100cr 2012
Republic of the Philippines .
HOUSE OF REPRESENTATIVES 426M
Quezon City

FIFTEENTH CONGRESS
Third Regular Session

HOUSE BILLNO.___ 6632

Introduced by Hon. Jerry P. Trefias

EXPLANATORY NOTE

This proposed legislation shall strengthen, streamline and expand the functions of the
Legal Staff in the Department of Justice (DOJ) which shall be known as the Office of the State
Counsel. The current Legal Staff of the DOJ plays a pivotal role in the country’s international
commitments and economic development. :

‘The enactment of Republic Act No. 2705 on June 18, 1960 saw the creation of the Legal
Staff that is headed by the Chief Legal Counsel with the assistance of thirty (30) attorneys. It
‘was mandated to “assist the Secretary of Justice in the performance of his duties as Attorney
General of the Philippines, and as ex-officio legal adviser of government corporations or
enterprises.”

‘The Legal Staff then was mainly responsible for the issuance by the Secretary of Justice
of various written legal opinions requested by government entities, instrumentalities and offices.

Over the years, the Legal Staff has evolved and been invofved in more undertakings of
different fields. It adjudicates and arbitrates conflicts or controversies between or among
government offices and agencies, resolves the legality of tax ordinances or measures, reviews
citizenship and immigration cases, implements the anti-dummy law, negotiates and executes
executive agreements and treaties, and determines the status of refugees in compliance with our
commitment to the 1951 United Nations Convention Relating to the Status of Refugees and the
1954 United Nations Convention Relating to the Status of Stateless Persons.

Today, the Legal Staff is engaged in more government programs and international
undertakings unprecedented in its history. Its indispensable participation is seen in matters
affecting not only foreign trade, financing and investments in the Philippines, but also in
international cooperation relating to extradition, mutual legal assistance, trafficking, financial
crimes and irregular migration.

‘The multifaceted and demanding role required of State Counsels of the Legal Staff,
which has been unheralded and overlooked over the years, can efficiently and effectively


be met by recognizing the exceptional role of the Office, strengthening its functions, expanding
and streamlining the Office, augmenting benefits and upgrading employee skills.

Presently, the Legal Staff is undermanned and in dire need of organizational upgrading in
order to function optimally. The highest point in the career of a State Counsel is perhaps the
position of Chief State Counsel. Yet, it is unfortunate that the counterpart of the Chief State
Counsel, the Government Corporate Counsel in the Office of the Government Corporate Counsel
and the Solicitor General in the Office of the Solicitor General, enjoy the rank of Associate
Justice and Presiding Justice of the Court of Appeals, respectively. The corresponding judicial
ranking proposed for State Counsels augurs well with the fact that the Office is a veritable
training ground for lawyers in very special fields of law. To mention a few who worked in the
Legal Staff and rose to prominence in the legal field are Supreme Court Justice Florentino
Feliciano, Ombudsman Conchita Carpio-Morales, Supreme Court Justice Teresita Leonardo-De
Castro, former Supreme Court Justice Leonardo Quisumbing and former Supreme Court Justice
Minerva P. Gonzaga-Reyes.

Equally important is the pressing necessity to augment the salaries of the State Counsels
who are already overburdened due to the unforgiving demands of their work. Inevitably, the
Legal Staff has been unsuccessful in retaining and maintaining the best legal minds, and thus
continues to suffer from professional exodus to more economically rewarding offices.

Of similar economic situation as the State Counsels are the administrative personnel of
the Legal Staff who, over the years, are equally burdened by the voluminous work in the Office.
Overworked and underpaid, they are undeniably the strategic partners who facilitate the work of
the State Counsels. Any economic gain by the State Counsels should cascade to, and be shared
with, the administrative personnel.

‘The foregoing are the compelling reasons for the enactment Wi legislation.
JERI I,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO: 6632

Introduced by Honorable Jerry P. Trefias

AN ACT TO CREATE THE OFFICE OF THE STATE COUNSEL IN THE

DEPARTMENT OF JUSTICE,
AND FOR OTHER PURPOSES

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

assembled:

Section 1. Short Title. - This Act shall henceforth be known as the “State Counsel Act of

2012.”

Sec. 2. Office of the State Counsel; Creation, Functions and Duties. — There is hereby
created the Office of the State Counsel, under the supervision of the Secretary of the Department
of Justice, which shall have the following functions and duties:

1

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Act in behalf of the Secretary of Justice in the exercise of his function as
the Attomey General of the Philippines and as ex officio legal adviser of
government-owned and controlled corporations, departments, agencies,
and instrumentalities;

. Conduct the negotiation, and act as the focal authority in respect to the

execution and implementation of conventions, international agreements
and cooperation on criminal matters,

. Adjudicate and arbitrate controversies and conflicts between or among

‘government offices, corporations and agencies;

Act as legal adviser in finance, trade and investments;

Resolve the legality of tax ordinances and revenue measures,

‘Act on anti-dummy cases;

Determine status of refugees and stateless persons;

‘Act on immigration matters and citizenship cases; and

Perform such other functions and duties as may be provided by law.

Sec. 3. Composition. - The Office of the State Counsel shall be headed by the Chief
State Counsel who shall be assisted by such number of State Counsels as hereunder determined:


a) three (3) Assistant Chief State Counsels
b) six (6) Senior State Counsels

¢) fifteen (15) State Counsels IV

d) fifteen (15) State Counsels I

e) fifteen (15) State Counsels I

f) fifteen (15) State Counsels I

Sec. 4. Divisions and Units. - In the interest of greater efficiency in the discharge of its
functions, the Office of the State Counsel may be organized into divisions and operating units as
may be necessary.

Sec. 5. Appointment and Qualifications. - The Chief State Counsel must be an officer
earned in the law who shall be a natural-born citizen of the Philippines, at least forty (40) years
of age, a member of the Philippine Bar, and must not have been a candidate for any elective
national in the immediately preceding election whether regular or special. He must have, for at
Teast ten (10) years, been engaged in the practice of law in the Philippines.

The Chief State Counsel shall be appointed by the President upon recommendation of the
Secretary of Justice. He shall have the same rank, salary, privileges, and retirement as the
presiding justice of the Court of Appeals. His salary shall not be decreased during his term of
office

‘The qualifications for appointment, rank, category, prerogatives, salary grade and
salaries, allowances, emoluments and other privileges of the other State Counsels shall be the
same as justices or judges as follows:

Assistant Chief State Counsel Associate Justice of the Court of | Appeals
Senior State Counsel Judge of the Regional Trial Court

State Counsel IV Judge of the Metropolitan Trial Court

State Counsel IIT Judge of the Municipal Trial Court in Cities

State Counsel IT Judge of the Municipal Trial Court in Municipalities

The Assistant Chief State Counsels, Senior State Counsels, State Counsels IV, State
Counsels III, and State Counsels II shall be appointed by the President upon the recommendation
of the Secretary of Justice.

No person shall be appointed State Counsel I unless he is a citizen of the Philippines,
learned in the law, and a member of the Philippine Bar. He is appointed by the of
Justice upon the recommendation of the Selection and Promotion Board.


The Chief State Counsel and the Assistant Chief State Counsels shall compose the
Selection and Promotion Board to screen all applicants for appointment or promotion to any
position in the Office of the State Counsel.

Sec. 6. Powers of the Chief State Counsel. - The Chief State Counsel shall have the
following powers and functions:

1. Implement policies, programs, orders, memoranda, rules and regulations issued
by the Department of Justice;

2. Exercise disciplinary actions over all personnel;

3. Approve all leaves of absence with or without pay, for overtime services, for

permission to exercise their profession or engage in business outside of official

hours, for all official travels, and for claims and benefits of all personnel under

existing laws;

‘Approve attendance of personnel in conferences, seminars and other training

programs;

Prepare the budget of the Office;

‘Approve the acquisition or requisition of supplies, materials and equipment;

‘Approve contracts for services, supplies, materials, equipment and the like;

Retain on contractual basis such legal experts as may be necessary to assist in the

discharge of the functions and duties of the Office; and

9. Perform such other functions as may be provided by law or assigned by the
Secretary of Justice

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Sec. 7. Security of Tenure. - Upon effectivity of the law, the incumbent Chief State Counsel
of the Legal Staff in the Department of Justice shall automatically continue as such without need
of appointment by the President. i

The incumbent State Counsels in the Legal Staff shall continue in office in the Office of
the State Counsel without need of appointment by the President and not be removed or separated
from service as a result of this Act.

All incumbent personnel of the Office of the Legal Staff shall continue in office in the
Office of the State Counsel and not be removed or separated from service as a result of this Act.
Likewise, no diminution of salary and benefits or demotion shall be allowed.

Sec. 8. Removal; Filling of Vacancy. ~ The Chief State Counsel may be removed from
office by the President, after due process, on the ground of violation of the Constitution, treason,
bribery, graft and corruption, other high crimes or betrayal of public trust.


In case of vacancy in the Office of the State Counsel due to death, resignation, removal or
permanent disability of the Chief State Counsel, the most senior Assistant Chief State Counsel
shall automatically serve as Officer in Charge in a concurrent capacity until a new Chief State
Counsel shall have been appointed. In case the most senior Assistant Chief State Counsel cannot
assume as Officer in Charge, the next senior Assistant Chief State Counsel shall assume as
Officer in Charge.

Sec. 9. Compensation. - The basic monthly compensation of the Assistant Chief State
Counsels, Senior State Counsels, and other State Counsels are as follows:

POSITION SALARY GRADE
FROM TO
Assistant Chief State Counsel 29 30
Senior State Counsel 28 29
State Counsel [V 27 28
State Counsel IIT 26 28
State Counsel II 25 27
‘State Counsel I 24 27

Sec. 10. Benefits and Privileges, - Subject to the availability of funds, the Office of the
State Counsel may provide its legal and non-legal personnel with the following benefits:

1. Health care services for each personnel including one (1) dependent by a health
maintenance organization. Expenses for the annual executive check-up of the
Chief State Counsel, Assistant Chief State Counsels, and Senior State Counsels
shall be for the account of the Office;

2. During official travels, personnel shall be covered by accident insurance at the
expense of the Office;

3. A provident fund which shall consist of contributions made both by the Office of
the State Counsel and its personnel to a common fund, at the contribution rate of
60/40, respectively, for the payment of benefits to the personnel or their heirs;

4. Transportation expense and per diem allowance shall be borne by the Office of
the State Counsel for travels outside Metro Manila;

5. Without prejudice to efficiency in the service, scholarships to deserving
employees on official time and at the expense of the Office to enhance their
academic and professional growth or upgrade their knowledge and skills.
Scholars shall be selected on the basis of competitive examination; and

6. The Chief State Counsel and other State Counsels are entitled to special
allowance for court appearances and congressional hearings.

Sec. 11. Professional Fees. - Subject to availability of funds, fees for relevant seminars
or workshops as well as professional membership of lawyers, registration fees and related
miscellaneous expenses incurred in completing any mandated legal education courses shall be


borne by the Office. Professional membership, registration fees including mandatory continuing
professional education and related miscellaneous expenses of other employees holding positions
for which a professional license is required shall also be bome by the Office.

Sec. 12. Other Benefits, - The Chief State Counsel and other State Counsels are
authorized to receive allowances and honoraria as may be provided by government offices,
instrumentalities and corporations in addition to their basic compensation.

Sec. 13. Fees. ~The funds required for the implementation of Sections 9 and 10 hereof,
including the acquisition, maintenance and repair of equipment, vehicles, facilities, buildings
shall be sourced from all fees collected by the Office of the State Counsel.

For this purpose, the Office of the State Counsel is hereby authorized to collect fees for
services rendered. The amounts collected pursuant to this section shall constitute a trust fund in
the name of the Office of the State Counsel to be managed and used by the Office to carry out
the provisions of this Act.

Sec. 14. Office for the Stateless Persons and Refugees. ~ There is hereby created a special
division, Office for the Stateless Persons and Refirgees (OSPR), in the Office of the State
Counsel to determine the status of refugees and stateless persons in accordance with relevant
laws and international conventions. It may employ such number of staff including lawyers,
consultants and resource persons to effectively execute its function.

While the determination of the stateless or refugee status is under consideration, the
Bureau of Immigration shall suspend any proceeding for the deportation or exclusion of an
asylum seeker or stateless person and authorize their temporary residence.

To enable the OSPR to effectively and efficiently ‘perform its functions and
responsibilities, departments, bureaus, offices, agencies or instrumentalities of the Government
shall extend such services, assistance and cooperation as may be necessary.

Sec. 15. Retirement and Resignation Benefits, - When a state counsel, who has rendered
at least fifteen (15) years of government service, the last five (5) years of which must have been
continuously rendered in the Office of the State Counsel, retires upon attainment of sixty-five
(65) years of age, or resigns by reason of incapacity, he shall be entitled to receive during the
residue of his natural life a retirement pension based on the highest monthly salary plus the
highest monthly aggregate of allowances received at the time of retirement or resignation.

A State Counsel, who retires after having worked for at least fifteen (15) uninterrupted
years in the Office of the State Counsel, shall also earn longevity pay in addition to retirement
benefits. G



When a State Counsel has attained the age of sixty (60) years and has rendered at least
fifteen (15) years of government service, the last five (5) years of which must have been
continuously rendered in the Office of the State Counsel, he shall likewise be entitled to retire
and receive during the residue of his natural life the same benefits provided for in this section.
Provided, however, that those with less than fifteen (15) years of government service shall be
entitled to a pro-rata pension computed as follows:

‘Years of government service x Basic pay plus highest monthly
15 years aggregate of allowances

The previous years of service of some incumbents shall be credited in the determination
and computation of retirement and pension benefits

Sec. 16. Automatic Increase of Pension. - All pension benefits due a retired or resigned
state counsel shall be automatically increased whenever there is an increase in the salary and
allowances for the same position from which he retired or resigned.

Sec. 17. Franking Privilege, — All official mail matters of the Office of the State Counsel
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 and twenty (120) grams.

Sec. 18. Appropriation. — There is hereby appropriated initially the sum of ___ million
(2 _,000,000.00) from the funds of the National Treasury not otherwise appropriated for the
initial implementation of this Act.

Sec. 19. Repealing Clause. ~ Republic Act No. 2705, as amended, and Section 7, Chapter
2, Title III, Book IV of Executive Order No. 292 are hereby repealed

All acts, laws, decrees, executive orders, letters of instruction and regulations or any part
hereof which are inconsistent with any provision of this Act are likewise hereby repealed and/or
modified accordingly.

Sec. 20. Effectivity. — This Act shall take effect after fifteen (15) days following its
publication in a newspaper of general circulation, or in the Official Gazette.