FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill Noo O80

EXPLANATORY NOTE

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 and/or the People before any
court, tribunal, body or commission in any matter, action or proceedings which in this
opinion, affects 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 interest 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 positions 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 Philippines and as the Tribune of the People, from political
pressure and held ensure his independence.

This bill likewise aims to grant to the Office of the Solicitor General fiscal
autonomy to further ensure its independence and perform its twin duty as the
principal law officer of Government and the 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 Philippines and as the Tribune of the People, from political
pressure and help ensure his independence.

This bill likewise aims to grant to the Office of the Solicitor General fiscal

autonomy to further ensure its independence and perform its twin duty as the
principal law officer of Government and the Tribune of the People.

RUFUS B. ROPRIGUEZ

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No__ 3880

AN ACT
STRENGTHENING THE AUTONOMY AND INDEPENDENCE OF THE OFFICE OF
THE SOLICITOR GENERAL AND FOR OTHER PURPOSE.

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

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

“Sec.3. Standard — The Solicitor General shall have a cabinet
rank, a term of seven years without reappointment, and the same
qualifications for appointment, rank, prerogatives, salaries, allowances
and privileges as the Presiding Justice of the Court of Appeals; as
Assistant General shall have the same qualifications for appointment,
rank, prerogatives, salaries, allowances, benefits and privileges as the
Associate Justice of the Court of Appeals.

The qualifications for appointment, rank, prerogatives, salaries,
allowances benefits and privileges of Solicitors shall be the same
judges, specified as follows:

Senior State Solicitor - Regional Trial Court Judge
State Solicitor It - Metropolitan Trial Court Judge
State Solicitor - Municipal Trial Cities Judge

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

SEC.2. Section 5 Republic Act No. 9417 is hereby amended to reads 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:


(1) Health care service 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 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;

(4) A provident fund which shall consist of contributions made
both by the Office of the Solicitor of the 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
of this Act, including those for health care services, insurance
premiums, professional, educational, registration fees, contracted
transportation benefits, the other benefits above, shall be taken from:

(i) ten percent (10%) of monetary awards or assets
given by the Court to client departments, agencies
and instrumentalities of the Government, including
those under _court-approved compromise
agreements and 10% of assets awarded to the
Government in forfeiture proceeding;

(i) 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 purpose, 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 shall enjoy fiscal autonomy to
ensure its independence in carrying out its role as the principal law firm of the
Government and the Tribune of the People. Annual appropriations for the
Office of the Solicitor General shall be automatically and regularly released
The Office of the Solicitor General is likewise, authorized to borrow funds and
dispose its assets to carry out the provisions of this Act.

SEC.4, Separability Clause. - If any provision of this Act is declared unconstitutional

or invalid, other parts or provisions hereof not affected shall continue in full force and
effect.

SEC.5. Effectivity. - This Act shall take effect fifteen (15) days following its
publication in at least two (2) newspapers of general circulation

Approved,