NINETEENTH CONGRESS OF THE } 
REPUBLIC OF THE PHILIPPINES }
Third Regular Session 
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24 JUL 16 P4 :49
RtCtIVcD BV:
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SENATE 
S. NO.
Introduced by Senator Francis "Tol" N. Tolentino
AN ACT
STRENGTHENING THE LEGAL STAFF OF THE DEPARTMENT OF JUSTICE, 
RENAMING IT AS THE OFFICE OF THE CHIEF STATE COUNSEL, REDEFINING, 
EXPANDING, RATIONALIZING AND FURTHER PROFESSIONALIZING ITS 
ORGANIZATION, AND APPROPRIATING FUNDS THEREFOR
EXPLANATORY NOTE
Executive Order (EO) No. 292 or the Administrative Code of 1987 provides for the 
role of the Department of Justice as the country's principal law agency - providing both 
the legal counsel and prosecution arm of the government. These core functions are 
delegated to the Legal Staff, as legal counsel, and to the National Prosecution Service, as 
the prosecution arm.
The charter of the Legal Staff in the Office of the Secretary of Justice is embodied 
under Republic Act No. 2705, as amended by Republic Act No. 4152. It enumerates the 
duties and composition of the Legal Staff and it provides for their qualifications, 
appointment, ranks, and salaries. The DOJ Legal Staff's main function is to present in a 
legal opinion how the law should be applied in relation to the function of national 
government agencies.
In addition to this duty, the DOJ Legal Staff acts as the Central Authority with 
regard to international legal cooperation. The State Counsels also assists the Secretary 
as the Attorney General by preparing comments on the bills filed in both the House of 
Representatives and Senate of the Philippines. Furthermore, they resolve questions on 
constitutionality of municipal tax ordinances and settle controversies between 
government agencies. Through the Legal Staff, the President, as well as the Executive 
branch, in general, fulfills his mandate to "ensure that the laws be faithfully executed." 
Such gargantuan task currently rests upon the Chief State Counsel and a very small 
number of only forty-two (42) state counsels and twenty-six (26) support staff.


Given the myriad of roles of the DOJ Legal Staff, it is important that there be 
organizational upgrading to effectively perform their mandate. The counterparts of the 
Chief State Counsel, namely, the Prosecutor General and the Solicitor General in the Office 
of the Solicitor General, are already equivalent to the rank of Presiding Justices of the 
Court of Appeals. It is only right that we recognize the position of the Chief State Counsel 
as such and grant them the same benefits.
Truly, the work of the Legal Staff can be said to be low key, but high impact.
Recently, compensation and retirement benefits from the Office of the 
Ombudsman, the National Prosecution Service, and the Judiciary have been upgraded, 
leaving the Legal Staff, the government's legal counsel, behind. This has, unfortunately, 
resulted to several lawyers and personnel of the Legal Staff moving to said offices, 
hampering the effectiveness of the latter in performing its tasks.
Taking into account the foregoing, there is a need to improve on the current 
compensation and benefits that the Legal Staff is receiving. Doing so will prevent the 
exodus of its lawyers and personnel, and at the same time, ensure that the Legal Staff 
will attract competent and capable human resource, who will dedicate their life to public 
service.
It is high time for the Legal Staff of the Department of Justice to be compensated 
and treated the same as that of the other lawyers in public service.
The passage of this Bill is earnestly sought.
-RAWCIS "TOL" N. TOLENTINO
Senator


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of tlif fc-i ari.Mj>
WlhSETEEi^TH CONGRESS OF THE } 
REPUBLIC OF THE PHILIPPINES }
T/j/rcf Regular Session 
}
24 JUL 16 P4.-49
RECEIVED BY.
S. NO.
SENATE
2732
Introduced by Senator Francis "Tol" N. Tolentino
AN ACT
STRENGTHENING THE LEGAL STAFF OF THE DEPARTMENT OF JUSTICE, 
RENAMING IT AS THE OFFICE OF THE CHIEF STATE COUNSEL, REDEFINING, 
EXPANDING, RATIONALIZING AND FURTHER PROFESSIONALIZING ITS 
ORGANIZATION, AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Republic of the 
Philippines in Congress assembled:
1 
SECTION 1. Short Title. - This Act shall be known as the "Office of the Chief
2 
State CoLsnse! Act."
3 
SEC. 2. Office of the Chief State Counsel. -The Legal Staff created under
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Republic Act (R.A.) No. 2705, as amended by R.A. No. 4152, shall be renamed as the
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"Office of the Chief State Counsel."
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SEC. 3. State Counsel. - Unless otherwise specified, the term "State Counsel"
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shall refer to the Chief State Counsel, Deputy Chief State Counsel, Senior State Counsel,
8 
and State Counsels I to IV.
9 
SEC 4. Powers and Functions. — The Office of the Chief State Counsel shall
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assist the Secretary of Justice in the exercise of his functions as Attorney General of the
11 
Philippines and ex officio legal adviser of government-owned or controlled corporations,
12 
or enterprises and their subsidiaries. The Office of the Chief State Counsel shall be under
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the supen/ision and control of the Secretary of Justice. The Office of the Chief State
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Counsel shall have the following powers and functions:
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a. Recommend to the Secretary of Justice, legal opinion or advice on
16 
questions of law arising from the performance of powers and duties.


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b.
and upon request of heads of national government functionaries and 
act on other queries;
Study and recommend to the Secretary of Justice the following: 
i. Comments and position papers on proposed legislations, 
whenever there are legal issues involved;
ii. Opinion or comments on the legality and validity of foreign loan 
and guarantee agreements, and, in certain cases, agreements 
related to domestic borrowings;
c. Lead negotiations of treaties, conventions, or agreements involving 
international legal cooperation, including extradition, mutual legal 
assistance in criminal matters, and transfer of sentenced persons;
d. Serve as legal adviser to other government agencies in the negotiations 
and implementation of international agreements, and whenever so 
requested, lead in the negotiations involving legal and institutional 
issues;
e. Represent the Secretary of Justice or Department of Justice (DOJ) as 
the designated Central Authority in treaties, conventions, and other 
international agreements;
f. Act on requests for mutual legal assistance in criminal matters, 
extradition, transfer of sentenced persons, and other forms of 
international legal cooperation;
g. Represent and serve as counsel of the requesting state in all stages of 
cases relating to extradition and mutual legal assistance in criminal 
matters;
h. Serve on standing councils, committees, working groups, and task 
forces, as required;
i. 
Review Orders of the Bureau of Immigration, including recognition of 
Filipino citizens or cancellation of alien certificate of registration, and 
deportation cases;
j. Adjudication of disputes, claims and controversies between or among 
government offices, agencies and instrumentalities, including 
government-owned and controlled corporations, when only questions 
of law are raised;


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k. Review the legality and validity of tax ordinances and revenue
2 
measures;
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I. Act on applications for the following:
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i. Special non-immigrant visas under Sec. 47(a)(2) of
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Commonwealth Act (C.A.) No. 613, otherwise known as the
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Philippine Immigration Act of 1940, as amended;
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ii. Special authority to employ foreign nationals under C.A. No.
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108, otherwise known as the Anti-Dummy Law, as amended;
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iii. Recognition of refugee and statelessness status;
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iv. Validation of land titles filed pursuant to Presidential Decree
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(P-D.) No. 1271 entitled "An Act Nullifying the Decrees of
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Registration and Certificates of Title Covering Lands Within the
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Baguio Townsite Reservatiorf)
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m. Supervise the Department Law Library, as well as its personnel; and,
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n. Exercise such other powers and functions as may be provided by law
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or as may be delegated by the Secretary of Justice.
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SEC 5. Expansion. The staff of the Office of the Chief State Counsel shall be
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increased and their positions upgraded, with a corresponding increase in the general and
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administrative support personnel and provision for ample office space. There shall be
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seven (7) divisions in the Office of the Chief State Counsel. Each division shall be headed
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by a Deputy Chief State Counsel and shall consist of at least ten (10) State Counsels, and
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such personnel as may be necessary for the office to effectively carry out its functions.
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Upon the recommendation of the Chief State Counsel, provided the exigencies of service
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requires it, the Secretary of Justice may create additional divisions.
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The designation, ranks, and salary grades of State Counsels are amended as
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follows:
I'1'
OLD POSITION
NEW POSITION 
1
POSITION/
SALARY
POSITION/
SALARY GRADE
DESIGNATION
GRADE
DESIGNATION


Chief State Counsel
SG 30
Chief 
State
Counsel
SG 30
Step 4
Assistant Chief State 
Counsel
SG 29
Deputy Chief
State Counsel
SG 30
State Counsel V
SG 28
Senior
State Counsel
SG 29
State Counsel IV
SG 27
State Counsel IV
SG 28
State Counsel III
SG 26
State Counsel III
SG 27
State Counsel II
SG 25
State Counsel II
SG 26
State Counsel I
SG 24
State Counsel I
SG 25
1 
The Chief State Counsel and the Deputy Chief State Counsels shall be appointed
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by the President of the Philippines. All other State Counsels and administrative personnel
3 
shall be appointed by the Secretary of Justice upon recommendation by the Promotion
4 
and Selection Board.
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The Chief State Counsel and the Deputy Chief State Counsels shall act as the
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Promotion and Selection Board to screen applicants for appointment and promotion to
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any State Counsel position and administrative personnel in the Office of the Chief State
8 
Counsel. The Chief State Counsel shall be the chairperson of the Board.
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Appointments of the State Counsels shall be deemed permanent upon compliance
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with the prescribed qualification standards under the law. The State Counsels occupying
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the positions affected by the changes in this Act at the time of its approval shall thereafter
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occupy and discharge the duties and functions of the upgraded positions and receive the
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corresponding salary, benefits and privileges without necessity of new appointment.


1 
The State Counsels occupying the positions affected by the changes in this Act at
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the time of its approval shall thereafter occupy and discharge the duties and functions of
3 
the upgraded positions and receive the corresponding salary, benefits, and privileges,
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without necessity of new appointment.
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There shall be positions created for administrative personnel equivalent to at least
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one (1) support staff for every two (2) State Counsels.
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SEC. 6. Qualifications of the State Counsels. -The Chief State Counsel and
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Deputy Chief State Counsels must be citizens of the Philippines and have been engaged
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in the practice of law in the Philippines for at least fifteen (15) years prior to their
10 
appointment.
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Senior State Counsels must be members of the Philippine Bar for at least ten (10)
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years prior to their appointment.
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State Counsels IV must be members of the Philippine Bar for at least five (5) years
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prior to their appointment.
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State Counsels III must be members of the Philippine Bar for at least four (4) years
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prior to their appointment.
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State Counsels II must be members of the Philippine Bar for at least three (3)
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years prior to their appointment.
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State Counsels I must be members of the Philippine Bar for at least one (1) year
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prior to their appointment.
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SEC. 7. Compensation and Benefits. - The salaries and allowances of State
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Counsels shall correspond to the position, rank, and salary grade pursuant to Section 5
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hereof. The Chief State Counsel and the Deputy Chief State Counsels shall enjoy the same
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retirement, death, survivorship, and other benefits as those of a Presiding Justice and
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Associate Justice of the Court of Appeals, respectively. Senior State Counsels shall enjoy
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the same retirement, death, survivorship, and other benefits as those of the judges of
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the Regional Trial Courts. All other State Counsels shall enjoy the same retirement, death,
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survivorship, and other benefits as those of the judges of the Metropolitan Trial Courts,
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Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts.
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SEC. 8. Retirement Benefits. - When a State Counsel, who has rendered at
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least fifteen (15) years of service either in the Office of the Chief State Counsel or in any
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branch of government, or in both, retires for having attained the age of sixty-five (65)
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years or resigns by reason of incapacity to discharge the duties of his or her office, he or
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she shall, during the residue of his or her natural life, in the manner hereinafter provided,
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receive a retirement pension based on the highest monthly salary, plus the highest


1 
monthly aggregate of transportation, living and representation allowances, which he or
2 
she was receiving at the time of his or her retirement or resignation.
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A State Counsel, who retires after having worked for at least fifteen (15)
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uninterrupted years in the Office of the Chief State Counsel, shall also earn longevity pay
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in addition to retirement benefits.
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When a State Counsel has attained the age of sixty (60) years and has rendered
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at least fifteen (15) years of service in government, the last five (5) years of which must
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have been continuously rendered in the Office of the Chief State Counsel, he or she shall
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likewise be entitled to retire and receive during the residue of his or her natural life the
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same benefits provided for in Paragraph 1 of this Section; Provided, however, that those
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with less than fifteen (15) years of service in the government shall be entitled to a pro
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rata pension computed as follows:
No. of years 
In Government
15 years
Basic Pay Plus the Highest 
Monthly Aggregate of 
Transportation, Living and 
Representation Allowances
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Upon retirement, a State Counsel shall automatically be entitled to a lump sum of
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five (5) years' gratuity computed on the basis of the highest monthly salary plus the
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highest aggregate transportation, living and representative allowances he or she was
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receiving on the date of retirement, and thereafter, upon survival after the expiration of
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five (5) years, to further annuity payable monthly during the residue of his or her natural
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life pursuant to the first and second paragraph of this Section.
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SEC. 9. Collateral Increase. - All pension benefits of retired State Counsels shall
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be automatically increased whenever there is an increase in the salary and allowance for
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the same position from which they retired.
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SEC. 10. Survivorship Benefits. - In case a State Counsel covered by this Act
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dies during his or her retirement, the surviving legitimate spouse and dependent of said
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State Counsel shall be entitled to receive all the retirement benefits that the deceased
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was receiving or entitled to receive at the time of death.
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A "dependent" means a legitimate, illegitimate or legally-adopted child who is
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chiefly dependent on the said deceased State Counsel if such dependent is not more than
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twenty-one (21) years of age, unmarried and not gainfully employed, or if such
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dependent regardless of age, is incapable of self-support because of mental or physical
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disability or condition.


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The surviving legitimate spouse shall continue to receive retirement benefits during
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his or her lifetime or until he or she remarries; Provided, that the surviving legitimate
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spouse receiving benefits under existing retirement laws shall only be entitled to the
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difference between the amount provided for in this Act and the benefits he or she is
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receiving; Provided, further, that said benefits shall be granted to the surviving legitimate
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spouse or dependent of State Counsels who retired prior to the effectivity of this Act.
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Funds for the initial implementation of this Section shall be taken out of the current
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appropriations for the retirement of the State Counsel and/or savings of the DOJ.
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Thereafter, such sums as may be necessary for the continued implementation of this
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Section shall be included in the Annual General Appropriations Act.
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SEC. 11. Death Benefits. - In case a State Counsel dies while in service,
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regardless of age and length of service, the heirs shall receive a lump sum of five (5)
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years' gratuity computed on the basis of the highest monthly salary plus the highest
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aggregate of transportation, living and representation allowances being received by the
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State Counsel at the time of death: Provided, however, That where said State Counsel
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has rendered at least fifteen (15) years of government service, either in the Office of the
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Chief State Counsel or in any branch of government, or both, his or her heirs shall instead
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be entitled to a lump sum of ten (10) years gratuity computed on the same basis as
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indicated in this provision: Provided further, That the lump sum of ten (10) years gratuity
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shall be received by the heirs of a State Counsel who was killed by reason of his or her
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duties as such: Provided finally, that the State Counsel has served in the Office of the
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Chief State Counsel for at least five (5) years regardless of age at the time of death.
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When a State Counsel is killed intentionally while in service, the presumption is that death
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is work-related.
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SEC. 12. Prohibitions. - To maintain entitlement to the retirement benefits
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herein provided, a State Counsel shall not, during the time he or she is receiving said
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benefit, appear as counsel before any judicial or quasi-judicial agency in any civil case
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wherein the Government or any agency, subdivision, or instrumentality thereof is an
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adverse party, or in any criminal case wherein any officer or employee of the Government
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is accused of an offense committed in relation to his/her office, or collect any fee for his
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or her appearance in any administrative proceedings, to maintain an interest adverse to
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the government, whether national, provincial, or municipal or to any of its legally
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constituted offices. When a State Counsel covered under this Act shall assume an elective
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public office, he or she shall not, upon assumption of office and during his or her term,
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receive retirement benefits.
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SEC. 13. Other Benefits and Priviieges. -The State Counsels and all
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employees under the Office of the Chief State Counsel shall be entitled to the following
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benefits:


1 
a. Health care services through a health maintenance organization (HMO). Expenses
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for the mandatory annual executive check-up of the Chief State Counsel, Deputy
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Chief State Counsels and Senior State Counsels, shall be for the account of the
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DOJ;
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b. Accident insurance policies procured by the DOJ, at its own expense, during travels
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while in the performance of their official duties and functions;
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c. Scholarships to deserving employees, on official time and at the expense of the
8 
DOJ, to enhance their academic growth and upgrade their knowledge and skills;
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and,
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d. Annual thirty (30) days forfeitable leave with pay, in addition to the fifteen (15)
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days vacation leave and fifteen (15) days sick leave privileges provided for by law,
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for all State Counsels. The forfeitable leave privilege under this Act shall be
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noncumulative and non convertible to cash.
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SEC. 14. Applicability. - All benefits heretofore extended under Republic Act
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No. 910, as amended, and all other benefits that may be extended by way of amendment
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thereto shall likewise be given to the State Counsels covered by this Act.
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SEC. 15. Authority to Collect Fees. - The Office of the Chief State Counsel is
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hereby authorized to assess, revise and collect fees for various services rendered in
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accordance with Section 54, Chapter 12, Book IV of Executive Order No. 292, otherwise
20 
known as the Administrative Code of 1987, and other laws. These collections shall be
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deposited as a Trust Fund which shall be administered by the Secretary of Justice to
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augment the Department's funds covering the privileges and benefits under Sections 13
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and 17 hereof.
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SEC. 16. Seminar and Other Related Fees. -Fees for relevant seminars, as
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well as professional membership fees for lawyers, registration fees and related
26 
miscellaneous expenses incurred in completing the mandatory continuing legal education
27 
(MCLE) shall be charged against the Trust Fund.
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SEC. 17. Franking Privilege. — The Office of the Chief State Counsel may
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transmit through ordinary mail and/or registered mail with return card, free of charge, all
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official communications and papers directly connected with the conduct of its duties and
31 
functions.
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SEC. 18. Appropriation. -There is hereby appropriated initially the sum of Two
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Hundred Million Pesos (P200,000,000.00) from the funds of the National Treasury not
34 
otherwise appropriated for the initial implementation of this Act. Thereafter, the amount
35 
needed for the implementation of this Act shall be appropriated in the budget of the


1 
Department of Justice under the Annual General Appropriations Act and from the
2 
collected fees pursuant to Section 15 hereof.
3 
SEC. 19. Separability Clause. - If any of the provisions of this Act is declared
4 
unconstitutional or invalid, the provisions not affected thereby shall continue to be in full
5 
force and effect.
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SEC. 20. Repealing Clause. - All acts, laws, decrees, executive orders, letters
7 
of instructions and regulations or any part thereof which are inconsistent with any
8 
provision of this Act are hereby repealed and or modified accordingly.
9 
SEC. 21. Effectivity. -This Act shall take effect after fifteen (15) days from its 
10 publication in at least two (2) newspapers of general circulation or in the Official Gazette.
Approved,