NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
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of IliP fectrpMrp
23 JUM-1 P6:14
SENATE
S.B. No. 2273
RECEIVED ©r:
Introduced by Senator Francis “Tol” N, Tolentino
AN ACT
REQUIRING THE PARTICIPATION OF THE OFFICE OF THE SOLICITOR GENERAL 
(OSG) IN ALL CONTRACT NEGOTIATIONS WITH FOREIGN GOVERNMENTS, 
CORPORATIONS, ENTITIES, OR INDIVIDUALS, AMENDING FOR THE PURPOSE 
SECTION 35, CHAPTER 12, TITLE III, BOOK IV OF EXECUTIVE ORDER NO. 292, 
OTHERWISE KNOWN AS THE “ADMINISTRATIVE CODE OF 1987”, AND FOR
OTHER PURPOSES
EXPLANATORY NOTE
The 1987 Constitution provides that “[s]ubject to reasonable conditions prescribed by 
law, the State adopts and implements a policy of full public disclosure of all its 
transactions involving public interest.”1
The Government of the Philippines (“GOP”) borrowed approximately USD 2 billion, or 
PHP 100 billion, to finance its vaccination program against COVID-19.2 GOP negotiated 
with various vaccine manufacturers for supply prioritization and equitable rates. 
However, the vaccine supply agreements involved were not without concessions and 
contained characteristics of vaccine supply contracts which some commentators now 
classify as “secret vaccine deaLs”.3
in 2022, various countries and institutions have raised the lifting of the veil of secrecy in 
the name of transparency.4 Many have also called for accountability against widespread 
documented phenomenon of vaccine wastage; an unimaginable concept at the height of 
the COVID-19 pandemic just a few years ago.5
The Senate Committee on Accountability of Public Officers and Investigations (“Blue 
Ribbon”), in this regard, launched a motu proprio investigation, in aid of legislation, into 
the non-disclosure by and/or refusal of the OOP’s Department of Health (“DOH”) to 
release the details of the vaccine procurement contracts on the pretext of non­
disclosure agreements of the GOP with vaccine manufacturers and other contractual 
parties.
Said inquiry found, among others, that the Office of the Solicitor General (“OSG”), “the 
principal law officer and legal defender of the Government”6 and who by law “shall
Phil. Const., Article il, Section 28.
2 hJtps;//business.inquirer.net/337450/ph-borrows-a-total-of-Dl00-5-billion-for-covid-19-vaccines-boosters 
(la.st accessed 29 May 2023).
3 See https://www.nvtimes.com/2021/01/28/world/europe/vaccine-secret-contracts-Drices.html (last 
accessed 29 May 2023).
4rtd.
5 https://gh.bmi.eom/content/7/4/e009010 (last accessed 29 May 2023).
6 Executive Order No. 292, Book IV, Title III, Chapter 12, Section 34.


represent the Government of the Philippines, its agencies and instrumentalities and its 
officials and agents in any xxx matter requiring the services of a lawyer”7, had no 
involvement in the negotiation, drafting, or approval process of COVID-19 vaccine 
supply agreements and other contractual obligations entered into by the GOP.
As one of the products of said investigation, this proposed Act - requiring the 
participation of the Office of the Solicitor General (“OSG”) in all contract negotiations 
with foreign governments, corporations, entities, or individuals, through amendment of 
the Administrative Code of 1987 -- seeks to enhance the protections, personnel, and 
prerogative under the law of and to the GOP, particularly in situations involving multi­
billion peso deals and supplies that save lives and in hopes that Philippine public 
procurement can better protect public funds, public trust, and Filipino lives.
Tol” N. TOLENTINO 
Senator
7 Executive Order No. 292, Book IV, Title III, Chapter 12, Section 35..


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE 
S. No2223
4^ Senate
tt lilt
23 JUM-1 P6;14
RECEIVED EY:
Introduced by Senator Francis “Tol” N. Tolentino
AN ACT
REQUIRING THE PARTICIPATION OF THE OFFICE OF THE SOLICITOR GENERAL 
(OSG) IN ALL CONTRACT NEGOTIATIONS WITH FOREIGN GOVERNMENTS, 
CORPORATIONS, ENTITIES, OR INDIVIDUALS AMENDING FOR THE PURPOSE 
SECTION 35, CHAPTER 12, TITLE III, BOOK IV OF EXECUTIVE ORDER NO. 292, 
OTHERWISE KNOWN AS THE “ADMINISTRATIVE CODE OF 1987” AND FOR
OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled :
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Section 1. A new sub-section is hereby inserted in Section 35, Chapter 12 , Title 
ill, Book IV of Executive Order No. 292, otherwise known as the “Administrative Code of 
1987”, to read as follows ;
“SECTION 35. Powers and Functions.—The Office of the Solicitor General 
shall represent 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 a lawyer. 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 shall 
constitute the law office of the Government and, as such, shall discharge duties 
requiring the services of a lawyer. It shall have the following specific powers and 
functions:
XXX
(6) Prepare, upon request of the President or other proper officer of the i 
National Government, rules and guidelines for government entities governing the | 
preparation of contracts, making of investments, undertaking of transactions, and f 
drafting of forms or other writings needed for official use, with the end in view of' 
facilitating their enforcement and insuring that they are entered into or prepared 
conformably with law and for the best interests of the public.


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(7) PARTICIPATE IN ALL CONTRACT NEGOTIATIONS OF THE 
NATIONAL GOVERNMENT WITH FOREIGN GOVERNMENTS, 
CORPORATIONS ENTITIES, OR INDIVIDUALS INCLUDING CONTRACTS 
FOR VACCINES, MEDICINES, AND CRITICAL LIFE-SAVING SUPPLIES OR 
EQUIPMENT AND CONTRACTS FOR SERVICES, TO ENSURE THAT ANY 
AND ALL TERMS AND CONDITIONS ARE IN COMPLIANCE WITH THE 
CONSTITUTION AND ENTERED INTO OR PREPARED CONFORMABLY 
WITH LAW AND FOR THE BEST INTEREST OF THE PUBLIC.
[(7)] (8) Deputize, whenever in the opinion of the Solicitor General the 
public interest requires, any provincial or city fiscal to assist him in the 
performance of any function or discharge of any duty incumbent upon him, within 
the jurisdiction of the aforesaid provincial or city fiscal. When so deputized, the 
fiscal shall be under the control and supervision of the Solicitor General with 
regard to the conduct of the proceedings assigned to the fiscal, and he may be 
required to render reports or furnish information regarding the assignment.
[(8)] (9) Deputize legal officers of government departments, bureaus,' 
agencies and offices to assist the Solicitor General and appear or represent the 
Government in cases involving their respective offices, brought before the courts, 
and exercise supervision and control over such legal Officers with respect to 
such cases.
[(9)] (10) Call on any department, bureau, office, agency or instrumentality 
of the Government for such service, assistance and cooperation as may be 
necessary in fulfilling its functions and responsibilities and for this purpose enlist 
the services of any government official or employee in the pursuit of his tasks.
Departments, bureaus, agencies, offices, instrumentalities and 
corporations to whom the Office of the Solicitor General renders legal services 
are authorized to disburse funds from their sundry operating and other funds for 
the latter Office. For this purpose, the Solicitor General and his staff are 
specifically authorized to receive allowances as may be provided by the 
Government offices, instrumentalities and corporations concerned, in addition to 
their regular compensation.
[(10)] (11) Represent, 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.
[(11)] (12) Act and represent the Republic and/or the people before any 
court, tribunal, body or commission in any matter, action or proceeding which, in 
his opinion, affects the welfare of the people as the ends of justice may require; 
and
[(12)] (13) Perform such other functions as may be provided by law.”
Section 2. Repealing Clause - All laws, orders, rules and regulations, other 
issuances, or parts thereof, inconsistent with any provision of this Act, are hereby 
repealed or modified accordingly.


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Section 3 . Effectivity. - This Act shall take effect after fifteen (15) days following
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its publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved,