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Republic of the Philippines BOGE IVER
HOUSE OF REPRESENTATIV! bare, 29 UUN 2o%g
Quezon City 5
17" coneress | Viian

First Regular Session
~ 54 REST RAT,
HOUSE BILL NO. BILLS ana y

Introduced by REP. EVELINA G. ESCUDERO.

EXPLANATORY NOTE

is the declared policy of the State to protect the rights and promote the welfare of
ino worker. Pursuant to this policy and to ensure efficient and effective
performance in the legal service of the Government, the Office of the Solicitor General
should be further strengthened.

This bill provides for the upgrading of the standards, benefits and privileges and
increasing the funding of the Office of the Solicitor General. It also provides for
survivorship benefits to surviving spouse and legitimate children of a deceased or retired
OSG member.

Approval of this bill is earnestly sought.

EVELINA G. ESCUDERO


Republic of the Philippines
HOUSE OF REPRESENTATIV!
Quezon City

17" CONGRESS,
First Regular Session

HOUSE BILL No.__047

Introduced by REP. EVELINA G. ESCUDERO

AN ACT
TO FURTHER STRENGTHEN THE OFFICE OF THE SOLICITOR GENERAL AND FOR
OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Section 3 of Republic Act No. 9417 is hereby amended to read as follows:

“Sec. 3. Standards. - The Solicitor General shall have cabinet rank and the same
qualifications for appointment, rank, CATEGORY, prerogatives, salaries, allowances,
[benefits] EMOLUMENTS, [and] privileges AND RETIREMENT AND ALL OTHER
BENEFITS OF AN [as the Presiding Justice of the Court of Appeals;) ASSOCIATE
JUSTICE OF THE SUPREME COURT; an Assistant Solicitor General, those of an
Associate Justice of the Court of Appeals.

The qualifications for appointment, rank, CATEGORY, prerogatives, salaries,
ALLOWANCES, EMOLUMENTS, PRIVILEGES, AND RETIREMENT AND ALL
OTHER BENEFITS [and privileges] of Solicitors shall be the same as judges, specified as

follows:
Senior State Solicitor - Regional Trial Court Judge
State Solicitor IT - Metropolitan Trial Court Judge
State Solicitor 1 s Municipal Trial Court in Cities Judge

The Solicitor General shall determine the qualifications, prerogatives and
responsibilities of the Associate Solicitors.”

SEC. 2. Section 5 of Republic Act No. 9417 is hereby amended to read as follows:

“See. 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 service through a health maintenance organization (HMO). Expenses for
the mandatory annual executive check-up of the Solicitor General, the Assistant
Solicitor 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 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 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 may be determined by the Solicitor General in the
exigencies of the service

SEC. 3. Section 11 of Republic Act No. 9417 is hereby amended to read as follows:

“Sec. 11. Funding. - The funds required for the implementation, including those
for health care services, insurance premiums, professional, educational, registration fees,
contracted transportation benefits, the other benefits above, shall be taken from:

() TWENTY PERCENT (20%) [five percent (5%)] of monetary awards OR
ASSETS given by the Courts to client departments, agencies and instrumentalities
of the Government, including those under court-approved compromise agreements
AND TWENTY PERCENT (20%) OF ASSETS AWARDED TO THE
GOVERNMENT IN FORFEITURE PROCEEDINGS;

(ii) fifty percent (50%) of fees collected by the Special Committee on Naturalization;
and

(iii) all other income, fees and revenues earned and collected by the Office of the
Solicitor General

For this purposes, the Office of the Solicitor General is hereby authorized to charge
deputation, certification and other similar fees in the cases that it handles.

The amounts collected pursuant to this section shall constitute a trust fund in the
name of the Office of the Solicitor General to be managed and used by the Solicitor General
to carry out the provisions of this Act.

THE OFFICE OF THE SOLICITOR GENERAL
AUTHORIZED TO BORROW FUNDS AND DISPOSE OF ITS A‘
OUT THE PROVISIONS OF THIS ACT.

LIKEWISE,
TS TO CARRY

SEC. 4. A New Section 10 shall hereafter be added to Republic Act No. 9417, after which
renumber the succeeding sections accordingly:

“SEC. 10. SURVIVORSHIP. - UPON DEATH OF A SOLICITOR
GENERAL, ASSISTANT SOLICITOR GENERAL, SENIOR STATE SOLICITOR
OR STATE SOLICITOR OF THE OSG, IF SAID OSG OFFICIAL HAD RETIRED
OR WAS IN THE SERVICE AT THE TIME OF DEATH, THE SURVIVING
LEGITIMATE SPOUSE AND DEPENDENT CHILDREN OF SAID OSG OFFICAL
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 WITH THE
ABOVE-ENUMERATED DECEASED OSG OFFICIALS 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 TO ALL AFOREMENTIONED
MEMBERS OF THE OFFICE OF THE SOLICITOR GENERAL 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 OFFICERS AND EMPLOYEES OF THE OFFICE OF
THE SOLICITOR GENERAL AND/OR SAVING 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.

SEC. 5. Retroactive Clause. - The retirement benefits provided for under Section 1 of this
Act shall have retroactive effect as of the date of effectivity of Republic Act No. 9417.

Act is declared unconstitutional or
inue in full force and effect.

SEC. 6. Separability Clause. - If any provision of tl
invalid, other parts or provisions hereof not affected shall co!

SEC. 7. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,