TATIVES
REGANER,
a0

SEVENTEENTH CONGRESS OF THE REPUBLIC
OF THE PHILIPPINES

First Regular Session

REGISTRATION UN
HOUSE OF REPRESENTATIVES, ¢ STReTaN ONT

H.B.No, 8270

Introduced by Representative Herminio Harry L. Roque Jr.

AN ACT TO FURTHER STRENGTHEN THE OFFICE OF TH
GENERAL, AMENDING FOR THE PURPOSE REPUBLIC A
AND APPROPRIATING FUNDS THEREFOR

OLICITOR
NO, 9417

EXPLANATORY NOTE

The daunting and sensitive legal duties of the Office of the Solicitor General (OSG)
show that there is an imperative need for the amendment of Republic Act No. 9417 or
“An Act to Strengthen the Office of the Solicitor General by Expanding and
Streamlining its Bureaucracy, Upgrading Employee Skills and Augmenting Benefits,
and Appropriating Funds therefor and For Other Purposes.” This bill secks for the
further strengthening of the OSG as an institution, as well as providing. its lawyers
and employees benefits and privileges already being enjoyed by their counterparts in
other government offi

In particular, this bill aims to upgrade the rank of the Solicitor General from Presiding
Justice of the Court of Appeals to an Associate Justice of the Supreme Court. The
Solicitor General is the government official authorized to appear before the courts and
defend the government, its departments, agencies and instrumentalities, Congress
included, This crucial role played by the Solicitor General substantiates the upgrading
of the qualifications for appointment, rank, category, prerogatives, allowances,
emoluments, benefits and privileges of the Solicitor General to that of an Associate
Justice of the Supreme Court,

And while R.A. No. 9417 already provides that Senior State Solicitors and State
Solicitors of the OSG shall have the same rank, salaries, and privileges as that of trial
court judges, many benefits provided for by R.A. No, 9946, otherwise known as an
Act Granting Additional Retirement, Survivorship, and other Benefits to Members of
the Judiciary, like retirement under R.A, No. 910, are reserved for members of the
judiciary only


Ironically, the counterparts of Senior OSG lawyers in the National Prosecution
Service (NPS) and Public Attorney’s Office (PAO) already enjoy many other benefits,
which senior OSG lawyers are deprived of. There is a need, therefore, to equalize the
benefits and privileges received by these government lawyers by similarly affording
them the same prerogatives, salaries, allowances, benefits and privileges given to their
counterparts in the Judiciary, NPS and the PAO,

Being the most heavily case laden lawyers of the government, OSG lawyers carry
many responsibilities and face hazards to health and limb. The brutal and cold-
blooded assassination of model public servant Assistant Solicitor General Nestor J
Ballacillo, a Civil Service Dangal ng Bayan Awardee, and of his son Benedict last 06
December 2006 is clear proof of this.

‘The amendments on survivorship, authority to borrow and increase of the OSG's:
share in monetary awards or assets given by courts to client departments and assets
awarded to the government in forfeiture proceedings to 20% also serve to further
strengthen the OSG by increasing its source of income for the payment of the
mandated benefits and expansion under R.A. No. 9417,

In view thereof, the expedient approval of this bill is strongly recommended

(Mk My

HERMINIO HARRY L. ROQUE JR.


SEVENTEENTH CONGRESS OF THE REPUBLIC. )
OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRK; TIVES
H. B. No. sis!

Introduced by Representative Herminio Harry L, Roque Jr

AN ACT TO FURTHER STRENGTHEN THE OFFICE OF THE SOLICITOR
sENERAL, AMENDING FOR THE PURPOSE REPUBLIC ACT NO, 9417
AND APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Section 3 of Republic Act no. 9417 is hereby amended to
read as follows:

“SEC, 3 Standards ~ The Solicitor General shall have cabinet rank and
the same qualifications for appointment, rank, CATEGORY, prerogatives,
salaries, allowances, [benefits}) EMOLUMENTS, [and] privileges, AND
RETIREMENT AND ALL OTHER BENEFITS of [a Presiding Justice of the
Court of Appeals] AN AS 3, STICE OF THE SUPRE!
an Assistant Solicitor General, those of an Associate Justice of the
Appeals

The qualification for appointment, rank, CATEGORY, prerogatives,
salaries, ALLOWANCES, EMOLUMENTS, [Benefits] privileges, AND
RETIREMENT AND ALL OTHER BENEFITS of Solicitors shall be the same
as judges, specified as follows:

Senior State Solicitor = Regional Trial Court Judge

State Solicitor Il - Metropolitan ‘Trial Court Judge

State Solicitor I -Municipal Trial Court in Cities
Judge

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


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ION 2. Section 5 of Republic Act No, 9417 is hereby amended to read as

“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 though 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 polic
by the office at its own expense during travels while in the pe
their official duties and funetions;

(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 General and by its lawyers and employees to a
common fund for the payment of benefits to such lawyers or employees of
their heirs, and

(5). OTHER PREREQUISITES AND BENEFITS AS MAY BE
DETERMINED BY THE SOLICITOR GENERAL IN THE
EXIGENCIES OF THE SERVICE.”

ECTION 3. Section 10 of Republic Act No, 9417 is hereby deleted and
replaced by a new Section 10 to read as follows:

“SEC. 10, [Grant of Special Allowances — The Solicitor General,
Assistant Solicitor General, Senior State Solicitor, State Solicitors [ and Associate
Solicitors I to HHI shall be granted special allowances in amounts to be detern
the Secretary of the Department of Budget and Management and the S
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 11 hereof: Provided, That the said special allowance shall
not exceed one hundred percent (100%) for the basic salary of solicitors as provided
in Republic Act No. 6758, otherwise known as the Salary Standardization Law.]
SURVIVORSHIP BEN ‘S$ — UPON DEATH OF A SOLICITOR GENERAL,
ASSISTANT SOLICITOR GENERAL, SENIOR STATE SOLICITOR OR STATE
SOLICITOR OF THE OSG, IF SAID OSG OFFICIAL HAD RETIRED EVEN

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PRIOR TO THE ENACTMENT OF THIS LAW OR WAS IN THE SERVICE AT
THE OF DEATH, THE SURVIVING LEGITIMATE SPOUSE AND DEPENDENT
CHILDREN OF SAID OSG OFFICIAL SHALL BE ENTITLED TO RECEIVE ON
A MONTHLY B, ALL THE RETIREMENT BENEFITS THAT THE
DECEASED WAS RECEIVING OR ENTITLED TO RECEIVE AT THE TIME OF
DEATH UNDER THE PROVISIONS OF THE APPLICABLE RETIREMENT
LAWS THEN IN FORCE. A DEPENDENT MEANS A_ LEGITIMATE,
ILLEGITIMATE OR LEGALLY ADOPTED CHILD WHO IS CHIEFLY
T WITH THE ABOVE-ENUMERA' DECEASED OSG
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 SAID
SURVIVING LEGITIMATE SPOUSE SHALL CONTINUE TO RECEIVE SUCH
RETIREMENT BEN! DURING HIS/t LIFETIME OR UNTIL HE/SHE
REMARRIES; PROVIDED, THAT IF THE SURVIVING LEGITIMATE SPOUSE
JS RECEIVING BENEFITS UNDER EXISTING RETIREMENT LAWS, HE/SHE
SHALL ONLY BE ENTITLED TO THE DIFFERENCE BETWEEN THE
AMOUNT PROVIDED FOR IN THIS ACT AND THE BENEFITS HE/SHE IS
RECEIVING: PROVIDED FURTHER, THAT SAID BENEFITS SHALL BE.
GRANTED TO ALL AFOREMENTIONED MEMBERS OF THE OFFICE OF THE,
SOLICITOR GENERAL WHO DIED OR RETIRED PRIOR TO THE
EFFECTIVITY OF THIS ACT.

FUNDS FOR THE INITIAL IMPLEMENTATION OF THIS SECTION
SHALL BE TAKEN OUT OF THE CURRENT APPROPRIATIONS FOR THE
RETIREMENT OF THE OFFICERS AND EMPLOYEES OF THE OFFICE OF
THE SOLICITOR GENERAL AND/ OR SAVINGS OF SAID OFFICE,
THEREAFTER, SUCH SUMS MAY BE NECESSARY FOR THE
CONTINUED IMPLEMENTATION OF THIS SECTION SHALL BE INCLUDED
IN THE ANNUAL GENERAL APPROPRIATIONS ACT.”

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to read as follows:

CTION 4, Section 11 of Republic Act No. 9417 is hereby amended

“SEC. 11 Funding — The funds required for the implementation of this.
Act, including those for health care services, insurance premiums, professiona
educational, registration fees, contracted transportation benefits, the other benefits
above, shall be taken from

(i) [Five percent (5%)] TWENTY PERCENT (20%) 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 TWENTY PERCENT (20%) OF ASSETS
AWARDED TO THE GOVERNMENT IN FORFEITURE PROCEEDING

(ii) Fifly pereent (50%) of fees collected by the Special Committee on
‘Naturalization; and


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(iii) All other income, fees and revenues eared 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 IS LIKEWISE,
AUTHORIZED TO BORROW FUNDS AND DISPOSE OF ITS ASSETS TO
CARRY OUT THE PROVISIONS OF THIS ACT.”

SECTION 5. Retroactivity — The retirement benefits provided for under
Section 10 of this Act shall have retroactive effect as of the date of effectivity of
Republic Act No. 9417.

SECTION 6. Separability Clause ~ \f any provision of this Act is declared
unconstitutional or invalid, other parts or provisions hereof not effected shall continue
in full force and effect.

SECTION 7. Ejjectivity ~ This Act shall take effect fifteen (15) days
following its publication in the Official Gazette or in at least two (2) newspapers of
general circulation

Approved,