EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
im (©ttiff ot tht &fcr.'Mrp
SENATE
S.B. NO. 
1 1 7 5
•19 
NOV 18 
P 2  :23
INTRODUCED BY: SENATOR EMMANUEL D. PACQUIAO
AN ACT
AUGMENTING THE BENEFITS OF THE SOLICITORS OF THE OFFICE OF THE 
SOLICITOR GENERAL, AND APPROPRIATING FUNDS THEREFOR
EXPLANATORY NOTE
The Office of the Solicitor General is the law office of the Government of the 
Republic of the Philippines. Despite the formidable and extensive legal duties of the OSG, 
the retirement, death, and survivorship benefits of its lawyers are not comparable to those 
already being enjoyed by the National Prosecution Services, Public Attorney’s Office, Office 
of the Ombudsman, Labor Arbiters, the members of the Judiciary, among others.
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 of trial court judges, however, 
the other benefits, such as the retirement, death, and survivorship benefits, as well as 
provision for the automatic increase thereof, are not provided to the Solicitors. 
This 
inequality £unong the legal offices of the National Government erodes the thrust to 
standardize and rationalize the current compensation framework in the bureaucracy. The 
varied benefits undermine the principle of “equal pay for work of equal value”.
Inevitably, the disparity causes a higher turnover of State Solicitors. Lawyers who 
have been trained by the OSG eventually leave to find employment with advantageous 
retirement benefits.
To entice only the best and the brightest lawyers to join and build their careers in the 
OSG until their twilight years, it is only appropriate to provide its lawyers with competitive 
remunerative retirement benefits in parity with their counterparts in the government service 
performing essentially the same vital functions.


The proposed provisions will ensure that the OSG will be able to faithfully, 
effectively, and efficiently perform its mandate to uphold State interest and the interest of the 
People. In view of the foregoing reasons, the expeditious approvapTjTTI 
sought.
EMMANLi
is earnestly
lAO


EIGHTEENTH CONGRESS OE THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S.B. NO. 1 1 7  5
n» iljf  f t r f r f t n r ^
*19 
NOV 18 P2 24
RECEf. D 3V
INTRODUCED BY: SENATOR EMMANUEL D. PACQUIAO
AN ACT
AUGMENTING THE BENEFITS OF THE SOLICITORS OF THE OFFICE OF THE 
SOLICITOR GENERAL, AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled:
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SEC. 1. Retirement Benefits. -  When the Solicitor General has served in such capacity 
continuously for at least three (3) consecutive years, regardless of age or years in government 
service, he or she shall likewise be entitled to the retirement benefits under this Act.
When an Assistant Solicitor General, Senior State Solicitor, State Solicitor II or a State 
Solicitor I, who has rendered at least fifteen years (15) of service in the OSG or in any other 
branch of the Govenunent, or in both, (a) retires for having attained the age of sixty-five years, 
or (b) resigns by reason of his or her incapacity to discharge the duties of his or her office as 
certified by the Solicitor General, he or she shall receive, during the residue of his or her natural 
life, in the manner hereinafter provided, a retirement pension based on the highest monthly 
salary plus the highest monthly aggregate of transportation, living and representation 
allowances, which he or she was receiving at the time of his or her retirement or resignation.
When an Assistant Solicitor General, Senior State Solicitor, State Solicitor II or a State 
Solicitor I has attained the age of sixty (60) years and has rendered at least fifteen (15) years 
of service in Government, the last five (5) years of which must have been rendered in the OSG, 
he or she shall likewise be entitled to retire and receive, during the residue of his or her natural 
life the same benefits provided for in this section: Provided, however, That those with less than 
fifteen (15) years of service in the Government shall be entitled to a pro rata pension computed 
as follows:
No. of years 
in government 
15 years
Highest Monthly Salary plus the Highest 
Monthly Aggregate of Transportation, 
Living and Representation Allowance
Upon retirement, an OSG official or employee covered by this Act shall automatically 
be entitled to a lump sum of five (5) years gratuity computed on the basis of the highest monthly


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salary plus the highest monthly aggregate of transportation, living, and representation 
allowances, which he or she was receiving on the date of his or her retirement and, thereafter, 
upon survival after the expiration of five (5) years to further annuity payable monthly during 
the residue of his or her natural life pursuant to the preceding paragraphs; Provided, however. 
That if the reason for the retirement be any total permanent disability, as certified by the 
Solicitor General, contracted during his or her incumbency in the office and prior to the date 
of retirement, he or she shall receive a gratuity equivalent to ten (10) years' salary and 
allowances aforementioned; Provided, further. That should the retirement be with the 
attendance of any partial permanent disability, as certified by the Solicitor General, contracted 
during his or her incumbency in the office and prior to the date of retirement, he or she shall 
receive an additional gratuity equivalent to two (2) years lump sum that he or she is entitled to 
under this Act; Provided, furthermore. That if he or she survives after ten (10) years or seven 
(7) years, as the case may be, he or she shall continue to receive a monthly retirement pension 
as computed under this Act during the residue of his or her natural life. Nothing in this Act 
shall be construed as to prevent the President of the Philippines from appointing any person 
sixty-five years of age or older as Solicitor General.
SEC. 2. Conditions. While receiving the pension and benefits granted herein, no retired or 
resigned official or employee covered in the immediately preceding section shall appear as 
counsel before any judicial or quasi-judicial agency in any civil case wherein the Government 
or any agency, subdivision, or instrumentality thereof is an adverse party, or in any criminal 
case where any officer or employee of the Government is accused of an offense committed in 
relation to their office, or collect any fee for appearance in any administrative proceedings to 
maintain an interest adverse to the Government, whether national, provincial, or municipal, or 
to any of its legally constituted officers.
When a Solicitor General, Assistant Solicitors General, and State Solicitors covered by 
and receiving any benefit under this Act shall assume an elective position in Government, he 
or she shall not, upon assumption of office and during his or her tenure as an elective official, 
receive the monthly pension or any of the allowances due him or her.
SEC. 3 Death Benefits -  In case a Solicitor General, Assistant Solicitor General, Senior State 
Solicitor, State Solicitor II or State Solicitor I dies while in acmal service, regardless of his or 
her age and length of service as required in the preceding section, his or heirs shall receive a 
lump sum of five (5) years gratuity computed on the basis of the highest aggregate of 
transportation, living and representation allowances received by the concerned Solicitor as 
such; Provided, however. That where said Solicitor has rendered at least fifteen (15) years of 
government service, either in the OSG or in any branch of the Government, or both, his or her 
heirs shall instead be entitled to a lump sum of ten (10) years gratuity computed on the same 
basis as indicated in this provision; Provided, further, That the lump sum of ten (10) years 
gratuity shall be received by the heirs of the Solicitor who was killed by reason of his or her 
duties as such; Provided, furthermore. That the Solicitor has served in the OSG for at least five 
(5) years, regardless of age, at the time of death. When a Solicitor is killed intentionally while 
in service, the presumption is that the death is work-related.
SEC. 4. Survivorship Benefits; Coverage. -  In case a Solicitor General, Assistant Solicitor 
General, Senior State Solicitor, or a State Solicitor covered by this Act dies during his or her 
retirement, or was eligible to retire optionally at the time of death, the surviving legitimate


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spouse of said Solicitor shall be entitled to receive all the retirement benefits that the deceased 
Solicitor was receiving or entitled to receive. Said surviving legitimate spouse shall continue 
to receive such retirement benefits during his or her lifetime or until he or she remarries: 
Provided, That if the surviving spouse is receiving benefits under existing retirement laws, he 
or she shall only be entitled to the difference between the amount provided for in this Act and 
the benefits that he or she is receiving.
The conditions provided under Section 2 of this Act shall likewise apply to the 
surviving spouse herein.
SEC. 5. Funding. - The funds required for the implementation of this Act for the retirement 
benefits, death benefits, and survivorship benefits shall be provided for in the General 
Appropriations Act.
SEC. 6. Automatic Increase. — All retirement benefits of Solicitors General, Assistant 
Solicitors General, and State Solicitors shall be automatically increased whenever there is an 
increase in the salary and allowance in the same position from which they retired.
SEC. 7. Repealing Clause. All laws, decrees, orders, rules and regulations or parts thereof 
which are contrary to or inconsistent with the provisions of this Act are hereby amended, 
repealed or modified accordingly.
SEC. 8. Separability Clause. If any provision of this Act is declared invalid or unconstitutional, 
the provisions not affected thereby shall continue to be in full force and effect.
SEC. 9. Effectivity. This Act shall take effect immediately after fifteen (15) days from its 
publication in the Official Gazette or in at least two (2) newspapers of general circulation.
Approved,