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FOURTEENTH CONGRESS OF THE REPUBLIC) 
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OF THE PHILIPPINES 
) 
Third Regular Session 
) 
'1 0 JAN 11 P 1 :52 
SENATE 
Senate Bill No. a564 
Introduced by Senate President luan Ponce Enrile 
EXPLANATORY NOTE 
The Office of the Solicitor General (OSG) represents the Government of the 
Philippines, its agencies, instrumentalities, 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 can also represent government­
owned or controlled corporations in similar legal concerns. Upon the instructions of the 
President, the OSG represents the Republic of the Philippines in international litigations, 
negotiations or conferences where the legal position of the Republic must be defended 
or presented. 
In sum, as Tribune of the People,l the OSG acts and represents the Republic 
and/or the People before any court, tribunal, body or commission in any matter, action 
or proceedings which affects the welfare of the people as the ends of justice may 
require. Thus, the duty of the OSG is to defend the interests of the Republic of the 
Philippines and to promote 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 OSG 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 OSG as an institution, this bill aims to give the Solicitor 
General a fixed term of seven years without reappointment. The bill likewise aims to 
grant to the OSG fiscal autonomy. These measures are proposed in order to insulate the 
Solicitor General, as principal lawyer of the Republic of the Philippines and as the 
Tribune of the Peoplel from political pressure2 and uphold the OSG's independence.3 
In view of these, the immediate passage of this bill is earnestly s ught. 
1 
Gonzales vs, Chavez, 205 SCRA 816 (1992). 
2 
Rationalefor granting the Ombudsman the same qualifications and disqualifications as that ofthe constitutional 
commissioners; RECORDS OF THE CONSTITUTIONAL COMMISSION, Vol. 2, pp. 264-267. 
3 
Rationalefor grantingfiscal autonomy to the constitutional commissions and granting the commissioners thereof 
aflXed term ofoffice without reappointment; RECORDS OF THE CONSTITUTIONAL COMMISSION, Vol. 1, p. 525. 


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FOURTEENTH CONGRESS Of THE REPUBLIC) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
1 0 
.JAN 11 P'I :52 
SENATE  
Senate sm No. 3564  
Introduced by Senate President Juan Ponce Enrile 
AN ACT 
STRENGTHENING THE AUTONOMY AND INDEPENDENCE OF THE OFFICE Or­
THE SOLICITOR GENERAL AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
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SECfIOI\J 1. Section 3 of Republic Act No. 9417/ "An Act to Strengthen the Office 
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of the Solicitor General by Expanding and Streamlining Its Bureaucracy/ Upgrading 
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Employee Skills and Augmenting Benefits/ and Appropriating Funds Therefor and For 
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Other Purposes/' is hereby amended to read as follows: 
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"SEC. 3. Standards. - The Solicitor General shall have cabinet 
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rankr WITH A TERM OF SEVEN (7) YEARS WITHOUT 
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REAPPOINTMENTr and the same qualifications for appointment/ 
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rank/ prerogatives/ salaries/ allowances/ benefits and privileges as 
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the Presiding Justice of the Court of Appeals; an Assistant Solicitor 
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General shall have the same 
qualifications for appointment/ rank/ 
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prerogatives! salaries! allowances/ benefits and privileges as the 
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Associate Justice of the Court of Appeals. 
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The qualifications for appointment/ rank! prerogatives/ salaries! 
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ALLOWANCES, 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 
State Solicitor II 
Metropolitan Trial Court Judge 
State Solicitor I 
Municipal Trial Court in Cities 
Judge 
The 
Solicitor General 
shall 
determine tile qualifications, 
prerogatives and responsibilities of the Associate Solicitors:
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SECTION 2. Section 5 of Republic Act 1\10. 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 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] 


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(4) A provident fund which shall consist of contributions made 
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both by the Office of the Solicitor General and by its lawyers and 
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employees to a common fund for the payment of benefits to 
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such lawyers or employees or their heirs; AND, 
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(5) 
OTHER PERQUISITES AND BENEfITS AS MAY BE 
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DETERMINED BY THE SOLICITOR GENERAL IN THE 
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eXIGENCIES Of THE SERVICE." 
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SECTION 3. Section 11 of Re,:public 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 of 
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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 (100/0) of monetary 
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awards OR ASSETS given by the Courts to client 
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departments, 
agencies 
and 
instrumentalities 
of the 
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Government, 
including 
those 
under 
court-approved 
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compromise agreements[;], AND TEN PERCENT (100/0) 
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OF ASSETS AWARDED TO THE GOVERNMENT IN 
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fORFEITURE PROCEEDINGS; 
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(ii) 
fifty percent (50%) of fees collected by the Special 
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Committee on Naturalization; and 
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(iii) all other income, fees and revenues earned and collected by 
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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 
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the 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 
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managed and used by the Solicitor General to carry out the provisions 
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of this Act. 
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THE OFFICE OF THE SOLICITOR GENERAL SHALL ENJOY 
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FISCAL AUTONOMY TO ENSURE ITS INDEPENDENCE IN 
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CARRYING OUT ITS ROLE AS THE PRINCIPAL LAW FIRM OF 
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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 
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THIS ACT." 
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SECTION 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 
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in full force and effect. 
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SECTION 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,