. Section 3 of Republic Act No. 9417 is hereby amended to read as follows: 
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"SEC. 3. Standards. - The Solicitor General shall have A cabinet 
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rank, A TERM OF SEVEN YEARS WITHOUT REAPPOINTMENT, 
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and the same qualifications for appointment, rank, prerogatives, salaries, 
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allowances, benefits and privileges as the Presiding Justice of the Court of 
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Appeals; an Assistant Solicitor General shall have the same qualifications 
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for appointment, rank, prerqgatives, salaries, allowances, benefits and 
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privileges as the Associate Justice of the Court of Appeals. 
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The qualifications for appointment, rank, prerogatives, salaries, 
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ALLOW ANCES, BENEFITS and privileges of Solicitors shall be the 
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same as judges, specified as follows: 
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Senior State Solicitor - Regional Trial Court Judge 
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State Solicitor II 
State Solicitor I 
- Metropolitan Trial Court Judge 
- Municipal Trial Court in Cities Judge 
The 
Solicitor 
General 
shall 
determine 
the 
qualifications, 
prerogatives and responsibilities ofthe Associate Solicitors." 
SEC. 2. Section 5 of RepubJic 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 t?e 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, 
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 
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under this provision shall be selected on the basis of competitive 
examination; [and) 
(4) A provident fund which shall consist of contributions 
made both by the Office of the Solicitor General and by its lawyers 
and employees to a common fund for the payment of benefits to 
such lawyers or employees or their heirs [.); AND 
(5) 
OTHER PERQUISITES AND BENEFITS AS 
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MAY BE DETERMINED BY THE SOLICITOR GENERAL 
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IN THE EXIGENCIES OF THE SERVICE." 
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SEC.3. 
Section 11 of Republic Act No. 9417 is hereby amended to read as 
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follows: 
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"SEC. 11. Funding. - The funds required for the implementation 
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of this Act, including those for health care services, insurance premiums, 
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professional, educational, registration fees, contracted transportation 
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benefits, the other benefits above, shall be taken from: 
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(i) [five percent (5%») TEN PERCENT (10%) of 
monetary awards OR ASSETS given by the Courts to 
client departments, agencies and instrumentalities of the 
Government, 
including 
those 
under 
court-approved 
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AND 
10°/0 
compromIse 
agreemen S 
/I 
OF 
ASSETS 
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AWARDED 
TO 
THE 
GOVERNMENT 
IN 
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FORFEITURE PROCEEDINGS; 
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(ii) fifty percent (50%) of fees collected by the 
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Special Committee on Naturalization; and 
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(iii) all other income, fees and revenues earned and 
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collected by the Office of the Solicitor General. 
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For this purpose, the Office of the Solicitor General is hereby 
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authorized to charge deputation, certification and other similar fees in the 
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cases that it handles. 
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The amounts collected pursuant to this section shall constitute a 
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trust fund in the name of the Office of the Solicitor General to be managed 
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and used by the Solicitor General to carry out the provisions of this Act. 
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THE OFFICE OF THE SOLICITOR GENERAL SHALL 
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ENJOY FISCAL AUTONOMY TO ENSURE ITS INDEPENDENCE 
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IN CARRYING OUT ITS ROLE AS THE PRINCIPAL LAW FIRM 
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OF THE GOVERNMENT AND THE TRIBUNE OF THE PEOPLE. 
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ANNUAL APPROPRIATIONS FOR THE OFFICE OF THE 
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SOLICITOR GENERAL SHALL BE AUTOMATICALLY AND 
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REGULARLY RELEASED. THE OFFICE OF THE SOLICITOR 
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GENERAL IS, LIKEWISE, AUTHORIZED TO BORROW FUNDS 
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AND DISPOSE ITS ASSETS TO CARRY OUT THE PROVISIONS 
OF THIS ACT." 
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SEC. 4. 
Separability Clause. -
If any prOVISIOn of this Act is declared 
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unconstitutional or invalid, other parts or provisions hereof not affected shall continue in 
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full force and effect. 
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SEC. 5. Effectivity. - This Act shall take effect fifteen (15) days following its 
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publication in at least two (2) newspapers of general circulation. 
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Approved. 
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