SEVENTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
)
Second Regular Session 
)
S E N A T E
S.B. No. 1604
lO lfic r of tl! ■ fc
*17 
OCT 11 
P 5 ’33
RECEivLu £i\.
Introduced by Sen. Juan Miguel F. Zubiri
AN ACT
TO FURTHER STRENGTHEN THE OFFICE OF THE SOLICITOR GENERAL BY 
PROVIDING FOR ITS POWERS AND FUNCTIONS, AND REDEFINING, EXPANDING, 
AND RATIONALIZING ITS ORGANIZATION, THEREBY AMENDING REPUBLIC ACT 
NO. 9417 AND REPEALING REPUBLIC ACT NO. 2327, EXECUTIVE ORDER NOS. 1 
AND 2, S. 1986, AND ALL RELATED LAWS, AND APPROPRIATING FUNDS 
THEREFOR AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The main function of the Office of the Solicitor General (OSG) is to represent the 
Government, its departments, bureaus, 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 Government Corporate Counsel (OGCC), on the other hand, is the 
principal law office of government-owned and controlled corporations (GOCCs) pursuant to 
Republic Act No. 2327.
In 1986, the Presidential Commission on Good Government (PCGG) was created by 
virtue of Executive Orders 1 and 2, with the task to recover all ill-gotten wealth 
accumulated by former President Ferdinand E. Marcos, his family and associates, as well 
as to investigate and prosecute cases involving them.
This bill seeks to consolidate the abovementioned offices into one by strengthening 
the OSG and abolishing the OGCC and PCGG with the end in view of eliminating the 
overlapping of functions, 
addressing the expanding 
needs of GOCCs for legal 
representation, ensuring the efficient discharge of the functions of said offices and 
enhancing government efforts to recover ill-gotten wealth and investigate and prosecute 
cases relative thereto.
In view of the foregoing, the expeditious approval of this bill is earnestly sought.
GUEL F. ZUBIRI


fS^
SEVENTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
)
Second Regular Session 
)
S E N A T E
S.B. No. 1604
1 :;■/ iSlft.-f of llK- fc' r clarp
•17 
OCT 11 
P 5 -33
RECtluLi' b«.
Introduced by Sen. Juan Miguel F. Zubiri
AN ACT
TO FURTHER STRENGTHEN THE OFFICE OF THE SOLICITOR 
GENERAL BY PROVIDING FOR ITS POWERS AND FUNCTIONS, AND 
REDEFINING, EXPANDING, AND RATIONALIZING ITS 
ORGANIZATION, THEREBY AMENDING REPUBLIC ACT NO. 9417 AND 
REPEALING REPUBLIC ACT NO. 2327, EXECUTIVE ORDER NOS. 1 
AND 2, S. 1986, AND ALL RELATED LAWS, AND APPROPRIATING 
FUNDS THEREFOR AND FOR OTHER RELATED PURPOSES
1
2
Be it enacted by the Senate and House of Representatives of 
Philippines in Congress assembled:
SECTION 1. Short Title. -  This Act shall be known as the "OSG 
Charter."
3 
SECTION 2. Declaration o f Policy. — It is the declared policy of the
4 
State to strengthen the Office of the Solicitor General (OSG) in order to fulfill
5 
its role of upholding the best interest of the government as the Tribune of the
6 
People, as well as to perform its mandate as the principal law office of the
7 
Government of the Republic of the Philippines representing the Government,
8 
its departments, bureaus, agencies, and instrumentalities, and its officials and
9 
agents in their official capacity, in any litigation, proceeding, investigation, or
10 
matter requiring the services of lawyers.
11 
It is also the policy of the State to ensure efficiency and economy in the
12 
operations of government, eliminate the overlapping of functions, consolidate
13 
the legal services in the government into one office, effectively address the
14 
expanding needs of government owned and controlled corporations (GOCCs)
15 
towards the improvement of fiscal management and good corporate
16 
governance, and concentrate and enhance government efforts for the full and
17 
effective recovery of ill-gotten wealth and properties, including the efficient
18 
investigation and prosecution of cases relative thereto. Towards this end, the
19 
Office of the Government Corporate Counsel (OGCC) and the Presidential
2 0  
Commission on Good Government (PCGG) are hereby abolished and their
21 
respective powers and functions are transferred to the OSG.
2 2  
With the transfer of the powers and functions of the OGCC and the
2 3  
PCGG to the OSG, and to ensure the efficient and effective legal
2 4  
representation of the Government, its departments, bureaus, agencies, and
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instrumentalities, GOCCs, and its officials and agents in their official capacity, 
the members of the legal and administrative staff of the OSG shall be 
increased and their positions upgraded to adequately meet the Republic's 
burgeoning need for legal services. The skills of OSG lawyers shall be further 
improved, and the benefits of all OSG employees augmented. The professional 
growth of these employees shall be encouraged.
SECTION 3. Definition. -  For purposes of this Act, the term—
(a) 
"Capacity development" shall refer to the process whereby the 
OSG, as an organization, develops its capability over time to achieve 
development goals while enhancing its ability to achieve measurable and 
sustainable results, through improvement of knowledge, skills, and systems.
(b) 
"GOCCs" shall refer to government-owned and -controlled 
corporations, 
their 
subsidiaries, 
other 
corporate 
offsprings, 
including 
government-acquired asset corporations, government corporate entities and 
government instrumentalities with corporate powers, government financial 
institutions, and other government corporate entities, agencies and offices.
(c) 
"Ill-gotten wealth" shall refer to any asset, property, business 
enterprise or material possession of the persons referred to in Executive 
Orders Nos. 1 and 2, s. 1986, acquired by them directly, or indirectly through 
dummies, nominees, agents, subordinates, and/or business associates by any 
of the following means or similar schemes:
(1) 
through misappropriation, conversion, misuse, or 
malversation of public funds or raids on the public 
treasury;
(2) 
through the receipt, directly or indirectly, of any 
commission, gift, share, percentage, kickbacks, or 
any other form of pecuniary benefit from any 
person and/or entity in connection with any 
government contract or project or by reason of the 
office or position of the official concerned;
(3) 
by 
the 
illegal 
or 
fraudulent 
conveyance 
or 
disposition of assets belonging to the government 
or 
any 
of 
its 
subdivisions, 
agencies 
or 
instrumentalities, 
or 
government-owned 
or 
controlled corporations;
(4) 
by obtaining, receiving, or accepting directly or 
indirectly any shares of stock, equity, or any other 
form of interest or participation in any business 
enterprise or undertaking;
(5) 
through the 
establishment 
of 
agricultural,
industrial, or commercial monopolies or other 
combination and/or by the issuance, promulgation, 
and/or implementation of decrees and orders 
intended to benefit particular persons or special 
interests; and


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(6) 
by taking undue advantage of official position, 
authority, relationship, or influence for personal 
gain or benefit.
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SECTION 4. Organizational Structure. -  The Office of the Solicitor 
General shall be an independent and autonomous office attached to the Office 
of the President for budgetary purposes.
The OSG shall be headed by the Solicitor General, who is the principal 
law officer and legal defender of the Government. He shall have the authority 
and responsibility for the exercise of the OSG's mandate and for the discharge 
of its duties and functions, and shall have supervision and control over the 
OSG and its constituent units.
The Solicitor General shall be assisted by a Legal Staff composed of 
Assistant Solicitors General and such number of Solicitors as may be necessary 
to operate the OSG.
There shall be at least fifty (50) legal divisions in the OSG. Each 
division, headed by an Assistant Solicitor General, shall consist of at least ten 
(10) lawyers and such other personnel as may be necessary for the OSG to 
effectively carry out its functions.
The administrative structure of the OSG shall be organized into the 
Financial 
Management 
Service, 
Docket 
Management 
Service, 
Case 
Management Service, Human Resources Management and Administrative 
Service, and Budget and Planning Service, which shall be composed of the 
necessary divisions and sections. Each Service shall be headed by a Director, 
who shall be appointed by the President.
There shall be an Office of Legal Services (OLS) within the OSG to be 
headed by a Chief Legal Officer, who shall be a lawyer, appointed by the 
Solicitor General and serve at the latter's pleasure. The qualifications, salary 
grade, and benefits of the Chief Legal Officer and his/her legal staff shall be 
determined by the Solicitor General. The Chief Legal Officer shall be assisted 
by such other personnel as may be necessary to effectively carry out the 
functions of the OLS.
SECTION 5. Powers and Functions. -  The OSG shall represent the 
Government of the Philippines, its agencies and instrumentalities, including 
GOCCs, and its officials and agents acting in their official capacity, in any 
litigation, proceeding, investigation, or matter requiring the services of a 
lawyer. The OSG shall constitute the principal law office of the Government 
and, as such, shall discharge duties requiring the services of a lawyer. It shall 
have the following specific powers and functions:
(a) 
represent the Government and the People of the Philippines in 
the Supreme Court and the Court of Appeals in all criminal proceedings; 
represent the Government and its officers in the Supreme Court, the Court of 
Appeals, and all other courts or tribunals in all civil actions and special
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proceedings in which the Government has been impleaded as a party, or any 
official of the Government sued in the lawful performance of duty.
(b) 
investigate, initiate court action, or in any manner proceed 
against any person, corporation, or firm for the enforcement of any contract, 
bond, guarantee, mortgage, pledge, or other collateral executed in favor of 
the Government.
(c) 
appear in any court in any action involving the validity of any 
treaty, law, executive order or proclamation, or rule or regulation when in his 
judgment his intervention is necessary or when requested by the Court.
(d) 
appear in all proceedings involving the acquisition or loss of 
Philippine citizenship.
(e) 
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.
(f) 
conciliate, mediate, settle, or adjudicate all disputes, claims, and 
controversies solely between or among the departments, bureaus, offices, 
agencies, and instrumentalities of the National Government, including GOCCs.
(g) 
render opinion 
and 
advice 
on 
matters 
referred 
by the 
departments, bureaus, offices, agencies, and instrumentalities of the National 
Government, including GOCCs.
(h) 
prepare, upon request of the President or other proper officer of 
the National Government, rules and guidelines for government entities 
governing the preparation of contracts, making of investments, undertaking of 
transactions, and drafting of forms or other documents needed for official use, 
for the purpose of facilitating their enforcement and ensuring that they are 
entered into or prepared conformably to law and for the best interests of the 
public.
(i) 
deputize, whenever in the opinion of the Solicitor General the 
public interest requires, any provincial or city prosecutor to assist him in the 
performance of any function or discharge of any duty incumbent upon him, 
within the jurisdiction of the aforesaid provincial or city prosecutor. When so 
deputized, the prosecutor shall be under the control and supen/ision of the 
Solicitor General with regard to the conduct of the proceedings assigned to 
the prosecutor, and he may be required to render reports or furnish 
information regarding the assignment.
0) 
Any law to the contrary notwithstanding, the OSG shall be the 
legal counsel and principal law office of all GOCCs. All GOCCs shall refer to the 
OSG the following:
41
(i) 
before their execution, all contracts for review; and


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(ii) 
all cases for representation before regular courts, quasi- 
judicial 
bodies, administrative agencies, and arbitral 
tribunals. 
Provided That the Solicitor General 
may 
thereafter authorize the GOCC's legal department because 
of urgency or expediency to appear as collaborating 
counsel to handle GOCC's cases.
7 
As legal counsel of all GOCCs, the OSG shall also perform the following
8 
functions:
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(1) 
exercise 
control 
and 
supervision 
over 
the 
legal 
departments of all GOCCs through designated Assistant Soiicitors 
General and Solicitors;
(2) 
exercise visitorial powers over GOCCs;
(3) 
replace the OGCC as ex-officio member in the Property 
Insurance Fund and enforce the Property Insurance Law pursuant to 
Republic Act No. 656, as amended by Presidential Decree 245, in 
domestic or international transactions;
(4) 
conduct periodic performance audits of the in-house 
lawyers or legal departments of the GOCCs and to recommend 
appropriate actions to GOCCs;
(5) 
require the in-house lawyers or legal departments of 
GOCCs to 
submit 
periodic 
reports of work 
performed 
and/or 
accomplished and to supervise and control the necessary legal action; 
and
2 4  
(6) 
perform other functions as maybe provided by law and
2 5  
such additional tasks as may be required by the GOCCs, with the
2 6  
conformity of the Solicitor General.
2 7  
(k) 
deputize legal officers of government departments, bureaus,
2 8  
agencies, offices, and GOCCs to assist the Solicitor General and appear or
2 9  
represent the Government in cases involving their respective offices, brought
3 0  
before the courts, and exercise supervision and control over such legal officers
31 
with respect to such cases.
3 2  
(I) 
call 
on 
any 
department, 
bureau, 
office, 
agency, 
or
3 3  
instrumentality of the Government, including any GOCC, for such service,
3 4  
assistance, and cooperation as may be necessary in fulfilling its functions and
3 5  
responsibilities and for this purpose enlist the services of any government
3 6  
official or employee in the pursuit of his tasks.
3 7  
Departments, bureaus, agencies, offices, instrumentalities, and GOCCs
3 8  
to whom the OSG renders legal services are authorized to disburse funds from
3 9  
their sundry operating and other funds for the OSG. For this purpose, the
4 0  
Solicitor General, Assistant Solicitors General, Senior State Solicitors, State
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Solicitors, and Associate Solicitors are specifically authorized to receive


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allowances as may be provided by the Government offices, instrumentalities, 
and GOCCs concerned, in addition to their regular compensation.
(m) 
The powers and functions of the PCGG are hereby transferred to 
the OSG which include the following:
(1) 
file and prosecute all cases investigated by the PCGG 
under Executive Order No. 1, dated 28 February 1986, 
Executive Order No. 2, dated 12 March 1986, and 
Executive Order No. 432, dated 26 May 2005, as may be 
warranted by its findings;
(2) 
continue handling cases relative to the recovery of ill- 
gotten wealth and behest loans;
(3) 
grant immunity from criminal prosecution to any person 
who provides information or testifies in any investigation 
previously conducted by the PCGG or future cases 
investigated by the OSG involving ill-gotten wealth, to 
establish the unlawful manner in which any respondent, 
defendant or accused has acquired or accumulated the 
property or properties in question in any case where such 
information or testimony is necessary to ascertain or 
prove the latter's guilt or his civil liability. The immunity 
thereby granted shall be continued to protect the witness 
who repeats such testimony before the Sandiganbayan 
when required to do so; and
(4) 
call 
upon any department, 
bureau, 
office, 
agency, 
instrumentality or corporation of the government, or any 
officer or employee thereof, for such assistance as it may 
need in the discharge of its functions relative to recovery 
of ill-gotten wealth and behest loans;
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;
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. However, due to the fiduciary nature 
of the relationship between the OSG and the counsel, the 
engagement of the latter shall be exempt from Republic Act No. 
9184 otherwise known as the Government Procurement Reform 
Act.
act and represent the Republic and the people before any court, 
tribunal, 
body, or commission 
in any matter, action, or
(n)
(0)
(P)


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proceeding which, in his opinion, affects the welfare of the
2 
people as the ends of justice may require;
3 
(q) 
acquire, own, hold, or lease real and personal property; sell or
4 
otherwise dispose of the same; enter into contracts including
5 
loan agreements and joint venture agreements; and do and
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perform any and all acts that may be necessary or proper to
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carry out the purposes of this Act;
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(r) 
provide a Legal Internship Program to help law students prepare
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and train for and experience legal practice in public service.
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(s) 
perform such other functions as may be provided by law.
11 
SECTION 6. Abolition of the Office of the Government
12 
Corporate Counsel and the Presidential Commission on Good
13 
Government. -  The legal representation of the Government, its agencies,
14 
and instrumentalities, including GOCCs, and officials and agents acting in their
15 
official capacity, and the powers and functions of the PCGG shall be
16 
consolidated in the OSG, the principal law office and legal defender of the
17 
Government. For this purpose, the OGCC and the PCGG are hereby abolished,
18 
and all the powers and functions of said Offices which are not inconsistent
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with the provisions of this Act are hereby transferred to the OSG.
2 0  
After settlement of its liabilities, if any, all budgetary appropriations,
21 
funds, properties, records, equipment, rights, choses in action, and other
2 2  
assets of the OGCC and the PCGG are hereby transferred to the OSG.
2 3  
SECTION 7. Appointm ents. -  The Solicitor General 
shall 
be
2 4  
appointed by the President.
2 5  
The Assistant Solicitors General, Senior State Solicitors, and State
2 6  
Solicitors shall be appointed by the President upon recommendation of the
2 7  
Solicitor General. Associate Solicitors shall be appointed by the Solicitor
2 8  
General.
2 9  
The Financial Management Service, Docket Management Service, Case
3 0  
Management Service, Human Resources Management and Administrative
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Service, and Budget and Planning Service shall each be headed by a Director
3 2  
to be appointed by the President upon the recommendation of the Solicitor
3 3  
General. The Service Heads shall possess the necessary CES eligibility and
3 4  
qualifications for the position prescribed under pertinent civil service laws,
3 5  
rules, and regulations: Provided, that if a Service Head who does not possess
3 6  
the necessary eligibility and qualifications is occupying the position at the time
3 7  
of the effectivity of this Act, he or she shall continue to perform such functions
3 8  
as officer-in-charge and shall have a maximum of two (2) years to comply
3 9  
with the said eligibility and qualifications: Provided, further, that if the Service
4 0  
Head fails or is unable to meet the eligibility and qualifications for the position
41 
after the lapse of two (2) years from effectivity of this Act, he or she shall be
4 2  
ipso jure removed from said position.


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General.
Administrative personnel in the OSG shall be appointed by the Solicitor
3 
SECTION 8. Standards. -  The Solicitor General shall have the rank of
4 
a Cabinet Secretary and the same qualifications for appointment, rank,
5 
category, 
prerogatives, 
salaries, 
allowances, 
emoluments, 
privileges,
6 
retirement-and all other benefits of an Associate Justice of the Supreme Court.
7
8 
The Assistant Solicitor General shall have the same qualifications for
9 
appointment, rank, category, prerogatives, salaries, allowances, emoluments,
10 
privileges, retirement and all other benefits of an Associate Justice of the
11 
Court of Appeals.
12 
The qualifications for appointment, rank, category, prerogatives,
13 
salaries, allowances, emoluments, privileges, retirement and all other benefits
14 
of Solicitors shall be the same as judges, specified as follows:
Senior State Solicitor -  Regional Trial Court Judge 
State Solicitor II -  Metropolitan Trial Court Judge
15 
State Solicitor I -  Municipal Trial Court in Cities Judge
16 
The Solicitor General shall be entitled to the same retirement benefits
17 
and privileges as an Associate Justice of the Supreme Court, provided he has
18 
served in such capacity for at least two (2) years. Such retirement benefits
19 
and privileges shall accrue to him or her upon reaching the age of sixty five
2 0  
(65) years.
21 
Assistant Solicitor Generals, Senior State Solicitors, State Solicitors II,
2 2  
and State Solicitors I shall be entitled to the same retirement benefits and
2 3  
privileges as their counterparts in the Judiciary upon reaching the age of sixty
2 4  
(60) years, provided that they have served in such capacities for at least five
2 5  
years. An Assistant Solicitor General, Senior State Solicitor, State Solicitor II,
2 6  
and State Solicitor I may opt to serve up to the age of seventy (70) years.
2 7  
The Solicitor General shall determine the qualifications, prerogatives,
2 8  
and responsibilities of the Associate Solicitors.
2 9
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SECTION 9. Office o f Legal Services. -  The OLS shall perform such
31 
functions and duties as may be assigned by the Solicitor General, which may
3 2  
include drafting proposed legislative measures to strengthen the OSG and
3 3  
enable it to efficiently and effectively discharge its mandate for submission by
3 4  
the Solicitor General to Congress and to the President of the Philippines;
3 5  
conducting research on legal issues that may be assigned by the Solicitor
3 6  
General; and assisting the Solicitor General, Assistant Solicitors General, State
3 7  
Solicitors, Associate Solicitors, and all other employees of the OSG who are
3 8  
impleaded in their official capacity in any litigation, proceeding, investigation,
3 9  
or matter requiring the services of a lawyer.
4 0
8


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SECTION 10. Capacity Development. -  In order to build and
2 
develop the capability of the OSG as an organization to achieve development
3 
goals, as well as enhance its abilities to achieve measurable and sustainable
4 
results, the Solicitor General, in consultation with the Assistant Solicitors
5 
General, shall formulate, develop, and implement plans, activities, and
6 
programs towards the improvement of knowledge, skills, and systems. To
7 
achieve this objective, the Solicitor General may by himself authorize OSG
8 
lawyers to travel anywhere in the Philippines and abroad to attend seminars,
9 
fora, conferences, or lectures on different areas of law, pleadings and practice
10 
in international courts and tribunals, public-private partnerships, and public
11 
corporate governance, among others. The Solicitor General may also authorize
12 
the administrative staff of the OSG to undergo relevant training to improve
13 
their skills.
14 
SECTION 11. Compensation. — The salary grades of the Solicitor
15 
General, Assistant Solicitors General, Senior State Solicitors, State Solicitors,
16 
and Associate Solicitors shall be as follows:
POSITION
SALARY GRADE
Solicitor General
31
Assistant Solicitor General
30
Senior State Solicitor
29
State Solicitor II
28
State Solicitor I
27
Associate Solicitor III
26
Associate Solicitor II
25
Associate Solicitor I
24
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The Solicitor General, Assistant Solicitor General, and Solicitors shall be 
entitled to step increments and longevity pay which shall be equivalent to 
those being received by their counterparts in the judiciary.
The positions and salaries of non-legal personnel in the OSG shall be in 
the level of their counterparts in the Court of Appeals.
SECTION 12. Benefits and Privileges. — The OSG shall 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 OSG officials whose positions 
correspond to Salary Grade 28 and above shall be for the account of the OSG;
(2) hazard pay, as well as accident insurance policies procured by the 
OSG at its own expense to protect its officials while they are 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 OSG to 
enhance their academic growth and upgrade their knowledge and skills.
9


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Scholarships under this provision shall be granted on the basis of competitive \
2 
examination. Scholars shall be required to render service in the OSG upon
3 
immediate completion of the program, course or degree, in accordance with
4 
applicable Civil Service laws, rules and regulations.
5 
(4) a provident fund which shall consist of contributions made both by
6 
the OSG and by its lawyers and employees to a common fund for the payment
7 
of benefits to such lawyers or employees or their heirs;
8 
(5) other perquisites and benefits as enjoyed by other government
9 
offices or as may be determined by the Solicitor General in the exigencies of
10 
the service and in accordance with law.
11 
SECTION 13. Seminar and Other Professional Fees. — Subject to
12 
the availability of funds, fees for relevant seminars, as well as professional
13 
membership fees for lawyers, registration fees, and related miscellaneous
14 
expenses incurred in completing the mandatory continuing legal education
15 
(MCLE) course shall be borne by the OSG: Provided, that the lawyer whose
16 
lifetime membership fees/dues to the Integrated Bar of the Philippines (IBP)
17 
have been paid up or reimbursed by the OSG, shall maintain his or her service
18 
in the OSG for at least five (5) years: Provided, further, that should the lawyer
19 
resign or in any manner sever his or her service from the Office, he or she
2 0  
shall be required to reimburse the paid up IBP membership dues/fees in pro
21 
rata.
22
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2 4
2 5
2 6
2 7
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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.
SECTION 14. Survivorship Benefits; Coverage. -Upon the death 
of a Solicitor General, Assistant Solicitor General, Senior State Solicitor, State 
Solicitor, or an Associate Solicitor of the OSG, if said official had retired or was 
in the service at the time of death, the surviving legitimate spouse and 
dependent children, or in their absence, the surviving parents of said official 
shall be entitled to receive on a monthly basis all the retirement benefits that 
the deceased official was receiving or entitled to receive at the time of death 
under the provisions of the applicable retirement laws. A "dependent" means 
a legitimate, illegitimate, or legally adopted child who is chiefly dependent 
with the above-enumerated deceased 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 surviving legitimate spouse shall continue to 
receive such retirement benefits during his or her lifetime or until he or she 
remarries: Provided, that if the surviving legitimate spouse is receiving 
benefits under existing retirement laws, the surviving legitimate spouse shall 
only be entitled to the difference between the amount provided for in this Act 
and the benefits the surviving spouse has been receiving: Provided, further, 
that said benefits shall be granted to all aforementioned members of the OSG 
who died or retired prior to the effectivity of this Act: Provided, furthermore, 
that the surviving legitimate spouse receiving the benefit shall not, if he or she
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is a member of the Bar, appear as counsel before any court in any civil case 
wherein the Government or any subdivision or instrumentality thereof, 
including GOCCs, is the adverse party, or in any criminal case wherein an 
incumbent or former officer or employee of the Government is accused of an 
offense committed in relation to his or her office, or collect any fee for his or 
her appearance in any administrative proceeding; and when the surviving 
legitimate spouse shall assume an elective public office, he or she shall not, 
upon assumption of office and during his or her term, receive the said 
survivorship benefits.
SECTION 15. Grant o f Special Allowances. — Any law to the
contrary, notwithstanding, the Solicitor General, Assistant Solicitors General, 
Senior State Solicitors, State Solicitors and Associate Solicitors shall be granted 
special allowances in amounts to be determined by the Solicitor General.
The grant of special allowances shall be implemented uniformly in such 
sums and amounts and up to the extent only that can be supported by the 
funding source specified in Section 18 (a) to (d) hereof: Provided, that each 
grant of the said special allowance shall not exceed One hundred percent 
(100%) of the basic salary of solicitors as provided in Republic Act No. 6758, 
otherwise known as the Salary Standardization Law: Provided, further, that 
said special allowances shall be exempt from income tax.
SECTION 
16. Other Benefits. — Notwithstanding any law, or 
administrative rule or regulation, the lawyers of the OSG shall be entitled to 
receive honoraria and allowances directly from each client department, 
agency, and instrumentality of the Government, as well as from each client 
GOCC for the legal services that said lawyers render, which may include 
attendance in hearings, providing legal advice, drafting of contracts and legal 
documents, 
and 
performing designated functions; 
Provided, that said 
honoraria and allowances shall be exempt from income tax.
SECTION 17. Franking Privilege. — All official mail matters and 
telegrams of the OSG addressed for delivery within the Philippines shall be 
received, transmitted, and delivered free of charge: Provided, that such mail 
matters when addressed to private persons or non-government offices shall 
not exceed one hundred twenty (120) grams.
SECTION 18. Funding. — The funds required for the implementation 
of this Act, including those for health care services, survivorship benefits; 
insurance 
premiums, 
professional, 
educational, 
and 
registration 
fees; 
transportation benefits; and other benefits and privileges mentioned in the 
other provisions of this Act, shali be provided for in the General Appropriations 
Act and augmented by funds sourced from the following:
(a) 
twenty percent (20%) of monetary awards or value of assets 
adjudged by the Courts or tribunals to client departments, agencies and 
instrumentalities of the Government, and GOCCs, including those under court- 
approved compromise agreements;
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1 
(b) 
twenty percent (20%) of assets adjudged to the Government in
2 
forfeiture proceedings;
3 
(c) 
fifty percent (50%) of fees collected by the Special Committee
4  
on Naturalization; and
5 
(d) 
all other income, fees and revenues earned and collected by the
6 
Office of the Solicitor General.
7 
For this purpose, the OSG is hereby authorized to charge deputation,
8 
certification, and other similar fees in the cases that it handles.
9 
The amounts collected pursuant to this section shall constitute a trust
10 
fund in the name of the OSG to be managed and used by the Solicitor General
11 
to carry out the provisions of this Act.
12 
SECTION 19. Transfer o f Cases. -  All cases being handled by the
13 
OGCC shall be transferred to the OSG: Provided, however, that the handling
14 
OGCC lawyer shall submit a status report of all cases he or she is handling to
15 
the Solicitor General: Provided, further, that a certification under oath that the
16 
records of the case transmitted to the OSG are complete shall be made by the
17 
handling OGCC lawyer as a pre-condition for receiving the separation or
18 
retirement benefits under this Act.
19 
SECTION 20. Case M igration. -  Upon the effectivity of this Act, a
2 0  
transition "Case Migration Committee" (CMC) shall be created composed of:
21 
three (3) members from each of the respective records and docket divisions of
2 2  
the OSG, the OGCC, and the PCGG, at least two (2) members from the legal
2 3  
divisions of all GOCCs, and at least two lawyers each from the OSG, the
2 4  
OGCC, and the PCGG.
2 5  
The CMC shall ensure the smooth turnover of all cases and legal
2 6  
concerns of the OGCC and the PCGG to the OSG, with corresponding status
2 7  
reports, complete records, and other relevant documents, taking care that no
2 8  
case or legal concern shall be prejudiced in the process of turnover.
2 9  
The CMC shall have the responsibility of determining which cases and
3 0  
legal concerns need immediate attention or are extremely urgent. These cases
31 
and legal concerns shall immediately be transferred and/or referred to the
3 2  
OSG.
3 3  
The CMC shall complete its work within thirty (30) days from its
3 4  
constitution. The CMC shall submit a comprehensive report to the Solicitor
3 5  
General.
3 6
3 7
3 8
3 9
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SECTION 21. Retirem ent or Separation from  Service. -
Consequent to the abolition of the OGCC and the PCGG, OGCC and 
PCGG officials and employees shall, as far as practicable, be integrated into 
the strengthened OSG.
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Those who have attained fifty (50) years of age and have rendered at
2 
least fifteen (15) years in government service, the last five (5) years of which
3 
shall have been continuously rendered in the OGCC or the PCGG, shall be
4 
qualified for retirement with full retirement gratuity and pension pursuant to
5 
applicable laws. Those who lack any one of the above qualifications shall
6 
receive a separation pay equivalent to one and a half (1 1/2) months for every
7 
year of service in government, which will be provided for in the General
8 
Appropriations Act.
9 
SECTION 22. Im plem enting Rules and Regulations. — Within
10 
thirty (30) days from the approval of this Act, the Solicitor General, in
11 
coordination with the Secretary of Budget and Management, shall promulgate
12 
such rules and regulations as may be necessary to carry out the provisions of
13 
this Act. Until such time that the rules and regulations are promulgated and
14 
Section 21 of this law is implemented, the officials and administrative
15 
personnel of the OGCC and PCGG shall remain in their positions in a holdover
16 
capacity.
17 
SECTION 23. Retroactivity. -  The retirement benefits provided for
18 
in Section 8 and the survivorship benefits provided for under Section 14 of this
19 
Act shall have retroactive effect as of the date of effectivity of Republic Act
2 0  
No. 9417.
21 
SECTION 24. Appropriations. — The amount necessary for the
2 2  
initial 
implementation 
of this Act shall 
be . taken 
from 
the current
2 3  
appropriations of the OSG and/or its savings. Thereafter, such sums as may
2 4  
be necessary for the continued implementation of this Act shall be included in
2 5  
the annual General Appropriations Act.
2 6  
SECTION 25. Repealing Clause. — Pertinent provisions of Executive
2 7  
Order No. 292, otherwise known as the Revised Administrative Code of 1987,
2 8  
as amended. Republic Act No. 9417, and all laws, decrees, orders, rules and
2 9  
regulations or parts thereof which are contrary to or inconsistent with the
3 0  
provisions of this Act are hereby repealed or amended accordingly.
31 
This Act expressly repeals Republic Act No. 2327, Executive Orders 1
3 2  
and 2, series of 1986, and all other related laws which may be inconsistent
3 3  
with this Act.
3 4  
SECTION 26. Separability Clause. — If any provision of this Act is
3 5  
declared invalid or unconstitutional, the provisions not affected thereby shall
3 6  
continue to be in full force and effect.
3 7  
SECTION 27. Effectivity. — This Act shall take effect after fifteen
3 8  
(15) days from its publication in two national newspapers of general
3 9  
circulation.
Approved,
13